Immigration Law Commons^™

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.

Studying Immigration: A Border Crossed, Lynda S. Zengerle

Michigan Law Review

A Review of Immigration: Process and Policy by Thomas Alexander Aleinikoff and David A. Martin

Compassion And Pragmatism, James C. Hathaway

Articles

Open wide the floodgates?

Much of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the study's proposals would "encourage purported refugees to arrive here in numbers that would soon overwhelm [the proposed] procedures" (Globe and Mail editorial, June 20, 1985).

This is far from accurate.

It …

The Second Generation Of Immigrants, Henry G. Schermers

Michigan Law Review

During the 1960s, many workers from the Mediterranean region migrated to more northerly regions of Europe. Often they brought their wives, and children were born in the host country. The situation of these children, the "second generation" of immigrants, deserves our attention.

In many respects the offspring who make up this second generation of immigrants are closer to their country of residence than to the country of their parents. Yet the desirability of integrating these young people into the country where they were born and live may be questioned. If they are able to speak their parents' language, they could …

The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway

Articles

A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …

Introduction--Reviewing Immigration Policy: The Select Commission, The Debate Over Simpson-Mazzoli, And Beyond, Lawrence H. Fuchs

University of Michigan Journal of Law Reform

Although the authors of the Articles which follow could not possibly touch on all aspects of reform, they have highlighted several that are important, giving further stimulus to a discussion which is certain to continue even if the Simpson-Mazzoli bill passes soon. Each of them constitutes an important contribution to that discussion, and Professor Aleinikoff's Article is arguably the single most challenging and constructive to appear on the subject of asylum claims adjudication. The University of Michigan Journal of Law Reform should be congratulated for its contributions to the ongoing debate on immigration reform.

A Commentary On American Legal Scholarship Concerning The Admission Of Migrants, James A.R. Nafziger

University of Michigan Journal of Law Reform

The following essay will focus attention on American legal scholarship concerning the admission of migrants. This topic is instructive and practical because of its impact on both municipal and global law. An eminent international jurist observed that greater foresight by scholars twenty-five years ago could have averted many current problems of migration. Today, these problems arise from such sources as the population explosion, periodic droughts, the pull factor of opportunities in advanced economies, and massive political unrest in the Horn of Africa, Afghanistan, Southeast Asia, Central America, and elsewhere. Migrants are knocking at the gates of sovereignty, even crashing some …

Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith

University of Michigan Journal of Law Reform

This Article will consider some of the controversial sections of the INA and the impact of the pending immigration legislation. Part I considers the labor certification requirement, a prerequisite for third and sixth preference immigrants. This Part concludes that clarification of the division of authority between the Attorney General and the Secretary of Labor, and of the intent of aliens to keep their certified jobs, would be desirable. Part II analyzes the requirements an alien must meet to adjust status to one, of the occupational preferences. The statutory refusal to adjust status of aliens who accept ''unauthorized employment" must be …

Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff

University of Michigan Journal of Law Reform

The recent flood of asylum claims, and the concerns it engenders, are not peculiar to the United States. Western European nations have witnessed similar increases in asylum applications over the past decade, .and institutions charged with adjudicating claims have become severely overburdened. This Article will describe the experience of the Federal Republic of Germany and the Republic of France in coping with the explosion of asylum claims. A comparative analysis may provide perspective on the American situation and perhaps suggest - or rule out - proposals for change currently under consideration in the United States. To appreciate the saliency of …

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

In April 1983, several members of the Journal suggested choosing immigration reform as a Special Issue topic. The idea had immediate appeal: the passage of the Simpson-Mazzoli bill seemed imminent; the new Refugee Act was not performing, in the views of some people, in a neutral (nonideological) manner; and many new immigration problems emerged that would soon require congressional, judicial, and administrative attention. Professor Alexander Aleinikoff helped us hammer this notion into a Special Issue by suggesting topics, providing sources, and ultimately writing an Article for the issue. This project may not have come off without his assistance. This is …

Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton

University of Michigan Journal of Law Reform

Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …

Resolving The Problem Of Undocumented Workers In American Society: A Model Guest Worker Statute, Marjorie E. Powell

University of Michigan Journal of Law Reform

This Note argues that a temporary foreign worker program is needed to alleviate the effects of illegal immigration. Part I describes the problems that illegal aliens present and discusses the interests of the groups affected by their presence in the United States. Part II discusses the inability of forced repatriation, amnesty, closing the border, or employer sanctions to satisfy these interests. Part II also discusses the undesirability of ignoring the problem of illegal aliens. Part III explains how a program for admission of temporary foreign workers best meets the interests of domestic employers, domestic and foreign workers, sending countries, and …

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …

The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson

University of Michigan Journal of Law Reform

Today more than ever the United States is a target for international migration. Population growth and economic stagnation in the Third World are increasing the pressures for emigration, and current United States immigration law is incapable of responding to the growing flow of illegal immigrants. The number of illegal aliens apprehended in the United States increased forty percent in 1983, and reached 1.4 million by the year's end. The backlog of applications for political asylum is over 165,000, and many of these claims are frivolous. Polls by Roper, Gallup, NBC, and others have shown that ninety percent of the American …

The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review

Michigan Law Review

Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.

A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review

Michigan Law Review

This Note rejects these arguments in favor of the thesis that the census clause affirmatively requires including illegal aliens in the census figures used to apportion representatives among the states. Part I argues that the framers intended to allocate representation among the states based on a number of considerations, including wealth, and chose total population within the territory of each state as the best measure of those considerations. Part II contends that the requirement of individual equality in voting rights does not apply to interstate comparisons of voting power. Rather, a specific structural agreement reached by the states as sovereign …

Index, Michigan Journal Of International Law

Michigan Journal of International Law

Index of terms used in this volume.

Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker

Michigan Journal of International Law

This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Michigan Journal of International Law

The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …

Refugees, Law, And Development In Africa, Peter Nobel

Michigan Journal of International Law

This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …

International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty

Michigan Journal of International Law

This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …

Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman

Michigan Journal of International Law

One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …

The Refugee Act Of 1980: Its Past And Future, David A. Martin

Michigan Journal of International Law

Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.

Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen

Michigan Journal of International Law

In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.

Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker

Michigan Journal of International Law

Statistics on refugee resettlement in the United States are obsolete as soon as they are published. What does remain current and constant, however, is that there is a global refugee crisis. The numbers of refugees in the world are not likely to diminish, and indeed, given the vagaries of international politics, the world's refugee population is likely to increase. As a major world power the United States has had to evolve a refugee policy. This policy operates on two levels: on the foreign level there has been an attempt to provide for the regional and international resettlement of refugees and …

Deportation And The Refugee, Elwin Griffith

Michigan Journal of International Law

Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.

Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass

Michigan Journal of International Law

This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.

Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill

Michigan Journal of International Law

Refugee problems today tend to have one factor in common-the huge numbers of people involved. But whether it is a case of one or of a mass of individuals, each arriving asylum seeker represents a challenge to established principles of state sovereignty. International jurists once wrote of the free movement of persons between nations, unhampered by passport and visa control. Since the late nineteenth century, however, the principle most widely accepted has been that each state retains exclusive control- an absolute discretion- over the admission to its territory of foreign nationals, refugees or not. Although in practice many countries concede …

Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young

Michigan Journal of International Law

A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …

Appendix Iii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of Foreign Laws