Law Commons^™

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.

Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber

Missouri Law Review

This Summary examines the current federal sentencing regime, the establishment of fast-track programs, and the resulting circuit split regarding whether a judge can grant a defendant a more lenient sentence based on the lack of availability of a fast-track option in that jurisdiction. Further, it discusses more recent developments regarding the circuit split and how the new DOJ policy purports to resolve the issue. Finally, this Summary argues that while this change does solve the sentencing disparity problem, it conflicts with the congressional policy underlying the official sanction of fast-track programs.

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …

To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley

Michigan Journal of Race and Law

The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …

The Boston Principles: An Introduction, Hope Lewis, Rachel E. Rosenbloom

Hope Lewis

This commentary introduces the Draft Boston Principles on the Economic, Social, and Cultural Rights of Noncitizens. The Draft Boston Principles are the outcome of "Beyond National Security: Immigrant Communities and Economic, Social, and Cultural Rights," an institute held at Northeastern University School of Law in Boston, Massachusetts (United States of America) on October 14-15, 2010. Convened by the Program on Human Rights and the Global Economy (PHRGE) with the sponsorship of the Ford Foundation and the Human Rights Interest Group of the American Society of International Law, the institute brought together leading immigrants' rights attorneys, human rights advocates, and scholars …

Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong

Wendy E. Parmet

In Finch v. Commonwealth Insurance Connector Authority, 461 Mass. 232 (2012), the Massachusetts Supreme Judicial Court held that a 2009 law barring a class of legal immigrants from a state funded health insurance program for low income adults violated the state Constitution. This article presents our perspective as plaintiff’s counsel. We focus on the pragmatic issues that we confronted as we considered whether or not to pursue litigation, and the forum and claims to pursue.

Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice

Graduate Program in International Studies Theses & Dissertations

The U.S. Department of State estimates that 600,000 to 800,000 victims are trafficked across international borders each year, approximately 14,500 to 17,500 of which are trafficked into the United States. The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) was created to combat human trafficking in the country, and as a result created the T-visa to provide immigration relief to non-citizen victims of trafficking. In this work I analyze U.S. government efforts to combat trafficking in the twelve years following implementation of the VTVPA. I expand my analysis beyond T-visa distribution data to incorporate interviews with high-level government …

Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger

Michigan Journal of Race and Law

The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …

Understanding Immigrant Behavior In Denmark: The Immigrant Enclave And Employment Rate Paradox, Andrew Christensen

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel

Michigan Law Review First Impressions

Under immigration law, an alien smuggling offense takes place when one knowingly encourages, induces, assists, abets, or aids an alien to enter or to try to enter the United States. Committing this offense is cause for either removal or inadmissibility charges under the Immigration and Nationality Act ("INA"). In addition, a federal criminal conviction for alien smuggling under INA section 274(a)(1)(A) or 274(a)(2) classifies the immigrant as an aggravated felon, leading to near certain deportation. Although the INA levies harsh penalties against smugglers, the practice has not showed any signs of slowing. In 2010, the United States Border Patrol apprehended …

Poverty, Wealth And Inequality Through The Lens Of Globalization: Lessons From The United States And Mexico, Lucy A. Williams

Lucy A. Williams

This article seeks to expand the U.S. domestic poverty discourse to incorporate cross-border connections of social welfare policy, low-wage work, immigration and international economic organization. The author looks at the U.S. and Mexico as an example in which these multiple legal discourses can be analyzed. First, I explore the long-standing labor and immigration ties between the two countries, and the creation of a false dichotomy within the U.S. of those in wage work and single parent families receiving social assistance benefits. I then focus on recent changes in U.S. social welfare policy toward single mothers, many of whom are in …

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

All Faculty Scholarship

This essay proposes the adoption of a three-part framework to effectuate fundamental changes in conventional sentencing and correctional constructs, making restorative justice a mainstay of sentencing and correctional systems. First, federal, state, and local governments would authorize the imposition of what would be – in name, purpose, and content – “restorative sentences.” The growing, processing, and distribution of locally grown foods in low-income neighborhoods particularly afflicted by crime is an example of what could become a prevalent restorative sentence. The essay outlines a number of steps to be undertaken by jurisdictions in order to realize the goals of restorative sentencing. …

Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins

Mel Cousins