Law Commons^™

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.

Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz

University of Miami International and Comparative Law Review

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Transformative Immigration Lawyering, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

Movement actors have long sought expansive reforms in U.S. immigration law, but two deep-seated tendencies are obstructing those efforts: incrementalism and path dependence. This Essay recommends that law clinics counter these forces by setting ambitious goals for structural change and by equipping students with knowledge and skills needed for transformative lawyering.

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

Life of the Law School (1993- )

No abstract provided.

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.

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

University of Cincinnati Law Review

No abstract provided.

The Intersection Of The U.S. Immigration System And Human Trafficking: A Legalized Labor Of Injustice, Stephanie Durr

Mississippi College Law Review

In order to provide a critical analysis of the structural barriers to justice faced by trafficking victims, this Comment will explore the legal framework of trafficking in the United States since 2000, discuss how that framework perpetuates trafficking, review the existing remedies available to trafficking survivors, and analyze whether the existing remedies accomplish their purported goals. Part II of this Comment details the legal framework of human trafficking, including the Trafficking Victims Protection Act and its progeny, as well as relevant case law interpreting the Act’s statutory language. Part III analytically explores how trafficking is perpetrated through temporary work visas. …

Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes

Shorter Faculty Works

Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.

Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.

Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Role Of International Criminal Law In Protecting Human Rights From Risks Misuse Of Artificial Intelligence, Baraa Munther Kamal, Marivan Mustafa Rashid

Journal of STEPS for Humanities and Social Sciences

Minorities are an important component of the integrated international fabric of the international community as a whole, if almost no State in the world is without minorities. They constitute the harmonious balance in the territory of a single State that reflects its culture, knowledge and historical relevance. Most of the tools of industrial intelligence fall into the hands of for-profit companies or power-hungry Governments. Digital systems often lack the values and ethics to leave decision-making to the people themselves, which negatively affects minorities.

This has led many organizations, including the United Nations, to advocate positive use of AI techniques aimed …

The Effect Of Immigration On The Acquisition Of Citizenship, Mustafa Jassim Muhammad, Raad Mekdad Mahmoud

Journal of STEPS for Humanities and Social Sciences

Nationality is the basis on which to distinguish nationals from foreigners. Thus, nationality is the basis upon which individuals are protected from dangers, as well as their enjoyment of rights and privileges. In the past, nationality was considered an eternal bond between the individual and the state, but this principle has ceased to exist. The principle of the individual's ability to change his nationality and acquire the nationality of another country in order to obtain a better life than the country in which he enjoyed his original nationality appeared. Migrants in countries of destination due to strict international measures taken …

Franco I Loved: Reconciling The Two Halves Of The Nation’S Only Government-Funded Public Defender Program For Immigrants, Amelia Wilson

Washington Law Review Online

Detained noncitizens experiencing serious intellectual and mental health disabilities are among the most vulnerable immigrant populations in the United States. The Executive Office for Immigration Review’s (EOIR) creation of the National Qualified Representative Program (NQRP) following a class action lawsuit was an important step in finally bringing meaningful protections to this population. The EOIR pledged to ensure government-paid counsel for those facing removal who had been adjudicated “incompetent” by an immigration judge, as well as other protections for those who had been identified as having a “serious mental disorder” but who had not yet been found incompetent. The NQRP is …

Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

Regional Immigration Enforcement, Fatma Marouf

Faculty Scholarship

Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities. The Article then provides an empirical analysis demonstrating enormous variations in how Immigration and Customs Enforcement’s twenty-four field offices engage in federal enforcement around the United States. By analyzing data related to detainers, arrests, removals, and detention across these field offices, the Article demonstrates substantial differences between field offices located in sanctuary and anti-sanctuary regions, as well as …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

Legal Adaptation Of Illegal Immigration In Iraqi Law, Nwras Rashid Taha

Journal of STEPS for Humanities and Social Sciences

In recent years, Iraq has suffered a massive illegal migration as a result of the wars and crises it has experienced, and it is trying to identify the causes of this phenomenon, determine its legal adaptation in Iraqi law, identify the shortcomings of Iraqi legislation, and propose solutions that contribute to reducing illegal immigration.

Assessing The Contribution Of Immigrants To Canada's Nursing And Health Care Support Occupations: A Multi-Scalar Analysis, Rafael Harun, Margaret Walton-Roberts

Social Work and Urban Studies Faculty Research

Background

The World Health Organization adopted the Global Strategy on Human Resources for Health Workforce 2030 in May 2016. It sets specific milestones for improving health workforce planning in member countries, such as developing a health workforce registry by 2020 and ensuring workforce self-sufficiency by halving dependency on foreign-trained health professionals. Canada falls short in achieving these milestones due to the absence of such a registry and a poor understanding of immigrants in the health workforce, particularly nursing and healthcare support occupations. This paper provides a multiscale (Canada, Ontario, and Ontario’s Local Health Integration Networks) overview of immigrant participation in …

Como Si Nunca Hubieran Existido: Los Efectos Mortales De La Prevención A Través De La Disuasión En Sin Nombre Y 7 Soles, Lillian Friedrich

Honors Theses

ABSTRACT

FRIEDRICH, LILLIAN Como si nunca hubieran existido: Los efectos mortales de la prevención a través de la disuasión en Sin Nombre y 7 Soles

ADVISOR: Stephanie A. Mueller, PhD

This thesis analyzes two primary source drama films that center around the process of immigration that Hispanic migrants experience to enter the United States. Sin Nombre, directed by Cary Joji Fukunaga in 2009, shows how Hispanic migrants utilize a train called The Beast to get from Central America to the U.S- Mexico border, facing the dangers of a moving vehicle and gang violence. 7 Soles, directed by Pedro Ultreras in …

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.

Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross

Honors Scholar Theses

Scholarly work and media coverage both point to the negative effect that the rhetoric and policy of former US President Donald Trump had on the lived experience and wellbeing of immigrant groups explicitly targeted by it (i.e., the “Trump effect”). Typically, the focus has been on Muslim and Latino immigrants as well as those less-explicitly targeted but still affected by Trump-era policies, such as temporary workers. This thesis explores whether Black immigrants from the English-speaking Caribbean, a group notably missing from the literature of “Trump effects” on immigrant experiences, experienced similar attitudinal or practical effects as a result of contemporary …

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins

World Languages, Literatures and Cultures Undergraduate Honors Theses

The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …

Immigration In Regard To Economic Labor And Reform, Will Ross, Maryella Mccown, Dylan Stone

Immigration Scholarship: History, Trends and Development in Global Immigration

In the last two presidencies, the United States economy has gone through much development regarding immigration and labor. Many key factors of growth in the economy can be identified pertaining to immigration, such as job fulfillment, innovations, and more productivity. Immigrants arrive in the United States with impressive skills that are needed for many occupations. They also run many of their own businesses and provide food and hospitality services for everyone. A common question that many US citizens wonder is “How do immigrants advantage the United States economy?” By bringing in new skills and ideas that had not been discovered …

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez

Notre Dame Law Review

Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

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

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …

Noncitizens' Rights In The Face Of Prolonged Detention: Johnson V. Arteaga-Martinez, Samantha L. Fawcett

Duke Journal of Constitutional Law & Public Policy Sidebar

Under the Immigration and Nationality Act (the "INA"), codified in part at 8 U.S.C. § 1231, the federal government generally has ninety days to successfully deport a detained noncitizen who has reentered illegally after being removed once before. While exceptions to this time limit exist, the United States Supreme Court determined in 2001 that detention under Section 1231 cannot be indefinite.[1]

Now, more than two decades later, the Court must elaborate further. In Johnson v. Arteaga-Martinez, the Court must decide how long a detainment can last beyond the ninety-day statutory limit while a detainee seeks relief from deportation through …

Crossing Borders: The Overlap And Conflict Of International And Domestic Laws Regarding Refugees And Asylum Seekers, Yunha Hwang, Belle De La Rosa, Editor

Brigham Young University Prelaw Review

The policies of the United States regarding refugees and asylum seekers within the past decade have consistently conflicted with international standards, in regards to the 1951 Refugee Convention and the following 1967 Protocol. Especially in recent years, the United States has been producing a line of increasingly exclusive policies and caps that hinder the resettlement process and as a result, has been causing increased violations against the principles listed in Article 14 of the Universal Declaration of Human Rights (1948). The paper analyzes the discrepancy and overlap between international laws and domestic laws in the United States. Especially at a …

The Right To Remain, Timothy E. Lynch

Faculty Works

No abstract provided.

Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell

Student Publications

The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …