Law Commons^™

Toward A Race-Conscious Critique Of Mental Health-Related Exclusionary Immigration Laws, Monika Batra Kashyap

Michigan Journal of Race and Law

This Article employs the emergent analytical framework of Dis/ability Critical Race Theory (DisCrit) to offer a race-conscious critique of a set of immigration laws that have been left out of the story of race-based immigrant exclusion in the United States—namely, the laws that exclude immigrants based on mental health-related grounds. By centering the influence of the white supremacist, racist,and ableist ideologies of the eugenics movement in shaping mental health-related exclusionary immigration laws, this Article locates the roots of these restrictive laws in the desire to protect the purity and homogeneity of the white Anglo- Saxon race against the threat of …

The End Of Deportation, Angélica Cházaro

Articles

This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro-immigrant scholarship and advocacy that aims to reduce migrant suffering assumes deportation as inevitable. The focus remains on improving individual outcomes by aligning the process of deportation with due process and the rule of law. But considered from the point of view of those facing deportation, …

What Accounts For The Variation Of Immigration Policies In Western Democracies Since 9/11?, Hayley Mcelroy

Williams Honors College, Honors Research Projects

From the aftermath of the 9/11 terrorist attacks to now, there has been a dramatic change of immigration policies among Western Democracies. This comparative paper will measure the change of refugee acceptance rates and will discover the reasons for these variations. Immigration has become a major issue in the United States as well as in other Western democracies. Even though most of these democracies are located in similar geographic areas and have similar cultures, they all have different approaches when it comes to accepting immigrants and refugees. Furthermore, this paper will analyze the policies of the United States, the United …

Migrant Justice Now, Leti Volpp

University of Colorado Law Review

No abstract provided.

Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood

All Master's Theses

Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …

The Case For Chevron Deference To Immigration Adjudications, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

Chevron skepticism is in vogue in legal academia, as Professors Shoba Wadhia and Christopher Walker’s recent entry in the genre demonstrates. They place their project within the broader academic trend of arguing for limitations on the application of deference to various administrative decisions, but their aim is ultimately narrower—to show that “this case against Chevron has * * * its greatest force when it comes to immigration.”

The Professors are incorrect. Immigration adjudication presents one of the strongest cases for deference to administrative adjudication. This case is founded in the text of the statute itself and its myriad general and …

Health Care Sanctuaries, Medha D. Makhlouf

Faculty Scholarly Works

It is increasingly common for noncitizens living in the United States to avoid seeing a doctor or enrolling in publicly funded health programs because they fear surveillance by immigration authorities. This is the consequence of a decades-long shift in the locus of immigration enforcement activities from the border to the interior, as well as a recent period of heightened immigration enforcement. These fears persist because the law incompletely constrains immigration surveillance in health care.

This Article argues that immigration surveillance in health care is a poor choice of resource allocation for immigration enforcement because it has severe consequences for health …

Immigration Detention In The Age Of Covid-19, Efrat Arbel, Molly Joeck

All Faculty Publications

In this chapter, we analyze Canada’s response to the outbreak of COVID-19 as it relates to immigration detention. We focus on decisions released by the Immigration Division (ID) of the Immigration and Refugee Board, the quasi-judicial administrative tribunal tasked with detention-related decision-making in Canada. Writing in the four months after pandemic measures were first introduced in Canada, our analysis is by necessity provisional, and focuses on seventeen ID decisions released between mid-March and mid-May 2020, at the height of the pandemic in Canada. Our analysis of this dataset reveals an identifiable shift in ID practice: prior to the outbreak of …

Access To Justice For Migrant Workers: Evaluating Legislative Effectiveness In Canada, Bethany Hastie

All Faculty Publications

This report analyzes, compares and contrasts the growing number of provincial legislative schemes aimed at addressing known recruitment and employment abuses of temporary foreign workers through registration and licensing schemes, with a view to identifying best practices and recommendations for further improvement that will enable the effective operationalization of these statutes and the realization of their core goals to protect temporary foreign workers in Canada.

The Growth Of Vancouver As An Innovation Hub: Challenges And Opportunities, Camden Hutchison, Li-Wen Lin

All Faculty Publications

This article assesses the development of Vancouver as an entrepreneurial region. Using data collected from commercial startup databases, we find that Vancouver produces more startups and receives more venture capital financing per capita than any other major Canadian city. However, we also find that Vancouver lags many U.S. cities on these same metrics. In light of our empirical findings, we explore whether differences in entrepreneurial activity between Canada and the United States are due to differences in the countries’ legal environments. We conclude that legal differences do not explain observed economic disparities, and that differences in entrepreneurial activity are due …

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Beyond Emissions: Migration, Prisons, And The Green New Deal, Wyatt Sassman, Danielle C. Jefferis

Faculty Scholarship

The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden Administration has expressed support for the Green New Deal as “a crucial framework for meeting the climate challenges we face,” and the proposal has influenced the Administration’s early actions to reduce carbon emissions. How can the Green New Deal’s framework guide climate policy beyond emissions reductions, and who should be a part of …

The Architecture Of The Un Refugee Convention And Protocol, James C. Hathaway

Book Chapters

The heart of international refugee law is the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees, with some three-quarters of the world’s governments having bound themselves to respect the standards set by these treaties. Contracting States may—and often have—accepted additional refugee protection responsibilities under national or regional law. But, as a matter of international law, these additional duties complement rather than supplant the fundamental commitments made under the Refugee Convention and Protocol.

The architecture of this core normative standard is in many ways unusual. As a formal matter, it derives …

Transit States To Destination Nations: Mexican And Moroccan Asylum Policies, Stephanie Evans

Vanderbilt Journal of Transnational Law

Much of the literature surrounding immigration and asylum analyzes the policies adopted by highly developed nations like the United States and countries in the European Union. However, as these nations' policies become increasingly restrictive, more migrants are turning towards neighboring nations that are easier to access but that have less developed immigration and asylum systems. Mexico and Morocco are two such nations. Historically, each has been a transit state--a nation that migrants traveled through in order to reach other states. However, both Mexico and Morocco are becoming destination nations. Social science scholarship has analyzed and compared changes in Mexico's and …

A Pathway To Health Care Citizenship For Daca Beneficiaries, Medha D. Makhlouf, Patrick J. Glen

Faculty Scholarly Works

Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other deferred action beneficiaries are eligible for benefits through Medicaid, the Children’s Health Insurance Program, and the Affordable Care Act, the Obama Administration specifically excluded DACA beneficiaries. This decision undermines DACA’s goal of legitimizing beneficiaries’ presence in the United States. From a health policy perspective, it …

The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi

Faculty Scholarship

This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents.

Terrorism And The Inherent Right To Self-Defense In Immigration Law, Faiza Sayed

Faculty Scholarship

No abstract provided.

Is The Irish Immigration Policy Delivering The Best For Its Economy Through Its Non-Eu Dependent Immigrants. An Empirical Study, Pai M.J Arjun

Masters

The Emerald Isle is fast becoming the next big hotspot for highly skilled migrants aspiring to relocate to the last English-speaking nation within the European Union [EU]. The transition from the state of being an emigrant country to an immigrant nation poses complex opportunities for the country, its people, and the immigrants who relocate in making Ireland their home. Despite a consistent inflow of skilled immigrants migrating into the country since the last few decades, policy reforms adopted in Ireland towards dependent immigrants remain reactive, lacks the backing of studies in evaluating the utilization of available skilled dependent immigrants in …

The Folly Of The Famous Family: Why Matter Of L-E- A-’S Definition Of Distinction Does Not Merit Deference, Danielle L. Schmalz Fullam

Connecticut Law Review

Attorney General Barr abruptly changed the course of asylum law in the United States on July 29, 2019, in his decision in Matter of L-E-A-. Barr declared that usually, family-based, particular social group asylum claims would fail due to a lack of specific social distinction. Essentially, Barr decided that in order to constitute a cognizable particular social group, a family would have to be well-known within the society in question. While social distinction has been a component of asylum law jurisprudence for some time, never before was there the requirement of specific social distinction. Despite making a major change to …

The New Eugenics, Samuel R. Bagenstos

Articles

During the first third of the Twentieth Century, the eugenics movement played a powerful role in the politics, law, and culture of the United States. The fear of “the menace of the feebleminded,” the notion that those with supposedly poor genes “sap the strength of the State,” and other similar ideas drove the enthusiastic implementation of the practices of excluding disabled individuals from the country, incarcerating them in ostensibly beneficent institutions, and sterilizing them. By the 1930s, with the rise of Adolf Hitler in Germany, eugenic ideas had begun to be discredited in American public discourse. And after the Holocaust, …

Duress In Immigration Law, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.

An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith

Articles

The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …