Human Rights – Juris

9th Circuit Court Of Appeals Upholds Ban On President Trump’s Attempt To Repeal DACA

December 2, 2018 Isabella Caracta 0

Summary: In 2017, the Acting Secretary of Homeland Security, Elaine Duke, issued a memorandum rescinding the memo that established DACA and setting forth a plan to phase it out. Recent rulings, however, have upheld the DACA program, creating legal barriers to the Trump Administration’s attempt to end it. In 2012, the Obama Administration authored an Executive Branch Memorandum more commonly referred to as DACA, which stands for the Deferred Action for Childhood Arrivals. This memorandum was previously entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” and was issued by the then Secretary of Homeland Security, Janet Napolitano. Despite the fact that Congress rejected the program on multiple occasions during the normal legislative process, DACA created a non-congressionally authorized administrative program permitting “certain individuals who came to the United States as juveniles and meet several criteria…to request consideration of deferred action for a […]

Forced Internment of Uighurs in Xinjiang, China

November 27, 2018 Chloe Meyers 0

In Xinjiang, the north-west region of China, up to one million Uighurs are being detained in internment camps that have been legally recognized as legitimate re-education camps by the Chinese government. Uighurs are a predominantly Turkish speaking and Muslim minority in Xinjiang. Since the implementation of an anti-terrorist campaign in Xinjiang in 2014, the number of Uighurs arrested and detained has increased substantially and continues to grow. Although the existence of these internment camps was initially denied by the Chinese government, the government now recognizes and legitimize the camps as “vocational skills and educational training centers” through updated legislation. This new form of legal recognition and substantiation for the region of Xinjiang’s actions marks a shift in the Chinese government’s attitude towards the camps, suggesting a sense of ownership rather than shame. Yet, the U.S. Congressional-Executive Commission on China calls these camps “the largest mass incarceration of a minority population […]

The Complex Nature of US Evacuation Laws

November 26, 2018 Jacob Turobiner 0

Summary: While every state has laws regarding mandatory evacuation policy, it is usually up to the citizen whether or not to follow an order. Introduction Every year, natural disasters force millions of people across the United States to flee dangerous conditions. So far in 2018, many evacuations have been coast to coast, with most coming from hurricanes and fires. For example, government officials ordered over 1 million people to evacuate before Hurricane Florence made landfall in North Carolina on September 14, 2018. Even more recently, wildfires across California have displaced hundreds of thousands across the state. While most citizens in high-risk areas adhere to evacuation orders from state and local governments, there will always be those who ignore them. In low-risk areas where evacuations are rare, people are far less likely to evacuate since, for some, the danger is unimaginable due to a long, positive living experience. The federal government […]

Plyler v. Doe: Undocumented Students and Post-Secondary Education

November 13, 2018 Isadora Toledo 0

Summary: Plyler v. Doe lay the groundwork for states to recognize the value of awarding education to every group, regardless of citizenship status. Yet the evolution of education means that over thirty years later, its shortcomings are impossible to ignore. Perhaps even from its conception, American society has recognized the value of education. Over a decade ago, Chief Justice Warren regarded education as “perhaps the most important function of state and local governments” – a “right which must be made available to all on equal terms.” In a country whose history is fraught with battles for liberty, various marginalized groups – from indigenous peoples to Latinx communities – have struggled to claim this right. And for many, specifically undocumented immigrants, the struggle continues. As immigration and naturalization policies increasingly come to conflict with education, questions of who deserves what and why are brought to the forefront. Although the struggle for […]

East Bay Sanctuary Covenant v. Trump: The Legality of President Trump’s Asylum Ban

November 13, 2018 Ellen Wang 0

Summary: Civil rights groups have filed a federal lawsuit on behalf of East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and the Central American Resource Center in Los Angeles that challenges the asylum ban signed by President Trump on the morning of November 9th. This lawsuit charges the Trump administration for violating the 1965 Immigration and Nationality Act, as well as the 1946 Administrative Procedure Act. President Trump’s invocation of national security powers could overhaul long-standing asylum laws that would lead to the deportation of thousands of refugees seeking protection from persecution. Less than six hours after President Trump signed a proclamation preventing immigrants who illegally enter the U.S. from applying for and receiving asylum, civil rights groups began legal recourse. The American Civil Liberties Union, Southern Poverty Law Center, and Center for Constitutional Rights filed a complaint in the US. District Court for the Northern District […]

Social Media Privacy in Employment

November 6, 2018 Jacob Turobiner 0

Summary: As more employers use social media to evaluate a job candidate, it is raising questions of privacy rights of employees across various states. Background For years, job applications have been comprehensive, with employers requiring a plethora of information from the candidate. In the digital age, employers have access to a treasure trove of personal information: social media. It has become common practice for employers to look into one’s social media records. In 2008, about 34 percent of employers used social media in the hiring process. By 2013, this percentage jumped to 77 percent. A simple Google search can provide a mountain of information about someone–good and bad. It is entirely legal for an employer to do online research on a job candidate, however, an employer could go further and infringe on privacy rights. These types of laws vary greatly between states. What an Employer Can Do There is no […]

The Supreme Court’s Ability to Enforce Rulings

November 1, 2018 Gramal Ralph 0

Summary: The Supreme Court’s move to the right has raised questions of the Court’s ability to enforce its rulings. To many Americans, the confirmation of Justice Brett Kavanaugh marked the Supreme Court’s move to the ideological right. The country is wondering how this will affect rulings on landmark issues such as abortion, religious liberty, the rights of the LGBTQ community, and more. Americans have long looked at the Supreme Court as an authority to protect the people from unconstitutional executive actions, laws, and statutes. It is often seen as the last line of defense to protect civil liberties. However, the Constitution does not establish a basis for the court to enforce its decisions. In early American history, the Court’s role in government was unknown. The Constitution, in Article III: sections one and two, establishes the Supreme Court as the highest court in the land. It was not until 1803, that […]

Swartz v. Rodriguez: A Question of Qualified Immunity

November 1, 2018 Phil Ma 0

Summary: U.S. government officials sometimes must make discretionary decisions in split-seconds with only limited information. To protect these officials from personal, civil lawsuits, the idea of qualified immunity was born. However, questions are raised when a discretionary decision kills someone who is not a citizen and it occurs outside of US territory. These are the questions that Swartz v. Rodriguez seeks to answer. Background In October 2012, Lonnie Swartz, a U.S. border patrol agent, shot and killed 16-year-old Mexican national Jose Antonio Elena Rodriguez. He was shot approximately 10 times through the border fence that separated the United States and Mexico, all entering the body from behind. Agent Swartz was standing within the United States during the shooting and Mr. Rodriguez was wholly in Mexico. Swartz claimed that the deceased, referenced as J.A. in court documents, threw rocks at him; however, the First Amended Complaint submitted to the courts claim […]

The 13th Amendment Exclusion Leads To Modern Day Slavery

October 30, 2018 Ellen Wang 0

Summary: U.S. inmates stage nationwide prison strikes over the 13th Amendment loophole that allows for the exploitation of coerced prison labor. A hundred and fifty years after the end of the Civil War, the legality of slavery is still up for debate. Though the U.S. Constitution was amended to prohibit the existence of both slavery and involuntary servitude in the U.S., it left a very large loophole for people who are convicted of crimes – a loophole that affects 2.3 million Americans today. The 13th Amendment, ratified in 1865, states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This sharp exception makes it clear that incarcerated persons don’t have constitutional rights under the 13th Amendment – they can be compelled to work for as little as […]

Malaysia to Abolish Death Penalty

October 30, 2018 Eliza Farley 0

Malaysia’s Chief Minister announced on October 3rd, that the nation will abolish the death penalty for all crimes, and will nullify all pending executions. This comes after a push from human rights activists and organizations, including but not limited to Amnesty International. Malaysia has been known for keeping their death row prisoners in the dark about their execution dates as well as the results of their appeals. The country is also notoriously strict about enforcing the death penalty, as it is a mandatory punishment for a wide range of crimes, including charges such as drug possession. In fact, there have been tourists in the country executed for such crimes, despite backlash from western nations. Such an instance occurred in 1986 when two Australian citizens, Kevin Barlow and Brian Chambers, were found with heroin on their person. The harsh Malaysian government had just newly prescribed death for anyone possessing over 15 grams, […]