Law Commons^™

Opening Remarks, Shoba Sivaprasad Wadhia

St. John's Law Review

(Excerpt)

Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.

This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Taxonomy Of The Hardships Children Of Immigrant Parents Face Following Parental Deportation And Recommendations To Protect The Children’S Rights, Heather Sanborn

Chicago-Kent Law Review

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.

Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

2020 Children's Story Cards, Tsos

TSOS Interview Gallery

Arif: "I like being in school again."

Norina: "We laugh a lot but I also worry."

Nooda: "I came on a boat. It was a big boat!"

Madina: "I just want to live in a safe place..."

Shurangez: "Sometimes we didn't feel safe at school."

Alex: "I'm from Nigeria. Coming to Italy was very difficult-very, very difficult, a real struggle."

Danial: "I want to be a useful person and follow my dreams."

Firoz: "I am 13 years old and I am worried about my family."

Ali: "Ali lived in Afghanistan. One day while walking to school a bomb exploded near …

Trauma On The Border: Immigrant Children In Detention Centers, Yosseline Pacheco

Capstone Projects and Master's Theses

Between the year 2018 through 2019, there has been a sixty-percent increase in unaccompanied children at the Southwest border where they are later transferred to the care of the Office of Refugee Resettlement (ORR). The dramatic increase in undocumented children are immigrants from Guatemala, Honduras, and El Salvador (the Northern Triangle countries of Central America). (Cardosa, Brabeek, Stinchcomb, Heidbrink, Price, Fil.Garcia, Crea & Zayas pg 1,2). During those two years the Trump administration passed many harsh policies designed to decrease the flow of migration, yet it has only done the opposite with the new formations of caravans that are headed …

Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …

Child Migrants And America’S Evolving Immigration Mission, Shani M. King

UF Law Faculty Publications

This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes for a …

Shobika, Shobika, Tsos

TSOS Interview Gallery

Shobika escaped Myanmar amid widespread chaos. After being separated from her husband and experiencing the kidnap of her two children, she was raped by soldiers and became pregnant. Her husband now rejects this child.

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin

Mission and Ministry Publications

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some of the …

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman

Online Publications

The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question, and address a central flaw in the government’s logic.

Child Separation In The Courts, Deborah Pearlstein

Online Publications

Developments in the ongoing child separation crisis have come so quickly in the past week it is nearly impossible even for experts to keep track. Donald Trump’s executive order requiring an end to the child separation policy, his administration’s subsequent announcement that it would halt its “zero-tolerance” policy of prosecuting the misdemeanor offense of illegal entry, the California federal court’s Tuesday decision halting further separation and requiring currently separated families be reunified — all of these are positive developments for those concerned about the catastrophic effects of the policy on children and families. But the legal battle here is far …

Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum

Faculty Publications

(Excerpt)

In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson

Articles & Chapters

The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.

The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba

University of Massachusetts Law Review

In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …

Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins

Faculty Scholarship

This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …

Aisha, Aisha, Tsos

TSOS Interview Gallery

Aisha, a Syrian native, lived in Latakia with her Palestinian husband and six children. Their children were not allowed to attend school because of their Palestinian heritage. During the war, mortars and missiles hit the city, and Aisha's brother lost three children. Aisha's uncle in Jordan helped to smuggle their family into Turkey after they decided to escape.

They sailed to Greece with a boat carrying about 350 people. The ship's drivers abandoned it during the journey. To save the children on board, Aisha's husband steered the sinking ship. Her husband was arrested in Greece, and Aisha, who was five …

Caught In The Web: Immigrant Children In Removal Proceedings, Claire R. Thomas, Lenni B. Benson

Wilf Impact Center for Public Interest Law

No abstract provided.

Morena, Morena, Tsos

TSOS Interview Gallery

Morena has two children and a husband, and she is currently pregnant. Her life in Afghanistan felt normal, and she was able to study there until she had to flee. Her father in law was a truck driver for an American company and he had to surrender several vehicles to the Taliban. They robbed his vehicle and threatened violence. Because of this danger, Morena and her family fled. Their eight-month journey included rejection in Turkey and Iran multiple times and many struggles with smugglers and police. They eventually made it to a camp in Greece.

Because Morena is pregnant, they …

Tabish, Tabish, Tsos

TSOS Interview Gallery

Tabish is from Afghanistan. He fled the country because he had enemies there. He was shot multiple times during a Taliban raid, resulting in a broken leg and damaged hand. The bullets had to be pulled out with a stick. He and his family fled Afghanistan to Iran where the police threatened to arrest him for not having the legal papers to work. His family escaped to Turkey but were soon deported back to Iran. They eventually made it through after walking on foot for seven hours at the Turkish border. After spending five hours on the water on the …