The Role of Hospitable and Inhospitable States in the Process of Refugee Resettlement in the United States

Although the resettlement of refugees is always politically contentious in host countries, the current global refugee crisis has only magnified those contentions. In the United States and in many European countries there has been a strong backlash against the resettlement of refugees particularly those from Muslim majority countries. However, within countries such as the U.S. there are areas of the country that are more anti-refugee than others. The purpose of this paper is to explore the variation in refugee resettlement across the fifty U.S. states from 2002-2010. Refugee resettlement in the U.S. is done in conjunction with the federal government, religious and secular non-profits, and state governments. Some states are far more hospitable to refugee resettlement than others and this paper explores the political, economic and social factors that influence the number of refugees resettled in each state. We find that states with a moralistic political culture resettle the most refugees but more liberal states do not resettle more refugees than conservative states. Also, states with a better quality of life resettle more refugees but so do states with higher poverty rates

Suffer the Little Children to Come: The Legal Rights of Unaccompanied Alien Children under United States Federal Court Jurisprudence

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary departure, during asylum proceedings, when rearrested after release, and while released pending immigration proceedings. According to the US federal courts, the government must grant unaccompanied minors procedural due process if it denies their release to the custody of an available and willing legal custodian. Case law examining the rights of UAC prior to voluntary departure emphasizes the need to grant them the opportunity to consult with a responsible adult, including a lawyer from a free legal services list that should be provided to them. Federal courts have also tackled various procedural issues concerning asylum claims filed by UAC. These include the right of third parties to custody of the unaccompanied minor, the minority age at the time of the asylum application, and the right of UAC to request consent for a state juvenile court’s jurisdiction prior to applying for Special Immigrant Juvenile status. In removal proceedings against UAC, federal courts have elaborated on the scope and meaning of the right to counsel and the right to a bond rehearing upon their rearrest because of allegations of gang membership. Finally, federal courts have also examined issues concerning the rights of UAC while detained in ORR facilities and while in US territory. These include the right of an unaccompanied alien child to terminate a pregnancy while in ORR custody and the right not to be subjected to physical and sexual abuse while placed in a detention facility

Convenience Theory of Cryptocurrency Crime: A Content Analysis of U.S. Federal Court Decisions

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources that helped them perpetrate fraud through the following mechanisms: (1) operation of front companies; (2) relationship building by defendants; (3) over representing profits that investors would obtain from purchases of virtual currencies, representing that tokens were safe and reliable investments when they were risky, and overestimating abilities and capacities to provide services promised to investors in securities fraud; (4) breaching fiduciary duties to their clients and corporate stockholders by misappropriating profits for their own personal gain; and, (5) engaging in dark web transactions that guaranteed anonymity. Defendants also employed various neutralization techniques to justify their crimes

Benched Justice: How Judges Decide Asylum Claims and Asylum Rights of Unaccompanied Minors

This book delves into the complex and often politicized world of asylum claims and asylum rights of children seeking sanctuary in the United States. This eye-opening book asks two vital questions: do immigration judges base their asylum decisions on more than just the law, and how have federal courts responded to executive policies and programs that significantly affect the rights of these minors? With over 12,000 immigration court decisions and 200 federal court cases as its backbone, this book uncovers how both legal and political factors shape the fate of children seeking asylum. The findings reveal that while political factors do influence the decision-making process, courts still strive to protect the legal rights of unaccompanied minors, pushing back against some of the more harmful and legally dubious immigration policies pursued by various Presidential administration This book is a must-read for anyone seeking to understand the intricacies of asylum claims and asylum rights of unaccompanied minors in the United States.-From Publisherhttps://digitalcommons.tamusa.edu/crim_books/1000/thumbnail.jp