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Articles 1 - 25 of 25
Full-Text Articles in Law
Illegal Immigration And The Southwest Border District Courts, Thomas J. Bak
Illegal Immigration And The Southwest Border District Courts, Thomas J. Bak
Thomas J. Bak
Abstract This paper examines the increase in immigration filings in federal district courts in the southwest United States during the period from 1993 through 2005, a time when the Border Patrol and U.S. Attorneys in southern California, Arizona, New Mexico, and Texas stepped up enforcement of U.S. immigration laws. It follows the shift in the tide of immigration cases from the Southern District of California (CA,S), eastward, as successive initiatives in different Border Patrol sectors continually diverted the flow of illegal immigrants. A mathematical model is used to show the strong correlation between immigration case filings and Border Patrol staffing, …
A Call For Refuge: The Case Of Forced Marriages, Emily A. Harrell
A Call For Refuge: The Case Of Forced Marriages, Emily A. Harrell
Emily A Harrell
This case note examines the ramifications of the Second Circuit Court of Appeal’s recent decision in Gao v. Gonzalez, 440 F.3d 62 (2d Cir. 2006), holding that women who were forced into marrying within a Chinese community where forced marriage was condoned and enforceable qualified as a “particular social group” eligible for asylum within the meaning of the Immigration and Nationality Act. Gao brings into question the position of the United States and the duties owed to refugees in such circumstances. This issue is particularly significant given the demonstrated concern for human rights as manifested by the United States accession …
Statute Of Liberty?, Emily A. Harrell
Statute Of Liberty?, Emily A. Harrell
Emily A Harrell
This essay presents a brief overview of the United States’ immigration policy with respect to sponsorship laws, as well as a brief introduction to the Federal Defense of Marriage Act (DOMA) and how it has affected these laws. This essay also illustrates the extent of judicial deference toward Congress in the realm of immigration. Following this introductory material, there is a discussion of the traditional and modern view of homosexuals as pertains to immigration law. Aside from an analysis of the sponsorship laws, this essay also glances at the exigent circumstances that create loopholes for homosexuals in immigration law, such …
Regulation And Citizenship For Foreign Spouses In Taiwan―From The Perspective Of Cultural Legal Study, Shu-Chin Grace Kuo
Regulation And Citizenship For Foreign Spouses In Taiwan―From The Perspective Of Cultural Legal Study, Shu-Chin Grace Kuo
Shu-chin Grace Kuo
In this article, taking a “foreign spouse” as an issue that has made a great impact on the local marriage market, I will use the approach of Cultural Legal Study to explore how the state governs and regulates the marriage of immigrants through written law, in which I primarily focus on Immigration Law and Family Law, legal discourse and the rhetoric of legal reform regarding foreign spouses. In fact, there is one international marriage in every five newly married couples in recent years in Taiwan; most of the foreign spouses are female, and come from China, Indonesia, Vietnam, Thailand and …
Regulation And Citizenship For Foreign Spouses In Taiwan―From The Perspective Of Cultural Legal Study, Shu-Chin Grace Kuo
Regulation And Citizenship For Foreign Spouses In Taiwan―From The Perspective Of Cultural Legal Study, Shu-Chin Grace Kuo
Shu-chin Grace Kuo
In this article, taking a “foreign spouse” as an issue that has made a great impact on the local marriage market, I will use the approach of Cultural Legal Study to explore how the state governs and regulates the marriage of immigrants through written law, in which I primarily focus on Immigration Law and Family Law, legal discourse and the rhetoric of legal reform regarding foreign spouses. In fact, there is one international marriage in every five newly married couples in recent years in Taiwan; most of the foreign spouses are female, and come from China, Indonesia, Vietnam, Thailand and …
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne
Hayden Patrick O'Byrne
Within the past year or so a handful of towns around the United States have passed ordinances prohibiting undocumented aliens from renting housing. This paper explores how these ordinances are incompatible with the Federal Immigration Scheme and preempted by Federal Law.
Immigration, Anti-Terrorism Measures, And National Security: Exploring The Use Of Security Certificates Under Canada’S Immigration And Refugee Protection Act (Irpa), Kamaal Zaidi
Kamaal Zaidi
In the wake of the 9-11 attacks, several nations have introduced security legislation in various forms that affected their immigration system. Security certificates are administrative tools designed to safeguard the national security of Canada by detaining individuals suspected of having links to terrorism or other forms of serious criminality. This form of detention has provided few due process rights for accused non-citizens, forming the basis of much criticism. In addressing this concern, the judiciary (through the Supreme Court of Canada and Federal Courts) has recognized the lack of due process protections afforded to these individuals, particularly in the context of …
Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott
Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott
Natalie Prescott
The Article discusses potential problems employers across the nation face when hiring, promoting, or employing foreign workers. It gives practical advice to employers on how to prevent discriminatory practices and avoid discrimination lawsuits and penalties and serves as an abbreviated employer's manual to immigration law.
English Only At Work, Por Favor, Natalie Prescott
English Only At Work, Por Favor, Natalie Prescott
Natalie Prescott
Whether or not employees can be required to speak only English at work is a very delicate question. This issue has caused considerable disagreement among courts and legal scholars and gained greater prominence in 2006, when the Tenth Circuit Court of Appeals created a circuit split by allowing for the possibility that an English-only rule may violate Title VII. Some scholars have attempted to address the legality of an English-only rule, mostly arguing that the rule violates Title VII. This Article, however, explains why Title VII does not apply to an English-only rule. The Article addresses a wide range of …
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Cheryl L. Torralba
I wrote my comment on the constitutional issues concerning the Illegal Immigration Relief Act (IIRA) that was passed in Hazleton, PA on July 13, 2006. This act penalizes landlords and employers that hire or lease housing to illegal immigrants leading to constitutional violations to the Latino-American community and mixed status families of Hazleton. First, I discuss the Fourteenth Amendment Equal Protection violations that the IIRA implies since it is too overbroad and is not narrowly tailored enough to serve a compelling government interest. Second, I argue that the IIRA violates the procedural due process rights of suspected illegal immigrants because …
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean C. Riordan
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean C. Riordan
Sean C Riordan
The Military Commissions Act of 2006 (MCA) has potentially far-reaching negative implications for the liberties of aliens in the United States. This article examines the new military commissions as a parallel scheme for the preventative incapacitation of alleged alien terrorists and terrorist supporters. It finds that a broad group of aliens in the United States perceived to threaten national security could be subject to military commission jurisdiction and deprived of adequate protections against indefinite detention and unjust conviction. This finding is illustrated through two hypothetical domestic military commission cases taken from recent immigration and criminal decisions. In light of the …
The Privatization Of Immigration Law Enforcement, Huyen T. Pham
The Privatization Of Immigration Law Enforcement, Huyen T. Pham
Huyen T. Pham
In the immigration policy debate, the question of who enforces our immigration laws can be as significant as what those policies are. And on that question, a significant and startling trend in immigration law has emerged: the shifting of enforcement responsibilities once held exclusively by government officers to private parties such as employers, landlords, and public carriers. These laws obligate private parties to ensure that they provide their goods and services only to those with legal immigration status; private parties who fail to do so face civil and criminal penalties. This article maps the expansion of private enforcement laws and …
Global Justice And Trade: A Surprising Omission, Jonathan Klick, Fernando Teson
Global Justice And Trade: A Surprising Omission, Jonathan Klick, Fernando Teson
Jonathan Klick
Economists generally agree that free trade leads to economic growth. This proposition is supported both by theoretical models and empirical data. Further, while the empirical evidence is more limited on this question, the general consensus among economists holds that trade restrictions are likely to hurt the poor. Even if the latter consensus turns out to be wrong, if free trade leads to superior growth, governments would have more resources to redistribute to the poor. It is surprising then that philosophers and human rights scholars do not advocate liberalizing trade as a way to improve the welfare of the poor as …
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
Leticia M. Saucedo
This article suggests a theoretical and analytical framework for rethinking the causes of and remedies for workplace segregation. Taking lessons from civil rights and women’s rights struggles to eradicate segregated workplaces through existing anti-discrimination frameworks, it reviews the historical paradigm approaches to segregation, and their limited ability to eradicate segregation completely, as is evident in the continued existence of workplace segregation. Despite public perceptions to the contrary, segregated workplaces exist in greater numbers today, mostly because of the influx of newly arrived immigrant workers in low-wage industries throughout the country. These “brown collar” workplaces provide a good testing ground for …
Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum
Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum
Brian G. Slocum
There is a fundamental dichotomy in immigration law. On one hand, courts have consistently maintained that Congress has “plenary power” over immigration and reject most constitutional challenges on that basis. On the other hand, courts frequently use canons of statutory construction in an aggressive fashion to help interpret immigration statutes in favor of aliens. Immigration scholars have almost exclusively focused on the plenary power doctrine. They have either ignored the important role that canons have played in immigration law or have viewed canons as serving only a temporary and marginally legitimate role as substitutes for the lack of constitutional rights …
Blackwater And The Privatization Of Immigration Control, Robert E. Koulish
Blackwater And The Privatization Of Immigration Control, Robert E. Koulish
Robert E. Koulish
This paper documents the privatization of immigration control being led by the Blacwater Inc. invasion of the border. Preety much the same time that Iraqi Prime Minister Maliki said he would expel Backwater from Iraw, Salon Magazine documented that Blackwater was headed to the US-Mexico Border. I argue that Blackwater symbolizes the privatization of immigration control as well as a larger integration of immigration control with what Klein refers to as a post 9/11 neo-liberal economic shock doctrine. The paper focuses on how the Courts have participated in in the phenomenon through "non-decision," with a focus on the patriot act, …
Immigration Law Spanish-Style: A Study Of The Regularización Of Undocumented Workers In Spain, Maria P. Lopez
Immigration Law Spanish-Style: A Study Of The Regularización Of Undocumented Workers In Spain, Maria P. Lopez
Maria Pabon Lopez
In 2005, Spain undertook what the New York Times called “an immigration experiment worth observing.” What this country did was called a regularización, a process of legalization of irregular immigrants. This process granted immigration amnesty to undocumented workers in the country who could meet certain statutory requirements. This is the legal process is studied in detail in this article. After discussing the background and history of Spain regarding labor immigration, Professor López analyzes the situation regarding undocumented workers in Spain, the hardships faced by immigrants coming in and the problems created for Spain by the immigrants’ arrivals. She then examines …
Curbing Day Laborers: Anti-Solicitation Ordinances, Commercial Speech, And Hiring Centers. A User's Guide To Protecting Municipalities From Day Labor-Related Lawlessness And Litigation, Jon D. Feere
Jon D Feere
As Americans across the country become increasingly frustrated by continuous violations of immigration laws, many legal groups aimed at suing city, state, and federal governments have been created with the hope that increased pressure will result in increased enforcement. Laws not originally designed to specifically address immigration issues, such as the Racketeer Influenced and Corrupt Organizations Act (RICO), and basic laws of trespass are being used by the public to creatively fight immigration violations. At the same time, state and local governments are also discovering a need to act creatively in managing the massive increase of illegal immigrants moving into …
Border Vigilantism And Comprehensive Immigration Reform, Christopher J. Walker
Border Vigilantism And Comprehensive Immigration Reform, Christopher J. Walker
Christopher J. Walker
While many actors and conditions contribute to the problems at the border, one set of actors has been unexplainably missing from the literature and policy analysis: border vigilantes. These vigilantes have painted the border as a dangerous locus of criminal and terrorist activity, necessitating concerned citizen sentinels. They have blitzed the public with portrayals about the number of migrants crossing the border illegally and the need for law enforcement to increase border protection. Their message is powerful because they back their rhetoric with action: these individuals camp out near popular desert border-crossing points, document the rate of undocumented migration, and …
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
David M. Smolin
This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.
Alone And Ignored: Unaccompanied Alien Children Seeking Asylum In The United States, Canada And Australia, Ani E. Ajemian
Alone And Ignored: Unaccompanied Alien Children Seeking Asylum In The United States, Canada And Australia, Ani E. Ajemian
Ani E Ajemian
The United States, Canada and Australia have enacted asylum legislation comporting with the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees. Each of these three countries has also signed onto the United Nations Convention on the Rights of the Child, although only Canada has completed ratification. The asylum legislation in place applies equally to child applicants, yet under a standard meant for adults. This misapplication requires children to articulate their claim as intelligently as an adult, seek their own counsel, and often be detained with adults and sometimes criminals in the …
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Bernard Trujillo
No abstract provided.
Counterproductive And Counterintuitive Counterterrorism: The Post-September 11 Treatment Of Refugees And Asylum Seekers, Marisa Cianciarulo
Counterproductive And Counterintuitive Counterterrorism: The Post-September 11 Treatment Of Refugees And Asylum Seekers, Marisa Cianciarulo
Marisa S. Cianciarulo
This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil). Almost immediately after the September 11 terrorist attacks, the United States implemented a refugee resettlement moratorium that resulted in lengthy delays and the failure to resettle thousands of refugees previously cleared to enter the United States. Several years later, on May 11, 2005, Congress passed …
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the …
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin
David M. Smolin
Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction, fraud, or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become …