Immigration Law Commons^™

Seeking Protection From The Law? Exploring Changing Arguments For U.S. Domestic Violence Asylum Claims And Gendered Resistance By Courts , Richael Faithful

The Modern American

No abstract provided.

Update On Asylum Law: New Hope For Victims Of Domestic Violence , Sandra A. Grossman, María Mañón

The Modern American

No abstract provided.

Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi

Human Rights Brief

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David

American University Law Review

For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …

Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter

American University Law Review

Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.

Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …

Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

Legislative Updates, Shiwali Patel

The Modern American

No abstract provided.

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.

Save Me From Harm: The Consequences Of The Ordinary Remand Rule's Misapplication To Gao V. Gonzales, Brenna Finn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Don't You Be My Neighbor: Restrictive Housing Ordinances As The New Jim Crow , Marisa Bono

The Modern American

No abstract provided.

Immigration Policy And Immigration Flows: A Comparative Analysis Of Immigration Law In The U.S. And Argentina , Adela De La Torre, Julia Mendoza

The Modern American

No abstract provided.

All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd

The Modern American

No abstract provided.

The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito

Human Rights Brief

No abstract provided.

The U Visa Unveiled: Immigrant Crime Victims Freed From Limbo, Jessica Farb

Human Rights Brief

No abstract provided.

For Richer Or Poorer Or Any Other Reason: Adjudicating Immigration Marriage Fraud Cases Within The Scope Of The Constitution , Marcel De Armas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez

The Modern American

No abstract provided.

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

Greasers And Gringos: Latinos, Law, And The American Imagination By Steven W. Bender, Chelsy A. Castro

The Modern American

No abstract provided.

Mistakes In The Making: The Failure Of U.S. Immigration Reform To Protect The Labor Rights Of Undocumented Workers, Lilah S. Rosenblum

Human Rights Brief

No abstract provided.

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …

The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf

American University Law Review

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.

Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …

The Trend Toward The Criminalization And Detention Of Asylum Seekers, Sharon A. Healey

Human Rights Brief

No abstract provided.

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.

A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak

Human Rights Brief

No abstract provided.

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.