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Articles 1 - 12 of 12
Full-Text Articles in Law
Gender-Based Religious Persecution, Pooja R. Dadhania
Gender-Based Religious Persecution, Pooja R. Dadhania
Faculty Scholarship
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.
The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
State Responsibility For Forced Migration, Pooja R. Dadhania
State Responsibility For Forced Migration, Pooja R. Dadhania
Faculty Scholarship
International refugee law does not hold states accountable for the forced migration they cause. Using the international law doctrine of state responsibility, this Article aims to shift the discourse on migration policy towards a state accountability approach that considers the role states play in causing forced migration. This Article uses state responsibility to explore the obligations of a state after it commits a violation of international law that results in forced migration. The general principle undergirding state responsibility is that a state should provide full reparation for harms caused by its violation of an international obligation. Applying state responsibility to …
Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson
Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson
Faculty Scholarship
Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Faculty Scholarship
The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Faculty Scholarship
Criminal legal reform and measures to reduce carceral populations have received increasing media and public policy attention nationwide. These efforts have mainly ignored a parallel development: the consistent rise in the use of immigration detention over the last decade. This Article bridges that gap by arguing that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. This argument relies on three different descriptive claims. First, much scholarly work has shown the extent to which vested interests have hampered criminal legal reform; these same interests could look to immigration detention as an alternative protection. Second, the extent …
Beyond Emissions: Migration, Prisons, And The Green New Deal, Wyatt Sassman, Danielle C. Jefferis
Beyond Emissions: Migration, Prisons, And The Green New Deal, Wyatt Sassman, Danielle C. Jefferis
Faculty Scholarship
The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden Administration has expressed support for the Green New Deal as “a crucial framework for meeting the climate challenges we face,” and the proposal has influenced the Administration’s early actions to reduce carbon emissions. How can the Green New Deal’s framework guide climate policy beyond emissions reductions, and who should be a part of …
Language Access And Due Process In Asylum Interviews, Pooja R. Dadhania
Language Access And Due Process In Asylum Interviews, Pooja R. Dadhania
Faculty Scholarship
The Department of Homeland Security does not provide interpreters to asylum applicants during their asylum interviews, instead requiring them to supply their own. This Article challenges this deprivation of language access as a procedural due process violation because it denies limited English proficient asylum seekers meaningful access to the statutorily created affirmative asylum process. The Department of Homeland Security's failure to provide interpreters can silence limited English proficient asylum seekers by depriving them of the opportunity to meaningfully present their claims. Asylum seekers, especially those who are low income or speak rare languages, face significant challenges in finding suitable interpreters. …
Yearning To Breathe Free: Migration Related Confinement In America, Danielle C. Jefferis
Yearning To Breathe Free: Migration Related Confinement In America, Danielle C. Jefferis
Faculty Scholarship
No abstract provided.
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Faculty Scholarship
This Article explores the application of the terrorism bar in immigration law to noncitizens who have participated in an independence movement. It proposes a uniform standard that immigration adjudicators can use to determine whether a foreign entity is a state in order to promote accurate applications of the terrorism bar. The terrorism bar in the Immigration and Nationality Act is broad — it can bar most forms of immigration relief, including asylum, and reaches far beyond ordinary definitions of terrorism. For example, the terrorism bar can block immigration relief for noncitizens who nonviolently supported a militia fighting for independence against …
Deporting Undesirable Women, Pooja R. Dadhania
Deporting Undesirable Women, Pooja R. Dadhania
Faculty Scholarship
Immigration law has long labeled certain categories of immigrants "undesirable." One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …
The Categorical Approach For Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania
The Categorical Approach For Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania
Faculty Scholarship
A conviction for a crime involving moral turpitude (CIMT) can result in harsh immigration penalties such as removal from the United States for noncitizens. The designation of a crime as a CIMT depends on whether moral turpitude inheres in its elements. Administrative adjudicators and federal courts have thus been using a categorical approach that focuses on the elements of a crime to determine whether it is a CIMT. Although variations in the categorical approach have developed among the circuits, the categorical approach has customarily employed two steps, both focusing on the elements of the conviction rather than the actions of …
The Life Cycle Of Immigration: A Tale Of Two Migrants, William J. Aceves, James M. Cooper, Alejandro Gonzalez, Pedro Egana Marshall
The Life Cycle Of Immigration: A Tale Of Two Migrants, William J. Aceves, James M. Cooper, Alejandro Gonzalez, Pedro Egana Marshall
Faculty Scholarship
No abstract provided.