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Full-Text Articles in Law

If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson Apr 2021

If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson

Et Cetera

The Trump Presidency left an indelible mark on the U.S. immigration system. From extreme enforcement practices to unconstitutional policies, the vast power of the executive branch and the underutilized strength of the judicial branch was thrust into a harsh light. The failure of lower courts to adequately understand and apply the narrow construction of jurisdiction-limiting statutes created unjust and absurd results on a number of issues, from the targeting of immigration activists for enforcement actions to the so-called Migrant Protection Protocols. The consistent application of Supreme Court precedent allowing for Federal jurisdiction in this area remains absolutely necessary to right …


Sí, Tengo Miedo--Yes, I Am Afraid: How The Current Interpretation Of Asylum Law Is Contrary To Legislative Intent And What The Courts Should Do About It, Chelsea Mullarkey Jun 2016

Sí, Tengo Miedo--Yes, I Am Afraid: How The Current Interpretation Of Asylum Law Is Contrary To Legislative Intent And What The Courts Should Do About It, Chelsea Mullarkey

Cleveland State Law Review

This Note examines the current interpretation of asylum law and its misapplication when it comes to Central American asylees. Migrants from Central America who are escaping gang violence have long been neglected and overlooked. Thousands of them make the long and arduous journey to the United States borders only to be deported back to the violence they have been trying to escape. This Note first examines the history of refugee law in the United States and the recent actions taken in an attempt to stem the flow of Central American migrants into this country. This Note then demonstrates that Central …


Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer Jan 2015

Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer

David Barnhizer

Table of Contents Death of the “Melting Pot” The Rejection of Assimilation and the Rise of “Identity Sects” Western Europe and the US Face Significant Challenges to Their Creeds and Cultures The Radicalizing Search for Identity and Meaning The Velocity, Scale and Difference of Migrant Entry Into Dissimilar Cultures Assimilation Is Not Easy Under the Best of Circumstances ISIS, al-Qaeda and The Old Man of the Mountain What Are the Creedal Values For Which Western Nations Should Expect Commitment from Immigrants and Citizens? “Warning! Do Not Approach!” Beyond Non-Assimilation to Cultural Transformation The Right to Preserve a “Cultural Ecosystem” The …