Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

Immigration Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 388

Full-Text Articles in Law

Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana Dec 2017

Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana

Indonesia Law Review

The problem of asylum seekers has become a global humanitarian issue. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international obligations in handling asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the Constitution. In a global perspective, humanitarian issues in the handling of asylum seekers …


Lapd Immigration Enforcement Procedures Dec 2017

Lapd Immigration Enforcement Procedures

Subfederal Government Responses

No abstract provided.


Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School Of Law Dec 2017

The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Pomona City Council Comply Sb 54 Ordinance Dec 2017

Pomona City Council Comply Sb 54 Ordinance

Subfederal Government Responses

No abstract provided.


Anaheim Pd Immigration Policy Dec 2017

Anaheim Pd Immigration Policy

Subfederal Government Responses

No abstract provided.


The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies Dec 2017

The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Causes For The Irregular Migration Crises Case Of Kosovo - Final Paper Pdf.Pdf, Xhevdet Halili Dec 2017

Causes For The Irregular Migration Crises Case Of Kosovo - Final Paper Pdf.Pdf, Xhevdet Halili

Xhevdet Halili

Based on Eurostat’s data, the number of asylum seekers in EU member states from Republic of Kosovo (RKS) was 66,885 citizens during 2015, ranking Kosovo as the fourth highest in the world (following Syria, Afghanistan and Iraq). Consequently, these data are considered to be noticeably worrisome for the country. The purpose of this article is to determine the causes of this major flux of migrating asylum seekers from RKS to EU countries. Within this context, the research includes analysis of relevant statistics which monitor this situation, including the applicable laws that result in this unfavorable occurrence. The relevant comparisons of …


Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies Dec 2017

Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies Dec 2017

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Supporting Students Dec 2017

Supporting Students

Project Publications

No abstract provided.


Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip Dec 2017

Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip

Master's Projects

There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.

The Immigration …


Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su Nov 2017

Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su

Rick Su

The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …


The Promise And Peril Of Cities And Immigration Policy, Rick Su Nov 2017

The Promise And Peril Of Cities And Immigration Policy, Rick Su

Rick Su

No abstract provided.


Police Discretion And Local Immigration Policymaking, Rick Su Nov 2017

Police Discretion And Local Immigration Policymaking, Rick Su

Rick Su

Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …


Notes On The Multiple Facets Of Immigration Federalism, Rick Su Nov 2017

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Rick Su

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …


Immigration As Urban Policy, Rick Su Nov 2017

Immigration As Urban Policy, Rick Su

Rick Su

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …


Local Fragmentation As Immigration Regulation, Rick Su Nov 2017

Local Fragmentation As Immigration Regulation, Rick Su

Rick Su

Immigration scholars have traditionally focused on the role of national borders and the significance of nation-state citizenship. At the same time, local government scholars have called attention to the significance of local boundaries, the consequence of municipal residency, and the influence of the two on the fragmentation of American society. This paper explores the interplay between these two mechanisms of spatial and community controls. Emphasizing their doctrinal and historic commonalities, this article suggests that the legal structure responsible for local fragmentation can be understood as second-order immigration regulation. It is a mechanism that allows for finer regulatory control than the …


A Localist Reading Of Local Immigration Regulations, Rick Su Nov 2017

A Localist Reading Of Local Immigration Regulations, Rick Su

Rick Su

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …


Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Nov 2017

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Teresa A. Miller

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …


Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller Nov 2017

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Teresa A. Miller

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …


A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller Nov 2017

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Teresa A. Miller

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …


Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring Nov 2017

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Darlene C. Goring

No abstract provided.


Brief For Amici Curiae Scholars Of Immigration Law In Support Of Plaintiffs-Appellees And Affirmance, Anita Sinha Nov 2017

Brief For Amici Curiae Scholars Of Immigration Law In Support Of Plaintiffs-Appellees And Affirmance, Anita Sinha

Anita Sinha


Brief for Amici Curiae Scholars of Immigration Law in Support of Plaintiffs-Appellees and Affirmance, in Hawaii v. Trump, no. 17-17168 (9th Cir. Nov. 22, 2017).


Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law Nov 2017

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Brief Of International Law Scholars And Non-Governmental Organizations As Amici Curiae In Support Of Appellees In International Refugee Assistance Project V. Trump, 2017 U.S. 4th Cir., Amanda Frost Nov 2017

Brief Of International Law Scholars And Non-Governmental Organizations As Amici Curiae In Support Of Appellees In International Refugee Assistance Project V. Trump, 2017 U.S. 4th Cir., Amanda Frost

Amicus Briefs

No abstract provided.


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak Nov 2017

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups. Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings. This gender-based violence has rendered women …


Algorithmic Jim Crow, Margaret Hu Nov 2017

Algorithmic Jim Crow, Margaret Hu

Margaret Hu

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …


Honor For Veterans Day November 10, 2017, Roger Williams University Nov 2017

Honor For Veterans Day November 10, 2017, Roger Williams University

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs Nov 2017

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.