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Full-Text Articles in Immigration Law

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne Feb 2019

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …


Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini Jan 2019

Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini

St. Thomas Law Review

This Comment addresses the implications of ICE agents violating Fourth Amendment rights of undocumented immigrants who have been unreasonably seized during workplace raids. Part II discusses how the Fourth Amendment protections extend to the workplace, as well as the influence of ICE on immigration law and how the Fourth Amendment applies in the immigration context. Part IH addresses how Trump's antiimmigrant oratory has encouraged ICE to conduct workplace raids, which result in egregious violations of the Fourth Amendment. Part III further addresses the effect of the holding in Delgado on workplace raids and how ICE has conducted the raids in …


Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan Aug 2018

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

All Faculty Scholarship

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.


The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast Jun 2018

The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast

DePaul Journal of Women, Gender and the Law

No abstract provided.


Honor For Veterans Day November 10, 2017, Roger Williams University Nov 2017

Honor For Veterans Day November 10, 2017, Roger Williams University

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs Nov 2017

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.


The Tax-Immigration Nexus, Tessa R. Davis Jan 2017

The Tax-Immigration Nexus, Tessa R. Davis

Faculty Publications

Tax and immigration law have a shared interest in defining community. In order to implement a tax, we must know who belongs to the taxable community. At the same time, immigration law must define and administer the requirements for membership in the national community. Despite the differing objectives of tax and immigration law—raising revenue and deciding who may enter, remain, and become a citizen in the United States, respectively—both of these regimes uses a concept of citizenship to define their respective communities. Starting from this common thread of the relevance of citizenship to both immigration and tax law, this Article …


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina Jan 2017

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law May 2016

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan Jan 2016

Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan

University of Richmond Law Review

No abstract provided.


Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay Jan 2015

Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay

St. Thomas Law Review

The tension between the IRS regulations requiring unauthorized immigrants to file taxes, and the United States Department of Homeland Security ("DHS") prohibiting these same individuals from lawfully working in the United States, is an ongoing controversy in this country. The DHS, by means of its Immigration and Nationality Act ("INA") regulations, penalizes unauthorized immigrants who falsely claim to be United States citizens for purposes of obtaining employment, irrespective of whether the aliens filed and paid their taxes. This Comment will focus on the inconsistencies between the IRS and the DHS, and suggest a proposal for amending the INA. Part I …


Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan Jan 2015

Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan

St. Thomas Law Review

The choice to bestow refugee designation on the growing unaccompanied minor children population would no doubt carry far-reaching and long-lasting consequences of its own. Because of these potential important and complex ramifications, a closer examination of the implications of the President utilizing his authority under Section 207(b) must be undertaken. To do so, Part I of this article provides a brief description of the origin of refugee law in general and Section 207(b) in particular. Part II explains the previous instances wherein past presidents exercised their authority to help foreign nationals seek refuge in the United States. Part III further …


Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek Nov 2014

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.


Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard Aug 2014

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.


Was The First Justice Harlan Anti-Chinese?, James W. Gordon Jan 2014

Was The First Justice Harlan Anti-Chinese?, James W. Gordon

Faculty Scholarship

The first Justice John Marshall Harlan has long been recognized as a defender of Black civil rights. Yet some scholars challenge Harlan’s egalitarian reputation by arguing that he was anti-Chinese. In this Article, the Author discusses the evidence which has been offered to support the claim that Harlan was anti-Chinese and offers additional evidence never before presented to argue against this hypothesis. Harlan’s critics have assembled some evidence in a way that suggests Harlan had an anti-Chinese bias. The Author suggests that the evidence is ambiguous and that it can be assembled to produce a different picture from the one …


The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali Nov 2013

The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali

Seattle University Law Review

On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …


Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch Jan 2013

Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch

Intercultural Human Rights Law Review

Efforts by the U.S. Congress and the Obama Administration to provide millions of undocumented immigrants a path to legal status will fail unless deserving immigrants are allowed to overcome prior immigration or minor criminal violations. Indeed, a pathway to legal status is a hollow gesture if the path is either too narrow or too steep. As one means of evaluating which immigrants should benefit from comprehensive immigration reform, rehabilitation allows immigrants to demonstrate that they deserve a second chance and provides policymakers with a buffer against critics of immigration reform who allege it is nothing more than an amnesty for …


The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of U.S. And International Human Rights Frameworks As They Relate To Education Rights, Ashley Feasley Jan 2011

The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of U.S. And International Human Rights Frameworks As They Relate To Education Rights, Ashley Feasley

St. Thomas Law Review

This article argues that by denying undocumented children access to higher education, the U.S. government is violating their obligations under the Universal Declaration of Human Rights ("UDHR") and Universal Covenant on Civil and Political Rights ("UCCPR"), as they relate to discrimination of social groups on the basis of national origin. Furthermore, by denying undocumented students access to higher education which is afforded to their American contemporaries, and is provided by the DREAM Act, these undocumented students are being discriminated against participating and contributing in American society and civic life and are being denied the equality of educational opportunity. The right …


In Times Of Famine, Sweet Potatoes Have No Skin: A Historical Overview And Discussion Of Post-Earthquake U.S. Immigration Policy Towards The Haitian People, Jordan E. Dollar, Allison D. Kent Jan 2011

In Times Of Famine, Sweet Potatoes Have No Skin: A Historical Overview And Discussion Of Post-Earthquake U.S. Immigration Policy Towards The Haitian People, Jordan E. Dollar, Allison D. Kent

Intercultural Human Rights Law Review

This article is an examination of the U.S. immigration policy towards Haitians both before and after the January 12, 2010 earthquake. In order to understand the U.S. policy response and the Haitian community's reaction to said policy, it is imperative to first understand the historical framework of the U.S. immigration policy towards Haitians. Fundamentally, the U.S. immigration policy towards Haitians is based on two erroneous premises: (1) Haitians are only economic migrants; and (2) fair immigration treatment of Haitians will lead to a mass migration into the U.S.


As Old As The Hills: Detention And Immigration, Lenni B. Benson Jan 2010

As Old As The Hills: Detention And Immigration, Lenni B. Benson

Intercultural Human Rights Law Review

If you are reading this essay and the related symposium articles, you will learn a great deal about the role detention plays in U.S. immigration law. You will become a witness to our government's use of a tool that directly and undeniably impinges on our most fundamental freedom: personal liberty. It is my hope that by writing this essay, I may contribute to a reexamination by all of us of the reasons we use immigration detention; and that we will ask fundamental questions about whether immigration detention is a legitimate tool. As we learn more, we all become witnesses to …


Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani Jan 2010

Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani

Intercultural Human Rights Law Review

This article examines a regulation from which DHS derives a legal advantage in removal proceedings that significantly impacts the outcome of any deportation case. While several articles have provided a limited discussion on automatic stays in the greater context of mandatory and prolonged detention, the complexity and substantial impact of the automatic stay regulation merits a discussion devoted to it in its entirety. Part I of the article provides a general background to removal proceedings and bond hearings. Part II tells the story of Manuel who, as a result of invocation of the automatic stay, continued to be detained even …


An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin Jan 2010

An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin

Intercultural Human Rights Law Review

The broad expansion of the detention of non-citizens by the federal government has been chronicled by Lenni Benson in her fine contribution to this symposium. The question I will address is one of legal representation for these detained individuals, while they are subject to immigration proceedings. The Supreme Court has noted that this adjudicatory process is civil and not criminal. While these persons may retain counsel, there is no provision for the routine appointment of counsel for those who are unable to afford lawyers. In addition, congressional action and subsequent practice has eliminated the availability of the largest provider of …


Remarks On U.S. Immigration Detention: Policy And Procedure From A Human Rights Perspective, Gracian A. Celaya Jan 2010

Remarks On U.S. Immigration Detention: Policy And Procedure From A Human Rights Perspective, Gracian A. Celaya

Intercultural Human Rights Law Review

Remarks by Gracian A. Celaya, Deputy Chief Counsel, Department of Homeland Security.


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless Jan 2010

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Intercultural Human Rights Law Review

This article demonstrates that the basic, analytical concept of a question of law in immigration court decisions is more expansive than is typically understood. I unearth and analyze confusion in immigration case law and propose some ways for us to think more clearly about the law-fact distinction, focusing on questions that involve the application of law to facts that have already been established - questions that are commonly called mixed questions. Part II of this article briefly traces the history of immigration judicial review, culminating with the REAL ID Act of 2005 and the jurisdictional savings clause contained in it. …


Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine Jan 2010

Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine

Intercultural Human Rights Law Review

This article will primarily focus on illustrating examples of lengthy detention that surely seem unending to the immigrants involved, if not "indefinite" as determined by the U.S. Supreme Court. I will address all other aspects of detention more fully than actual "indefinite" detention. Detention is one of many tools at the disposal of DHS to assure orderly immigration and provide predictable consequences for violators of the United States immigration system. I hope to illustrate the frequently coercive affects of the detention scheme and argue that in some, if not many, contexts detention actually impedes the orderly administration of justice, despite …


Stories In Mexico And The United States About The Border: The Rhetoric And The Realities, Gloria Valencia-Weber, Antoinette Sedillo Lopez Jan 2010

Stories In Mexico And The United States About The Border: The Rhetoric And The Realities, Gloria Valencia-Weber, Antoinette Sedillo Lopez

Intercultural Human Rights Law Review

Our discussion will: 1) examine the concept of using word choices and metaphors as devices in storytelling to frame political, economic and social issues, which are meant to evoke certain emotional responses among specific audiences in the immigration debates; 2) describe the legal history of the border as a legal and social construct as background for the stories that are told about immigration; 3) demonstrate with examples of stories published in Mexico and the U.S. that portray how some stories about the border are being framed in the U.S. and in Mexico by identifying word choices, metaphors, audience, social and/or …


Changes In The Wind: How Increased Detention Rates, New Medical Care Standards, And Ice Policy Shifts Alter The Debate On Immigrant Detainee Healthcare, Angela Morehouse Jan 2010

Changes In The Wind: How Increased Detention Rates, New Medical Care Standards, And Ice Policy Shifts Alter The Debate On Immigrant Detainee Healthcare, Angela Morehouse

Intercultural Human Rights Law Review

This paper provides an analysis of the recent changes in immigration detainee healthcare and argues that ICE is taking significant and proactive steps to address the systemic failures of the prior regime. Briefly discussed at the conclusion of this paper is ICE's significant August 6, 2009 announcement that it is enacting additional major reforms to the immigration detention system. This critical development lends credence to this paper's argument that ICE is developing a workable framework for providing appropriate healthcare to immigrant detainees. However, as the announcement came after this paper had been written, a detailed discussion of how those changes …


Racial Migrations, Tucker Culbertson Jan 2008

Racial Migrations, Tucker Culbertson

St. Thomas Law Review

The following three articles by Dominique Legros, Robert Koulish, and Cesar Cuauhtémoc Garcia Hernández concern laws, politics, and philosophies involving transnational migration. Individually and in sum, these articles productively engage with the radical multidimensionality of both racial identity and racial governance. In this introduction, I will briefly describe the articles and offer very few comments thereon, most of which emphasize what I believe to be the articles most important cumulative contribution regarding the complexity and centrality of race within forces and discourses of citizenship, territory, sovereignty, and nationality. Hence, the title of this introduction, which is intended to suggest both …


Of Inferior Stock: The Two-Pronged Repression Of Radical Immigrant Birth Control Advocates At The Turn-Of-The Twentieth Century, Cesar Cuahtemoc Garcia Hernandez Jan 2008

Of Inferior Stock: The Two-Pronged Repression Of Radical Immigrant Birth Control Advocates At The Turn-Of-The Twentieth Century, Cesar Cuahtemoc Garcia Hernandez

St. Thomas Law Review

This article addresses law's coercive function to quash birth control advocacy at the turn-of-the-twentieth century. Part II addresses the development of anti-obscenity legislation, especially at the federal level, to slow quelling support for birth control availability and usage. In particular, the article addresses the trend during the late 1800s in which the states and federal government prohibited sending birth control information or products through the mail. This section also explores the significant harassment, and both actual and threatened prosecution of birth control advocates that resulted from criminal prohibitions. Part III surveys the rampant nativism that swept policymaking circles during this …


"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus Jan 2008

"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus

Faculty Scholarship

The American papers sometimes contain tales about persons who have forgotten who they are, what are their names, and where they live. The Porto [sic] Ricans find themselves in the same predicament as those absent-minded people. To what nationality do they belong? What is the character of their citizenship? ... [l]f since they ceased to be Spanish citizens they have not been Americans [sic] citizens, what in the name ·of heaven have they been?