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5,645 full-text articles. Page 76 of 176.

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten 2019 Texas A&M University-San Antonio

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications (Archived)

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …


Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly 2019 OFFICE OF INSPECTOR GENERAL, Department of Homeland Security

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

United States Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …


The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty 2019 University of Cincinnati College of Law

The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty

Immigration and Human Rights Law Review

President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants. Individuals …


Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie 2019 University of Cincinnati College of Law

Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie

Immigration and Human Rights Law Review

Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …


Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson 2019 University of Cincinnati College of Law

Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson

Immigration and Human Rights Law Review

This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate …


Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies 2019 Roger Williams University School of Law

Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker 2019 Center for Applied Legal Studies, Georgetown University Law Center

Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker

University of Miami Law Review

The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available suggests …


Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer 2019 St. Mary's University School of Law

Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer

Faculty Articles

No abstract provided.


Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez 2019 University at Albany, State University of New York

Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez

CURCE Annual Undergraduate Conference

Dear United States of America: We Are Children is about the way undocumented unaccompanied children are treated by the immigration system in the U.S. I focus on the two different presidential administrations, the Obama and Trump administration. I will started from the Obama administration, fiscal year 2014 and end on the Trump administration, fiscal year of 2018-19. This is important because undocumented children are treated unfairly, they are being thrown from one department to another, denied asylum, deported to their countries that they do not desire to go back, put in cells, and put into the immigration system by themselves. …


North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman 2019 Northwestern Pritzker School of Law

North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman

Northwestern Journal of Human Rights

North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crises in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.


Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain 2019 NAACP Legal Defense and Educational Fund, Inc.

Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain

Loyola of Los Angeles Law Review

In November 2017, the Trump administration announced its intention to terminate Temporary Protected Status for Haitians in the United States. This Article considers the termination and the lawsuits it prompted, which are helping to define the state of the plenary power doctrine, the breadth of the Fifth Amendment’s equal protection guarantee, and the purchase of the communitarian ideal. This Article also focuses on the lawsuit that the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed. Although this may appear to be a new operational context for the organization, the author describes LDF’s strong interest in ensuring that the federal …


California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez 2019 California State University, Monterey Bay

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking CRLA legal services. …


Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr 2019 Migration Policy Institute

Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

Foreign nationals have served in the U.S. military throughout American history. Indeed, in many chapters in U.S. history, they have been encouraged to serve with the promise of expedited avenues for naturalization. However, in recent years, noncitizens have faced increasing hurdles to serving their new country. Citing national security concerns, Congress and the U.S. Department of Defense (DOD) have introduced a series of policies that significantly increase the vetting requirements for noncitizen military recruits and modify the processes by which they are trained and given a chance to naturalize. These new policies have limited the enlistment of noncitizen soldiers, delayed …


Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim 2019 The Beacon Fund

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.


‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin 2019 University of California Irvine

‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin

Buffalo Law Review

No abstract provided.


New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies 2019 Roger Williams University School of Law

New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School of Law 2019 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson 2019 University of Richmond

When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson

University of Richmond Law Review

When Congress introduced the U visa in 2000, it intended to create a program that not only protected immigrant victims of domestic violence from deportation, but also strengthened law enforcement’s ability to investigate crimes and encouraged victims to report the abuse. Traditionally, immigrant victims are particularly vulnerable to domestic violence and have been provided with few options to leave the relationship without risking their immigration status. However, while the U visa provides immigration protections to broad categories of victims, it contains a unique “helpfulness” requirement that compels victims to continually cooperate with law enforcement in order to receive the necessary …


Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski 2019 CUNY Graduate Center

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …


From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell 2019 Brooklyn Law School

From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell

Brooklyn Law Review

In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on account …


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