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Articles 1 - 16 of 16
Full-Text Articles in Law
The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro
The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro
The Scholar: St. Mary's Law Review on Race and Social Justice
Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future attempts. Even …
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …
Matter Of A-B-, Lgbtq Asylum Claims, And The Rule Of Law In The U.S. Asylum System, Nora Snyder
Matter Of A-B-, Lgbtq Asylum Claims, And The Rule Of Law In The U.S. Asylum System, Nora Snyder
Northwestern University Law Review
On June 11, 2018, then-Attorney General Jeff Sessions released his decision in a case called Matter of A‑B‑, purporting to eliminate domestic violence and gang violence as grounds for asylum. The decision also cast doubt on the continued viability of asylum claims predicated on non-state actor violence, which alarmed LGBTQ advocates, whose asylum claims often involve non-state actor persecutors. In making this change, Sessions used a previously rarely used feature of the asylum system, the Attorney General’s self-certification power. This Note analyzes the potential impact of Matter of A‑B‑ on LGBTQ asylum seekers. Based on the text of the …
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Northwestern Journal of Law & Social Policy
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …
Pereira's Aftershocks, Lonny Hoffman
Pereira's Aftershocks, Lonny Hoffman
William & Mary Law Review
At the end of the 2017 term, the Supreme Court decided not to stop time. Nonpermanent residents who have been placed in removal proceedings may apply for a discretionary form of relief from the Attorney General known as “cancellation of removal.” To be eligible, an applicant must show (in addition to meeting other requirements) that she has been in the United States for at least ten consecutive years. The period of continuous physical presence is interrupted when the government serves the noncitizen with a notice to appear at a removal hearing. However, in Pereira v. Sessions, the Court held that …
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This essay explores the masculinities underpinnings in modern immigration law, policy, and rhetoric. Existing analysis has captured the ways in which Trump-era immigration laws, policies, and rhetoric are explicitly and implicitly packaged in alarming racism and xenophobia. These critical lenses continue a long and deeply worrisome legacy of “othering” and dehumanizing immigrants and, more broadly, marginalizing communities of color in the United States.
Outside of the immigration law lens, separate strands of scholarship and media coverage have highlighted the toxic masculinities of the Trump era. These discussions have generally focused on President Trump’s treatment of women, the gendered campaign dynamics …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Faculty Articles
No abstract provided.
Self-Deportation Nation, K-Sue Park
Self-Deportation Nation, K-Sue Park
Georgetown Law Faculty Publications and Other Works
“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
Silence And The Second Wall, Ming H. Chen, Zachary New
Silence And The Second Wall, Ming H. Chen, Zachary New
Publications
The Trump administration has made its clarion call “build the wall.” From the start of the presidential campaign to the government shutdown to the declaration of a national emergency, he has made the wall the centerpiece of his immigration enforcement strategy. While the public attention has been riveted on these dramatic episodes at the southern border of the U.S., many more subtle challenges to legal migration have been introduced and implemented. Collectively, these constitute a second wall – one that is invisible to all but the few who have noticed it. This essay explores the distinctive challenges being posed to …
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The family law lens reveals a worrisome shift in intentionality that has moved the state from a bystander to family-based immigration trauma to an incendiary agent perpetrating family trauma.
Modern immigration laws and policies are deploying legal and political strategies that intentionally sever …
Immigration, Adoption And Our National Identity, Shani M. King
Immigration, Adoption And Our National Identity, Shani M. King
UF Law Faculty Publications
In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political, …
The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez
The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez
Pomona Senior Theses
As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through …
Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini
Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini
St. Thomas Law Review
This Comment addresses the implications of ICE agents violating Fourth Amendment rights of undocumented immigrants who have been unreasonably seized during workplace raids. Part II discusses how the Fourth Amendment protections extend to the workplace, as well as the influence of ICE on immigration law and how the Fourth Amendment applies in the immigration context. Part IH addresses how Trump's antiimmigrant oratory has encouraged ICE to conduct workplace raids, which result in egregious violations of the Fourth Amendment. Part III further addresses the effect of the holding in Delgado on workplace raids and how ICE has conducted the raids in …