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Articles 1 - 10 of 10
Full-Text Articles in Law
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …
The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro
The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro
The Scholar: St. Mary's Law Review on Race and Social Justice
Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future attempts. Even …
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
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.
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
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
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.
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Scholar: St. Mary's Law Review on Race and Social Justice
Following the Supreme Court’s rulings in United States v. Windsor and Hollingsworth v. Perry, it is expected that current federal laws concerning immigration, as it pertains to binational same-sex married couples, will be affected. In Windsor, the Court struck down Section Three of the Defense of Marriage Act (DOMA). The Court held the federal government could not treat same-sex couples differently from heterosexual couples. In Perry, however, the Court dismissed the case due to a lack of standing. As a consequence, Section Two of DOMA, which permits states to not recognize same-sex marriages performed in another state, remains valid. In …
Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran
Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran
The Scholar: St. Mary's Law Review on Race and Social Justice
Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests. Even though many U.S. parents and their children born abroad are …