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

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.


The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies 2019 Roger Williams University School of Law

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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.


Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison 2019 Texas A&M University School of Law

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Angela D. Morrison

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues ...


Immigration Detention: Perspectives From Maine Law Students Working On The Ground At The Laredo Detention Center In Texas, Joann Bautista, Katie J. Bressler, Nora R. Bosworth 2019 University of Maine School of Law

Immigration Detention: Perspectives From Maine Law Students Working On The Ground At The Laredo Detention Center In Texas, Joann Bautista, Katie J. Bressler, Nora R. Bosworth

Maine Law Review

Since 2017, students enrolled in the University of Maine School of Law Refugee and Human Rights Clinic have traveled to Laredo, Texas to participate in a program, sponsored and run by the law firm Jones Day in collaboration with Texas RioGrande Legal Aid, to provide representation for women in the Laredo Detention Center. Alongside Jones Day attorneys, the students conduct client intake interviews, draft memos detailing each woman’s experiences and any potential legal claims, and assist in the representation of clients. This article will provide a glimpse into the experiences of three Maine Law student attorneys during their time ...


A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring 2019 Louisiana State University Law Center

A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring

Darlene C. Goring

The article explores the reasons for the failure of due process rights afforded by aliens facing criminal prosecution for unauthorized return to the U.S. after prior removal proceedings. Topics discussed include Federal enforcement of the Immigration and Nationality Act, laws governing criminal prosecution and incarceration for previously removed aliens, and disclosure of the availability of judicial review to aliens facing removal from the U.S.


Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. McKanders 2019 Vanderbilt University Law School

Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

This commentary interrogates the concept of immigration federalism, examining the political and ideological contours of state and local sanctuary laws in the context of both state and the Trump Administration's exclusionary policies. I utilize the intrastate federalism conflicts within the State of Tennessee to highlight the political dynamics that govern the passing of state and local sanctuary laws analyzing new issues that have surfaced under the Trump Administration. In this context, the commentary argues that recent immigration federalism standoffs center around political divisions which fail to engage in principled evaluations of which level of governmentfederal, state, or local--should be ...


Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway 2019 University of Michigan Law School

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.


Immigration Adjudication Bankruptcy, Jill E. Family 2019 Widener Law

Immigration Adjudication Bankruptcy, Jill E. Family

Jill E. Family

The Trump Administration is pushing an adjudicatory system on the brink over the edge. The system designed to decide whether to remove (deport) individuals from the United States has longstanding problems that predate the Trump Administration. Those problems are being exasperated rather than improved. It is time to consider the notion of immigration adjudication bankruptcy. Immigration adjudication bankruptcy involves a declaration that the removal adjudication system is not satisfying the basic principles of administrative process: accuracy, acceptability, and efficiency. This Article, a part of a symposium on executive power and immigration law, raises questions about when bankruptcy should be declared ...


Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske 2019 University of Cincinnati College of Law

Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske

Immigration and Human Rights Law Review

No abstract provided.


Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin 2019 University of Cincinnati College of Law

Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin

Immigration and Human Rights Law Review

No abstract provided.


California Wine Industry Feels The Effect Of Trump, Golden Gate University Law Review 2019 Golden Gate University School of Law

California Wine Industry Feels The Effect Of Trump, Golden Gate University Law Review

GGU Law Review Blog

“When Mexico sends its people, they’re not sending their best. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists.” This was much of the tone about immigrants during Donald Trump’s speeches on his campaign trail. Since President Trump took office, it seems that immigration has propelled to the forefront of political debates and water cooler talk. Most of the headlines regarding immigration that have dominated our screens have been about children being separated at the border, Trump’s disapproval ...


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.


Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne 2019 Allard School of Law at the University of British Columbia

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes ...


Enforcing Masculinities At The Borders, Jamie R. Abrams 2019 Selected Works

Enforcing Masculinities At The Borders, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.


Champions For Justice & Public Interest Auction 2019, Roger Williams University School of Law 2019 Roger Williams University

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols 2019 Southern Methodist University, Dedman School of Law

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular ...


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