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Immigration Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 151 - 180 of 194

Full-Text Articles in Immigration Law

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw Jan 2009

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw

Cardozo Journal of Equal Rights & Social Justice

The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.

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Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz Jul 2008

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

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Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman Apr 2008

Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman

Cardozo Journal of International and Comparative Law

The note argues that incorporating Alternative Dispute Resolution (ADR) techniques into asylum adjudications can enhance the fairness and accuracy of credibility determinations. It proposes a two-step process, including preliminary fact-finding and early neutral evaluation, to address challenges such as cultural differences, trauma, and adversarial dynamics.

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Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin Apr 2008

Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Cardozo Journal of International and Comparative Law

The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.

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Wedlock, Blood Relationship, And Citizenship, Logan Bobo Jan 2008

Wedlock, Blood Relationship, And Citizenship, Logan Bobo

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …

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Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz Jan 2008

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.

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An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein Apr 2007

An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein

Cardozo Public Law, Policy & Ethics Journal

The note examines the history and challenges of guest worker programs in the United States, emphasizing the need for reforms that balance border security with humane and practical solutions. It critiques current visa systems for their inflexibility and exploitation risks, advocating for pathways to permanent residency and family reunification to address the growing undocumented population effectively.

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"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto Jan 2007

"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. military has historically been complicit in human trafficking, particularly through its involvement in prostitution near overseas bases, and that current legal and policy measures fail to adequately address this issue. While laws like the Trafficking Victims Protection Act (TVPA) and the Uniform Code of Military Justice (UCMJ) provide some framework, enforcement and penalties are insufficient to deter military personnel from contributing to trafficking. The article calls for stronger legal policies, enhanced education, and stricter penalties to combat this issue effectively.

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An Unwarranted Disparity: Granting Fast-Track Departures In Non-Fast-Track Districts, Evan W. Bolla Nov 2006

An Unwarranted Disparity: Granting Fast-Track Departures In Non-Fast-Track Districts, Evan W. Bolla

Cardozo Law Review

No abstract provided.

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Habeas Corpus, Judicial Review, And Limits On Secrecy In Detentions At Guantanamo, Jonathan Hafetz Oct 2006

Habeas Corpus, Judicial Review, And Limits On Secrecy In Detentions At Guantanamo, Jonathan Hafetz

Cardozo Public Law, Policy & Ethics Journal

The article examines the role of secrecy in post-9/11 counterterrorism detentions, particularly at Guantanamo Bay, and the legal challenges posed by the Detainee Treatment Act (DTA) and Military Commissions Act (MCA). These acts sought to limit habeas corpus jurisdiction, potentially restoring a system of unaccountable detentions. The analysis highlights how habeas corpus serves as a critical check on executive power, ensuring judicial review of detentions and transfers, and protecting against unlawful confinement. The Supreme Court's rulings in Rasul v. Bush and Hamdan v. Rumsfeld are central to this discussion, as they affirmed habeas protections and invalidated certain detention practices.

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Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney Oct 2006

Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security interests and procedural fairness in the use of secret evidence across non-Article III contexts, including military tribunals, Combatant Status Review Tribunals (CSRTs), and immigration courts. It examines the challenges of balancing government secrecy with individual rights, emphasizing the need for procedural safeguards to navigate this complex issue.

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A Long Road To Residency: The Legal History Of Salvadoran & Guatemalan Immigration To The United States With A Focus On Nacara, Eli Coffino Apr 2006

A Long Road To Residency: The Legal History Of Salvadoran & Guatemalan Immigration To The United States With A Focus On Nacara, Eli Coffino

Cardozo Journal of International and Comparative Law

The note examines the legal history of Salvadoran and Guatemalan immigration to the United States, focusing on the Nicaraguan Adjustment and Central American Relief Act (NACARA) of 1997. While NACARA provides relief for some Salvadoran and Guatemalan immigrants, it is criticized for its arbitrary eligibility deadlines and discretionary provisions, which treat these groups less favorably than Cubans and Nicaraguans. The note highlights the challenges in navigating U.S. immigration law and advocates for reforms to address these inequities.

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Toward A New Public Access Doctrine, Raleigh Hannah Levine Feb 2006

Toward A New Public Access Doctrine, Raleigh Hannah Levine

Cardozo Law Review

No abstract provided.

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Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver Feb 2006

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.

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Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford Jan 2006

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

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Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson Oct 2005

Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson

Cardozo Journal of International and Comparative Law

The article critiques the U.S. invasion of Iraq, arguing that its legality under international law is highly questionable due to the lack of Security Council authorization and its deviation from the U.N. Charter's provisions on the use of force. It also highlights the staggering financial and human costs of the war, emphasizing that the funds spent on the invasion could have addressed critical domestic and global challenges such as healthcare, education, and poverty. The article advocates for greater U.S. compliance with international law and encourages readers to reconsider the allocation of resources to achieve more equitable and ethical outcomes.

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Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan Jan 2005

Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan

Cardozo Journal of Equal Rights & Social Justice

The note argues that Afghan Western Women, who have adopted Western practices in defiance of traditional Islamic norms, should be granted asylum in the U.S. under the categories of religion, political opinion, or membership in a particular social group. These women face severe persecution, including physical harm, economic deprivation, and restrictions on education and employment, which meet the standards for asylum under U.S. and international law. The analysis emphasizes that their fear of persecution is well-founded due to Afghanistan's unstable governance and pervasive human rights abuses, making it imperative for the U.S. to recognize their unique challenges and provide protection.

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The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler Apr 2004

The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler

Cardozo Law Review

No abstract provided.

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Changes In Immigration Law And Practice After September 11: A Practitioner's Perspective, Asli U. Bali Dec 2003

Changes In Immigration Law And Practice After September 11: A Practitioner's Perspective, Asli U. Bali

Cardozo Public Law, Policy & Ethics Journal

The article examines the significant changes in U.S. immigration law and practice following the September 11 attacks, highlighting how these changes have eroded civil liberties, particularly for Arab and Muslim communities. It argues that the misuse of immigration laws as a tool for anti-terrorism has led to a shift towards a security-state apparatus, undermining constitutional protections and setting a dangerous precedent for future infringements on civil liberties.

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Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman Dec 2003

Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.

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National Security Entry Exit Registration System (Nseers), Kareem Shora Dec 2003

National Security Entry Exit Registration System (Nseers), Kareem Shora

Cardozo Public Law, Policy & Ethics Journal

The article argues that the National Security Entry-Exit Registration System (NSEERS) disproportionately targets Arab and Muslim individuals, violating their civil rights under the pretext of national security. It contends that the program exceeds the authority granted by Congress and is implemented in a discriminatory manner, leading to significant detentions and deportations without substantial security benefits.

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The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt May 2003

The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt

Cardozo Law Review

No abstract provided.

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Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso Jan 2002

Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.

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The Perceived Values Of Diversity, Then And Now, Peter H. Schuck Jul 2001

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.

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The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel Jan 2001

The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel

Cardozo Journal of International and Comparative Law

The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.

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Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish Nov 2000

Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish

Cardozo Law Review

No abstract provided.

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Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman Apr 2000

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

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Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price Oct 1999

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

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Stamka V. Minister Of The Interior, Mishael Cheshin, Dalia Dorner, Dorit Beinisch May 1999

Stamka V. Minister Of The Interior, Mishael Cheshin, Dalia Dorner, Dorit Beinisch

Translated Opinions

For many years, the Ministry of the Interior interpreted the Law of Return, 5710-1950, such that a non-Jew who married a Jewish Israeli citizen was entitled – upon marriage – to the status of a Jew under the Law of Return, and to the status of an oleh [Jewish immigrant] under the Nationality Law, 5712-1952. In 1995, the Ministry of the Interior changed its view. According to the new interpretation, that non-Jewish partner would not fall within the scope of the Law of Return, and consequently, would not be entitled to the rights granted a Jew, including the right to …

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"I Cannot Eat Air!": An Economic Analysis Of International Immigration Law For The 21st Century, Harry Valetk Apr 1999

"I Cannot Eat Air!": An Economic Analysis Of International Immigration Law For The 21st Century, Harry Valetk

Cardozo Journal of International and Comparative Law

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) introduced sweeping changes to U.S. immigration policy, significantly restricting benefits for immigrants and increasing enforcement measures. These changes have raised critical policy and constitutional concerns, particularly regarding their disproportionate impact on vulnerable populations such as the elderly and disabled. The article argues that the IIRIRA reflects broader structural issues, including the exploitation of cheap labor and the reinforcement of an ethnically divided class system. It also highlights the interplay between economic policies, such as the North American Free Trade Agreement (NAFTA), and the facilitation of illegal immigration.

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