# Immigration and Refugee Law
63 Va. J. Int’l L. 497 (2023) ♦ Note
Disparities in Queer Asylum Recognition Rates on the Basis of Gender: A Case Study of Australia and New Zealand
Using an approach based on intersectionality theory, this Note tests whether a difference in asylum recognition rates exists in Australia and New Zealand at the first appeals level. Through compiling an original dataset of judicial decisions and performing logistic…
JAKE MARKS MILLMAN
61 Va. J. Int’l L. Online 1 (2020) ♦ Online
Refoulement as a Corollary of Hate: Private Actors and International Refugee Law
While researchers in the field of refugee studies have set out to influence the policy decisions of host states, the reverse situation, where a host state’s policy decisions have shifted refugee movements, has been little discussed. With the increasing incidence…
ISHITA CHAKRABARTY
60 Va. J. Int’l L. Online 75 (2020) ♦ Online
Family Separation as Deterrent: Affected Refugee Rights in International Law and Remedies
A central pillar of Donald Trump’s presidential campaign was to make the United States’ already inhospitable immigration system even less accessible to refugees and migrants. This policy has most notably been implemented by two policies of family separation…
GUUS DUINDAM
57 Va. J. Int’l L. 539 (2018) ♦ Article
Refugees Misdirected: How Information, Misinformation, and Rumors Shape Refugees’ Access to Fundamental Rights
The global refugee regime represents one of the few generous commitments governments offer to outsiders. Indeed, few persons fleeing armed conflict actually claim international protection upon first arriving in Europe, even though the benefits of legal protection…
MELISSA CARLSON, LAURA JAKLI, & KATERINA LINOS
57 Va. J. Int’l L. 591 (2018) ♦ Article
Detaining Non-Citizens: Political Competition and Weak v. Strong Judicial Review
Outside the United States, many constitutional scholars have noted the rise of ‘weak’ or weakened models of judicial review, which give legislatures broad powers to determine the (final) scope and meaning of constitutional norms. Yet, the normative attractiveness of…
ROSALIND DIXON & BRIGID MCMANUS
57 Va. J. Int’l L. 383 (2018) ♦ Article
Weathering the “Perfect Storm:” Welcoming Refugees While Protecting the United States at Home and Abroad
It is both an immense privilege and a daunting challenge to address the current prospects of the United States’ continued indispensable role in the “liberal international order” as a global leader in security, economic, and political matters. Given that many national…
PETER VINCENT
62 Va. J. Int’l L. 499 (2022) ♦ Article
Advancing Disability Rights-Based Refugee and Asylum Claim
Persons with disabilities are among the most marginalized groups in the world and they experience heightened rates of human rights abuses. Languishing at the “vanishing point” of international law, this population has long struggled to access international…
JANET E. LORD, ELIZABETH HEIDEMAN, & MICHAEL ASHLEY STEIN
60 Va. J. Int’l L. 651 (2020) ♦ Article
The Methodology of Immigration Law
The development of immigration law as a legal branch of its own allows for a deeper investigation into the underlying methodologies of this field. For the most part, immigration law is methodologically individualistic, emphasizing measures taken with respect to…
TALLY KRITZMAN-AMIR
60 Va. J. Int’l L. 156 (2019) ♦ Article
Checking Rights at the Border: Migrant Detention in International and Comparative Law
Human rights laws, both international and domestic, present a challenge to the sovereign rights of states. The right to determine who may enter a state is one of the fundamental attributes of sovereignty. Under international law, however, states cannot return a…
JILL I. GOLDENZIEL
57 Va. J. Int’l L. 575 (2018) ♦ Article
Country-Specific Investments and the Rights of Non-Citizens
In a 2007 article, Adam Cox and Eric Posner developed a “Second Order” theory of immigration law that offered predictions about when countries are likely to provide noncitizens with strong legal protections from removal. They argued that states benefit…
ADAM S. CHILTON & ERIC A. POSNER
57 Va. J. Int’l L. 708 (2018) ♦ Article
The Rights of Aliens under the United States Constitution: At the Border and Beyond
The constitutional rights of aliens outside the United States make themselves known more by their absence than by their presence. Claims to such rights appear in judicial decisions usually to be denied and rarely to be granted. Only a few such rights exist at all for aliens…
GEORGE RUTHERGLEN