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Articles 1 - 30 of 90
Full-Text Articles in Law
Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson
Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson
Gastón Institute Publications
The 2000 U.S. Census brought confirmation of the increase of the Latino population and of the growing diversity of Latino national groups that now make this region their home. Latinos now number 428,729, a 55% increase over their numbers in 1990. In 30 years, the Latino population has increased six-fold, and from its initial concentrations in Springfield, Holyoke, and Boston its presence is now a fact across the Commonwealth.
Massachusetts Latinos are also showing increasing diversity, matching that of the Northeast region and exceeding that of the nation. At the national level, Mexicans have a dominance that dwarfs all other …
Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury
Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury
American University Law Review
No abstract provided.
Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family
Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family
Jill E. Family
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
ExpressO
In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …
In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith
ExpressO
No abstract provided.
Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes
ExpressO
Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.
I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.
This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,
The first to enumerate proposals for enhancing victim protection measures,
The first to identify how enhancing victim protection will …
Homeland Security Policy: Deportment On Deportation, Ibpp Editor
Homeland Security Policy: Deportment On Deportation, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on the appropriateness of deporting illegal aliens in support of homeland security policy.
Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis
Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis
University of Michigan Journal of Law Reform
In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.
Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the …
On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff
On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff
University of Michigan Journal of Law Reform
The H-1B program authorizes non-immigrant visas under which skilled foreign workers may be employed in the U.S., typically in computer-related positions. Congress greatly expanded the program in 1998 and then again in 2000, in response to heavy pressure from industry, which claimed a desperate software labor shortage. After presenting an overview of the H-1B program in Parts II and III, the Article will show in Part IV that these shortage claims are not supported by the data. Part V will then show that the industry's motivation for hiring H-lBs is primarily a desire for cheap, compliant labor. The Article then …
Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman
Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman
University of Michigan Journal of Law Reform
This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.
This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …
The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock
The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock
University of Michigan Journal of Law Reform
Resettlement in the US. bestows a life changing benefit on thousands of overseas refugees. Because American refugee acceptance can never reach more than a tiny fraction of the world's millions of persecuted or oppressed, however, allocating this bounty requires the US. to choose the lucky few from the worthy many. Since the creation in 1980 of a permanent program of refugee resettlement, three different, and often conflicting, purposes have contended for its trove of immigration-like admissions slots. These are the removal of people from danger or hardship, the furtherance of a cluster of foreign policy objectives, and the facilitation of …
Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia
Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia
University of Michigan Journal of Law Reform
Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back pay …
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
University of Michigan Journal of Law Reform
For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however. …
Foreign Nationals: Phila.’S Untapped Resource, Jill Family
Foreign Nationals: Phila.’S Untapped Resource, Jill Family
Jill E. Family
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
Notre Dame Lawyer - Spring 2003, Notre Dame Law School
Notre Dame Lawyer - Spring 2003, Notre Dame Law School
Notre Dame Lawyer
No abstract provided.
Categorical Approach Or Categorical Chaos? A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. § 16, Timothy M. Mulvaney
Faculty Scholarship
This Note addresses whether felony DWI constitutes a crime of violence for purposes of deportation. Part II of this Note surveys Congress's broad power over immigration and the government's role in deportation. Part III identifies the standard categorical approach to felony DWI offenses employed by both the courts and the Board of Immigration Appeals (BIA) in removal proceedings and analyzes the various conclusions that the courts have reached when interpreting a "crime of violence" under 18 U.S.C. § 16(b). Part IV evaluates an apparent departure from the implementation of this categorical approach in Dalton v. Ashcroft, proposing that this departure …
What Foreign Students Fear: Homeland Security Measures And Closed Deportation Hearings, D. Ray Mantle
What Foreign Students Fear: Homeland Security Measures And Closed Deportation Hearings, D. Ray Mantle
Brigham Young University Education and Law Journal
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
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.
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
All Faculty Scholarship
The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Faculty Publications
Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
Faculty Scholarship
No abstract provided.
Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales
Scholarly Works
This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …
Family Unity And Refugee Protection, Kathryn Jastram
Family Unity And Refugee Protection, Kathryn Jastram
Kate Jastram
No abstract provided.
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Journal Articles
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Journal Articles
The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Journal Articles
The purpose of this article is to share some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between birthright and naturalized citizens in the Presidential Eligibility Clause.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
Journal Articles
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Journal Articles
Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …