Immigration Law Commons^™

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé

Michigan Law Review

In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.

Federal immigration officials’ use of peripheral detention and transfer significantly …

In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough

Michigan Law Review

Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …

The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee

Immigration and Human Rights Law Review

The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …

Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki

Immigration and Human Rights Law Review

Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.

False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton

Immigration and Human Rights Law Review

No abstract provided.

Italian And Eu Funding Of The Libyan Coast Guard: How Italian External Border Immigration Policies Have Created Crimes Against Humanity, Public Ignorance, And Legal Accountability Issues, Andrea Beck

Immigration and Human Rights Law Review

No abstract provided.

287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers

Immigration and Human Rights Law Review

Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …

Barriers At The Border: The Impact Of United States Immigration Policy On Multi-Host Sporting Events, Phoebe Cooper

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Changemakers: Juris Doctorate: Saad Ahmad: Immigration Lawyer Saad Ahmad L'00 Shows That Appellate Practice Isn't Just For Large Firms, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Climate Change And The Future Of Immigration, Rebekah Johnson

Immigration Law Blog

No abstract provided.

From Improper Care To Inadequate Remedies: Continued Discriminatory Treatment Of Migrant Women In The United States Healthcare System, Hannah Finch

Immigration Law Blog

No abstract provided.

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

Reparative Citizenship, Amanda Frost

William & Mary Law Review

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This Article argues that the United States can atone for these transgressions by granting “reparative citizenship” to those individuals and their descendants, following the lead of several European countries who have recently provided such relief for those wrongly expelled or excluded in …

“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza

Arkansas Law Review

Two federal programs hold their beneficiaries in limbo: DACA and Social Security. This Comment demonstrates that creating a citizenship pathway for the DACA population will not only give these deserving individuals the ability and security to remain in the United States but will also provide relief to Social Security’s impending insolvency through the influx of taxes that these then citizens will contribute as a result of increased opportunities. At the same time, this Comment does not attempt to portray its argument as a “silver bullet.” Rather, this approach is one tool that can be utilized by legislative efforts to remedy …

P*Law 2024, Center For Public Service Law

2023–2024 Flyers

This document outlines the full schedule for P*LAW Week 2024 at Cardozo School of Law, hosted by the Center for Public Service Law. Held from January 29 to February 1, the week featured panels, workshops, and student-led presentations on critical public interest topics, including immigration, incarceration, housing justice, student debt, reproductive rights, and exoneration. With contributions from legal professionals, alumni, faculty, and students, the events provided education, mentorship, and career development opportunities for those pursuing paths in public interest law.

Hope Or Hostility On The Forefront: Challenges At The Southwest Border, Pretima Persaud

Immigration Law Blog

No abstract provided.

Protecting The Human Rights Of Venezuelan Migrants And Refugees In The United States, Luis David Escorcia Pimienta

Immigration Law Blog

No abstract provided.

2018 1st Place: Waking Up From A Dream, Josue Andaluz

Harrisburg University Research Symposium: Highlighting Research, Innovation, & Creativity

About the current issue of the DACA program.

Opting Out Of The Exception: Washington’S Opportunity To Provide Due Process For Detained Immigrants, Ryan Saunders

Seattle Journal for Social Justice

No abstract provided.

Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete

Seattle Journal for Social Justice

No abstract provided.

An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South

Scholarly Works

This report analyzes information received in response to Freedom of Information Act requests to ICE about 287(g) agreements and detainer requests issued between fiscal year 2016 to 2020 in those states. This report concludes with specific recommendations for local, state, and federal governments to end LLE-ICE collaboration and repeal anti-immigrant policies.

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Displacing Climate Precarity, Camila Bustos, Julia Neusner

Elisabeth Haub School of Law Faculty Publications

In this Essay, we explore these questions and present a two-part argument. In Parts II and III, we argue that because climate change is exacerbating other drivers of displacement, it is seldom possible to attribute movement to any single factor or to categorize movement conclusively as voluntary or involuntary. Therefore, expanding pathways to safety for all people on the move is the best approach to protect those displaced, directly or indirectly, by climate change and environmental disasters. In Part IV, we argue that, despite attribution and definitional challenges with regard to climate-related mobility, documenting and assessing the role of climate …

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu

Seattle University Law Review

Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …

The Limits Of Corporate Governance, Cathy Hwang, Emily Winston

Seattle University Law Review

What is the purpose of the corporation? For decades, the answer was clear: to put shareholders’ interests first. In many cases, this theory of shareholder primacy also became synonymous with the imperative to maximize shareholder wealth. In the world where shareholder primacy was a north star, courts, scholars, and policymakers had relatively little to fight about: most debates were minor skirmishes about exactly how to maximize shareholder wealth.

Part I of this Essay discusses the shortcomings of shareholder primacy and stakeholder governance, arguing that neither of these modes of governance provides an adequate framework for incentivizing corporations to do good. …

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …