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2003

Immigration Law

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Articles 1 - 30 of 64

Full-Text Articles in Law

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury Dec 2003

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.


Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson Dec 2003

Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson

Gastón Institute Publications

The 2000 U.S. Census brought confirmation of the increase of the Latino population and of the growing diversity of Latino national groups that now make this region their home. Latinos now number 428,729, a 55% increase over their numbers in 1990. In 30 years, the Latino population has increased six-fold, and from its initial concentrations in Springfield, Holyoke, and Boston its presence is now a fact across the Commonwealth.

Massachusetts Latinos are also showing increasing diversity, matching that of the Northeast region and exceeding that of the nation. At the national level, Mexicans have a dominance that dwarfs ...


Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family Nov 2003

Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family

Jill E. Family

When federal agents raided 60 Wal-Mart stores and Wal-Mart's executive offices on October 23, 2003, an important issue was brought to the headlines: a company's obligation to verify the employment eligibility of independent contractors, and individuals employed by an independent contractor or a subcontractor, to perform services on behalf of the company.


National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock Oct 2003

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely ...


In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith Sep 2003

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.


Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes Jul 2003

Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes

ExpressO

Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.

I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.

This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,

The first to enumerate proposals for enhancing victim protection measures,

The first to identify how enhancing victim protection will ...


Homeland Security Policy: Deportment On Deportation, Ibpp Editor Jun 2003

Homeland Security Policy: Deportment On Deportation, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on the appropriateness of deporting illegal aliens in support of homeland security policy.


The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen Jun 2003

The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen

University of Michigan Journal of Law Reform

For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however ...


The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock Jun 2003

The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock

University of Michigan Journal of Law Reform

Resettlement in the US. bestows a life changing benefit on thousands of overseas refugees. Because American refugee acceptance can never reach more than a tiny fraction of the world's millions of persecuted or oppressed, however, allocating this bounty requires the US. to choose the lucky few from the worthy many. Since the creation in 1980 of a permanent program of refugee resettlement, three different, and often conflicting, purposes have contended for its trove of immigration-like admissions slots. These are the removal of people from danger or hardship, the furtherance of a cluster of foreign policy objectives, and the facilitation ...


Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman Jun 2003

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman

University of Michigan Journal of Law Reform

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed ...


Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis Jun 2003

Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis

University of Michigan Journal of Law Reform

In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.

Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the ...


Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia Jun 2003

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

University of Michigan Journal of Law Reform

Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the ...


On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff Jun 2003

On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff

University of Michigan Journal of Law Reform

The H-1B program authorizes non-immigrant visas under which skilled foreign workers may be employed in the U.S., typically in computer-related positions. Congress greatly expanded the program in 1998 and then again in 2000, in response to heavy pressure from industry, which claimed a desperate software labor shortage. After presenting an overview of the H-1B program in Parts II and III, the Article will show in Part IV that these shortage claims are not supported by the data. Part V will then show that the industry's motivation for hiring H-lBs is primarily a desire for cheap, compliant labor. The ...


Foreign Nationals: Phila.’S Untapped Resource, Jill Family May 2003

Foreign Nationals: Phila.’S Untapped Resource, Jill Family

Jill E. Family

Desperately Seeking New Philadelphians was the title of a program recently attended by Philadelphia civic and business leaders. The program, sponsored by the Pennsylvania Economy League and the Daily News, featured a panel discussion focused on generating ideas on how to attract more new residents to Philadelphia. Among other things, the panel discussed Philadelphia's comparatively low rate of attracting foreign nationals to live and work in the city.


Banished For Minor Crimes: The Aggravated Felony Provision Of The Immigration And Nationality Act As A Human Rights Violation, Melissa Cook May 2003

Banished For Minor Crimes: The Aggravated Felony Provision Of The Immigration And Nationality Act As A Human Rights Violation, Melissa Cook

Boston College Third World Law Journal

The aggravated felony provision of the U.S. Immigration and Nationality Act was was originally intended to provide for the deportation of non-citizens convicted of very serious crimes. Over the last 15 years, however, the provision has been consistently expanded to include a plethora of minor crimes that are neither aggravated nor felonious. Moreover, Congress has categorically prohibited aggravated felons from applying for discretionary, equitable relief. This Note contends that the sweeping and indiscriminately applied aggravated felony provision violates an individual's universally recognized right to respect for family and private life. The Note concludes that to comply with international ...


The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya May 2003

The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya

Washington International Law Journal

A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties ...


Notre Dame Lawyer - Spring 2003, Notre Dame Law School Apr 2003

Notre Dame Lawyer - Spring 2003, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.


Categorical Approach Or Categorical Chaos? A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. § 16, Timothy M. Mulvaney Apr 2003

Categorical Approach Or Categorical Chaos? A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. § 16, Timothy M. Mulvaney

Faculty Scholarship

This Note addresses whether felony DWI constitutes a crime of violence for purposes of deportation. Part II of this Note surveys Congress's broad power over immigration and the government's role in deportation. Part III identifies the standard categorical approach to felony DWI offenses employed by both the courts and the Board of Immigration Appeals (BIA) in removal proceedings and analyzes the various conclusions that the courts have reached when interpreting a "crime of violence" under 18 U.S.C. § 16(b). Part IV evaluates an apparent departure from the implementation of this categorical approach in Dalton v. Ashcroft ...


What Foreign Students Fear: Homeland Security Measures And Closed Deportation Hearings, D. Ray Mantle Mar 2003

What Foreign Students Fear: Homeland Security Measures And Closed Deportation Hearings, D. Ray Mantle

Brigham Young University Education and Law Journal

No abstract provided.


The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore Feb 2003

The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Family Unity And Refugee Protection, Kathryn Jastram Jan 2003

Family Unity And Refugee Protection, Kathryn Jastram

Kate Jastram

No abstract provided.


How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner Jan 2003

How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner

Scholarly Articles

None available.


Where Is The Protection?: A Failed Response To Gender-Based Persecution, Elissa Steglich Jan 2003

Where Is The Protection?: A Failed Response To Gender-Based Persecution, Elissa Steglich

Public Interest Law Reporter

No abstract provided.


Congress Considers Bill To Provide In-State Tuition To Immigrant Children, John Anderson Jan 2003

Congress Considers Bill To Provide In-State Tuition To Immigrant Children, John Anderson

Public Interest Law Reporter

No abstract provided.


Federal Courts Reminded Of Executive Branch Asylum Authority, Heather Anne Egan Jan 2003

Federal Courts Reminded Of Executive Branch Asylum Authority, Heather Anne Egan

Public Interest Law Reporter

No abstract provided.


Special Registration: Past And Present, Consequences And Remedies, Diana C. Bauerle Jan 2003

Special Registration: Past And Present, Consequences And Remedies, Diana C. Bauerle

Public Interest Law Reporter

No abstract provided.


Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney Jan 2003

Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney

Villanova Law Review

No abstract provided.


An Enduring Fear: Recent Limitations On The Past Persecution Ground For Asylum, Susannah C. Vance Jan 2003

An Enduring Fear: Recent Limitations On The Past Persecution Ground For Asylum, Susannah C. Vance

Kentucky Law Journal

No abstract provided.


A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak Jan 2003

A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak

Human Rights Brief

No abstract provided.