Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights,
2014
UIC School of Law
Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, Sarah Dávila A.
UIC Law Review
The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.
In Pursuit Of Calmer Waters: Managing The Impact Of Trauma Exposure On Immigration Adjudicators,
2014
Barry University
In Pursuit Of Calmer Waters: Managing The Impact Of Trauma Exposure On Immigration Adjudicators, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood,
2014
University of the District of Columbia David A Clarke School of Law
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell
Journal Articles
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law,
2014
American University Washington College of Law
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform,
2014
American University Washington College of Law
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …
Problems Faced By Mexican Asylum Seekers In The United States,
2014
American University Washington College of Law
Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot
Scholarly Articles in Law Reviews & Journals
Violence in Mexico rose sharply in response to President Felipe Calder6n's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines-from the perspective of an attorney who represented …
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law,
2014
University of Idaho College of Law
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard
Articles
No abstract provided.
Trafficking In Child Labor In Ghana And Senegal,
2014
United States Air Force Academy
Trafficking In Child Labor In Ghana And Senegal, Steven Brandt
Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)
The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …
Recycled Modernity: Google, Immigration History, And The Limits For H-1b,
2014
University of Central Florida
Recycled Modernity: Google, Immigration History, And The Limits For H-1b, Neil Patten
Electronic Theses and Dissertations
Regulation of admission to the United States for technology workers from foreign countries has been a difficult issue, especially during periods of intense development. Following the dot.com bubble, the Google Corporation continued to argue in favor of higher limits under the Immigration and Nationality Act exception referred to as "H-1B" for the section of the law where it appears. H-1B authorized temporary admission for highly skilled labor in specialty occupations. Congressional testimony by Laszlo Bock, Google Vice President for People Operations, provided the most succinct statement of Google's concerns based on maintaining a competitive and diverse workforce. Diversity has been …
Serious Harm,
2014
Universty of Michigan Law Library
Serious Harm, James C. Hathaway
Book Chapters
Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …
Theories Of Immigration Law,
2014
University of Oklahoma College of Law
Theories Of Immigration Law, Kit Johnson
Faculty Articles
Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant’s right of entry into the United States, (2) domestic interest theory, which considers whether and to what degree allowing migrants into the United States will benefit the country as a whole, (3) national values theory, which focuses on whether the admission of migrants promotes the fundamental values of the country, …
States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students ,
2014
University of Utah
States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students , Stephen L. Nelson, Jennifer L. Robinson, Kara Hetrick Glaubitz
Michigan Journal of Race and Law
Part I of this Article details both the legislative and legal history of undocumented immigrants’ access to education in the United States. Part II then describes the current U.S. state laws in effect regarding in-state tuition for undocumented immigrant students at state-funded colleges and universities. Part III further explores the development of laws and policies with a keen focus on potential correlations between (1) the racial composition of state legislatures and the passage of in-state tuition policies; (2) the race of governors and the passage of in-state tuition policies; (3) partisan composition of state legislatures and the passage of in-state …
Avetisyan's Limited Improvements Within The Overburdened Immigration Court System,
2014
University of Colorado Law School
Avetisyan's Limited Improvements Within The Overburdened Immigration Court System, Kristin Bohman
University of Colorado Law Review
In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to later re-calendaring by either party for final resolution. By giving judges the authority to administratively close cases, Avetisyan reaffirms the independent decision-making authority of immigration judges and allows them to reallocate some of their limited time to more pressing cases. But Avetisyan's break from precedent cannot reach the roots of the …
Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety,
2014
Mitchell Hamline School of Law
Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler
William Mitchell Law Review
No abstract provided.
Multiple Nationality And Refugees,
2014
University of Connecticut School of Law
Multiple Nationality And Refugees, Jon Bauer
Faculty Articles and Papers
Persons with more than one nationality (“multiple nationals”) who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships. The 1951 U.N. Convention Relating to the Status of Refugees, however, expressly makes them ineligible for refugee status unless they have a well-founded fear of being persecuted in all their countries of nationality. The U.S. Refugee Act omits this exclusionary language but nonetheless has been read by immigration agencies as if it incorporated the Convention’s approach. This Article challenges …
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014),
2014
UIC School of Law
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
UIC Law Review
No abstract provided.
Immigration Remarks For The 10th Annual Wiley A. Branton Symposium,
2014
Penn State Law
Immigration Remarks For The 10th Annual Wiley A. Branton Symposium, Shoba S. Wadhia
Faculty Scholarship
This morning (despite the pressure that our panel comes right before lunch), I am going to provide a “101” on the role of prosecutorial discretion in immigration law, which is my primary area of research and fundamental to understanding how the immigration system operates. Prosecutorial discretion is a largely invisible tool that enables thousands, if not millions, of unauthorized noncitizens to reside in the United States without fear from deportation. It may be characterized as invisible because prosecutorial discretion decisions are largely connected to no action at all or as some call it, nonenforcement. A favorable exercise of “prosecutorial discretion” …
Persecution Of Particular Social Groups And The Much Bigger Immigration Picture,
2014
Indiana University Robert H. McKinney School of Law
Persecution Of Particular Social Groups And The Much Bigger Immigration Picture, R. George Wright
Cleveland State Law Review
Often, aliens seek what is called discretionary asylum, which requires that they show “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” While virtually every word of this requirement is of doubtful meaning and scope, the focus of this Article will be on the idea of persecution based specifically on “membership” in a particular group. Defining, for practical purposes, the idea of a “particular social group” has proven to be remarkably difficult, as is evidenced by widespread official illogic and dubious public policy.
A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration,
2014
Penn State Law
A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero
Faculty Scholarship
This essay is a brief meditation on the immigration schizophrenia in our law and legal culture through the lens of the Supreme Court’s latest statement on immigration and crime, Moncrieffe v. Holder. While hailed as a “common sense” decision, Moncrieffe is a rather narrow ruling that does little to change the law regarding aggravated felonies or the ways in which class and citizenship play into the enforcement of minor drug crimes and their deportation consequences. Despite broad agreement on the Court, the Moncrieffe opinion still leaves the discretion to deport minor state drug offenders in the hands of the federal …
The Rise Of Speed Deportation And The Role Of Discretion,
2014
Penn State Law
The Rise Of Speed Deportation And The Role Of Discretion, Shoba S. Wadhia
Faculty Scholarship
In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals of speed deportation are economic; these processes save government resources from being spent on procedural safeguards such as a trial attorney, immigration judge, and a fundamentally fair hearing. Higher deportation numbers may also benefit the image the government seeks to portray to policymakers who support amplified immigration enforcement. However, the human consequences of speed deportation are significant and can result in …
