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The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review
The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review
Michigan Law Review
Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.
The Endless Debate: Refugees Law And Policy And The 1980 Refugee Act, Kenneth D. Brill
The Endless Debate: Refugees Law And Policy And The 1980 Refugee Act, Kenneth D. Brill
Cleveland State Law Review
Refugee policy and law have developed largely in an ad hoc manner, as the nation has responded to crises around the world with both altruism and political self-interest. Against the foreground of refugee and asylum claims by unfortunate individuals there has been an unending struggle among the three branches of the United States government to make the rules for handling these claims. Part II discusses the way refugee policy became a weapon in the Cold War and the formal abandonment of that approach with the adoption of the 1980 Refugee Act. Part III contains an analysis of the claims of …
U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher
U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher
Articles by Maurer Faculty
Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …