Immigration Law Commons^™

Perlindungan Hukum Irregular Migrant Workers Indonesia Dalam Prespektif Hak Asasi Manusia, Hana Nur Efsari

Jurnal Hukum & Pembangunan

The increase in migrant workers is also accompanied by an increase in various violations of the human rights of migrant workers. Problems of human rights violations are becoming more serious for Irregular Migrant Workers, hence the need for appropriate measures to ensure the protection of their human rights. As an international entity, states are burdened with full rights and responsibilities in protecting, upholding and fulfilling the human rights of precarious migrant workers. Although in Law no. 18 of 2017 concerning the Protection of Migrant Workers does not accommodate non-permanent migrant workers, but they are still individuals whose rights are protected …

Kathryn O. Greenberg Immigration Justice Clinic Protects Woman From Deportation, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2023

Cardozo’s Kathryn O. Greenberg Immigration Justice Clinic has protected a woman from deportation to Haiti, where she faced torture.

Cardozo Alumna Susan Cohen ’85 Pledges $250,000 To Support Kathryn O. Greenberg Immigration Justice Clinic, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2023

Cardozo School of Law alumna Susan Cohen ’85 has pledged $250,000 to establish the Susan J. Cohen Immigration Justice Clinic Case Fund for the Kathryn O. Greenberg Immigration Justice Clinic, the school has announced.

Dreamland: America’S Immigration Lottery In An Age Of Restriction, David Abraham

Articles

No abstract provided.

Viajar A Como Au Pair A Eeuu, ¿Una Experiencia Cultural O Mano De Obra Barata?, Maria M. Fernandez

Capstones

Por medio del programa Au Pair en EEUU, un programa avalado por el Departamento de Estado, miles jóvenes entre 18 y 26 años, en su mayoría latinoamericanas, ingresan al país para convivir de uno a dos años con familias anfitrionas autorizadas por medio de agencias. Estas familias le dan a sus Au Pairs estadía, alimentación y una compensación monetaria semanal por cuidar a los niños de la familia.

A pesar de que la ley enfatiza que el propósito principal del programa Au Pair es brindar un intercambio cultural y educativo entre los participantes, son múltiples las críticas que, por décadas, …

Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust

University of Miami Inter-American Law Review

This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.

Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico

Brooklyn Law Review

A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …

Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper

Brooklyn Law Review

This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …

Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson

Fordham Law Review

The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …

Final Report Of The Mexican Reintegration Project Study, Guillermo J. Garcia Sanchez, Sonia Hernandez, Luz E. Herrera, Angela D. Morrison, Huyen Pham, Nancy Plankey-Videla

Faculty Scholarship

The phenomenon of Mexicans returning to Mexico after an extended stay in the United States is an increasingly important one. Though estimates for the period from 2014 through 2019 show that more Mexicans have migrated to the United States than left, net migration is still well below that of peak net migration from 1995 to 2000. In the period of 2014-2019, the net migration of Mexican nationals to the United States was only 160,000 versus 2.3 million during the period from 1995 to 2000. From 2005–2014, the U.S. experienced an outmigration of Mexican nationals, as more Mexicans left the U.S. …

Reporte Final Del Estudio Del "Proyecto De Reintegración Mexicana", Guillermo J. Garcia Sanchez, Sonia Hernandez, Luz E. Herrera, Angela D. Morrison, Huyen Pham, Nancy Plankey-Videla

Faculty Scholarship

El fenómeno de los mexicanos que estan regresando a México después de una estadía prolongada en Estados Unidos es cada vez más importante. Aunque las estimaciones para el período de 2014 a 2019 muestran que más mexicanos han migrado a Estados Unidos de los que se fueron, la migración neta todavía está muy por debajo del pico de migración neta de 1995 a 2000. En el período de 2014-2019, la migración neta de mexicanos a Estados Unidos era de tan solo 160,000 versus 2.3 millones durante el periodo de 1995 a 2000. Entre 2005 y 2014, Estados Unidos experimentó una …

The Crisis Of Unrepresented Immigrants: Vastly Increasing The Number Of Accredited Representatives Offers The Best Hope For Resolving It, Michele R. Pistone

Faculty Publications

The U.S. immigration system is exceedingly complex, and access to legal representation is the primary determinant in obtaining a just immigration outcome. Immigrants must navigate a byzantine, burdensome, and high-stakes legal process, conducted in a language they often do not speak. They often must do so without any legal representation. Unlike criminal defendants, immigrants are not entitled to government-funded lawyers. Legal services organizations, such as Legal Services Corporation, that receive any federal funding are prohibited from providing legal representation to most immigrants. Faith-based and charitable legal services organizations provide some legal representation to immigrants through attorneys, staff members, and volunteer …

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

All Papers

On April 3, 2019, Andrea and Attila Kiss tried to board an Air Canada Rouge flight from Budapest to Toronto. Andrea’s sister was ailing, and the couple planned to visit Canada for two months to support her family. Their travel was legitimate and lawful. Their documents were in order. But when they lined up to check in, Andrea made a mental note of a fact that was about to become relevant: as members of the Hungarian Roma community, they were the only racialized people in line.

Andrea and Attila did not reach the check-in counter. They were stopped and pulled …

Movie Night: "Angeliki" Courtesy Of Fly Theater, Cardozo For Immigrants' Rights And Equality (Fire)

2023–2024 Flyers

No abstract provided.

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago

Immigration Law Blog

This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.

Citizenship Outside The Courts, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela

Immigration Law Blog

No abstract provided.

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Fire Side Chat With An Immigration Law Solo Practitioner, Cardozo For Immigrants' Rights And Equality (Fire)

2023–2024 Flyers

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker

Reviews

With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …

Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch

Senior Theses

Country-of-origin information reports provide purportedly objective information on the political, economic, security, and humanitarian situation of a certain country. Within the context of asylum adjudication, country-of-origin information reports provide contextual information on the country-of-origin of the person seeking asylum. Academic literature on the legal use and application of these reports is limited, with the majority of research being contained within the European context. This thesis uses interviews with legal practitioners from the United States to investigate the use of country-of-origin information reports in the asylum adjudication process. These interviews revealed the uses of country-of-origin information reports by 3 key actors …

La Curp No Sirve Para Nada: How The Curp And Other Temporary Documentation Fail To Protect The Human Rights Of Migrants In Transit Through Mexico, Harper Hoover

Independent Study Project (ISP) Collection

This work concerns the use of temporary documentation by migrants in transit through Mexico, specifically an identification known as the Clave Única de Registro de Población (CURP.) In recent years, migrants have employed a strategy entailing applying for asylum in Mexico solely to obtain a temporary CURP, falsely believed to provide safe transit through Mexico. Past research on similar temporary documentation concludes that issuing permission to travel through the country is typically ineffective at providing safety from corruption and crime. Documentation also fails at providing reliable access to human rights guaranteed to all by the Mexican Constitution and Immigration Law …

Bringing "Civil"Ity Into Immigration Law: Using The Federal Rules Of Civil Procedure To Fix Immigration Adjudication, Richard Frankel

Vanderbilt Law Review

Government lawyers frequently argue, and courts have frequently held, that noncitizens in removal proceedings do not have the same rights as defendants in criminal proceedings. A common argument made to support this position is that removal proceedings are civil matters. Accordingly, a noncitizen facing deportation has fewer due process protections than a criminal defendant, and deportation proceedings similarly provide fewer protections than criminal proceedings.

In many ways, however, the rules governing immigration proceedings differ markedly from those governing civil actions in court. Immigration proceedings suffer from arcane and hypertechnical procedures that impede immigrants from having their claims reviewed on the …

The Second Amendment's "People" Problem, Pratheepan Gulasekaram

Vanderbilt Law Review

The Second Amendment has a "people" problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited "the people" of the Second Amendment to "law-abiding citizens." In 2022, New York State Rifle & Pistol Ass'n v. Bruen doubled down on the Amendment's self-defense rationales but, once again, framed the right as one possessed by "citizens." In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …

A Rights-Based Approach To Determining Venue For Immigration Removal Hearings, Maleah Bradley

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Writing On The Wall: A Proposal For Reform Of The Office Of Legal Counsel In The Wake Of The Trump Administration's Border Wall, Sean Dalton

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Office of Legal Counsel (OLC) has become a tool for unchecked executive power, particularly evident in the Trump administration's use of legal justifications for controversial actions like the border wall. The author proposes that Congress has the constitutional authority to reform the OLC to ensure accountability and transparency, addressing the imbalance in separation of powers.

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.