Borderline Ambiguity: Major Questions And Immigration Law,
2024
Roger Williams University School of Law
Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum,
2024
Benjamin N. Cardozo School of Law
Death At The Door Of Relief: The Criminalization Of Humanitarian Work And Asylum, William Fox
Cardozo Journal of Equal Rights & Social Justice
The note argues that the criminalization of humanitarian aid to migrants at the U.S.-Mexico border violates international human rights law and exacerbates a growing refugee crisis. It contends that the U.S. government's "prevention through deterrence" policy funnels migrants into dangerous conditions, leading to increased deaths and human rights violations. The analysis calls for structural reforms, including expanded humanitarian parole, temporary protected status, and refugee resettlement programs, to align U.S. policy with its international obligations and mitigate the crisis.
Big Law's Immigration Advocates,
2024
Indiana University Maurer School of Law
Big Law's Immigration Advocates, Jayanth K. Krishnan, Megan Riley, Vitor M. Dias
Articles by Maurer Faculty
This study examines lawyers working in the federal appellate courts who represent immigrants seeking relief from deportation. By analyzing over 23,000 appellate cases during the Trump and Obama Administrations, the research here uncovers crucial findings. To begin, there was a statistically significant difference in the win rates of lawyers working pro bono and coming from the largest and most profitable corporate “Big Law” firms compared to lawyers based in other, typically more specialized immigration practice settings. Specifically, during the Trump Administration, Big Law lawyers won at nearly three times higher a rate than non-Big Law lawyers in the federal appellate …
Migration And Survival: The Birds Do It, The Bees Do It, Why Can’T We Do It?,
2024
Mitchell Hamline School of Law
Migration And Survival: The Birds Do It, The Bees Do It, Why Can’T We Do It?, Meredith Bensen
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
In Search Of Strategies To Address Violence In Central America,
2024
University of San Francisco
In Search Of Strategies To Address Violence In Central America, Bill Ong Hing
University of San Francisco Law Review
No abstract provided.
Superpowers With Villainous Objectives: How The Executive Branch’S Immigration Enforcement “Powers” Utilize Technology To Violate Noncitizens’ Privacy,
2024
Washington and Lee University School of Law
Superpowers With Villainous Objectives: How The Executive Branch’S Immigration Enforcement “Powers” Utilize Technology To Violate Noncitizens’ Privacy, Nina-Simone Edwards
Library Scholarship
The United States border, for noncitizens, has a unique quality to it. Each time a noncitizen crosses that border, they are no longer private individuals. They can no longer choose to give up their information–instead, there is a forced exchange: data for entry. Who they are, what they are, and everything that connects them to the world is given up in exchange for a new life in a new land. Once the border is crossed, noncitizens no longer have the privacy that they may have known before. This Note first builds on scholarship theorizing that noncitizens do have a right …
Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts Navigating Restrictive Us Immigration Laws From 1986 To The Present,
2024
Claremont Colleges
Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts Navigating Restrictive Us Immigration Laws From 1986 To The Present, Eileen Linchangco
Scripps Senior Theses
This thesis examines the plight of undocumented Filipino immigrants, referred to as “TNT” or “tago nang tago” (hiding and hiding), within the context of an increasingly restrictive US immigration system. I argue that two key factors have driven more Filipinos to pursue unauthorized entry into the US since the 1980s despite heightened risks. First, US immigration policy changes enacted in the 1980s and 1990s implemented stricter numerical caps that severely limited available visas for Filipino immigrants to use legal immigration pathways into the United States. Second, enduring sociocultural constructs propagate the notion that Filipinos represent immigrant desirability for US citizenship. …
Lethal Immigration Enforcement,
2024
St. John's University School of Law
Lethal Immigration Enforcement, Abel Rodríguez
Faculty Publications
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clinton-era policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths per day. A record 853 border crossers died last year, and the deadliest known transporting incident took place in June 2022, with fifty-one lives lost. In addition, widespread neglect continues to cause loss of life in immigration detention, immigration enforcement agents kill migrants with virtual impunity, and immigration law ensures …
The Consumer’S Choice To Boycott,
2024
Seattle University School of Law
The Consumer’S Choice To Boycott, Agnes Bresee
Seattle University Law Review
In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …
A Different Approach To Agency Theory And Implications For Esg,
2024
Seattle University School of Law
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
Overseeing The Administrative State,
2024
Seattle University School of Law
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
The Sec, The Supreme Court, And The Administrative State,
2024
Seattle University School of Law
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States,
2024
Seattle University School of Law
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
Seattle University Law Review
After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …
Immigraft,
2024
American University Washington College of Law
Immigraft, Jayesh Rathod, Ann Schaufele
Scholarly Articles in Law Reviews & Journals
Pursuing the American dream is a costly endeavor. From the initial journey to the United States, to navigating the complicated immigration system, to labor exploitation, to scams targeting recent arrivals, immigrants pay heavily into the formal and informal sectors. As explored in this Essay, however, their pay-out does not stop there: the U.S. Department of Homeland Security (DHS) also charges and retains funds in unjustified ways, resulting in tens of millions of dollars transferred from the pockets of vulnerable immigrants and their families to the sprawling immigration bureaucracy. This Essay introduces the term immigraft to capture this phenomenon, defined as …
Exiting The American Dream,
2024
American University Washington College of Law
Exiting The American Dream, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
Exit planning among U.S. citizens is on the rise. A confluence of worrisome domestic conditions— including societal violence, the curtailment of individual rights, and creeping authoritarianism— has prompted U.S. citizens to contemplate and plan for a possible departure from the country. Among the more popular exit pathways, particularly for minorities in the United States who have experienced or fear identity-based mistreatment, are programs that allow descendants of citizens or other members of the diaspora to acquire status in their ancestral homelands. Decades or even centuries after their ancestors’ arrival, present-day U.S. citizens are considering a return journey, thereby disrupting long-standing …
Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity,
2024
University of Central Florida
Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante
Honors Undergraduate Theses
This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …
Temporary Protection For Ukrainians In The European Union: Why Now And When Again,
2024
Brooklyn Law School
Temporary Protection For Ukrainians In The European Union: Why Now And When Again, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Immigration Detention Abolition And The Violence Of Digital Cages,
2024
Boston University School of Law
Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes
Faculty Scholarship
The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …
Xenophobia, The Global War On Terror, And Refugee Policy In The United States, Canada, And Western Europe,
2024
University of Florida
Xenophobia, The Global War On Terror, And Refugee Policy In The United States, Canada, And Western Europe, Chloe Lopez
UNF Graduate Theses and Dissertations
Xenophobia has oscillated in intensity in the United States, Canada, and Western Europe since the late eighteenth century. This pattern of fear of immigrants and refugees being harbingers of violence and criminal activity establishes itself throughout the modern history of the United States, Canada, and Western Europe despite much evidence to the contrary. In the twentieth century, the prevailing argument surrounding the creation of xenophobia centered around economics. This divergence from twenty-first century patterns can be attributed to the Global War on Terror increasing alienation of refugees and immigrants through mythmaking and the structural securitization of immigration in the United …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?,
2024
Loyola University Chicago
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
