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Full-Text Articles in Law
The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson
The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson
The Reporter: Social Justice Law Center Magazine
No abstract provided.
Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer A. Cheek, Lindsey Peterson
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, …
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Case Western Reserve Journal of International Law
In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …
Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd
Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd
Societies Without Borders
In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the right-wing message. …
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Case Western Reserve Journal of International Law
This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Case Western Reserve Journal of International Law
Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …
Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson
Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson
Case Western Reserve Law Review
Part I of this Article considers parallel developments in the law that contribute to what can be characterized as the emergence of nothing less than a Latina/o removal system. It first considers the Supreme Court’s implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, perhaps the most well-known example. Second, it summarizes the trend over the last twenty years toward greatly increased cooperation between state and local law enforcement agencies and federal immigration enforcement authorities. Part I proceeds to analyze how and why an increasing number of state and …
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
Societies Without Borders
Police-ICE interoperability, known colloquially by immigrant rights actors as PoliMigra, is the cooperation of state and local law enforcement with federal immigration authorities to enforce federal immigration law. Hailed by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and state and local authorities as a “common sense” approach to immigration enforcement, such collaboration is asserted to aid authorities in identifying and apprehending potential or proven threats to the nation. In contrast, immigrant rights actors argue that the blurring of lines between local police and federal immigration agents ultimately produces vulnerability for communities, both immigrant and native-born. In …
Wired Nation: How The Tea Party Drove An Anti-Immigrant Campaign, Louis Edgar Esparza, Judith Blau
Wired Nation: How The Tea Party Drove An Anti-Immigrant Campaign, Louis Edgar Esparza, Judith Blau
Societies Without Borders
Emails written by activists mobilized by organizations affiliated with the tea party and supporting anti-immigrant legislation illustrate two primary kinds of tea party activists. Most activists articulate economic grievances and employ paralogical argumentation that, for them, resolves real grievances with anti-immigrant state policy. A smaller set stands against illegal immigration, a priori. Surprisingly, we also find that this email mobilization attracted a significant number of counter-protest emails. We conclude that tea party activists have channeled energy originating from legitimate grievances into scapegoating immigrant groups in Arizona in the campaign to support SB 1070. On the tenth anniversary of SSF, we …
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Immigration At The Turn Of The New Century, Peter H. Schuck
Immigration At The Turn Of The New Century, Peter H. Schuck
Case Western Reserve Journal of International Law
No abstract provided.
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Case Western Reserve Journal of International Law
No abstract provided.
The Immigrant Investor Program: Cleaning Up Canada's Act, James D. Derosa
The Immigrant Investor Program: Cleaning Up Canada's Act, James D. Derosa
Case Western Reserve Journal of International Law
No abstract provided.
Judicial Review Of The Administrative Denial Of Employment Certification To Aliens, Anastasius Efstratiades
Judicial Review Of The Administrative Denial Of Employment Certification To Aliens, Anastasius Efstratiades
Case Western Reserve Journal of International Law
No abstract provided.
Mental Illness Exclusions In United States Immigration Procedure, James E. Moore
Mental Illness Exclusions In United States Immigration Procedure, James E. Moore
Case Western Reserve Journal of International Law
No abstract provided.