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Articles 61 - 90 of 172
Full-Text Articles in Immigration Law
Legal Immigration Reform, Alan K. Simpson
Legal Immigration Reform, Alan K. Simpson
San Diego Law Review
In this Article, Senator Simpson discusses Congress's sweeping legislation to control illegal immigration, the Immigration Reform and Control Act of 1996. Despite the passage of this legislation further legal immigration reform is still needed. The Article notes what reform is needed and addresses some of the major issues that Congress should consider when addressing it. Specifically, the two methods to achieve are (1) setting a national level of immigration which will be periodically reviewed by Congress and the Executive branch, and (2) increasing the number and proportion of visas granted to immigrants based on their skills or U.S. labor market …
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
A Research Agenda For Immigration Law: A Report To The Administrative Conference Of The United States, Stephen H. Legomsky
San Diego Law Review
In this Article, Professor Legomsky notes the increased degree of attention on, and the importance of, immigration law. Specifically, Congress amended the Immigration and Nationality Act (INA) and these amendments will require new administrative machinery and present new problems of both law and policy. In addition, numerous immigration bills have been introduced and more are inevitable. In light of this increased attention, the Administrative Conference of the United States set out to identify the specific areas of immigration law in which study of administrative procedures would be especially productive. At the request of the Conference, the author identifies thirteen immigration …
Implementing Family Unification Rights In American Immigration Law: Proposed Amendments, John Guendelsberger
Implementing Family Unification Rights In American Immigration Law: Proposed Amendments, John Guendelsberger
San Diego Law Review
In this Article, Professor Guendelsberger examines the provisions of American immigration law that impede the entry of immediate family members of permanent resident aliens. It focuses particularly on the numerical limitations - the annual ceiling and the per-country ceiling on preference category visas - which force applicants from countries of high immigration demand to wait for long periods of time before visas become available. As a result, spouses and minor children of some permanent resident aliens enter immediately, while those from countries like Mexico or the Philippines must wait as long as eight years. The situation is further exacerbated by …
Leave For Appeal: Departure As A Requirement For Review Of Deportation Orders, Peter J. Spiro
Leave For Appeal: Departure As A Requirement For Review Of Deportation Orders, Peter J. Spiro
San Diego Law Review
In this Article, Mr. Spiro addresses the congressional amendments to the Immigration Naturalization Act meant to combat the legal maneuvers calculated to defeat the execution of deportation orders. The addition of section 106 was meant to prohibit all appeals of deportation orders under which an alien had already departed the United States. The author analyzes the legislative history of the provision and notes that Congress intended to the departure rule to apply even in more egregious cases of INS misbehavior. The author discusses federal circuit law and finds that neither the rule nor its exception best serve the dual objectives …
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
San Diego Law Review
In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.
A Comparative Study Of The Legal Rights And Duties Of Lawful Aliens In The United States And The People's Republic Of China, James Kraus, Wang Huijun
A Comparative Study Of The Legal Rights And Duties Of Lawful Aliens In The United States And The People's Republic Of China, James Kraus, Wang Huijun
San Diego Law Review
In this Article, Messrs. Kraus and Huijun set forth a comparative study of the legal rights and duties of aliens residing in the United States and in the People's Republic of China. Historical patterns and practices regarding aliens are considered for their contribution to and influence on current law and policies. The core of the Article focuses on the treatment of aliens under current law in both countries, how that law functions, and future perspectives. It does so primarily by contrasting the legal and practical positions of lawful aliens, as opposed to citizens, in both countries.
Protection For Undocumented Workers Under The Flsa: An Evaluation In Light Of Irca, Susan Charnesky
Protection For Undocumented Workers Under The Flsa: An Evaluation In Light Of Irca, Susan Charnesky
San Diego Law Review
In Sure-Tan v. NLRB, the United States Supreme Court held that undocumented workers are protected under the National Labor Relations Act. This Comment argues that protection should be extended under the Fair Labor Standards Act. This Comment also looks at the Immigration Reform and Control Act of 1986 (IRCA), and argues that the passage of IRCA should not affect the right of undocumented workers to be protected and receive remedies under the labor laws.
Irca's Antidiscrimination Provisions: Protections Against Hiring Discrimination In Private Employment, Richard Magalski
Irca's Antidiscrimination Provisions: Protections Against Hiring Discrimination In Private Employment, Richard Magalski
San Diego Law Review
Employers who hire unauthorized aliens face strict penalties from the Immigration Reform and Control Act of 1986 (IRCA). Recognizing the potential for discrimination against authorized aliens and United States citizens of minority national origin, IRCA also provides an administrative procedure to handle these discrimination claims. This Comment examines how the current antidiscrimination protections of title VII and 42 U.S.C. § 1981 can be used to supplement the IRCA protections. The conclusion is that IRCA, title VII, and section 1981 can interact to provide adequate protection for those likely to be the target of discrimination.
Introduction, Daniel E. Lungren
Introduction, Daniel E. Lungren
San Diego Law Review
Immigration has been our heritage. It has largely determined who we are as well as who we will be. It is not merely a cliche-we are indeed a land of immigrants.
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman
San Diego Law Review
This Article examines the legal protections afforded by immigration law for victims of civil strife. Using the displaced victims of civil strife in El Salvador as an example, the author examines the predicament of such victims, surveys various solutions that exist under current law, and concludes that United States immigration law fails to offer relief or remedy. In light of these deficiencies, the author proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.
Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley
Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley
San Diego Law Review
This Synopsis highlights significant legal developments that occurred in immigration law in 1986. The Supreme Court decided only one immigration case during this period, dealing with the definition of "child" in Immigration and Nationality Act section 244 suspension of deportation cases. The lower federal courts were highly active, dealing with a wide range of important immigration issues. The most significant development in 1986 was the passage by the 99th Congress of the Immigration Reform and Control Act of 1986 (IRCA). Passage of IRCA culminates six years of congressional attempts to reach an agreement on immigration reform. Seemingly cutting both ways, …
The Immigration Reform And Control Act Of 1986, Daniel E. Lungren
The Immigration Reform And Control Act Of 1986, Daniel E. Lungren
San Diego Law Review
This Article examines the recent passage of the Immigration Reform and Control Act of 1986 (IRCA). The author discusses previous legislative attempts to control immigration and the legislative evolution of this new immigration reform bill. The author highlights the major provisions that are integral to comprehensive immigration reform legislation.
Detention Of Aliens, Paul Wickham Schmidt
Detention Of Aliens, Paul Wickham Schmidt
San Diego Law Review
This Article examines the general principles relating to detention of aliens in exclusion and deportation situations. The author surveys the legal issues in various important areas of the detention controversy. The author concludes by exploring how the Immigration and Naturalization Service can most effectively utilize detention in the future.
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy
San Diego Law Review
This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail …
Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin
Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin
San Diego Law Review
This Article analyzes the color of law standard in determining eligibility of noncitizens for public benefits, and outlines the impact of the Immigration Reform and Control Act of 1986 on benefit eligibility. The author reviews the legislative history and judicial construction of the standard, and proposes a working definition of "permanently residing. . . under color of law" that would include those aliens with implied or express permission to remain in the country, but exclude undocumented aliens and those who are temporarily present.
The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher
The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher
San Diego Law Review
This Comment addresses the issue of the potential tax liability of aliens present in the United States. The author argues that the first step in determining potential tax liability is the classification of an alien as either a resident or nonresident, and that Congress created two tests in an attempt to make the classification simple and objective. The author argues that the "green card" test accomplishes this congressional goal, while the "substantial presence" test is complicated and its exceptions depend on subjective criteria. The author concludes that, under the "substantial presence" test, residency determination is unpredictable and will likely result …
The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty
The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty
San Diego Law Review
This Comment examines the court's use of the political offense exception to extradition to find that fugitive Provisional Irish Republican Army members discovered in the United States are not extraditable to the United Kingdom. The author argues that the recent ratification of a supplementary extradition treaty with the United Kingdom virtually eliminates the political offense exception between the two countries. The author further argues that this treaty is contrary to the long-standing history and purpose of extradition and the political offense exception and presents a proposal for legislative reform.
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
Remedies For Undocumented Workers Following A Retaliatory Discharge, Joseph Nalven
San Diego Law Review
This Comment addresses the availability of remedies for undocumented workers for retaliatory discharge in light of the Supreme Court's decision in Sure-Tan, Inc. v. NLRB. The author suggests that, while courts traditionally hold that undocumented workers are "employees" under the National Labor Relations Act and are protected against retaliatory constructive discharges by employers, there is ambiguity as to the remedies available to undocumented workers who have been subject to such discharges. The author argues that, in Sure-Tan, the Court held that the affected workers could not receive back pay or reinstatement remedies until they were legally present in the United …
Significant Developments In The Immigration Laws Of The United States 1985, Diane H. Sparrow
Significant Developments In The Immigration Laws Of The United States 1985, Diane H. Sparrow
San Diego Law Review
This Synopsis highlights significant legal developments that occurred in the field of immigration in 1985. Although the Supreme Court decided only two cases concerning immigration law, the lower federal courts were highly active, especially with respect to issues evolving from illegal immigration. In 1985, increasing public debate in the United States over such issues as the sanctuary movement and the need for major immigration reform legislation evidenced the present lack of consensus as to the political, social, and economic effects which result from the flow of undocumented immigrants into this country.
Should Undocumented Aliens Be Eligible For Resident Tuition Status At State Universities, Nancy J. Brinkac
Should Undocumented Aliens Be Eligible For Resident Tuition Status At State Universities, Nancy J. Brinkac
San Diego Law Review
This Comment examines the eligibility rules governing residence tuition status at state universities and focuses on the limitations of the rules and their effect on the undocumented alien population. The author argues that tuition status at state colleges and universities is generally reserved for lawful residents and citizens only and analyzes this policy under equal protection doctrine. The author concludes that the discriminatory impact these rules have on undocumented aliens fails to promote a substantial governmental interest and thus violate the equal protection clause.
Foreword, Leon Wildes
Foreword, Leon Wildes
San Diego Law Review
As we proceed to celebrate the 100th Anniversary of the Statute of Liberty, it is appropriate that we pause to consider the direction which our immigration policy appears to be taking at this important juncture.
The Board Of Appellate Review Of The Department Of State: The Right To Appellate Review Of Administrative Determinations Of Loss Of Nationality, Alan G. James
San Diego Law Review
This Article, authored by the Chairman of the Board of Appellate Review, traces the origins and development of the Board of Appellate Review and examines its role as the adjudicator of appeals from the Department of State's administrative determinations of loss of nationality. The author examines various administrative and judicial decisions, focusing on the role of the appellate process in loss of nationality proceedings, and examines whether a citizen who performed a statutory expatriating act intended to relinquish "man's most basic right:" citizenship.
The Ninth Circuit And The Protection Of Asylum Seekers Since The Passage Of The Refugee Act Of 1980, Carolyn P. Blum
The Ninth Circuit And The Protection Of Asylum Seekers Since The Passage Of The Refugee Act Of 1980, Carolyn P. Blum
San Diego Law Review
This Article examines the Ninth Circuit Court of Appeal's decisions concerning the Refugee Act of 1980, with respect to its interpretation of the asylum and withholding of deportation provisions. The author provides an overview of the statutory language, and then reviews the Ninth Circuit's decisions on standard of proof, method of proof, and the five statutory bases which underlie any claim to asylum or withholding of deportation: race, religion, nationality, membership in a particular social group, and political opinion. The author further analyzes the court's interpretation of the term "persecution" under the asylum and withholding of deportation provisions. The author …
Actual Minimum Job Requirements In Labor Certifications: Application Of Title 20, Section 656.21(B)(6) Of The Code Of Federal Regulations To Experience Or Training Gained With The Employer, Lorna Rogers Burgess
Actual Minimum Job Requirements In Labor Certifications: Application Of Title 20, Section 656.21(B)(6) Of The Code Of Federal Regulations To Experience Or Training Gained With The Employer, Lorna Rogers Burgess
San Diego Law Review
This Article examines the affect of Title 20, Section 656.21(b)(6) of the Code of Federal Regulations on employers who seek to obtain labor certification for an alien who has previously worked abroad for employer. The author provides a detailed examination of the requirements under section 656.21(b)(6), as well as other regulatory provisions that have allowed the labor certification of aliens who have previously been employed by the employer. The author argues that, while Department of Labor regulations preclude application requirements other than the actual minimum requirements of the employer, certain departmental interpretations indicate that it is possible to require experience …
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
Ins V. Phinpathya: Literalist Statutory Interpretation In The Supreme Court, Eleanor Pelta
San Diego Law Review
This Article examines the Supreme Court's holding in INS v. Phinpathya, in which it interpreted the seven-year continuous presence requirement for suspension of deportation as a condition that allows for no interruptions whatsoever. The author examines the holding in order to highlight the difficulties inherent in both literalist statutory interpretation and the use of `legislative intent." The author analyzes the legislative history of the suspension statute and the decision of the Court in Phinpathya, and concludes that the Court's approach drains the presence requirement of substantive policy content. The author then proposes an alternate mode of interpretation, which would enlarge …
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
The Proper Role Of Discretion In Political Asylum Determinations, Arthurc. Helton
San Diego Law Review
This Article examines the limits of discretion in asylum adjudications. The author describes recent administrative and judicial decisions regarding discretion, including the Supreme Court decision in INS v. Stevic. The author continues on to analyze the limits of administrative discretion under the Refugee Act of 1980 and international law, including the Protocol relating to the Status of Refugees and customary international legal principles respecting family reunification. The author concludes that an unprincipled expansion of the role of discretion in asylum cases could threaten the right to apply for asylum in the United States.
Naturalization Of Filipino War Veterans, David W. Sherman
Naturalization Of Filipino War Veterans, David W. Sherman
San Diego Law Review
This Comment addresses the issues surrounding the naturalization of Filipino war veterans. The author summarizes the historical background of this problem and suggests that, although during World War II Congress expanded naturalization opportunities for thousands of foreign soldiers across the world, the INS purposefully deprived Filipino veterans of the opportunity to apply for American citizenship. The author examines the decisional law to determine the nature and status of the issues involved in the naturalization of Filipino veterans and comments on future issues that might affect the efforts of Filipino veterans to secure the benefits of the wartime naturalization legislation.
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
The Need For Regulation Of Artificial Insemination By Donor, Richard J. Doren
San Diego Law Review
This Comment examines some of the legal issues surrounding the increased use of conception by artificial insemination by donor. The author argues that, while artificial insemination is becoming increasingly significant, it continues to be practiced by doctors without any guidelines for donor selection or a standardized system of record keeping. The author examines the current state of the artificial insemination system and the potential dangers presented by this unregulated system. The author concludes by presenting a model statute for regulating artificial insemination by donor.
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
Defining A Single Entity For Purposes Of Section 1 Of The Sherman Act Post Copperweld: A Suggested Approach, Thomas W. Mcnamara
San Diego Law Review
This Comment examines the Supreme Court's recent decision in Copperweld Corp. v. Independence Tube Co., in which the Court ruled that a parent and wholly owned subsidiary were a single entity and were, therefore, incapable of violating section 1 of the Sherman Act, which proscribes joint activity between independent business entities that restrains trade. The author examines the intra-enterprise conspiracy doctrine, examines the various approaches used by the various circuits to determine when affiliated corporations should be considered a single entity, and evaluates two possible alternatives to these tests. The author concludes by proposing a new approach, which would seek …
Foreword, Maurice A. Roberts
Foreword, Maurice A. Roberts
San Diego Law Review
The editors and contributors to the San Diego Law Review deserve the sincere gratitude of the growing body of persons, lawyers, and lawmen alike, interested in the latest developments in the dynamic field of immigration and nationality law.