Immigration Law Commons^™

Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …

How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi

UF Law Faculty Publications

In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.

Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.

2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Violence Against Women Act, Implicit Bias, And Judicial Training, Lorena Espino-Piepp

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Violence Against Women Act (VAWA) must be amended to include implicit bias training for Family Court judges and staff to address the systemic barriers faced by undocumented Latina immigrant women in accessing justice. These women often face compounded discrimination based on race, ethnicity, and immigration status, which undermines their ability to obtain immigration relief through VAWA protections. The author contends that without such training, the judicial system perpetuates inequities, as judges and court personnel rely on stereotypes that disproportionately harm women of color.

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips

Dissertations, Theses, and Capstone Projects

The present study was a test and extension of the Dual Process Model of bias on attitudes toward immigrants and immigration policy in the United States. The Dual Process Model predicts that people who score higher on either the Social Dominance Orientation scale or the Right Wing Authoritarian scale will hold more negative attitudes toward immigrants, particularly if immigrants are viewed as a threat. A sample of 315 participants from across the United States was recruited using Amazon’s M Turk site. This study used a combination of attitudinal measures, policy scales, and experimental vignettes. The study found that the Dual …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Alternatives To Immigration Detention, Fatma E. Marouf

Cardozo Law Review

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld

Buffalo Law Review

No abstract provided.

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

University of Richmond Law Review

This article discusses the impact that the incorporation of migration enforcement has had on the criminal justice system and the way in which it has exacerbated pre-existing problems within it. Part I discusses the drastic expansion of the criminal justice system over the last forty years and the fiscal and moral costs it has had. Part II discusses how crimmigration has impacted the criminal justice system, its laws, policies, and practices during the last thirty years. Part III discusses the rise of the Smart on Crime movement and the goals of the criminal justice reform efforts to combat its detrimental …

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen

Maine Law Review

The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment, …

Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

Crimmigration-Counterterrorism, Margaret Hu

Scholarly Articles

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

Faculty Articles and Other Publications

Over the last decade, a new push for criminal justice reform has taken hold. While the moral and fiscal costs have been exorbitant over the last forty years, failing state budgets and bipartisan recognition of the “broken” system have finally caused legislatures, politicians, and advocates to reassess the costs and benefits of the criminal justice system. Breaking the “tough on crime/soft on crime” binary, the “smart on crime” motto has become a helpful tool in reform efforts aimed at reducing the number of individuals incarcerated and ensuring its fairness, regardless of race and socioeconomic status. Little attention, however, has been …

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari Hong

Cardozo Law Review de•novo

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane.

The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons

Cardozo Law Review de•novo

For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.

Fundamentally Unfair: Databases, Deportation, And The Crimmigrant Gang Member, Katherine Conway

American University Law Review

Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald j Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of "criminal conduct" for immigration enforcement purposes, touting a renewed focus on immigrant gangs and cartels, and conducting several nation-wide anti-gang sweeps that placed an estimated 1095 "known" gang members in Immigration and Customs Enforcement (ICE) custody. But the Trump Administration did not create the specter of the criminal immigrant, or "crimmigrant," gang member, nor did it create the detection …

War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner

Book Chapters

International humanitarian law (IHL) and international criminal law (ICL) are the product of lawmaking processes that are not captured in the black-letter doctrine of sources under which Article 38 of the ICJ Statute is the rule of recognition for international law. Despite efforts by certain institutional players and scholars to place these two regimes squarely within Article 38, both remain distinct in terms of how actors determine whether a purported rule is a legal rule. These distinctions constitute a challenge to the idea of a unified rule of recognition and argue instead for looking for indicators (not rules) about a …

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Domestic Violence Asylum And The Perpetuation Of The Victimization Narrative, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Pitiful. Helpless. Powerless. The words often used to describe survivors of domestic violence conjure a vivid and specific image of a woman lacking both strength and agency. These (mis)conceptions stem from the theories of “Battered Woman Syndrome” and “learned helplessness,” developed in 1979 by psychologist Lenore Walker, who hypothesized that intimate partner abuse ultimately causes a woman to resign herself to her fate and cease efforts to free herself from violence or dangerous situations.

Although widely criticized, learned helplessness has permeated the legal establishment, for example, serving as the foundation for mandatory arrest and “no drop” policies in the criminal …

Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann

Michigan Law Review

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit read “when …