Law Commons^™

Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …

The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.

Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran

Law Faculty Scholarship

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …

Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project examines the congressional politics associated with legislation on skilled foreign workers, specifically the H-1B visa which was created by the Immigration Act of 1990. It attempts to explain why legislative policies were successful on a small scale between 1998 and 2004 and completely unsuccessful after 2004.

Specifically, this study is a longitudinal qualitative analysis that uses Krehbiel's pivotal politics model (1998), Cox and McCubbins' party politics models (2005; 2007), Sinclair's (2007) unorthodox lawmaking theory, and Gilmour's (1995) strategic disagreement model to explain four key periods of H-1B legislation: (1) the passage of the Immigration Act of 1990; (2) …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …

Justice For All: Improving Enforcement And Relief Efforts Of Human Trafficking Laws In Relation To Immigration Reform And Border Control, Katelyn J. Flynn

Honors Program Projects

This paper is based on the experience of living in Washington D.C., interning in the Senate, and participating in the American Studies Program for a semester in order to comprehensively research immigration reform with a focus on human trafficking laws and border security. Human trafficking violates human rights by forcing or coercing men, women, and children for sexual or labor exploitation. Globally, 600,000 to 800,000 victims are trafficked and 14,500 to 17,500 people are trafficked into the United States each year. This paper exposes the issue of human trafficking, reports research, and answers questions about how human trafficking affects its …

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.

The Politics Of Immigration: A Representation Of The Unconscious Mind, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the concept of an illegal immigrant from different psychological perspectives.

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …

Foreword, Edwin Meléndez

New England Journal of Public Policy

This is the first of two parts of "Latinos in a Changing Society"; Part II is scheduled for Fall/Winter 1995 publication. The following articles provide new insights into several key areas of concern: immigration, employment and income, and political participation. Part II articles will address education, health, and identity and ethnicity.