Immigration Law Commons^™

The Federal Government's Telephone Employment Verification System And California State Assembly Bill 507, Assembly Select Committee On Statewide Immigration Impact

California Assembly

No abstract provided.

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer

Indiana Journal of Global Legal Studies

No abstract provided.

The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The Politics Of Western Immigration, Stephen E. Scheele

Indiana Journal of Global Legal Studies

No abstract provided.

Immigration Law In The Russian Federation, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger

Washington Law Review

This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.

A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett

Washington Law Review

This article explores the place of international law in the immigration policy process in four settings: (1) the tentative and ultimately failed efforts of the executive and the judiciary to keep Congress within the bounds of internationally law-abiding conduct with respect to Chinese exclusion; (2) the almost complete disregard by Congress and the executive of international norms concerning health-related travel restrictions relating to HIV/AIDS; (3) Congressional inaction in the face of executive and judicial hypocrisy toward fundamental principles of refugee law in relation to interdiction of asylum-seekers; and (4) the emergence of a perverse canon presuming the abrogation of uncodified …

An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson

Washington Law Review

My contribution to the Symposium considers how Proposition 187 fits into the peculiar politics of immigration, which in many ways are without parallel. The hope is to shed light on the dynamics culminating in the passage by the California electorate of a measure that in time may prove to be a watershed in immigration policymaking. In analyzing Proposition 187, this Article generally considers the risks posed to discrete and insular minorities by the initiative process and the difficulties in mounting legal challenges under current constitutional doctrine to democratic subordination of minority interests through initiatives. It raises serious questions about whether …

The Role Of Interest Groups In Policy Formulation, Warren R. Leiden

Washington Law Review

In the immigration field, as in most areas of national policy, advocacy groups play an important and sometimes essential role in the policymaking process. Often derided as "special interests" and accused of opposing the "public interest," advocacy organizations are in fact manifestations of the public and give voice to the concerns of specific segments of it. This article will examine how advocacy groups determine policy positions and activities and the nature of their role in the making of public policy on immigration matters.

The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky

Washington Law Review

Thus, there are three features of immigration policy to consider in combination: First, its repercussions are powerful and widespread. Second, with so many conflicting priorities to juggle, the decisions depend heavily on personal values and ideologies. Third, with so many different interest groups in the mix, decisions on immigration policy tend to be shamelessly vulnerable to constituent pressures. What all three factors have in common is that they accentuate the importance of choosing the right decisionmaker. The high impact means that much is at stake, and the last two features mean that the results will often turn on who the …

Making Asylum Policy: The 1994 Reforms, David A. Martin

Washington Law Review

The asylum reforms adopted in 1994 provide an intriguing glimpse into the making of immigration policy in the media spotlight—an intermittent spotlight, in this policy domain, with a short attention span. My primary aim here is to capture the history of those reforms, as it appeared to an outsider who was invited to play an insider's role as a nearly full-time consultant to the Immigration and Naturalization Service (INS) during certain crucial months in summer and fall 1993. The account should also help clarify certain central features of the reforms and offer some insight into key decisions in their shaping. …

Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw

Washington Law Review

Many such pattern and practice cases have been filed :in the past, and we can expect that such cases will continue to arise in the future. At this point, it is unsettled whether and under what circumstances district courts have jurisdiction to hear pattern and practice cases. In this article, I consider the case law that has developed in the context of the legalization program. In part I, I describe the legalization program established by Congress and explain the unlawful manner in which the program was implemented by the Immigration Service, adversely affecting hundreds of thousands of applicants. In part …

Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer

Indiana Journal of Global Legal Studies

In this article Mr. Bill Maurer addresses a fundamental tension

at work in the British Virgin Islands: while British Virgin Islanders

(BVIslanders) proudly term themselves a "law and order" people

and seek to distinguish themselves from other Caribbean peoples,

the territory remains as wedded as ever to its British rulers and the

West. Mr. Maurer first notes that when a colonial people begins to

view itself as essentially different from its rulers, it may begin a

concomitant move toward self-rule. He shows that while the BVI

exhibits many attributes of such a territory, BVIslanders consider

their ties to Britain a …

Foreword, Edwin Meléndez

New England Journal of Public Policy

This is the first of two parts of "Latinos in a Changing Society"; Part II is scheduled for Fall/Winter 1995 publication. The following articles provide new insights into several key areas of concern: immigration, employment and income, and political participation. Part II articles will address education, health, and identity and ethnicity.

The Single-Scheme Exception To Criminal Deportations And The Case For Chevron's Step Two, David A. Luigs

Michigan Law Review

This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.

Restrictions On Non-Citizens' Access To Public Benefits: Flawed Premise, Unnecessary Response, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Hope For The Future Recognition Of Women's Rights In Asylum Decision, Laura Vasquez

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

With No Place To Turn: Improving Legal Advocacy For Battered Immigrant Women, Leslye E. Orloff, Deeana Jang, Catherine F. Klein

Scholarly Articles

This article explains some of the unique problems faced by battered immigrant women and offers creative solutions for family lawyers and battered women advocates who have immigrant or refugee clientele. Because battered immigrant women who seek to flee violence need assistance with both family law and immigration law matters, we will discuss both areas and highlight their interrelationship.

Xin-Chang Zhang V. Slattery: An Illustration Of The Need For A Change In The United States' Immigration Laws To Provide Appropriate Consideration Of Asylum Claims By Chinese Nationals Fleeing China's Coercive Population Control, Jason D. Lazarus

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia

Scholarly Works

Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …

J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Abstract Forthcoming.

The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage

St. Mary's Law Journal

In Holder v. Hall, the Court held the size of a government body is not subject to a vote dilution challenge under Section 2 of the Voting Rights Act of 1965. The Act consists of two primary components, Sections 2 and 5, designed to eliminate and prevent subtle voting practices and procedures utilized to obstruct minority voter participation. Section 5 requires states with a history of discriminatory voting practices to obtain federal preclearance before changing a voting standard, practice, or procedure. Section 2 addresses the existing methods utilized to deny or abridge a citizen’s right to vote.  In Holder, the …

Trying To Make Ends Meet: Reconciling The Law And Practice Of Human Rights Amnesties Symposium - Human Rights In The Americas - Commentary., Robert O. Weiner

St. Mary's Law Journal

The problem of amnesty for widespread human rights violations in the Americas illustrates the credibility gap in public international law. This Commentary reviews applicable standards and attempts to identify a minimum state response to past human rights violations. It also examines the question of amnesties, offers certain legal interpretations, and presents some criteria for an amnesty framework which might be reconcilable with the state’s international obligations. This Commentary’s aim is not to suggest amnesties are a proper response to the problem of past human rights abuses, however, it does acknowledge amnesties have so far been the most common response. It …

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Abstract Forthcoming.

Can A Twenty-First Century Texas Tolerate Its Nineteenth Century Judicial Selection Process Commentary., Charles Bleil

St. Mary's Law Journal

Judicial selection by popular election is no longer practical in Texas. Texans must question the adequacy of the Texas judicial selection process for the next century. The history of Texas has seen the implementation of various methods for selecting the judiciary. Initially, the creation of courts by the Republic of Texas’s Constitution required joint ballot of both houses of the Texas Congress to select judges. However, in 1876, Texas began holding elections for jurists by popular vote. This enactment was in response to the drafters’ desire to limit government intervention during the Reconstruction era. Although the suitability of popular election …