Measuring State-Created Immigration Climate,
2013
Texas A&M University School of Law
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 …
Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation,
2013
Brooklyn Law School
Governors: Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow
Faculty Scholarship
No abstract provided.
The Continued Marginalization Of People Living With Hiv/Aids In U.S. Immigration Law,
2013
HIV Law Project
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.
Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers,
2013
Benjamin N. Cardozo School of Law
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.
Policy On Immigration From The Southwest And Resulting Border Control Security Implications,
2013
Purdue University
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.
Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws,
2013
Chicago-Kent College of Law
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 …
The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court,
2013
University of Georgia Law School
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 …
Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform,
2013
University of Washington School of Law
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 …
The Plea Bargain Crisis For Noncitizens In Misdemeanor Court,
2013
University of Georgia School of Law
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 …
Deportation Of Aliens For Criminal Convictions,
2013
Pepperdine University
Deportation Of Aliens For Criminal Convictions, David F. Aberson
Pepperdine Law Review
No abstract provided.
Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa,
2013
William & Mary Law School
Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill
William & Mary Law Review
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Human Face Of Permanent Climate-Induced Displacement,
2013
Bryant University
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 …
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis,
2013
Pepperdine University
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.
Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb ,
2013
Pepperdine University
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.
Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System ,
2013
Pepperdine University
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.
Crisis On The Immigration Bench: An Ethical Perspective,
2013
Pepperdine University
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 …
"Good Moral Character" As A Licensing Standard,
2013
Pepperdine University
"Good Moral Character" As A Licensing Standard, Larry Craddock
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Umass Boston – Brazilian Immigrant Center Partnership,
2013
University of Massachusetts Boston
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 …
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants,
2013
Pepperdine University
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.
