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Articles 1 - 30 of 66
Full-Text Articles in Law
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
BYU Law Review
No abstract provided.
Making Immigration Policy Work In The United States, California Latino Legislative Caucus
Making Immigration Policy Work In The United States, California Latino Legislative Caucus
California Assembly
Nowhere in the United States has immigration become as controversial a political issue as in California. In the 1980s, immigrants accounted for one-third of the nation's population growth, with California absorbing about half of the newcomers. The recent recession has prompted some to blame the State's complex problems - such as unemployment, crime, and the dwindling availability of public resources - on this influx of immigrants. Immigrants are accused of abusing government assistance programs, contributing little or no tax revenue to the public coffers, taking jobs from U.S. citizens and failing to adjust to new communities. These concerns are heightened …
Californians Together: Defining The State's Role In Immigration, California Senate Office Of Research
Californians Together: Defining The State's Role In Immigration, California Senate Office Of Research
California Senate
No abstract provided.
Haitian Centers Council, Inc. V. Mcnary: If At First You Don't Succeed..., Robert A. Weber Jr.
Haitian Centers Council, Inc. V. Mcnary: If At First You Don't Succeed..., Robert A. Weber Jr.
Mercer Law Review
At what territorial point do aliens become entitled to the protections accorded them under the Immigration and Naturalization Act ("INA")? Contrary to the Eleventh Circuit Court of Appeals holding in Haitian Refugee Center, Inc. v. Baker, the Second Circuit Court of Appeals in Haitian Centers Council, Inc. v. McNary held that the protections accorded aliens in Section 243(h)(1) of the INA apply to all aliens, regardless of their location within or outside the territorial jurisdiction of the United States. The Eleventh Circuit in Baker had previously determined that Section 243(h)(1) applied only to aliens found within the jurisdictional confines …
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Faculty Publications
No abstract provided.
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Washington International Law Journal
In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.
Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
San Diego Law Review
This Article addresses the process for providing asylum to immigrants in the United States. The Article argues that the statutory scheme, enacted as part of the Refugee Act of 1980, is not designed to handle the many thousands of asylum applications filed by foreign nationals who are physically present in the United States without the benefit of lawful immigration status. As a discretionary form of relief, asylum operates as a "backdoor" to regular permanent immigration status in this country. The author attempts to show that the judicial process is not well suited to resolve the remaining issues that fuel asylum …
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
San Diego Law Review
This Article explores Section 242B of the Immigration and Nationality Act, added by the Immigration Act of 1990. This provision stripped immigration judges of the discretion they had to determine whether a constitutionally required deportation hearing may take place in the alien's absence. The author examines three major issues of statutory interpretation that determine the extent of the hardships that this law may thrust upon aliens. These issues are: (1) the scope of the limits on the ability to rescind a deportation order made in the alien's absence, (2) the scope of the five-year disqualification provision which is triggered by …
The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones
The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones
Michigan Journal of International Law
On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …
United States Haitian Policy: A History Of Discrimination, Cheryl Little
United States Haitian Policy: A History Of Discrimination, Cheryl Little
NYLS Journal of Human Rights
No abstract provided.
A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton
A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Faculty Publications
This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
Faculty Scholarship
No abstract provided.
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Articles
No abstract provided.
Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka
University of Richmond Law Review
On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs
Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs
American University Law Review
No abstract provided.
Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick
Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The United States Government Program Of Intercepting And Forcibly Returning Haman Boat People To Haiti: Policy Implications And Prospects, Arthur C. Helton
The United States Government Program Of Intercepting And Forcibly Returning Haman Boat People To Haiti: Policy Implications And Prospects, Arthur C. Helton
NYLS Journal of Human Rights
This article discusses the policy consequences of the United States government program, in operation in various forms since 1981, to intercept at sea and forcibly return Haitian boat people to Haiti. The evolution of the return program is described and analyzed in the context of refugee policy, both internationally and in the United States. Policy implications are analyzed and recommendations are made for a reformulated policy response.
Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph
Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph
Maryland Law Review
No abstract provided.
Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava
Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava
University of Richmond Law Review
With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …
Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay
St. Mary's Law Journal
In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
St. Mary's Law Journal
The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
St. Mary's Law Journal
The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
St. Mary's Law Journal
This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …
The Great Speech Perspective., Jon Larsen Shudlick
The Great Speech Perspective., Jon Larsen Shudlick
St. Mary's Law Journal
Abstract Forthcoming.
Proof Of Attorney's Fees In Texas., Scott A. Brister
Proof Of Attorney's Fees In Texas., Scott A. Brister
St. Mary's Law Journal
In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …