Law Commons^™

Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller

University of Arkansas at Little Rock Law Review

No abstract provided.

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 context—a …

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.

Nazi Germany's Race Laws, The United States, And American Indians, Robert J. Miller

St. John's Law Review

(Excerpt)

Most Americans would be shocked to learn that in the 1920s and 1930s Adolf Hitler and Nazi scholars, lawyers, and officials were studying United States law while developing Germany’s policies and laws concerning Jews and the conquest of Eastern Europe. Most Americans would also be surprised that, as the leaders of the Third Reich were turning racist ideas into official German policies, Nazis were carefully studying United States federal Indian law and state laws that discriminated against Indian nations and American Indians.

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

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 …

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 …

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 the books for …

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

Immigration and Human Rights Law Review

No abstract provided.

If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson

Et Cetera

The Trump Presidency left an indelible mark on the U.S. immigration system. From extreme enforcement practices to unconstitutional policies, the vast power of the executive branch and the underutilized strength of the judicial branch was thrust into a harsh light. The failure of lower courts to adequately understand and apply the narrow construction of jurisdiction-limiting statutes created unjust and absurd results on a number of issues, from the targeting of immigration activists for enforcement actions to the so-called Migrant Protection Protocols. The consistent application of Supreme Court precedent allowing for Federal jurisdiction in this area remains absolutely necessary to right …

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 tuition rates …

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

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 restrict cross-border Indigenous …

Robert F. Kennedy And The Attorney General's Referral Authority: A Blueprint For The Biden Administration, Patrick Glen

Hofstra Law Review

For nearly four years, the Trump Administration’s use of the Attorney General’s referral authority has been criticized by the legal left on both substantive and procedural grounds. With the advent of the Biden Administration, however, use of the authority for liberal ends deserves serious consideration. To conclude otherwise would be throwing the baby out with the bath water. This article argues that the referral authority can be used for liberal constructions of the immigration laws, and that the perfect model for the incoming administration is former Attorney General Robert Kennedy and his use of the authority for just such ends. …

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

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, Syria, Libya, …

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 persecution …

International Efforts To Fight Illegal Immigration, Abdullah Ali Abbo

UAEU Law Journal

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 various …

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

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

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals

Marquette Sports Law Review

No abstract provided.

Now The Border Is Everywhere: Why A Border Search Exception Based On Race Can No Longer Stand, Sarah Houston

Mitchell Hamline Law Review

No abstract provided.

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 children with …

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. President Biden …

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

Touro Law Review

No abstract provided.

Examination Of The Effects Of Deportation As A Result Of Revocation Of Status Upon The Rights To Non- Discrimination, Family Unity, And The Best Interests Of The Child: An Empirical Case From Norway, Cecilia M. Bailliet

Human Rights Brief

No abstract provided.

The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp

University of Colorado Law Review

Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.

Migrant Justice Now, Leti Volpp

University of Colorado Law Review

No abstract provided.