Immigration Law Commons^™

As Migrant Crisis Hits U.S. Border, Texas Town Keeps It Classy, Rick Brunson

UCF Forum

It’s a sweltering summer Sunday night in El Paso, Texas, at the city’s new downtown baseball stadium, where the local Triple-A team, the Chihuahuas, is leading the visiting Tacoma Rainiers at the seventh-inning stretch.

Us Should Not Gut Legal Protections For Immigrant Children, Lauren Carasik

Media Presence

No abstract provided.

Introduction: Appreciating Difference, Barbara Lewis

Trotter Review

Are we a narrative nation, imagined and connected mentally, tied by a common history of disruption if not by contiguous geography? Lorick-Wilmot suggests that the stories we tell offer the basis of mutual understanding across distance and cultures and generations. In a reconfigured mental Diasporic cartography, where is our citadel, our castle (not to be confused with what Europeans named as slave castles of Africa)? The remains and monuments built in this hemisphere by iron will and the drive to change yesterday, uprooting it from the ground of inequality, still stand on the highest hill in northern Haiti, reminding us …

Between Two Worlds: Stories Of The Second-Generation Black Caribbean Immigrant, Yndia S. Lorick-Wilmot

Trotter Review

People have an endless fascination with character information since it helps us to predict the behavior of those we interact with (King, Rumbaugh, and Savage-Rumbaugh 1999). Stories or narratives serve as an extension of this fascination. They help us make better decisions even without supplying immediate information. When we each talk about the past, our stories not only disclose currently relevant social particulars, but also provide tools for reasoning about action—our own and others’. In many instances, the stories we tell offer explanations of an outcome that resulted when we acted upon something—or serve as indirect memories of a place …

Recent African Immigrants’ Fatherhood Experiences In America: The Changing Role Of Fathers, Zacharia N. Nchinda

Trotter Review

This article examines the lived experiences of recent African immigrant fathers in the United States. It focuses specifically on recent African immigrant fathers with African women as wives and children below the age of 18. Its aim is a better understanding of these fathers’ involvement in the life of their children and the changes immigration has forced upon the fathers. Information for the study emanates from interviews carried out with African immigrant fathers in the Milwaukee area, supplemented by my knowledge of African immigrant communities. The categorization of the data uses a construct established by the mid-1990s DADS Project initiative …

Black Is Decidedly Not Just Black: A Case Study On Hiv Among African-Born Populations Living In Massachusetts, Chioma Nnaji, Nzinga Metzger

Trotter Review

Black or African American is a racial category that includes the descendants of enslaved Africans as well as members of foreign-born black communities who migrated to the United States from places abroad, such as Africa, the Caribbean, and Latin America. Grouping native-born and foreign-born blacks into a single homogeneous racial category may make it easier to track disease and health outcomes; however, it masks the different cultural experiences, histories, languages, social and moral values, and expectations that influence health beliefs, attitudes, practices, and behaviors. It also ignores such factors as migration, which forces foreign-born populations to examine both their traditional …

The Somali Diaspora In Greater Boston, Paul R. Camacho, Abdi Dirshe, Mohamoud Hiray, Mohamed J. Farah

Trotter Review

Our nation was founded on and thrives on immigration. One of the newest immigrant groups in the Boston area are Somalis. They are among the largest of the new populations of African immigrants. While precise numbers are very difficult to determine, there are approximately 8,000 in the Greater Boston area and another 2,000 estimated across the rest of Massachusetts. Very few studies have examined Somalis in the United States, and no studies exist on the community in Boston or Massachusetts.

It is an interesting sociological question to ask how similar the Somali experience has been in the United States (and …

Panoply: Haitian And Haitian-American Youth Crafting Identities In U.S. Schools, Fabienne Doucet

Trotter Review

In the United States, where race is a powerful factor for social stratification (Appiah & Gutmann, 1998; Glick-Schiller & Fouron, 1990a; Omni & Winant, 1986), foreign-born Blacks find themselves battling the demoralizing impacts of discrimination, racism, and xenophobia on a daily basis. In the school context, racist assumptions have been shown to predispose teachers to have lower expectations of immigrant students and other students of color, to view them more often as behavioral problems, and to assume that their parents do not value education (Doucet, 2008, 2011b; Suárez-Orozco, Suárez-Orozco, & Todorova, 2008). At the same time, the powerful influence of …

Understanding Bobadilla V. Holder: A Pragmatic Approach To Analyzing Crimes Involving Moral Turpitude For Eighth Circuit Attorneys, Jocelyn E. Bremer

Hamline Law Review

abstract

Consequences Too Harsh For Noncitizens Convicted Of Aggravated Felonies?, Erica Steinmiller-Perdomo

Florida State University Law Review

No abstract provided.

The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang

Florida State University Law Review

Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …

Immigration, Charles H. Kuck, Keith N. Jensen

Mercer Law Review

During the January 1, 2013 to December 31, 2013 survey period, courts in the Eleventh Circuit decided hundreds of cases affecting immigration law. The following is a discussion of some of those decisions that clarified important issues pertaining to immigration law in the Eleventh Circuit.

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in …

Minors Crossing Us Southern Border Need Protection, Lauren Carasik

Media Presence

No abstract provided.

Fixing Alabama's Public School Enrollment Requirements In H.B. 56: Eliminating Obstacles To An Education For Unauthorized Immigrant Children, Sean Mussey

Brigham Young University Education and Law Journal

No abstract provided.

Assessing The Board Of Immigration Appeals' Social Visibility Doctrine In The Context Of Human Trafficking, Kathleen M. Mallon

Chicago-Kent Law Review

United States asylum law provides individuals who have been persecuted in their country of origin with residency in the United States. Membership in a “particular social group” (PSG) confers refugee status on individuals applying for asylum in the United States. The Board of Immigration Appeals (BIA) initially defined a PSG as a group composed of members who all share an immutable characteristic, that is, an unchangeable characteristic or one so fundamental to an individual’s identity that they should not be required to change it. This test functioned well for over a decade; however, the BIA added an additional requirement to …

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

Journal Articles

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills …

Who Is Patrolling The Border Of Ethical Conduct?: The Convergence Of Federal Immigration Attorneys, Benefit Fraud, And Model Rule 4.2, Erin E. Barrett

William & Mary Law Review

No abstract provided.

Criminal Court, New York County, People V. Dejesus, Justin Goldberg

Touro Law Review

No abstract provided.

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.

"I Want To Be Brave": A Baseline Study On The Vulnerabilities Of Street-Working Boys In Sihanoukville, Cambodia, Jarrett Davis, Glenn Miles, M’Lop Tapang

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Focusing on street-working boys in Sihanoukville, this study partnered with social workers and child protection officers from M’lop Tapang (a key social service provider in Sihanoukville) to identify locations where young boys were known to be working along the beaches and within the town center. In recent years, Sihanoukville has become known as a rapidly developing commercial beach area, which has received increasing attention from foreign tourists, backpackers, and ex-patriots. Within this context, it has become a destination for migrant workers from surrounding provinces who have hopes of generating income through selling, begging, and other various means. The study conducted …

A Pathway To The Legal Profession, Chelsea Sylvia

University of Miami Inter-American Law Review

No abstract provided.

Perpetual Congressional Inaction: State Regulation Of Immigration In Response To Lack Of Reform, Benjamin D. Galloway

Mercer Law Review

The debate over the issue of immigration has been raging for years now, culminating in a nationwide demand for general immigration law reform-with states attempting to take matters into their own hands by passing immigration enforcement laws. For the most part, these forays into immigration legislation by states have been struck down by the United States Supreme Court. However, as immigration reform looms in the future of Congressional action, open questions still remain as to what avenues states have left to participate in immigration regulation. This Comment will attempt to answer those questions by analyzing the development of immigration law …

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth

University of Richmond Law Review

No abstract provided.

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

Illegitimate Borders: Jus Sanguinis Citizenship And The Legal Construction Of Family, Race, And Nation, Kristin Collins

Faculty Scholarship

The citizenship status of children born to American parents outside the United States is governed by a complex set of statutes. When the parents of such children are not married, these statutes encumber the transmission of citizenship between father and child while readily recognizing the child of an American mother as a citizen. Much of the debate concerning the propriety and constitutionality of those laws has centered on the extent to which they reflect gender-traditional understandings of fathers’ and mothers’ respective parental roles, or instead reflect “real differences” between men and women. Based on extensive archival research, this Article demonstrates …

Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch

BYU Law Review

No abstract provided.

Is Self-Sufficiency Really Sufficient? A Critical Analysis Of Federal Refugee Resettlement Policy And Local Attendant English Language Training In Portland, Oregon, Domminick Mcparland

Dissertations and Theses

Since the 1951 United Nations Convention, nations have dealt with refugee issues in various ways. In the United States, since the Vietnam War, there has been great debate and a significant amount of research on issues of refugee resettlement, with these discourses inherently involving issues of power and ideology. English language training and the promotion of economic self-sufficiency have been interventions used to integrate and assimilate refugees into American culture and society. These two interventions were the subject of the current investigation.

The purpose of this study was to look into the way federal refugee resettlement policy mandated by the …

Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong

Hamline Law Review

abstract

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …