Law Commons^™

When We Cannot Deport, Is It Fair To Detain?: An Analysis Of The Rights Of Deportable Aliens Under 8 U.S.C 1231(A)(6) And The 1999 Ins Interim Procedures Governing Detention, Daniel R. Dinger

BYU Law Review

No abstract provided.

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

Introduction: The Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen

Indiana Journal of Global Legal Studies

No abstract provided.

Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns

Indiana Journal of Global Legal Studies

No abstract provided.

The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger

University of Miami Inter-American Law Review

No abstract provided.

Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris

University of the District of Columbia Law Review

No abstract provided.

Trends. Discretion, No Discretion: Travails Of The Immigration And Naturalization Service, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the political reaction to actions of the United States Immigration and Naturalization Service, and the role of 'discretion.'

Jerusalem Policy Makes No Sense, Kenneth Lasson

All Faculty Scholarship

Born recently in Jerusalem, this tiny apolitical person has just arrived in Baltimore from Israel with his proud parents, a journey that required him to have an American passport. All went smoothly at the U.S. consulate in East Jerusalem until I asked the woman processing the forms why there was no country listed after "Jerusalem" on the passport application.

In 1948, President Harry Truman, ignoring strong objections from the State Department, enabled the United States of America to become one of the first countries to recognize Israel. Jerusalem has always been Israel's capital. All U.S. embassies are situated in the …

Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson

Buffalo Public Interest Law Journal

No abstract provided.

Trends. Psychologies Of Immigration: The Illegal Immigration Reform And Immigrant Responsibility, Ibpp Editor

International Bulletin of Political Psychology

This article discusses illegal immigration and immigration reform, as well as the psychological reasoning behind the laws.

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman

University of Miami Inter-American Law Review

No abstract provided.

Secret Evidence Repeal Act Of 1999, Part 2: Hearing Before The H. Comm. On The Judiciary, 106th Cong., May 23, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.

The workshop examined key issues …

Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil

Georgetown Law Faculty Publications and Other Works

Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …

Secret Evidence Repeal Act Of 1999, Part 1: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Feb. 10, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Democratic Transitions And The Future Of Asylum Law, Peter Margulies

Law Faculty Scholarship

The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …

Immigrant Visa Distribution: The Case Of Mexico, Bernard Trujillo

Bernard Trujillo

No abstract provided.

Aren't You Latino: Building Bridges Upon Common Misperceptions, Victor C. Romero

Journal Articles

This article addresses minority on minority oppression and itragroup animosity. The author discusses ways in which communities of color can use common misperceptions to their advantage as a bridge to building a larger community.

The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero

Journal Articles

This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …

U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Immigrant Visa Distribution: The Case Of Mexico, Bernard Trujillo

Law Faculty Publications

No abstract provided.

The Alienation Of Fathers, Linda Kelly

Michigan Journal of Race and Law

By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.

Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel

Faculty Scholarship

I. Introduction ...................................................................................................... 2 II. International Legal Framework and the Palestinian Refugees .................... 9 A. The International Scheme of Refugee Protection and Protection of Stateless Persons .................................................................................................... 9
B. The Regime for Protection of Palestinian Refugees - Three Provisions and Three Agencies ......................................................................... 16
C. The Standard Interpretation of the Provisions Applying to the Status of Palestinian Refugees and Stateless Persons, and their Ramifications ........................................................................................................... 22
D. Reinterpreting the Provisions Based on Plain Language ....................... 27
E. Reinterpreting the Provisions in Light of the Drafting History and their Scope and Purpose ..................................................................................... 31 III. Durable Solutions and Palestinian Refugees ........................................... …

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin

The Scholar: St. Mary's Law Review on Race and Social Justice

Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994.  Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …