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2002

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Immigration Law

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Articles 1 - 25 of 25

Full-Text Articles in Law

The Invisible Worker, Lenni B. Benson Jul 2002

The Invisible Worker, Lenni B. Benson

Articles & Chapters

No abstract provided.


The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs Jul 2002

The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs

Georgetown Law Faculty Publications and Other Works

The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed ...


Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli Apr 2002

Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli

Gastón Institute Publications

This fact sheet summarizes information about legal immigration flows to the New England Region during the 1990s employing Immigration and Naturalization Service data. Although the annual number of legal permanent residents (e.g., green card holders) from Latin America and the Caribbean fell during the decade, as a percent of all legal immigrants who settled in New England their representation rose. Among all Latin American and Caribbean immigrants who settled in the region, more than half chose Massachusetts or Connecticut. And although most reported working in lower-skilled occupations, from 10 percent to 30 percent of immigrants from each c o ...


Thoughts On Proposed Immigration Reforms, John Scanlan Apr 2002

Thoughts On Proposed Immigration Reforms, John Scanlan

Articles by Maurer Faculty

No abstract provided.


"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner Jan 2002

"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner

Scholarly Articles

None available.


Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner Jan 2002

Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner

Scholarly Articles

None available.


Immigration Enforcement And Subordination: The Consequences Of Racial Profiling After September 11, Sameer M. Ashar Jan 2002

Immigration Enforcement And Subordination: The Consequences Of Racial Profiling After September 11, Sameer M. Ashar

Faculty Scholarship

This article documents the arrest and detention of an immigrant caught up in a post-9/11 enforcement sweep by immigration enforcement authorities. This article offers a critical discussion of the legal process to which this immigrant was subject and outlines two strategies to terminate proceedings on the basis of unlawful racial profiling and failure to charge the detained immigrant within a reasonable period of time. Using the case as a microcosm of immigration enforcement policy in the post-9/11 era, it is argued that race-based immigration enforcement justified by the War on Terror is an extension of race-based criminal enforcement ...


Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson Jan 2002

Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson

Articles & Chapters

No abstract provided.


Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza Jan 2002

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Articles & Chapters

No abstract provided.


Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman Jan 2002

Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.


“Latina/Oization” Of The Midwest: Cambio De Colores (Changes Of Colors) As Agromaquilas Expand Into The Heartland, Sylvia R. Lazos Jan 2002

“Latina/Oization” Of The Midwest: Cambio De Colores (Changes Of Colors) As Agromaquilas Expand Into The Heartland, Sylvia R. Lazos

Scholarly Works

This article focuses on important developments in Latina/o experience in the United States. Latinas/os are now the majority minority group in the United States. Increasingly, Latinas/os are rural dwellers, living in areas without a historical Latina/o presence. Latinas/os are no longer concentrated into the land geography that was Mexico prior to the Treaty of Guadalupe Hidalgo. Rather, the most recent wave of Latina/o immigration has dispersed settlement throughout the United States. This article discusses these changes in Midwest rural communities, and describes this new pattern of Latina/o immigration to the United States. The ...


Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero Jan 2002

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Journal Articles

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.


The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero Jan 2002

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Journal Articles

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not ...


Missouri, The “War On Terrorism,” And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Jan 2002

Missouri, The “War On Terrorism,” And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos

Scholarly Works

This article explains how the 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. This growth in first generation immigrants has not been limited to Missouri's large urban centers. In rural Missouri and its small towns, the major group of first generation immigrants is Latinos.


Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes Jan 2002

Temporary Workers And Future Immigration Policy Conflicts: Protecting U.S. Workers And Satisfying The Demand For Global Human Capital, Enid Trucios-Haynes

Brandeis School of Law Faculty Scholarship

No abstract provided.


Terrorizing Immigrants In The Name Of Fighting Terrorism, David Cole Jan 2002

Terrorizing Immigrants In The Name Of Fighting Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

It is often said that civil liberties are the first casualties of war. It may be more accurate to say that immigrants' civil liberties are the first to go. In the wake of the devastating terrorist attacks of September 11, we all feel vulnerable in ways that we have never felt before, and many have argued that we may need to sacrifice our liberty in order to purchase security. In fact, however, what we have done is to sacrifice the liberties of some-immigrants, and especially Arab and Muslim immigrants-for the purported security of the rest of us. This double standard ...


In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole Jan 2002

In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole

Georgetown Law Faculty Publications and Other Works

In this Article, I seek to demonstrate the radical consequences that taking due process seriously would have for immigration detention as currently practiced. Part I lays out the general principles that apply to civil preventive detention, which establish that substantive due process is violated without an individualized showing after a fair adversarial hearing that there is something to prevent, namely danger to the community or flight. Part II applies this general framework to immigration detention. It first demonstrates, by a review of Supreme Court decisions, that the Court has applied the same due process principles to immigration detention that it ...


Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.


The Causal Nexus In International Refugee Law, James C. Hathaway Jan 2002

The Causal Nexus In International Refugee Law, James C. Hathaway

Articles

For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the ...


Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland Jan 2002

Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland

Faculty Scholarship

Does the United States have powers inherent in sovereignty? At least since the 1819 decision in McCulloch v. Maryland, conventional wisdom has held that national government is one of limited, enumerated powers and exercises “only the powers granted to it” by the Constitution and those implied powers “necessary and proper” to the exercise of the delegated powers. All powers not delegated to the federal government are reserved to the states and to the people. In the 1936 decision in United States v. Curtiss-Wright Export Corp., however, the Supreme Court asserted that federal authority over foreign relations operated independently of the ...


Refugee Law Is Not Immigration Law, James C. Hathaway Jan 2002

Refugee Law Is Not Immigration Law, James C. Hathaway

Articles

The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.


Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.


Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang Jan 2002

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang Jan 2002

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.