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The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell 2010 University of the District of Columbia David A Clarke School of Law

The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell

Journal Articles

This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. The paper discuss how day laborers - individuals, mostly Latino men, who seek short-term employment in public fora - are routinely targeted by state and local governments, federal immigration authorities, anti-immigrant activists, and the general public as a symbol of the employment of unauthorized aliens. Even though many day laborers are lawfully present, or have authorization to work in the United States, due to the high-profile …


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake 2010 University of Michigan Law School

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Michigan Law Review First Impressions

The Statue of Liberty, which has been called the "Mother of Exiles," stands as a reminder of one of the foundational ideals of U.S. immigration policy-providing refuge to the vulnerable. Women worldwide have new reason to believe in this promise, because victims of domestic violence may now have a better chance of being granted asylum in a U.S. immigration court.


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su 2010 State University of New York at Buffalo Law School

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Michigan Law Review First Impressions

Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the Department of Homeland Security. Rather, it has been the result of legislative action taken in one state-Arizona. Arizona's move to regulate immigration has predictably raised questions about the proper role of a state with respect to an area dominated by federal legislation. Yet the discussion thus far …


Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren 2010 University of Idaho College of Law

Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren

Articles

No abstract provided.


Extending Due Process Protections To Unadmitted Aliens Within The U.S. Through The Functional Approach Of Boumediene, Charles Shane Ellison 2010 Duke Law School

Extending Due Process Protections To Unadmitted Aliens Within The U.S. Through The Functional Approach Of Boumediene, Charles Shane Ellison

Faculty Scholarship

No abstract provided.


The Michigan Guidelines On The Right To Work, 2010 University of Michigan Law School

The Michigan Guidelines On The Right To Work

Michigan Journal of International Law

The right to work is fundamental to human dignity. It is central to survival and development of the human personality. According to the International Labour Organization (ILO), decent work "sums up the aspirations of people in their working lives-for opportunity and income; rights, voice and recognition ..." Work is interrelated, interdependent with, and indivisible from the rights to life, equality, the highest attainable standard of physical and mental health, an adequate standard of living, the right to social security and/or social assistance, freedom of movement, freedom of association, and the rights to privacy and family life, among others.


Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel 2010 University of the District of Columbia David A Clarke School of Law

Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel

Journal Articles

In July 2008, the Board of Immigration Appeals (BIA)1 affirmed an Immigration Judge’s (“IJ”) denial of asylum to three young Salvadoran siblings fleeing gang violence and threats. This decision affects the likelihood that other youth and their family members fleeing gang violence will gain protection in the United States. The reach of the BIA decision in Matter of S-E-G-2 stretches far beyond the facts of the actual case or gang cases in general and may shape the future of asylum based on membership in a particular social group. The BIA published Matter of S-E-G- as one of only 36 precedent …


Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell 2010 University of the District of Columbia David A Clarke School of Law

Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell

Journal Articles

The first decade of the twenty-first century has been grim for immigrants to the United States—both legal and undocumented—and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a patchwork of local ordinances, statutes, and ballot initiatives ostensibly designed to do what the federal government had failed to do—regulate the flow of immigration into their cities and towns. As the economy continues to spiral downward into what may very well be the next Great …


Volume 6 Issue 2, 2010 American University Washington College of Law

Volume 6 Issue 2

The Modern American

No abstract provided.


Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …


Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay 2010 University of Baltimore School of Law

Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay

All Faculty Scholarship

This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government’s authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress’ commerce authority, into a power that was unmoored from the Constitution, derived from the nation’s “inherent sovereignty,” and subject to extraordinary judicial deference. This framework, which is commonly referred to as the “plenary power doctrine,” has stood for more than a century as an anomaly within American public law. The principal legal and rhetorical rationale for the …


The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder 2010 St. Mary's University

The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder

St. Mary's Law Journal

Congress has several options in limiting the execution of war, however, Congress has no implied constitutional authority to terminate a war. Congress may limit the scope at the outset of the war, dissolve the army, or use its appropriation power. Congress may also impeach the President. Domestic statutes, the Court’s strong protection of essential liberties, and the democratic process further check the President’s power. Short of these, however, neither the Constitution nor subsequent case law gives Congress any definitive power to end or effectively limit the President’s ability to conduct a war. Congress gets its “bite at the apple” at …


Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole 2010 St. Mary's University

Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole

St. Mary's Law Journal

Safford Unified Sch. Dist. No. 1 v. Redding (Redding III) represents a pivotal decision in school search and seizure jurisprudence, specifically regarding strip searches of students. Redding III establishes constraints specific to strip searches on the search and seizure authority of school officials. Redding III is intended to provide a uniform test for the judiciary and school officials when evaluating the reasonableness of strip searches of students. The Court explicitly interposed a “reliable knowledge” element requiring: (1) the degree to which known facts imply prohibited conduct; (2) the specificity of the information received; and (3) the reliability of its source. …


The Legal Arizona Workers Act And Preemption Doctrine, Sandra J. Durkin 2010 University of Michigan Law School

The Legal Arizona Workers Act And Preemption Doctrine, Sandra J. Durkin

Michigan Journal of Race and Law

in recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went into effect in 2008 and has amassed more than two years' worth of data on its enforcement, and because it is touted as the harshest state anti-immigration measure to date. This Note examines the law's impacts and argues that practitioners nationwide should challenge the Legal Arizona …


Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie 2010 American University Washington College of Law

Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie

Research Reports & White Papers

Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …


Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang 2010 University of Masschusetts Boston

Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang

Trotter Review

In 2002, the oldest Khmer (Cambodian) American community organization in Massachusetts, the Cambodian Community of Massachusetts (CCM), closed its doors to constituents in the state’s North Shore metro region, where the adjacent gateway cities of Lynn and Revere were home to the country’s fifth-largest concentration of Cambodian Americans, according to the 2000 Census. Founded by Cambodian refugees and their supporters in 1981 as one of the first-generation mutual assistance associations encouraged by the federal Office for Refugee Resettlement, CCM had operate as an ethnic-based, multiservice agency that helped survivors of war and trauma in Cambodia to adjust to U.S. society …


U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King 2010 University of Florida Levin College of Law

U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King

UF Law Faculty Publications

Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S. immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to petition for family members who live in other countries to join them in the United States. Even the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), often described as a draconian statute, technically allows otherwise removable "aliens" to remain in the United States if removal would result …


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless 2010 University of Miami School of Law

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Articles

No abstract provided.


Christian Realism And Immigration Reform, Victor C. Romero 2010 Penn State Law

Christian Realism And Immigration Reform, Victor C. Romero

Faculty Scholarship

Drawing upon President Barack Obama’s admiration of Reinhold Niebuhr’s work, this Essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a pragmatic, yet optimistic, alternative to secular liberalism’s faith in reason by striving instead to adhere to God’s guidance on matters, taking into account the fundamentally flawed nature of man. The specific policy prescriptions described here mirror the twin virtues of Christian realism by promoting the hope in pursuit of the peaceable kingdom and …


Immigration, Ethnicity, And Marginalization: The Maya K’Iche Of New Bedford, Jorge Capetillo-Ponce, Gissell Abreu-Rodriguez 2010 University of Masschusetts Boston

Immigration, Ethnicity, And Marginalization: The Maya K’Iche Of New Bedford, Jorge Capetillo-Ponce, Gissell Abreu-Rodriguez

Trotter Review

On Tuesday, March 6, 2007, more than 300 armed Immigration and Customs Enforcement (ICE) agents arrested 361 presumed undocumented immigrant workers at the Michael Bianco Inc. factory in New Bedford, Massachusetts. More than half of the workers detained were from Guatemala, the majority belonging to the Maya K’iche (we will use K’iche) community, an ethnic group originally from the mountains of western Guatemala whose members began arriving in the New Bedford area from Providence, Rhode Island, where there is an older K’iche community, during the late 1980s and early 1990s, at the height of a violent confrontation in Guatemala between …


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