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Articles 1 - 16 of 16
Full-Text Articles in Law
Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan
Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan
William & Mary Journal of Race, Gender, and Social Justice
The United States is currently in the midst of a “third wave of potential pretrial detention reform.” And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention …
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
William & Mary Journal of Race, Gender, and Social Justice
The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card holders in …
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders
Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
William & Mary Journal of Race, Gender, and Social Justice
The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …
The Continuing Legacy Of The National Origin Quotas, Angela M. Banks
The Continuing Legacy Of The National Origin Quotas, Angela M. Banks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Mail Order Feminism, Marcia Zug
Mail Order Feminism, Marcia Zug
William & Mary Journal of Race, Gender, and Social Justice
This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of men …
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw
William & Mary Journal of Race, Gender, and Social Justice
An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the growing number of U.S. states and foreign countries that recognize same-sex marriage. The Defense of Marriage Act (DOMA), which defines “marriage” for all federal purposes as an exclusively heterosexual institution, stands squarely in their way. Reform options that would …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
William & Mary Journal of Race, Gender, and Social Justice
In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers of undocumented persons are being taken into custody by federal immigration officials. She examines the plight of women and families held in detention centers under what are often deplorable conditions. Ironically, immigration detention centers offer fewer resources than those available in most state prisons. The immigration law judicial system …
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.