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Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos 2021 The University of San Francisco

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with ...


Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim 2021 Northwestern Pritzker School of Law

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers ...


The Politics Of Stupidity At The U.S.-Mexico Border: The Devil’S Highway By Luís Alberto Urrea, Valeria Ramos Jansen 2021 Golden Gate University School of Law

The Politics Of Stupidity At The U.S.-Mexico Border: The Devil’S Highway By Luís Alberto Urrea, Valeria Ramos Jansen

GGU Law Review Blog

A vivid, shocking, and provocative story about 26 “walkers”—migrating Mexican men who suffered and died in the Arizona desert on May 19, 2001—The Devil’s Highway is a profound work of nonfiction by Luís Alberto Urrea. Born in Tijuana to a Mexican father and an American mother, Urrea understands the contradictions and absurdities at the U.S.-Mexico border. While Urrea clearly wants the reader to learn about the walkers’ humanity and motivations to leave Mexico, he leaves it up to readers to arrive at their own conclusions about their coyotes and guides. Sometimes Urrea sympathizes with the ...


Are Sanctuary Cities Safe? Evaluating The Doj’S Authority To Impose Immigration Conditions On Criminal Justice Grants, Heather Odell 2021 Boston College Law School

Are Sanctuary Cities Safe? Evaluating The Doj’S Authority To Impose Immigration Conditions On Criminal Justice Grants, Heather Odell

Boston College Law Review

On March 24, 2020, in City of Providence v. Barr, the U.S. Court of Appeals for the First Circuit held that the Department of Justice lacked statutory authority to impose immigration-related conditions on Edward Byrne Memorial Justice Assistance Grants awarded to Providence and Central Falls, Rhode Island. As the most recent of five circuit courts to consider this issue, the First Circuit squarely rejected the Second Circuit’s holding that the challenged conditions were statutorily authorized. Instead, the First Circuit sided with the Seventh, Third, and Ninth Circuits in striking down the challenged conditions. Although the First Circuit reached ...


2020 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic 2021 University of Maine School of Law

2020 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic

Cumberland Legal Aid Clinic Annual Report

  • Program Overview 3
  • General Practice Clinic 5
  • Prisoner Assistance Clinic 6
  • Juvenile Justice Clinic 7
  • Refugee and Human Rights Clinic 9
  • Protection From Abuse Program 10
  • Staffing 11


"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado 2021 William & Mary Law School

"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado

William & Mary Journal of Race, Gender, and Social Justice

The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card ...


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti 2021 William & Mary Law School

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla McKanders 2021 William & Mary Law School

Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte 2021 William & Mary Law School

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

William & Mary Journal of Race, Gender, and Social Justice

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time ...


The Continuing Legacy Of The National Origin Quotas, Angela M. Banks 2021 William & Mary Law School

The Continuing Legacy Of The National Origin Quotas, Angela M. Banks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward 2021 University of Arkansas, Fayetteville

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, McKenna Meadows, Brice Phillips 2021 West Virginia University College of Law

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part I, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

The Trump Administration’s immigration policies consistently targeted immigrants, refugees, children, victims of gang violence, and individuals classified as “public charges.” For example, one of former President Trump’s first Executive Orders increased detention of immigrants at the border, including women and children, and limited access to asylum nationwide by expanding expedited removal. Another Order issued the very same day cut federal funding to “sanctuary cities” —jurisdictions that refuse to cooperate with federal authorities in enforcing immigration laws for the sake of protecting immigrant communities. And still another originally suspended the issuance of visas to nationals from Iran, Iraq, Sudan ...


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, McKenna Meadows, Brice Phillips 2021 West Virginia University College of Law

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death by MS-13 because his sister fled the country to avoid becoming a gang leader’s girlfriend. It contends not only that Portillo-Flores is inconsistent with general immigration standards, but also that the Fourth Circuit committed two main legal errors. First, the Fourth Circuit erred in requiring that Portillo-Flores should have reported the ...


The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt 2021 Villanova University Charles Widger School of Law

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal

No abstract provided.


Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco 2021 Villanova University Charles Widger School of Law

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu 2021 University of California, Irvine School of Law

Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu

UC Irvine Law Review

Immigration enforcement has been especially brazen under the Trump administration. As part of a larger “mass deportation agenda,” and in retaliation against localities taking measures to protect immigrants, Immigration and Customs Enforcement (ICE) agents have significantly increased their presence at courthouses. As a result, ICE arrests at courthouses, or “courthouse arrests,” have instilled fear in immigrant communities and chilled participation in the legal system. While these arrests have had far-reaching impacts, preventing survivors and witnesses from accessing the court to seek relief, the focus of this Note is on the particular impact on noncitizen defendants involved in criminal proceedings. Increasingly ...


The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson 2021 University of California, Irvine School of Law

The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson

UC Irvine Law Review

The federal government has slowly chipped away at U.S. asylum protections over the past several decades. Moves to expand the detention and criminalization of asylum seekers in an effort to deter asylum seekers’ entry into the United States have been denounced as violations of U.S. obligations under domestic and international law.1 Yet, in 2018, the Trump administration announced the Migrant Protection Protocols (MPP), an unprecedented policy that sends asylum seekers back to Mexico to await their U.S. immigration court hearings. The MPP presents unique challenges to the due process and nonrefoulement tenets of our asylum system ...


“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik de Alarcón, David H. Secor, Norma Fuentes-Mayorga 2021 Safe Horizon Immigration Law Project

“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga

Michigan Journal of Race and Law

This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview ...


Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom 2021 Georgetown University Law Center

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.


Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah Sherman-Stokes 2021 Boston University School of Law

Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah Sherman-Stokes

Faculty Scholarship

We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate ...


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