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

2017

Social and Behavioral Sciences

Brigham Young University

Journal

Immigration

Articles 1 - 2 of 2

Full-Text Articles in Law

Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney Apr 2017

Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney

Brigham Young University Prelaw Review

The Flores Settlement Agreement allows for asylum-seeking minors to be released from detention if the minors are in unsafe circumstances. Children are experiencing physical and mental harm in asylum-seekers’ detention. This harm constitutes a lack of safety. Therefore, the current conditions of detention for asylum-seekers violate the Flores Settlement Agreement.


The Battle Of Birthright Citizenship, Joshua White Apr 2017

The Battle Of Birthright Citizenship, Joshua White

Brigham Young University Prelaw Review

This article examines the legal case behind denying birthright citizenship to the children of illegal aliens born on U.S. territory and thereby correcting the present interpretation of the Citizenship Clause. Currently, children of illegal aliens born on U.S. territory are automatically granted citizenship jus soli. This removes the sovereignty of the American citizen by supplanting the citizen with an illegal alien in determining who can become citizens of the United States. To resolve this problem, Congress must enact legislation specifically restricting birthright citizenship from children of illegal aliens. While other articles focus on the morality of accepting refugees or illegal …