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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 ...


Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson II 2019 University of Michigan Law School

Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson Ii

University of Michigan Journal of Law Reform

On February 19, 2018, United Nations Secretary-General Antonio Guterres claimed that he was “absolutely convinced” that “the next war will begin with a massive cyber-attack to destroy military capacity . . . and paralyze basic infrastructure.” The Secretary-General’s greatest concern, however, is that he believes “there is no regulatory scheme for that type of warfare, it is not clear how the Geneva Convention or international humanitarian law applies to it.” Although Additional Protocol I to the Geneva Conventions (AP I) targeting laws generally identify who and what States may target in war, it expressly limits itself to attacks affecting people and objects ...


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 ...


What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty 2019 Boston College Law School

What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty

Boston College Law Review

The United States Supreme Court should have expanded § 1610(g) of the Foreign Sovereign Immunities Act to allow United States victims of foreign state sponsored terror attacks to file attachments against any kind of property owned by a foreign government. This would have provided victims with a viable opportunity to execute the judgments of United States courts against foreign state defendants. Without an expanded § 1610(g), victims will continue to be trapped without any realistic path to recover the full amount of damages they have sustained.


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 ...


Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik 2019 Sam Houston State University

Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphones with Google's Android operating system are becoming more and more popular each year, and with this increased user base, comes increased opportunities to collect more of these users' private data. There have been several instances of malware being made available via the Google Play Store, which is one of the predominant means for users to download applications. One effective way of collecting users' private data is by using Android Spyware. In this paper, we conduct a forensic analysis of a malicious Android spyware application and present our findings. We also highlight what information the application accesses and what ...


A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer 2019 Embry-Riddle Aeronautical University, Daytona Beach

A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer

International Journal of Security Studies

On June 18, 2018, at a meeting of the National Space Council, President Trump announced that he had directed the Department of Defense and the Pentagon “to immediately begin the process necessary to establish a space force as the sixth branch of the armed forces.” There are distinct legal, logistical, budgetary, and political challenges that must be resolved before a Space Force comes into being, and this paper provides insight into all of these issues. The legal section notes that while certain military activities are permitted in outer space, defensive weapons are likely the only systems that a Space Force ...


Threads Of Terror, Crime, & Slavery “He Who Would Pry Behind The Scenes Oft Sees A Counterfeit”, Gabriella Manduca 2019 Brooklyn Law School

Threads Of Terror, Crime, & Slavery “He Who Would Pry Behind The Scenes Oft Sees A Counterfeit”, Gabriella Manduca

Journal of Law and Policy

Over the past decade, there has been a greater appreciation of how “following the money trail” directly contributes to the fight against terrorism, crime, and corruption around the world. Money serves as the oxygen for any activity, licit or illicit; it is the critical enabler for any organization, from international crime syndicates like the Mexican cartels to terrorist groups like the FARC, ISIS, and Hezbollah. Financial intelligence has helped governments to better understand, detect, disrupt, and counter criminal and terrorist networks and expose political corruption. Since the September 11, 2001 terrorist attacks, . . . [nations] have strengthened their ability to combat money ...


The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt 2019 Cedarville University

The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt

Channels: Where Disciplines Meet

How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of ...


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.


Get Real: Implications And Impositions Of The Real Id Act Of 2005 On Vulnerable Individuals And States, Haley Hoff 2019 The Catholic University of America, Columbus School of Law

Get Real: Implications And Impositions Of The Real Id Act Of 2005 On Vulnerable Individuals And States, Haley Hoff

Catholic University Law Review

The Act imposed strict requirements for those seeking to obtain personal identification documents. This Comment provides a background of the Real ID Act, including its controversial enactment, flawed implementation, and the effects the Act has on citizens. It will examine the various approaches states have employed during their process of coming into compliance with the Act as well as states’ struggle to achieve compliance. This Comment also provides a critical look into the unique issues that lower income and elderly individuals face as a result of the Act. Lastly, the Comment offers various practical and legal solutions that must be ...


New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies 2019 Roger Williams University School of Law

New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar 2019 Stanford Law School

Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar

Michigan Law Review

U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other ...


Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar 2019 University of Southern California

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First ...


Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett 2019 University of Miami Law School

Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Masthead, 2019 University of Miami Law School

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Editor In Chief Comment, 2019 University of Miami Law School

Editor In Chief Comment

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez 2019 University of Miami Law School

Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Political Extremism And Domestic Terrorism In America, Mark Potok 2019 University of Miami Law School

Political Extremism And Domestic Terrorism In America, Mark Potok

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Charging Crimes As "Terrorism", Jenna McLaughlin 2019 University of Miami Law School

Charging Crimes As "Terrorism", Jenna Mclaughlin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


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