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Articles 1 - 7 of 7
Full-Text Articles in Law
Immigration And Naturalization Law, Johanna K.P. Dennis, Et Al.
Immigration And Naturalization Law, Johanna K.P. Dennis, Et Al.
Publications
This article summarizes developments in immigration and naturalization law during 2011.
"Mommy, Where Is Home?": Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, Johanna K.P. Dennis
"Mommy, Where Is Home?": Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, Johanna K.P. Dennis
Publications
This Article discusses whether the parent's time in residence and date of admission (immigration status) should be imputed to an unemancipated minor; the two recently decided U.S. Supreme Court cases addressing this issue; the policy implications and impact of an imputation rule on undocumented children; and the impetus and potential vehicles for changing the status quo.
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz
Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz
Publications
The purpose of this article is to suggest a new lens through which to examine the crisis in immigration courts: judicial ethics. Ethical considerations frequently play a decisive role in the resolution of immigration cases, in part because the outcomes for litigants in immigration courts can depend almost entirely on the attitude of the judge. Accordingly, the acknowledged crisis in immigration courts has severe implications for judicial ethics. Because the term "judicial ethics" encompasses a broad array of principles, this article will narrow its focus to bias and incompetence on the part of immigration judges in the courtroom. Part II …
United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger
United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger
Publications
The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features of …
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Publications
No abstract provided.
Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum
Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum
Publications
Use of deadly force by the U.S. Border Patrol (and other immigration officers) and other forms of violence against border-crossing migrants has captured the attention of the agency's leadership, although the response remains equivocal and erratic. In 1993, the then Acting Commissioner of the Immigration and Naturalization Service (INS) pledged to aggressively pursue[ ] claims of misconduct and strictly adhere to investigative and disciplinary procedures. However, the INS stopped short of endorsing changes in complaint review procedures, such as the call for civilian oversight.
A decade has passed since the U.S. Commission on Civil Rights identified serious problems in the …
The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Publications
After more than a decade of debate, the United States Congress enacted the omnibus Immigration Reform & Control Act of 1986 (IRCA), which ushered in a period of "legalization" or adjustment of status to allow undocumented aliens "to emerge from the shadows."
Part I of this article explores the rationale of the legalization program, the experience of other countries in encouraging applications for their respective "amnesty" or "regularization" programs, and the components of the American approach designed to maximize participation through massive outreach and broad confidentiality.
Part II examines the Immigration and Naturalization Service's (INS) strict construction of the IRCA …