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History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul
Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul
University of Massachusetts Law Review
This Article discusses the effect of the Hoffman Plastic Compounds decision on backpay as a remedy for illegal immigrants who sue their employers for lost wages. When Congress passed the Immigration Reform and Control Act of 1986 (“IRCA”), it believed it struck at the heart of illegal immigration: the search for employment in the United States. However, the IRCA did not accomplish its stated purpose. In 2002, the Supreme Court ruled that lost wages and backpay were not available as remedies to an employee who obtained a job through IRCA violation and later tried to sue his/her employer. The decision …