Immigration Law Commons^™

The Alienation Of Fathers, Linda Kelly

Michigan Journal of Race and Law

By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.

Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff

Michigan Journal of Race and Law

This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.

To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel

Michigan Journal of Race and Law

In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Race Discourse And Proposition 187, John Sw Park

Michigan Journal of Race and Law

Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.

The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii

Vanderbilt Journal of Transnational Law

The concept of citizenship has come to represent the full cluster of civil rights held by individuals as members of modern states. Therefore, of all the "reforms" undertaken by South Africa in response to the economic and political instability of the last two years, the most potentially far reaching was State President P. W. Botha's announcement that citizenship would be restored' to South African blacks. In September 1985, Botha affirmed that some form of citizenship would be extended to all South Africans. Finally, on July 2, 1986, the South African government passed The Restoration of South African Citizenship Act."

The Second Generation Of Immigrants, Henry G. Schermers

Michigan Law Review

During the 1960s, many workers from the Mediterranean region migrated to more northerly regions of Europe. Often they brought their wives, and children were born in the host country. The situation of these children, the "second generation" of immigrants, deserves our attention.

In many respects the offspring who make up this second generation of immigrants are closer to their country of residence than to the country of their parents. Yet the desirability of integrating these young people into the country where they were born and live may be questioned. If they are able to speak their parents' language, they could …

The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss

Michigan Law Review

Only rarely in the study of Supreme Court history do events, personalities, records, and historical sources converge to afford an intimate view of that institution. Schneiderman v. United States, in its own right an important decision in the field of denaturalization law, provides such an opportunity. The manuscript collections of the major adversaries on the Court are well-preserved, and a surviving major figure from among the parties to ·the litigation has provided personal insight into the intricacies of the case.

Deportation Law And The Social Interest, George Liviola Jr.

Cleveland State Law Review

Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.

Administrative Versus Judicial Determinations Of Citizenship: Some Problems In The Administration Of Section 360 Of The Immigration And Nationality Act

Indiana Law Journal

No abstract provided.

Aliens - Denaturalization - Requirement That The Governmnet Be Deceived In Naturalization Proceeding As Basis For Denaturalization, Charles B. Renfrew S.Ed.

Michigan Law Review

Defendant Umberto Anastasio, arrived in this country as a deserting seaman in 1917. A certificate of registry was granted in 1931 upon the fraudulent allegation in his application and testimony before an immigration inspector that he had never been arrested. After filing other papers necessary for naturalization, defendant was issued a certificate of arrival in 1933 based on the certificate of registry. Before obtaining citizenship, however, defendant executed an affidavit which revealed his criminal record and filed a consent of dismissal of his petition for naturalization in 1935. In 1942, while in the United States Army, defendant applied for naturalization …

Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.

Michigan Law Review

During World War II, an alien who was a citizen or a subject of a neutral country was allowed to escape service in the armed forces of the United States by signing Selective Service Form DSS 301. A release thus obtained carried with it a disability ever to become a citizen of the United States. A substantial number of neutral aliens availed themselves of this relief from military service. Today, the courts are faced with the problem of whether signing Form 301 shall in every case prevent the alien from becoming a citizen. It is the purpose of this comment …

Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.

Michigan Law Review

In the short period of five years, action on three governmental fronts has solved one problem of state legislation which seemed to violate a basic premise of the equal protection clause of the Fourteenth Amendment. Congress, the Supreme Court and the courts of last resort of two states have acted to destroy the effectiveness of state laws which prohibited ownership of land by aliens ineligible for citizenship. These laws incorporated whatever classification Congress established for naturalization purposes into state statutes determining rights to own land. This process has resulted in recent years in discrimination against Orientals, particularly Japanese. The purpose …

Member Of Communist Party Denied Privilege Of Naturalization

Indiana Law Journal

Recent Case Notes: Naturalization

Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath

Kentucky Law Journal

No abstract provided.