Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Policy Making, Decision Making, And Advocacy: The U.S. Asylum System Since 9/11, Clara Jergins Jan 2024

Policy Making, Decision Making, And Advocacy: The U.S. Asylum System Since 9/11, Clara Jergins

Honors Projects

Immigration justice advocates and immigration restrictionists alike are unhappy with the way that the U.S. asylum system functions. This project seeks to develop a better understanding of policy changes and the politicized influence of the president and executive authorities over the asylum system since 9/11—in particular, these individuals’ ability to implement their policy preferences through the hiring and instruction of Asylum Officers and Immigration Judges. Through case studies of nonprofit organizations, it identifies the key points in the asylum process where asylum has been restricted, and the ways in which these restrictions can be responded to. On the basis of …


Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt May 2022

Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt

Honors Projects

Immigration removal proceedings suffer from a lack of procedural due process protections for non-citizens facing deportation charges. This research examines constitutional due process framework, what it entails, and how it is to be fairly applied to non-citizens in the United States. Special attention is paid to ways the immigration court system is subject to unjust and biased procedures that make it difficult for immigrants to succeed in their removal cases. The main focus of this study is on the importance of direct legal representation in removal proceedings to support non-citizens and keep courts accountable for upholding the due process of …


Linguistic And Cultural Training For Immigration Attorneys Representing Undocumented Oaxacan Immigrants In The United States., Alexis Faith Ecarma May 2022

Linguistic And Cultural Training For Immigration Attorneys Representing Undocumented Oaxacan Immigrants In The United States., Alexis Faith Ecarma

College of Arts & Sciences Senior Honors Theses

The roles of second language acquisition and cultural competence in the training of attorneys have been explored by legal scholars and law professors. Some suggest that such training ought to be administered to law students as a component of their law school curricula. Others argue that, in an increasingly globalized legal field, “experiential learning” is essential for developing linguistically-proficient and culturally-competent lawyers. Despite the growing presence of undocumented Oaxacan immigrants in the U.S., scholars have yet to investigate the linguistic and cultural training of U.S. immigration attorneys who represent these immigrants in legal contexts. The following research fills this gap …


An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos May 2021

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …


The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez Jan 2019

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 …


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos May 2018

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …