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Full-Text Articles in Law

Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center Jul 2012

Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center

Center for Immigrants' Rights Clinic Publications

Advocates and attorneys who work with victims of domestic violence need to understand the dynamics of power and control and how they affect the safety of their clients. This understanding is especially important in working with non-citizen victims who often face additional hurdles compared to American citizens. The Center for Immigrants' Rights has published "Immigration Relief for Victims of Abuse and Domestic Violence," a toolkit to help practitioners in representing immigrant victims of domestic abuse.


Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance Jun 2012

Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance

Center for Immigrants' Rights Clinic Publications

This report highlights cases of exploitation from Texas to Tennessee, and calls for four indispensible reforms that would end employer abuse and protect both guest workers and U.S. workers: (1) Guaranteeing guest workers the right to organize without fear of retaliation; (2) Prohibiting employers from using guest workers as cheap, exploitable alternatives to U.S. workers; (3) Eliminating debt servitude and other elements of human trafficking in the program; and (4) Subjecting employers to meaningful government enforcement and community oversight.


The Nseers Effect: A Decade Of Racial Profiling, Fear, And Secrecy, Penn State Law Immigrants' Rights Clinic, Rights Working Group Jun 2012

The Nseers Effect: A Decade Of Racial Profiling, Fear, And Secrecy, Penn State Law Immigrants' Rights Clinic, Rights Working Group

Center for Immigrants' Rights Clinic Publications

n the wake of the tragic attacks of September 11, 2011, the landscape of immigration law and policy in the United States changed dramatically as the government scrambled to create counterterrorism programs to respond to potential national security threats. One program is the National Security Entry-Exit Registration System (NSEERS) or "special registration" that was initiated by the Department of Justice in 2002 and inherited by the Department of Homeland Security in 2003. NSEERS served as a tool that allowed the government to systematically target Arabs, Middle Easterners, Muslims, and South Asians from designated countries for advanced scrutiny. ...The purpose of …


Behind Closed Doors: An Overview Of Dhs Restrictions On Access To Counsel, Penn State Law Immigrants' Rights Clinic, American Immigration Council May 2012

Behind Closed Doors: An Overview Of Dhs Restrictions On Access To Counsel, Penn State Law Immigrants' Rights Clinic, American Immigration Council

Center for Immigrants' Rights Clinic Publications

The Center collaborated with LAC to produce a white paper addressing the law, policy and practice surrounding right to counsel in non-removal contexts before the Department of Homeland Security (DHS). To reach this end, students at the Center reviewed an internal legal memorandum prepared by the American Immigration Lawyers Association and LAC; a detailed memo prepared by the Center analyzing individual attorney experiences with restrictions on access before DHS; and conduct additional research pertaining to access to counsel. The white paper articulates the legal and policy standards governing an individual’s right to counsel in various non-removal settings in order to …


Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia Jan 2012

Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia

Journal Articles

This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …


Sharing Secrets: Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia Jan 2012

Sharing Secrets: Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia

Journal Articles

This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations for …