Immigration Law Commons^™

“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga

Michigan Journal of Race and Law

This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview of the …

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar

Theses and Dissertations

In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …

دور الخبرة في الإثبات أمام القضاء الـدولي -دراسة مقارنة -بين محكمة العدل الدولية والنظام القضائي في منظمة التجارة العالمية الباحث فراس الحسن

UAEU Law Journal

إن المهمة الرئيسة للقضاة الدوليين-كقضاة محكمة العدل الدولية وأعضاء فرق تسوية النزاعات في النظام القضائي لمنظمة التجارة العالمية-الناظرين في النزاعات المعروضة أمامهم هي حل الإشكالات القانونية التي تنطوي عليها تلك النزاعات، وفي النزاعات التي لها جوانب علمية أو تقنية يكون للهيئة القضائية سلطة تقديرية للإجابة على أسئلةٍ علمية أو تقنية في سياق هذا النزاع قد تكون جوهرية لحل النزاع. وإنه لمن غير المعقول أن يكون للقضاة الدوليين معرفة في شتى المجالات التي قد تكون محلاً لنزاعاتٍ دولية، وبالتالي يتعين عليهم الاستعانة بالخبراء الذين تزداد أهميتهم في حل النزاعات الدولية نظراً للازدياد المضطرد في عدد النزاعات التي تحوي جوانب علمية أو …

Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone

Faculty Publications

Using disruptive innovation theory as a guidepost, this Article analyzes what is happening in the market for legal services and legal education. Disruption theory is also used to try to anticipate future developments in the market for legal education.

Guided by this theory, this Article discusses a new model of education about the law implemented in anticipation of inevitable changes in the market for legal education.The new online educational program is being modeled in the field of immigration law to train more students about immigration law with the goal of increasing the pool of people qualified to apply to become …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …

A Land Of Opportunity, Suzi Morales

Maryland Carey Law

No abstract provided.

Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz

Scholarly Articles

A federally funded universal representation program can serve as a practical first step toward the abolition of immigration detention and the other harsh enforcement mechanisms that are utilized today. While abolition is typically an ideology espoused by a small subsection of the general population, its purpose can be achieved through a less partisan and broader reaching ideal -- fiscal efficiency and responsibility. By demonstrating that the provision of counsel and other wrap around services is significantly less costly than immigration detention, while also showing that providing counsel and wrap around services is an extremely effective way to ensure compliance, this …

“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, Benjamin Gonzalez O'Brien

Maryland Journal of International Law

No abstract provided.

Shurooq, Shurooq, Brandi Kilmer, Sherianne Schow, Nicole Taylor, Sasha Sloan

TSOS Interview Gallery

Shurooq fled Iraq and came to the United States when she was 12. Iraq was a beautiful place full of family and celebration. Her brother passed away from leukemia 1 1/2 years prior to coming to the States. Prior to his death, their father took him to Syria to for treatment. He passed in Syria. Although the family had applied for a medical visa to the United States, upon Shurooq’s brother’s passing, they received threats and knew they could not stay. The call came for the visa and all but her mother were able to come. Thankfully her mother arrived …

Terrorism And The Inherent Right To Self-Defense In Immigration Law, Faiza Sayed

Faculty Scholarship

No abstract provided.

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian

Journal of Health Care Law and Policy

No abstract provided.

How To Protect Daca & Dreamers After The United States Supreme Court’S Decision In Department Of Homeland Security V. Regents Of The University Of California, 54 Uic L. Rev. 1037 (2021), Megan Moleski

UIC Law Review

No abstract provided.

The Folly Of The Famous Family: Why Matter Of L-E- A-’S Definition Of Distinction Does Not Merit Deference, Danielle L. Schmalz Fullam

Connecticut Law Review

Attorney General Barr abruptly changed the course of asylum law in the United States on July 29, 2019, in his decision in Matter of L-E-A-. Barr declared that usually, family-based, particular social group asylum claims would fail due to a lack of specific social distinction. Essentially, Barr decided that in order to constitute a cognizable particular social group, a family would have to be well-known within the society in question. While social distinction has been a component of asylum law jurisprudence for some time, never before was there the requirement of specific social distinction. Despite making a major change to …

How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris

Human Rights Brief

No abstract provided.

Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

A Free Pass On Racism: Immigration And The Equal Protection Doctrine, Kara Hartzler

Maryland Journal of International Law

No abstract provided.

Deconstructing Race In Immigration Law’S Origin Stories, Karla Mckanders

Maryland Journal of International Law

No abstract provided.

From Apology To Action: A Comment On Transitional Justice In The United States And Canada, Victoria Roman

Maryland Journal of International Law

No abstract provided.

Prosecutorial Discretion And Immigration Arrest: How Criminal Arrests Set Immigration Enforcement Priorities, Eisha Jain

Maryland Journal of International Law

No abstract provided.

Accessing Justice: A Call For Reparations For The Survivors Of Medical Abuse At The Irwin County Detention Center, Amelia Wilson

Maryland Journal of International Law

No abstract provided.

The Effects Of Covid-19 On A Damaged System: How The Pandemic Exacerbated The Violation Of International Human Rights In The United States Immigration Detention Facilities, Alyson Sutton

Law in a Post-Pandemic World

This blog post highlights several issues within immigration detention facilities in the United States that violate International Human Rights Laws and how the pandemic further exacerbated them.

Tenants Without Rights: Immigrants’ Experiences In The U.S. Low-Income Housing Market, Mekonnen Firew Ayano

Journal Articles

Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their situations highlight the disconnect between tenant rights law and the deleterious conditions of informal residential tenancies. Tenant rights law confers a variety of rights and remedies to a residential tenant if the renter has exclusive possession of the premises. If the renter lacks exclusive possession, courts typically characterize the …

Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren

Articles

No abstract provided.

Work And Employment For Daca Recipients, Geoffrey Heeren

Articles

No abstract provided.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …