Law Commons^™

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 …

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.

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

Life of the Law School (1993- )

No abstract provided.

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 …

Is There A Future For Arrivecan At The Land Border?, Andrzej Jakubowski, Laurie D. Trautman

Border Policy Research Institute Publications

The outbreak of the COVID-19 pandemic led to the introduction of a number of restrictions as governments around the world sought to implement border management tools that could protect public health. One such example was the ArriveCAN app, introduced by the Government of Canada in November 2020. This advanced data submission tool aimed to reduce the spread of COVID-19 by ensuring arrivals were vaccinated and by facilitating contact tracing. This Border Policy Brief provides a summary of the nearly two-year use of ArriveCAN as a border management tool during the pandemic. We consider its impact on passenger flows through the …

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 …

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 …

Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes

Shorter Faculty Works

Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.

Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.

Regional Immigration Enforcement, Fatma Marouf

Faculty Scholarship

Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities. The Article then provides an empirical analysis demonstrating enormous variations in how Immigration and Customs Enforcement’s twenty-four field offices engage in federal enforcement around the United States. By analyzing data related to detainers, arrests, removals, and detention across these field offices, the Article demonstrates substantial differences between field offices located in sanctuary and anti-sanctuary regions, as well as …

An Ngo Alternative Report For The Un Committee On The Elimination Of Racial Discrimination, Lonita Benson, Sarah Diaz, Katherine Kaufka Walts, Meghan Scholnick

Center for the Human Rights of Children

No abstract provided.

The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs

Center for the Human Rights of Children

No abstract provided.

The Nebraska Criminal Law Practitioner’S Guide To Representing Non-Citizens In State Court Proceedings, 2022 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

I promised myself after I did the long-overdue 2021 revisions to this Guide that I would try my dead level best to do annual updates. Here are the 2022 updates to my Guide.

The updates are not as major as the 2021 updates were. Nevertheless, there have been several important developments to the area of crimmigration law since last year, and I have incorporated those changes into this year’s version of my Guide. Additionally, my thinking continues to evolve on various issues, and this year’s version of the Guide includes that ongoing analysis. Finally, my faithful proofreaders/editors, Deanna Lubken and …

Research Handbook On The Law And Politics Of Migration [Book Review], Nicholas Norton

Cornell Law Librarians' Publications

No abstract provided.

Assessing The Contribution Of Immigrants To Canada's Nursing And Health Care Support Occupations: A Multi-Scalar Analysis, Rafael Harun, Margaret Walton-Roberts

Social Work and Urban Studies Faculty Research

Background

The World Health Organization adopted the Global Strategy on Human Resources for Health Workforce 2030 in May 2016. It sets specific milestones for improving health workforce planning in member countries, such as developing a health workforce registry by 2020 and ensuring workforce self-sufficiency by halving dependency on foreign-trained health professionals. Canada falls short in achieving these milestones due to the absence of such a registry and a poor understanding of immigrants in the health workforce, particularly nursing and healthcare support occupations. This paper provides a multiscale (Canada, Ontario, and Ontario’s Local Health Integration Networks) overview of immigrant participation in …

Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross

Honors Scholar Theses

Scholarly work and media coverage both point to the negative effect that the rhetoric and policy of former US President Donald Trump had on the lived experience and wellbeing of immigrant groups explicitly targeted by it (i.e., the “Trump effect”). Typically, the focus has been on Muslim and Latino immigrants as well as those less-explicitly targeted but still affected by Trump-era policies, such as temporary workers. This thesis explores whether Black immigrants from the English-speaking Caribbean, a group notably missing from the literature of “Trump effects” on immigrant experiences, experienced similar attitudinal or practical effects as a result of contemporary …

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf

Faculty Scholarship

The Supreme Court has never directly addressed whether, or under what circumstances, a writ of habeas corpus may be used to challenge the conditions of detention, as opposed to the fact or duration of detention. Consequently, a circuit split exists on habeas jurisdiction over conditions claims. The COVID-19 pandemic brought this issue into the spotlight as detained individuals fearing infection, serious illness, and death requested release through habeas petitions around the country. One of the factors that courts considered in deciding whether to exercise habeas jurisdiction was whether alternative remedies exist, through a civil rights or tort-based action. This Article …

2021 Annual Report, University Of Maine School Of Law

Cumberland Legal Aid Clinic Annual Report

• Program Overview 3
• General Practice Clinic 5
• Prisoner Assistance Clinic 6
• Juvenile Justice Clinic 7
• Refugee and Human Rights Clinic 10
• Protection from Abuse Program 12
• Clinic Staffing 13

Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon

Articles & Chapters

No abstract provided.

Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell

Student Publications

The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …

Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim

Faculty Publications

The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.

In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …

The Right To Remain, Timothy E. Lynch

Faculty Works

No abstract provided.

A Comparative Perspective On Safe Third And First Country Of Asylum Policies In The United Kingdom And North America: Legal Norms, Principles And Lessons Learned, Susan M. Akram, Elizabeth Ruddick

Faculty Scholarship

Wealthy refugee-receiving countries across the global north have recently been experimenting with systems that they believe will allow them lawfully to remove or turn back asylum-seekers reaching their borders, without considering their claims for international protection. These include the Trump administration's Asylum Cooperation Agreements (ACAs), the United Kingdom's Nationality and Borders Act, and the recent amendments to Denmark's Aliens Act that will allow asylum-seekers to be transferred to third countries for processing. Although these systems have many important differences, they rest on a shared premise that neither the Refugee Convention nor international, regional or domestic human rights laws prohibit such …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson

Faculty Scholarship

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: …

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania

Faculty Scholarship

The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Faculty Publications

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …

Latinxs Reshaping Law & Policy In The U.S. South, Luz E. Herrera, Pilar M. Hernández-Escontrías

Faculty Scholarship

This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this gap in legal research, this article provides an overview of the major law and policy challenges and opportunities for Latinxs in this U.S. region. Part II examines the geopolitical landscape of the South with special focus on the enduring legacy of Jim …

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …