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Articles 121 - 150 of 172
Full-Text Articles in Immigration Law
Illegal Immigration: Employer Sanctions And Related Proposals, Teresa Major Stewart
Illegal Immigration: Employer Sanctions And Related Proposals, Teresa Major Stewart
San Diego Law Review
This Comment examines the situation resulting from large numbers of undocumented aliens entering the United States. Particular attention is given to why legislative proposals of sanctions for employers who hire undocumented aliens should be enacted. In addition, recommendations of the President's Select Commission on Immigration and Refugee Policy and proposals for amnesty relief, and temporary worker programs are analyzed in relation to an overall immigration package. Congressional Review of Suspension of Deportation and the Doctrine of Separation of Powers It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. …
Congressional Review Of Suspension Of Deportation And The Doctrine Of Separation Of Powers, Mark Vranjes
Congressional Review Of Suspension Of Deportation And The Doctrine Of Separation Of Powers, Mark Vranjes
San Diego Law Review
It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. This Comment analyzes Chadha v. INS, a Ninth Circuit decision which constitutes the most recent attempt by the judiciary to resolve this long-standing issue. Chadha involves a challenge to the constitutionality of the congressional review of suspension of deportation as being a violation of separation of powers. The Comment suggests that the time has come for Congress to release its hold on the suspension process. This conclusion is based on an analysis of both practical and constitutional factors. The …
Significant Developments In The Immigration Laws Of The United States 1980-1981, Edward M. Gergosian
Significant Developments In The Immigration Laws Of The United States 1980-1981, Edward M. Gergosian
San Diego Law Review
This synopsis of developments in the field of immigration law focuses on the areas of the law in which there were significant changes from October 1980 through September 1981. The discussion includes important judicial decisions, significant administrative actions taken by the INS and the Board of Immigration Appeals, and summary of proposed legislation. The synopsis should serve as a guide to further research in the immigration laws of the United States.
Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall
Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall
San Diego Law Review
This Synopsis of developments in the immigration laws of the United States focuses on the new areas of law in which there significant developments from October 1979 to September 1980. In addition to summaries of major judicial decisions and administrative actions, the discussion will include a review of recently enacted legislation, regulations promulgated pursuant thereto, and a summary of significant proposed legislation.
A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert
A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert
San Diego Law Review
This Comment examines the development of the law with respect to corporate defamation, with particular focus on the Supreme Court's decision in Gertz v. Robert Welch, Inc. The author argues that the Court's creation of the public figure/private figure formula is problematic when applied to corporate defamation plaintiffs. The author addresses the various problems presented by this formula in light of the goals of the defamation privilege and proposes various solutions to these problems.
Comments On "A Specialized Statutory Immigration Court", James J. Orlow
Comments On "A Specialized Statutory Immigration Court", James J. Orlow
San Diego Law Review
Continuing in the critique of Mr. Roberts' proposal for the creation of an independent article I immigration court, the author argues that, while Mr. Roberts presents salient points, his proposal is inappropriate except to the extent that the adjudicative process can be separated from the enforcement agency. The author argues that an independent immigration court would over-judicialize the immigration process, and further argues that such a court would not be vested with judicial authority pursuant to the constitution.
Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts
Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts
San Diego Law Review
This Article, written by the retired Chairman of the Board of Immigration Appeals, examines the existing mechanisms for formal adjudication of excludability and deportability under immigration and nationality laws. The author analyzes the shortcomings which have contributed to the system's malfunctioning, and concludes that a major factor is the conflicting roles played by the Immigration and Naturalization Service. The author reviews various alternatives which would remove such determinations from INS' control, and proposes a special article I immigration tribunal, completely outside the Department of Justice, and presents a draft statute to create it.
Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs
Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs
San Diego Law Review
The authors offers another critique of Mr. Roberts' proposed creation of an independent article I immigration court. The author's agree that Mr. Roberts' proposal for an independent immigration court achieves the important goal of elevating the status of immigration judges and separating them from the enforcement policies of the INS. However, the authors argue that this proposal is inherently problematic because of the potential restriction of the roles of federal district courts and courts of appeals. The authors also suggest that Mr. Roberts' proposal does little to enhance the procedural rights of aliens, and argue that truly meaningful change can …
The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes
The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes
San Diego Law Review
The author agrees with Mr. Roberts' premise that change is needed in the adjudicatory process of immigration cases, but argues that less radical changes would better serve to overcome the present inadequacies of the system, while limiting the creation of new problems. The author argues that a better solution would be to transfer the adjudicatory role to a separate administrative court, under the Administrative Procedures Act. The author further argues that the adoption of the Federal Rules of Criminal Procedures or the Federal Rules of Civil Procedure to provide for a fair hearing, as well as securing adequate funding for …
Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony
Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony
San Diego Law Review
This Comment analyzes Kamheangpatiyooth v. INS, which dealt with the question of whether a brief and temporary absence from the United States interrupts continuous physical presence. The author discusses the important factors affecting physical presence and the effects of the Kamheangpatiyooth decision on those factors. The author argues that the Kamheangpatiyooth decision rejuvenated the ameliorative purpose of the suspension of deportation provision. The author concludes that the decision evidences a lenient attitude towards deserving, deportable aliens because aliens will be able to prove more easily both the continuous physical presence and the extreme hardship elements of a prima facia case …
The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins
The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins
San Diego Law Review
This Comment analyzes the administration of immigration laws that allow aliens preferred status on the basis of marriage to a U.S. citizen or resident alien. The author explains that recent court decisions have rejected attempts by the INS to require that such marriages be viable. The author argues that because the purpose of preferential treatment based on marriage is to unite the married couple, such treatment should be limited to those whose marriages are viable. The author explores the INS's current use of the viability requirement and examines various court decisions that have limited the use of marriage viability and …
The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.
The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.
San Diego Law Review
This Article reviews the historical background of our present immigration law and analyzes the policy goals of immigration law in light of the major contemporary issues that bear directly on the immigration act: population growth, the requirements of the labor force, family reunion, illegal immigration, and refugee admission. The authors contend that the immigration act in its present form does not adequately deal with the expanding nature of these problems, and offer recommendations to reconcile present deficiencies with recent and foreseeable world developments. The authors suggest reforms that would balance humanitarian goals with domestic, political, socioeconomic, demographic, and foreign policy …
Consequences Of Nationality In American Law, Michael Terry Hertz
Consequences Of Nationality In American Law, Michael Terry Hertz
San Diego Law Review
Nationality plays its principal role in immigration matters, but it has been put to significant uses in other areas of American law. This Article focuses on the consequences of the application of the nationality concept in constitutional law, civil rights legislation, taxation, and securities regulation. The author examines the functions which nationality has been required to fulfill and assesses the concept's capacity for accomplishing assigned legal tasks. The author criticizes the overbroad uses of nationality as a legal regulator, but finds that the concept can play a useful, though restricted, role in some areas.
The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes
The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes
San Diego Law Review
This Article addresses the impact of Operations Instructions, promulgated by the United States Immigration and Naturalization Service, and their impact on the determination of alien's rights. The author argues that these instructions can be more crucial to the determination of an alien's rights than the terms of the statute itself. The author suggests that the courts are slowly beginning to recognize that many such instructions have a substantial impact on aliens' rights and may sometimes convey very tangible substantive benefits. The author argues that the courts should more consistently treat these instructions as rules to be promulgated, implemented, and generally …
Limiting Congressional Denationalization After Afroyim, J. P. Jones
Limiting Congressional Denationalization After Afroyim, J. P. Jones
San Diego Law Review
This Comment discusses the constitutional aspects of loss of United States citizenship. The author contrasts expatriation with procedures developed by the state for involuntary deprivation of citizenship. The author further contrasts early judicial and legislative debates over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, the author suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.
To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch
To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch
San Diego Law Review
This Comment examines this issue of taxation of nonresident aliens. The author argues that nonresident aliens have varying degrees of activity in the United States because of business, family, or tourism. When this level of activity is of the requisite nature, an alien can be classified as a resident for United States income tax purposes, and that different treatment under the tax laws of residents and nonresidents makes this distinction important. The author examines income tax planning for the nonresident alien, who is married to a citizen or resident of the United States, and for the nonresident alien, who is …
Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.
Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.
San Diego Law Review
This Synopsis focuses on the recent developments in the field of immigration law, during 1978 to 1979. The discussion of the developments includes selected legislative enactments and regulations promulgated pursuant to said enactments, important judicial decisions, significant administrative actions taken by the Immigration and Naturalization Services and the Board of Immigration Appeals, and proposed legislation. The Synopsis serves as a brief summary of current events, and as a guide for further research into United States immigration law.
Foreword, Joshua Eilberg
Foreword, Joshua Eilberg
San Diego Law Review
Immigration is the root of America's national existence. The immigration process has fueled the growth of this country as well as shaped its character. Even the most cursory review of this country's history reminds us of the vital role played by immigrants in the development of the United States.
Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt
Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt
San Diego Law Review
This Article discusses the complex and unusual way in which the Immigration and Nationality Act of 1952 defines "child" to exclude natural fathers and their illegitimate children from the scheme for preferred immigration status while granting the same status to natural mothers and their illegitimate children. The author begins by discussing the importance of the term "legitimate" in the act and goes on to explain three ways an illegitimate child may still meet the Act's definition of "child" by fulfilling three requirements for legitimization: 1) sufficient acts of legitimization, 2) the age requirement, and 3) legal custody. The author finishes …
The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox
The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox
San Diego Law Review
This Article examines the conflict between Japanese and United States nationality laws. Due to the conflict in these laws, nearly 4000 Amerasian children could become stateless. The article reviews the two major conflicting principles of nationality laws, jus sanguines and jus soli, and then reviews both the Japanese & Unites States nationality laws. The article goes on to discuss the effects of statelessness including legal, social, and economic hardships. Finally the article discusses solutions to the dilemma through unilateral, bilateral, and multilateral actions.
Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald
Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald
San Diego Law Review
This Article discusses legislation passed by Congress in 1976 to drastically reduce the eligibility of alien physicians to enter the United States because of a fear of inferior medical services and a belief that such immigration was leading to a shortage of health care providers in some foreign nations. The article surveys the new requirements such as passing both medical and English competence examinations as well as obtaining individual labor certifications. The article goes on to discuss ways in which alien physicians can come to the Unites States without passing these examinations.
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
San Diego Law Review
This article discusses the economic impact of illegal aliens on the United States economy. The author starts by briefly addressing four different kinds of impacts on the United States from illegal immigration: Sociopolitical, Population, Labor standards, and Social welfare costs. The author then examines the impact of immigration on the market including general trends, the effect of immigration on the market in the current period, the fear of American workers being displaced from their jobs, and the impact on employment and wages. Next the author examines immigration policy both as an ethical problem and how to restrict illegal immigration. The …
Foreword, Griffin Bell
Foreword, Griffin Bell
San Diego Law Review
This foreword introduces the problem of undocumented aliens in the United States . The Attorney General briefly describes the President's new program for dealing with this problem which includes permanent resident status, temporary resident status, increased enforcement, employer sanctions, international relations, temporary migration, quota changes, and an interagency task force on immigration law.
Introduction, Leonel Castillo
Introduction, Leonel Castillo
San Diego Law Review
This introduction introduces the topic of immigration and the authors that have contributed articles to this issue. Contributing authors include: Maurice A. Roberts, Former Board of Immigration Appeals Chairman; Richard Plender, lawyer and advisor to the United Kingdom and Ireland on refugee situations; Charles Gordon, former INS General Counsel; Elwin Griffith; Walter Fogel, immigration scholar and researcher; Stephen H. Legomsky, former student director of the University of San Diego Immigration Clinic; and two student comments.
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
San Diego Law Review
This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief …
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
San Diego Law Review
This article by the form Chairman of the Board of Immigration Appeals examines the Board's function. The Board of Immigration Appeals is a quasi-judicial tribunal that is attached to the office of the Attorney General. The Board has never received statutory recognition and depends upon the Attorney General for its existence. The author argues that the Board should receive statutory recognition from Congress so that it can better fulfill its mission. The author begins with the origin and history of the Board. He then discusses how the Board has come to be the administrative institution that it is today. Finally …
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
San Diego Law Review
This article examines the plight of refugees and the international law that attempts to protect them. The author begins by discussing the rules of international law that currently govern the definition and admission of refugees for support from the United Nations High Commissioner for Refugees. The author goes on to discuss defects in the conventional definition of refugee which excludes about half the world's refugees from this support. Next the author addresses the Draft Convention on Territorial Asylum which is intended in part to overcome the shortcomings of previous treaties that have defined "refugee". The author concludes by calling for …
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
San Diego Law Review
This article is about the statutory relief available to some aliens whose violation of immigration laws would ordinarily subject them to deportation or exclusion. The author begins by discussing section 241(f) of the Immigration and Nationality Act, which provides relief in certain cases to aliens who otherwise would be deported if they have established close family relationship with American citizens or permanent residents. The author then addresses section 212(c) of the Act, which permits the Attorney General to exercise discretion to admit an alien who may be otherwise be excludable. Finally the author examines section 244(a)(1) of the Act, which …
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
San Diego Law Review
This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
San Diego Law Review
Although suspension of deportation was intended to ameliorate hardship, the process is extremely difficult for the alien. Statutory requirements are harshly construed, and discretion abitrarily exercised. The statute is hedged with restrictions that make relief difficult for the alien to attain. These obstacles clearly contradict the purpose behind section 244 as enunciated in Wadman v. Immigration and Naturalization Service. However, in spite the legislative purpose, the requirements are strictly construed and discretion inscrutably withheld, making suspension of deportation an illusory promise of relief.