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Posts tagged immigration law
Analysing Migrant Detention Legal Frameworks: Perspectives from West and Central Africa

By International Organization for Migration (IOM)

This publication entitled "Detention and Migration in West and Central Africa: A Comparative Study" provides a comprehensive analysis of the detention situation in the context of migration across the West and Central African region. Through the Network of Legal Experts on Migration for West and Central Africa (Nolem), an in-depth research is conducted analyzing how 13 countries in the region regulate and enforce detention of migrants in both law and practice. The study delves into whether current laws and practices of migrant detention are consistent with international and regional human rights law and discusses the gaps or violations and identifies good practices. The study also examines the alternatives to detention that are proposed by states. Finally, recommendations are made to states, regional bodies and other stakeholders. The study gives specific attention to providing a gender responsive and child sensitive approach. The study contains country-specific papers drafted by the legal experts shaping the Nolem Network, as well as articles providing and international and regional overview and a comparative analysis. The Nolem Network aims to reshape the migration policy and law landscape in West and Central Africa by strengthening and promoting evidence-based, rights-based and gender-responsive national and regional migration laws and policies throughout the region for lasting positive change.

Geneva, SWIT: International Organization for Migration, 2024. 124p.

Denying Citizenship: Immigration Enforcement and Citizenship Rights in the United States

By Emily Ryo and Ian Peacock

In the current era of intensified immigration enforcement and heightened risks of deportation even for long-term lawful permanent residents, citizenship has taken on a new meaning and greater importance. There is also growing evidence that citizenship denials in their various forms have become inextricably linked to immigration enforcement. Who is denied citizenship, why, and under what circumstances? This article begins to address these questions by developing a typology of citizen denials and providing an empirical overview of each type of citizenship denial. Taken together, the typology of citizenship denials and the accompanying empirical overview illustrate the close connection between immigration enforcement and citizenship rights in the United States

USC CLASS Research Paper No. CLASS19-31, USC Law Legal Studies Paper No. 19-31, 47 pages

Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal

By Emily Ryo and Reed Humphrey

Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to government­appointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have described this situation as an access-to-justice crisis or a representation crisis for immigrant communities. The prevailing wisdom suggests that the solution to this crisis is more lawyers or more nonlawyer practitioners, such as accredited representatives and legal technicians, who can provide affordable and quality legal services. The focus, therefore, has been on the ubiquity of "legal deserts," commonly defined as areas that are in shortage of lawyers, and on ways to increase the supply of legal service providers in the marketplace.

This Article presents an empirical study of legal representation that unsettles this prevailing wisdom by showing why an adequate supply of legal service providers is a necessary, but not a sufficient, condition to address the representation crisis. Our study uses a new and original dataset that we compiled for the purposes of this study on immigration lawyers and non-detained immigrant respondents in removal proceedings. Our findings suggest that although the focus on the supply­side dimension of the representation crisis is important, it obscures other complex sets of barriers to obtaining legal representation that are distinct from the problem of legal deserts. Specifically, our empirical analyses show that whether a non-detained immigrant respondent obtains legal representation is predicted by where they reside, their primary language, and the size of their conational social networks, controlling for the availability of practicing immigration lawyers in close proximity to their places of residence and other potential confounders. In short, we argue that geography, language, and networks are destiny for immigrant respondents when it comes to obtaining legal representation. Thus, addressing the representation crisis requires looking beyond the problem of legal deserts to attend to a variety of other hurdles to obtaining legal representation that are associated with certain geographical, linguistic, and social isolation in which many immigrants live.

101 North Carolina Law Review 787-840 (2023), 54 pages