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The “Arizonification” Of Immigration Law: Implications Of Chamber Of Commerce V. Whiting For State And Local Immigration Laws, Marisa S. Cianciarulo
The “Arizonification” Of Immigration Law: Implications Of Chamber Of Commerce V. Whiting For State And Local Immigration Laws, Marisa S. Cianciarulo
Marisa S. Cianciarulo
This article explores the validity of state and local immigration-related legislation through the lens of the recent Supreme Court decision in Chamber of Commerce of the United States v. Whiting. Whiting upheld the Legal Arizona Workers Act of 2007, a state law governing through licensing provisions the employment of unauthorized alien workers. The article examines the implications that this decision will have for state and local immigration-related laws, primarily the Hazleton, Pennsylvania Illegal Immigration Reform Act Ordinance of 2006 and the Support Our Law Enforcement and Safe Neighborhoods Act of Arizona of 2010, otherwise known as S.B. 1070. Both of …
Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo
Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Intimate partner violence has been recognized by asylum-providing countries as a form of persecution. Nevertheless, it has often been difficult for battered women to establish their eligibility for asylum. Frustratingly, it is often the public/private distinction that is the culprit in the failure of survivors of intimate partner violence to prove their asylum claims. Adjudicators of asylum claims often view intimate partner violence as a private matter: a husband harming his wife on account of personal reasons. This scenario stands in stark contrast to the more traditional asylum claim: an agent of the state harming a citizen on account of …