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Full-Text Articles in Law
The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope
University of Baltimore Journal of International Law
What is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and …
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin
University of Baltimore Journal of International Law
This student comment explores the Palermo Protocol to the United Nation’s Convention Against Transnational Organized Crime, and the United State’s response, the Trafficking Victim’s Protection Act (TVPA). Under the TVPA, the U.S. made a temporary, nonimmigrant visa, the T-Visa, available to trafficking victims illegally located in the U.S., provided that the victim cooperates with law enforcement to prosecute their trafficker. Though at first blush the TVisa seems like a valuable resource to victims who would otherwise find no immigration relief for violations of criminal and immigration law as a result of their victimization, but in practice the flawed process to …
Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay
Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay
All Faculty Scholarship
This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government’s authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress’ commerce authority, into a power that was unmoored from the Constitution, derived from the nation’s “inherent sovereignty,” and subject to extraordinary judicial deference. This framework, which is commonly referred to as the “plenary power doctrine,” has stood for more than a century as an anomaly within American public law. The principal legal and rhetorical rationale for the …