The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations,
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,
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,
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,
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,
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?,
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,
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
Refugee Credibility Assessment And The “Religious Imposter” Problem,
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,
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.,
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.,
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,
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.,
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,
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,
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,
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,
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,
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 …
