The Case For ‘Firewall’ Protections For Irregular Migrants: Safeguarding Fundamental Rights, 2019 Allard School of Law at the University of British Columbia
The Case For ‘Firewall’ Protections For Irregular Migrants: Safeguarding Fundamental Rights, Bethany Hastie
The issue of irregular migration is experiencing heightened attention in political, social and legal arenas. While deterrence and crime-control discourse and practices dominate current approaches to irregular migration, this article seeks to focus on the problematic neglect of the treatment of irregular migrants in destination countries, in relation to their ability to access fundamental rights and basic public services. This article will put forth an argument for the establishment of firewalls – a separation between immigration enforcement activities and public service provision. This article will canvass existing trends and practices that have both contributed to the erosion of firewall protections, and ...
The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, 2019 Allard School of Law at the University of British Columbia
The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, Bethany Hastie
This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.
Borders Rules, 2019 University of Pennsylvania Law School
Borders Rules, Beth A. Simmons
Faculty Scholarship at Penn Law
International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, 2019 DePaul University
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin
Mission and Ministry Publications
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 ...
Immigration's Future: Closing The Door On The American Dream?, 2019 Barry University School of Law
Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon
Barry Law Review
No abstract provided.
Amplifying The Voices Of The Muted: Reinterpreting Rival Representations Of Mexican And Central American Migrants And Refugees In American Migration Discourse, Katherine Marie Hopper
Senior Projects Spring 2019
Senior Project submitted to The Division of Social Studies of Bard College.
Environmental Refugees? Rethinking What’S In A Name, 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 ...
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, 2019 Touro Law Center
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
The Psychology Surrounding Legal Standards Of Competency And Representation For Children In U.S. Immigration Court, Natasha Reyes
CMC Senior Theses
In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of ...
Remarks On Prosecutorial Discretion And Immigration, 2019 Penn State Law
Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia
No abstract provided.
Immigration, Adoption And Our National Identity, 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 ...
Health Justice For Immigrants, 2019 Penn State Dickinson Law
Health Justice For Immigrants, Medha D. Makhlouf
Faculty Scholarly Works
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 ...
The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, 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 ...
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, 2019 Georgetown University Law Center
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The humanitarian program Congress created in 1990 to allow conflict refugees and those affected by significant natural disasters to live and work in the United States with legal status has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. In about one-third of the designated nationalities, including the largest groups, however, conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term ...
The Travel Ban Decision, Administrative Law, 2019 Roger Williams University School of Law
The Travel Ban Decision, Administrative Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, 2019 University of Oklahoma College of Law
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Oklahoma Law Review
No abstract provided.
Immigration And Blackness, 2019 Vanderbilt University Law School
Immigration And Blackness, Karla Mckanders
Vanderbilt Law School Faculty Publications
There is a long history of the intersection of immigration, race, and civil rights in America. Immigration laws have operated in a manner to maintain homogeneity to the exclusion of immigrants of color. Immigration laws throughout America’s history have traditionally utilized fear and exclusion to define what America should look like and have privileged some immigrant’s over others.
Subfederal Immigration Regulation And The Trump Effect, 2019 Texas A&M University School of Law
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
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 ...
Executive Overreaching In Immigration Adjudication, 2019 Texas A&M University School of Law
Executive Overreaching In Immigration Adjudication, Fatma Marouf
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of interference. First, the Article discusses political interference with immigration adjudicators, including politicized appointments of judges, politicized performance metrics, and politicized training materials. Second, the Article addresses executive interference with the process of adjudication, examining how recent immigration decisions by former Attorney General Jeff Sessions curtail noncitizens’ procedural rights instead of making policy choices and promote ...
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, 2019 Duke Law School
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
No abstract provided.