Self-Deportation Nation,
2019
Georgetown University Law Center
Self-Deportation Nation, K-Sue Park
Georgetown Law Faculty Publications and Other Works
“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration,
2019
Chapman University
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen
War, Diplomacy, and Society (MA) Theses
Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, …
A Child Litigant's Right To Counsel,
2019
Loyola Law School, Los Angeles
A Child Litigant's Right To Counsel, Kevin Lapp
Loyola of Los Angeles Law Review
As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle,
2019
CUNY Graduate Center
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd
Dissertations, Theses, and Capstone Projects
This thesis will create an argument for how the victims of gang violence from the Northern Triangle nations of El Salvador, Guatemala, and Honduras qualify for asylum in the United States based on a well-founded fear of persecution. An analysis of the legal framework of the asylum system in the United States, profiles of the two largest gangs in the Northern Triangle the Mara Salvatrucha and Barrio 18, a profile of the asylum seekers arriving at the United States border, the criminal activity that the gangs engage in, and the way that this activity is political in nature will form …
British Government Information Resources,
2019
Purdue University
British Government Information Resources, Bert Chapman
Libraries Faculty and Staff Creative Materials
Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of House …
Daca, Government Lawyers, And The Public Interest,
2019
University of California, Irvine School of Law
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Fordham Law Review
On June 15, 2012, the Obama administration announced a significant change in immigration policy: Homeland Security Secretary Janet Napolitano began to instruct immigration officials to defer enforcement actions against those noncitizens who would likely be eligible for relief under the DREAM Act, should Congress choose to pass it. This program, which came to be known as Deferred Action for Childhood Arrivals (DACA), has become the most significant immigration-benefits program in a generation. Not since Congress passed a comprehensive reform bill in 1986, which included a pathway to citizenship, has an immigration program so quickly and positively changed the lives of …
Refuge In A Place Without Refugees,
2019
SIT Study Abroad
Refuge In A Place Without Refugees, Jane Roarty
Independent Study Project (ISP) Collection
The question of who should be given legal status as a refugee has consistently been veiled in discussions of ‘practicality,’ political motives, and inaction. Centered in these discussions tend to be state officials, international organization officials, and academics. More importantly, typically excluded from this assembly of decision makers and the thinkers are those actually and personally affected by the specifics of the term. In Jordan, this discussion is particularly interesting because the government does not legally recognize refugees since the United Nations refused to recognize Palestinians under the 1951 Convention definition. This paper aims to unpack the term refugee: both …
Child Migrants And America’S Evolving Immigration Mission,
2019
University of Florida Levin College of Law
Child Migrants And America’S Evolving Immigration Mission, Shani M. King
UF Law Faculty Publications
This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes for a …
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit,
2019
Georgia State University College of Law
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley
Georgia State University Law Review
This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current state …
Subfederal Immigration Regulation And The Trump Effect,
2019
Texas A&M University School of Law
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
Faculty Scholarship
The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the termination of the DACA program. Beyond the traditional levers of federal immigration control, this administration has also moved aggressively to harness the enforcement power of local and state police to increase interior immigration enforcement. To that end, the administration has employed both voluntary measures (like signing 287(g) agreements deputizing local police to enforce immigration laws) and involuntary measures (threatening to defund jurisdictions with so-called “sanctuary” …
Executive Overreaching In Immigration Adjudication,
2019
Texas A&M University School of Law
Executive Overreaching In Immigration Adjudication, Fatma Marouf
Faculty Scholarship
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of interference. First, the Article discusses political interference with immigration adjudicators, including politicized appointments of judges, politicized performance metrics, and politicized training materials. Second, the Article addresses executive interference with the process of adjudication, examining how recent immigration decisions by former Attorney General Jeff Sessions curtail noncitizens’ procedural rights instead of making policy choices and promote …
Canadian Immigration Law In The Face Of A Volatile Politics,
2019
Queen’s University Faculty of Law
Canadian Immigration Law In The Face Of A Volatile Politics, Colin Grey, Constance Macintosh, Sarah Marsden
Dalhousie Law Journal
The genesis of this special issue was a conference of Canadian immigration law scholars at the Université du Québec à Montréal in March 2018. Conference participants sought to look back on the many changes made to Canadian immigration law during the near-decade the Stephen Harper-led Conservative government spent in power (2006–2015). Although the Conservatives did not introduce a single, revamped immigration law— the major legislation remains the Immigration and Refugee Protection Act, brought in under the Jean Chrétien-led Liberals (1992–2006) in 2002—they altered parts of the law nearly beyond recognition. In this introduction, we reflect briefly on these changes; on …
The Battle For The Wrong Mistake: Risk Salience In Canadian Refugee Status Decision-Making,
2019
Schulich School of Law, Dalhousie University
The Battle For The Wrong Mistake: Risk Salience In Canadian Refugee Status Decision-Making, Hilary Evans Cameron
Dalhousie Law Journal
Canadian refugee status adjudicators must choose between two opposing bodies of law, one of which resolves doubt in the claimant’s favour and the other at the claimant’s expense. How do they decide which to prefer? How do they decide whether it would be better to risk accepting an unfounded claim or to risk rejecting a well-founded one? This paper explores one potentially relevant factor: the salience of the harms that decision-makers associate with potential risk outcomes. A brief account of recent events in Canadian refugee law history, beginning with the refugee law reforms of former Conservative Immigration Minister Jason Kenney, …
Immigration, Xenophobia And Equality Rights,
2019
Queen's University
Immigration, Xenophobia And Equality Rights, Donald Galloway
Dalhousie Law Journal
One can readily identify a number of factors that, over the last ten years or so, have combined to reduce and destabilize the legal status and social standing of non-citizens who are seeking to enter or remain in Canada. Particularly conspicuous are the amendments to our refugee and citizenship laws that were introduced by the government that held power from the 2006 election until 2015, especially those harsh measures that were introduced after the government obtained a majority in the legislature in 2011.1 The changes in question were extensive and far-reaching. A shortlist of wellknown examples indicates the scope. Prompted …
Do The Means Change The Ends? Express Entry And Economic Immigration In Canada,
2019
Schulich School of Law, Dalhousie University
Do The Means Change The Ends? Express Entry And Economic Immigration In Canada, Asha Kaushal
Dalhousie Law Journal
The relationship between economy and community is a constitutive tension in the Canadian immigration state. With the rise of the knowledge economy, Canada mediated this tension through the concept of human capital, internalized in the points system. Introduced in 2015, Express Entry transformed the landscape of economic immigration in Canada. Express Entry is an online permanent residence application system. In this article, I argue that Express Entry is more than a change in form and process; it is a change in substance that shifts Canada’s skilled immigration regime toward a neo-corporatist model. By shifting partial decision-making authority to the provinces …
Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues,
2019
Schulich School of Law, Dalhousie University
Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues, Constance Macintosh
Dalhousie Law Journal
In April 2018, Canada’s federal government announced that it had decided “to eliminate” the medical inadmissibility policy from our immigration regime.1 This was to bring our practices in line with contemporary Canadian values, and to engender consistency with the that Canada signed in 2007 and rati�� ed in 2010. The �������� requires equality for persons with disabilities, including taking actions to enable full and effective participation and inclusion in society.3 To achieve these obligations, states must adopt legislative or other measures that implement these rights, and must repeal or revise legislation or policies which are inconsistent with the ��������’s obligations.
Migrant Workers, Rights, And The Rule Of Law: Responding To The Justice Gap,
2019
Thompson Rivers University Faculty of Law
Migrant Workers, Rights, And The Rule Of Law: Responding To The Justice Gap, Sarah Marsden
Dalhousie Law Journal
Migrant agricultural workers provide an essential and longstanding contribution to food security in Canada. Exploitation and rights shortfalls for these workers are welldocumented. On paper, they have rights on par with Canadian workers, but these rights do little to address the structure and dynamics underpinning their subordination in Canadian society. In this article, I argue that law creates a “justice gap” in the case of these workers. Law gives rights to these workers on an individual basis but also creates structural vulnerability which renders them unlikely to make use of individual remedies or compliance-based systems. Rights and protection discourse does …
The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency,
2019
Schulich School of Law, Dalhousie University
The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi
Dalhousie Law Journal
In the summer of 2010, the human rights record of Sri Lanka in the aftermath of its civil war remained dismal.1 In Canada, the Immigration and Refugee Board’s acceptance rates for refugee claims made by Tamils �� eeing Sri Lanka was at approximately 84 percent.2 On 13 August 2010, a cargo ship, the MV Sun Sea (Sun Sea), arrived off the coast of British Columbia carrying 492 Tamil men, women, and children who were �� eeing Sri Lanka. Their voyage took just over two months, under horrible conditions. One passenger had died at sea. Most, if not all, had paid …
Quand Voyager Mène Au Renvoi: Analyse Critique De La Législation Canadienne Sur La Perte Du Statut De Résident Permanent Liée À La Perte De L’Asile,
2019
Schulich School of Law, Dalhousie University
Quand Voyager Mène Au Renvoi: Analyse Critique De La Législation Canadienne Sur La Perte Du Statut De Résident Permanent Liée À La Perte De L’Asile, Hélène Mayrand
Dalhousie Law Journal
This paper provides a critical analysis of section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA) adopted in 2012. The application of this section results in the loss of permanent resident status for protected persons who lose their refugee status under section 108 of IRPA, for example by renewing their passport and travelling to their country of origin, even for a short period of time. The combined effect of sections 46(1)(c.1) and 108 of IRPA pose major issues to Canadian protected persons. As a result, this paper explains the conditions for the application of section 46(1)(c.1) of IRPA and, …
Remarks On Prosecutorial Discretion And Immigration,
2019
Penn State Dickinson Law
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Dickinson Law Review (2017-Present)
No abstract provided.
