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Immigration Law

Brooklyn Law School

2018

Articles 1 - 7 of 7

Full-Text Articles in Law

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …


The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino Oct 2018

The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino

Brooklyn Law Review

The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …


A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas Jul 2018

A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas

Brooklyn Law Review

This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …


Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen Jul 2018

Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen

Brooklyn Law Review

Under 8 U.S.C. § 1226(c), Congress mandates that the Attorney General detain criminal immigrants upon release from prison. The statute neither provides a temporal limitation to detention nor does it afford a criminal immigrant periodic bond hearings to determine whether he or she is a flight risk or danger to the community. Thus, until an immigration judge decides whether a criminal immigrant should be removed from the United States, that person remains detained. With the unprecedent backlog in immigration courts, criminal immigrants are waiting longer for a removal hearing, which means longer time spent in detention with no opportunity for …


Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz Jun 2018

Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz

Brooklyn Law Review

Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …


Borders, Bans, And Courts In The European Union, Maryellen Fullerton Apr 2018

Borders, Bans, And Courts In The European Union, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


The President's Immigration Courts, Catherine Y. Kim Jan 2018

The President's Immigration Courts, Catherine Y. Kim

Faculty Scholarship

No abstract provided.