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Articles 1 - 13 of 13
Full-Text Articles in Immigration Law
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
San Diego International Law Journal
The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and …
Deliberate Destitution As Deterrent: Withholding The Right To Work And Undermining Asylum Protection, Lori A. Nessel
Deliberate Destitution As Deterrent: Withholding The Right To Work And Undermining Asylum Protection, Lori A. Nessel
San Diego Law Review
This Article critiques the United States’ bar on employment for asylum seekers on a number of fronts. Beginning with a historical perspective, I explore the more humane regime that existed in the United States until 1995. Under this prior system, asylum seekers with bona fide claims were permitted to work while their claims proceeded. This Article examine the underlying fears and policy goals that led Congress to dramatically curtail protection and the right to work for asylum seekers. By situating the prohibition on work for asylum seekers within the larger context of overall punitive immigration reforms and the increasing criminalization …
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, discusses the historical roots of the power of the Church to provide sanctuary to those in fear of life and limb. Tracing its historical roots, the author identifies three elements of sanctuary - person, place, governmental check. He then demonstrates that the American Sanctuary Movement contains these defining elements of historical sanctuary. An analysis of the Sanctuary Movement concludes that, despite its different features and cultural locus, the Movement embodies the ancient elements of person, place and governmental check transformed, rather than transubstantiated by the American context.
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
San Diego Law Review
During the height of the Central American civil wars of the 1980s, the Ninth Circuit Court of Appeals established liberal precedent for granting asylum under the Immigration and Nationality Act to deportable aliens who had been threatened for resisting government or guerrilla service in their native countries because of their political opinions (including neutrality), whether expressed, implied, or imputed to them by those who meant them harm. However, in INS v. Elias-Zacarias, the Supreme Court reversed the Ninth Circuit and stated that an asylum applicant's political opinion may not be imputed to him by the actions of his alleged persecutors. …
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
San Diego Law Review
This Article analyzes the basis for safe-haven programs for refugees fleeing war and civil strife under contemporary principles of international law. The authors trace the development of safe-haven programs in the United States and offer an analysis and critique of the Temporary Protected Status program created by the Immigration and Nationality Act of 1990. Focusing on the struggle to gain safe haven for refugees from El Salvador, the authors review the United States government's historical use of safe haven programs as a political tool. Finally, the Article looks at how other countries have responded to refugee crises and suggests a …
Detention Of Aliens, Paul Wickham Schmidt
Detention Of Aliens, Paul Wickham Schmidt
San Diego Law Review
This Article examines the general principles relating to detention of aliens in exclusion and deportation situations. The author surveys the legal issues in various important areas of the detention controversy. The author concludes by exploring how the Immigration and Naturalization Service can most effectively utilize detention in the future.
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
San Diego Law Review
This Article examines the Supreme Court's holding in INS v. Phinpathya, in which it interpreted the seven-year continuous presence requirement for suspension of deportation as a condition that allows for no interruptions whatsoever. The author examines the holding in order to highlight the difficulties inherent in both literalist statutory interpretation and the use of `legislative intent." The author analyzes the legislative history of the suspension statute and the decision of the Court in Phinpathya, and concludes that the Court's approach drains the presence requirement of substantive policy content. The author then proposes an alternate mode of interpretation, which would enlarge …
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
San Diego Law Review
This Article examines the various mechanisms for assuring professional responsibility in immigrations practice and related government service. The author discusses the authority of the courts, the Immigration and Naturalization Service, and the states that discipline individual practitioners whose conduct violates ethical standards. The author further examines some of the ethical problems that frequently arise in immigration practice and describes the types of sanctions imposed. The author concludes by detailing the various standards of professional responsibility that regulate the conduct of government employees.
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
San Diego Law Review
This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
San Diego Law Review
An understanding of the DeCanas decision is facilitated by an initial examination of the general elements of the preemption doctrine. A working definition of preemption will be given. This definition will be considered in its two forms: preemtion which is constitutionally mandated and that which is congressionally mandated.
The Need To Modernize Our Immigration Laws, Charles Gordon
The Need To Modernize Our Immigration Laws, Charles Gordon
San Diego Law Review
The Author describes and discusses some statutory changes he believes to be desirable in immigration legislation. He argues that immigration legislature does not occupy a very high priority among Congressional concerns. Moreover, those who favor statutory revisions are often reluctant to propose them, since past experience has demonstrated to them that stirring the legislative pot may produce a stew even less palatable than that now available. The suggestions he proposes include simplifying the statutory structure and creating discretionary authority to waive grounds for exclusion.