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Immigration Law

Selected Works

2011

Immigration

Articles 1 - 8 of 8

Full-Text Articles in Law

Reaping The Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom Nov 2011

Reaping The Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein Jul 2011

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.

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Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs May 2011

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

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A Season Of Change: Reforming The H2b Guest Worker Program, Jayesh Rathod Apr 2011

A Season Of Change: Reforming The H2b Guest Worker Program, Jayesh Rathod

Jayesh Rathod

INTRODUCTION: Each year, as spring and summer arrive, Americans partake in range of seasonal traditions: beautifying their lawns and gardens; enjoying harvests of fresh fruits, vegetables, and seafood; and attending local fairs and festivals. Although these rituals have become part of the American cultural fabric, few know that they are supported by thousands of temporary guest workers who enter the United States each year under the H-2 visa program.' The H-a program allows U.S employers to petition for seasonal agricultural workers (via the H-2A program) and seasonal nonagricultural workers (via the H-2B program) to work in this country on a …

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Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family Feb 2011

Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family

Jill E. Family

The conversation about immigration adjudication has shifted from one detailing shortcomings to one addressing solutions. When formulating solutions, it is important to look beyond any one contributor to the crisis and to promote a holistic view. Recent proposals for immigration adjudication reform acknowledge that fixing the system requires a multi-faceted approach. This article confirms the need for such an approach by showing how one popular cause of the crisis - a lack of decisional independence - only scratches the surface of what ails the immigration adjudication system. Along the way, the article uncovers and evaluates underappreciated crisis contributors.
While decisional …

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Advocating Duress And Infancy Exceptions To The Persecutor Bar To Asylum For Former Child-Soldiers, Joshua Dankoff Jan 2011

Advocating Duress And Infancy Exceptions To The Persecutor Bar To Asylum For Former Child-Soldiers, Joshua Dankoff

Joshua Dankoff

After briefly discussing asylum law, the persecutor bar to asylum, and the 2009 Supreme Court decision Negusie v. Holder, this paper argues that former child soldiers are a unique population of asylum seekers. The article considers the wide use of duress in domestic and international law, and briefly discusses the infancy defense. The article then argues that a lack of duress exception to the persecutor bar for former child soldiers negatively impacts child asylum seekers, and proposes that the Board of Immigration Appeals read in both a duress and infancy exception to the persecutor bar to asylum.

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A Modest Proposal: To Deport The Children Of Gay Citizens, & Etc: Immigration Law, The Defense Of Marriage Act And The Children Of Same-Sex Couples, Scott Titshaw Jan 2011

A Modest Proposal: To Deport The Children Of Gay Citizens, & Etc: Immigration Law, The Defense Of Marriage Act And The Children Of Same-Sex Couples, Scott Titshaw

Scott Titshaw

The Defense of Marriage Act (DOMA), which defines the terms “marriage” and “spouse” for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child relationships. The Immigration and Nationality Act (INA) employs terms like “born in wedlock” and “stepparent” to define parent-child relationships for various immigration and citizenship purposes. One could argue, therefore, that DOMA prevents INA recognition of parent-child relationships stemming from a same-sex marriage. These relationships determine whether a person can …

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Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family Dec 2010

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family

Jill E. Family

Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status.
Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …

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