Preliminary Report: Deportation of Salvadorans who Immigrated to the U.S. as Children

Preliminary Report: Deportation of Salvadorans who Immigrated to the U.S. as Children (2008, Susan Bibler Coutin) This report presents preliminary results of research designed to understand the experiences of Salvadorans who immigrated to the United States as children and who subsequently were deported to the United States as adults. Individuals who immigrate as children are known as 1.5 generation migrants, and are of particular interest because their ties to their country of birth may be attenuated, and yet they may Read More

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons (2008, Emanuela-Chiara Gillard) The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of Read More

What is a “Sanctuary”?

What is a “Sanctuary”? (Rose Cuison Villazor, 61 SMU L. Rev. 133 (2008)) The word sanctuary has recently received significant attention in the political arena and is likely to receive further examination as calls for stricter enforcement of immigration law continue. But what precisely is a sanctuary, particularly in the context of today’s immigration issues? In this symposium Article, I initiate possible approaches to developing an answer. First, I argue that a starting point for defining the contemporary meaning of Read More

The Latino Lawful Permanent Resident Removal Cases: A Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.S. Immigration Law

The Latino Lawful Permanent Resident Removal Cases: A Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.S. Immigration Law (Maritza I. Reyes, 11 Harv. Latino L. Rev. 279 (2008)) This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation Read More

Üner v The Netherlands : Expulsion of Long-term Immigrants and the Right to Respect for Private and Family Life

Üner v The Netherlands : Expulsion of Long-term Immigrants and the Right to Respect for Private and Family Life (Charlotte Steinorth,  Human Rights Law Review (2008) 8 (1): 185-196). Üner v The Netherlands is the first case referred to the Grand Chamber of the European Court of Human Rights (ECtHR) concerning the expulsion of a long-term immigrant convicted of criminal offences. The question whether the expulsion of aliens who were born or raised in a European host country breaches their right Read More

The Significance of the Local in Immigration Regulation

The Significance of the Local in Immigration Regulation (Cristina M. Rodriguez, 106 Mich. L. Rev. 567 (2008)). The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive responsibility of the federal government. Because of the persistence of this assumption, assessments of this important Read More

Rethinking Drug Inadmissibility

Rethinking Drug Inadmissibility (Nancy Morawetz,  50 Wm. & Mary L. Rev. 163 (2008)). Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It proceeds to investigate the broad reach of these rules if they are fully enforced, Read More

Creating Crisis: Immigration Raids and the Destabilization of Immigrant Families

Creating Crisis: Immigration Raids and the Destabilization of Immigrant Families (David B. Thronson, 43 Wake Forest L. Rev. 391 (2008)) Given the deep integration of immigrants into the fabric of the United States through families, the increasing use of raids in homes and workplaces as an immigration law enforcement strategy has profound and predictable impacts on children. While immigration raids formally are targeted at adults, they have ripple effects for children as an unmistakable message of loss and fear is communicated Read More

The Removal of Failed Asylum Seekers: International Norms and Procedures

The Removal of Failed Asylum Seekers: International Norms and Procedures (2007, John Gibson) This paper reviews existing norms and best practice in removals procedures and asylum/appeals procedures relevant to the removal process in chosen countries. It is informed by regional and international standards and refers to the particular situation in the 15 pre-enlargement EU member states, Norway, Switzerland and Australia and with some references to law and practice in New Zealand and Canada. It concentrates on standards that impact the Read More

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity?

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity? (Daniel Kanstroom, 3 Stan. J.C.R. & C.L. 195 (2007)) Deportation is a major law enforcement system that looms over the tens of millions of non-citizens who live, study, and work in this country. Since harsh changes to the system were implemented in 1996, millions of non-citizens have been ordered to leave. Tens of thousands are barred by law from ever returning. Those who might have a legal path of return face an arcane system Read More

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families (Bryan Lonegan, 32 N.Y.U. Rev. L. & Soc. Change 55 (2007)) This article discusses deportation of lawful permanent residents and the effects these deportations have on families. The focus of this article is on lawful permanent residents faced with deportation because of criminal convictions, and the effect of deportation on their families. It emphasizes the utter lack of rationality, compassion, and flexibility in Read More

Detention and Deportation: A Continuing Scandal

Detention and Deportation: A Continuing Scandal (Glenn 2007) Nicholls, Glenn. 2007. “Detention and Deportation: A Continuing Scandal.” Arena. http://arena.org.au/detention-and-deportation-a-continuing-scandal/. Glenn Nicholls argues for fundamental reforms in the treatment of detainees and deportation legislation [in Australia]. The Cornelia Rau and Vivian Alvarez scandals in 2005 brought intense pressure on the Immigration Department to be more careful in carrying out deportations and incarcerating potential deportees. The department is spending $550 million over five years on upgrading its computer systems and has promised Read More

Discretionary Deportation

Discretionary Deportation (Gerald L. Neuman, 20 Geo. Immigr. L.J. 611, 2006) This article explores some of the consequences of mixing administrative discretion with the authority to deport aliens from within the United States. From one perspective, the structure of U.S. deportation policy is highly rule-governed, as befits a nation of immigrants. Congress specifies the grounds of deportation, and executive officials have no authority to deport aliens for unenumerated reasons that they deem to serve the public interest. Aliens within the Read More

Assessing the Collateral International Consequences of the U.S.’ Removal Policy

Assessing the Collateral International Consequences of the U.S.’ Removal Policy (Tara Pinkham, 12 Buff. Hum. Rts. L. Rev. 223 (2006)). Since the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, the number of aliens who may be removed from the United States (U.S.) without relief has greatly increased. These two acts enlarged “the class of aliens subject to deportation by increasing the number of offenses that could constitute aggravated Read More

Global Care Chain: A Critical Introduction

Global Care Chain: A Critical Introduction (Nicola Yeates, Global Migration Perspectives, 44: 1-20, 2005) The ‘global care chain’ concept is attracting attention across a range of social science fields, in particular globalisation studies, migration studies, care studies and gender studies. This paper provides a critical introduction to that concept, a general discussion of the merits of the concept and ways in which its usefulness might be enhanced. The discussion begins by reviewing the origins and general features of the ‘global care Read More

Deportation, Expulsion, and the International Police of Aliens

Deportation, Expulsion, and the International Police of Aliens (Walters 2002) Walters, William. 2002. “Deportation, Expulsion, and the International Police of Aliens.” Citizenship Studies 6 (3). Taylor & Francis Group: 265–92. doi:10.1080/1362102022000011612. Compared with refugee or immigration policy, the historical and political analysis of deportation is poorly developed. This paper suggests some lines along which critical studies of deportation might proceed. First, it argues that we can historicize and denaturalize deportation by setting it within a wider field of political and Read More

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union (Joppke 2001) Joppke, Christian. 2001. “The Legal-Domestic Sources of Immigrant Rights.” Comparative Political Studies 34 (4): 339–66. doi:10.1177/0010414001034004001. This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which Read More