Immigration Law Commons^™

Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, Liliya Paraketsova

University of Michigan Journal of Law Reform

One of the most debated topics in refugee law has been the meaning of particular social group (PSG)—one of the five categories used to claim refugee status. In 2006, the Board of Immigration Appeals (BIA) adopted a narrower PSG definition. Since that adoption, a circuit split has persisted over the meaning of PSG. Two circuits in particular have continually refused to adopt this definition—even when the BIA attempted to revise the definition in response to their criticism. This Note proposes a reform that would include a compromise between the two current definitions of PSG by rejecting the BIA’s particularity requirement …

Beauty And The Beast: Disney's Use Of The Q And H-1b Visas, Kit Johnson

Faculty Articles

The Walt Disney Company made national headlines in 2015 when its former information-technology employees went public with the news that they had been fired and asked to train their replacements: foreign workers holding H-1B visas. Disney’s move was spotlighted during the 2016 presidential campaign as then-candidate Donald Trump railed against Disney’s use of H-1B visas to employ people, “imported from abroad, for the explicit purpose of substituting for American workers at lower pay.” What few appreciate is that Disney is not new to working the immigration laws to its advantage. Just at the Walt Disney World resort in Orlando, Florida, …

Detainee Transfers And Immigration Judges: Ice Forum-Shopping Tactics In Removal Proceedings, Roger Grantham

Georgia Law Review

U.S. immigration policy and ICE tactics have been greatly scrutinized over the past year. While many criticisms focus on border policy and the conditions of detention, scholars have also raised concerns over ICE’s unfettered discretion to transfer detainees to different detention centers. Not only may ICE transfer detainees anywhere in the country, ICE has gradually expanded this practice. Now, on average, every detainee is transferred at least once each year. ICE, however, is not the sole point of criticism for immigration advocates. Recently, Immigration Judges’ decisions have been scrutinized for their lack of consistency. Wide variations in IJ decision making …

Ali, Ali, Twila Bird

TSOS Interview Gallery

At eighteen fate placed Ali and his family in the center of hostilities in northern Afghanistan. Warring militant factions killed hundreds of people in his village. Ali helped identify and bury dozens of his friends and neighbors in a mass grave.

We spent days and nights in the mountains and blocked on the borders. I crossed the mountainous border between Afghanistan and Pakistan walking with my handicap. Then it took us another sixteen hours to cross the border between Pakistan and Iran, also in very high mountains of more than 2500 meters. The Iranian police were killing people on the …

Jeanusnat, Jeanusnat, Tsos

TSOS Interview Gallery

Jeanusnat’s father, who was chief of a Nigerian community, was murdered by an enemy community. The murderer intended to kill Jeanusnat and his mother as well, but they fled to neighboring Niger. There, Jeanusnat parted ways with his mother, who stayed at the church with a family, and Jeanusnat crossed into Libya in the back of a truck. But once in Libya, danger persisted. He was confronted by some robbers who stabbed him with a knife and beat him, leaving injuries on his legs and shoulder. In Tripoli, a man offered him temporary refuge, where Jeanusnat stayed until he decided …

Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway

Michigan Journal of International Law

It is our hope that, as in the case of earlier Michigan Guidelines on the International Protection of Refugees, these unanimously agreed standards will inspire a thoughtful and principled debate among scholars, officials, and judicial and other refugee law decision-makers committed to the legally accurate and contextually sound application of international refugee law norms.

The Michigan Guidelines On Refugee Freedom Of Movement

Michigan Journal of International Law

Despite the clear legal foundation of refugee freedom of movement at international law, states are also committed to the deterrence of human smuggling and trafficking, to the maintenance of effective general border controls, to safeguarding the critical interests of receiving communities, and to effectuating safe and dignified repatriation when refugee status comes to an end. Legal obligations to respect refugee freedom of movement therefore co-exist with, and must be reconciled to, other important commitments.

Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck

Michigan Journal of International Law

This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”

Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio

Law Faculty Articles and Essays

This paper addresses complex legal issues in light of and in the context of Jesner v. Arab Bank, a case involving the scope of corporate liability for human rights abuses under the Alien Tort Claims Act (ATCA). Part I provides a brief overview of the Jesner case. Part II outlines the case Kiobel v. Royal Dutch Petroleum Co. and its holding. Part III discusses Kiobel's shortcomings, including the vagueness of its "touch and concern" test and its failure to specify which law—international or domestic—applies to the issue of corporate liability under the ATCA. Part IV then proposes other …

Proving Identity, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Roger Williams University Law Review

No abstract provided.

How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi

UF Law Faculty Publications

In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.

Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …

The Immigration-Welfare Nexus In A New Era?, Andrew Hammond

UF Law Faculty Publications

The Trump Administration’s immigration policy is one of the most hotly contested areas of American law. However, few have explored the Administration’s interest in using the obscure doctrine of public charge to further its agenda. Public charge determinations allow immigration authorities to prevent individuals from entering the country as well as deport immigrants who use public benefits. What’s more, individuals who sponsor family members to enter the United States are liable to pay the federal government back for any public benefits the sponsored family member uses once in the United States. A leaked draft Executive Order and proposed regulations suggest …

Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler

Faculty Publications By Year

No abstract provided.

Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin

Indiana Law Journal

I. UNITED STATES V. TEXAS: DEFINING THE BOUNDARIES OF ENFORCEMENT DISCRETION

A. DAPA AND THE CONSTITUTIONAL CHALLENGE

B. SCHOLARLY DEBATE: APPLICATION OF YOUNGSTOWN FRAMEWORK TO DAPA

II. TAKE CARE: CONFLICTING INTERPRETATIONS OF THE DUTY TO FAITHFULLY EXECUTE THE LAW

III. ENFORCEMENT DISCRETION: INTERACTION BETWEEN CONGRESS AND THE EXECUTIVE

A. HECKLER V. CHANEY: EARLY RECOGNITION OF EXECUTIVE ENFORCEMENT DISCRETION

B. ENFORCEMENT DISCRETION’S SPECIFIC APPLICATION TO IMMIGRATION LAW

C. THE MEANING OF “DEFERRED ACTION”

IV. THE HISTORICALLY LIMITED ROLE OF THE JUDICIARY

A. PRESUMPTIVE UNREVIEWABILITY

B. ADDITIONAL PROCEDURAL HURDLES

V. MOVING FORWARD: LESSONS TO BE LEARNED FROM THE OBAMA ADMINISTRATION

A. FRAMING …

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular …

The Future Legal Management Of Mass Migration, Jack I. Garvey

The International Lawyer

No abstract provided.

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Faculty Scholarship

No abstract provided.

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Faculty Scholarship

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim …

Dialog About A New Asylum System, James C. Hathaway

Articles

The mechanisms for implementing the obligations under the Refugee Convention are fiawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. A five-point plan could revitalize the Refugee Convention. A managed and collectivized approach to the implementation of refugee protection obligations would include planning for refugee movements, embracing common but differentiated State responsibility and international administration of refugee protection.

A "Chinese Wall" At The Nation's Borders: Justice Stephen Field And The Chinese Exclusion Case, Polly J. Price

Faculty Articles

First, the sweeping implications of The Chinese Exclusion Case had as much to do with the Supreme Court's concerns about its relationship with both Congress and the President as it did with the Chinese as a disparaged racial group. There are other dimensions beyond race, and one of these was the Supreme Court's view of its role with respect to the other branches of government. Importantly, the Court did not decide the balance of authority between the President and Congress on matters of immigration, an omission that surely lessens its precedential value today.

Second, the Court's pronouncement in the Chinese …

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Model International Mobility Convention, Michael W. Doyle

Faculty Scholarship

People are as mobile as they ever were in our globalized world. Yet the movement of people across borders lacks global regulation, leaving many people unprotected in irregular and dire situations and some States concerned that their borders have become irrelevant. And international mobility – the movement of individuals across borders for any length of time as visitors, students, tourists, labor migrants, entrepreneurs, long-term residents, family members, asylum seekers, or refugees – has no common definition or legal framework.

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Scholarly Works

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect front-line equitable screens, promote …

America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii

Mitchell Hamline Law Review

No abstract provided.

Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger

Mitchell Hamline Law Review

No abstract provided.

Sunlight Is The Best Disinfectant: The Role Of The Media In Shaping Immigration Policy, Ana Pottratz Acosta

Mitchell Hamline Law Review

No abstract provided.

A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider

Mitchell Hamline Law Review

No abstract provided.

High Stakes For High-Skilled Immigrants: An Analysis Of Changes Made To High-Skilled Immigration Policy In The First Year Of The Trump Administration In Comparison To Changes Made During The First Year Of Previous Presidential Administrations, Kevin Miner, Sarah K. Peterson

Mitchell Hamline Law Review

No abstract provided.

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review (2017-Present)

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of relief …