Immigration Law Commons^™

Border Babies — Medical Ethics And Human Rights In Immigrant Detention Centers, Sondra S. Crosby, George J. Annas

Faculty Scholarship

Providing decent medical care for families in U.S. detention centers near the Mexican border has become exceedingly difficult over the past 2 years. Trauma was inflicted on migrants to deter others from attempting to enter the United States. A cornerstone of deterrence was the “zero tolerance” policy that forcibly separated children from their parents at the border. Photographs of children confined in cages horrified Americans, who demanded that the policy be rescinded. It was, but family separations continue and have been made even worse by the Migrant Protection Protocol (MPP) — which the U.S. Supreme Court will most likely review …

The Libertarian Case For Immigration (And Against Trump), Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch

Faculty Works

The United States is a party to the International Covenant on Civil and Political Rights (ICCPR). Article 12.4 states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy the rights of Article 12.4, but this Article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, I demonstrate that Article 12.4 also forbids states from deporting long-term resident non-citizens – both documented and undocumented – except under the rarest circumstances. As a result, …

The Legal Obligation Of The Us Government To Protect Asylum Seekers, Joy Karges

Honors Program: Senior Projects (Public)

Immigration has always been an important topic of conversation in the United States and around the globe, but the recent surge of migrants at the US southern border has centered the debate around what is often referred to as “illegal immigration”. Some scholars argue that our detention facilities treat migrants as though they were criminals while others say detention facilities are the best way to keep migrants from making the journey to the US and threatening our national security. The purpose of this study is to untangle some of the misunderstandings surrounding immigration from Central America. By assessing some of …

Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan

All Faculty Scholarship

This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

Articles

No abstract provided.

Experimenting With Credibility In Refugee Adjudication: Gaydar, Sean Rehaag, Hilary Evans Cameron

Articles & Book Chapters

Canada offers refugee protection to sexual minorities facing persecution abroad. While success rates for sexual minority refugee claims have generally been higher than the overall average at Canada’s Immigration and Refugee Board, hundreds of such claims are nonetheless turned down each year. The most common reason for denying these claims is that assertions about the claimants’ sexual orientations are determined not to be credible. Scholars have raised concerns about how such credibility determinations are made. This article contributes to the critical literature in this area by exploring sexual minority refugee claim credibility assessments through an experimental study involving simulated refugee …

Recruiting For The Future: A Realistic Road To A Points-Tested Visa Program In The United States, Stephen W. Yale-Loehr, Mackenzie Eason

Cornell Law Faculty Publications

For over 40 years, lawmakers and academics have been debating whether the United States should adopt a merit-or skills-based approach to labor immigration and a points-based program for selecting foreign workers. Despite having bipartisan support, efforts to adopt such a program thus far have been unsuccessful.

This idea is now back at the center of public debate, having been given new life by President Trump. He has called for “merit-based” immigration reforms that would make the United States more effective at attracting the world’s “best and brightest” and make it more competitive in the global marketplace for highly skilled foreign …

Arbitrary Arbiters: Evaluating The Right To Be Informed Of Eligibility For Discretionary Relief In Removal Proceedings, Michael Jordan

William & Mary Bill of Rights Journal

No abstract provided.

The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Taming Immigration, David A. Martin

Georgia State University Law Review

Remarks on Immigration by David A. Martin at the 64th Henry J. Miller Distinguished Lecture

Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman

Seattle Journal for Social Justice

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Playing By Pinochet’S Rules: Legal And Constitutional Impediments To Progressive Immigration Reform In Chile, William Patrick Schmidt

Senior Theses

This thesis explores the political context of Chile’s current immigration laws and policies, tracing changes through the dictatorship of the late 20th century, the transition to democracy in 1991, and up through the current administration. Using the backdrop of the Venezuelan migrant crisis, focus is given to specific stipulations of current policies and the impact they have on arriving migrants. A comparison with neighboring Argentina highlights key differences in policy reactions and is used to argue that a new constitution is needed in Chile in order to effectively respond to the arrival of over 250,000 Venezuelan migrants. Lastly, consideration is …

Sanctuary Cities? Asylum? Dreamers? When A House Is Not A Home: The Legal And Socioeconomic Implications Of National Populism On Local Governance And Individual Liberties, Rawle Andrews Jr., Sanchita Bose

University of the District of Columbia Law Review

Since the 1950s, the U.S. has proudly boasted itself as "a nation of immigrants," However, immigration reform is amongst the most intensely confusing, divisive, and polarizing issues in America's public square. Immigration remains front and center in the public debate across the U.S., especially since the September 11th terrorist attacks. The fear and turmoil, which ebbed and flowed since the 9/11 tragedy, reached a boiling point during the 2016 general election cycle, and ultimately the election of the 45th president, Donald J. Trump. This article examines the impact and implications of a broken federal government on America's cities which are …