Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney
Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney
Brigham Young University Prelaw Review
The Flores Settlement Agreement allows for asylum-seeking minors to be released from detention if the minors are in unsafe circumstances. Children are experiencing physical and mental harm in asylum-seekers’ detention. This harm constitutes a lack of safety. Therefore, the current conditions of detention for asylum-seekers violate the Flores Settlement Agreement.
The Battle Of Birthright Citizenship, Joshua White
The Battle Of Birthright Citizenship, Joshua White
Brigham Young University Prelaw Review
This article examines the legal case behind denying birthright citizenship to the children of illegal aliens born on U.S. territory and thereby correcting the present interpretation of the Citizenship Clause. Currently, children of illegal aliens born on U.S. territory are automatically granted citizenship jus soli. This removes the sovereignty of the American citizen by supplanting the citizen with an illegal alien in determining who can become citizens of the United States. To resolve this problem, Congress must enact legislation specifically restricting birthright citizenship from children of illegal aliens. While other articles focus on the morality of accepting refugees or illegal …
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Brigham Young University Prelaw Review
This article argues that state-produced immigration law can be a more effective method of regulating immigration when compared with current federal regulation. Currently, regulation as controlled by the federal government supersedes any laws created at the state level and subjects those laws produced by states to extensive review by the courts. The article proposes that immigration law should follow a business-law model when regulating immigration on a state level and discusses how the Immigration Reform and Control Act of 1986 needs to be reinterpreted. The article then describes three ways this change in immigration law could be implemented and confers …