Law Commons^™

The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family

Cleveland State Law Review

By analyzing both the text of 8 U.S.C. § 1252(f)(1) and relevant Supreme Court precedent, this article attempts to decipher the meaning of § 1252(f)(1). If a federal court were to interpret § 1252(f)(1) to be a broad bar against class-wide injunctive relief, such an interpretation would raise constitutional concerns, as the Supreme Court has ruled that individual actions based on the administrative record of a single hearing are an ineffective means to challenge an immigration pattern or practice of the federal government. The analysis in this article leads to the conclusion that the text of § 1252(f)(1) does not, …

"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau

Fordham Urban Law Journal

This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …

Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson

Fordham Urban Law Journal

This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.

Remarks Of Denyse Sabagh, Denyse Sabagh

University of the District of Columbia Law Review

No abstract provided.

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White

Nevada Law Journal

No abstract provided.

“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner

Maine History

In 1887 the Maine legislature responded to pressures from the Knights of Labor and an increasingly agitated industrial labor force by instituting the Bureau of Industrial and Labor Statistics. The bureau’s job was to examine the state's workplaces and provide information to guide the legislature in making labor law. Reflecting the ideals of the popular Knights of Labor, the bureau initially focused its investigations on female as well as male workers. When the bureau requested that workers fill out questionnaires about their work, hundreds of women responded, leaving a rare first-hand account of women’s attitudes toward their working and living …

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …

Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin

San Diego International Law Journal

This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …

A Decade Of Spouse-Based Immigration Laws: Coverture's Diminishment, But Not Its Demise, Janet Calvo

Northern Illinois University Law Review

This article argues that legacies of coverture and the resulting legal inequality of women remain in spouse-based immigration laws even after several legislative attempts to address some of the underlying issues. First, there has not been a rejection of the notion of spousal control that underlies coverture. The power to petition, which controls the ability of a non-citizen spouse to live and work and have custody of children in the United States, is basically still the prerogative of a citizen or resident spouse. Second, the mail-order bride business continues without significant limitation on the ability of citizens or residents to …

Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell

Dalhousie Law Journal

The Immigration and Refugee Protection Act, which came into force in 2002, and the Regulations under it, expanded family class immigration to include commonlaw partners and conjugal partners in addition to spouses A common-law partner or a conjugal partner may be either an opposite-sex or same-sex partner-as can a spouse, depending upon the currently evolving law with respect to samesex marriage. Under the former Immigration Act, same-sex partners had been admitted pursuant to the discretion to admit immigrants on the basis of compassionate or humanitarian considerations. After examining the admission of same-sex partners under both the former and the current …

Race, Immigration, And The Department Of Homeland Security, Victor C. Romero

Journal Articles

Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.

Yadegar-Sargis V. Ins – Unveiling The Discriminatory World Of U.S. Asylum Laws: The Necessity To Recognize A Gender Category, Tanya Domenica Bosi

NYLS Law Review

No abstract provided.

The Deferred Action Program Of The Bureau Of Citizenship And Immigration Services: A Possible Remedy For Impossible Immigration Cases

San Diego Law Review

This beneficent operations instruction permitted two alternative interpretations, each of which was taken up by the federal courts. In the case of Nicholas v. INS, the petitioner asked the Ninth Circuit Court of Appeals to overrule the district director’s decision to deny his nonpriority status application. The court determined that the operations instruction confers a “substantive benefit upon the alien, rather than setting up an administrative convenience,”and thus is essentially a legislative rule requiring a strict standard of application, and not one allowing the INS a significant amount of discretion. The Fifth Circuit held in Soon Bok Yoon v. INS …

Hiding The Ball: The Need For Abandoning The Immediate Custodian Rule For Writs Of Habeas Corpus Filed By Immigrant Detainees, Michael Beland, Amanda Lesher Olear

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin

Craig B. Mousin

No abstract provided.

Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family

Jill E. Family

North Jersey Media Group, Inc. V. Ashcroft, 308 F.3d 198 (3d Cir. 2002): A Case Note, Dawn M. Weekly

Northern Illinois University Law Review

After the unprecedented terrorist attacks on the United States on September 11, 2001, the government responded with a vast effort aimed at investigation and prevention, which continues to this day. As part of that response, several hundred resident aliens were rounded up for alleged immigration violations and detained, pending removal hearings. This case note will consider the opinion in North Jersey Media Group, Inc. v. Ashcroft which concerns the question of whether the government may issue a blanket closure order for those deportation hearings and bar the public and press from attending.

Foreign Nationals: Phila.’S Untapped Resource, Jill Family

Jill E. Family

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

Much has changed in the world since the last issue of this journal. All is indeed changed and changed utterly. But we have no terrible beauty with which to console ourselves. For the foreseeable future, the debate over whether we live in a unilateral or multilateral world is moot. A new Rome rules with an arrogance only the truly certain can master.

The invasion of Iraq definitively answered the question: What is the New World Order? America is, and America’s order will continue until Americans themselves decide otherwise, and that, in the short term at least, means whether they will …

The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang

All Faculty Scholarship

The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …

Building A Common Frontier Or Deconstructing National Identity?: An Analysis Of The Effort To Centralize Control Of Third Country Immigration In The European Union, Catherine E. Halliday-Roberts

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now."

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Journal Articles

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero

Journal Articles

The purpose of this article is to share some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between birthright and naturalized citizens in the Presidential Eligibility Clause.

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Journal Articles

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Journal Articles

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …

Devolution And Discrimination, Victor C. Romero

Journal Articles

This essay explores the issue of whether discrimination against two historically disadvantaged groups - racial minorities, on the one hand, and gays and lesbians, on the other - might increase or decrease should the federal immigration power devolve to the individual states. I conclude that while the lack of uniformity that accompanies immigration law devolution might lead to undesirable results in welfare reform and criminal law enforcement, and would likely not stem the tide of racism, it might lead to the opening of opportunities for gay Americans to petition their binational partners for immigration benefits. Such a development would turn …

How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner

Scholarly Articles

None available.

Slings And Arrows Of Outrageous Fortune: The Deportation Of "Aggravated Felons", Valerie Neal

Vanderbilt Journal of Transnational Law

Any foreign national who is convicted of an "aggravated felony," as that term is defined in the Immigration and Nationality Act, is subject to deportation from the United States. Deportation of so-called "aggravated felons" is in no way contingent upon the particular facts and circumstances in a given case. More troublingly, on the judiciary has no authority to review a deportation order based "aggravated felony" grounds. In the past decade, Congress has expanded the definition of "aggravated felony" to encompass many minor crimes that are neither aggravated nor felonious.

The deportation of foreign nationals on "aggravated felony" grounds is effectively …

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Journal Articles

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …