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Articles 31 - 60 of 73
Full-Text Articles in Immigration Law
Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans
Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans
Brooklyn Law Review
The Trump administration’s aggressive immigration enforcement campaign calls on hundreds of thousands of local police officers and county sheriffs to identify and detain people suspected of violating federal civil immigration law. The immigration detainer is a key mechanism of Trump’s campaign and is on the rise. A detainer asks local law enforcement officers to hold individuals beyond the period authorized by local law so that federal immigration officials have additional time to take custody of the person. In practice, detainers attach the threat of deportation to any contact with local police. Immigrant rights advocates have challenged the use of detainers …
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
Brooklyn Law Review
In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on account …
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
Brooklyn Journal of International Law
Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
Brooklyn Law Review
The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
Brooklyn Law Review
This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …
Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen
Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen
Brooklyn Law Review
Under 8 U.S.C. § 1226(c), Congress mandates that the Attorney General detain criminal immigrants upon release from prison. The statute neither provides a temporal limitation to detention nor does it afford a criminal immigrant periodic bond hearings to determine whether he or she is a flight risk or danger to the community. Thus, until an immigration judge decides whether a criminal immigrant should be removed from the United States, that person remains detained. With the unprecedent backlog in immigration courts, criminal immigrants are waiting longer for a removal hearing, which means longer time spent in detention with no opportunity for …
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …
Borders, Bans, And Courts In The European Union, Maryellen Fullerton
Borders, Bans, And Courts In The European Union, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
The President's Immigration Courts, Catherine Y. Kim
The President's Immigration Courts, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Brooklyn Journal of International Law
This Note examines the controversy of the EB-5 Immigrant Investor Visa, which was created under the 1990 U.S. Immigration Act. The EB-5 Immigrant Investor Visa was meant to encourage foreign investment in U.S. real estate. Under the EB-5 immigrant visa program, an investor can obtain U.S. permanent residency through the EB-5 category, if the investor fulfills either of the two requirements. After an applicant proves they have met the requirements, the holder of the visa and their immediate family members can begin their paths to citizenship, first through the Greencard program. While created with good intent, the EB-5 visa program …
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …
Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf
Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf
Brooklyn Law Review
U.S. immigration laws provide special protections, benefits, and forms of relief for children. They also provide certain marriage-based benefits and exclusions. However, the most common definitions of “child” in the Immigration and Nationality Act make the existence of a married child into a legal impossibility. In other words, married children are variously treated as either married adults or unmarried children. This article analyzes the treatment of married minors in the immigration system in three contexts: as beneficiaries of spousal petitions; as petitioners for spouses, parents, and siblings; and as beneficiaries of parent-sponsored petitions. The analysis reveals that married minors are …
Refugees And The Primacy Of European Human Rights Law, Maryellen Fullerton
Refugees And The Primacy Of European Human Rights Law, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt
Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt
Brooklyn Law Review
Eligible voters who have left the United States permanently have the right to vote in federal elections as though they still live at their last stateside address. They need not be residents of their former states, be eligible to vote in state and local elections, or pay any state or local taxes. Federal law—the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—forces states to let these former residents vote for President, the Senate, and the House this way. There are several constitutional problems with all of this. Congress heard about many of these problems in the hearings and debates that …
The Wages Of Human Trafficking, Rana M. Jaleel
The Wages Of Human Trafficking, Rana M. Jaleel
Brooklyn Law Review
This article asks a deceptively straightforward question: What is the wrong of human trafficking? If the answer seems obvious, a closer look at anti-trafficking law reveals a doctrinal crisis. Human trafficking law has traditionally concerned itself with movement and how compelled or chosen migration estranges vulnerable people from the locales, customs, and resources that might otherwise shield them from exploitation. According to the U.S. State Department, however, movement is no longer a central element of human trafficking. Instead, “many forms of enslavement” are thought to comprise the core of the crime. The revocation of the movement requirement and the equation …
Asylum Crisis Italian Style: The Dublin Regulation Collides With European Human Rights Law, Maryellen Fullerton
Asylum Crisis Italian Style: The Dublin Regulation Collides With European Human Rights Law, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
And Ain't I A Woman: Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin
And Ain't I A Woman: Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin
Faculty Scholarship
No abstract provided.
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
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
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 …
Comparative Perspectives On Statelessness And Persecution, Maryellen Fullerton
Comparative Perspectives On Statelessness And Persecution, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Immigration Separation Of Powers And The President's Power To Preempt, Catherine Y. Kim
Immigration Separation Of Powers And The President's Power To Preempt, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow
Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow
Faculty Scholarship
No abstract provided.
After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow
After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow
Faculty Scholarship
No abstract provided.
Challenging Detention: Why Immigrant Detainees Receive Less Process Than Enemy Combatants And Why They Deserve More, Faiza Sayed
Challenging Detention: Why Immigrant Detainees Receive Less Process Than Enemy Combatants And Why They Deserve More, Faiza Sayed
Faculty Scholarship
No abstract provided.
Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Faculty Scholarship
No abstract provided.
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union And The United States, Maryellen Fullerton
A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union And The United States, Maryellen Fullerton
Faculty Scholarship
No abstract provided.