By: Kathy Jara, Associate Editor, Vol. 27 There are many arbitrary areas of immigration law that showcase deep-seated racist and xenophobic attitudes of the U.S. justice system. In particular, refugee law has been very difficult for refugees and asylees[i] to navigate. These individuals are, more often than not, individuals of color and members of other […]
immigration
Forced Sterilizations in ICE Detention Facilities and Possible Recourse for Undocumented Victims
By Alexandra van DorenAssociate Editor, Vol. 26 In September of 2020, many reacted with equal parts shock and disgust at the headlines that began to emerge detailing the unauthorized hysterectomies being performed in the Irwin County immigration detention facility in Georgia.[1] That shock, while understandable, is unfounded. Jamille Fields Allsbrook, the Director of Women’s Health […]
A Reexamination of America’s Mexican Immigration Policy
By Juan MoraAssociate Editor, Vol. 26 After another United States presidential election, the resounding clash over the problem of Mexican immigration continues. President Trump won the 2016 presidential election largely centered on his hard stance on immigration, an anchoring issue that was vital to his agenda. No one could possibly forget those troubling three words […]
Litigating the Constitutionality of Trump’s National Emergency Declaration
By Sam Kulhanek Associate Editor, Vol. 24 On February 15, 2019, President Trump declared a national emergency in order to push forward his long-standing plans to build a wall along the U.S.-Mexico border.[1] Earlier that same day, Trump had signed an act of Congress appropriating $1.375 billion for the border wall, which fell far short […]
It Is Not Illegal to Seek Asylum: An Analysis of the New Migrant Protection Protocols
By Sam Kulhanek Associate Editor, Vol. 24 In line with the Trump Administration’s recent efforts to restrict the right to seek asylum, the Department of Homeland Security (“DHS”) appears to be keeping its December promise to return certain asylum seekers to Mexico during the pendency of their immigration proceedings. Labeled as the “Migrant Protection Protocols,” […]
Does it Hurt to Ask? Citizenship Question Proposed for 2020 Census Faces Legal Challenges
By Rose Lapp Associate Editor, Vol. 24 Congress is granted the power to carry out the census by Article 1, Section 2 of the Constitution, which reads: “The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, […]
How Jeff Sessions is Quietly Transforming Immigration Law to Promote His Anti-Immigrant Agenda
By Samantha Kulhanek Associate Editor, Vol. 24 The Attorney General’s authority to refer Board of Immigration Appeals (“BIA”) decisions to himself for review was established via regulation in 1940,[1] and yet this power appears to be receiving more attention today than it ever has.[2] The appointment of Jeff Sessions as Attorney General prompted a string […]
How Should the United Nations Intervene in Libya’s African Migrant Crisis?
By Shanene Frederick Associate Editor, Volume 23 In recent months, increasing media attention has been devoted to the plight of African migrants leaving their home countries in the hopes of reaching Europe.[1] These migrants often give money saved up for the journey to smugglers in Libya, who put them in boats that sail across the […]
Trump’s Travel Ban: Is There a Way Out?
By Rita Samaan Associate Editor, Vol. 22 In the wake of the Ninth Circuit Court of Appeals’ decision to block President Trump’s Executive Order 13769 (“Executive Order”), the President vowed to issue “a new executive action . . . that will comprehensively protect our country.”[1] The President’s officials have disclosed their intent to advocate more […]
Imposition of Identity: Trump’s Immigration Order and the Racialization of Islam
By Asma Husain Associate Editor, Vol. 22 On January 27 of this year, newly-inaugurated President Trump issued an executive order temporarily immigration from Iran, Iraq, Syria, Sudan, Somalia, Libya, and Yemen pending a report from the Department of Homeland Security, to be completed within thirty days of the order’s date.[1] Despite singling out only Muslim-majority countries, […]
Michigan Journal of Race & Law 