July 28, 2021

IMMIGRATION, REFUGEE & CITIZENSHIP LAW eJOURNAL, Vol. 22, No. 44

Edited by Kevin R. Johnson

Table of Contents

"The Danger of Dissent: A Century of Targeting Immigrants"

-Lenni Benson, New York Law School

"The Impact of International Scientists, Engineers, and Students on US Research Outputs and Global Competitiveness"

-Sarah Rovito, Rovito Ventures LLC
-Divyansh Kaushik, Carnegie Mellon University
-Surya D Aggarwal, NYU Langone Grossman School of Medicine

"Sentencing and the Scope of Deportation in Nigeria"

-Alfred Oluropo Filani, Ekiti State University
-Raphael Abiola Olowookere, Independent

A Lineage of Family Separation

-Anita Sinha, American University - Washington College of Law

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"The Danger of Dissent: A Century of Targeting Immigrants"  
New York Law School Law Review, Vol. 65, No. 2, 2021

LENNI BENSON, New York Law School
Email: Lenni.Benson@nyls.edu

Introduction and article discussing 2019 Symposium on the anniversary of the Department of Justice raids that targeted immigrant activists. The article also discusses the contemporary attacks on immigrants who are seeking reforms or are critics of government.

"The Impact of International Scientists, Engineers, and Students on US Research Outputs and Global Competitiveness"  

SARAH ROVITO, Rovito Ventures LLC
Email: smr32@alum.mit.edu
DIVYANSH KAUSHIK, Carnegie Mellon University
Email: dkaushik@cs.cmu.edu
SURYA D AGGARWAL, NYU Langone Grossman School of Medicine
Email: surya.aggarwal@nyulangone.org

International scientists and researchers have made, and continue to make, innumerable and immense contributions to the United States’ science and engineering research enterprise. This source of talent is a comparative advantage for the U.S. and is critical for keeping the nation at the leading edge of discovery and knowledge. This paper quantifies and reaffirms the impact of international scientists and scholars, who serve as a vital source of talent fueling American leadership in innovation and ingenuity. Bolstering measures to attract and retain top students from across the globe and fostering a culture where immigrants are welcome and can thrive is imperative for the continued success of our society and economy.

"Sentencing and the Scope of Deportation in Nigeria"  
Global Journal of Politics and Law Research 2021, Vol.9, No.5, pp.1-14

ALFRED OLUROPO FILANI, Ekiti State University
RAPHAEL ABIOLA OLOWOOKERE, Independent

This paper examined the scope of deportation within the deterrent framework of Nigerian Criminal Justice System. Various legal provisions for its operation and judicial attitudes were discussed. The paper equally examined various acts of internal deportation carried out by the Executive Arm of Government with impunity, against the poor and proffered lasting solutions to the problem.

"A Lineage of Family Separation"  
Brooklyn Law Review, Forthcoming

ANITA SINHA, American University - Washington College of Law
Email: asinha@wcl.american.edu

Family separation is a practice rooted in U.S. history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, one must follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the U.S.-Mexico border under zero tolerance, this Article identifies narratives from colonial times to the present that consistently rely on racism, xenophobia, and paternalism to justify a practice that otherwise is extreme in its inhumanity.

These justification narratives are juxtaposed with counter-stories that resist and challenge the separation of families, including by humanizing those impacted and articulating the profound harm it causes to children, parents, and communities. These stories have been told through first-hand narratives, Congressional testimonies, research studies, media reports, and facts and allegations in lawsuits. Narratives describing the harm caused by separating families are a powerful element of putting the practices to an end. The historical record suggests that these narratives have typically gained potency in specific socio-political contexts that rendered them compelling enough to overcome the justifications for specific family separation policies.

Although these practices were brought to an end, systemic reform has been elusive. In the case of Indigenous family separation, legislation enacted to cease the practice failed to bring about substantial change, and has been diluted by persistent legal challenges. Historical family separation practices against enslaved and immigrant families have been replaced with systems that separate families for prolonged times or permanently. These include the present-day U.S. criminal legal and immigration systems, where the government separates children from their parents on a substantial scale as a collateral consequence of mass incarceration and widespread detention and deportation, with little to no scrutiny. The outrage that ended zero tolerance has not extended to these ongoing examples of family separation. In order to meaningfully address these practices, counter-stories urging the valuation of family integrity must be aligned with a societal will to challenge systems that, through racialized justifications, continue to separate mostly marginalized children from their parents.