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Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan Mar 2023

Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan

Journal Articles

America’s aging population and declining birth rates are negatively affecting the nation’s Social Security and Medicare safety nets, reducing tax revenue, and weakening the broader economy.1 Meanwhile, immigration is increasing workforce participation by expanding the number of young adults in the United States.2 Despite political setbacks, the Deferred Action for Childhood Arrivals (DACA) program exemplifies the economic and tax benefits of immigration, providing data and the impetus for a better way forward. Although not all DACA-eligible youth have registered for it, it is estimated that in 2017 alone, more than $2.2 billion in federal taxes were paid by DACA-eligible youth …


Reframing Taxigration In The Search For Tax Justice, Jacqueline Lainez Flanagan May 2021

Reframing Taxigration In The Search For Tax Justice, Jacqueline Lainez Flanagan

Journal Articles

The Search for Tax Justice is a Tax Notes State series examining the inequities inherent in state and federal taxes. In this installment, Jacqueline Laínez Flanagan, associate professor of law and director of the University of the District of Columbia’s David A. Clarke School of Law Tax Clinic, discusses tax challenges faced by immigrants and responds to myths about the undocumented taxpayer community.


Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris Jan 2021

Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris

Journal Articles

The U.S. asylum system has endured four years of systematic attack. The Trump Administration attempted to dismantle the United States’ system to protect asylum seekers through changes to case law, executive orders, presidential proclamations, internal agency guidance and sweeping regulatory changes, among other measures. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Centers for Disease Control order. This catastrophic order was not even the last in a long line of the Trump Administration’s efforts since assuming power to …


Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger Jan 2021

Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger

Journal Articles

No abstract provided.


Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger Jan 2021

Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger

Journal Articles

We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (“Survey”). Using well-established tools, such as the Copenhagen Burnout Inventory and the Secondary Stress Trauma Survey, the Survey assessed the well-being of over 700 immigration attorneys navigating the tumultuous asylum space. As the largest such study of United States attorneys to date, it is particularly timely. Between 2017 and 2021, the Trump administration’s extreme policies, sweeping regulatory changes, and Attorney General …


Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching Nov 2020

Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching

Journal Articles

This article examines persuasive statements by Presidents George W. Bush, Barack Obama, and Donald Trump involving appeals to national identity as a rhetorical foundation for anti-terrorism policy since 9/11. Their specific rhetorical methods have included the use of memorable catchphrases, alliteration, metaphorical framing, and contrast between values of the United States and those of the terrorists. President Bush focused on rallying the nation’s response against the perpetrators of the 9/11 attacks, identifying the U.S. with “freedom itself” and invoking the phrase “War on Terror.” President Obama emphasized the importance of the nation’s values while denouncing the Bush administration’s torture of …


Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman Jan 2020

Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman

Journal Articles

This article analyzes the ethical obligations for attorneys representing immigrant clients and the consequences of vicarious trauma, compassion fatigue, and burnout for the immigration bar and immigrant clients. The authors identify barriers for immigration attorneys in preventing, recognizing, and responding to vicarious trauma in themselves and colleagues and suggest practical ways that the immigration bar can and should seek to build resilience.


Withholding Protection, Lindsay M. Harris Jan 2019

Withholding Protection, Lindsay M. Harris

Journal Articles

In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …


Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris Jan 2018

Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris

Journal Articles

Between 2014 and 2017, more than 40 law schools and likely well over 1000 law students engaged in learning within immigration family detention centers. The Trump Administration’s “zero tolerance” policy and implementation of wide-scale family separation in 2018 led to increased involvement by professors and students in the constantly shifting landscape of immigration detention. As the detention of immigrant families becomes increasingly entrenched, this article hits the pause button and assesses the benefits and challenges of the various approaches to, and proposes some principles for, law student engagement in this crisis lawyering in immigration detention centers, for families, and beyond.


Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris Jan 2018

Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris

Journal Articles

This essay explores the contemporary practice of detaining immigrant women and children — the vast majority of whom are fleeing violence in their home countries and seeking protection in the United States — and the response by a diverse coalition of legal advocates. In spite of heroic advocacy, both within and outside the detention centers from the courts to the media to the White House, family detention continues. By charting the evolution of family detention from the time the Obama Administration resurrected the practice in 2014 and responsive advocacy efforts, this essay maps the multiple levels at which sustained advocacy …


Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell Jan 2018

Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell

Journal Articles

No abstract provided.


La Proteccion De Los Inmigrantes Irregulares En Los Estados Unidos Y La Libertad De Circulacion En Una 'Union Americana', Kristina M. Campbell Jan 2018

La Proteccion De Los Inmigrantes Irregulares En Los Estados Unidos Y La Libertad De Circulacion En Una 'Union Americana', Kristina M. Campbell

Journal Articles

Este artículo es una continuación y ampliación de una propuesta que formulé en 2009, y se plantea si —y cómo— los Estados Unidos pueden apartarse de su actual sistema de regulación de la inmigración punitivo, cuasi-penal y de exigencia dura de su cumplimiento. ¿Es posible para los Estados Unidos y sus vecinos acercarse a un sistema de protección de los refugiados y otros migrantes irregulares del resto de las Américas, modelado sobre el concepto de «libertad de circulación» de la Unión Europea? Si es así, ¿a qué debería parecerse dicho sistema? Permitiendo a todos los ciudadanos de una «Unión Americana» …


Sanctuary, Temporary Protected Status, And Catholic Social Teaching, Kristina M. Campbell Jan 2018

Sanctuary, Temporary Protected Status, And Catholic Social Teaching, Kristina M. Campbell

Journal Articles

The concept of sanctuary has deep roots in many religious traditions, including the Roman Catholic Church. Indeed, during the Sanctuary Movement of the 1980s, many Roman Catholic congregations in the United States provided physical sanctuary to Central American refugees fleeing the brutal wars in their countries. In more recent times, Roman Catholic Churches have participated in the “New Sanctuary Movement,” providing not only physical sanctuary to undocumented immigrants and refugees facing detention and removal by federal immigration authorities, but engaging in advocacy and activism on some of the larger questions surrounding immigration policy in the 21st century. Since initiating his …


Operation Sojourner: The Government Infiltration Of The Sanctuary Movement In The 1980s And Its Legacy On The Modern Central American Refugee Crisis, Kristina M. Campbell Jan 2017

Operation Sojourner: The Government Infiltration Of The Sanctuary Movement In The 1980s And Its Legacy On The Modern Central American Refugee Crisis, Kristina M. Campbell

Journal Articles

This Article will discuss “Operation Sojourner,” the federal government’s covert infiltration, and subsequent criminal prosecution, of persons involved in the Sanctuary Movement in the 1980s, as well as its impact on the modern Sanctuary Movement in Arizona and the Southwest occurring in response to the current Central American refugee crisis. Section I will provide an overview of the Sanctuary Movement in the 1980s, and the general religious beliefs and philosophies of those involved in the movement. Section II will discuss the genesis of Operation Sojourner by the former Immigration and Nationality Service (INS) in the early 1980s, and the criminal …


The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris Oct 2016

The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris

Journal Articles

Imagine being forced to flee your home, separated from your children, and undergoing the perilous journey to seek safety and protection in the United States. Upon arrival, you are immediately detained and questioned about your intentions. You explain that you fear for your life and seek asylum protection. You may even undergo a detailed interview with an asylum officer, who finds that you have a significant possibility of establishing asylum eligibility. You are released from detention to pursue your asylum claim in immigration court. You diligently attend check-ins with an Immigration and Customs Enforcement officer for the next two years …


From Surviving To Thriving? An Investigation Of Asylee Integration In The United States, Lindsay M. Harris Jan 2016

From Surviving To Thriving? An Investigation Of Asylee Integration In The United States, Lindsay M. Harris

Journal Articles

This article assesses the efficacy of the legal framework for asylees, individuals granted refugee status within the United States, through an examination of the human outcomes following the grant of asylum. To understand how the asylee benefits system actually functions, I conducted more than fifty field interviews with advocates, service providers, and government officials in the San Francisco Bay Area and the Washington, D.C. metropolitan area. This research fills a conspicuous gap in our understanding of what happens after the grant of asylum and reveals a number of insights about the ways in which the prevailing laws, policies, and programs …


The 'New Selma' And The Old Selma: Arizona, Alabama, And The Immigration Civil Rights Movement In The Twenty-First Century, Kristina M. Campbell Jan 2016

The 'New Selma' And The Old Selma: Arizona, Alabama, And The Immigration Civil Rights Movement In The Twenty-First Century, Kristina M. Campbell

Journal Articles

In his unfinished manuscript, “The Politics of Expulsion: A Short History of Alabama’s Anti-Immigrant Law, HB 56,” the late Raymond A. Mohl, Distinguished Professor of History at the University of Alabama at Birmingham, directly and succinctly identified the true nature of the motivations behind the passage of HB 56 in the Alabama legislature. Professor Mohl observed that “nativist fears of large numbers of ethnically different newcomers, especially over job competition and unwanted cultural change, sometimes referred to as “cultural dilution,” provided political cover for politicians who sought to control and regulate immigration within state borders, but also to push illegal …


A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell Jan 2015

A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell

Journal Articles

Beginning with the passage of its anti-immigrant “Show-Me-Your-Papers” law in April 2010, S.B. 1070, much has been written about the hostile political climate toward noncitizens in the State of Arizona specifically and the U.S.-Mexico border generally. However, the recent influx of refugees from Central America to the United States has seen a resurgence in the anti-immigrant rhetoric, which is particularly disturbing since a large percentage of the individuals fleeing violence and poverty are children. In this vein, one aspect of the genesis of S.B. 1070 and other anti-immigrant laws that have not received a great deal of attention is the …


Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell Jan 2014

Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell

Journal Articles

United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …


(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell Jan 2013

(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell

Journal Articles

n June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, 1 striking down three of the four provisions of Arizona’s notorious Senate Bill (“S.B.”) 10702 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the majority of Arizona’s attempt to regulate immigration at the state level through S.B. 1070 was impermissible, the Supreme Court let stand the most controversial section of the law, Section 2(B)—the socalled “show me your papers” provision.3 Under Section 2(B), state and local law enforcement …


Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris Jan 2012

Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris

Journal Articles

This article examines the use of country conditions experts in gender-based asylum claims, with a focus on African women and girls facing gender-based violence in their countries of origin. Using anonymous case examples from the work of the Tahirih Justice Center’s African Women’s Empowerment Project, the article explores the role of experts and the critical bridge that experts can provide in asylum claims adjudicated at the asylum office and in immigration court. A brief overview of U.S. asylum law and procedures sets the stage for a deeper look at expert evidence.


Humanitarian Aid Is Never A Crime? The Politics Of Immigration Enforcement And The Provision Of Sanctuary, Kristina M. Campbell Jan 2012

Humanitarian Aid Is Never A Crime? The Politics Of Immigration Enforcement And The Provision Of Sanctuary, Kristina M. Campbell

Journal Articles

In September 2010, the United States Court of Appeals for the Ninth Circuit reversed the federal criminal conviction of humanitarian Daniel Millis for placing water for migrants crossing the United StatesMexico border in the Buenos Aires National Wildlife Refuge.1 In 2008 Mr. Millis, an activist with the Sierra Club and the Tucson faith-based organization No More Deaths/No Mas Muertes,2 had been found guilty of “Disposal of Waste” pursuant to 50 C.F.R. § 27.94(a), in the United States District Court for the District of Arizona.3 No More Deaths, along with other faith-based organizations in Southern Arizona,4 have adopted the slogan “Humanitarian …


The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell Jan 2011

The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell

Journal Articles

When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …


Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel Jan 2010

Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel

Journal Articles

In July 2008, the Board of Immigration Appeals (BIA)1 affirmed an Immigration Judge’s (“IJ”) denial of asylum to three young Salvadoran siblings fleeing gang violence and threats. This decision affects the likelihood that other youth and their family members fleeing gang violence will gain protection in the United States. The reach of the BIA decision in Matter of S-E-G-2 stretches far beyond the facts of the actual case or gang cases in general and may shape the future of asylum based on membership in a particular social group. The BIA published Matter of S-E-G- as one of only 36 precedent …


Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell Jan 2010

Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell

Journal Articles

The first decade of the twenty-first century has been grim for immigrants to the United States—both legal and undocumented—and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a patchwork of local ordinances, statutes, and ballot initiatives ostensibly designed to do what the federal government had failed to do—regulate the flow of immigration into their cities and towns. As the economy continues to spiral downward into what may very well be the next Great …


The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell Jan 2010

The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell

Journal Articles

This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. The paper discuss how day laborers - individuals, mostly Latino men, who seek short-term employment in public fora - are routinely targeted by state and local governments, federal immigration authorities, anti-immigrant activists, and the general public as a symbol of the employment of unauthorized aliens. Even though many day laborers are lawfully present, or have authorization to work in the United States, due to the high-profile …


Measure For Measure: The Uneasy Marriage Of Tax Policy And Immigration Reform, Jacqueline Lainez Apr 2009

Measure For Measure: The Uneasy Marriage Of Tax Policy And Immigration Reform, Jacqueline Lainez

Journal Articles

The United States has deeply contradictory policies related to undocumented immigrant workers. America’s disparate immigration and tax policies include immigration directives that designate deportation proceedings for any immigrant living in the U.S. without proper authorization. Simultaneously, the government’s enforcement of its tax laws requires undocumented workers to apply for a tax identification number in order to file taxes because, as undocumented immigrants, they do not qualify for a valid Social Security Number. Additionally, undocumented workers do not qualify for Social Security benefits, but they are subject to mandatory Social Security and Medicare payroll tax withholdings on their W-2 wages. This …


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Journal Articles

South Africa receives more asylum seekers than any other country in the world.1 United Nations High Commissioner for Refugees António Guterres proclaimed, “If you look at the policy and legal statutes of South Africa, refugees enjoy one of the most advanced and progressive systems of protection in the world today.”2 Increasing numbers of women seek South Africa’s protection. In 2006, 20.2% of asylum seekers were women; a significant increase from previous years.3 Given South Africa’s prominence in the region, its handling of female asylees and gender-related persecution claims influences the adjudication of these claims regionally and even worldwide.4


Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, And Litigation Analysis, Kristina M. Campbell Jan 2007

Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, And Litigation Analysis, Kristina M. Campbell

Journal Articles

Obtaining comprehensive immigration reform is one of the most important legal issues facing the Latino community today. For the nation, virtually every family, business, and community is touched by immigration. In 2006, when millions marched for comprehensive immigration reform, prospects for federal action increased. During the summer of 2006, as the U.S. House failed to move forward to complete legislative action, frustrations by anti-immigrant activists led to a small number of cities and towns attempting to enact restrictions and prohibitions against illegal immigrants at the local level. These measures violate the Constitution, and pit neighbor against neighbor. Immigration policy must …