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2019

Immigration Law

Brooklyn Law School

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Full-Text Articles in Law

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy Dec 2019

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …


Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin Jul 2019

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …


Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans Jun 2019

Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans

Brooklyn Law Review

The Trump administration’s aggressive immigration enforcement campaign calls on hundreds of thousands of local police officers and county sheriffs to identify and detain people suspected of violating federal civil immigration law. The immigration detainer is a key mechanism of Trump’s campaign and is on the rise. A detainer asks local law enforcement officers to hold individuals beyond the period authorized by local law so that federal immigration officials have additional time to take custody of the person. In practice, detainers attach the threat of deportation to any contact with local police. Immigrant rights advocates have challenged the use of detainers …


From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell May 2019

From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell

Brooklyn Law Review

In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on account …