Immigration Law Commons^™

Brief Of International Law Scholars And Non-Governmental Organizations As Amici Curiae In Support Of Appellees In International Refugee Assistance Project V. Trump, 2017 U.S. 4th Cir., Amanda Frost

Amicus Briefs & Court Filings

No abstract provided.

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

Law School Blogs

No abstract provided.

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women …

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

Biennial Conference: The Social Practice of Human Rights

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning …

There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan

The Catholic Lawyer

No abstract provided.

Lin V. United States Department Of Justice: The Circuits Split On The Issue Of Whether Marital Status Is Dispositive Of Asylum Eligibility In The United States For Individuals Who Suffer Persecution Under China's Coercive Family Planning Practices, Sara E. Stewart

Maine Law Review

In Lin v. United States Department of Justice, the United States Court of Appeals for the Second Circuit remanded three consolidated appeals to the Board of lmmigration Appeals (BIA) for reconsideration. Petitioners Shi Liang Lin, Xian Zou, and Zhen Hua Dong applied for asylum based on persecution they and their unmarried girlfriends suffered under the coercive family planning practices employed by the People's Republic of China. Retaining jurisdiction over the petitions after re-disposition by the BIA, the Second Circuit demanded that the BIA clarify two issues regarding its interpretation of United States' immigration laws. First, the Second Circuit insisted on …

It’S Time To Open Up The L-1b: How The Emergence Of Open Source Technology Will Impact The L-1b Visa Program, Elizabeth K. Ottman

Catholic University Law Review

The L-1 visa program allows multinational companies to transfer both managerial/executive employees and employees who hold “specialized knowledge” to work in the United States. In the Information Technology (IT) industry, it has become increasingly difficult to get workers approved for intra-company transfer due to the way United States Citizenship and Immigration Services (USCIS) narrowly interprets the definition of specialized knowledge. Although USCIS has issued memoranda that indicate knowledge “need not be proprietary or unique,” in practice, knowledge of proprietary software is the most effective way to prove an employee in the IT industry has specialized knowledge. However, in the last …

Working To Serve And Protect An Immigrant-Friendly Community: Why The Bridgewater State University Police Department Supports Massachusetts Senate Bill No. 1305, David H. Tillinghast

Bridgewater Review

No abstract provided.

Cooperative Enforcement In Immigration Law, Amanda Frost

Scholarly Articles in Law Reviews & Journals

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.This Article: suggests a …

Algorithmic Jim Crow, Margaret Hu

Fordham Law Review

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

Algorithmic Jim Crow, Margaret Hu

Faculty Publications

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

The Antiterrorism And Effective Death Penalty Act Of 1996: An Attempt To Quench Anti-Immigration Sentiments?, Ella Dlin

The Catholic Lawyer

No abstract provided.

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …

Examining The Board Of Immigration Appeals' Social Visibility Requirement For Victims Of Gang Violence Seeking Asylum, Elyse B. Wilkinson

Maine Law Review

Since the late 1990s, Latin America has been plagued by gang violence. The increasingly organized and progressively larger gangs are known as the Mara Salvatrucha 13 (MS-13) and the 18th Street Gang (collectively referred to as the “Mara” in this Comment). These gangs are ubiquitous within certain Latin American countries and pose a serious threat to the economic and social stability of the region. The targets of the Mara are mostly youth between the ages of fifteen and eighteen (but as young as eight), women, and those who decry the gang's violence. Resistance to the Mara has resulted in death …

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Immigration Reform, Carlos Ortiz Miranda

The Catholic Lawyer

No abstract provided.

Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore

William & Mary Bill of Rights Journal

No abstract provided.

Nicole Ludwig, Tsos, Nicole Ludwig

TSOS Interview Gallery

In September 2016, Nicole Ludwig led a group of her neighbors in Germany to assist newly-arrived Syrian and Afghani refugees. The volunteers collected clothing and toys, organized activities and field trips for the refugee children, and taught them German. Later, the volunteers offered homework support and led library reading groups. For the adult refugees, the volunteers provided cultural assimilation instruction and cooking classes. While there were occasional challenges to working together, the volunteers and refugees fostered a collaborative system and even hosted a Christmas party, during which one elderly Syrian man said, “This is one of the best memories I …

Layla, Layla, Tsos

TSOS Interview Gallery

Layla left Ethiopia 10 years ago to look for work opportunities. She left behind a father and three brothers. She went to Syria on a three-year work contract. She worked in a house and learned Arabic. She then went to Turkey by boat and then went on to Greece for 5 years. She worked and learned the Greek language. When she became pregnant she had to stop working. She travelled to Serbia to Macedonia to Austria all on foot. Then the Red Cross moved Layla and her daughter to Giessen, Germany where a roommate periodically beat her baby. Seeking safety …

Ogc Issues Roundtable, Carlos Ortiz Miranda

The Catholic Lawyer

No abstract provided.

Fadel, Tsos, Fadel

TSOS Interview Gallery

Fadel's family was originally from Palestine. However, for reasons he couldn’t recall, they moved to Libya, where Fadel was born, and he grew up there. He recalled that life inLibya used to be good, but that it became dangerous. Fadel came to Italy alone. His parents died and left him nothing seven years ago. His siblings died as well. He came to Italy 6 months ago seeking asylum by way of Tripoli to Sabratha, and then to Sardinia and Calabria. He has been living on the streets, and because he couldn’t provide an address, he was denied asylum

Katja, Ketevahi 'Katje', Tsos

TSOS Interview Gallery

Ketevahi “Katja” is from Georgia. She’s in her late 40’s. She grew up on a farm in the country and became the financial support for her family after her mother died and her father became “emaciated.” When Putin came to power, diplomatic ties deteriorated between Georgia and Russia, which eventually led to war. She fled her country using forged documents and first worked in Turkey but has now lived in Naples for nine years and regularly sends money home to her brother, who cares for their father.

Katja expresses her feelings about war, government, liberty, and what it means to …

Felix, Tsos, Felix

TSOS Interview Gallery

Felix is originally from Nigeria and has now been inItaly under a year. He came from a family with a polygamous father who “married” multiple wives illegally. After returning home from a service mission for his church, which his father supported, Felix began to study engineering. At some point conflict arose within the family that causedFelix to have to flee.He was smuggled through Niger to Libya, losing several friends along the way.There he was held for ransom, before taking a treacherous voyage across the sea in an overfilled boat, where he witnessed several drown. Now he lives in a camp …

Momo, Momo, Tsos

TSOS Interview Gallery

When Momo was only nine years old, he returned home to find his parents and his six sisters and four brothers had been killed in their own home. Sometime after that, he and his uncle left Somalia together to live in Yemen. He stayed in Yemen until he was sixteen, but when things became unsafe there, he moved to Libya. He had hoped to get on a boat in Libya to go somewhere for a new life, but he was thrown in prison instead. He was harassed and told to ask his family to send money so that he could …

Professional Licensing And Teacher Certification For Non-Citizens: Federalism, Equal Protection And A State’S Socioeconomic Interests, Janet M. Calvo

Publications and Research

Some states have recently addressed the integration of their non-citizen populations and their socioeconomic needs by expanding the eligibility of professional licensing to noncitizens. Changes made in 2016 in the two states with the largest immigrant populations, California and New York, were extensive and comprehensive. California removed immigration status requirements for licensing through legislation that covered all occupations regulated by the California Department of Consumer Affairs. The New York Board of Regents and Commissioner of Education expanded the categories of non-citizens eligible for professional licensing and teaching certification through administrative regulations, including all non-citizens permanently residing in the state under …

A Framework For Understanding Subfederal Enforcement Of Immigration Laws, Huyen Pham

Faculty Scholarship

In discussing the varied LEA responses, the normative question naturally arises: Which model of immigration enforcement should an LEA embrace? If an LEA with no current immigration enforcement policy were to decide on a model, which model should it choose? Or, if an LEA wants to reconsider its current enforcement model, what factors should it consider in making its decision? The answers to these questions depend on the interests of individual LEAs-interests that may vary from LEA to LEA. The second contribution of this article then is to raise important questions that LEAs should consider in deciding which model is …

Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …