Foreign Farmworkers in Canada Fear Deportation If They Complain

Foreign Farmworkers in Canada Fear Deportation If They Complain  (Levin 2017) Levin, Dan. 2017. “Foreign Farmworkers in Canada Fear Deportation If They Complain.” The New York Times, August 13. Migrant farmworkers in Canada are often exploited and do not report complaints out of fear of being deported.  Canada’s seasonal agriculture worker program was set up to recruit migrants from Mexico and 11 Caribbean nations to work for up to eight months a year to address chronic labor shortages, but critics Read More

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse (Amnesty International, 2017). On a day that marks four long years of the Australian Government’s deliberately abusive policies Amnesty International is pleading for an immediate plan to guarantee the safety of the two thousand people trapped on Nauru and Manus Island.

Judging Immigration Equity: Deportation and Proportionality in the Supreme Court

Judging Immigration Equity: Deportation and Proportionality in the Supreme Court (Jason A. Cade, U.C. Davis Law Review, Vol. 50, Feb. 2017) Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities Read More

New immigration law in Argentina bans entry, expels foreigners with criminal records

New immigration law in Argentina bans entry, expels foreigners with criminal records (Fox News 2017) Fox News. 2017. “New Immigration Law in Argentina Bans Entry, Expels Foreigners with Criminal Records,” January 31. http://www.foxnews.com/world/2017/01/31/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-record.html. Argentinian President Mauricio Macri signed a degree that toughens immigration law to speed up the deportation process and bar entry to foreigners with criminal records.  The decree greenlights the prompt deportation of thousands of foreign inmates currently serving sentences in Argentina and has received some backlash from Read More

Deported with No Possessions

Deported with No Possessions: The Mishandling of Migrants’ Personal Belongings by CBP and ICE (Walter Ewing and Guillermo Cantor, American Immigration Council, 2016) U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) have a serious and longstanding problem with handling the personal belongings of detained migrants in their custody. Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care. The Department of Homeland Security (DHS) Read More

Fast-Track to Injustice: Rapidly Deporting the Mentally Ill

Fast-Track to Injustice:  Rapidly Deporting the Mentally Ill (Aimee L. Mayer-Salins, 14 Cardozo Pub. L. Pol’y & Ethics J. 545, 2016) This Article contends that DHS should afford individuals with mental illness additional procedural protections in fast-track removal proceedings. The Article begins with an overview of these fast-track procedures, including a discussion of the limited procedural protections available. The Article highlights the lack of special procedural protections for individuals suffering from mental illnesses. The Article then contrasts this absence of special Read More

Actually, Padilla Does Apply to Undocumented Defendants

Actually, Padilla Does Apply to Undocumented Defendants (Daniel A. Horwitz, Harvard Latino Law Review, Vol. 19., Spring 2016.) Padilla does apply to undocumented defendants. For the reasons provided in this Article, the reasoning of those authorities that have reached a contrary conclusion suffers from four fatal flaws. This Article proceeds in six parts. Part I summarizes the authorities that have concluded that Padilla does not apply to undocumented defendants. Part II explains why this conclusion neglects the legal and practical reality Read More

Reshaping possible futures: Deportation, home and the United Kingdom

Reshaping possible futures: Deportation, home and the United Kingdom (Ines Hasselberg, Anthropology Today, Volume 32, Issue 1, February 2016 ) In this article I examine how foreign nationals in the United Kingdom (UK) envisage the possibility of a forced return to their countries of origin. Drawing on ethnographic data collected in London among foreign national offenders appealing their deportation at the Immigration Tribunal, I show how preparations for an eventual return were seldom made by those appealing deportation, even if the prospect Read More

Post-Deportation Remedy and Windsor’s Promise

Post-Deportation Remedy and Windsor’s Promise (2016, Kate Shoemaker) Since 1996, the Defense of Marriage Act (DOMA) defined marriage for federal purposes as the union between a man and a woman. As same-sex marriage became legal across the United States, DOMA created a situation in which same-sex married couples could not access federal immigration benefits based on their married status. In some cases, this meant that noncitizens were removed from the United States solely because their same-sex marriages to U.S. citizens were not Read More

Reducing the Deportation’s Harm by Expanding Constitutional Protections to Functional Americans

Reducing the Deportation’s Harm by Expanding Constitutional Protections to Functional Americans (Beth Caldwell, 37 Whittier L. Rev. 355, 2016) This paper draws upon primary research conducted with deportees in Mexico to highlight the need to extend constitutional protections to deportation proceedings. Deportation is particularly cruel for those who have become integrated into American society. People are permanently separated from their spouses and children, and from the only country that they have ever considered to be their home. This experience often triggers Read More

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic (Amnesty International 2016) Amnesty International. “‘Where Are We Going to Live?’: Migration and Statelessness in Haiti and the Dominican Republic.” 2016. https://www.amnestyusa.org/files/amr3641052016_where_am_i_going_to_live.compressed.pdf. In December 2013, the Dominican Republic set out an 18-month National Regularization Plan for Foreigners with Irregular Migration Status aimed at foreigners who had migrated to the Dominican Republic. In the same month, the government announced a suspension of all deportations, but promised Read More

Report on the Situation of Human Rights in the Dominican Republic

Report on the Situation of Human Rights in the Dominican Republic (IACHR 2015) Inter-American Commission on Human Rights. “Report on the Situation of Human Rights in the Dominican Republic.” 2015. http://www.oas.org/en/iachr/reports/pdfs/DominicanRepublic-2015.pdf. The Inter-American Commission on Human Rights is presenting this report to examine the situation with regard to the rights to nationality, legal personality, equality and nondiscrimination, as well as other related human rights from the situation created by judgment TC/0168/13 of the Dominican Republic’s Constitutional Court on September 23, 2013. Read More

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases (2015, Shuting Chen) This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many of them are apprehended again by immigration authorities, who may reinstate the prior removal order and severely limit the immigrants’ legal options. Although the government takes the position that such illegal reentrants are foreclosed from applying Read More

Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum

Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum (Geoffrey A. Hoffman, Nimra Chowdhry & Martha Chase, Houston Law Review: Off the Record, Vol. 5:2 (2015)) This Article raises awareness concerning an injustice caused by our current immigration system in the United States. It explains the facts and procedural history of one person’s fight to remain in the United States, and his ultimate physical deportation while his pro se case was still pending before the Fifth Circuit. Although such a deportation is not currently Read More

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad (2014, Tianyin Luo and Sean Lai McMahon) Today, many immigrants who have won their deportation cases on appeal before a circuit court—a filing called a ‘‘petition for review’’—are stranded in their countries of origin, with no way to return to the U.S. This problem is caused by the government’s insistence on deporting immigrants who have a legal right to remain in the United States before they have Read More

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship (Kari Hong, Georgetown Immigration Law Journal (2015)). As a creature of administrative law, Congress has set forth clear, statutory definitions of “parent,” “child,” “son,” “daughter,” and “step-parent.” As a practical matter, these terms create a uniform system by which family relationships are recognized and immigration benefits are conferred. In one notable exception, Congress directs adjudicators to look to state law when determining which children are citizens at birth. Derivative citizenship, the legal process Read More

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien (Audrey Macklin, 40:1 Queen’s LJ, 2014) Since 9/11, Western governments have redefined what it means to be a citizen. Though citizenship is often thought of as an inalienable right, the emergence of the “homegrown ” terrorist has called into question whether certain citizens deserve the protection that citizenship status provides. Although international treaties preclude a country from rendering a person stateless, recent legislative and executive action in the Read More

Case of Expelled Dominicans and Haitians v. Dominican Republic

CASE OF EXPELLED DOMINICANS AND HAITIANS v. DOMINICAN REPUBLIC (Inter-American Court of Human Rights 2014) Inter-American Court of Human Rights. 2014. Case of Expelled Dominicans and Haitians v. Dominican Republic. Submission of the case and synopsis: On July 12, 2012, in accordance with Articles 51 and 61 of the Convention, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the Court case 12,271 against the State of the Dominican Republic (hereinafter “the State” or Read More

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context (Ramanujan Nadadur, Yale Human Rights and Development Journal: Vol. 16: Iss. 1, Article 5, 2013). Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the Obama Administration has removed nearly 400,000 Read More

Immigration Law and the Myth of Comprehensive Registration

Immigration Law and the Myth of Comprehensive Registration (Nancy Morawetz & Natasha Fernández-Silber, 48 U.C. Davis L. Rev. 141 (2014)). This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate — there exists a comprehensive federal alien registration system; this scheme obligates all non-citizens in the Read More

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations (Sheldon Novick, Georgetown Immigration Law Journal, Vol. 27, No. 3, p.485, 2013) Current “comprehensive immigration reform” proposals would regularize the status of some undocumented immigrants, and provide a path to citizenship. Those would be important reforms, if less than comprehensive. Discussions of immigration reform have not yet adequately addressed the human rights crisis caused by a program of mass deportation of “unlawful” aliens, a program in which Read More

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis (Won Kidane, 27 Emory Int’l L. Rev. 285 (2013) Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons – including noncitizens, also known as “aliens.” Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for Read More

Immigration Enforcement in the United States: The Rise of a Formidable Machinery (Meissner et al. 2013) Meissner, Doris, Donald M. Kerwin, Muzaffar Chishti, and Claire Bergeron. 2013. Immigration Enforcement in the United States: The Rise of a Formidable Machinery. Migration Policy Institute. The U.S. government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined, and has allocated nearly $187 billion for immigration enforcement since 1986. In fiscal 2012, the federal government spent Read More

Illegal Emigration: The Continuing Life of Invalid Deportation Orders

Illegal Emigration: The Continuing Life of Invalid Deportation Orders (Richard Frankel, 2012) Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their prior status of being lawfully present in the United States, federal immigration authorities have used the fact Read More

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness? (Timothy P Fadgen and Guy Charlton, Victoria University of Wellington Law Review Vol. 43, Issue 3 (Sep 2012)). New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the Read More

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights (Christopher Michaelsen, International and Comparative Law Quarterly, 61(3), 2012) On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v United Kingdom.1 Abu Qatada, a radical Muslim cleric once described as ‘Osama bin Laden’s right-hand man in Europe’, was convicted in absentia in Jordan for various terrorist offences.2 He alleges, however, that part of the evidence Read More

The Family Rights of European Children: Expulsion of Non-European Parents

The Family Rights of European Children: Expulsion of Non-European Parents (Gareth T. Davies, 2012) In Ruiz Zambrano and Dereci the European Court of Justice found that EU law prohibits expulsion of a family member of a Union citizen if that expulsion would force the Union citizen to leave the Union too. This is of particular importance where the Union citizen is a child, since children are particularly dependent upon their parents and perhaps cannot be expected to remain behind without Read More

Immigration Law and the Proportionality Requirement

Immigration Law and the Proportionality Requirement (Michael Wishnie, 2 U.C. IRV. L. REV. 415 (2012)). Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. Doctrinal and theoretical debates concerning proportionality review of criminal sentences, civil punitive damages awards, and other sanctions Read More

Separation, Deportation, Termination

Separation, Deportation, Termination (Marcia Yablon-Zug, 32 B.C. J.L. & Soc. Just. 63 (2012)). There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child’s best interest. This requirement is unique to immigrant parents and can have a disastrous impact on their ability to retain custody of Read More

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings (Aliza B. Kaplan, 26 Geo. Immigr. L.J. 523, 2012) In May 2011, in Matter of M-A-M, the Board of Immigration Appeals (BIA) for the first time examined the issue of mentally disabled aliens and their vulnerability in immigration proceedings. To assist Immigration Judges (IJs), the BIA created a framework to analyze cases where issues of mental competency are raised. While this decision appears to recognize the unjust Read More

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation (Alice Clapman, Cardozo Law Review, December 2011.) This article considers whether Padilla might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations on the right to appointed counsel per se. Part I describes the particular problem of unrepresented defendants facing charges that would make them deportable, both in terms Read More

Disappearing Parents: Immigration Enforcement and the Child Welfare System

Disappearing Parents: Immigration Enforcement and the Child Welfare System (Nina Rabin, 2011) This Article presents original empirical research that documents systemic failures of the federal immigration enforcement and state child welfare systems when immigrant parents in detention and deportation proceedings have children in state custody. The intertwined but uncoordinated workings of the federal and state systems result in severe family disruptions and raise concerns regarding parental rights of constitutional magnitude. This Article documents this phenomenon in two ways. First, it Read More

Penalty and Proportionality in Deportation For Crimes

Penalty and Proportionality in Deportation For Crimes (Maureen Sweeney and Hillary Scholten, Saint Louis University School of Law, 2011) It should be noted that our piece is limited in scope. For example, though we think it is a serious question, we will not address whether society, as represented by the government, has a strong enough interest in policing its borders and the content of its community to override constitutionally based protections for individuals (the plenary powers doctrine). Heartened by Padilla’s willingness to Read More

Deportation and Double Jeopardy After Padilla

Deportation and Double Jeopardy After Padilla (Aaron Haas, 26 Geo. Immigr. L.J. 121, 2011) Deportation of criminal aliens has continually been deemed a civil sanction and thus not subject to Fifth Amendment protections against Double Jeopardy. However, there is increasing evidence that the criminal-civil distinction is eroding under modern criminal and immigration jurisprudence. Specifically, the Supreme Court is increasingly willing to find that ostensibly civil sanctions that seem punitive in purpose or effect are punishments. I argue in this article Read More

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress? (2011, Daniel Kanstroom) Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear constitutional precedent. It is surely a very interesting and important U.S. Supreme Court case in the (rapidly converging) fields of immigration and criminal law in which the Court struggles Read More

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment (Daniel Kanstroom, 58 UCLA L. Rev. 1461 (2011)) The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly incorrect advice concerning the risk of deportation. This was a very significant move with virtues of both logic and justice. It will Read More

Deportation is Different

Deportation is Different (Peter L. Markowitz, (2010)). Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed Read More

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community (2010, Walter Leitner International Human Rights Clinic; Returnee Integration Support Center; Deported Diaspora) The Walter Leitner International Human Rights Clinic of the Leitner Center for International Law and Justice at Fordham Law School, the Returnee Integration Support Center (RISC) and Deported Diaspora announce the release of a new report, Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community.  The report highlights the human rights impact of our current immigration policies through the lens of 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

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

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