Immigration Law Commons^™

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand, Hungary …

An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters

Georgia Journal of International & Comparative Law

No abstract provided.

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …

Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild

Cardozo Law Review

The article examines the complexities of Brexit, focusing on the integration of EU law into UK law and the challenges of disentangling the two legal systems post-Brexit. It explores key areas such as free movement, environmental law, and the forms of EU law, highlighting the interconnectedness of EU and UK legal frameworks. The author suggests a "sunset clause" approach to manage the transition, allowing EU laws to expire unless explicitly retained, to align with the UK's newfound independence and regulatory autonomy.

La Proteccion De Los Inmigrantes Irregulares En Los Estados Unidos Y La Libertad De Circulacion En Una 'Union Americana', Kristina M. Campbell

Journal Articles

Este artículo es una continuación y ampliación de una propuesta que formulé en 2009, y se plantea si —y cómo— los Estados Unidos pueden apartarse de su actual sistema de regulación de la inmigración punitivo, cuasi-penal y de exigencia dura de su cumplimiento. ¿Es posible para los Estados Unidos y sus vecinos acercarse a un sistema de protección de los refugiados y otros migrantes irregulares del resto de las Américas, modelado sobre el concepto de «libertad de circulación» de la Unión Europea? Si es así, ¿a qué debería parecerse dicho sistema? Permitiendo a todos los ciudadanos de una «Unión Americana» …

Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni

Cardozo International & Comparative Law Review

Current U.S. tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research in law and economics has however cast doubts on the efficiency of this practice. On this basis, some propose abandoning it in favor of gender and race neutral tables. In this article, I contribute to this debate by analyzing from a behavioral law and economics perspective …

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

Biennial Conference: The Social Practice of Human Rights

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning …

Irreconcilable Principles: Minority Rights, Immigration, And A Religious State, Abigael C. Bosch

Indiana Journal of Global Legal Studies

A state formed to attract immigrant settlement in the aftermath of World War II, Israel was founded as an explicitly Jewish, yet democratic state. Israel's democratic and Zionist motivations are readily identifiable in its Declaration of Independence and have pervaded the country's legal landscape since its establishment. In recent years, however, the steady influx of African asylum seekers traveling to Israel in hopes of securing a better life have proven difficult for Israel to manage. Israel's commitment to preserving the state's Jewish character while still maintaining traditional democratic principles like equality creates a scenario where the so-called "infiltrator" asylum seekers …

Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Roman, Ernesto Sagas

American University Law Review

Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would "end birthright citizenship."

In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …

Should We Presume State Protection?, James C. Hathaway, Audrey Macklin

Articles

Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …

Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce

Indiana Journal of Global Legal Studies

People around the world are turning to surrogacy when they are unable to conceive by traditional means. When surrogacy turns traditional notions of parentage upside down, however, countries struggle to find efficient regulations that protect their own citizens, while still recognizing the increasingly global nature of modern society. Children born through surrogacy arrangements between Thai surrogate mothers and Australian intended parents have been confronted with the consequences of inadequate regulation. This note argues that in addition to revising surrogacy legislation to reflect the increasingly transient nature of society, countries must make mirror citizenship reform so children born through surrogacy are …

Immigration And Disability In The United States And Canada, Mark Weber

College of Law Faculty

Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …

State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole

Georgia Journal of International & Comparative Law

No abstract provided.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.

A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard

Georgia Journal of International & Comparative Law

No abstract provided.

The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky

Scholarly Articles

While the High Court in Australia has made it clear that discretion is not to be considered when determining if an applicant may avoid persecution upon returning home, there are concerns that discretion persists in the decision-making process with respect to discrediting identity claims. In addition, the Supreme Court of the United Kingdom handed down a retooled formulation of discretion, which once again created subcategories of applicants and suggested discretion is an appropriate consideration so long as it is not exercised out of a fear of persecution. This discussion will focus on a comparison of the evolution of LGBT asylum …

Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman

Brooklyn Journal of International Law

International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Journal of Law and Policy

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …

Panel I: Fleeing Violence From Latin America, Olga Byrne, Elizabeth Carlson, Walter Ewing, Alice Farmer, Tiffany Nelms, Teresa Woods

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.

Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek

Pace International Law Review

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).

This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.

This article …