Deconstructing and Reconstructing Rights for Immigrant Children

Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as inimitable rights holders possessing unique positive rights. Yet, in U.S. immigration law, children are still most often seen as illegal migrants and their status as alien is continually prioritized over their status as children. With a few notable exceptions, immigration law has been stagnant to adopt dynamic models that incorporate rights models that are informed by the developmental needs of children. This Article contributes to the much-needed discourse about how children’s rights should be understood and realized in immigration law. Unlike other areas of the law, U.S. immigration law still affords no legal distinction between children and adults when adjudicating potential forms of relief. Procedurally there are no compulsory child specific accommodations for immigrant children, as there are in family or juvenile court. Moreover, children are held to the same credibility and evidentiary burdens as adults. This Article concludes that international human rights law, specifically the Convention on the Rights of the Child, articulates a workable, comprehensive, framework of children’s positive (or welfare) and liberal rights that can and should be implemented in U.S. immigration law. Specifically, immigration law must at a minimum prohibit the return of a child to a country where the child would face irreparable harm; permit children when appropriate to petition for immigration relief on their own behalf; provide experts trained in child welfare and immigration law to assess the best interests of the child; and provide free legal counsel to children facing deportation

My Turn: Halting Refugee Admissions is Misguided

Article excerpt: In the aftermath of terrorist attacks in Paris, state governors from more than 25 states, including the governor of my state, New Hampshire, have stated that they are shutting down their borders and not allowing Syrian refugees to live in their states. While their pronouncements carry no legal weight, because state governors don’t have the authority to decide whether to admit refugees into the United States (that is the president’s prerogative), they are misguided and morally reprehensible

Seek Justice, Not Just Deportation: How to Improve Prosecutorial Discretion in Immigration Law

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to be one more akin to criminal prosecutors with a concomitant obligation to seek justice. Others have argued that DHS prosecutorial discretion should be subject to notice and comment rulemaking and a presumption of judicial review. However, if prosecutorial discretion is to remain a solidly executive branch prerogative to counter legislation painted with too broad a brush (a defect of almost all legislation) and a mechanism to prioritize individuals for deportation, such as violent repeat criminal offenders, it should be shielded from rulemaking and a presumption of judicial review

Obama\u27s Failed Attempt to Close Gitmo: Why Executive Orders Can\u27t Bring About Systemic Change

[Excerpt] “In the lead up to the 2008 Presidential election, there was broad bipartisan support for closing the detention facility at Guantanamo Bay. President Bush was quoted as saying, “I’d like it to be over with.” John McCain and General Colin Powell echoed similar sentiments for ending detention at the naval base. In addition to prominent Republicans calling for closure, public opinion began to support finding alternative solutions for prisoners held at Guantanamo Bay. Barack Obama wasted no time once sworn into office executing his central campaign promises. On January 22, 2009, two days after becoming the forty-fourth President of the United States, Obama signed three executive orders in the presence of sixteen retired admirals and generals in the Oval Office. These orders (1) suspended military commissions; (2) set a timetable and created procedures to shut down the Guantanamo Bay detention facility; (3) revoked all existing executive orders that were inconsistent with U.S. Geneva Convention treaty obligations concerning interrogation of detained individuals; and (4) created a task force to review U.S. detention policy options and U.S. interrogation techniques. With the public backing its shutdown, prominent Republicans and Democrats alike calling for its closure, and the President’s executive orders creating the framework and timeline for implementation, the end of U.S. detentions at Guantanamo Bay seemed a fait accompli. Yet, in 2011, Guantanamo Bay continues to operate and currently houses approximately 180 post-9/11 detainees who have not been tried for any crimes. This essay asks: Why, what happened?

Getting Kids Out of Harm\u27s Way: The United States\u27 Obligation to Operationalize the Best Interest of the Child Principle for Unaccompanied Minors

The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS attempts to establish which children may have an available sponsor in the United States to be released to and initiates removal proceedings against each child without valid immigration status. The only protections for these children are discrete and narrow forms of immigration relief. Such relief depends on if someone such as an attorney identifies the available relief and assists the child with the application process. Yet, children are not entitled to government-funded counsel and must proceed before an immigration judge alone. For other children there is no available immigration relief; but they have witnessed unspeakable horrors and have been the victims of violence and abuse, yet there is no answer to their calls for help. They are not simply migrants crossing international borders; they are emblematic of an international humanitarian crisis rapidly unfolding in Central America. The current crisis on the border has underscored the profound structural deficiencies in our federal agencies to meet the needs of unaccompanied immigrant children – as children. This essay contributes to the ongoing discussion on how to best handle the surge of unaccompanied minors crossing the southern border this summer. Specifically, the essay argues that the United States must provide a solution that both keeps the children in need of international protection out of harm’s way, and is grounded in international human rights law and practice. The best interest of the child principle must be operationalized in all U.S. government responses for children through a congressionally created interagency “Child Protection Corps.” Further, U.S. immigration protections need to flexible enough to create an avenue for a child to remain in this country, if it is not in the best interest for the child to return to his or her home country. Specifically, DHS should consider exercising its administrative prerogatives such as prosecutorial discretion and humanitarian parole to provide children in need of protection with a safe haven. Overall, this essay seeks to specify discrete steps for Congress and the executive branch to take in addressing significant structural gaps in the federal government’s capacity to provide for the best interest of each child in need of international sanctuary

Bypassing Civil Gideon: A Legislative Proposal

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund. Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund. Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund. Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund. Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund. Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional right to government-paid counsel. This tactic has repeatedly failed. This Article, however, explores an alternative strategy -- expanding immigrants’ access to qualified and trained nonlawyer representatives. Increasing access to these accredited representatives would provide immigrants with accurate counsel and advice about the availability of immigration relief; reduce backlog and delay in the immigration agencies; and ensure the individual has a competent advocate demanding fair adjudication of his or her application for immigration relief. In order to accomplish these objectives, the Article puts forth a federal legislative proposal on how to expand the current number of nonlawyer representatives so that every indigent immigrant in need of representation is guaranteed a government-funded representative; creates an interagency taskforce to investigate and federally prosecute individuals who are defrauding immigrants; and makes engaging in the unauthorized practice of law a federal crime. The proposal also provides a plan for funding this new initiative including establishing a dedicated immigrant victim rights fund

Evaluation of current methods for processing bloody fingerprints on non-porous substrates exposed to various contaminants

Blood is a common type of medium with which patent fingerprints are deposited at crime scenes. Chemical enhancements are generally used on bloody fingerprints when some type of pattern is visible but ridge characteristics are not sufficiently defined to make the print suitable for comparison. Motor vehicles, which may be associated with crimes scenes or forensic investigations, can be exposed to a variety of contaminants from the environment, including mud, salt, pollen, dust and motor oil, as well as from the application of chemicals to protect the paint such as car wax and car polish. It is unknown if these contaminants in combination with the chemicals used to enhance bloody impressions or in combination with the blood itself, could impact the enhancement of bloody impressions found on vehicles. This study seeks to assess the effectiveness of a selection of blood enhancement methods in the presence of such contaminants. Three of the four enhancement chemicals that were tested, Amido Black, Hungarian Red, and Leucocrystal Violet, were determined to be similarly effective for the enhancement of bloody friction ridge patterns applied to the surfaces of contaminated glass and metal substrates

CoopeTárcoles, Costa Rica. Equator Initiative Case Study Series

The artisanal fishers of the community of Tárcoles, located in the Gulf of Nicoya on the Pacific coast of North America (Central America)-Costa Rica; faced declining fish stocks due to a combination of overharvesting by commercial shrimp boats and unsustainable local fishing practices. At the same time, development of the tourism sector along the coast threatened to restrict access to the shore and to marginalize their work. The local fishing cooperative Coope Tárcoles R.L. was founded in 1985 to confront these twin threats. At the forefront of these efforts has been the development of fishing bylaws that stress sustainable practices, enshrined in the community's 'Code of Responsible Fishing'. In partnership with CoopeSolidar R.L., the initiative launched a sustainable and community-based ecotourism venture in 2007 to provide an alternative source of income for local residents. In 2009, meanwhile, the group was successful in gaining approval of a community-managed marine area

Architecture: An Introspective Look at the Pedagogical Culture

In North America, to become an architect, students must acquire a wide range of knowledge, create designs in studio, and spend some time working in an architecture firm. There are various lessons that they need to learn, and techniques that they develop through their education that combine to give them the necessary skills to write their professional exams. However, the education of an architect is not a process that is simple or straight-forward, and there are a series of other elements that, combined with this basic knowledge, ultimately create contemporary architects. Qualities like individual development, experience, emotional response, personal attitudes, and behaviours are not elements that are going to show up in any architecture school’s brochure, but their effect on the student is just as important as the knowledge that he or she will require to practice. To date, pedagogical inquiry into architecture seems to take two views: either looking at educational techniques and courses; or focusing on the detrimental symptoms of the less-tangible elements mentioned above. This thesis will bridge these two areas by researching the educational process and combining this knowledge with the important but more subjective areas of individual development. Through this study a clearer understanding of the profession will emerge, creating an opportunity for it to improve in the future