Immigration Law Commons^™

On The Fringes Of The Fourth Amendment: Changing Reasonableness At The Border, Isabelle Hutchinson

Student Scholarship

The protection of the U.S.-Mexico border has become a priority for politicians and government officials alike. However, the protection of people��s rights near the border has been largely ignored. Due to the Fourth Amendment��s border search exception, customs officials and border patrol agents may use lower standards for suspicion in conducting searches and seizures of people in the border region. In determining whether a search or seizure is reasonable, the Fourth Amendment requires balancing of the degree to which the government intrudes on a person��s privacy against the government��s interest in conducting the search. This Article analyzes the changes in …

Januka, Januka, Tsos

TSOS Interview Gallery

After being raped by a soldier in Myanmar, Januka fled to Bangladesh with her father and later found out she was pregnant. She fears no one will want to marry her because she has been raped.

Rohima, Rohima, Tsos

TSOS Interview Gallery

Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.

Becoming Unconventional: Constricting The 'Particular Social Group' Ground For Asylum, Fatma Marouf

Faculty Scholarship

Part I of this Article provides a brief background about the evolution of the PSG ground in the United States and how it has become increasingly complicated and constricted over time. Part II discusses several ways that recent administrative decisions have imposed uniquely strict requirements for PSG-based asylum claims, both procedurally and substantively. Namely, the recent decision of the Board of Immigration Appeals ("BIA") in Matter of W-Y-C- & H-O-B- creates two new procedural restrictions. First, it imposes an exceedingly strict pleading standard in PSG cases by requiring "exact delineation" of the PSG. Second, Matter of W-Y-Cprohibits asylum seekers from …

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

This commentary interrogates the concept of immigration federalism, examining the political and ideological contours of state and local sanctuary laws in the context of both state and the Trump Administration's exclusionary policies. I utilize the intrastate federalism conflicts within the State of Tennessee to highlight the political dynamics that govern the passing of state and local sanctuary laws analyzing new issues that have surfaced under the Trump Administration. In this context, the commentary argues that recent immigration federalism standoffs center around political divisions which fail to engage in principled evaluations of which level of governmentfederal, state, or local--should be the …

Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske

Immigration and Human Rights Law Review

No abstract provided.

Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin

Immigration and Human Rights Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …

Finding A Home In America: Cardozo Law Screening Of Refuge “Hombres Nuevos”, Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Outlaw

2018–2019 Flyers

Promotional flyer for a Cardozo School of Law screening of Hombres Nuevos, episode six of the AT&T original series REFUGE. The episode tells the story of Luis Mancheno, a former Cardozo Law instructor and immigration attorney, who fled persecution in Ecuador and now advocates for the rights of LGBTQ+ asylum seekers in the U.S. The event included a screening and a Q&A moderated by Professor Kate Shaw, and was co-hosted by the Immigration Justice Clinic and OUTLaw.

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.

Shut Up. You Don't Even Go Here.* An Examination Of First Amendment Rights For Noncitizens, Samantha Chasworth

Journal of Civil Rights and Economic Development

(Excerpt)

Section I of this Note provides background information about Pineda Cruz et al v. Thompson et al and explains the government’s argument in its Motion to Dismiss. Section II explains the First Amendment, demonstrating what it is and explaining its fundamental nature. Section III argues that noncitizens are entitled to First Amendment rights, presenting the non-speakerbased composition and character of the First Amendment. Next, this section demonstrates the many fundamental rights that noncitizens currently have in an effort to show the hole left open for the First Amendment. Next, this section describes the enormous consequences of not providing First …

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Migrant Women's Rights Project Discussion Paper #1: An Iterative Learning Journey To Deconstruct “Trafficking”, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

In 2016, the Barbra Schlifer Clinic convened a consortium of organizations, front-line service providers, agencies and researchers who separately work with women and gender diverse people with precarious immigration status who are vulnerable to trafficking.

Migrant Women’s Rights Project serves women and gender diverse people whose difficulties intersect with labour migration, experience gender-based violence, and become vulnerable to trafficking. In part because of their precarious status, and fears of deportation or reprisals by former (domestic) employers, they experience extreme isolation from access to supports.

Through a combination of research, street-level outreach activities, and education/information awareness, practical supports such as counselling, …

Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Michigan Guidelines On The International Protection Of Refugees, James C. Hathaway

Books

The Michigan Guidelines on the International Protection of Refugees are the result of a collective endeavor of hundreds of scholars, advocates, judges, and international officials to tackle some of the most important and challenging questions in international refugee law. This volume presents 20 years of the Guidelines — the consensus work of senior Michigan Law students and experts from around the world on cutting-edge refugee law concerns — in five languages (English, French, Spanish, Arabic, and Russian).

The Guidelines address five of the most difficult issues of refugee status: what is the meaning of a “well-founded fear”; when may refugee …

Climate Change And International Law: A Case For Expanding The Definition Of "Refugees" To Accommodate Climate Migrants, Jenny Han, Amanda Kuras

Fordham Undergraduate Law Review

The United Nations’ strict definition of “refugee” prevents individuals who are forced to migrate — often due to effects caused by climate change — from claiming the legal protections afforded to those lawfully classified as refugees. This restrictive definition represents a failure of current international law in responding to one of the world’s most pressing existential threats. The effects of climate change, including global warming, extreme weather and rising sea levels, displace millions of individuals worldwide. However, because climate change has only recently become recognized as a serious global and existential issue, international law has not yet responded to the …

"Make Sure You Belong!": A Critical Assessment Of Integration Requirements For Residential And Citizenship Rights In Europe, Tamar De Waal

Buffalo Human Rights Law Review

No abstract provided.

Student Publication: Undocumented, Untreated, Unhealthy: How The Expansion Of Fqhcs Can Fill The Gaps Of Basic Healthcare For Undocumented Immigrants, Bethany A. Taylor

Buffalo Human Rights Law Review

No abstract provided.