Law Commons^™

Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson

BYU Law Review

No abstract provided.

Making Immigration Policy Work In The United States, California Latino Legislative Caucus

California Assembly

Nowhere in the United States has immigration become as controversial a political issue as in California. In the 1980s, immigrants accounted for one-third of the nation's population growth, with California absorbing about half of the newcomers. The recent recession has prompted some to blame the State's complex problems - such as unemployment, crime, and the dwindling availability of public resources - on this influx of immigrants. Immigrants are accused of abusing government assistance programs, contributing little or no tax revenue to the public coffers, taking jobs from U.S. citizens and failing to adjust to new communities. These concerns are heightened …

Californians Together: Defining The State's Role In Immigration, California Senate Office Of Research

California Senate

No abstract provided.

Haitian Centers Council, Inc. V. Mcnary: If At First You Don't Succeed..., Robert A. Weber Jr.

Mercer Law Review

At what territorial point do aliens become entitled to the protections accorded them under the Immigration and Naturalization Act ("INA")? Contrary to the Eleventh Circuit Court of Appeals holding in Haitian Refugee Center, Inc. v. Baker, the Second Circuit Court of Appeals in Haitian Centers Council, Inc. v. McNary held that the protections accorded aliens in Section 243(h)(1) of the INA apply to all aliens, regardless of their location within or outside the territorial jurisdiction of the United States. The Eleventh Circuit in Baker had previously determined that Section 243(h)(1) applied only to aliens found within the jurisdictional confines …

Zoe Baird, Betrayal And Fragmentation, Susan Grover

Faculty Publications

No abstract provided.

Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern

Washington International Law Journal

In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …

Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.

Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

San Diego Law Review

This Article addresses the process for providing asylum to immigrants in the United States. The Article argues that the statutory scheme, enacted as part of the Refugee Act of 1980, is not designed to handle the many thousands of asylum applications filed by foreign nationals who are physically present in the United States without the benefit of lawful immigration status. As a discretionary form of relief, asylum operates as a "backdoor" to regular permanent immigration status in this country. The author attempts to show that the judicial process is not well suited to resolve the remaining issues that fuel asylum …

The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez

San Diego Law Review

This Article explores Section 242B of the Immigration and Nationality Act, added by the Immigration Act of 1990. This provision stripped immigration judges of the discretion they had to determine whether a constitutionally required deportation hearing may take place in the alien's absence. The author examines three major issues of statutory interpretation that determine the extent of the hardships that this law may thrust upon aliens. These issues are: (1) the scope of the limits on the ability to rescind a deportation order made in the alien's absence, (2) the scope of the five-year disqualification provision which is triggered by …

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

The United States Government Program Of Intercepting And Forcibly Returning Haman Boat People To Haiti: Policy Implications And Prospects, Arthur C. Helton

NYLS Journal of Human Rights

This article discusses the policy consequences of the United States government program, in operation in various forms since 1981, to intercept at sea and forcibly return Haitian boat people to Haiti. The evolution of the return program is described and analyzed in the context of refugee policy, both internationally and in the United States. Policy implications are analyzed and recommendations are made for a reformulated policy response.

United States Haitian Policy: A History Of Discrimination, Cheryl Little

NYLS Journal of Human Rights

No abstract provided.

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf

Faculty Publications

This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka

University of Richmond Law Review

On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.

Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin

Scholarly Articles

No abstract provided.

The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola

St. Mary's Law Journal

This paper evaluates whether the Texas International Arbitration Act (TIAA) will be a helpful addition to the laws governing arbitration of private commercial disputes between residents of Texas and Mexico. Owing to differences among cultures, languages, and legal systems, attorneys in the United States and in Mexico are turning to binding arbitration for the resolution of international disputes. Texas enacted an International Arbitration Act in 1989 to foster expanded international trade and facilitate resolution of international commercial disputes through conciliation and arbitration. Proponents of international arbitration argue it is the method of choice for resolution of private commercial disputes due …

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey

St. Mary's Law Journal

Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …

Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs

American University Law Review

No abstract provided.

Center For Legal And Social Justice, Original Prospectus (C. 1993), St. Mary's University School Of Law

Prospectus for the Center for Legal and Social Justice

No abstract provided.

Hiv-Infected Haitian Refugees: An Argument Against Exclusion, Elizabeth Mccormick

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Home Relief

Touro Law Review

No abstract provided.

Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph

Maryland Law Review

No abstract provided.

Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava

University of Richmond Law Review

With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga

St. Mary's Law Journal

The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …