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Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton

Washington Law Review

With the passage of the Refugee Act of 1980, the United States took an important step toward fulfilling its international human rights obligations. The Act significantly changed American asylum law and the federal courts have played a major role in interpreting the resulting changes. Because of this, the courts often have the last word in determining the practical nature of the human rights commitments embodied in the Refugee Act. In Sanchez-Trujillo v. INS, the Ninth Circuit Court of Appeals played the role of interpreter in outlining the parameters of a "particular social group" subject to a well-founded fear of persecution. …

Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …

Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton

Indiana Law Journal

No abstract provided.

The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad

Washington Law Review

In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …

State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn

University of Miami Law Review

No abstract provided.

Sanctuary: The New Underground Railroad, Daniel M. Brinks

Michigan Law Review

A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell

Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey

University of Miami Law Review

No abstract provided.

Judicial Deference To The Chief Executive's Interpretation Of The Immigration Reform And Control Act Of 1986 Antidiscrimination Provision: A Circumvention Of Constitutionally Prescribed Legislative Procedure, Mark Johnson Boulris

University of Miami Law Review

No abstract provided.

Legalization Under The Immigration Reform And Control Act Of 1986: Scope Of Confidentiality Provisions And Problems In Proving Residence, James Marx

University of Miami Law Review

No abstract provided.

The Unfair Immigration-Related Employment Practices Provision: A Modicum Of Protection Against National Origin And Citizenship Status Discrimination, Fedric J. Bendremer, Lisa A. Heiden

University of Miami Law Review

No abstract provided.

Project Save: Can It Work?, Madelyn S. Lozano

University of Miami Inter-American Law Review

No abstract provided.

Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy

San Diego Law Review

This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail …

Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven

San Diego Law Review

This Comment addresses the availability of remedies for undocumented workers for retaliatory discharge in light of the Supreme Court's decision in Sure-Tan, Inc. v. NLRB. The author suggests that, while courts traditionally hold that undocumented workers are "employees" under the National Labor Relations Act and are protected against retaliatory constructive discharges by employers, there is ambiguity as to the remedies available to undocumented workers who have been subject to such discharges. The author argues that, in Sure-Tan, the Court held that the affected workers could not receive back pay or reinstatement remedies until they were legally present in the United …

Introduction, Daniel E. Lungren

San Diego Law Review

Immigration has been our heritage. It has largely determined who we are as well as who we will be. It is not merely a cliche-we are indeed a land of immigrants.

The Immigration Reform And Control Act Of 1986, Daniel E. Lungren

San Diego Law Review

This Article examines the recent passage of the Immigration Reform and Control Act of 1986 (IRCA). The author discusses previous legislative attempts to control immigration and the legislative evolution of this new immigration reform bill. The author highlights the major provisions that are integral to comprehensive immigration reform legislation.

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.

Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin

San Diego Law Review

This Article analyzes the color of law standard in determining eligibility of noncitizens for public benefits, and outlines the impact of the Immigration Reform and Control Act of 1986 on benefit eligibility. The author reviews the legislative history and judicial construction of the standard, and proposes a working definition of "permanently residing. . . under color of law" that would include those aliens with implied or express permission to remain in the country, but exclude undocumented aliens and those who are temporarily present.

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman

San Diego Law Review

This Article examines the legal protections afforded by immigration law for victims of civil strife. Using the displaced victims of civil strife in El Salvador as an example, the author examines the predicament of such victims, surveys various solutions that exist under current law, and concludes that United States immigration law fails to offer relief or remedy. In light of these deficiencies, the author proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher

San Diego Law Review

This Comment addresses the issue of the potential tax liability of aliens present in the United States. The author argues that the first step in determining potential tax liability is the classification of an alien as either a resident or nonresident, and that Congress created two tests in an attempt to make the classification simple and objective. The author argues that the "green card" test accomplishes this congressional goal, while the "substantial presence" test is complicated and its exceptions depend on subjective criteria. The author concludes that, under the "substantial presence" test, residency determination is unpredictable and will likely result …

The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty

San Diego Law Review

This Comment examines the court's use of the political offense exception to extradition to find that fugitive Provisional Irish Republican Army members discovered in the United States are not extraditable to the United Kingdom. The author argues that the recent ratification of a supplementary extradition treaty with the United Kingdom virtually eliminates the political offense exception between the two countries. The author further argues that this treaty is contrary to the long-standing history and purpose of extradition and the political offense exception and presents a proposal for legislative reform.

Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley

San Diego Law Review

This Synopsis highlights significant legal developments that occurred in immigration law in 1986. The Supreme Court decided only one immigration case during this period, dealing with the definition of "child" in Immigration and Nationality Act section 244 suspension of deportation cases. The lower federal courts were highly active, dealing with a wide range of important immigration issues. The most significant development in 1986 was the passage by the 99th Congress of the Immigration Reform and Control Act of 1986 (IRCA). Passage of IRCA culminates six years of congressional attempts to reach an agreement on immigration reform. Seemingly cutting both ways, …

The Well-Founded Fear Of Persecution Standard In Asylum Proceedings: The Promise Of Solace For Refugees After Ins V. Cardoza-Fonseca, Michael E. Yates

Loyola University Chicago Law Journal

No abstract provided.

Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The enactment of the Immigration Reform and Control Act of 1986 ("IRCA"), popularly known as the Simpson-Rodino Act, was in large part spurred by Congressional desire to exercise more effective control over the influx of foreign farm workers in this country. This is not a new issue; the U.S. has admitted temporary foreign agricultural workers since 1917, and their entry has always been the subject of heated debate. Between 1942 and 1964 the "bracero" program allowed Mexicans to work temporarily in U.S. agriculture, but this program resulted in massive civil rights and labor violations and depressed wages in the Southwest. …

Immigration Reform And Control Act: Implementation And Impact In California, Joint Committee On Refugee Resettlement, International Migration And Cooperative Development

California Joint Committees

No abstract provided.

Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss

Penn State International Law Review

The Immigration and Naturalization Service has adopted an AIDS testing program to screen individuals requesting permanent status in the United States. The comment discusses this complex disease and the accompanying legal ramifications on immigration law, given the traditional bases for exclusion of aliens.

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).

ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).

UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Secretary of Transportation's Order Issued Pursuant to Anti-Apartheid Act, which immediately revoked South-African airways right to serve United States Airports, Upheld Notwithstanding possible violation of prior Executive Agreement--South African Airways v. Dole, 817 F.2d 119 (D.C.Cir. 1987).

IN TRANSNATIONAL LITIGATION, HAGUE EVIDENCE CONVENTION IS NOT MANDATORY, EXCLUSIVE, OR PROCEDURE OF FIRST RESORT, BUT UNITED STATES COURT MAY RESORT TO CONVENTION'S DISCOVERY PROCEDURES To SUPPLEMENT FEDERAL DISCOVERY RULES WHEN CIRCUMSTANCES WARRANT --Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 107 S. Ct. 2542 (1987).

Two YEAR PROCESSING DELAY OF APPLICATION FOR ADJUSTMENT OF IMMIGRATION …