Immigration Law Commons^™

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Sixth Annual Women In Law Leadership Lecture March 5, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Pleading For The Fifth: How Assisting Law Enforcement For T & U Visas Violates Immigrants’ Right Against Self-Incrimination, Maya Huffman

Immigration and Human Rights Law Review

Human trafficking is a transnational crime that has decimated the lives of many innocent victims, especially those seeking to immigrate to the United States. In 2000, Congress enacted the Trafficking Victims Protection Act, which created T and U visas for victims of severe forms of trafficking and other crimes, respectively. Although these visas were created to protect especially vulnerable immigrants, they ultimately are more harmful than helpful. A condition for being granted a T or U visa is that the applicant must assist law enforcement in the investigation and prosecution of the perpetrator of the crime they are a victim …

Post-Conviction Relief In Immigration Law: A Valid Solution Or Merely Perpetuating The Problem?, Will Gronefeld

Immigration and Human Rights Law Review

Immigration courts are underfunded and overwhelmed. Many noncitizens face challenges navigating the complex jurisprudence of immigration law, let alone successfully arguing their claims in court. As a result, the role of counsel takes on an even greater importance for noncitizens. However, no right to counsel exists for noncitizens. Many noncitizens who have built lives in America are deported due to difficulty navigating the complex field of immigration law on their own, not the merits of their claim. Post-conviction relief provides a legal avenue for noncitizens to challenge these decisions. This article explains the role of post-conviction relief, specifically claims of …

Children And Family Unity: The Unintended Effects Of The Unlawful Presence Bars, Shannon Conroy

Immigration and Human Rights Law Review

This Article examines the adverse consequences of the unlawful presence bars (ULP bars) on the fundamental right to family unity, with a particular focus on children as collateral victims. While the ULP bars intended to curb entering without inspection, they have had unintended and disproportionate effects on immigrant families, especially children. This Article argues that the ULP bars violate children’s right to family unity, highlighting the legal and social challenges that the bars impose on families. Further, this Article explores the severe challenges faced by families, including the effects on children’s well-being and the disproportionate impact on low-income and immigrant …

Down, But Not Out: How Termination Of Asylee Status Leaves Open A Path To Lawful Permanent Residency, Mason Strand

Immigration and Human Rights Law Review

Beat into “legal limbo” is not how anyone would like to describe their legal situation. But this is exactly where former asylees like Joel Siwe and Tiger Cela have ended up when they were excluded from adjusting to lawful permanent residence under the Immigration and Nationality Act (INA) § 209(b) because of the termination of their asylum status.

In 2001, Joel Siwe was granted asylum on the grounds that he would be persecuted. But within a year of entering the United States, Siwe was convicted of money laundering and sentenced to prison. When Siwe got out, his asylum status was …

Digital Speech And Future Persecution, Liane M. Jarvis Cooper

Nevada Law Journal

No abstract provided.

Tienen Alas, Pero No Las Pueden Usar: Stories Of Immigrants In Search Of Work Credentials, Jonathan Vega-Martinez, Maria M. Pache De Athayde, Fabián Torres-Ardila, Phillip Granberry

Gastón Institute Publications

This report presents the results of a qualitative research study, funded by the Latino Equity Fund of the Boston Foundation, aimed at understanding the challenges that highly skilled immigrants1 face when reentering their careers in Massachusetts.

Discretion, Deference, And Dysfunction: U.S. Refugee Resettlement From Egypt, Cassandra Mcclellan

Theses and Dissertations

This thesis investigates refugee resettlement from Egypt to the U.S., as facilitated by UNHCR Egypt and the U.S. Refugee Admissions Program (USRAP). Accordingly, the research questions ask what factors determine the volume and profile of refugees UNHCR Egypt submits to USRAP for resettlement, as well as the related determining factors for refugees rejected from and accepted to USRAP. A fourth research question examines the impacts of U.S. refugee policy on the resettlement system in Egypt, including on UNHCR Egypt and refugees. To answer these questions, the thesis first delves into the history of U.S. immigration and refugee policies, with a …

The Texas County Appraisal System, Chad J. Pomeroy

St. Mary's Law Journal

No abstract provided.

Canada's Open Work Permit For H-1b Visa Holders: Canadian Opportunism And A Broken American System, Mark Wilson

William & Mary Business Law Review

A new Canadian working permit has been created by the Trudeau government to the detriment of American business and macroeconomic prospects. In the context of labor shortages and a quickly changing American workplace, this Note will forward the findings of governments as well as legal and economic scholars on the benefits of skilled immigrant participation in the American economy. Five options for an American response to this Canadian permit (and for reform to American employment-based immigration generally) will then be presented.

Lighten The Load: Why The Government Should Bear The Burden Of Proving The Validity Of An Alien's Appellate Waiver During A Removal Order Collateral Attack, Jimmy Garner

William & Mary Law Review

While there is much to say about the current state of the U.S. immigration system, this Note focuses on what happens to many aliens when they are subsequently criminally charged with the felony of illegally reentering the United States. When an alien was previously subject to deportation and later indicted on criminal charges of illegal reentry, a provision in 8 U.S.C. § 1326 allows the alien to collaterally attack the underlying removal order if it was fundamentally unfair. In light of the current political conversations surrounding the U.S. immigration system, this Note advocates for ensuring that asylum and removal hearings …

The Cardozo Center For Public Service Law Invites You To: P*Law 2025, Cardozo Center For Public Service Law

2025 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2025, which will feature panels discussing immigration, LGBTQ+ rights, reproductive freedom, human rights, labor relations, and more.

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

P*Law 2025: Immigration For Lgbtq+ Individuals: Laws, Barriers, And Insights, Center For Public Service Law, Victoria Nielson, Lermán Montoya, Fernanda Gianesella, Noemi Masliah, Gleozyl Saavedra, Natalia Palacino Camargo

2024–2025 Flyers

A P*LAW 2025 event focused on the legal challenges and barriers faced by LGBTQ+ individuals in the immigration system. The panel featured legal experts and advocates discussing policy insights, representation, and protections for LGBTQ+ immigrants.

Five Circuit Courts Against Five Circuit Courts: The Inconsistent Methods Of Review For Fifth Amendment Violations In The Immigration Courts, Elisa Perry

Akron Law Review

The note examines critical due process violations in U.S. immigration courts, focusing on the circuit court split regarding non-citizens' Fifth Amendment right to obtain counsel at their own expense during removal proceedings. Currently, five circuit courts require non-citizens to prove "substantial prejudice" when denied counsel, while five courts reject this standard. The research argues that this inconsistency undermines fundamental due process protections, suggesting solutions including a Supreme Court decision, new legislation, and an executive order to establish a uniform standard that prioritizes non-citizens' rights to legal representation and ensures fair hearings, particularly given the complex and high-stakes nature of immigration …

"Safe Third Country": Democratic Responsibility And The Ends Of International Human Rights, Paul Linden-Retek

Contributions to Books

Published as Chapter 3 in Lawless Zones, Rightless Subjects: Migration, Asylum, and Shifting Borders, Seyla Benhabib & Ayelet Shachar, eds.

The Nebraska Criminal Law Practitioner's Guide To Representing Non-Citizens In State Court Proceedings, 2025 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

PREFACE TO THE 2025 EDITION

There have been a good deal of developments in this area since the 2023 revision to this Guide. Two are especially notable. The first is the 2024 decision by the United States Supreme Court in Loper Bright Enterprises v. Raimondo, in which the Court overruled its 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Although the contours of Loper Bright are still playing out, it is clear that the level of deference given to agency interpretations of the law under Chevron is no longer appropriate. That obviously has significant implications …

No Right To Exclude: The European Union’S Reparative Migration Obligations, Steffi Colao

American University International Law Review

In this article, I unify the diverse but related ways that scholars, activists and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal traditions of reparations to highlight the ways that reparative migration might be actualized in response to human rights violations. 

Looking at EU and international legal standards on remedies, I show how these arguments are not necessarily radical but, in fact, could be at least partially possible under …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Scholarly Articles in Law Reviews & Journals

Internal displacement, encapsulating the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence of making a legal line in the sand based on which side of a border displacement ultimately transpires. Internally displaced persons (IDPs)—in recent history, presently, and in the projected future—far outpace the number of people displaced outside the border of their …

Remedying Unconstitutional Immigration Enforcement, Guha Krishnamurthi

Cardozo Law Review de•novo

Fearmongering about “illegal immigration” has reached a fever pitch. There is a nearing bipartisan consensus among politicians that “stopping illegal immigration and securing the border” is a paramount priority. The fact that many politicians and institutional actors have displayed animus in discussing immigration enforcement portends that many perils lie ahead. It is precisely during this time that constitutional rights must serve as a bulwark against government overreach. This Essay contends that our constitutional rights framework, specifically its principal remedies for rights violations, are inadequate to protect against government malfeasance. In particular, I demonstrate that there are plausible scenarios where the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …