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2006

Immigration Law

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Articles 1 - 30 of 101

Full-Text Articles in Law

Videoconferencing In Immigration Proceedings, Aaron Haas Dec 2006

Videoconferencing In Immigration Proceedings, Aaron Haas

The University of New Hampshire Law Review

[Excerpt] “When there is mention of a legal trial, a certain picture naturally comes to mind. One sees a judge in his black robe sitting on a raised bench. Lawyers are stationed at tables on either side of the courtroom, prepared to present their arguments to the court. A jury box may sit off to the side, holding a cross-section of citizens culled from the population to perform their ancient duty. The courtroom is made of fine wood and polished marble, and it is adorned with the accouterments of justice—American flags, seals, paintings of honored jurists—which let an ...


Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín Nov 2006

Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín

David Cook-Martín

Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a ...


U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White Nov 2006

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three ...


National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock Oct 2006

National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock

ExpressO

This paper offers a three-pronged framework for evaluating immigration-related security measures and tactics. First, does the measure or strategy relate to a legitimate security goal? Second, what does the measure propose to accomplish, will it be successful in achieving that end, and how can its success (or failure) be assessed? Third, is the measure worth the cost both in resources and opportunities foregone? The paper goes on to evaluate the US Government's recent implementation of the US-VISIT program against this framework.


Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García Oct 2006

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.


The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian Oct 2006

The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian

ExpressO

In INS v. Elias Zacarias, the Supreme Court (SC) affirmed that nongovernmental actors (e.g., guerilla groups) can commit “persecution” as defined by § 101(a)(42) of the Immigration and Nationality Act (INA). Human rights violations by any international actor, governmental or otherwise, can thus, according to Elias Zacarias, trigger asylum protection in the United States (US). In contrast, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the US is a party, requires the victimizer to be a “public official or other person acting in an official capacity.”

The CAT thus imposes ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow Oct 2006

"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.


United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger Oct 2006

United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger

Publications

The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features ...


Delegating Democracy - The Siphoning Of Immigration Power From Congress To The States And Administrative Agencies, And The Need For A New Approach.", Oleg S. Kobelev Sep 2006

Delegating Democracy - The Siphoning Of Immigration Power From Congress To The States And Administrative Agencies, And The Need For A New Approach.", Oleg S. Kobelev

ExpressO

The paper's central thesis is that a doctrine of non-delegation in conjunction with the plenary power of Congress in the area of immigration law makes it possible for Congress to escape its democratic responsibilities to the voters by allowing it to shove difficult or unpopular decisions to the administrative agencies with little oversight or accountability to the public. This paper proposes a new constitutional approach to the delegation theory in the context of immigration - a theory of explicit delegation.


The Immigrant City, Rick Su Sep 2006

The Immigrant City, Rick Su

ExpressO

Jurists, policymakers, and legal scholars often do not consider the issue of immigration from a local perspective. As such, the intersection between immigration and local government law has largely been neglected in the legal academic literature. Instead of subscribing to the conventional belief that immigration and local governments are doctrinally distinct, this article uncovers their latent intersection, explore how competing but often unexamined concerns about local governments in legal doctrine conceal the mutual impact that immigration and local government laws have upon one another, and use this analysis to explore how legal rules can be changed to enhance the positive ...


A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec Sep 2006

A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl Sep 2006

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland Sep 2006

Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland

Buffalo Human Rights Law Review

No abstract provided.


Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham Sep 2006

Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham

Buffalo Human Rights Law Review

No abstract provided.


The Rush To Limit Judicial Review, Jill Family Aug 2006

The Rush To Limit Judicial Review, Jill Family

Jill E. Family

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in ...


The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power, Juliet P. Stumpf Aug 2006

The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power, Juliet P. Stumpf

ExpressO

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. Although the connection between immigration and criminal law, or “crimmigration law,” is now the subject of national debate, scholarship in this area is in a fledgling state. This article begins to fill that void. It proposes a unifying theory – membership theory – for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the ...


A Reflection On The Chinese Green Card System, Jia Xu Aug 2006

A Reflection On The Chinese Green Card System, Jia Xu

Cornell Law School J.D. Student Research Papers

The issuance of Regulations on Examination and Approval of Permanent Residence of Aliens in China marks the establishment of the green card system in China. It aims to attract world talents as well as foreign investment. It is a very important step concerning China’s open-up policy, but we still have a long way to improve the newly-established system.


Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum Aug 2006

Canons, The Plenary Power Doctrine And Immigration Law, Brian G. Slocum

ExpressO

There is a fundamental dichotomy in immigration law. On one hand, courts have consistently maintained that Congress has “plenary power” over immigration and reject most constitutional challenges on that basis. On the other hand, courts frequently use canons of statutory construction in an aggressive fashion to help interpret immigration statutes in favor of aliens. Immigration scholars have almost exclusively focused on the plenary power doctrine. They have either ignored the important role that canons have played in immigration law or have viewed canons as serving only a temporary and marginally legitimate role as substitutes for the lack of constitutional rights ...


Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jul 2006

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos


'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii Jul 2006

'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman ...


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq. Jun 2006

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.

Working Paper Series

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The ...


American Refugees And Asylum Seekers In Canada, Todd W. Zabel May 2006

American Refugees And Asylum Seekers In Canada, Todd W. Zabel

ExpressO

American Soldier, Jeremy Hinzman, deserted his Iraq bound unit in 2003 and fled to Canada where he now seeks asylum with his wife and young son. The legal implications of his case are explored against the background of the American and Canadian political landscapes. The Canadian Court’s ultimate denial of his application evidences sweeping changes in Canada’s approach to International Law.


The Regulation Of Intercountry Adoption, Mary E. Hansen, Daniel Pollack May 2006

The Regulation Of Intercountry Adoption, Mary E. Hansen, Daniel Pollack

ExpressO

As of January 2006, the United States was the only major receiver of children through intercountry adoption that had not implemented the 1993 Hague Convention on Intercountry Adoption. The U.S. signed the Hague Convention in 1994, but did not pass implementing legislation until 2000. Regulations pursuant to the legislation were proposed in 2003, but final regulations did not go into effect until March 2006. The slow pace was partly the result of Congressional wrangling over designation of a regulator and partly the result of a prolonged conversation between the designated regulator and the adoption community over specific regulations.

Finalization ...


The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris May 2006

The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris

ExpressO

In post-9/11 America, no goal ranks higher for law enforcement than preventing the next terrorist attack. This is as true for local police departments as it is for the FBI, and police in cities. At the same time, many advocates of tightening U.S. immigration enforcement have recast their efforts as national security and anti-terrorism campaigns. Thus, these advocates and their many allies in the current administration and in Congress have called for local police to become involved in enforcing immigration law. Officials in both the executive and legislative branches of the federal government have taken a number of ...


The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins Apr 2006

The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins

ExpressO

Herndon, Virginia is the latest example of small town immigration issues exploding into the national debate on illegal immigration. This four-square mile town, population 22,000, was propelled into the national spotlight after a dramatic public reaction to Mayor Michael O’Reilly’s proposal to construct a hiring site for day laborers. Three months before the center even opened its doors, Herndon and Fairfax County faced a law suit challenging the legality of funding a day labor center that would inevitably extend its services to undocumented immigrants.

Small towns, adjusting to significant increases in the immigrant worker population, have become ...


Any Place For Ethnicity? The Liberal State And Immigration, David Abraham Apr 2006

Any Place For Ethnicity? The Liberal State And Immigration, David Abraham

ExpressO

When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.


Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo Apr 2006

Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo

Working Paper Series

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the ...


New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon Apr 2006

New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon

Working Paper Series

Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.

Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that ...