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 …
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 …
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 …
Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf
Scholarly Works
Important strides are currently being made toward increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found mentally incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding such as removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial …
Buying Time? False Assumptions About Abusive Appeals,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Scholarly Works
The federal government has expressed fear that immigrants abuse the appellate process to delay their deportations by filing meritless petitions for review with the federal courts. Some courts have responded to these concerns by imposing stricter standards for issuing stays of removal, so that the government can more easily deport petitioners even while their appeals remain pending. The risk with this approach is that immigrants who ultimately prevail may be erroneously deported. What is often overlooked is that the potential for abuse is really a function of time, with longer appeals posing a greater threat to immigration enforcement. This study …
Justice On The Fly: The Danger Of Errant Deportations,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Justice On The Fly: The Danger Of Errant Deportations, Fatma Marouf, Michael Kagan, Rebecca Gill
Scholarly Works
The government may deport an immigrant appealing a deportation order in federal court even before the court rules on the case, unless the court issues a stay of removal. In its 2009 decision in Nken v. Holder, the Supreme Court clarified that the legal standard for stays of removal is the same test courts use for preliminary injunctions. Yet Justice Kennedy expressed frustration that the Court had little data to inform its decision. The Court will likely need to revisit this issue, as doubts cloud the meaning of Nken’s main holdings, in part because the government misled the …
Must Israel Accept Syrian Refugees?,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Must Israel Accept Syrian Refugees?, Michael Kagan
Scholarly Works
In this article, Professor Michael Kagan discusses Israel's policy to refuse asylum to "subjects of enemy or hostile states," in the context of a 2004 asylum case filed by a Syrian girl. A decade later, Israel has not accepted a single Syrian refugee. Professor Kagan examines the moral and legal responsibilities of Israel and how they conflict with its current policy.
Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support",
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support", Stewart Chang
Scholarly Works
In this article, Professor Stewart Chang uses the situation of H-4 visa derivatives in the Asian Indian immigrant community as a case study to expose and critique larger incongruities within current American immigration policy, which on the one hand has historically extolled individuality, equality, and workforce participation as avenues to the American Dream, while enforcing gender hierarchy and dependency through requirements that prioritize family unity on the other. These incongruities remain largely unnoticed because the culture of dependency is often attributed to traditional ethnic culture, which then becomes the site of scrutiny and blame. The H-4 visa dilemma in the …
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 …
The New Nexus,
2014
University of Colorado Law School
The New Nexus, Anjum Gupta
University of Colorado Law Review
United States asylum law provides protection to individuals fleeing their home countries due to "persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." While significant scholarly and judicial attention has been paid to the interpretations of the five grounds-in particular to the 'olitical opinion" and 'particular social group" categories as they pertain to gender based claims and claims involving private harms-relatively little debate has focused on the proper formulation of the "on account of," or "nexus," requirement. Yet, scant guidance exists (whether by statute, regulation, or …
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface.,
2014
St. Mary's University
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface., Sarah Anne Lishman
St. Mary's Law Journal
Abstract Forthcoming.
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?,
2014
St. Mary's University
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?, Xavier Rodriguez
St. Mary's Law Journal
Jury participation is helpful in many respects. It fosters an understanding of the third branch of government and the workings of the judicial system. It offers the opportunity for individuals to serve in a unique role: neutral factfinder. Moreover, in an age of declining voter participation, jury service provides individuals with the opportunity to directly participate in our governmental structure. Despite these positive attributes, jury trials as we knew them are on the decline. That may or may not be problematic, depending on what types of cases are being impacted. Where parties have reached a voluntary and informed settlement on …
Hands Off Our Fingerprints: State, Local, Andindividual Defiance Of Federal Immigrationenforcement,
2014
University of Washington
Hands Off Our Fingerprints: State, Local, Andindividual Defiance Of Federal Immigrationenforcement, Christine N. Cimini
Articles
Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government’s immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically shared with the Department of Homeland Security, which checks the fingerprints against its immigration database. In the event of a match, an immigration detainer can be issued and an individual held after they would otherwise be entitled to release. Originally designed as a voluntary program in which local governments could choose to participate, the Department …
Legal Status And The Criminal Activity Of Immigrants,
2014
University of Essex
Legal Status And The Criminal Activity Of Immigrants, Giovanni Mastrobuoni, Paolo Pinotti
Upjohn Institute Working Papers
We exploit exogenous variation in legal status following the January 2007 European Union enlargement to estimate its effect on immigrant crime. We difference out unobserved time-varying factors by 1) comparing recidivism rates of immigrants from the “new” and “candidate” member countries and 2) using arrest data on foreign detainees released upon a mass clemency that occurred in Italy in August 2006. The timing of the two events allows us to set up a difference-in-differences strategy. Legal status leads to a 50 percent reduction in recidivism and explains one-half to two-thirds of the observed differences in crime rates between legal and …
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 …
