Immigration Law Commons^™

Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade

Washington and Lee Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson

Washington and Lee Law Review

No abstract provided.

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 …

Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann

Fordham Law Review

All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …

Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.

Universal Representation, Lindsay Nash

Fordham Law Review

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …

Universal Representation, Lindsay Nash

Articles

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system's coverage in a number of ways, …

At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies

Law Faculty Scholarship

No abstract provided.

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.

Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

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 Constitutional Case For Extending The Due Process Clause To Asylum Seekers: Revisiting The Entry Fiction After Boumediene, Zainab A. Cheema

Fordham Law Review

In the last two decades, the U.S. Supreme Court has actively grappled with balancing the interests of immigrant detainees and the federal government in the context of prolonged immigration detention by reconciling the statutory framework with constitutional guarantees of due process. The Court has focused on how prolonged detention without an opportunity for an individualized custody determination poses a serious constitutional threat to an alien’s liberty interest. The Court’s jurisprudence has focused, however, on aliens who have effected an entry into the United States. The constitutional entitlements of nonresidents who are detained upon presenting themselves at the border have so …

The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram

Faculty Scholarship

Most Arab countries have not ratified the 1951 Refugee Convention/1967 Protocol or the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness has no ratifications in the Middle East. While regional conventions dealing with refugees in the Arab world have been developed, they have been honoured primarily in the breach. Further, many Arab countries do not have domestic laws governing the status of refugees or stateless persons per se, but have applied ad hoc policies to the waves of refugees that have entered and stayed – some for decades – in …

Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar

Cardozo International & Comparative Law Review

The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.

Immigration Blame, David S. Rubenstein

Fordham Law Review

This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of “immigration blame” have catalyzing effects on the politics, policies, and structures of immigration law. Yoking key insights from a range of social sciences, this Article offers unique perspectives on the operation and design choices of the immigration system. Moreover, through a blame lens, the terms of debate over amnesty, immigration enforcement, the travel ban, sanctuary cities, and …

Missing The Point(S): "Raise-Ing" A Bias Against Extraordinary Talent In The Arts, Ting Ting Lu

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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 …