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Immigration Law Commons

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1997

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Institution
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Articles 1 - 30 of 60

Full-Text Articles in Immigration Law

The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen Nov 1997

The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen

BYU Law Review

No abstract provided.


No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage Oct 1997

No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage

Law Faculty Research Publications

No abstract provided.


Baltic State Membership In The European Union: Developing A Common Asylum And Immigration Policy, Amy Elson Oct 1997

Baltic State Membership In The European Union: Developing A Common Asylum And Immigration Policy, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.


The Nature Of Global Commitments And Obligations: Limits On State Sovereignty In The Area Of Asylum, Heather Leary Oct 1997

The Nature Of Global Commitments And Obligations: Limits On State Sovereignty In The Area Of Asylum, Heather Leary

Indiana Journal of Global Legal Studies

No abstract provided.


Russian Jewish Immigration And Its Effect On The State Of Israel, Shelese Emmons Oct 1997

Russian Jewish Immigration And Its Effect On The State Of Israel, Shelese Emmons

Indiana Journal of Global Legal Studies

No abstract provided.


The Mail-Order Bride Industry And Immigration: Combating Immigration Fraud, Amy Elson Oct 1997

The Mail-Order Bride Industry And Immigration: Combating Immigration Fraud, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.


The Debre Bill: Immigration Legislation Or A National "Front"?, Shelese Emmons Oct 1997

The Debre Bill: Immigration Legislation Or A National "Front"?, Shelese Emmons

Indiana Journal of Global Legal Studies

No abstract provided.


Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood Jul 1997

Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood

Indiana Law Journal

No abstract provided.


The Cases Of Ward And Chan, Ron Shacter Jul 1997

The Cases Of Ward And Chan, Ron Shacter

Osgoode Hall Law Journal

Parkdale Community Legal Services has had an Immigration and Refugee division since 1989. The immigration division is one of the busiest divisions. The group represents refugee claimants, with an overall priority of women fleeing abuse in their country of nationality. The group also advocates for clients in family reunification and landing matters and represents clients in their applications for landing on humanitarian and compassionate grounds. Law reform work includes continued work with the Toronto Coalition Against Racism and the Canadian Council for Refugees to build responses to the Head Tax, Safe Third Country Agreement, and the new identification and delayed …


Foreword: From The St. Louis To The Golden Venture, Marvin H. Morse Apr 1997

Foreword: From The St. Louis To The Golden Venture, Marvin H. Morse

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman Apr 1997

A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake Mar 1997

Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake

BYU Law Review

No abstract provided.


Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis Jan 1997

Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis

University of Miami Inter-American Law Review

No abstract provided.


Back To The Future: Congress Attacks The Right To Judicial Review Of Immigration Proceedings (Symposium: Lady Liberty’S Doorstep: Status And Implications Of American Immigration Law)., Lenni B. Benson Jan 1997

Back To The Future: Congress Attacks The Right To Judicial Review Of Immigration Proceedings (Symposium: Lady Liberty’S Doorstep: Status And Implications Of American Immigration Law)., Lenni B. Benson

Articles & Chapters

No abstract provided.


Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero Jan 1997

Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero

Journal Articles

This article suggests that the Supreme Court's 1995 decision in Adarand Constructors, Inc. v. Peña constitutes a starting point for a renewed dialogue on the intersection of race, noncitizens' rights, and immigration law.

Part I of this Article examines the historical foundations of the plenary power doctrine up to the current dichotomy between judicial review of state and federal alienage classifications under equal protection. Part II reviews the Adarand decision, arguing that Justice O'Connor's congruence principle provides the bulwark for a revision of judicial review of federal legislation, especially in light of the historical and continuing perception of Asian- and …


Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero Jan 1997

Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero

Journal Articles

This Article contends that, following the Supreme Court's lead in Adarand Constructors, Inc. v. Peña and City of Cleburne v. Cleburne Living Centers, Inc., the continuing maltreatment of noncitizens in this country requires that federal alienage classifications be reviewed with the same strict, or at least heightened rational basis, scrutiny applied to state legislation.

Part II of this Article describes the 1979 Hostage Taking Convention and sets forth some of its provisions in an effort to better understand the impetus for the HTA. Part III examines the legislative history of the HTA and briefly describes the Yunis case as …


Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss Jan 1997

Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss

Publications

No abstract provided.


The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler Jan 1997

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Journal of Law and the Public Interest

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …


The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner Jan 1997

The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner

Scholarly Articles

None available.


Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel Jan 1997

Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel

Vanderbilt Journal of Transnational Law

International law permits each individual State to determine who under its laws are citizens of the nation. Germany's decision at the beginning of this century to adhere to the jus sanguinis model of citizenship continues to shape the country's immigration and citizenship laws. This model predicates citizenship on one's parents rather than one's place of birth. Accordingly, "ethnic Germans" who have returned to Germany since the end of the Cold War era are considered to possess a right to German citizenship. In contrast, naturalization procedures are rigorous for foreign residents, including guestworkers and asylum seekers, many of whom are long-time …


Spiritual And Menial Housework, Dorothy E. Roberts Jan 1997

Spiritual And Menial Housework, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Violence Against Women And The Asylum Process, John Linarelli Jan 1997

Violence Against Women And The Asylum Process, John Linarelli

Scholarly Works

Perhaps no area of public legislation generates as much controversy, or attracts as much rhetoric, as immigration. Immigration is perceived as the core of who we are as a nation. Legal norms governing the movement and migration of people across the borders of countries determine who is entitled to live in a country and ultimately who will control its resources. Immigration goes to the heart of sovereignty, particularly where sovereignty is popular, such as in consolidated democracies.' Asylum is a controversial issue within the immigration debate. This Article will interpret some of the recent developments in asylum law that are …


Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki Jan 1997

Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki

Faculty Articles

In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders becoming increasingly porous to the flows of information, goods and capital while simultaneously constricting when it comes to the movement of certain persons, particularly those of Asian and Latinalo ancestry. The authors examine Monterey Park, California, as one site where there has been a large influx …


The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler Jan 1997

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Public Interest Law Review

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …


Migration, Identity & The Colonial Encounter, Tayyab Mahmud Jan 1997

Migration, Identity & The Colonial Encounter, Tayyab Mahmud

Faculty Articles

The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of identity - the key ideologies of the nation. This article explores these issues by locating them in spatial and temporal sites removed from the common foci of current immigration debates. Using three stories of migration from colonial and postcolonial South Asia, the first part of the article demonstrates that within the general context of empire and imperialism, the determinants and processes of …


Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama Jan 1997

Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama

Faculty Articles

A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for "Protecting America's Workers." The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America's workers (and thus America) from encroachment by "unauthorized" workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart …


Throwing Away The Key: Limits On The Plenary Power?, Richard A. Boswell Jan 1997

Throwing Away The Key: Limits On The Plenary Power?, Richard A. Boswell

Michigan Journal of International Law

Review of From Welcomed Exiles to Illegal Immigrants: Cuban Migration to the U.S., 1959-1995 by Felix Masud-Piloto and The Abandoned Ones: The Imprisonment and Uprising of the Marial Boat People by Mark S. Hamm.


Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss Jan 1997

Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.


From Black And White To High Definition Equal Protection, Seth F. Kreimer Jan 1997

From Black And White To High Definition Equal Protection, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez Jan 1997

Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez

Faculty Scholarship

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a "White country" is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to …