Immigration Law Commons^™

The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan

Pace Law Review

Part I of this Article discusses the limitation of the pre-emption doctrine on state self-deportation laws. Part II discusses a short history of the Supreme Court’s application of the right to travel. Part III explains why the lack of federal authorization or immigrant status does not exclude people from the right to travel’s protection. Part IV discusses how the right to travel relates to citizenship and how the undocumented may exercise what has been described as a privilege or immunity of citizenship. Finally, Part V examines how the current state-based “self-deportation” immigration laws violate the right to travel.

The American "Deportation Mill", Lauren Carasik

Media Presence

No abstract provided.

Eu-Switzerland: Quo Vadis?, Marc Maresceau

Georgia Journal of International & Comparative Law

No abstract provided.

Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran

Law Faculty Scholarship

The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …

Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte

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

Assessment is a hallmark of 21st Century academia. Accordingly, the 2013 college model for countering human trafficking² was reviewed and assessed by the author, leading to a restructuring of the model, in order to present developments that have occurred since the October 2013 Interdisciplinary Conference on Human Trafficking, at the University of Nebraska-Lincoln, as well as attempting to engineer a more practical and effective model: There are two areas of research that link directly to the spectre of human trafficking. The first is economics; and, the question that is raised: “Is human trafficking, today, the result of unjust economic …

Are We Punishing "Illegal Citizen" Children To Deter Parents? Critiquing Birthright Citizenship Through The Citizens-Benefits Question And Citizenship Reductionism, Robert F. Ley

Buffalo Public Interest Law Journal

This article proposes that immigration and citizenship law must address the construction of the immigrant child "situated within the family." Counter to scholarly literature which has addressed the need for some form of the best interests of the child standard in immigration to account for unaccompanied minors, and more generally, immigrant children, this article proposes that reformation of immigration law toward a child-centered, or more specifically family-centric, policy requires attending to the flawed presumptions that the "anchor baby" myth creates-that only by devising a language for unintended consequences can we draw closer to recog- nizing the immigrant child as deserving …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture, Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic

Faculty White Papers

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

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

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom

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

Human trafficking is globally recognized as a modern day slavery with multifarious negative socio-economic, legal and health implications. Besides drugs trafficking and gun running, human trafficking has become a lucrative business globally and yields an estimated US$32 million annually. Traffickers trade on human lives, subject them to gory and traumatic experiences in order to make profits. Human trafficking is therefore the worst form of human rights violations and a gender based violence against female who constitute the majority of the victims in the country. Regrettably, Nigeria occupies the ignoble position of a source, transit and destination country for trafficking. In …

Asylum Discord: Disparities In Persecution Assessments, Scott Rempell

Nevada Law Journal

No abstract provided.

Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles

Nevada Law Journal

No abstract provided.

How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali

Journal of Public Law and Policy

This article discusses the failure of the current immigration reform debate in addressing immigration policies that affect highly unpopular ethnic communities including Muslims, Arabs, South Asians, Somalis and Iranians. The current debate on immigration reform was heavily shaped and influenced by the 2012 presidential elections and both parties’ attempts to win the Hispanic vote. For this reason, the current discourse on immigration reform has focused on one segment of the population, albeit a diverse segment.

Since the Clinton Administration, Congress has passed legislation that converged national security interests with immigration law. The current debate on immigration reform fails to address …

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9/11 perceptions of immigrant …

Flores-González, Nilda, Et. Al. Immigrant Women Workers In The Neoliberal Age., Linda M. Crawford Phd

Journal of Interdisciplinary Feminist Thought

No abstract provided.

Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill

Catholic University Law Review

No abstract provided.

Outsiders Looking In: Advancing The Immigrant Worker Movement Through Strategic Mainstreaming, Jennifer J. Lee

Utah Law Review

The immigrant worker movement faces the age-old problem of social movements: whether change should be pursued from the inside or outside. Shaped by dominant cultural norms, the current legal framework generally disadvantages immigrant workers. They suffer from workplace exploitation, anti-immigrant hostility, and exclusion. By examining the interplay between law and culture, this Article offers a unique perspective on how immigrant workers have the power to change law through cultural narratives.

Change pursued from the inside by immigrant workers, community advocates, and public interest attorneys has more immediately provided positive results for immigrant workers. They have done so by mainstreaming immigrant …

A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

Undocumented (unauthorized, illegal) immigrants seek employment on the street corners near home improvement stores offering their services and selling their labor to the employers who arrive in their cars or trucks to pick them up for a few hours of hard work. The number of undocumented immigrants in the United States continues to increase. By percentage of overall population, Nevada has one of the largest shares of undocumented immigrants in the United States, and the bulk of that percentage is Latino.

The purpose of this phenomenological qualitative research study is to gain knowledge about undocumented Latino day laborers' perceived health …

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.