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'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 ...


The Public Charge Rule As Public Health Policy, Medha D. Makhlouf 2019 Penn State Dickinson Law

The Public Charge Rule As Public Health Policy, Medha D. Makhlouf

Faculty Scholarly Works

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters. Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration. On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


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

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


The Public Charge Rule As Public Health Policy, Medha Makhlouf 2019 Penn State Dickinson Law

The Public Charge Rule As Public Health Policy, Medha Makhlouf

Medha D. Makhlouf

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters.  Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration.  On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly 2019 OFFICE OF INSPECTOR GENERAL, Department of Homeland Security

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Papers from the Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to ...


Dha V Casa De Maryland Motion To Expedite, 2019 University of California, Irvine School of Law

Dha V Casa De Maryland Motion To Expedite

Litigation

No abstract provided.


Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie 2019 University of Cincinnati College of Law

Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie

Immigration and Human Rights Law Review

Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen ...


The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty 2019 University of Cincinnati College of Law

The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty

Immigration and Human Rights Law Review

President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants ...


Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson 2019 University of Cincinnati College of Law

Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson

Immigration and Human Rights Law Review

This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate ...


Immigration Enforcement And The Future Of Discretion, Shoba Wadhia 2019 Penn State Law

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Wadhia 2019 Penn State Law

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim bans ...


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia 2019 Penn State Law

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies 2019 Roger Williams University School of Law

Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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 crises 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.


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 ...


Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon 2019 University of California, Irvine School of Law

Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon

UC Irvine Law Review

Shortly into the Trump presidency in 2017, Immigration and Customs Enforcement (ICE) began to have an active presence at the municipal court in Gardendale, Alabama. When individuals were brought in on minor offenses or violations, court personnel used racial markers such as language and surname to identify them as potential targets for removal. ICE would then close in to interrogate, detain, and deport them in short order. This collaboration between court personnel and ICE was corroborated by documents obtained in response to a 2017 Freedom of Information Act request. Specifically, an email chain in the documents confirmed that ICE had ...


‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin 2019 University of California Irvine

‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin

Buffalo Law Review

No abstract provided.


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