Law Commons^™

Brain Drain Taxation As Development Policy, Yariv Brauner

Yariv Brauner

This article examines the potential use of taxation to generate development funds in connection with the immigration of skilled immigrants from developing into developed countries, known as the "brain drain," if designed according to the principles of the new development agenda. It explains that a tax on the brain drain that has been discussed for several decades, yet considered impossible to administer, may be administratively and legally implementable within the framework of the current international tax regime. It argues that designing such a tax according to the principles of the new development agenda, tying together the collection and use of …

Migrant Labour In The United States: Working Beneath The Floor For Free Labour?, Maria Ontiveros

Maria L. Ontiveros

This chapter argues that the combination of United States employment and immigration laws create a system for the exploitation of immigrant workers that runs counter to the purpose of the Thirteenth Amendment to the US constitution. The chapter provides an overview to US employment and migration laws and then identifies specific problems raised for immigrant workers. The chapter then describes Thirteenth Amendment jurisprudence and shows how the current system of laws runs afoul of the amendments purpose.

Re-Examining The Zero-Tolerance Approach To Deporting Aggravated Felons: Restoring Discretionary Waivers And Developing New Tools, Bill Hing

Bill Ong Hing

In this essay, I argue that immigration judges should regain discretion over deportation cases involving lawful permanent resident immigrants who have committed aggravated felonies — discretion that was eliminated in 1996. Congress’s failure to address the issue of reinstating immigration court discretion is a missed opportunity to act consistently with changing political attitudes toward law enforcement and notions of proportionality. Addressing these issues would invite a conversation about the effect of criminal deportations on the prospective deportee, who may in fact be well on the road to rehabilitation. The effect on the community also would become relevant, as we focus …

Redressing The Shame Of U.S. Immigration Laws And Enforcement Policies, Bill Hing

Bill Ong Hing

n this chapter, I provide a focused view of certain examples of U.S. immigration laws and enforcement policies that have gone too far. I provide a fuller picture of employer sanctions enforcement and Operation Gatekeeper, along with harsh deportation policies that are enforced in the name of protecting our borders and ourselves from a so-called invasion of immigrants. I explain how the lack of sufficient visas and U.S. trade policies have exacerbated the alleged “illegal immigration” problem. And I discuss how a system based on ethical values is needed to remedy the evils of current U.S. immigration policies.

The experiment …