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Articles 1 - 7 of 7
Full-Text Articles in Law
Inventing Deportation Arrests, Lindsay Nash
Inventing Deportation Arrests, Lindsay Nash
Articles
At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones
Articles
No abstract provided.
Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith
Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith
Articles
The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …
International Digital Nomads: Immigration Law Options In The United States And Abroad, Scott Titshaw
International Digital Nomads: Immigration Law Options In The United States And Abroad, Scott Titshaw
Articles
Remote work has become common, allowing many people to choose to work anywhere with an adequate internet connection. Some are adopting a “digital nomad” lifestyle, moving with the seasons or years from place to place, including foreign locations. Yet, such international movement raises immigration and other legal issues. Many countries have adopted specific digital nomad visas and other immigration policies to encourage and regulate this trend. The United States is not one of them. Arguing that the United States should consciously plan for digital nomads, this article compares the current U.S. approach with the innovations of other countries, identifying the …
Due Process Deportations, Angelica Chazaro
Due Process Deportations, Angelica Chazaro
Articles
Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded counsel for immigrants would improve due process and fairness, as well as make immigration enforcement more efficient. This Article argues the opposite: Federally funded counsel is the wrong goal. The majority of expulsions of immigrants now happen outside immigration courts— and thus are impervious to immigration lawyering. Even for those who make it …
“What Is A City But Its People”*: Commentary On “Migration And Peripheral Urbanization: The Case Of The Metropolitan Zone Of The Valley Of Mexico” By Raúl Delgado Wise, Francisco Caballero Anguiano And Selene Gaspar Olvera, Rebecca Sharpless
Articles
This commentary centres on themes of conquest, globalization, and inequality and argues that the article Migration and Peripheral Urbanization: The Case of the Metropolitan Zone of the Valley of Mexico can be understood as suggesting prescriptions for forward-looking socio-economic and migration policy. The article’s authors focus on the effects of neoliberalism on the Metropolitan Zone, explaining how globalization has dismantled domestic markets in the global South and triggered both internal and cross-border migration. In the phenomenon the authors dub “peripheral urbanization”, poor people now live in the periphery of the city, having been priced out of the city centre. Assuming …