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Full-Text Articles in Immigration Law

For The Dreamers, Mariajose Gomez May 2016

For The Dreamers, Mariajose Gomez

First-Gen Voices: Creative and Critical Narratives on the First-Generation College Experience

"For the Dreamers" reflects the author's experience on a De Colores immersion trip to Casa de Migrantes in Mexico, Tijuana. This was Gomez's first time traveling out of the country, and the experience helped her realize that no human being should be considered “illegal” simply because of man-made barriers. The piece exposes the complex social dynamics that inform the experiences of both immigrants and citizens of the United States. The purpose of the poem is to challenge readers' views on immigration and highlight the role social constructs and stereotypes play in establishing preconceived ideas about immigrants. The author hopes readers …


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros May 2016

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.


State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole May 2016

State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler May 2016

Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler

Faculty Publications

This is a review of Gabriella Sanchez's monograph, which challenges dominant narratives of human smugglers as violent members of organized criminal networks with qualitative research conducted with smuggling facilitators, their families, and those who utilized their services.


Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee May 2016

Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee

University of Miami Law Review

In August 2014, the Board of Immigration Appeals (“BIA”) issued its first published decision recognizing domestic violence as a basis for asylum. In Matter of A-R-C-G-, the BIA held that a woman who had suffered horrific abuse at the hands of her husband in her native Guatemala qualified for asylum as a member of a particular social group. The landmark decision came after years of uncertainty regarding the viability of domestic violence asylum claims and fourteen years after the BIA had rejected domestic violence as a basis for asylum in Matter of R-A-. Parts I and II of this Comment …


Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes May 2016

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble Apr 2016

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White Apr 2016

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves Apr 2016

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra Apr 2016

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada Apr 2016

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert Apr 2016

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward Apr 2016

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Migration : Some Observations About Contemporary Trends, Gervais​ Appave Apr 2016

Migration : Some Observations About Contemporary Trends, Gervais​ Appave

WMU Symposium on Migration by Sea, Malmö, Sweden, 26-27 April 2016

No abstract provided.


Opening Speech, Cleopatra Doumbia-Henry Apr 2016

Opening Speech, Cleopatra Doumbia-Henry

WMU Symposium on Migration by Sea, Malmö, Sweden, 26-27 April 2016

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee Apr 2016

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Panel Presentation, Peter J. Smith, Heidi Freese, Grace Meng, Lori Ulrich Apr 2016

Panel Presentation, Peter J. Smith, Heidi Freese, Grace Meng, Lori Ulrich

Center For Immigrants’ Rights Clinic Events

No abstract provided.


Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant Apr 2016

Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant

PhD Dissertations

Perceived connections between security concerns and migration are a central preoccupation of our time. This dissertation explores how the preoccupation has played out in the Canadian context and asserts that a basic and common infirmity of administrative decision-making in this domain is a lack of justification. The dissertation commences by exploring foundational debates within immigration theory about borders, exclusion, the rule of law and the role of justification in decision-making in liberal democracies, particularly in times of perceived emergency. From there, the dissertation moves on to an exploration of immigration inadmissibility determinations in Canada, with particular attention to the emergence …


Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies Apr 2016

Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Trending @ Rwu Law: Vanessa Rodriguez's Post: Clinics Collaborate On 'Crimmigration': 04/19/2016, Vanessa Rodriguez Apr 2016

Trending @ Rwu Law: Vanessa Rodriguez's Post: Clinics Collaborate On 'Crimmigration': 04/19/2016, Vanessa Rodriguez

Law School Blogs

No abstract provided.


Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Defending One-Parent Sijs, Rodrigo Bacus Apr 2016

Defending One-Parent Sijs, Rodrigo Bacus

Fordham Urban Law Journal

No abstract provided.


Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers Apr 2016

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.


Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte Apr 2016

Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte

Buffalo Human Rights Law Review

No abstract provided.


The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu Apr 2016

The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu

Independent Study Project (ISP) Collection

China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …


¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson Apr 2016

¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson

Independent Study Project (ISP) Collection

Argentina has always been a country where migration has influenced the nation’s identity. Although migration from bordering countries towards Argentina is a phenomenon that dates back to the beginnings of the nation, since the 1990s this migratory phenomenon has been the most visible in the country, especially migration from Bolivia. The visibilization of these migrants, who do not always share the characteristics of the hegemonic Argentine (the figure of the son of white European immigrants), caused in the 1990s a surge of discrimination and social rejection. Combined with the continued existence of the restrictive “Videla Law,” a migratory law from …


Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah Apr 2016

Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah

Fordham Law Review

Since 2014, U.S. immigration courts have expedited the cases of many children and families fleeing persecution in Mexico and Central America. This Article conducts an empirical and legal analysis of this policy, revealing that reasonable time between immigration court hearings is necessary to protect the statutory and constitutional rights to legal representation. A large majority of immigrants facing deportation- including those part of the recent surge of children and families from Central America and Mexico-appear at their first deportation hearing without a lawyer, often because they cannot afford one. When an immigrant appears without a lawyer and does not expressly …


Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair Apr 2016

Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair

Student Publications

The United States has a rich and interesting history of immigration. The country itself was created by waves of immigrants who came from across the globe. Although immigration has always existed in the U.S., the number of immigrants coming to the United States has increased during the 21st century, and as a result, a controversial debate surrounding the consequences of immigration has emerged. In this paper I examine how Americans view the debate on immigration, specifically focusing on what affects public opinion on this topic. I find that shifts in public opinion do not reflect changes in immigration patterns but …


Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin A. Miller Apr 2016

Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin A. Miller

Brigham Young University Prelaw Review

No abstract provided.


Using Learned Helplessness To Understand The Effects Of Posttraumatic Stress Disorder And Major Depressive Disorder On Refugees And Explain Why These Disorders Should Qualify As Extraordinary Circumstances Excusing Untimely Asylum Applications, Brandon R. White Apr 2016

Using Learned Helplessness To Understand The Effects Of Posttraumatic Stress Disorder And Major Depressive Disorder On Refugees And Explain Why These Disorders Should Qualify As Extraordinary Circumstances Excusing Untimely Asylum Applications, Brandon R. White

Buffalo Law Review

No abstract provided.