Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (16)
- Human Rights Law (7)
- Social and Behavioral Sciences (7)
- Political Science (5)
- Political Theory (4)
-
- Arts and Humanities (2)
- Constitutional Law (2)
- Courts (2)
- History (2)
- Jurisprudence (2)
- Law and Gender (2)
- Legal Studies (2)
- American Politics (1)
- American Studies (1)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Defense and Security Studies (1)
- Demography, Population, and Ecology (1)
- Econometrics (1)
- Economic History (1)
- Economic Policy (1)
- Economics (1)
- Ethnic Studies (1)
- European Law (1)
- Growth and Development (1)
- Health Law and Policy (1)
- Income Distribution (1)
- Keyword
-
- Immigration (13)
- Asylum (6)
- Immigration and Nationality Act (5)
- INA (4)
- United States (4)
-
- ACLU (3)
- El Salvador (3)
- Refugee (3)
- Asylum seekers (2)
- BIA (2)
- Board of Immigration Appeals (2)
- Border security (2)
- CBP (2)
- CDC (2)
- COVID-19 (2)
- Canada (2)
- Courts (2)
- DACA (2)
- DHS (2)
- DREAM Act (2)
- Department of Homeland Security (2)
- Deportation (2)
- Federal law (2)
- Human rights (2)
- Illegal migration (2)
- Immigrant rights (2)
- Immigrants (2)
- Immigration Act of 1990 (2)
- Immigration Reform and Control Act of 1986 (2)
- Immigration detention (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 172
Full-Text Articles in Immigration Law
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
A New Look At Actual Minimum Job Requirements And Experience In Similar Occupations And With The Same Employer: Balca's 20 C.F.R. Section 656.21 (B)(6), Lorna Rogers Burgess
San Diego Law Review
In this Article, Ms. Burgess discusses the Board of Alien Labor Certification Appeals (BALCA) which was created by an amendment to 20 C.F.R. § 656.26 and § 656.27. Ms. Burgess asserts that the creation of BALCA has significantly improved the system of adjudication of Applications for Alien Employment Certification. Though BALCA has exerted viable standards, these standards are far from providing analytically sound and practical guidance to practitioners and Certifying Officers. The author suggests that good lawyering in the future may improve BALCA's jurisprudence.
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
Towards The Cathedral: Ancient Sanctuary Represented In The American Context, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, discusses the historical roots of the power of the Church to provide sanctuary to those in fear of life and limb. Tracing its historical roots, the author identifies three elements of sanctuary - person, place, governmental check. He then demonstrates that the American Sanctuary Movement contains these defining elements of historical sanctuary. An analysis of the Sanctuary Movement concludes that, despite its different features and cultural locus, the Movement embodies the ancient elements of person, place and governmental check transformed, rather than transubstantiated by the American context.
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller
San Diego Law Review
In the Article, Mr. Miller demonstrates how cross-border direct investment in the U.S. through a foreign company's acquisition of a domestic business necessitates careful immigration planning. He speaks directly to the investor and shows that a main priority is the quick and efficient transfer foreign personnel and the employment of foreign graduates. Recognizing the complexity of federal statutes and regulations governing foreign investment, the author concludes that a foreign investor will need to quickly learn that an effective immigration strategy is necessary to successfully do business in the U.S.
Dual Nationality For Mexicans, Jorge A. Vargas
Dual Nationality For Mexicans, Jorge A. Vargas
San Diego Law Review
In 1995, the government of Mexico began seriously to consider amending its Constitution to allow for dual nationality, whereby a Mexican could be recognized as holding two nationalities at the same time. Legally, the concept prohibits Mexican nationals from voluntarily abandoning their nationality, even if they opt to become naturalized citizens of another country. Two questions arise as one considers dual nationality in Mexico. First, what has really influenced the philosophical change in Mexico regarding dual nationality? Second, why has Mexico started considering dual nationality now?
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
Entry: What Mama Never Told You About Being There, Kathrin S. Mautino
San Diego Law Review
This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …
Population, Immigration And Growth In California, Richard Sybert
Population, Immigration And Growth In California, Richard Sybert
San Diego Law Review
This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson
San Diego Law Review
The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
San Diego Law Review
The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …
An Immigration Policy For A Just Society?, Louis Henkin
An Immigration Policy For A Just Society?, Louis Henkin
San Diego Law Review
If it is a human right for every human being to choose where he or she would live, do not considerations of justice require a society to hold out its hand to such a contract? This Article explores the concept of justice, as it applies to immigration law in the United States. It examines the notion that the United States may have an obligation to accept people into the country based on considerations of justice. The author suggests that justice ought to imbue the immigration policy of the United States, and that policy would be different if justice was recognized …
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
San Diego Law Review
This Article explores Section 242B of the Immigration and Nationality Act, added by the Immigration Act of 1990. This provision stripped immigration judges of the discretion they had to determine whether a constitutionally required deportation hearing may take place in the alien's absence. The author examines three major issues of statutory interpretation that determine the extent of the hardships that this law may thrust upon aliens. These issues are: (1) the scope of the limits on the ability to rescind a deportation order made in the alien's absence, (2) the scope of the five-year disqualification provision which is triggered by …
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
San Diego Law Review
This Article addresses the process for providing asylum to immigrants in the United States. The Article argues that the statutory scheme, enacted as part of the Refugee Act of 1980, is not designed to handle the many thousands of asylum applications filed by foreign nationals who are physically present in the United States without the benefit of lawful immigration status. As a discretionary form of relief, asylum operates as a "backdoor" to regular permanent immigration status in this country. The author attempts to show that the judicial process is not well suited to resolve the remaining issues that fuel asylum …
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
San Diego Law Review
In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
An Agenda For The Commission On Immigration Reform, Carlos Ortiz Miranda
San Diego Law Review
This Article offers agenda topics for the members of the Commission on Immigration Reform (Commission) to consider in their deliberations in the early 1990s. The topics discussed in the Article cover those that Congress specifically requested the Commission to evaluate, as well as other topics that the Commission may have found within its authority to evaluate. Final recommendations made by the Commission to the Congress in its final report due in 1997 had the potential to shape legislative policy choices in the area of immigration reform during the first part of the twenty-first century.
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
Resistance To Military Conscription Or Forced Recruitment By Insurgents As A Basis For Refugee Protection: A Comparative Perspective, Arthur C. Helton
San Diego Law Review
This Article discusses certain instances in which claims for refugee protection could be recognized, even though they are asserted in the context of armed conflict and based on objection to participation in the conflict. While other nations rely on international principles to interpret treaty-derived terms in statutes governing refugee matters, the United States Supreme Court has ignored this convention in taking a restrictive approach to refugee protection. By narrowly construing the term "political opinion" and unduly focusing on the persecutor's state of mind, the Court has limited the scope of protection for thousands of legitimate asylum seekers. The decisions of …
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
San Diego Law Review
During the height of the Central American civil wars of the 1980s, the Ninth Circuit Court of Appeals established liberal precedent for granting asylum under the Immigration and Nationality Act to deportable aliens who had been threatened for resisting government or guerrilla service in their native countries because of their political opinions (including neutrality), whether expressed, implied, or imputed to them by those who meant them harm. However, in INS v. Elias-Zacarias, the Supreme Court reversed the Ninth Circuit and stated that an asylum applicant's political opinion may not be imputed to him by the actions of his alleged persecutors. …
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
Safe Haven For Salvadorans In The Context Of Contemporary International Law--A Case Study In Equivocation, Todd Howland, Amy Beer, Tim Everett, Evangeline Nichols Ordaz
San Diego Law Review
This Article analyzes the basis for safe-haven programs for refugees fleeing war and civil strife under contemporary principles of international law. The authors trace the development of safe-haven programs in the United States and offer an analysis and critique of the Temporary Protected Status program created by the Immigration and Nationality Act of 1990. Focusing on the struggle to gain safe haven for refugees from El Salvador, the authors review the United States government's historical use of safe haven programs as a political tool. Finally, the Article looks at how other countries have responded to refugee crises and suggests a …
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
San Diego Law Review
This Casenote examines the decision of Raven v. Deukmejian, decided in 1990 by the California Supreme Court. This decision held that a voters' initiative measure, which purported to vest all judicial interpretive power as to fundamental criminal defense rights, amounted to a revision of the state Constitution. The author discusses the impact and implications of this decision. Namely, the author finds that the decision will have an impact on the way future courts review constitutional challenges to the initiative process. The Casenote also discusses the reaffirmation of the court's position on state constitutional independence. The author concludes that the California …
The Fourth Amendment And The Ins: An Update On Locating The Undocumented And A Discussion On Judicial Avoidance Of Race-Based Investigative Targeting In Constitutional Analysis, Henry G. Watkins
San Diego Law Review
This Article identifies and discusses various legal theories being used to avoid consideration of the fourth amendment in the use of arbitrary law enforcement methods, most notably the targeting of racial minorities as suspects. The Article discusses the concept of consensual encounters: the presumption that most law enforcement contacts are voluntary encounters with the targets of the inquiry freely answering questions or consenting to a search. This approach renders it legally unnecessary to determine whether race played an undue part in the encounter. The Article also examines the point at which a "seizure" occurs, which is often crucial in determining …
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
San Diego Law Review
The notion of coverture is that a wife is subordinate to her husband and under his control. This Article describes the common law doctrine of coverture, and the history and impact of coverture in current immigration law. The Article examines the incorporation of the assumptions of coverture into early immigration laws and the failure of Congress to remove coverture premises from more recent immigration legislation. The impact of the law's perpetuation of coverture, or spouse domination, is described. The Article shows that the immigrants harmed by the spouse domination perpetuated by the law are overwhelmingly women. The author proposes legislative …
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
San Diego Law Review
This Article analyzes the renunciation of United States citizenship by the Hebrew Israelite Community, a small obscure religious cult. It examines the legal justification for the Department of State restoring citizenship to those who expatriated themselves. The Department of State recognized that pressure by the Hebrew Israelite Community leadership for its members to renounce their citizenship, whether intense or nominal, whether there were alternatives or not, was ipso facto coercion. The author finds that the Department of State's special policy and procedures to facilitate the restoration of citizenship to the former cult members is a welcome development. The Article examines …
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
San Diego Law Review
This Article examines some of the driving forces behind the "immigrant investor" category created by the Immigration Act of 1990. The authors find that the "immigrant investor" provision was motivated by a recognition that foreign investment is both beneficial and necessary to the U.S. economy. They also find that Congress was driven by an awareness that America must resist stiff competition from other countries for the foreign investor dollar. The Article examines the legislative history of the provision, as well as the forces responsible for its creation. The authors conclude that by enacting the investor employment-creation visa provision of the …
"Strike Three Yer Out!?": Examining The Constitutional Limits On The Use Of Prior Uncounseled Dwi Convictions To Impose Mandatory Prison Sentences On Repeat Dwi Offenders, Marty Jaquez
San Diego Law Review
This Comment examines the constitutional implications of using prior uncounseled DWI convictions to incarcerate repeat DWI offenders. The Comment reviews the Supreme Court decisions that established the right to court-appointed counsel for the indigent accused and examines the federal constitutional limitations on the collateral use of prior uncounseled DWI convictions. It also critically evaluates state court decisions involving the collateral use of prior uncounseled DWI convictions. The author concludes that, because an uncounseled conviction is inherently unreliable, it should not be used to mandatorily incarcerate a DWI repeat offender.
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
San Diego Law Review
Who cleans up, when and how, and who pays are critical questions in the cleanup of pollution. Many companies identified by the government as parties responsible for past hazardous waste releases were insured under Comprehensive General Liability policies. In AIU Ins. Co. v. Superior Court, decided in 1990, the California Supreme Court unanimously held that that these Comprehensive General Liability policies cover the cost of complying with cleanup procedures under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Thus, insurers must pay for the cleanup costs of pollution by the companies they insure. This Casenote examines this decision, …
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
Report Of The Committee On Immigration And Nationality Law Of The Association Of The Bar Of The City Of New York: An Analysis Of Discrimination Resulting From Employer Sanctions And A Call For Repeal, Martha F. Davis, Lucas Guttentag, Allan H. Wernick
San Diego Law Review
In this Article, Ms. Davis and Messrs. Guttentag and Wernick analysis the legislative history of the Immigration Reform and Control Act (IRCA) signed into law on November 6, 1998. Their analysis indicates that in preparing the Act, the Government Accounting Officer (GAO) adopted an unduly stringent standard, limiting the types of employment discrimination relevant to its inquiry, understating the level of discrimination reflected in the data and requiring quantification of the victims of any discrimination and evidence of a wide geographic or cross-industry spread of discrimination. After setting forth its analysis, the Committee on Immigration and Nationality Law of the …
Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo
San Diego Law Review
In this Article, Professor Musalo argues that fulfillment of the letter and spirit of the Refugee Act requires granting asylum to "conscientious objectors." The U.S. passed the Refugee Act in 1980 and set forth within it a definition of refugee. Overtime, the INS has advocated for a limitation to this definition and the Board of Immigration Appeals (Board) has generally acquiesced. As interpreted, the young man who flees his home country rather than be forced to join the military and participate in activities in violation of his religious, moral, or political convictions either can not seek political asylum in the …
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
Review Of Visa Denials: The American Consul As 20th Century Absolute Monarch, Leon Wildes
San Diego Law Review
In this Article, Mr. Wildes argues that the lack of any meaningful administrative or judicial review of the denial of United States entry visas is one of the major outrages of the American immigration system. The issue arises out of a denial of certiorari in Centeno v. Shultz, an appeal from the Fifth Circuit Court of Appeals. The Court of Appeals had held that a consular determination denying an alien's application for a visitor's visa to the U.S. was not subject to judicial review. The court argued it lacked jurisdiction. The author questions the power of Congress to limit the …
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves
San Diego Law Review
In this Article, Professor Graves argues that courts should neither pioneer nor acquiesce in attempts to reduce asylum eligibility to a level more "realistic" than that mandated by Congress. Mr. Graves argues that undue obstacles already exist for political asylum applicants. The government is raising the bar even higher by defining and applying the concept of "persecution" on account of "membership in a particular social group." In its attempts to define these words, the Judiciary has come into conflict with flexibility intended by Congress when it passed the Immigration and Nationality Act. The Article examines the congressional intent and the …
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
Restricting The Use Of Sound-Alikes In Commercial Speech By Amending The Right Of Publicity Statute In California, Katherine L. Blanck
San Diego Law Review
In this Comment, the author discusses the trend in the entertainment and advertising media of selling celebrity personas in connection with the promotion of commercial products. The trend has progressed such that advertisements are using an imitation of a celebrity voice to attract attention to a product. These advertisements are dubbed "sound-alike" commercials because they involve a third person attempting to sound like a particular celebrity. The author argues that the current legal framework is inadequate to protect the rights of the celebrity. He suggests that the California legislature amend the right of publicity statute to encompass these vocal imitations. …
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
Freitas After Villegas: Are Sneak-And-Peek Search Warrants Clandestine Fishing Expeditions, Gail Armist
San Diego Law Review
This Note examines federal circuit law in the area of covert warrants. Specifically it discusses a Second Circuit Court of Appeals decision upholding a warrant that authorized surreptitious entry into private premises in light of Ninth Circuit law striking down a similar warrant for failure to provide for reasonable post search notice. The author analyzes the potential effects of the Second Circuit's decision on the area of covert warrants in the Ninth Circuit and examines the constitutionality of these warrants. After placing the covert warrants in the context of the Constitution, Title III of the Omnibus Crime Control and Safe …
National Collegiate Athletic Association V. Tarkanian: If Ncaa Action Is Not State Action, Can Its Members Meaningfully Air Their Dissatisfaction, Susan Westover
San Diego Law Review
In National Collegiate Athletic Association v. Tarkanian, the United States Supreme Court held that the NCAA is not amenable to the constitutional restraints of the fourteenth amendment. Specifically, the Court found that certain conduct by the NCAA in its appellate procedures is not state conduct, a requirement necessary to invoke the fourteenth amendment. This Note addressed the significance of the Court's finding. It argues that adherence to the above rule may lead to an inequitable and inadequate procedure for student athletes and member schools. In conclusion, the Note presents a viable alternative for those members seeking fair procedural treatment when …