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Full-Text Articles in Law
Trafficking And The Shallow State, Julie Dahlstrom
Trafficking And The Shallow State, Julie Dahlstrom
UC Irvine Law Review
More than two decades ago, the Trafficking Victims Protection Act (TVPA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been reached, with fewer than 1,200 approved each year. In recent years, denial rates also have climbed. For example, in fiscal year 2020, U.S. Citizenship and Immigration Services denied 42.79% of the T visa applications that the agency adjudicated, compared with just 28.12% in fiscal year 2015. These developments …
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
UC Irvine Law Review
This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to …
The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson
The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson
UC Irvine Law Review
The federal government has slowly chipped away at U.S. asylum protections over the past several decades. Moves to expand the detention and criminalization of asylum seekers in an effort to deter asylum seekers’ entry into the United States have been denounced as violations of U.S. obligations under domestic and international law.1 Yet, in 2018, the Trump administration announced the Migrant Protection Protocols (MPP), an unprecedented policy that sends asylum seekers back to Mexico to await their U.S. immigration court hearings. The MPP presents unique challenges to the due process and nonrefoulement tenets of our asylum system and has raised urgent …
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
UC Irvine Law Review
Immigration enforcement has been especially brazen under the Trump administration. As part of a larger “mass deportation agenda,” and in retaliation against localities taking measures to protect immigrants, Immigration and Customs Enforcement (ICE) agents have significantly increased their presence at courthouses. As a result, ICE arrests at courthouses, or “courthouse arrests,” have instilled fear in immigrant communities and chilled participation in the legal system. While these arrests have had far-reaching impacts, preventing survivors and witnesses from accessing the court to seek relief, the focus of this Note is on the particular impact on noncitizen defendants involved in criminal proceedings. Increasingly, …