Category Archives: Immigration

New Article: “Immigrant Neighbors, Workers, and Caregivers in Our Midst: What We Owe Each Other”

New Article: Michael J. Sullivan, Immigrant Neighbors, Workers, and Caregivers in Our Midst: What We Owe Each Other, 95 Tex. L. Rev. 81 (2016).

New Article: “In Defense of the Eligible Undocumented New Yorker’s State Constitutional Right to Public Benefits”

New Article: Steven Sacco, In Defense of the Eligible Undocumented New Yorker’s State Constitutional Right to Public Benefits, 40 N.Y.U. Rev. L. & Soc. Change 181 (2016).  Abstract below:

Under current New York State law, undocumented New Yorkers, (those residing in the U.S. without the federal government’s permission), are ineligible for most state-funded means-tested public benefits, such as Medicaid and Safety Net Assistance. Articles XVII and I of the New York State Constitution nonetheless create a state mandate to provide for the eligible “needy” and ensure equal protection under the law, respectively. This article proposes that, under these state constitutional provisions, financially eligible undocumented residents of New York State possess an affirmative right to receive state-funded public benefits. Policy arguments against this entitlement are unfounded and barriers to enforcement of the right of undocumented New Yorkers to access state benefits are born of politics, not of the law.

Article: Rights and Queues: On Distributive Contests in the Modern State

Article: Katharine G. Young, Rights and Queues: On Distributive Contests in the Modern State, 55 Colum. J. Transnt’l L. 65 (2016).

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique challenge to rights and “rights talk.” In exploring the currency of rights and queues in both political and legal terms, the Article illustrates how participants discuss and contest the right to housing in South Africa, the right to health care in Canada, and the right to asylum in Australia. It argues that, despite its appearance in very different ideological and institutional settings, the political discourse of “queues” and especially “queue jumping” commonly invokes misleading distinctions between corruption and order, markets and bureaucracies, and governments and courts. Moreover, queue talk obscures the first-order questions on which resource allocations in housing, health care, or immigration contexts must rely. By bringing much-needed complexity to the concept of “queues,” the Article explores ways in which general principles of allocative fairness may be both open to contestation and yet supportive of basic claims of rights.

News Article: Immigrants are going hungry so Trump won’t deport them

News Article: Caitlin Dewey, Immigrants are going hungry so Trump won’t deport them, Washington Post (Mar. 16, 2017).

News Article: Ten Examples of Resistance to Government Raids

News Article: Bill Quigley, Ten Examples of Resistance to Government Raids, Huffington Post (Feb. 22, 2017).

New Op-Ed: “How Immigrants Make Communities Safer”

New Op-Ed: Chiraag Bains, How Immigrants Make Communities Safer, The Marshall Project, Feb. 28, 2017.

News Article: “A leaked Trump order suggests he’s planning to deport more legal immigrants for using social services”

News Article: Dara Lind, “A leaked Trump order suggests he’s planning to deport more legal immigrants for using social services,” Vox (Jan. 31, 2017).

News Article: The Travelers Trapped in Horrific Limbo by Trump’s Immigration Order

News Article: Dahlia Lithwick, The Travelers Trapped in Horrific Limbo by Trump’s Immigration Order, Slate (Jan. 29, 2017).

News Coverage: “Trump’s “refugee ban” — annotated by a former top Department of Homeland Security lawyer”

News Coverage: “Trump’s “refugee ban” — annotated by a former top Department of Homeland Security lawyer” VOX, Jan. 30, 2016.

Conference: “Chasing Liberty: Family Detention Symposium”

Conference: “Chasing Liberty: Family Detention Symposium” — UDC David A. Clarke School of Law, Feb. 3, 2017.