Immigration Law Commons^™

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf

Faculty Scholarship

In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised …

Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong

Faculty Journal Articles

This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …

Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley

Dalhousie Law Journal

Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …

Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena

Dissertations, Theses, and Capstone Projects

This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.

Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato

The Catholic Lawyer

No abstract provided.

Donald Trump Doubles Down On Deportation Plan, Lauren Carasik

Media Presence

No abstract provided.

Section 6: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Immigration After Mckinley: How A President’S Death Breathed Life Into Immigration Policy, Carolyn Evans

Mahurin Honors College Capstone Experience/Thesis Projects

The assassination of William McKinley in 1901 was a national tragedy. However, McKinley’s death was neither a spontaneous coincidence nor the first of its kind. The President’s assassination was one of several international anarchist attacks that resulted in the death of a world leader. Facing widespread fear regarding anarchy, the 57th Congress responded with harsh legislation that targeted some of America’s most vulnerable groups: immigrants. Faced with a rapidly changing new world, at the beginning of the 20th century, Congress began passing harsh legislation they felt necessary to protect the American public. This new legislation, unfortunately, also shook America’s core …

The Aftermath Of United States V. Texas, Shoba S. Wadhia

Faculty Scholarship

On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …

A Review Of Needs And Challenges Facing Unaccompanied Alien Children (Uac) Released Into U.S. Communities, Dorothy L. Mcleod

Center for the Human Rights of Children

Immigrant children (<18 years) who enter the United States alone and without legal status are defined as unaccompanied alien children (UAC ), according to United States law. Between 2013 and 2015, the number of unaccompanied immigrant children arriving at the United States-Mexico border increased dramatically, reaching a peak of over 55,000 in FY 2014. While a number of research and policy documents detail the movement of youth through the immigration system, little is known about this population after their release to sponsors in the U.S. The current research brief synthesizes the existing research using a multi-disciplinary approach. We have chosen to prioritize peer-reviewed research, but have also included information from governmental and NGO reports. Each of the following sections summarizes the research on a different aspect of youth’s postr-elease adjustment to life in the United States. We conclude the report with a list of unanswered research questions.

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …

Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams

Georgia Journal of International & Comparative Law

No abstract provided.

Newsroom: From Undocumented To Immigration Lawyer 7/28/2016, Maria Sacchetti, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Federalism And The Disappearing Equal Protection Rights Of Immigrants, Kevin R. Johnson

Washington and Lee Law Review Online

Jenny-Brooke Condon’s article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has undermined the Equal Protection rights of legal immigrants in the United States. Despite the contentious national debates over immigration reform, immigrants’ rights have generally been of secondary concern in contemporary immigration scholarship, which is now dominated by analysis of immigration federalism.

Professor Condon undoubtedly is correct that we should not lose sight of the rights …

Law And Order: Lawsuit, Regulations And Implementation Of S.T.E.M. O.P.T. At The University Of Arkansas, Alexandra M. Wallace

Capstone Collection

In 2015, Student and Exchange Visitor Program (SEVP) reported that over 1,054,000 international students were studying in the United States in F-1 student status (SEVP, 2015). F-1 status comes with many regulations and benefits, such as Optional Practical Training (OPT), which allows students with F-1 status to work after they complete a degree from an American higher education institution. Students in the Science, Technology, Engineering and Mathematics (STEM) fields are allowed an additional 24-months of OPT, called STEM OPT. While this is a benefit in many senses, it is accompanied by a lot of responsibility for the student, the university …

The Family Abandoned By A Migrant, Dr. T. Stark

The Catholic Lawyer

No abstract provided.

Aisha, Aisha, Tsos

TSOS Interview Gallery

Aisha, a Syrian native, lived in Latakia with her Palestinian husband and six children. Their children were not allowed to attend school because of their Palestinian heritage. During the war, mortars and missiles hit the city, and Aisha's brother lost three children. Aisha's uncle in Jordan helped to smuggle their family into Turkey after they decided to escape.

They sailed to Greece with a boat carrying about 350 people. The ship's drivers abandoned it during the journey. To save the children on board, Aisha's husband steered the sinking ship. Her husband was arrested in Greece, and Aisha, who was five …

Samadi & Sabroo, Samadi, Sabroo, Tsos

TSOS Interview Gallery

Samadi was a member of the Kurdistan Freedom Party. He joined at the age of 17 andhas been a member for 22 years. This party sought an independent Kurdistan andfought with the invader countries. Samadi lived at the Oinofyat Refugee Camp inGreece at the time of this interview. His daughter was killed by ISIS in 2014 whiledefending Kurdistan. After her death, his family was threatened by the Salafi group.They left to save their lives. Samedi says that the Salafi group rapes and kills children in the name of religion. He says he is a fighter and he is not afraid …

Morena, Morena, Tsos

TSOS Interview Gallery

Morena has two children and a husband, and she is currently pregnant. Her life in Afghanistan felt normal, and she was able to study there until she had to flee. Her father in law was a truck driver for an American company and he had to surrender several vehicles to the Taliban. They robbed his vehicle and threatened violence. Because of this danger, Morena and her family fled. Their eight-month journey included rejection in Turkey and Iran multiple times and many struggles with smugglers and police. They eventually made it to a camp in Greece.

Because Morena is pregnant, they …

Pamir And Rahila, Pamir, Rahila, Tsos

TSOS Interview Gallery

Pamir is from Afghanistan. He is a Hazarah, an ethnic minority group in Afghanistan. The Taliban hates his people. Nearly every member of his family has bullet wounds and war scars. His father was shot during the Mujahedin War and still has bullets in his leg. His older brother is blind in one eye and is still in Iran. His other brother was shot in the head and killed somewhere between the age of thirteen and fifteen. They escaped to Iran from Afghanistan, but the police caught Pamir and took him to a camp. They told him he could either …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Tabish, Tabish, Tsos

TSOS Interview Gallery

Tabish is from Afghanistan. He fled the country because he had enemies there. He was shot multiple times during a Taliban raid, resulting in a broken leg and damaged hand. The bullets had to be pulled out with a stick. He and his family fled Afghanistan to Iran where the police threatened to arrest him for not having the legal papers to work. His family escaped to Turkey but were soon deported back to Iran. They eventually made it through after walking on foot for seven hours at the Turkish border. After spending five hours on the water on the …

Sangar & Nasira, Sangar, Nasira, Tsos

TSOS Interview Gallery

Sangar and his family are from Iran but are originally Turkish. In Iran they faced a psychological war and many problems that stemmed from discrimination. He points out how many are oppressed or discriminated against, but he and his family were singled out for their ethnicity. There was no hope for a bright future, and they decided to flee the country for the benefit of their children.

They fled to Greece through Turkey and had many issues with human traffickers, robbery, a treacherous journey across the sea, and problems in Moria refugee camp where his wife couldn’t get the care …

Madina, Madina, Tsos

TSOS Interview Gallery

Madina is from Afghanistan where she had a good life as a hairdresser. She loved her business and was very well off. She faced a great deal of opposition and persecution since she was a woman who owned a business. She faced violence and threats often. Eventually they were forced to sell their possessions and flee with the help of traffickers and had a dangerous and painful journey. Multiple times they were turned away at borders in Greece, Turkey, and Iran. Madina now lives in Oinofyta refugee camp with her husband and 6 children. Her husband has a disability due …

Bahar And Zarrin, Bahar, Zarrin, Tsos

TSOS Interview Gallery

Bahar and Zarrin are friends living in Oinofyta Refugee Camp. They are both from Afghanistan but fled very different circumstances. Bahar lived in Iran with her husband until he passed, and she was rejected by her family. As a single woman she faced a life with little rights. Despite major health complications she fled to Greece in a boat. She now lives in the camp, struggling with repeated hospitalizations.

Zarrin left a life of comfort and privilege in Afghanistan and misses home greatly. Her husband was a wealthy businessman and Zarrin taught school. Thinking back on what they lost causes …

Nevin, Nevin, Tsos

TSOS Interview Gallery

Nevin is a civil engineer from Afghanistan who worked with an American company and local government. The Taliban threatened him and demanded he work for them instead and ultimately attacked him on his journey home. After this he began a dangerous journey to Europe full of smugglers, trafficking, encounters with police, poor living conditions and a trip across the Mediterranean in an overcrowded raft.

Nevin ultimately made it to Greece, where he lived in a camp for several months. He received medical care but faced new problems of closed borders and difficulty obtaining papers. He was transferred to a camp …

Aeham, Aeham, Tsos

TSOS Interview Gallery

Aeham Ahmad is a pianist from Yarmouk, Syria who gained internet fame from videos posted of him performing on the streets. Because of this, he was targeted and forced to flee to Germany, leaving his wife and two sons behind. Since this interview, his family has joined him.

Aeham’s talent and fame opened up opportunities to perform in various cities in Germany. To share his story during these performances, he learned English. He wants to use music to make a difference in the world. During his time in Yarmouk, there was an underground area where children practiced music because it …

Hamed, Hamed, Tsos

TSOS Interview Gallery

Hamed and his family are from Afghanistan where he worked as a diplomat and interpreter for the U.S. Army after having studied international relations and diplomacy. As the situation with the Taliban worsened it became too dangerous for Hamed and his family to stay in Afghanistan. They began the difficult journey with the help of smugglers, first to Iran, then Turkey, and then to Greece in a dangerous, overfilled boat.

Hamed explains the despair and frustration faced by many refugees. They feel as though very little is actually done for refugees once they’re admitted, and explains they need more assistance. …