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10 Reasons Why Congress Should Defund Ice’S Deportation Force, Kari E. Hong 2019 Boston College Law School

10 Reasons Why Congress Should Defund Ice’S Deportation Force, Kari E. Hong

Boston College Law School Faculty Papers

Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing. ICE consists of two agencies – Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter, the ERO deportation force.

Defenders proffer that the idea is silly, that abolition could harm public safety, or that advocates of abolition must first explain what, if anything, would replace the agency. Those reasons are not persuasive. The first ignores that federal agencies are not eternal and have been created and eliminated as ...


Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel 2019 University of Denver, Sturm College of Law

Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel

University of Michigan Journal of Law Reform

The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender ...


Switching Employers In A Working World: American Immigrants And The Revocation Notice Problem, Julie Aust 2019 University of Michigan Law School

Switching Employers In A Working World: American Immigrants And The Revocation Notice Problem, Julie Aust

University of Michigan Journal of Law Reform

A current tension in U.S. employment immigration law involves the notice requirements for prospective permanent residency—”green card”—applicants. Foreign workers oftentimes do not receive their green cards for more than ten years after beginning the permanent residency process. For almost four decades after the first major employment immigration legislation was passed in 1965, green card applicants were unable to change employers during this extremely long process without abandoning their applications. In 2000, Congress sought to remedy the problem by passing legislation allowing foreign workers to change employers without sacrificing progress on their green cards. This legislation, however, created ...


The Global Migration Crisis: How Global Responsibility Sharing Policies Like The U.S. Canada Safe Third Country Agreement Can Help Lead The World In Addressing The Migration Crisis, Stephanie Hadley 2019 Daemen College

The Global Migration Crisis: How Global Responsibility Sharing Policies Like The U.S. Canada Safe Third Country Agreement Can Help Lead The World In Addressing The Migration Crisis, Stephanie Hadley

Academic Festival Posters

With a global rise in immigration and migration concerns amidst a record number of refugees on the move, it is even more concerning that a significant majority of the world’s refugee population are migrating into second and third-world economies. As a country discovered and founded on the footsteps of hard-working immigrants, the United States owes a sense of responsibility and compassion to the global community in leading the movement for comprehensive immigration reform to adapt to the modern era of globalization. This includes moving away from the ideological strains of society and compromising to the actual issues at hand ...


Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes 2019 University of Baltimore School of Law

Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes

All Faculty Scholarship

The phrase “environmental refugee” summons a compelling image of someone forced to relocate due to climate change. The phrase has been used effectively to raise awareness of such diverse problems as the rising sea levels that are submerging some Pacific islands, as well as the increased impact of natural disasters like hurricanes and earthquakes which cause a mixture of temporary and permanent migration. As climate change accelerates, and its human costs become ever clearer, it is completely appropriate and necessary to respond to these migrations, and a number of international initiatives are underway to do so.

As these initiatives go ...


Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon 2019 Barry University School of Law

Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon

Barry Law Review

No abstract provided.


Invoking Common Law Defenses In Immigration Cases, Fatma Marouf 2019 Texas A&M University School of Law

Invoking Common Law Defenses In Immigration Cases, Fatma Marouf

Faculty Scholarship

This Article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed offhand by immigration judges simply because removal proceedings are technically civil, not criminal. Yet many common-law defenses may be raised in civil cases. Additionally, immigration proceedings have become increasingly intertwined with the criminal system. After examining how judges already rely on federal common law to fill in gaps in the Immigration and Nationality Act (INA), this Article proposes three categories of ...


Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van 2019 Texas A&M University School of Law

Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the termination of the DACA program. Beyond the traditional levers of federal immigration control, this administration has also moved aggressively to harness the enforcement power of local and state police to increase interior immigration enforcement. To that end, the administration has employed both voluntary measures (like signing 287(g) agreements deputizing local police to enforce immigration laws) and involuntary measures (threatening to defund jurisdictions with ...


Health Justice For Immigrants, Medha D. Makhlouf 2019 Penn State Dickinson Law

Health Justice For Immigrants, Medha D. Makhlouf

Faculty Journal Articles

Should universal health coverage include immigrants within the “universe?” Should federal taxpayers subsidize health insurance coverage for immigrants, even those who are undocumented? Should all immigrants be required to purchase health insurance? Although the Affordable Care Act (ACA) is conceived as a progressive project to expand access to coverage and promote equity in health care, it intentionally left out the 12.5 million undocumented immigrants living in the United States and preserved the existing restrictions on subsidized coverage for lawfully present non-citizens. In fact, it increased the disparity in access to health care between U.S. citizens and immigrants. As ...


Immigration, Adoption And Our National Identity, Shani M. King 2019 University of Florida Levin College of Law

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political ...


College Access For Undocumented Students And Law, Jessica C. Enyioha 2019 Texas State University

College Access For Undocumented Students And Law, Jessica C. Enyioha

Educational Considerations

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices ...


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

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

Washington University Global Studies Law Review

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 ...


California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma 2018 SCU Law Class of 2019

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...


Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin 2018 DePaul University

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.

This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some ...


Foia Response On Deferred Action (Non-Daca), Shoba S. Wadhia 2018 Penn State Law

Foia Response On Deferred Action (Non-Daca), Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Practical Equality, Robert L. Tsai 2018 American University Washington College of Law

Practical Equality, Robert L. Tsai

Robert L Tsai

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.


Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen 2018 Red River College

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia ...


Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies 2018 Roger Williams University School of Law

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies 2018 Roger Williams University School of Law

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Law Under The Mclachlin Court, Catherine Dauvergne 2018 Allard School of Law at the University of British Columbia

Immigration Law Under The Mclachlin Court, Catherine Dauvergne

Faculty Publications

No abstract provided.


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