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Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje van der Woude 2020 Fordham University

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini 2019 University of Michigan Law School

Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini

Michigan Law Review

In the last few years, Immigration and Customs Enforcement (ICE) has begun to target religious institutions—specifically churches—as a means to find and arrest undocumented immigrants. This technique is in legal tension with the First Amendment rights of free exercise of religion and free association. It is unclear, however, how these legal rights protect those most affected by this targeting tactic: undocumented immigrants. Undocumented immigrants may lack standing to challenge ICE’s tactics on their own and may require the help of related parties to protect their interests.

This Note explores a potential solution to the ambiguity surrounding undocumented ...


Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan 2019 Pace University

Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan

Pace International Law Review

On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.


Reclaiming Refugee Rights As Human Rights, Roni Amit 2019 University of Tulsa College of Law

Reclaiming Refugee Rights As Human Rights, Roni Amit

Pace International Law Review

On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.


Jailing Immigrant Detainees: A National Study Of County Participation In Immigration Detention, 1983-2013, Emily Ryo, Ian Peacock 2019 University of Southern California

Jailing Immigrant Detainees: A National Study Of County Participation In Immigration Detention, 1983-2013, Emily Ryo, Ian Peacock

University of Southern California Legal Studies Working Paper Series

Hundreds of county jails are involved in detaining immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties participating in this arrangement and the predictors of their participation over time. Our study offers the first systematic analysis of immigration detention in county jails using new and comprehensive panel data on jails across the United States. First, we find that the number of counties confining immigrant detainees ...


Should They Stay Or Should They Go: Rethinking The Use Of Crimes Involving Moral Turpitude In Immigration Law, Sara Salem 2019 University of Florida Levin College of Law

Should They Stay Or Should They Go: Rethinking The Use Of Crimes Involving Moral Turpitude In Immigration Law, Sara Salem

Florida Law Review

Although absent from modern English conversation, the words moral turpitude continue to carry devastating consequences for undocumented aliens living in the United States. Under federal immigration law, an alien convicted of a crime involving moral turpitude may be deported or denied entry into the United States. Perhaps most significantly, nearly all immigration relief is conditioned on an alien having never been convicted of a crime involving moral turpitude. So the question becomes, what is a crime involving moral turpitude? There is currently no clear answer. No one standard exists for determining whether a conviction qualifies as a crime involving moral ...


The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte 2019 American University Washington College of Law

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte

David Baluarte

Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and ...


The Arrival Of "Statelessness Studies"?, David C. Baluarte 2019 Washington and Lee University School of Law

The Arrival Of "Statelessness Studies"?, David C. Baluarte

David Baluarte

In this symposium contribution, the author provides a view that the study of statelessness has emerged as a multi-disciplinary field and urge that we institutionalize it as such. Statelessness is fundamentally a legal concept. The definition of ‘stateless person’ specifically refers to the operation of law, and the protections envisioned by both the 1954 and 1961 Conventions afforded to stateless persons are legal in nature. At the same time, formal legal reasoning has proven inadequate to fully understand statelessness and protect stateless persons. Moreover, factual statelessness enjoys few legal protections, but is essential to a more robust understanding of nationality ...


Denying Citizenship: Immigration Enforcement And Citizenship Rights In The United States, Emily Ryo, Ian Peacock 2019 University of Southern California

Denying Citizenship: Immigration Enforcement And Citizenship Rights In The United States, Emily Ryo, Ian Peacock

University of Southern California Legal Studies Working Paper Series

In the current era of intensified immigration enforcement and heightened risks of deportation even for long-term lawful permanent residents, citizenship has taken on a new meaning and greater importance. There is also growing evidence that citizenship denials in their various forms have become inextricably linked to immigration enforcement. Who is denied citizenship, why, and under what circumstances? This article begins to address these questions by developing a typology of citizen denials and providing an empirical overview of each type of citizenship denial. Taken together, the typology of citizenship denials and the accompanying empirical overview illustrate the close connection between immigration ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman 2019 William & Mary Law School

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman 2019 William & Mary Law School

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman 2019 William & Mary Law School

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson 2019 William & Mary Law School

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.


Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz 2019 William & Mary Law School

Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz

Adam M. Gershowitz

In an interview with Professor Adam Gershowitz, William & Mary Law Professor Allison Orr Larsen talks about DACA (Deferred Action for Childhood Arrivals), which you may know as the law governing DREAMers: what it is, why it is controversial from a legal perspective, recent changes imposed by the Trump administration, challenges to the law, and what may come next.


Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod 2019 Legal Aid Justice Center

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod

Jayesh Rathod

Government data consistently affirms that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government ...


Alienating Citizens, 2019 Selected Works

Alienating Citizens

Amanda Frost

Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization process is unconstitutional, forcing the government to abandon its aggressive denaturalization campaigns. For the last half century, the government denaturalized no more than a handful of people every year. Over the past year, however, the Trump Administration has revived denaturalization. The Administration has targeted 700,000 naturalized American citizens for investigation and has hired dozens of lawyers and staff members to work in a newly created office devoted to investigating and prosecuting denaturalization cases.

Using information gathered from ...


Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies 2019 Roger Williams University School of Law

Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz 2019 William & Mary Law School

Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz

Allison Orr Larsen

In an interview with Professor Adam Gershowitz, William & Mary Law Professor Allison Orr Larsen talks about DACA (Deferred Action for Childhood Arrivals), which you may know as the law governing DREAMers: what it is, why it is controversial from a legal perspective, recent changes imposed by the Trump administration, challenges to the law, and what may come next.


Alienating Citizens, Amanda Frost 2019 Northwestern Pritzker School of Law

Alienating Citizens, Amanda Frost

Northwestern University Law Review

Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization process is unconstitutional, forcing the government to abandon its aggressive denaturalization campaigns. For the last half century, the government denaturalized no more than a handful of people every year. Over the past year, however, the Trump Administration has revived denaturalization. The Administration has targeted 700,000 naturalized American citizens for investigation and has hired dozens of lawyers and staff members to work in a newly created office devoted to investigating and prosecuting denaturalization cases.

Using information gathered from ...


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