Law Commons^™

Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia

Master's Theses

Though Central American asylum seekers are presently hypervisible in the U.S. consciousness, this population continues to be inadequately understood or cared for. Discussion of this population often presents them as a helpless and damaged population, in need of saving, fixing, or shelter -- beyond their trauma, they cease to exist. This qualitative study utilizes first-person testimonio methodology to understand the psychological experiences of Central American migrants seeking asylum in the United States, the stressors they face, and the mental health support that can and should be provided to them. Their stories speak to a space of sociopolitical precarity in the …

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …

Case Summary: Soto-Soto V. Garland: Ninth Circuit Rules Bia Applied The Wrong Standard Of Review And Erred In Denying A Victim Of Torture Deferral Of Removal Under The Convention Against Torture, Vanessa Lee

Golden Gate University Law Review

The Ninth Circuit granted a petition for review of the Board of Immigration Appeals decision to deny a deferral of removal under the Convention Against Torture. The Board held that the Immigration Judge’s findings granting Delfina Soto-Soto relief under the convention were clearly erroneous. The Board reasoned that the judge failed to acknowledge certain facts that indicate Soto-Soto is not likely to suffer torture if sent back to her country, Mexico. On appeal, Soto-Soto argues that the Board did not apply the correct standard of review. Instead of reviewing the judge’s finding under the clear-error standard, Soto-Soto contends that the …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin

Brooklyn Law Review

Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …

The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez

Brooklyn Law Review

A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …

Answering The Call

DePaul Magazine

With a strong spirit of service, DePaul initiatives aid displaced populations in Chicago and internationally.

Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya

Refugee Law & Migration Studies Brief

No abstract provided.

The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell

Refugee Law & Migration Studies Brief

No abstract provided.

The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan

Refugee Law & Migration Studies Brief

No abstract provided.

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Letter From The Editor, Isabella Zink

Refugee Law & Migration Studies Brief

No abstract provided.

Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor

Capstone Projects and Master's Theses

Monarch Services is a non-profit organization within Santa Cruz county. The agency provides services for domestic violence, sexual assault, and human trafficking. Campos Seguros focuses on providing resources and advocacy to vulnerable populations, specifically Campesinos (farmworkers). Violence and abuse perpetrated against farm workers is an issue that demands more public attention and advocacy. Campesinos are highly vulnerable because of different contributing factors, these include immigration status, work uncertainty, and language barriers. Consequences include trauma, lack of reporting, and vulnerability to labor trafficking. Sexual abuse is highly prevalent within the agricultural realm; many employers can take advantage of Campesino’s vulnerable position. …

Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah

Journal of Law and Policy

This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …

Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla

Journal of Law and Policy

This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …

Keeping Counsel: Challenging Immigration Detention Transfers As A Violation Of The Right To Retained Counsel, Natasha Phillips

Michigan Journal of Race and Law

In 2019 U.S. Immigration and Customs Enforcement (“ICE”) incarcerated nearly 500,000 individuals. More than half of the individuals detained by ICE were transferred between detention facilities, and roughly thirty percent of those transferred were moved between federal circuit court jurisdictions. Detention transfers are isolating, bewildering, and scary for the detained noncitizen and their family. They can devastate the noncitizen’s legal defense by destroying an existing attorney-client relationship or the noncitizen’s ability to obtain representation. Transfers also obstruct the noncitizen’s ability to gather evidence and may prejudicially change governing case law. This Note describes the legal framework for transfers and their …

Transformative Immigration Lawyering, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

Movement actors have long sought expansive reforms in U.S. immigration law, but two deep-seated tendencies are obstructing those efforts: incrementalism and path dependence. This Essay recommends that law clinics counter these forces by setting ambitious goals for structural change and by equipping students with knowledge and skills needed for transformative lawyering.

Imperialism In The Making Of U.S. Law, Nina Farnia

St. John's Law Review

(Excerpt)

This Article proceeds in two parts. In Part I, “U.S. Foreign Policy as Racial Policy,” I identify the four key policy pillars of U.S. imperialism: militarism, unilateral coercive measures, foreign aid, and the deployment of the dollar. I then pivot to a brief history of U.S. imperialism in the Middle East, highlighting the geographic and racial specificities that influence the ideological and legal contours of U.S. imperialism. I end this section with an analysis of The Public Report of the Vice President’s Task Force on Combatting Terrorism (1985), which was a defining document in the making of anti-terrorism law …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

Event Invitations 2022

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

• Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

• Lindsay Nash, Associate Professor of Law, Co-Director of …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

Flyers 2022-2023

Click here to view the event invitation.

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury

University of Cincinnati Law Review

Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …

Understanding The Global Refugee Crisis [Paralegal Studies], Andrea R. Irias

Open Educational Resources

This assignment was designed to meet the criteria of the Global Learning competency and Written ability rubrics. Although it was created for the Paralegal Program, it was not made to fit one specific course as we are unsure where it fits best in the program. As we continue to experiment with placement, we have piloted this assignment in two different courses (BTP203 and BTP205) with similar results. It was designed for students to complete outside of the classroom as homework with minimal in-class instruction as the content of the assignment did not truly fit in the courses that held it …

The Intersection Of The U.S. Immigration System And Human Trafficking: A Legalized Labor Of Injustice, Stephanie Durr

Mississippi College Law Review

In order to provide a critical analysis of the structural barriers to justice faced by trafficking victims, this Comment will explore the legal framework of trafficking in the United States since 2000, discuss how that framework perpetuates trafficking, review the existing remedies available to trafficking survivors, and analyze whether the existing remedies accomplish their purported goals. Part II of this Comment details the legal framework of human trafficking, including the Trafficking Victims Protection Act and its progeny, as well as relevant case law interpreting the Act’s statutory language. Part III analytically explores how trafficking is perpetrated through temporary work visas. …

Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson

Indiana Law Journal

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …

Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson

UC Irvine Law Review

Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …

Abandonados Por Los Estados Unidos: Migrantes Venezolanos Llenan Los Vacíos En La Comunicación De La Política Migratoria, Ingrid Piña

Independent Study Project (ISP) Collection

El 12 de octubre de 2022, los Estados Unidos (los EE. UU.) cambió la política migratoria respecto a los inmigrantes venezolanos, sin previo aviso. “El nuevo proceso de control migratorio” extendió a los venezolanos la orden de salud pública debido al COVID-19, “Título 42,” que expulsa migrantes por cruzar la frontera y niega el derecho humano de solicitar asilo, y el programa humanitario“Uniting for Ukraine” por cuál han entrado refugiados de Ucrania desde abril de 2022. Efectivo inmediatamente, la nueva política puso en riesgo a los migrantes venezolanos ya en camino a los EE. UU. Entre los migrantes recientemente expulsados …

The Contradictions Of Sought Safe Havens: The Difficulty Of Immigration And Integration For Muslim Maghrébins In France, Serena Korkmaz

Independent Study Project (ISP) Collection

The purpose of this paper is to examine the effects of laïcité and government trends to the right in France affect immigration and integration policy in France as it pertains to Muslim Maghrébin migrants. To do so, I conducted interviews with five experts with experience in some facet of Muslim North African migration, followed by using secondary sources to identify current trends, policies, and practices pertaining to migrants in France. The paper is broken into five sections that build on each other to contextualize and explore how the lives of Muslim Maghrébins are affected, including historical migrant trends, laïcité as …