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Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez May 2022

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 Apr 2022

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 was ...


Special Education No Man's Land, Adrián E. Alvarez Apr 2022

Special Education No Man's Land, Adrián E. Alvarez

St. John's Law Review

(Excerpt)

Since 2014, unaccompanied immigrant children have migrated to the United States in staggering numbers. The vast majority come from the Northern Triangle countries of Central America—El Salvador, Guatemala, and Honduras—and many are fleeing some of the highest homicide rates in the world. Immigration lawyers have highlighted many problems with the federal regime that cares for these children before they are released to family members or other adults living in the United States while their immigration cases move forward. Yet there is one group of unaccompanied minors that is not even on the radar of many advocates: unaccompanied ...


Crossing Borders: The Overlap And Conflict Of International And Domestic Laws Regarding Refugees And Asylum Seekers, Yunha Hwang, Belle De La Rosa, Editor Apr 2022

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 ...


A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr. Jan 2022

A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.

Journal of the National Association of Administrative Law Judiciary

Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and ...


Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson Jan 2022

Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson

St. John's Law Review

(Excerpt)

American suffragist Elizabeth Cady Stanton famously wrote: “We hold these truths to be self-evident; that all men and women are created equal.” Yet when suffragettes spoke of “all” men and women, they were clear about exceptions. Immigrants did not qualify. Indeed, in her own address at the First Women’s Rights Convention, held in Seneca Falls, New York, in July 1848, Stanton said that “to have . . . ignorant foreigners . . . fully recognized, while we ourselves are thrust out from all the rights that belong to citizens, it is too grossly insulting to the dignity of woman to be longer quietly submitted ...


One Of The Greatest Human Tragedies Of Our Time: The U.N., Biden, And A Missed Opportunity To Abolish Immigration Prisons, Lauren E. Bartlett Jan 2022

One Of The Greatest Human Tragedies Of Our Time: The U.N., Biden, And A Missed Opportunity To Abolish Immigration Prisons, Lauren E. Bartlett

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Judical Line-Drawing And The Court's Failure To Protect Immigrants, Zoe Graham Jan 2022

Judical Line-Drawing And The Court's Failure To Protect Immigrants, Zoe Graham

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Punishment And Prejudice: Reproductive Coercion In Immigration And Customs Enforcement Detention Centers, Inka Skłodowska Boehm Jan 2022

Punishment And Prejudice: Reproductive Coercion In Immigration And Customs Enforcement Detention Centers, Inka Skłodowska Boehm

American University Journal of Gender, Social Policy & the Law

Introduction

Pauline Binam arrived in the United States from Cameroon as a toddler, with no notion of the dangers her new home had in store. At twenty-eight years old, Pauline found herself separated from her daughter and awaiting deportation in the Irwin County Detention Center in Ocilla, Georgia. Pauline consented to what she believed was a minor procedure after suffering from irregular menstrual bleeding, an ailment likely triggered by her two-year confinement. Unbeknownst to Pauline, the doctor removed one of her fallopian tubes, barring her ability to give birth to more children. A year later, Pauline came forward following a ...


Protecting The Substantive Due Process Rights Of Immigrant Detainees: Using Covid-19 To Create A New Analogy, Liamarie Quinde Jan 2022

Protecting The Substantive Due Process Rights Of Immigrant Detainees: Using Covid-19 To Create A New Analogy, Liamarie Quinde

Journal of Criminal Law and Criminology

While the Supreme Court has defined certain constitutional protections for incarcerated individuals, the Court has never clearly defined the due process rights of immigrant detainees in the United States. Instead, the Supreme Court defers to the due process protections set by Congress when enacting U.S. immigration law. Increasingly, the federal courts defer to Congress and the Executive’s plenary power over immigration law and enforcement. This has resulted in little intervention in immigration matters by the federal courts, causing the difference between immigration detention and criminal incarceration to diminish in both organization and appearance. Immigration detention, however, is a ...


We’Ll Protect You! Oh, Wait, But Not You. Or You, You, Or You: The Consequences Of The Court’S Major Undertaking In Department Of Homeland Security V. Thuraissigiam, Jae Lynn Huckaba Nov 2021

We’Ll Protect You! Oh, Wait, But Not You. Or You, You, Or You: The Consequences Of The Court’S Major Undertaking In Department Of Homeland Security V. Thuraissigiam, Jae Lynn Huckaba

University of Miami Law Review

For centuries, the writ of habeas corpus has been used to test the legality of restraints on a person’s freedom. The Founders, recognizing the significance of the protection, incorporated the writ into the Suspension Clause of our Constitution. In the last century, the Supreme Court has repeatedly held that noncitizens may invoke the Suspension Clause. Courts, especially in the immigration context, also expanded the definition of “in custody” for the purpose of habeas corpus to included non-detained persons in removal proceedings. The Supreme Court has departed from such precedent and gave new meaning to habeas corpus in the immigration ...


Judicial Deference Of The Board Of Immigration Appeals’ Regulatory Interpretations In Light Of Kisor V. Wilkie, Melissa Fullmer Oct 2021

Judicial Deference Of The Board Of Immigration Appeals’ Regulatory Interpretations In Light Of Kisor V. Wilkie, Melissa Fullmer

St. Mary's Law Journal

Abstract forthcoming.


A Human Rights Crisis Under Our Roof, Aglae Eufracio Oct 2021

A Human Rights Crisis Under Our Roof, Aglae Eufracio

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

Abstract forthcoming.


Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders Sep 2021

Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders

Georgia State University Law Review

Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the intersection of anti-Black racism and interrogates how foundational immigration laws that exist outside constitutional norms have rendered Black immigrants invisible. At this intersection, Black immigrants experience a double bind where enforcement of immigration laws and the criminal legal system have a disparate impact resulting in disproportionate incarceration and deportation.

First, the Article ...


Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos Jul 2021

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on ...


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman Jun 2021

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Abstract forthcoming.


Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard May 2021

Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard

Immigration and Human Rights Law Review

No abstract provided.


Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen Apr 2021

Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen

Brigham Young University Prelaw Review

In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With ...


Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor Apr 2021

Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor

Brigham Young University Prelaw Review

The United States laws, regulations, and political discourse surrounding migration is rife with varying sensitivities. These include but are not limited to the physically, emotionally, and mentally exigent circumstances that cause women and girls of many ages and nationalities to flee their home countries for the United States. Because of the structure of American immigration law and the impactful measures taken by the Trump administration, we argue the language found in the Immigration and Nationality Act neglects to address gender-specific persecution, which renders the already difficult process of seeking asylum still more challenging for women hoping to migrate to the ...


Let Indians Decide: How Restricting Border Passage By Blood Quantum Infringes On Tribal Sovereignty, Rebekah Ross Mar 2021

Let Indians Decide: How Restricting Border Passage By Blood Quantum Infringes On Tribal Sovereignty, Rebekah Ross

Washington Law Review

American immigration laws have been explicitly racial throughout most of the country’s history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)—all but one. Section 289 of the INA allows “American Indians born in Canada” to freely cross into the United States if they possess at least 50% blood “of the American Indian race.” Such American Indians cannot be prohibited from entering the United States and can obtain lawful permanent residence status—if they meet the blood quantum requirement. Such racialized immigration controls arbitrarily ...


Beirut And Its Vicinity At The End Of The Nineteenth Century And The Beginning Of The Twentieth Century بيروت وجوارها في نهاية القرن التاسع عشر وبداية القرن العشرين, Mustafa Ozturk, Ghina Mrad Feb 2021

Beirut And Its Vicinity At The End Of The Nineteenth Century And The Beginning Of The Twentieth Century بيروت وجوارها في نهاية القرن التاسع عشر وبداية القرن العشرين, Mustafa Ozturk, Ghina Mrad

BAU Journal - Society, Culture and Human Behavior

ABSTRACT: This research presents how to build the Vilayet of Beirut, which at the beginning of the Ottoman period was a province affiliated with the Levant, but later became an independent state in 1888, due to its important strategic location and its port, which was considered the only port of Syria. Until it attracted the attention of Western countries, which found in it an important center and location for expansion and spread in the region. So it began to expand its activities by opening many missionary schools and a number of literary, artistic and political societies that promoted Western culture ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips Feb 2021

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

The Trump Administration’s immigration policies consistently targeted immigrants, refugees, children, victims of gang violence, and individuals classified as “public charges.” For example, one of former President Trump’s first Executive Orders increased detention of immigrants at the border, including women and children, and limited access to asylum nationwide by expanding expedited removal. Another Order issued the very same day cut federal funding to “sanctuary cities” —jurisdictions that refuse to cooperate with federal authorities in enforcing immigration laws for the sake of protecting immigrant communities. And still another originally suspended the issuance of visas to nationals from Iran, Iraq, Sudan ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips Feb 2021

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death by MS-13 because his sister fled the country to avoid becoming a gang leader’s girlfriend. It contends not only that Portillo-Flores is inconsistent with general immigration standards, but also that the Fourth Circuit committed two main legal errors. First, the Fourth Circuit erred in requiring that Portillo-Flores should have reported the ...


International Efforts To Fight Illegal Immigration, Abdullah Ali Abbo Feb 2021

International Efforts To Fight Illegal Immigration, Abdullah Ali Abbo

Journal Sharia and Law

The phenomenon of illegal immigration is one of the serious problems facing the international community as a whole. This phenomenon means the entry of person(s) to a country other than their country illegally or in an irregular way.

This phenomenon has several terms such as irregular immigration, illegal immigration, and illegitimate immigration, hidden or covert immigration. All of these terms mean, in the end, the illegality of this migration in the consideration of national and international law.

This phenomenon has evolved by the development of relations among countries, and different economic and social conditions and political conditions in the ...


Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer A. Cheek, Lindsey Peterson Feb 2021

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer A. Cheek, Lindsey Peterson

Societies Without Borders

Human trafficking is a global phenomenon, which is sometimes conflated with other cross-national social problems. While trafficking certainly occurs within countries, much of it occurs across borders. In this paper we examine one of the only available datasets that addresses individual concern about human trafficking: the Eurobarometer 2003. Individual concern about human trafficking matters, especially in democracies, because government policy is in part shaped by citizen preferences. When democratic governments are not responsive to citizens, they risk being voted out in the next election cycle. What we find is that concern for human trafficking varies by gender, age, marital status ...


The Sanctuary City Project, Sergio De La Torre Jan 2021

The Sanctuary City Project, Sergio De La Torre

Journal of Interdisciplinary Perspectives and Scholarship

Artist, curator, and professor Sergio De La Torre discusses his work with The Sanctuary City Project, which is an ongoing community-based participatory project that develops deeper conversations and awareness about immigration issues often times transforming oral history into visual representations.


An Analysis Of Immigration Law And Potential Recourse For World Cup 2026 Players, Breanna M. Moe Jan 2021

An Analysis Of Immigration Law And Potential Recourse For World Cup 2026 Players, Breanna M. Moe

Marquette Sports Law Review

No abstract provided.


Index: Sports Law In Law Reviews And Journals Jan 2021

Index: Sports Law In Law Reviews And Journals

Marquette Sports Law Review

No abstract provided.


Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher Jan 2021

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

Touro Law Review

No abstract provided.


Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman Jan 2021

Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman

Touro Law Review

The years of the Trump Administration have certainly been some of the most divisive in modern American political history. One of the largest divides arose from former President Trump’s brazen, “zero tolerance” immigration policies that relentlessly attacked many forms of immigration coming into the United States. Asylum-based immigration, which allows immigrants to come to this country as a safe haven when they are fleeing persecution in their home countries, was one of former President Trump’s main targets. Former President Trump even came dangerously close to eliminating asylum-based immigration with his “Death to Asylum” policy in December of 2020 ...