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5,644 full-text articles. Page 149 of 176.

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López 2013 University of Miami School of Law

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

Articles

No abstract provided.


Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman 2013 The City University of New York School of Law

Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman

University of Baltimore Law Review

No abstract provided.


Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio 2013 University of Maryland Francis King Carey School of Law

Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio

Maryland Law Review

No abstract provided.


(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell 2013 University of the District of Columbia David A Clarke School of Law

(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell

Journal Articles

n June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, 1 striking down three of the four provisions of Arizona’s notorious Senate Bill (“S.B.”) 10702 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the majority of Arizona’s attempt to regulate immigration at the state level through S.B. 1070 was impermissible, the Supreme Court let stand the most controversial section of the law, Section 2(B)—the socalled “show me your papers” provision.3 Under Section 2(B), state and local law enforcement …


Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik 2013 John Marshall Law School

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …


Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner 2013 Barry University

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.


American Dreams, Trafficking Nightmares, Mariana C. Minaya 2013 University of Maryland Francis King Carey School of Law

American Dreams, Trafficking Nightmares, Mariana C. Minaya

Student Articles and Papers

Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …


Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw 2013 Mercer University School of Law

Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw

Articles

As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …


Federal Constraints On States’ Ability To License An Undocumented Immigrant To Practice Law , Adam Wright 2013 University of Michigan Law School

Federal Constraints On States’ Ability To License An Undocumented Immigrant To Practice Law , Adam Wright

Michigan Journal of Race and Law

No court has decided whether an undocumented immigrant can be admitted to a state bar in a manner consistent with federal law. At the time of this writing, the issue is pending before the California Supreme Court. Federal law prohibits states from providing public benefits to undocumented immigrants. In its definition of a “public benefit,” 8 U.S.C. § 1621 includes any professional license “provided by an agency of a State . . . or by appropriated funds of a State . . . .” The law’s prohibitions, however, are not unqualified. The statute’s “savings clause” allows states to provide public …


Enforcing Masculinities At The Borders, Jamie R. Abrams 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.


Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond 2013 University of Ottawa

Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond

Michigan Journal of International Law

The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …


Bordering On Discrimination: Effects Of Immigration Policies/Legislation On Indigenous Peoples In The United States And Mexico, Sara Daly 2013 University of Oklahoma College of Law

Bordering On Discrimination: Effects Of Immigration Policies/Legislation On Indigenous Peoples In The United States And Mexico, Sara Daly

American Indian Law Review

No abstract provided.


Collaborative Regulation: Cooperation Between State And Federal Governments Is Key To Successful Immigration Reform, Brett Merritt 2013 University of Oklahoma College of Law

Collaborative Regulation: Cooperation Between State And Federal Governments Is Key To Successful Immigration Reform, Brett Merritt

Oklahoma Law Review

No abstract provided.


Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King 2013 University of Florida Levin College of Law

Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King

UF Law Faculty Publications

The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …


Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl 2013 University of Toronto Faculty of Law

Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl

Indiana Journal of Global Legal Studies

The desire to be great, to make a lasting mark, is as old as civilization itself. Today, it is no longer measured exclusively by the size of a polity's armed forces, the height of its pyramids, the luxury of its palaces, or even the wealth of its natural resources. Governments in high-income countries and emerging economies alike have come to subscribe to the view that in order to secure a position in the pantheon of excellence, it is the ability to draw human capital, to become an "IQ magnet," that counts. Across the globe, countries are vying to outbid one …


In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin 2013 University of California, Irvine

In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin

Indiana Journal of Global Legal Studies

To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …


You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan 2013 The Catholic University of America, Columbus School of Law

You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan

Catholic University Law Review

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather l. Williams 2013 University of Maryland Francis King Carey School of Law

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …


“I Took Up The Case Of The Stranger”: Arguments From Faith, History And Law, David H. Michels, David Blaikie 2013 Dalhousie University Schulich School of Law

“I Took Up The Case Of The Stranger”: Arguments From Faith, History And Law, David H. Michels, David Blaikie

Articles, Book Chapters, & Popular Press

It may seem surprising that faith groups would offer sanctuary to refused refugees, or material support to undocumented migrants. These acts of resistance and compassion require normally law-abiding moral people to make a conscious choice to defy government and perhaps, if necessary, even break the law. The success of sanctuary movements (defined broadly here) relies on broad public support both to attract willing collaborators, and to forestall government intervention. Previous studies have examined the discourse around sanctuary practice, and the ensuing public debates. This chapter adds to this body of work by offering an empirical study of how individuals and …


Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero 2013 Penn State Law

Reading (Into) Windsor: Presidential Leadership, Marriage Equality, And Immigration Policy, Victor C. Romero

Faculty Scholarship

Following the demise of the federal Defense of Marriage Act in United States v. Windsor, the Obama Administration directed a bold, equality-based reading of Windsor to immigration law, treating bi-national same-sex couples the same as opposite-sex couples. This Essay argues that the President's interpretation is both constitutionally and politically sound: Constitutionally, because it comports with the Executive's power to enforce immigration law and to guarantee equal protection under the law; and politically, because it reflects the current, increasingly tolerant view of marriage equality. Though still in its infancy, President Obama's policy of treating same-sex beneficiary petitions generally the same as …


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