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Articles 61 - 83 of 83
Full-Text Articles in Immigration Law
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Washington Law Review
Current U.S. immigration law provides for the exclusion of all aliens who are "determined ... to have a communicable disease of public health significance. In addition to numerous sexually transmitted diseases such as infectious syphilis and gonorrhea, "communicable diseases of public health significance" include infectious tuberculosis and human immunodeficiency virus (HIV). The first portion of this Article provides a brief overview of the history and epidemiology of tuberculosis, as well as the diagnosis and management of the disease. The Article next reviews current information on tuberculosis in immigrant populations and proceeds to a discussion of U.S. immigration processes relating to …
A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett
A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett
Washington Law Review
This article explores the place of international law in the immigration policy process in four settings: (1) the tentative and ultimately failed efforts of the executive and the judiciary to keep Congress within the bounds of internationally law-abiding conduct with respect to Chinese exclusion; (2) the almost complete disregard by Congress and the executive of international norms concerning health-related travel restrictions relating to HIV/AIDS; (3) Congressional inaction in the face of executive and judicial hypocrisy toward fundamental principles of refugee law in relation to interdiction of asylum-seekers; and (4) the emergence of a perverse canon presuming the abrogation of uncodified …
The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky
The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky
Washington Law Review
Thus, there are three features of immigration policy to consider in combination: First, its repercussions are powerful and widespread. Second, with so many conflicting priorities to juggle, the decisions depend heavily on personal values and ideologies. Third, with so many different interest groups in the mix, decisions on immigration policy tend to be shamelessly vulnerable to constituent pressures. What all three factors have in common is that they accentuate the importance of choosing the right decisionmaker. The high impact means that much is at stake, and the last two features mean that the results will often turn on who the …
The Role Of Interest Groups In Policy Formulation, Warren R. Leiden
The Role Of Interest Groups In Policy Formulation, Warren R. Leiden
Washington Law Review
In the immigration field, as in most areas of national policy, advocacy groups play an important and sometimes essential role in the policymaking process. Often derided as "special interests" and accused of opposing the "public interest," advocacy organizations are in fact manifestations of the public and give voice to the concerns of specific segments of it. This article will examine how advocacy groups determine policy positions and activities and the nature of their role in the making of public policy on immigration matters.
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
Washington Law Review
This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.
Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw
Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw
Washington Law Review
Many such pattern and practice cases have been filed :in the past, and we can expect that such cases will continue to arise in the future. At this point, it is unsettled whether and under what circumstances district courts have jurisdiction to hear pattern and practice cases. In this article, I consider the case law that has developed in the context of the legalization program. In part I, I describe the legalization program established by Congress and explain the unlawful manner in which the program was implemented by the Immigration Service, adversely affecting hundreds of thousands of applicants. In part …
An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson
An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson
Washington Law Review
My contribution to the Symposium considers how Proposition 187 fits into the peculiar politics of immigration, which in many ways are without parallel. The hope is to shed light on the dynamics culminating in the passage by the California electorate of a measure that in time may prove to be a watershed in immigration policymaking. In analyzing Proposition 187, this Article generally considers the risks posed to discrete and insular minorities by the initiative process and the difficulties in mounting legal challenges under current constitutional doctrine to democratic subordination of minority interests through initiatives. It raises serious questions about whether …
Making Asylum Policy: The 1994 Reforms, David A. Martin
Making Asylum Policy: The 1994 Reforms, David A. Martin
Washington Law Review
The asylum reforms adopted in 1994 provide an intriguing glimpse into the making of immigration policy in the media spotlight—an intermittent spotlight, in this policy domain, with a short attention span. My primary aim here is to capture the history of those reforms, as it appeared to an outsider who was invited to play an insider's role as a nearly full-time consultant to the Immigration and Naturalization Service (INS) during certain crucial months in summer and fall 1993. The account should also help clarify certain central features of the reforms and offer some insight into key decisions in their shaping. …
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Washington Law Review
Under the exclusion provisions of the Immigration and Nationality Act (INA), an alien admitted to the United States for permanent residence can be prohibited from reentering the United States after a trip out of the country. Because exclusion grounds differ from deportation grounds, permanent resident aliens who are not deportable could leave the country and find themselves excluded at the border upon return. The INA provides relief in such cases by allowing permanent resident aliens who have lived in the United States for over seven years to apply for a discretionary waiver of exclusion grounds under INA § 212(c). In …
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Washington International Law Journal
In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Articles
No abstract provided.
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Washington Law Review
In INS v. Elias-Zacarias, the Supreme Court examined the definition of "refugee" under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not "persecution on account of political opinion" as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court's reasoning and concludes that Congress should enact legislation nullifying the Court's decision.
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …
Review Of Visa Denials By Consular Officers, James A.R. Nafziger
Review Of Visa Denials By Consular Officers, James A.R. Nafziger
Washington Law Review
United States consular officers stationed abroad exercise enormous discretion in deciding whether to grant or deny applications for visas by foreign citizens. The process for reviewing visa denials is exceptionally limited. Federal rules and regulations and consular practices do provide for internal review of visa denials, members of Congress and the media occasionally press for review of individual cases, and the Visa Office in the Department of State issues advisory opinions from time to time on matters of both fact and law. This process is, however, inadequate for several reasons. Time and budgetary constraints generally prevent consular officers from recording …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton
Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton
Washington Law Review
With the passage of the Refugee Act of 1980, the United States took an important step toward fulfilling its international human rights obligations. The Act significantly changed American asylum law and the federal courts have played a major role in interpreting the resulting changes. Because of this, the courts often have the last word in determining the practical nature of the human rights commitments embodied in the Refugee Act. In Sanchez-Trujillo v. INS, the Ninth Circuit Court of Appeals played the role of interpreter in outlining the parameters of a "particular social group" subject to a well-founded fear of persecution. …
The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
Washington Law Review
In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …
The Constitutional Rights Of Excludable Aliens: History Provides A Refuge, Tamara J. Conrad
The Constitutional Rights Of Excludable Aliens: History Provides A Refuge, Tamara J. Conrad
Washington Law Review
This Comment will explore questions left unanswered by the Court in Jean v. Nelson. In examining the scope of the government's exclusion power and the constitutional position of the excludable alien, this Comment proposes a new framework for analyzing the government's authority over immigration law generally. The proposed framework consists of a two part test which is based on a reexamination of two early Supreme Court immigration decisions. The first prong of the test defines and limits the scope of the government's plenary power over immigration through a framework derived from Wong Wing v. United States." The second prong is …
A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg
A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg
Washington Law Review
This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …
Constitutional Law—Immigration: Meiklejohn Theory Of The First Amendment Applied In The Immigration Context—Mandel V. Mitchell, 325 F. Supp. 620 (E.D.N.Y.), Appeal Docketed 40 U.S.L.W. 3035 (U.S. July 13, 1971), Anon
Washington Law Review
Ernest Mandel, a noted Belgian economist and a Trotskyite Marxist, was invited to participate as a speaker and panelist in a conference at Stanford University. He was denied a visa pursuant to two subsections of the Immigration and Nationality Act of 1952. Subsection 212(a)(28)(D) excludes "Aliens... who advocate the economic, international, and governmental doctrines of World communism;..." and subsection 212(a)(28)(G)(v) bars "Aliens who write or publish ... or who knowingly circulate ... any written or printed matter, advocating or teaching ... the economic, international and governmental doctrines of world communism.. . . " Although Mandel had been granted visas for …
Immigration Law—Deportation: What Fraud Hath Wrought Together Let No Man Put Asunder—Muslemi V. Immigration And Naturalization Service, 408 F.2d 1196 (9th Cir. 1969), Anon
Washington Law Review
Petitioner, an alien, entered the United States on a temporary visitor visa after being denied an immigrant visa because the quota for his country was oversubscribed. Five days after he was notified that deportation proceedings were being initiated against him due to expiration of his visa, petitioner married a United States citizen. His petition for permanent residence on the basis of that marriage was granted by a special inquiry officer, but the decision was reversed by the Board of Immigration Appeals [hereinafter referred to as the Board] . Petitioner moved for reconsideration urging that his deportation be suspended pursuant to …
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Washington Law Review
This article considers the basis and limit of the constitutional power to deport aliens who have become settled residents of the United States