Category Immigration Law

Judge’s Order Spells End to U.S. Family Detention Program

Last month, a federal judge ordered the Obama administration to release “without unnecessary delay” the mothers and children that it began detaining en masse last summer; it remains to be seen whether the government will fully comply with the judge’s order by the court-imposed deadline of October 23. Immigration attorneys and advocates have long condemned […]

Who benefits? Terrorism in Kenya and the scapegoating of Somali refugees

One year ago in Nairobi, Wole Soyinka gave a stirring lecture in memory of his fellow poet, Kofi Awoonor of Ghana, who was killed in the 2013 Westgate attack. Awoonor was one of at least 67 people killed when al-Shabaab fighters stormed into the Westgate Mall and occupied the building for four days; another 175 […]

Jade Cages: Visiting Angel Island

I’m standing in the U.S. Immigration Station on Angel Island, one of our nation’s first immigration detention centers. Growing up on the east coast of the United States, I hadn’t even heard of Angel Island until I decided to write my undergraduate history thesis on the Chinese Exclusion Act of 1882. In a way, the […]

Immigration Stories: The more things change, the more they stay the same

I recently had a chance to read a book that I’ve been wanting to dive into for years. Immigration Stories, edited by David A. Martin and Peter H. Schuck, is part of the Stories Series, which relates the political and historical context behind some of the more important case law in a variety of different […]

U.S. Attorney General Holder Vacates Problematic and Unjust Silva-Trevino Decision

On April 10, 2015, then-Attorney General Eric Holder issued a legal decision that, while only five pages, will have immense consequences for noncitizens facing deportation as a result of prior criminal convictions. The opinion reintroduces stability and clarity to immigration proceedings by vacating (setting aside) an earlier opinion by former Attorney General Michael Mukasey, who […]

‘If we want people to come the legal way, we have to clean up our act’: Part II of The Migrationist’s one-on-one with the UN’s independent expert on the human rights of migrants

Earlier this week we posted Part I of our interview with François Crépeau, the United Nations Special Rapporteur on the Human Rights of Migrants. Crépeau is also the Hans & Tamar Oppenheimer Professor in Public International Law at the Faculty of Law of McGill University in Montreal, Canada, where his research focus includes migration control mechanisms […]

What We Need to Learn from the Tragedy in the Mediterranean: The Migrationist talks one-on-one with the UN’s independent expert on the human rights of migrants

In his day job, François Crépeau is a teacher and researcher. As the Hans & Tamar Oppenheimer Professor in Public International Law at the Faculty of Law of McGill University in Montreal, Canada, he researches and writes about migration control mechanisms, the rights of foreigners, the conceptualization of security as it applies to migrants, and […]

U.S. Immigration Courts Stretched to Breaking Point, With No Relief in Sight

With a greater number of cases awaiting adjudication than ever before, there is a due process crisis in U.S. immigration courts.  While challenges within the system have been growing for years, recent systemic changes implemented after the arrival of record numbers of Central American children last year have only exacerbated existing problems.  It is unclear […]

Love, Lies and Borderlines

Many years ago, a friend in Europe told me her brother was about to commit marriage fraud. Only we would never have called it that. We were in our 20s and thought it compassionate and noble, not fraudulent, that a gay man was marrying a straight female friend to secure her status in a certain […]

Protections for Abused, Abandoned, and Neglected Children Are At Risk, Again

Juan journeyed to the United States from his native El Salvador at the age of 13 after experiencing years of familial neglect and threats from armed gang members.  When Juan was an infant, his father abandoned him and his mother, claiming that Juan was not his son and refusing to have any further contact with […]