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

Law Commons

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

Articles 1 - 26 of 26

Full-Text Articles in Law

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales Jan 2023

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales

CMC Senior Theses

Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …


Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas Dec 2022

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 …


Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate May 2022

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.


The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson Apr 2022

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

The Scholar: St. Mary's Law Review on Race and Social Justice

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …


Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell Apr 2022

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 …


'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino Jan 2022

'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino

Theses and Dissertations (Comprehensive)

While there are several studies that highlight the quantitative and statistical profiles of internationally educated nurses (IENs) from the Philippines who migrate to countries throughout Asia, the Middle East, Europe, the United States and Canada, there is little research that delves deeply into the qualitative review and analysis of their experiences in their own words. This study addresses that gap by applying the transnational feminist concept of “global care chains” in a single case study design that explores the experience of nurses who migrated to Ontario through permanent and temporary immigration streams and were interviewed in 2011 to 2012 to …


Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson Jan 2022

Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson

University of Colorado Law Review

The following work contains three monologues from Motus Theater's UndocuAmerica Project, which aims to interrupt dehumanizing portrayals of immigrants by encouraging thoughtful engagement on the challenges faced by undocumented communities and the assets immigrants bring to our country. The monologues were created in a collaboration between leaders with DACA status and Motus Theater Artistic Director Kirsten Wilson during a seventeen-week autobiographical- monologue workshop. All three pieces were presented in a virtual performance on April 8, 2021, as an introduction to the 29th Annual Rothgerber Conference.


The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix Oct 2021

The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix

Social Justice Week

A presentation about the human rights violations taking place at the southern border against Haitian immigrants and how this situation fits into a long history of anti-Black immigration policies in the United States.


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman Jun 2021

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones May 2021

Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones

University Scholar Projects

The African Diaspora represents vastly complex migratory patterns. This project studies the journeys of English-speaking Afro-Caribbeans who immigrated to the US for economic reasons between the 1980s-present day. While some researchers emphasize the success of West Indian immigrants, others highlight the issue of downward assimilation many face upon arrival in the US. This paper explores the prospect of economic incorporation into American society for West Indian immigrants. I conducted and analyzed data from an online survey and 10 oral histories of West Indian economic migrants residing in the Greater Hartford Area to gain a broader perspective on the economic attainment …


It Is Time To Get Back To Basics On The Border, Donna Coltharp Oct 2020

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz May 2020

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk Nov 2018

Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …


A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou Oct 2018

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …


North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir Sep 2018

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined …


European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis Sep 2018

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon Aug 2018

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Workers, Families, And Immigration Policies, Shannon Gleeson Feb 2018

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …


Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina May 2017

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma May 2017

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman May 2017

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez May 2017

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


November Roundtable: Multiculturalism And Integration Introduction Nov 2010

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010


Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet Nov 2010

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …


Citizenship, Rights, And Culture, Alison Brysk Nov 2010

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.


European Identity Struggles In The Age Of Austerity, Par Engstrom Nov 2010

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …