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Articles 91 - 120 of 248
Full-Text Articles in Immigration Law
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly
United States Department of Homeland Security
During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
Immigration and Human Rights Law Review
President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants. Individuals …
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Immigration and Human Rights Law Review
Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Immigration and Human Rights Law Review
This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate …
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker
Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker
University of Miami Law Review
The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available suggests …
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Faculty Articles
No abstract provided.
Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez
Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez
CURCE Annual Undergraduate Conference
Dear United States of America: We Are Children is about the way undocumented unaccompanied children are treated by the immigration system in the U.S. I focus on the two different presidential administrations, the Obama and Trump administration. I will started from the Obama administration, fiscal year 2014 and end on the Trump administration, fiscal year of 2018-19. This is important because undocumented children are treated unfairly, they are being thrown from one department to another, denied asylum, deported to their countries that they do not desire to go back, put in cells, and put into the immigration system by themselves. …
North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman
North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman
Northwestern Journal of Human Rights
North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crises in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.
Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain
Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain
Loyola of Los Angeles Law Review
In November 2017, the Trump administration announced its intention to terminate Temporary Protected Status for Haitians in the United States. This Article considers the termination and the lawsuits it prompted, which are helping to define the state of the plenary power doctrine, the breadth of the Fifth Amendment’s equal protection guarantee, and the purchase of the communitarian ideal. This Article also focuses on the lawsuit that the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed. Although this may appear to be a new operational context for the organization, the author describes LDF’s strong interest in ensuring that the federal …
California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez
California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez
Capstone Projects and Master's Theses
California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking CRLA legal services. …
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
Foreign nationals have served in the U.S. military throughout American history. Indeed, in many chapters in U.S. history, they have been encouraged to serve with the promise of expedited avenues for naturalization. However, in recent years, noncitizens have faced increasing hurdles to serving their new country. Citing national security concerns, Congress and the U.S. Department of Defense (DOD) have introduced a series of policies that significantly increase the vetting requirements for noncitizen military recruits and modify the processes by which they are trained and given a chance to naturalize. These new policies have limited the enlistment of noncitizen soldiers, delayed …
Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim
Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim
Loyola of Los Angeles Law Review
No abstract provided.
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
Buffalo Law Review
No abstract provided.
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson
University of Richmond Law Review
When Congress introduced the U visa in 2000, it intended to create a program that not only protected immigrant victims of domestic violence from deportation, but also strengthened law enforcement’s ability to investigate crimes and encouraged victims to report the abuse. Traditionally, immigrant victims are particularly vulnerable to domestic violence and have been provided with few options to leave the relationship without risking their immigration status. However, while the U visa provides immigration protections to broad categories of victims, it contains a unique “helpfulness” requirement that compels victims to continually cooperate with law enforcement in order to receive the necessary …
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Dissertations, Theses, and Capstone Projects
This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …
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 …
Self-Deportation Nation, K-Sue Park
Self-Deportation Nation, K-Sue Park
Georgetown Law Faculty Publications and Other Works
“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen
War, Diplomacy, and Society (MA) Theses
Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, …
A Child Litigant's Right To Counsel, Kevin Lapp
A Child Litigant's Right To Counsel, Kevin Lapp
Loyola of Los Angeles Law Review
As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd
Dissertations, Theses, and Capstone Projects
This thesis will create an argument for how the victims of gang violence from the Northern Triangle nations of El Salvador, Guatemala, and Honduras qualify for asylum in the United States based on a well-founded fear of persecution. An analysis of the legal framework of the asylum system in the United States, profiles of the two largest gangs in the Northern Triangle the Mara Salvatrucha and Barrio 18, a profile of the asylum seekers arriving at the United States border, the criminal activity that the gangs engage in, and the way that this activity is political in nature will form …
British Government Information Resources, Bert Chapman
British Government Information Resources, Bert Chapman
Libraries Faculty and Staff Creative Materials
Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of House …
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Fordham Law Review
On June 15, 2012, the Obama administration announced a significant change in immigration policy: Homeland Security Secretary Janet Napolitano began to instruct immigration officials to defer enforcement actions against those noncitizens who would likely be eligible for relief under the DREAM Act, should Congress choose to pass it. This program, which came to be known as Deferred Action for Childhood Arrivals (DACA), has become the most significant immigration-benefits program in a generation. Not since Congress passed a comprehensive reform bill in 1986, which included a pathway to citizenship, has an immigration program so quickly and positively changed the lives of …
Refuge In A Place Without Refugees, Jane Roarty
Refuge In A Place Without Refugees, Jane Roarty
Independent Study Project (ISP) Collection
The question of who should be given legal status as a refugee has consistently been veiled in discussions of ‘practicality,’ political motives, and inaction. Centered in these discussions tend to be state officials, international organization officials, and academics. More importantly, typically excluded from this assembly of decision makers and the thinkers are those actually and personally affected by the specifics of the term. In Jordan, this discussion is particularly interesting because the government does not legally recognize refugees since the United Nations refused to recognize Palestinians under the 1951 Convention definition. This paper aims to unpack the term refugee: both …
Child Migrants And America’S Evolving Immigration Mission, Shani M. King
Child Migrants And America’S Evolving Immigration Mission, Shani M. King
UF Law Faculty Publications
This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes for a …
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley
Georgia State University Law Review
This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current state …
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
Faculty Scholarship
The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the termination of the DACA program. Beyond the traditional levers of federal immigration control, this administration has also moved aggressively to harness the enforcement power of local and state police to increase interior immigration enforcement. To that end, the administration has employed both voluntary measures (like signing 287(g) agreements deputizing local police to enforce immigration laws) and involuntary measures (threatening to defund jurisdictions with so-called “sanctuary” …
Executive Overreaching In Immigration Adjudication, Fatma Marouf
Executive Overreaching In Immigration Adjudication, Fatma Marouf
Faculty Scholarship
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of interference. First, the Article discusses political interference with immigration adjudicators, including politicized appointments of judges, politicized performance metrics, and politicized training materials. Second, the Article addresses executive interference with the process of adjudication, examining how recent immigration decisions by former Attorney General Jeff Sessions curtail noncitizens’ procedural rights instead of making policy choices and promote …