Law Commons^™

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

Articles

In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Standards Of Proof In Section 274b Of The Immigration Reform And Control Act Of 1986, Carlos A. Gonzalez

Vanderbilt Law Review

On November 6, 1986, President Reagan signed into law the Immigration Reform and Control Act (IRCA), proclaiming it to be the most difficult legislative undertaking in the previous three Congresses. The Act's controversial centerpiece provides for sanctions against employers who knowingly hire, recruit, or refer for a fee undocumented aliens. While these sanctions were heralded as the most comprehensive reform in immigration law in over thirty years, opposition to them in Congress and among civil rights organizations was strong. These groups feared that employers seeking to avoid sanctions would discriminate in employment against Hispanics, Asians, and other ethnically or racially …

An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson

Washington Law Review

This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …

An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson

Washington Law Review

This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …

Aids And Immigration: The United States Attempts To Deport A Disease, Rona Morrow

University of Miami Inter-American Law Review

No abstract provided.

Impact Of The Immigration Reform And Control Act Of 1986 On California Agriculture, Joint Committee On Refugee Resettlement, International Migration, And Cooperative Development

California Joint Committees

No abstract provided.

Toward A Universal Standard: Free Exercise And The Sanctuary Movement, Troy Harris

University of Michigan Journal of Law Reform

This Note will first look at the combination of circumstances and beliefs that compel members of the Sanctuary Movement to break the law. Second, it will examine current free exercise doctrine that may provide first amendment protection to Sanctuary workers, concluding that the cases reflect two parallel, yet incompatible, rationales. Following one line of cases, Sanctuary activity should be protected; following the other line, it should be condemned. Third, this Note will resolve the inconsistency of these rationales by proposing a new universal test for free exercise claims. Fourth, it will explore the details of recent cases involving Sanctuary workers …

Practical Implications Of Ins V. Cardoza-Fonseca: Evidencing Eligibility For Asylum Under The "Well-Founded Fear Of Persecution" Standard, Humberto H. Ocariz, Jorge L. Lopez

University of Miami Inter-American Law Review

No abstract provided.

Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann

Michigan Law Review

This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, …

Leave For Appeal: Departure As A Requirement For Review Of Deportation Orders, Peter J. Spiro

San Diego Law Review

In this Article, Mr. Spiro addresses the congressional amendments to the Immigration Naturalization Act meant to combat the legal maneuvers calculated to defeat the execution of deportation orders. The addition of section 106 was meant to prohibit all appeals of deportation orders under which an alien had already departed the United States. The author analyzes the legislative history of the provision and notes that Congress intended to the departure rule to apply even in more egregious cases of INS misbehavior. The author discusses federal circuit law and finds that neither the rule nor its exception best serve the dual objectives …

Legal Immigration Reform, Alan K. Simpson

San Diego Law Review

In this Article, Senator Simpson discusses Congress's sweeping legislation to control illegal immigration, the Immigration Reform and Control Act of 1996. Despite the passage of this legislation further legal immigration reform is still needed. The Article notes what reform is needed and addresses some of the major issues that Congress should consider when addressing it. Specifically, the two methods to achieve are (1) setting a national level of immigration which will be periodically reviewed by Congress and the Executive branch, and (2) increasing the number and proportion of visas granted to immigrants based on their skills or U.S. labor market …

A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky

San Diego Law Review

In this Article, Professor Legomsky notes the increased degree of attention on, and the importance of, immigration law. Specifically, Congress amended the Immigration and Nationality Act (INA) and these amendments will require new administrative machinery and present new problems of both law and policy. In addition, numerous immigration bills have been introduced and more are inevitable. In light of this increased attention, the Administrative Conference of the United States set out to identify the specific areas of immigration law in which study of administrative procedures would be especially productive. At the request of the Conference, the author identifies thirteen immigration …

Implementing Family Unification Rights In American Immigration Law: Proposed Amendments, John Guendelsberger

San Diego Law Review

In this Article, Professor Guendelsberger examines the provisions of American immigration law that impede the entry of immediate family members of permanent resident aliens. It focuses particularly on the numerical limitations - the annual ceiling and the per-country ceiling on preference category visas - which force applicants from countries of high immigration demand to wait for long periods of time before visas become available. As a result, spouses and minor children of some permanent resident aliens enter immediately, while those from countries like Mexico or the Philippines must wait as long as eight years. The situation is further exacerbated by …

Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda

San Diego Law Review

In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.

A Comparative Study Of The Legal Rights And Duties Of Lawful Aliens In The United States And The People's Republic Of China, James Kraus, Wang Huijun

San Diego Law Review

In this Article, Messrs. Kraus and Huijun set forth a comparative study of the legal rights and duties of aliens residing in the United States and in the People's Republic of China. Historical patterns and practices regarding aliens are considered for their contribution to and influence on current law and policies. The core of the Article focuses on the treatment of aliens under current law in both countries, how that law functions, and future perspectives. It does so primarily by contrasting the legal and practical positions of lawful aliens, as opposed to citizens, in both countries.

Protection For Undocumented Workers Under The Flsa: An Evaluation In Light Of Irca, Susan Charnesky

San Diego Law Review

In Sure-Tan v. NLRB, the United States Supreme Court held that undocumented workers are protected under the National Labor Relations Act. This Comment argues that protection should be extended under the Fair Labor Standards Act. This Comment also looks at the Immigration Reform and Control Act of 1986 (IRCA), and argues that the passage of IRCA should not affect the right of undocumented workers to be protected and receive remedies under the labor laws.

Irca's Antidiscrimination Provisions: Protections Against Hiring Discrimination In Private Employment, Richard Magalski

San Diego Law Review

Employers who hire unauthorized aliens face strict penalties from the Immigration Reform and Control Act of 1986 (IRCA). Recognizing the potential for discrimination against authorized aliens and United States citizens of minority national origin, IRCA also provides an administrative procedure to handle these discrimination claims. This Comment examines how the current antidiscrimination protections of title VII and 42 U.S.C. § 1981 can be used to supplement the IRCA protections. The conclusion is that IRCA, title VII, and section 1981 can interact to provide adequate protection for those likely to be the target of discrimination.

What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess

Faculty Publications

Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Case Digest

Materiality Standard for Concealment or Misrepresentation under Immigration and Nationality Act § 1451(a) is Sufficient to Influence an Immigration and Naturalization Service Decision; The Test of Good Moral Character under § 1101(f)(6) Does Not Require a Finding of Materiality for any False Testimony --Kungys v. United States, 108 S. Ct. 1537 (1988)

The Broad Subpoena Power of the Immigration and Naturalization Service does not Authorize Issuance of a Blanket John Doe Subpoena to Gather Information Regarding Unidentified Aliens--Peters v. United States, 853 F.2d 692 (9th Cir.1988)

Routine Strip Searches of Detained Juvenile Aliens Violate Juveniles' Fourth Amendment Rights--Flores …

International Differences In The Labor Market Performance Of Immigrants, George J. Borjas

Upjohn Press

The author provides substantive insights into the self-selection process that determines the composition of the pool of migrants. He also illustrates the importance of immigration policy in determining both the national origin and skill composition of migrant flow reaching a country of destination.

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.

Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow

St. Mary's Law Journal

Abstract Forthcoming.

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

Texas Civil Procedure - Bill Of Review - Meritorious Defense Requirement In Bill Of Review Proceeding To Vacate Default Judgment, Without Effective Service Of Process Or Propert Notice Of Default Judgment, And Resulting In Adverse Consequences, Violates The Fourteenth Amendment's Due Process Clause Recent Development., William B. Nash

St. Mary's Law Journal

Abstract Forthcoming.

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …

Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.

The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston

St. Mary's Law Journal

Abstract Forthcoming.