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Full-Text Articles in Law

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho Feb 2024

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …


Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho Feb 2024

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …


Human Rights Without Borders, Christian Gonzalez Chacon Jan 2024

Human Rights Without Borders, Christian Gonzalez Chacon

Northwestern Journal of Human Rights

In the current global context, millions of people are forced to migrate

yearly for reasons ranging from persecution and violence, internal armed

conflicts, and forced displacement, to lack of employment and climate

change. In the Americas, we recently witnessed the phenomenon of the

“migrant caravans,” where thousands of people, mostly from the Northern

Triangle of Central America—El Salvador, Honduras, and Guatemala—

were willing to walk hundreds of miles to enter the U.S.-Mexico border to

escape poverty and violence in their countries. Another caravan of close to

10,000 migrants from the Northern Triangle of Central America including

Guatemala, El Salvador and …


Ordeals Of Returnee Bangladeshi Migrant Women Domestic Workers, Md. Mahamudul Haque Dec 2023

Ordeals Of Returnee Bangladeshi Migrant Women Domestic Workers, Md. Mahamudul Haque

Future Journal of Social Science

This article explores the ordeals of returnee female domestic migrant workers of Bangladesh to find out ways help formulate policies by the government. A study has been conducted based on primary and secondary sources. It finds that all types of tortures, including physical, sexual, setting them on afire, forcibly cutting their hair, and hit and falls from rooftop, has to be faced by the women migrant workers. The Bangladeshi female migrant workers have to work for 16-18 hours in a day. They are made untimely repatriation to Bangladesh without pay blaming them for theft or such other false allegations. This …


Commentary On Chy Lung V. Freeman, Julie A. Dahlstrom Oct 2023

Commentary On Chy Lung V. Freeman, Julie A. Dahlstrom

Faculty Scholarship

This chapter is a contribution to the forthcoming volume of Rewritten Immigration Opinions to be published by Cambridge University Press. It offers commentary on the rewritten opinion in Chy Lung v. Freeman, 92 U.S. 275 (1875), authored by Professor Stewart Chang.

In Chy Lung, the Supreme Court struck down a patently racist and gendered California law, allowing allowed state officials to exclude Chinese women suspected of being “lewd” and “debauched” from the United States. In the decision, Justice Samuel Miller, writing for the unanimous Supreme Court, expressed grave concerns about potential abuses of power by immigration officials, and …


Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman Aug 2023

Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman

Refugee Law & Migration Studies Brief

Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …


Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja Aug 2023

Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja

Refugee Law & Migration Studies Brief

First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …


An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville Jul 2023

An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville

Indiana Journal of Law and Social Equality

No abstract provided.


Race, Indigeneity, And Migration, Natsu T. Saito Mar 2023

Race, Indigeneity, And Migration, Natsu T. Saito

Faculty Publications By Year

Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate to various parts of the world and what their rights and responsibilities would be in those locations, as well as the status of those already living in the territories at issue. Genealogical inquiry makes it clear that the imposition of racialized hierarchies, the construction of indigeneity, and the restrictions placed (or not …


Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas Dec 2022

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …


Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla Dec 2022

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.


Letter From The Editor, Isabella Zink Dec 2022

Letter From The Editor, Isabella Zink

Refugee Law & Migration Studies Brief

No abstract provided.


Research Handbook On The Law And Politics Of Migration [Book Review], Nicholas Norton Jul 2022

Research Handbook On The Law And Politics Of Migration [Book Review], Nicholas Norton

Cornell Law Librarians' Publications

No abstract provided.


Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama May 2022

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.


Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney May 2022

Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney

All Dissertations

In an effort to promote economic development, state-level policymakers have exercised discretion over the use of public money to incentivize subsidy packages for decades. Estimates suggest state governments spend approximately $50 billion annually on these initiatives. However, there has been little empirical research about the political and economic benefits received by local residents from these subsidy programs. This dissertation analyzes the effectiveness of state subsidy policy by considering induced economic spillover effects and population attrition rates. It examines how subsidy distribution is related to employment rates, average weekly wages, and population attrition. The project offers two methodological innovations. First, to …


Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania Apr 2022

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania

Faculty Scholarship

The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …


Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara Apr 2022

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …


Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade Mar 2022

Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade

Sustainable Development Law & Policy

No abstract provided.


An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell Feb 2022

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …


Understanding The Nansen Passport: A System Of Manipulation, Kacey Bengel Feb 2022

Understanding The Nansen Passport: A System Of Manipulation, Kacey Bengel

Indiana Journal of Global Legal Studies

The aftermath of World War I, the "war to end all wars," left the world with as many new problems as it did resolutions. State powers tested and expanded the boundaries and interpretations of international law; in the end, there were the triumphant Allied Powers, the heavily wounded Central Powers, and millions of displaced individuals left adrift in the wake. Never before had the international community attempted to address the issue of refugees, and the product of the postwar efforts did not provide a complete solution. This paper will analyze the international community's] response to the massive refugee crisis and …


Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin Jan 2022

Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin

Reports

The Guide on Multisectoral Responses for the Protection of Migrants, Refugees, and Internally Displaced Persons during and after the COVID19 pandemic is an initiative of the Department of Social Inclusion of the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) that offers a situational analysis and promotes a dialogue on proposals to address the particular needs of migrants, refugees, and internally displaced persons in the face of the emergency generated by COVID-19. It also seeks to define proposals with a post-pandemic perspective that provide multisectoral responses to address the needs of vulnerable populations.

This …


Pursuing Citizenship During Covid-19, Ming Hsu Chen Jan 2022

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.


Empathic Solidarity On The Frontline, Julie A. Dahlstrom Jan 2022

Empathic Solidarity On The Frontline, Julie A. Dahlstrom

Faculty Scholarship

Jacqueline Bhabha's important article, The Imperative of Sustaining (Rather Than Destroying) Frontline Empathic Solidarity for Distress Migrants, highlights the pivotal role that "frontline communities" now play in international migration. Bhabha explores how frontline communities frequently lack the infrastructure, political will, and resources to respond adequately to "distress migrants." Yet, she unearths the potential of "empathic solidarity" to counteract bias and, more optimistically, provide a "welcoming and humanizing experience" to migrants. Indeed, in this hopeful, ambitious article, Bhabha posits that empathic solidarity can play a significant generative role for migrants' rights.


What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram Jul 2021

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …


Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana Jul 2021

Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana

Graduate Theses and Dissertations

This research study focuses on the externalization of migration control and its effects on staffmembers of community organizations that serve Central American migrants in transit. While literature on migration enforcement places emphasis on border control and internal removals, research on new forms of migration enforcement has paid little attention to the extension of border control beyond physical borders. This study employed an ethnographic approach to address the overarching question of how community organizers have responded to the adoption of US practices on extraterritorial migration control by the Mexican government while serving migrants in transit. Data collected provide empirical evidence contextual …


"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito Jun 2021

"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito

Honors Theses

This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …


Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed Jun 2021

Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed

International Development, Community and Environment (IDCE)

The purpose of this paper is to add a nuanced understanding to the study of women and migration. By using oral testimonies to conduct this narrative research study I was able to add to growing body of knowledge on women and migration. This study focused on women who arrived in the United States from Northern Ireland, for family the migration process started in Germany. The terms migration, emigration and immigration are used in the paper to describe people in movement within and across national borders. This narrative illustrates some of the consequences when nation states use their power to facilitate …


Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti Jun 2021

Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti

Dissertations, Theses, and Capstone Projects

What is causing the surge in human displacement around the world? Large-scale displacement in Syria, Yemen, Honduras, and Venezuela has generated unprecedented humanitarian crises in Latin America and the Middle East as millions of displaced people end up as refugees or immigrants. Humanitarian organizations like the UNHCR and host countries have had their resources overextended by these ongoing crises, and there is no end in sight. This thesis shows that contemporary human displacement is rooted in the increasing inability of governments to manage their societies amid great political demands and socio-economics strains. These causes are difficult to tackle because they …


Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski May 2021

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …


Biden’S Border Problem, And How To Fix It, Peter Margulies Apr 2021

Biden’S Border Problem, And How To Fix It, Peter Margulies

Law Faculty Scholarship

No abstract provided.