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Articles 1 - 18 of 18
Full-Text Articles in Law
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
University of Arkansas at Little Rock Law Review
No abstract provided.
Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali
Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali
Indiana Journal of Global Legal Studies
This note analyzes the US Government's approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children's rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also …
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
Georgia State University Law Review
This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family unit and …
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
The School To Deportation Pipeline, Laila L. Hlass
The School To Deportation Pipeline, Laila L. Hlass
Georgia State University Law Review
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.
Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves in …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dalhousie Law Journal
Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Brooklyn Journal of International Law
International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Akron Law Review
The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …
The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles
The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles
Nevada Law Journal
No abstract provided.
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
NYLS Law Review
No abstract provided.
Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz
Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz
NYLS Law Review
No abstract provided.
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
University of Arkansas at Little Rock Law Review
No abstract provided.