Transnational Law Clinic Research Guide: Home

Provides an overview of the history and institutional structure of immigration law. Coverage includes: standards and application procedures for visas; grounds for requiring an alien to depart from the U.S. and the procedures for removal and denial of admission; citizenship and the rights of aliens in the U.S.; refugee and asylum issues.

The third edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The book also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. Each chapter has been updated to analyze the unprecedented number of immigration enforcement measures--and many simply unprecedented measures--taken by the Trump administration, including but not limited to: The various increased enforcement measures, including expanded detention (and the "end of catch-and-release"), workplace raids, and restoration of Secure Communities (which the Obama administration had dismantled); The "zero tolerance" policy directed at Central American asylum seekers, including the policy to separate minors from parents in immigration detention centers; The "Muslim"" or "travel ban" upheld by the U.S. Supreme Court; The end of Temporary Protected Status for Salvadorans, Hondurans, Nicaraguans, Haitians, and nationals of several other countries; The attempt to rescind the Deferred Action for Childhood Arrivals (DACA) policy adopted by the Obama administration; and The efforts to discourage state and local "sanctuary" policies that limit state and local cooperation with federal immigration enforcement efforts. The chapters further update the various chapters with Supreme Court immigration decisions, including the Court's decision invalidating a removal ground on due process grounds (Sessions v. Dimaya (2018)) and invalidating a derivative citizenship rule for violating Equal Protection (Sessions v. Morales-Santana (2017)).

At a time when immigration law is in flux, Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understand and apply U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, prevent separation of and reunite families, and provide relief to foreign nationals facing removal proceedings.  Attuned to the sensitivity and responsibility necessary to ensure just results in high stakes immigration cases, the authors, who have a combined 35-plus years of front-line experience, provide readers with in-depth information and highlight readers recent changes and ongoing litigation where applicable.  In addition, the book offers a new section on enforcement in both in the non-and employment-based contexts, providing avenues for discussions on matters of policy. They generously and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, followed up by proposing strategies for the professionals seeking to help them. New to the Second Edition: Major revisions that reflect a new focus on strict enforcement of immigration laws and the use of Executive Orders and procedural changes that affect the implementation and application of the law including: Migrant Protection Protocols Zero Tolerance Policy Safe Third Country Proposals Extreme vetting Muslim Ban Updated discussions of significant legal changes arising from case law such as: Pereira v. Sessions, a decision of the U.S. Supreme Court and subsequent decisions by the Board of Immigration Appeals and circuit courts, highlighting tensions around what information a valid notice to appear should contain. Matter of A-B, which sought to categorically exclude asylum claims based on domestic and gang-based violence Matter of L-A-B-R-, which severely restricts the use of continuances in removal proceedings Matter of Castro Tum, which limits the ability of immigration judges to close removal proceedings administratively. Analysis of the changes to public charge requirements affecting family members seeking to immigrate or become permanent residents in the United States Review of the recent changes to the EB-5 or investor visa process as an avenue to achieve permanent residency for those who provide job creating investments in the United States Professors, students, and legal practitioners new to the practice of immigration law will benefit from: Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, F-1. H-1Bs, and visas for investment and trade. Immigration options for humanitarian immigrants such as asylum seekers, refugees, survivors of domestic violence protected by the Violence Against Women Act (VAWA), SIJ, U, and T visa applicants. Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status, Permanent Labor Certification Program (PERM), and consular processing. Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers and relief from removal. Explanation of immigration court procedures and relief available in removal proceedings Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving. Numerous cases for discussion, with responses on the companion website available to instructors. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing. Website updates to keep students and faculty current with the latest changes in this fast-moving subject area.

The Trump administration's war on asylum and what Congress and the Biden administration can do about it Donald Trump's 2016 campaign centered around immigration issues such as his promise to build a border wall separating the US and Mexico. While he never built a physical wall, he did erect a legal one. Over the past three years, the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers. If left unchecked, these policies will effectually lead to the end of asylum, turning the United States ? once a global leader in refugee aid ? into a country with one of the most restrictive asylum systems. In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system. Beginning with the Refugee Act of 1980, they describe how Congress adopted a definition of refugee based on the UN Refugee Convention and prescribed equitable and transparent procedures for a uniform asylum process. The authors then chart the evolution of this process, showing how Republican and Democratic administrations and Congresses tweaked the asylum system but maintained it as a means of protecting victims of persecution ? until the Trump administration. By expanding his executive reach, twisting obscure provisions in the law, undermining past precedents, and creating additional obstacles for asylum seekers, Trump's policies have effectively ended asylum. The book concludes with a roadmap and a call to action for the Biden administration and Congress to repair and reform the US asylum system. This eye-opening work reveals the extent to which the Trump administration has dismantled fundamental American ideals of freedom from persecution and shows us what we can do about it.

Overview of the international, regional and domestic human rights systems. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems and the adoption of new conventions such as those on forced disappearances and persons with disabilities. Includes chapters on the treatment of human rights treaties and norms within the U.S. legal system as well as on the role of non-governmental human rights organizations. Discover the history behind international human rights, including the institutional context from which they evolved.

A practical introduction to international human rights protection, produced by the United Nations High Commissioner for Human Rights.

Written by a former UN High Commissioner for Human Rights (2003-4), this book provides a short and accessible introduction to the foundational human rights ideas of our times.

This collection of essays explores the principle and history of international human rights law. It addresses questions regarding the sources of human rights, its historical and cultural origins and its universality. Biddle Law Library has this title in both ebook and print format.

Basic Documents on Human Rights provides an extensive collection of key documents covering all elements of the subject, accompanied by authoritative commentary and bibliographic annotation. The result is a clear and accurate set of the most important human rights instruments adopted by theUnited Nations and its agencies, by regional organisations, and other actors in the field. This text contains the essentials for a thorough study of human rights, mapping well onto both undergraduate and postgraduate courses. It provides the convenience of an indispensable 'one-stop' collectionfor research and reference, for practitioners and students alike, with guidance from the leading experts in the field.