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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 ...


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 crisis 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.


Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen 2019 Chapman University

Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen

War 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 ...


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

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

All 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 ...


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 ...


A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd 2019 The Graduate Center, City University of New York

A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd

All 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 ...


Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen 2019 Boston College Law School

Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen

Boston College Law Review

Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to “encourage” an alien to come to or reside in the United States. Since that section’s 1986 amendment, the circuits have struggled to adopt a consistent definition for “encourage.” Though some circuits have adopted a broad definition, the Third Circuit has explicitly taken a different route, applying a narrower construction. In addition to these different constructions, the two circuits that addressed the potential overbreadth issue of this subsection have reached contrary conclusions. This Note argues that this provision is facially unconstitutional under ...


British Government Information Resources, Bert Chapman 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 ...


Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson 2019 Golden Gate University School of Law

Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson

Golden Gate University Law Review

This Note focuses on one historically uncommon way in which courts decide to deport an undocumented immigrant seeking cancellation of removal. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in Ledezma-Cosino v. Sessions found an undocumented immigrant seeking cancellation of removal ineligible because he was considered a “habitual drunkard.” Ultimately, his case was reheard en banc where the Ninth Circuit vacated the original three-judge panel opinion and upheld the Immigration Judge and the Board of Immigration Appeals’ decision finding Ledezma-Cosino ineligible for cancellation of removal because he was a habitual drunkard.

The first part of this ...


Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925, 2019 University of Minnesota Law School

Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925

Law & Inequality: A Journal of Theory and Practice

During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court judges had to determine whether the military naturalization provisions enacted in 1918 included the same racial restrictions that the general naturalization provisions included. This Article tells the story of how these officials and judges navigated statutory text, congressional intent, and the reality of Asian immigrant membership in the United States ...


U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday 2019 Boston College Law School

U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday

Boston College Law Review

Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit’s 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to U.S. citizenship need not exhaust administrative remedies before the claim could be subject to judicial review. With its decision in Gonzalez-Alarcon, the Tenth Circuit joined the majority of circuits that have ruled on this issue and asserted the right of such an individual to ...


Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley 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 ...


Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar 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 ...


Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler 2019 College of William and Mary

Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler

Undergraduate Honors Theses

This thesis examines the lives of Iranian Christian refugees who have filed for religious asylum in Austria. Each chapter presents a different legal and political phase Iranian Christian converts face in transitioning from life in Iran to the European Union. At the first stage of their journey, Iranian Christian converts are forced to live under the Islamic Republic of Iran. Upon fleeing their country, Iranian Christian refugees must adapt to the asylum laws of the European Union and United Nations. Refugees then file for asylum in a European Union member state; this thesis focuses on refugees who have filed for ...


How To Decrease The Immigration Backlog: Expand Representation And End Unnecessary Detention, Kara A. Naseef 2019 University of Michigan Law School

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.


Pay Up Or Else: Immigration Bond And How A Small Procedural Change Could Liberate Immigrant Detainees, Jeremy Pepper 2019 Boston College Law School

Pay Up Or Else: Immigration Bond And How A Small Procedural Change Could Liberate Immigrant Detainees, Jeremy Pepper

Boston College Law Review

On any given day, thousands of immigrants are detained while they await their day in court. While there are procedures in place that would allow them to be released on bond, many immigrants who are granted bond remain detained due to their inability to pay. This is partially because immigration judges are not required to consider an immigrant’s financial situation when setting bond. A recent decision from the Ninth Circuit requires immigration judges to consider an immigrant’s financial situation when setting bond. This decision has both policy and legal merit and could result in the liberation of thousands ...


Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange 2019 Portland State University

Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange

Aaron Roussell

No abstract provided.


Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore 2019 University of New Mexico - Main Campus

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 2019 Roger Williams University

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.


287(G) Agreements In The Trump Era, Huyen Pham 2019 Texas A&M University School of Law

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.


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