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Articles 1 - 30 of 87
Full-Text Articles in Law
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip
Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip
Master's Projects
There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.
The Immigration …
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Rick Su
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …
Police Discretion And Local Immigration Policymaking, Rick Su
Police Discretion And Local Immigration Policymaking, Rick Su
Rick Su
Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …
Immigration As Urban Policy, Rick Su
Immigration As Urban Policy, Rick Su
Rick Su
Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …
Local Fragmentation As Immigration Regulation, Rick Su
Local Fragmentation As Immigration Regulation, Rick Su
Rick Su
Immigration scholars have traditionally focused on the role of national borders and the significance of nation-state citizenship. At the same time, local government scholars have called attention to the significance of local boundaries, the consequence of municipal residency, and the influence of the two on the fragmentation of American society. This paper explores the interplay between these two mechanisms of spatial and community controls. Emphasizing their doctrinal and historic commonalities, this article suggests that the legal structure responsible for local fragmentation can be understood as second-order immigration regulation. It is a mechanism that allows for finer regulatory control than the …
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Teresa A. Miller
This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Teresa A. Miller
Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
Teresa A. Miller
This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Carol Pauli
If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Immigrants Benefit The Community And Economy, Jenny Minier
Immigrants Benefit The Community And Economy, Jenny Minier
Center for Equality and Social Justice Position Papers
Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …
The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa
The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa
Dissertations, Theses, and Capstone Projects
Intense demand for cheap labor in the United States has resulted in a widespread effect of employing high skilled immigrants in STEM fields. Examining how companies use high-skilled visa categories to create a flexible cheaper immigrant workforce, this paper demonstrates that skilled immigrants from Asia are being exploited through neutral skills-based criteria that are de facto racially biased. The purpose of this paper is to raise awareness of how, from the perspective of law and society, skills-based immigration works primarily to benefit the technological industry rather than skilled immigrants.
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
Pepperdine Law Review
In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The young …
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
University of Massachusetts Law Review
In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …
Alternatives To Immigration Detention, Fatma E. Marouf
Alternatives To Immigration Detention, Fatma E. Marouf
Faculty Scholarship
The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.
Embracing Immigrants Is A Religious Imperative, Christopher R. Fee
Embracing Immigrants Is A Religious Imperative, Christopher R. Fee
English Faculty Publications
I’m an English professor, and in leftist intellectual circles it’s often considered somewhat unsophisticated and definitely uncool to argue in favor of traditional religious beliefs. However, as the clerk of a tiny Quaker Meeting in a farming community in rural Pennsylvania, I feel led to do so in the context of the debate about immigration. I would submit that Scripture is explicit in its requirement that we accept and embrace the immigrants in our midst, and note that Leviticus (19:34) makes no mention of legal status. (excerpt)
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Proving Identity, Jonathan Weinberg
Proving Identity, Jonathan Weinberg
Pepperdine Law Review
United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South, Chinese immigrants, …
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
Maryland Law Review
No abstract provided.
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Angela D. Morrison
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and undermines the enforcement of …
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
John C. Eastman
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy
Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy
Northwestern Journal of Law & Social Policy
No abstract provided.