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Full-Text Articles in Law
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article critiques several legislative proposals that sought to impose immigration restrictions on serious human rights abusers. Part I provides a brief overview of the international restrictions on immigration relief. In particular, it focuses on those restrictions that limit immigration relief available to individuals who have committed serious human rights abuses. Part II then reviews the Immigration and Nationality Act (INA) and its restrictions on immigration relief. It also examines the federal agencies charged with investigating cases of serious human rights abusers in the United States. Part III describes recent legislative proposals that have sought to deny immigration relief to …
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Michigan Journal of International Law
This article outlines some basic issues of immigration law that will be discussed during this process of reform. These issues, each of which constitutes a separate section, include the legal basis for deportation under Philippine jurisprudence; the power to issue a warrant of arrest against an alien; the power to grant bail to an alien under detention; and the power of judicial review over deportation cases.
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Michigan Journal of International Law
This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …
The Development Of Refugee Law, Paul Weis
The Development Of Refugee Law, Paul Weis
Michigan Journal of International Law
In customary international law, nationality provides the principal link between the individual and the law of nations. Refugees are commonly understood to be persons who have been compelled to leave their homes on account of natural catastrophes or because of political events; they may be inside or outside their country of origin. Refugees may be stateless or not; most present-day refugees are not stateless. Only international political refugees-persons who are outside their country of origin for political reasons-are discussed in this article, an overview of sources of refugee law, and a preface to the articles in this volume which take …
Deportation And The Refugee, Elwin Griffith
Deportation And The Refugee, Elwin Griffith
Michigan Journal of International Law
Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Michigan Journal of International Law
In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Michigan Journal of International Law
One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …
The Refugee Act Of 1980: Its Past And Future, David A. Martin
The Refugee Act Of 1980: Its Past And Future, David A. Martin
Michigan Journal of International Law
Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.