Immigration Law Commons^™

How To Decrease The Immigration Backlog: Expand Representation And End Unnecessary Detention, Kara A. Naseef

University of Michigan Journal of Law Reform

This Note recommends federal policy reform and local implementation in order to decrease the immigration backlog and protect the rights of non-citizens in immigration proceedings. Although non-citizens hold many of the fundamental rights and freedoms enumerated in the Constitution, several core rights— including due process and the right to counsel—are not rigorously upheld in the context of immigration proceeding. By carefully regulating expanded access to representation and ending unnecessary immigration detention, the Executive Office of Immigration Review and Congress will ensure the swift administration of justice and protect non-citizens under the federal government’s jurisdiction.

Envisioning Abolition Democracy, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

For decades, police in Chicago chained people in their custody to the wall in dark, windowless rooms and subjected their captives to beatings, electric shocks, anal rape, and racial abuse. In July 2016, members of the #LetUsBreathe Collective, created in the aftermath of numerous police killings in Chicago and elsewhere, occupied vacant lots adjacent to the Chicago Police Department’s Homan Square facility — one of the locations where such abuse occurred. The Collective sought justice, not through recourse to the criminal courts or civil litigation, but instead by reconceptualizing justice in connection with efforts to end reliance on imprisonment and …

Once More Unto The Breach: Confronting The Standard Of Review (Again) And The Imperative Of Correctness Review When Interpreting The Scope Of Refugee Protection, Gerald Heckman, Amar Khoday

Dalhousie Law Journal

The Supreme Court of Canada’s standard of review jurisprudence has been marked by the ascendancy of reasonableness as the presumptive standard of review of decisions involving an administrative tribunal’s interpretation and application of its home statute. To the extent that this approach would lead to the reasonableness review of administrative decision-makers’ interpretation of the scope and meaning of provisions of the Immigration and Refugee Protection Act that implement the basic human rights conferred in international conventions to which Canada is a party, it must be changed. Interpretations of the scope of the Refugee Convention and Convention Against Torture raise questions …

Anti-Sanctuary And Immigration Localism, Pratheepan Gulasekaram, Rick Su, Rose Cuison Villazor

Journal Articles

A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal anti-sanctuary campaign, relying on federalism protections afforded by the Tenth Amendment's anticommandeering and anticoercion doctrines. Recently, however, the battle lines have shifted with the proliferation of state-level laws that similarly seek to punish sanctuary cities. States across the country are directly mandating local participation, and courts thus far …

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Tracing Race Through The Narrative Of A Oaxacan Ex-Bracero, Carlina Green

Independent Study Project (ISP) Collection

On March 21st, 2019, I was at a birthday lunch for my host mother at her parents’ house in Oaxaca de Juárez, Mexico, where I am currently studying abroad. Her father began to ask me about the normal meal times in the United States, and shared that he had witnessed this cultural difference firsthand during his time as a migrant worker in the United States. I asked him more questions and learned that he had first gone to Chesterfield, Missouri as a participant in the bracero program in 1953 and later to Los Angeles as an undocumented migrant in the …

The Understandings And Human Cost Of ‘Prevention Through Deterrence,’ As Seen Amongst Advocates In The United States And Mexico, Margaret Edwards

Independent Study Project (ISP) Collection

In the last two years of President Donald Trump and his administration, immigration and border regulations between the United States (US) and Mexico has become one of the most decisive and hottest political issues. This political struggle has brought into question US border practices and strategies such as physical barriers, denial of entry, detention, and, most importantly, how the US should respond to immigration. In reality, though, this question has existed since immigration along the US-Mexico border began.

In this paper, I examine a 1994 US Border Strategy, first introduced under President Bill Clinton, called ‘Prevention Through Deterrence.’ This border …

Slouching Towards Oblivion: Divergent Implementation And Potential Exodus Of Chevron Analysis In The Supreme Court's Interpretation Of Immigration Law, Amy L. Moore

Law Faculty Scholarship

In Slouching Towards Oblivion: Divergent Implementation and Potential Exodus of Chevron Analysis in the Supreme Court’s Interpretation of Immigration Law, Amy L. Moore examines the Supreme Court’s uneven application of Chevron deference in cases interpreting the Immigration and Nationality Act (INA). Mapping the Court’s immigration jurisprudence from 1984 through 2018, the Article documents a striking inconsistency: although the Court has repeatedly interpreted the INA, it has invoked Chevron in only a minority of those cases. Through a doctrinal survey of decisions such as Cardoza-Fonseca, Aguirre-Aguirre, and St. Cyr, the Article identifies recurring rationales for declining deference, …

The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans

University of the District of Columbia Law Review

The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …

Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore

Faculty Scholarship

The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.

Law School News: A Spring Break That Teaches - And Gives Back 03/11/2019, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Immigration Detention: Perspectives From Maine Law Students Working On The Ground At The Laredo Detention Center In Texas, Joann Bautista, Katie J. Bressler, Nora R. Bosworth

Maine Law Review

Since 2017, students enrolled in the University of Maine School of Law Refugee and Human Rights Clinic have traveled to Laredo, Texas to participate in a program, sponsored and run by the law firm Jones Day in collaboration with Texas RioGrande Legal Aid, to provide representation for women in the Laredo Detention Center. Alongside Jones Day attorneys, the students conduct client intake interviews, draft memos detailing each woman’s experiences and any potential legal claims, and assist in the representation of clients. This article will provide a glimpse into the experiences of three Maine Law student attorneys during their time in …

Shamshur, Shamshur, Tsos

TSOS Interview Gallery

Shamshur has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Shamshur has nine children and a husband who is in prison.

Modina, Modina, Tsos

TSOS Interview Gallery

Modina fled Myanmar after experiencing and witnessing extreme violence, including the destruction of her village and the violent murder of her uncle by soldiers. She arrived in Bangladesh by boat after paying smugglers a large sum.

Nidar, Nidar, Tsos

TSOS Interview Gallery

Nidar has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Nidar has two children and a husband who fell victim to war.

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Opening Plenary, Jason A. Cade

Working in the Public Interest Conferences

School of Law faculty member and director of the Community HeLP Clinic Jason Cade delivered the opening plenary session for the 14th Annual WIPI Conference.

Shobika, Shobika, Tsos

TSOS Interview Gallery

Shobika escaped Myanmar amid widespread chaos. After being separated from her husband and experiencing the kidnap of her two children, she was raped by soldiers and became pregnant. Her husband now rejects this child.