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3,985 full-text articles. Page 2 of 127.

Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi 2019 Southern Methodist University, Dedman School of Law

Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi

Faculty Scholarship

No abstract provided.


East Bay District Court Enjoins New Asylum Rule, Peter Margulies 2019 Roger Williams University School of Law

East Bay District Court Enjoins New Asylum Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy 2019 Bielefeld University, Germany

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.


The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies 2019 Roger Williams University School of Law

The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Prisoners In The Face Of Gladiators: Providing A Sword And Shield To Aliens In Removal Proceedings Through Court-Appointed Counsel, Kevin Gardner 2019 The University of Akron

Prisoners In The Face Of Gladiators: Providing A Sword And Shield To Aliens In Removal Proceedings Through Court-Appointed Counsel, Kevin Gardner

Akron Law Review

To an outside observer, immigration courts may appear identical to criminal courts. However, there is one critical distinction. In criminal court, defendants have a well-established right to court-appointed counsel if they cannot afford a lawyer. But there is no such right for aliens with removal orders. If they cannot afford an attorney, or if they do not have the good fortune to find a pro bono attorney, they must fight their case alone against an experienced government attorney. This is troubling because the consequences of an unjust removal order can be horrific: loss of employment, permanent separation from loved ones ...


Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden 2019 University of Georgia School of Law

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon 2019 University of Maryland Francis King Carey School of Law

Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon

Maryland Law Review

No abstract provided.


Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin 2019 Brooklyn Law School

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the ...


The Good Notario: Exploring Limited Licensure For Non-Attorney Immigration Practitioners, Jean C. Han 2019 Villanova University Charles Widger School of Law

The Good Notario: Exploring Limited Licensure For Non-Attorney Immigration Practitioners, Jean C. Han

Villanova Law Review

No abstract provided.


Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung 2019 University of Massachusetts School of Law

Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung

University of Massachusetts Law Review

The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility between low-income United States citizens—especially African Americans—and undocumented immigrants. Perceived competition for jobs and racist stereotypes are exploited by opportunistic politicians and employers as well to produce frictions between workers who face similar conditions. Still, there is a strong basis for undocumented ...


Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans 2019 Brooklyn Law School

Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans

Brooklyn Law Review

The Trump administration’s aggressive immigration enforcement campaign calls on hundreds of thousands of local police officers and county sheriffs to identify and detain people suspected of violating federal civil immigration law. The immigration detainer is a key mechanism of Trump’s campaign and is on the rise. A detainer asks local law enforcement officers to hold individuals beyond the period authorized by local law so that federal immigration officials have additional time to take custody of the person. In practice, detainers attach the threat of deportation to any contact with local police. Immigrant rights advocates have challenged the use ...


The Case Against Absolute Judicial Immunity For Immigration Judges, 2019 University of Minnesota Law School

The Case Against Absolute Judicial Immunity For Immigration Judges

Law & Inequality: A Journal of Theory and Practice

A federal regulation states that immigration hearings shall be open to the public. Courts and scholars also have located a right to observe these proceedings in the First Amendment. And yet immigration judges (IJ) have excluded members of the press and other observers from hearings for no stated legal reasons, thus effectively eliminating public scrutiny of proceedings that affect millions of citizens and non-citizens in the United States. In response to a lawsuit pursuing monetary, injunctive, and declaratory relief after an IJ ordered guards to remove a reporter from a federal building, an Eleventh Circuit panel held IJs have absolute ...


Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg 2019 Pepperdine University

Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg

Journal of the National Association of Administrative Law Judiciary

This comment will examine immigration in the United States, specifically by addressing questions involving the constitutionality of Deferred Action for Childhood Arrivals (DACA) and removal procedures. Part II will look at the historical background of immigration policy in the United States, including past amnesties and the latest reform, DACA. Part III will analyze DACA and why it was rescinded. Part IV will discuss one the most detrimental consequences of DACA being rescinded—deportation, and the constitutional limits of removal procedures. Part V will deploy some future predictions on immigration and the next steps Congress should take to ensure that there ...


Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino 2019 York University

Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino

Studies in 20th & 21st Century Literature

As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled ...


Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly 2019 Acting Inspector General, DHS

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Papers from the Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not ...


Cnn Coverage Scotus Decline To Expedite Daca, 2019 University of California, Irvine School of Law

Cnn Coverage Scotus Decline To Expedite Daca

Litigation

No abstract provided.


Justices Reject Expedite Daca, 2019 University of California, Irvine School of Law

Justices Reject Expedite Daca

Litigation

No abstract provided.


'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries 2019 Alexander Blewett III School of Law at the University of Montana

'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Faculty Law Review Articles

The events of fall 2016 exploded the myth of a post-racial America that some believed had been ushered in by Barack Obama’s presidency.1With the U.S. presidential campaign in full swing, soon-to-be President Donald Trump disparaged Muslims as terrorists, Mexicans as rapists and murderers, and African Americans as poor.2 Trump’s racist demagoguery came amidst the momentum of the Black Lives Matter,Standing Rock, and Dreamer movements—mass mobilizations that sought to end the police killings of Black people, protect Native American treaty rights, and grant immigrant minors legal status.3 Once again, the racial divide that ...


Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten 2019 Texas A&M University-San Antonio

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary ...


The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez 2019 University of Washington - Tacoma Campus

The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez

Global Honors Theses

Since the creation of this country, exclusion based on race and class has been upheld by racist immigration, citizenship and labor laws. From slavery to segregation and from mass incarceration to the exploitation and criminalization of immigrant labor. The capitalist inclusion and nationalist exclusion of people of color are not separate ideologies instead they work together to ensure the original purpose of a homogeneous nation. ICE’s most important but hidden purpose is to uphold a white homogeneous nation. Their practices not only target undocumented communities but specifically undocumented communities of color. Migrants of color in the U.S. are ...


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