Immigration Law Commons^™

Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa

Chicago-Kent Law Review

Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …

A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf

Faculty Scholarship

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …

United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward

Maryland Law Review

No abstract provided.

Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda

Cornell Law Library Prize for Exemplary Student Research Papers

U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015. Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.

The stakes are high—either a new life in the United States, or probable fatality at home if …

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

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

Abstract forthcoming.

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 Normalization Of Immigration Law, Mac Lebuhn

Northwestern Journal of Human Rights

In “The Normalization of Foreign Relations Law,” Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law—it has “normalized” this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their account, which obscures the fact that immigration law, unlike the rest of foreign relations law, has not normalized in nearly the same fashion.

To understand the normalization of immigration law, this paper proposes a theory of rights normalization: the Court has been reluctant to normalize immigration law except where immigrants’ rights …

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.

Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia

Senior Capstone Theses

This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …

2017 Letter To Campus On Immigration, Academic Affairs

University Updates & Communications from the University President

No abstract provided.

Castro V. Department Of Homeland Security: Brief Of Refugee And Human Rights Organizations And Scholars As Amici Curiae In Support Of Petitioner, James C. Hathaway

Appellate Briefs

Amici are thirty-one organizations and scholars who study the implementation of U.S. immigration and asylum laws, advocate for greater asylum seeker protections, and represent indigent asylum claimants in expedited removal proceedings. Amici are well-positioned to describe noncitizens' experiences in expedited removal and how the processes designed to identify asylum seekers are implemented. In addition, amici have an interest in ensuring the fair and just application of immigration laws to individuals who fear return to their country of origin. A complete list of amici is contained in the Appendix.

In the two decades since Congress created the expedited removal process for …

Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez

Law School Blogs

No abstract provided.

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the elements needed …

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” …

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

Faculty Publications

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 …

Introduction: Immigration Crackdown: Examining The Impact Of “Enforcement First” Immigration Policies, Kristina Aragon

Cardozo Law Review de•novo

Cardozo Law Review de•novo’s online symposium, Immigration Crackdown: Examining the Impact of Enforcement First Immigration Policies, provides an analysis of the current immigration landscape in the U.S.; specifically, the enforcement mechanisms used on undocumented immigrants.

Local Police Entanglement With Immigration Enforcement In Georgia, Azadeh Shahshahani

Cardozo Law Review de•novo

The federal government has encouraged local police to assist in apprehending, detaining, and removing undocumented immigrants living in the United States ever since the 1980s. State governments, by themselves, do not have the authority to directly regulate immigrants’ presence or immigration; that power belongs to the federal government pursuant to Article I, Section 8 of the U.S. Constitution’s Commerce Clause, among other sources. However, federal officials have permitted—sometimes even coerced—states to “cooperate” in reporting undocumented immigrants and aiding in “identification, apprehension, detention, or removal” of these immigrants.

Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero

Honors Undergraduate Theses

This Thesis investigates the French asylum seeker legal framework and refugee integration effects based on evidence in government data, non-governmental organizations, and external sources. Specifically, the policies of the protected rights of asylum seekers from history to modern day in relation to its efficiency and respect to human rights. Despite the development of past models through reforms, some shortcomings and discrepancies still exist that adversely affect asylum rights and responsibility sharing among EU nations. A potential system that benefits the applicant in addition to the host country is possible by implementing a model that takes into consideration asylum preferences, socioeconomics, …

Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy

University of Baltimore Law Review

On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals …

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.

Refugees And The Primacy Of European Human Rights Law, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes

Journal Publications

No abstract provided.

Introduction, Brandt Goldstein

Articles & Chapters

No abstract provided.

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann

Notre Dame Journal of Law, Ethics & Public Policy

The recent refugee crisis that swept over many European nations requires an inquiry into how to balance humanitarian concerns with the resources of the respective nations involved. Oftentimes, the approach is purely humanitarian, placing much of the focus on inclusion and resettlement. However, countries that stray from this humanitarian approach are often criticized. This Note aims to offer a new theoretical framework for analyzing a refugee crisis of this scope. It uses Hungary as a case study to demonstrate how history can play a role in how a refugee crisis is handled and to provide concrete examples of a country …

Reconciling Expectations With Reality: The Real Id Act's Corroboration Exception For Otherwise Credible Asylum Applicants, Alexandra Lane Reed

Michigan Law Review

The international community finds itself today in the throes of the largest refugee crisis since World War II. As millions of refugees continue to flee violence and persecution at home, the immediate concern is humanitarian, but in the long-term, the important question becomes: What are our obligations to those who cannot return home? U.S. asylum law is designed not only to offer shelter to legitimate refugees, but also to protect the country from those who seek asylum under false pretenses. Lawmakers and policymakers have struggled to calibrate corroboration requirements for asylum claims with the reality that many legitimate asylum seekers …

Amicus Curaie, Submitted Susan Akram, Susan M. Akram

Faculty Scholarship

Summary of Argument

Palestinian refugees fall under a legal regime that is distinct from all other refugees in the world. As such, they are covered by a series of special provisions that apply only to them and no other refugees. Their special status resulted from the decisions of the drafters of key international treaties to exclude Palestinian refugees from the mandate of the United Nations High Commissioner for Refugees (UNHCR) and the 1954 Convention on the Status of Stateless Persons, and to conditionally exclude them from the benefits of the 1951 Convention on the Status of Refugees.

Three main reasons …

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …