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Articles 1 - 30 of 31
Full-Text Articles in Law
The Myth Of The Great Writ, Leah M. Litman
The Myth Of The Great Writ, Leah M. Litman
Articles
Habeas corpus is known as the “Great Writ” because it supposedly protects individual liberty against government overreach and guards against wrongful detentions. This idea shapes habeas doctrine, federal courts theories, and habeas-reform proposals.
It is also incomplete. While the writ has sometimes protected individual liberty, it has also served as a vehicle for the legitimation of excesses of governmental power. A more complete picture of the writ emerges when one considers traditionally neglected areas of public law that are often treated as distinct—the law of slavery and freedom, Native American affairs, and immigration. There, habeas has empowered abusive exercises of …
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Faculty Scholarship
President Biden has continued the controversial immigration policy of the Trump era known as Title 42, which has caused harm and suffering to scores of asylum seekers under the guise of public health.1 The Centers for Disease Control and Prevention (CDC) ordered the policy in March 2020 with the stated purpose of limiting the spread of the coronavirus into the U.S.; though, CDC and public health officials have admitted this policy has no scientific basis and there is no evidence it has protected the public.2,3 Instead, the impetus behind the policy appears to be a desire to keep out or …
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
Social Justice Week
A presentation about the human rights violations taking place at the southern border against Haitian immigrants and how this situation fits into a long history of anti-Black immigration policies in the United States.
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Faculty Scholarship
Criminal legal reform and measures to reduce carceral populations have received increasing media and public policy attention nationwide. These efforts have mainly ignored a parallel development: the consistent rise in the use of immigration detention over the last decade. This Article bridges that gap by arguing that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. This argument relies on three different descriptive claims. First, much scholarly work has shown the extent to which vested interests have hampered criminal legal reform; these same interests could look to immigration detention as an alternative protection. Second, the extent …
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Faculty Scholarship
We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate public health rationale, but they …
Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden
Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting the Wong family's struggle for legal recognition to illuminate the convoluted history of birthright citizenship. Newly discovered archival materials reveal that Wong Kim Ark and his family experienced firsthand, and at times shaped, the fluctuating relationship between immigration, citizenship, and access to …
Changemakers: Finding The Perfect Niche, Michael Bowden
Changemakers: Finding The Perfect Niche, Michael Bowden
Life of the Law School (1993- )
No abstract provided.
Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones
Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones
University Scholar Projects
The African Diaspora represents vastly complex migratory patterns. This project studies the journeys of English-speaking Afro-Caribbeans who immigrated to the US for economic reasons between the 1980s-present day. While some researchers emphasize the success of West Indian immigrants, others highlight the issue of downward assimilation many face upon arrival in the US. This paper explores the prospect of economic incorporation into American society for West Indian immigrants. I conducted and analyzed data from an online survey and 10 oral histories of West Indian economic migrants residing in the Greater Hartford Area to gain a broader perspective on the economic attainment …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas
The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas
Faculty Scholarship
As healthcare providers engage in the politics of reforming and humanizing our immigration and asylum “system” it is critical that they are able to refer their patients whose health is directly impacted by our immigration laws and policies to experts who can help them navigate the system and obtain the healthcare they need.
Covid-19 And The U.S. Federal Government Vs. Undocumented Immigrants: How The U.S. Excludes Undocumented Immigrants From Financial Relief Amid A Global Pandemic, Golden Gate University School Of Law
Covid-19 And The U.S. Federal Government Vs. Undocumented Immigrants: How The U.S. Excludes Undocumented Immigrants From Financial Relief Amid A Global Pandemic, Golden Gate University School Of Law
GGU Law Review Blog
As we reached the Coronavirus Pandemic’s first anniversary, Americans continue to face economic troubles. The federal government has approved only three stimulus checks in the last eleven months. Contrary to public belief, these stimulus checks have been made available only to certain U.S. citizens while leaving out U.S. citizens from mixed-status families (a family that includes members with different citizenship or immigration statuses.) Furthermore, although undocumented immigrants make about 11 million of the U.S. population, they have received nothing from the federal government.
Gambling And The U.S. Immigration Laws, Robert Jarvis
Gambling And The U.S. Immigration Laws, Robert Jarvis
Faculty Scholarship
No abstract provided.
Deportation Arrest Warrants, Lindsay Nash
Deportation Arrest Warrants, Lindsay Nash
Articles
The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
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 …
Age Diversity, Alexander Boni-Saenz
Age Diversity, Alexander Boni-Saenz
All Faculty Scholarship
This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …
A Regulatory Policy Strategy For Protecting Immigrant Workers, W. Kip Viscusi, N. Marquiss
A Regulatory Policy Strategy For Protecting Immigrant Workers, W. Kip Viscusi, N. Marquiss
Vanderbilt Law School Faculty Publications
Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing wages for U.S.-born workers. Yet immigrants serve a constructive role by working in some of the most dangerous occupations in the country. It is well-known that immigrant workers, particularly those from Mexico with limited English language skills, face a higher workplace fatality rate than native workers. Efforts to reverse this trend have long been the focus of the Occupational Safety and Health Administration (OSHA), which undertook …
Beyond Emissions: Migration, Prisons, And The Green New Deal, Wyatt Sassman, Danielle C. Jefferis
Beyond Emissions: Migration, Prisons, And The Green New Deal, Wyatt Sassman, Danielle C. Jefferis
Faculty Scholarship
The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden Administration has expressed support for the Green New Deal as “a crucial framework for meeting the climate challenges we face,” and the proposal has influenced the Administration’s early actions to reduce carbon emissions. How can the Green New Deal’s framework guide climate policy beyond emissions reductions, and who should be a part of …
A Pathway To Health Care Citizenship For Daca Beneficiaries, Medha D. Makhlouf, Patrick J. Glen
A Pathway To Health Care Citizenship For Daca Beneficiaries, Medha D. Makhlouf, Patrick J. Glen
Faculty Scholarly Works
Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other deferred action beneficiaries are eligible for benefits through Medicaid, the Children’s Health Insurance Program, and the Affordable Care Act, the Obama Administration specifically excluded DACA beneficiaries. This decision undermines DACA’s goal of legitimizing beneficiaries’ presence in the United States. From a health policy perspective, it …
Health Care Sanctuaries, Medha D. Makhlouf
Health Care Sanctuaries, Medha D. Makhlouf
Faculty Scholarly Works
It is increasingly common for noncitizens living in the United States to avoid seeing a doctor or enrolling in publicly funded health programs because they fear surveillance by immigration authorities. This is the consequence of a decades-long shift in the locus of immigration enforcement activities from the border to the interior, as well as a recent period of heightened immigration enforcement. These fears persist because the law incompletely constrains immigration surveillance in health care.
This Article argues that immigration surveillance in health care is a poor choice of resource allocation for immigration enforcement because it has severe consequences for health …
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Articles
No abstract provided.
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Articles by Maurer Faculty
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.
Yet, there have been other areas where the DHS, particularly through its …
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, Jayanth K. Krishnan
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, Jayanth K. Krishnan
Articles by Maurer Faculty
The immigration crisis at the border, since 2016, has seen children separated from parents, the detention of noncitizens increase, and record-breaking numbers of applicants denied entry into the United States. For individuals fleeing their home countries because of persecution, the hardship has been particularly severe. To start, the chances of gaining asylum have dwindled significantly. For those who are successful, a subsequent and crucial question is whether the lawyers who represent them can recoup their legal fees from the government.
Since 1980, a federal statute known as the Equal Access to Justice Act (EAJA) has allowed for a “prevailing party” …
The Strategically Broken System: A Grounded Theory Study Of The Clinical Implications Of Immigration Law, Policy, And Practice, Kelle Agassiz
The Strategically Broken System: A Grounded Theory Study Of The Clinical Implications Of Immigration Law, Policy, And Practice, Kelle Agassiz
Antioch University Full-Text Dissertations & Theses
The majority of clinicians do not receive education pertaining to the legal aspects of immigration in their curriculum, training, or continuing education. In addition, the process of navigating the immigration system has been exacerbated in recent years due to rapid policy changes under the Trump administration, which has contributed to a hostile political climate, particularly for immigrants from Central America and Mexico. Using a classic grounded theory research approach, this study explored the relationship between the psychological implications of immigration and the legal challenges that immigrants face today, with a specific focus on immigration from Central America and Mexico. Through …
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …