Law Commons^™

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel

University of Cincinnati Law Review

No abstract provided.

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia

Capstone Projects and Master's Theses

Thinking about life after college can be exciting. However, for some, it can be a scary and uncertain time. The focus issue addressed in this Capstone Project is on how to support undocumented college students better to prepare them for life after graduation. This is an important issue for undocumented college students because they are working hard to earn their degrees but cannot get a job in the fields they are prepared for. An evidence-based argument is made that investment should be made in the future of undocumented students, as they are well prepared and qualified to take on jobs …

Trafficking And The Shallow State, Julie A. Dahlstrom

Faculty Scholarship

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 …

Removing Roadblocks: Alternatives To Lawful Status And Social Security Number Requirements For Pennsylvania Driver’S Licenses, Miranda Sasinovic

Dickinson Law Review (2017-Present)

As part of their traditional state police powers, states determine the eligibility requirements for their driver’s licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants from obtaining driver’s licenses.

In response to inconsistent issuance and verification standards, Congress passed the REAL ID Act of 2005. The Act prohibits federal agencies from accepting state driver’s licenses for official purposes unless states comply with minimum issuance and verification standards. These standards include requirements to verify Social Security numbers and lawful …

Farm And Food Worker Inequity Exposed And Compounded By Covid-19, Kimberly M. Bousquet

Journal of Food Law & Policy

Of the 2.4 million farm-working laborers in the United States, upwards of 73% are immigrants. And, according to the Economic Policy Institute, immigrants make up nearly 22% of all workers in the U.S. food industry, including 27% of food production workers, 37% of meat processing industry workers, 34% of commercial bakery workers, and 31% of fruit and vegetable preservation work. Another study found that “[p]eople of color make up the majority of essential workers in food and agriculture (50%) and in industrial, commercial, residential facilities and services (53%).” Many of these workers--if not the majority in some sectors--are undocumented and/or …

Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet

Georgia Journal of International & Comparative Law

No abstract provided.

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan

William & Mary Journal of Race, Gender, and Social Justice

The United States is currently in the midst of a “third wave of potential pretrial detention reform.” And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention …

Food Democracy Ii: Revolution Or Restoration?, Neil D. Hamilton

Journal of Food Law & Policy

Author's Note: This essay is a companion to the essay 'Food Democracy, "which appears in 9 DRAKE JOuRNAL OF AGRICULTURAL LAw 9 (2004). In that essay, the author discussed many of the progressive trends that are helping reshape America's food system. These trends have a common denominator in their reflection of the democratic tendencies of the American populace. The desire of an increasing number of consumers to eat better food and to have access to the information, choices, and alternatives that make better food available are helping drive shifts in food production and marketing. Accompanying these shifts are political and …

Reframing Taxigration In The Search For Tax Justice, Jacqueline Lainez Flanagan

Journal Articles

The Search for Tax Justice is a Tax Notes State series examining the inequities inherent in state and federal taxes. In this installment, Jacqueline Laínez Flanagan, associate professor of law and director of the University of the District of Columbia’s David A. Clarke School of Law Tax Clinic, discusses tax challenges faced by immigrants and responds to myths about the undocumented taxpayer community.

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …

Gun Ownership Rates And Opinions On Gun Control Among Immigrants And Individuals Born In The United States., Patrick Michael Cummings

Honors Program Theses and Projects

This study will focus on gun ownership and opinions on gun control among immigrants and those born in the United States. Previous studies have shown that immigrants are less likely to commit crimes than US-born persons. The reasons for this are not well understood. One possible explanation is lower rates of gun ownership and attitudes supportive of gun control in this social group. However, previous studies have not looked at this issue. By utilizing publicly available data from the General Social Survey (GSS) – public opinion survey representative of all non-institutionalized adults in the United States - this study will …

Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly

University of Colorado Law Review Forum

No abstract provided.

Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres

Electronic Theses, Projects, and Dissertations

This research project focused on how undocumented immigrants experience their lives in the United States, taking in mind the multiple barriers that prevent them from integrating into the community. This research project surveyed the California State University of San Bernardino School of Social Work students who work or engage with undocumented immigrants. A positivism paradigm research design was used to obtain quantitative data of participant's knowledge of immigrants' past and present experiences while living in the United States. The study's goal was to bring mental health awareness to the well-being and emotional experiences during the resettlement and acculturation of undocumented …

Us Vs. Wales: Comparing And Improving Refugee Health Policy, Payton Ramsey

Senior Theses

Inadequate strides have been made to bolster the short and long-term health of growing numbers of refugees awaiting resettlement. The United Nations Higher Commission for Refugees (UNHCR), as well as many countries of resettlement, guarantee the right to health as signatories of the UN 1951 Refugee Convention, but in many situations refugee accessibility to healthcare and health resources is limited by time restrictions on benefits, immigration status, and/or financial circumstances.

This thesis provides a synopsis of the historical roots of current policies and legislative frameworks relating to refugee health for Wales and the US. Through the analysis of governmental policy …

Perspectives Of Immigrant Families And Persons With Disabilities During Covid-19, Diana Rodriguez Lmsw, Kathleen Mcgrath Msw

Developmental Disabilities Network Journal

Background: The health, economic, social, political, and psychological consequences of COVID-19 have been deeply felt on a global level. Persons with disabilities, including those from Hispanic/Latino immigrant communities, have faced unique challenges during both the peak and fallout of the pandemic. Throughout both the United States and New York City, COVID-19 has disproportionately affected communities of color. However, the impact of COVID-19 on persons with disabilities among immigrant and communities of color is still unfolding.

Aims: In this paper, we aim to better understand the compounded stress of the COVID-19 pandemic experienced by immigrant families who have a child with …

Essentially Unprotected, Sherley Cruz

UTK Law Faculty Publications

Since the start of the COVID-19 pandemic, the American public has relied on “essential” low-wage workers to provide critical services and keep the public safe. Who has been protecting the workers? COVID-19 has exposed cracks that lead to serious gaps in workplace protections for low-wage workers. Decades of exploitative employer practices and neglect from the federal government have left frontline low-wage workers essentially unprotected. Many of these workers are people of color and recent immigrants who have been disproportionately impacted by the virus due to structural racism and socio-economic barriers. This is particularly true in the meatpacking industry, where a …

The Applicable Law To The Divorce Of Moroccans Residing Abroad And Its Effects, Abdul Samad Abbou

UAEU Law Journal

Divorce is one of the most systems that embodies conflict of laws, which reflected negatively on the organization of divorce Moroccan immigrants, and on the stability of the European community, especially the European judiciary had ruled out the application of the Personal Status Code on divorce for being in breach of the defense and the principle of liberty and equality rights between men and women, which It violates the legal systems of these countries, which derives its authority from the international human rights conventions, and the evolution of the points of attachment in Europe to renounce citizenship officer contributed to …

Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds

Journal of Legislation

Special Immigrant Juvenile Status (“SIJS” or “SIJ status”) is a form of immigration relief for undocumented minor children who have been abused, abandoned, and/or neglected by one or both parents. Most applicants for SIJ status hail from the “Northern Triangle” countries of El Salvador, Honduras, and Guatemala, and have travelled thousands of miles, often alone and in dangerous conditions, to seek protection in the United States that one or both of their parents are unable or unwilling to provide them in their country of origin, typically from gangs.1 To ensure that the best interests of these children are protected, the …

Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher

Touro Law Review

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.