Immigration Law Commons^™

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …

“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer

Student Scholar Symposium Abstracts and Posters

Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action against …

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson’s …

Steve & Anita, Steve, Anita, Tsos

TSOS Interview Gallery

Steve and Anita Canfield helped the Church of Jesus Christ of Latter-day Saints in Turkey. They helped send blankets, coats, and washing machines to Syrian refugees. They were assigned to Frankfurt to assess refugee camps, soup kitchens, warehouses, and immigrant communities. The couple visited refugee camps and soup kitchens all over Europe to determine what was needed most by refugees.

The Canfields established the Friendship Center in Rome. The center offers classes in Italian, English, Italian, and a Red Cross course. It also has a gospel choir, a popular activity for primarily African refugees. The LDS Church has plans to …

Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

Unaccompanied Immigrant Child And Family/Sponsor Community Service System Study: Metropolitan Chicago Area, Adam Avrushin, Maria Vidal De Haymes

Center for the Human Rights of Children

This research report seeks to (1) address research gaps relevant to services for unaccompanied immigrant children within the Chicago metropolitan area, and (2) provide relevant information to stakeholders who can strengthen the systems that support these young people. This report provides an overview of this research project, background information and findings from the study. To date, no research has examined these young people and their families who live in the Chicago metropolitan area, their needs, or the services and systems that can, potentially, meet their needs.

Leaving The Devil You Know: Crime Victimization, Us Deterrence Policy, And The Emigration Decision In Central America, Jonathan T. Hiskey, Abby Córdova, Mary Fran Malone, Diana M. Orcés

Political Science Faculty Publications

Following a sharp increase in the number of border arrivals from the violence-torn countries of Guatemala, El Salvador, and Honduras in the spring and summer of 2014, the United States quickly implemented a strategy designed to prevent such surges by enhancing its detention and deportation efforts. In this article, we examine the emigration decision for citizens living in the high-crime contexts of northern Central America. First, through analysis of survey data across Guatemala, El Salvador, and Honduras, we explore the role crime victimization plays in leading residents of these countries to consider emigration. Next, using survey data collected across twelve …

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.

Syrian Refugees In Turkey: A Security Perspective, Federico Donelli

New England Journal of Public Policy

This study investigates the nexus between the mass movement of people and security and foreign policy behaviors. The assertion is that refugee flows intensify security issues among decision makers and members of society; consequently, new fears and wider perceptions of threats have several implications for foreign policy agenda. The article focuses on the theoretical analysis of the securitization of migration and its impact on foreign policy and security policy. It also analyzes, from a security perspective, the effect on Turkey of the refugees who arrived en masse from Syria during the past six years. The article concludes with an analysis …

Immigration As A Domestic Policy Issue: What Strategy To “Save” Europe?, Germano Dottori

New England Journal of Public Policy

This article analyzes the influence of political orientations in the development of migration policies in the European Union. It lists the forces shaping the political orientations regarding mass migration across Europe and shows how they combine and affect the policies being adopted. The article focuses on the economic and political positions underpinning progressive, liberal options for an open-door policy and the opposing views.

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures, activities, and …

Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola

New England Journal of Public Policy

This article examines international migration from a gender perspective. It asserts that migration can be empowering for women, and at the same time it may exacerbate their vulnerabilities, including abuse and trafficking, particularly when migrants are low skilled or irregular.

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …

Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson

New England Journal of Public Policy

After 2011 the Syrian conflict caused growing numbers of residents to flee to escape escalating regime brutality and deteriorating economic conditions. In addition to a population of up to eight million internally displaced residents, at least four million Syrians fled to neighboring Arab states and Turkey. Conditions in those countries ranged from desperate to uncomfortable, and between 2014 and 2016 up to a million refugees continued on to seek asylum in Europe. In addition to the trauma of displacement the refugees experienced, the migration left traces on the host and transit countries in the form of economic and infrastructural challenges, …

Managing Migration: The Balkans United Against Refugees, Hedvig Morvai, Dragan Djokovic

New England Journal of Public Policy

In 2015, alone, almost a million refugees sought to reach Northwestern Europe by traveling from Turkey, through Greece and Macedonia, and then across Serbia, Hungary, or Croatia, following what became known as the Balkan route. Despite the numerous problems associated with this route, it remained functional until March 8, 2016, when the EU member states reached a deal with Turkey that has put a stop to this particular migrants’ itinerary.

Like the member states of the European Union, the Balkan countries have been dealing with migration problems in an obsolete manner. Wars and their attendant difficulties in Serbia, Croatia, and …

Migration And Conflict, Padraig O’Malley

New England Journal of Public Policy

The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined …

The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti

New England Journal of Public Policy

The Mediterranean Sea has become a huge cemetery: many thousands of migrants have lost their lives trying to cross it in search of a better future. In 2015, more than a million migrants and refugees reached Europe through irregular means, but almost 4,000 went missing and probably drowned. In 2016, 364,000 arrived in Europe and more than 5,000 were lost en route. The arrivals in Italy by sea were 181,436 in 2016 and 119,369 in 2017. While UN organizations and EU governments seem unable or unwilling to face this epoch-making drama, the culture industry has begun to exploit it. Migrant …

Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González

Dissertations, Theses, and Capstone Projects

My dissertation proposes an institutional and agency approach in order to answer a new question to a new set of conditions, processes, and architecture of the new immigration trend for highly skilled immigration in the United States that emerged in the 1990s. The complexification of visa policies for highly skilled immigrants since the 1990s forces many immigrants to follow a multi-step legal pathway to acquire legal permanent residency: first, immigrants have a variety of temporary legal statuses or no legal status, and in a subsequent stage they achieve legal permanent residency. The central question that organizes the dissertation has two …

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

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

Abstract forthcoming

The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos

Gastón Institute Publications

We estimate the number of U.S.-born Latino children that could be potentially affected by proposed Trump Administration changes greatly expanding the scope of the “public charge” test as a basis for denying noncitizens admission to the U.S. or adjustment to lawful permanent resident status. In addition to reducing family-based immigration, the proposed rule’s association of public benefits with adverse immigration consequences is widely expected to cause a drop in public benefit participation not just by noncitizens but by their U.S. citizen children as well. If this proposed change is implemented, Latino families – which include both noncitizen families and “mixed …

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

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

Abstract forthcoming

Re-Victimization And The Asylum Process: Jimenez Ferreira V. Lynch: Re-Assessing The Weight Placed On Credible Fear Interviews In Determining Credibility, Alana Mosley

Minnesota Journal of Law & Inequality

No abstract provided.

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …

Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli

Latino Public Policy

In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.