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Articles 2881 - 2910 of 5645

Full-Text Articles in Immigration Law

The Beginning Of The End: United States V. Alabama And The Doctrine Of Self-Deportation, Benjamin D. Galloway Jul 2013

The Beginning Of The End: United States V. Alabama And The Doctrine Of Self-Deportation, Benjamin D. Galloway

Mercer Law Review

In United States v. Alabama, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit struck down several sections of Alabama's Hammon-Beason Alabama Taxpayer and Citizen Protection Act (H.B. 56). This Act-which has been called the strictest anti-immigration law in the country-demonstrates a growing trend among states to exert more control over immigration regulation. Writing for the court, Judge Wilson concluded that federal law preempted sections 10, 11(a), 13(a), 16, 17, and 27 of H.B. 56. In so holding, the Eleventh Circuit gave a victory to those championing the rights of illegal immigrants while also …

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Measuring State-Created Immigration Climate, Huyen Pham, Pham Hoang Van Jul 2013

Measuring State-Created Immigration Climate, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The phenomenon of subfederal immigration regulation, in which state and local governments enact laws regulating immigrants within their jurisdictions, has become an enduring part of the American legal landscape. Though still the subject of occasional legal challenges, the focus of the national conversation has shifted from whether to have subfederal immigration regulation, to what form that regulation should take. States have taken widely varying approaches to immigration regulation; some like Arizona and Alabama have enacted restrictive, negative laws, while other states like Illinois and California have enacted laws to benefit the immigrants within their jurisdictions. Thus, in order to understand …

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Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow Jul 2013

Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow

Faculty Scholarship

No abstract provided.

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The Continued Marginalization Of People Living With Hiv/Aids In U.S. Immigration Law, Cristina Velez Jul 2013

The Continued Marginalization Of People Living With Hiv/Aids In U.S. Immigration Law, Cristina Velez

City University of New York Law Review

No abstract provided.

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Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe Jul 2013

Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe

Cardozo Public Law, Policy & Ethics Journal

The note examines the systemic challenges in providing adequate HIV treatment to immigration detainees in U.S. Immigration and Customs Enforcement (ICE) custody, highlighting the legal and practical barriers that prevent detainees from receiving consistent and effective medical care. It argues that the current framework, governed by non-binding standards and inconsistent enforcement, fails to ensure humane treatment under the Constitution, particularly the Eighth Amendment’s prohibition of cruel and unusual punishment. The analysis calls for structural reforms, including codifying detention standards into enforceable regulations and improving oversight mechanisms, to address the inadequate medical care for HIV-positive detainees.

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Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera Jun 2013

Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera

Student Papers in Public Policy

The attacks of September 11, 2001 (9/11) forced the United States to examine its immigration policies and how they relate to the national security of the nation. In the months following these events, Congress expanded the nation’s ability to collect data and share information on suspected terrorists through the passage of several laws focused on detaining and deportation of immigrants (Rosenblum, 2011). Although the intention of the enactment of these policies was to protect the nation from further terrorist attacks, they have created unforeseen impacts on populations identified as immigrants into the United States.

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Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal Jun 2013

Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal

Chicago-Kent Law Review

Recent political discourse on undocumented immigration has triggered questions regarding the extent to which the individual states are preempted from making undocumented immigrants eligible for certain state benefits. In-state tuition, in particular, has become a site of contentious debate. This Note examines whether states may, consistent with federal law and federal preemption principles, make undocumented students eligible to matriculate at public universities at the in-state rate. Part I of this Note provides historical background on the development of the federal exclusivity principle in matters of immigration law. Part II examines the federal laws against which immigrant in-state tuition laws are …

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Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam Jun 2013

Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam

Washington International Law Journal

Mexico is a transit country for hundreds of thousands of migrants traveling north. Due to economic liberalization, women increasingly migrate in search of employment opportunities, a phenomenon called the “feminization of migration.” As women migrate, they face high risks of sexual and gender-based violence, including sexual assault, rape, kidnapping, and trafficking. During transit, the impunity of organized criminal groups and corrupt state officials facilitate rampant abuse of women. Mexico’s former migration policy exacerbated women’s vulnerability to abuse by criminal organizations by pushing women into dangerous illicit migration channels. In response to the abuse of transmigrants, Mexico passed a sweeping migration …

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The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …

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The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Cardozo Law Review

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen's low-level conviction will not reliably indicate guilt …

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Deportation Of Aliens For Criminal Convictions, David F. Aberson May 2013

Deportation Of Aliens For Criminal Convictions, David F. Aberson

Pepperdine Law Review

No abstract provided.

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Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill May 2013

Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill

William & Mary Law Review

No abstract provided.

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Book Reviews, David J. Agatstein Apr 2013

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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The Human Face Of Permanent Climate-Induced Displacement, Alaina Umbach Apr 2013

The Human Face Of Permanent Climate-Induced Displacement, Alaina Umbach

Honors Projects in History and Social Sciences

Climate change is predicted to lead to mass displacement, since the land where millions of people currently live will be, at some point, covered with water. For some populations, this will mean to be permanently displaced to a different country because the territory that their sovereign nations occupy will disappear. The most well‐known cases involve the citizens of Vanuatu, Kiribati, Tuvalu, and the Maldives. As the negative impact of climate change becomes clearer and closer in time, policy solutions to this problem are discussed. In this paper, I look at previous cases of populations’ displacement to identify policy lessons that …

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Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown Apr 2013

Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez Apr 2013

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan Apr 2013

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Apr 2013

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …

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"Good Moral Character" As A Licensing Standard, Larry Craddock Apr 2013

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston Apr 2013

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …

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Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki Apr 2013

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Deportation And The War On Independence , Stephen H. Legomsky Apr 2013

Deportation And The War On Independence , Stephen H. Legomsky

Journal of the National Association of Administrative Law Judiciary

Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …

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Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman Apr 2013

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.

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Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin Apr 2013

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor Apr 2013

Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor

Journal of the National Association of Administrative Law Judiciary

In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at the asylum office interview, in immigration court, on administrative appeal to the Board of Immigration Appeals (BIA), and on petition for review to the federal courts of appeals. At each level, the Asylum Study generates empirical findings to support what we knew mostly by anecdote …

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Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq Apr 2013

Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq

Vanderbilt Law Review

In April 2010, the Arizona legislature enacted the Support Our Law Enforcement and Safe Neighborhoods Act. Commonly known as SB 1070, the law created a slate of new criminal offenses and arrest powers covering aliens within Arizona's borders. SB 1070 proved divisive. It inspired copycat legislation in several states, provoked sharp criticism from the legal academy, and-most relevant here- catalyzed a lawsuit by the U.S. Department of Justice seeking a preliminary injunction against the state law on the ground that it was preempted by federal law. Initially, the federal government's litigation prospects seemed dim. One term before SB 1070 reached …

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The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam Apr 2013

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Articles

No abstract provided.

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The Institutional And Social Integration Of Child Asylum-Seekers In The Schools And Society Of The Canton Of Vaud, Switzerland, Sonja C. Brinker Apr 2013

The Institutional And Social Integration Of Child Asylum-Seekers In The Schools And Society Of The Canton Of Vaud, Switzerland, Sonja C. Brinker

Independent Study Project (ISP) Collection

As an increasing number of asylum-seekers cross the border into Switzerland in search of protection, Switzerland faces the challenge of accommodating and integrating asylum populations into society while protecting all basic human rights. This study looks at the reception of child asylum-seekers in the canton of Vaud, Switzerland in terms of their integration in the education system and society. A series of interviews and a literature review were used to identify what services are available to child asylumseekers both at school and within the canton that may facilitate integration. The findings of this study indicate that child asylum-seekers are receiving …

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The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield Mar 2013

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper Mar 2013

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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