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Refugees

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Full-Text Articles in Law

Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes Jun 2021

Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes

UDC Law Faculty in the News

No abstract provided.


The Case Against Prosecuting Refugees, Evan J. Criddle Nov 2020

The Case Against Prosecuting Refugees, Evan J. Criddle

Faculty Publications

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress ...


Refugees And Human Rights In French-Speaking Europe, Jacob Kang Jul 2020

Refugees And Human Rights In French-Speaking Europe, Jacob Kang

French Summer Fellows

This paper seeks to explain the manner in which French-speaking European States, namely France, Switzerland, and Belgium, treat asylum seekers. To do so, we will first examine, the philosophical underpinnings of European conceptions of the state, of personhood, and of human rights. In doing so, we move to understand cultural attitudes towards asylum seekers through European philosophers such as Rousseau and Kant. The second aspect, the legal aspect, will explain the manner through which the aforementioned philosophies are reflected through governance in each of the states. Finally, we will examine the demographic profiles of the refugees and perform an outcomes ...


Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis Apr 2020

Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis

Poverty, Gender, and Youth

This conversation took place between Judith Bruce, Senior Associate and Policy Analyst of the Population Council, and Aisha Dennis, former Program Director for Women Now for Development. Women Now for Development’s mission is to initiate programs led by Syrian women that protect Syrian women and children across socioeconomic backgrounds and empower women to find their political voice and participate in building a new, peaceful Syria that respects and safeguards equal rights for all its citizens. Aisha’s impressive breadth of expertise includes conflict resolution and the application of international law through strategic litigation, as well as practical experience in ...


'Water Is Life!' (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade Jan 2020

'Water Is Life!' (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Scholarly Works

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy “dissent,” including blacklists ...


The Supreme Court And Refugees At The Southern Border: 5 Questions Answered, Karla Mckanders Oct 2019

The Supreme Court And Refugees At The Southern Border: 5 Questions Answered, Karla Mckanders

Vanderbilt Law School Faculty Publications

I sat in a small room in Tijuana, Mexico with a 13-year-old indigenous Mayan Guatemalan girl.

She left Guatemala after a cartel murdered her friend and threatened to rape her. Her mother wanted her to live and believed the only way for her to survive was to send her daughter alone to the U.S., to apply for asylum Now she was alone and stuck in Mexico. Every morning, the Guatemalan girl, along with other asylum seekers, would frantically gather at the Tijuana-U.S. border where they waited to hear their name or their number called so the Mexican government ...


Documentation Of Human Rights Abuses Among Rohingya Refugees From Myanmar, Rohini J. Haar, Karen Wang, Homer Venters, Satu Salonen, Rupa Patel, Tamaryn Nelson, Ranit Mishori, Parveen K. Parmar Sep 2019

Documentation Of Human Rights Abuses Among Rohingya Refugees From Myanmar, Rohini J. Haar, Karen Wang, Homer Venters, Satu Salonen, Rupa Patel, Tamaryn Nelson, Ranit Mishori, Parveen K. Parmar

Open Access Publications by UMMS Authors

Background: Decades of persecution culminated in a statewide campaign of organized, systematic, and violent eviction of the Rohingya people by the Myanmar government beginning in August 2017. These attacks included the burning of homes and farms, beatings, shootings, sexual violence, summary executions, burying the dead in mass graves, and other atrocities. The Myanmar government has denied any responsibility. To document evidence of reported atrocities and identify patterns, we interviewed survivors, documented physical injuries, and assessed for consistency in their reports.

Methods: We use purposive and snowball sampling to identify survivors residing in refugee camps in Bangladesh. Interviews and examinations were ...


Who Takes Action To Promote The Health Of Refugees And Migrants, Lawrence O. Gostin, Ibrahim Abubakar, Ranieri Guerra, Sabina F. Rashid, Eric A. Friedman, Zsuzsanna Jakab May 2019

Who Takes Action To Promote The Health Of Refugees And Migrants, Lawrence O. Gostin, Ibrahim Abubakar, Ranieri Guerra, Sabina F. Rashid, Eric A. Friedman, Zsuzsanna Jakab

Georgetown Law Faculty Publications and Other Works

Migration is a defining issue of our time, with 1 billion migrants globally, of whom 258 million have crossed borders. Climate change and political instability propel ever-greater displacement, with major detriments to health. Policies that fail to prevent human trafficking or guarantee essential services undermine Universal Health Coverage (UHC) and the global pledge to “leave no one behind.” The World Health Assembly should robustly implement WHO’s Global Action Plan (GAP) on the Health of Refugees and Migrants.ugees and Migrants.


Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore Mar 2019

Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore

Faculty Scholarship

The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.


Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway Mar 2019

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.


Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin Jan 2019

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin

Mission and Ministry Publications

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some ...


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 ...


Borders Rules, Beth A. Simmons Jan 2019

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


Reparations For Central American Refugees, Sarah Sherman-Stokes Jan 2019

Reparations For Central American Refugees, Sarah Sherman-Stokes

Faculty Scholarship

In the midst of vicious and unrelenting attacks on Central American asylum seekers in the United States, this Article seeks to understand historic and present-day patterns of animus and discrimination facing this group of refugees, and to propose solutions. This Article begins by examining decades of prejudice faced by Central American asylum seekers, as well as attempts to right those wrongs through litigation, legislation, and the creation of Temporary Protected Status (TPS). Next, this Article identifies the predominant push and pull factors driving Central American refugees north—and the U.S. role in creating them. The Article then lays out ...


Refugees At Sea, Constance Macintosh Jan 2018

Refugees At Sea, Constance Macintosh

Articles, Book Chapters, & Blogs

The International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI. More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. The essay collection is aimed at professionals, students and citizens alike – covering themes that ...


The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies Jul 2017

The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies Jul 2017

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson Jul 2017

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • United States Alleges Russia Continues ...


The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies Jun 2017

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies May 2017

The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies May 2017

The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies May 2017

The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies Mar 2017

Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies Mar 2017

Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies Mar 2017

The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies Feb 2017

Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies Feb 2017

The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies Feb 2017

The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies Feb 2017

The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman Feb 2017

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Popular Media

No abstract provided.