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Articles 121 - 150 of 153
Full-Text Articles in Immigration Law
The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox
The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox
San Diego Law Review
This Article examines the conflict between Japanese and United States nationality laws. Due to the conflict in these laws, nearly 4000 Amerasian children could become stateless. The article reviews the two major conflicting principles of nationality laws, jus sanguines and jus soli, and then reviews both the Japanese & Unites States nationality laws. The article goes on to discuss the effects of statelessness including legal, social, and economic hardships. Finally the article discusses solutions to the dilemma through unilateral, bilateral, and multilateral actions.
Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald
Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald
San Diego Law Review
This Article discusses legislation passed by Congress in 1976 to drastically reduce the eligibility of alien physicians to enter the United States because of a fear of inferior medical services and a belief that such immigration was leading to a shortage of health care providers in some foreign nations. The article surveys the new requirements such as passing both medical and English competence examinations as well as obtaining individual labor certifications. The article goes on to discuss ways in which alien physicians can come to the Unites States without passing these examinations.
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
San Diego Law Review
This article discusses the economic impact of illegal aliens on the United States economy. The author starts by briefly addressing four different kinds of impacts on the United States from illegal immigration: Sociopolitical, Population, Labor standards, and Social welfare costs. The author then examines the impact of immigration on the market including general trends, the effect of immigration on the market in the current period, the fear of American workers being displaced from their jobs, and the impact on employment and wages. Next the author examines immigration policy both as an ethical problem and how to restrict illegal immigration. The …
Foreword, Griffin Bell
Foreword, Griffin Bell
San Diego Law Review
This foreword introduces the problem of undocumented aliens in the United States . The Attorney General briefly describes the President's new program for dealing with this problem which includes permanent resident status, temporary resident status, increased enforcement, employer sanctions, international relations, temporary migration, quota changes, and an interagency task force on immigration law.
Introduction, Leonel Castillo
Introduction, Leonel Castillo
San Diego Law Review
This introduction introduces the topic of immigration and the authors that have contributed articles to this issue. Contributing authors include: Maurice A. Roberts, Former Board of Immigration Appeals Chairman; Richard Plender, lawyer and advisor to the United Kingdom and Ireland on refugee situations; Charles Gordon, former INS General Counsel; Elwin Griffith; Walter Fogel, immigration scholar and researcher; Stephen H. Legomsky, former student director of the University of San Diego Immigration Clinic; and two student comments.
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
San Diego Law Review
This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief …
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
San Diego Law Review
This article by the form Chairman of the Board of Immigration Appeals examines the Board's function. The Board of Immigration Appeals is a quasi-judicial tribunal that is attached to the office of the Attorney General. The Board has never received statutory recognition and depends upon the Attorney General for its existence. The author argues that the Board should receive statutory recognition from Congress so that it can better fulfill its mission. The author begins with the origin and history of the Board. He then discusses how the Board has come to be the administrative institution that it is today. Finally …
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
San Diego Law Review
This article examines the plight of refugees and the international law that attempts to protect them. The author begins by discussing the rules of international law that currently govern the definition and admission of refugees for support from the United Nations High Commissioner for Refugees. The author goes on to discuss defects in the conventional definition of refugee which excludes about half the world's refugees from this support. Next the author addresses the Draft Convention on Territorial Asylum which is intended in part to overcome the shortcomings of previous treaties that have defined "refugee". The author concludes by calling for …
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
San Diego Law Review
This article is about the statutory relief available to some aliens whose violation of immigration laws would ordinarily subject them to deportation or exclusion. The author begins by discussing section 241(f) of the Immigration and Nationality Act, which provides relief in certain cases to aliens who otherwise would be deported if they have established close family relationship with American citizens or permanent residents. The author then addresses section 212(c) of the Act, which permits the Attorney General to exercise discretion to admit an alien who may be otherwise be excludable. Finally the author examines section 244(a)(1) of the Act, which …
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
San Diego Law Review
This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
San Diego Law Review
Although suspension of deportation was intended to ameliorate hardship, the process is extremely difficult for the alien. Statutory requirements are harshly construed, and discretion abitrarily exercised. The statute is hedged with restrictions that make relief difficult for the alien to attain. These obstacles clearly contradict the purpose behind section 244 as enunciated in Wadman v. Immigration and Naturalization Service. However, in spite the legislative purpose, the requirements are strictly construed and discretion inscrutably withheld, making suspension of deportation an illusory promise of relief.
Foreword, Edward M. Kennedy
Foreword, Edward M. Kennedy
San Diego Law Review
Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience. Such a policy would be but a reaffirmation of old principles. It would be an expression of our agreement with George Washington that "the bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and …
Sex And The Immigration Laws, Maurice A. Roberts
Sex And The Immigration Laws, Maurice A. Roberts
San Diego Law Review
This Article will examine the various statutory provisions which have provoked official interest in the sex lives of aliens and the standards by which official judgments have been made. The question of how realistic some of the standards are and the impact of certain statutory provisions upon the overall problem of immigration law enforcement will also be discussed. Although most of the items treated derive from provisions of the present Immigration and Nationality Act, enacted in 1952, the provisions of prior legislation are also germane, for the current law has no statute of limitations and thus reaches back to make …
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
San Diego Law Review
This Article will discuss significant recent developments in immigration law. Important immigration legislation of the 94th Congress, regulations under the Immigration and Nationality Act since their yearly revision, and immigration decisions by the nation's courts within the past year will be noted and analyzed. The scope of this synopsis makes detailed analysis of each development impossible. However, interrelated developments will be discussed together and significant trends will be briefly explained.
The Nonpriority Program Of The Immigration And Naturalization Service Goes Public: The Litigative Use Of The Freedom Of Information Act, Leon Wildes
San Diego Law Review
The purpose of this Article is to make the practicing bar more fully aware of the nonpriority program. In addition, this Article will describe how the FOIA can be used as an information gathering device and as a litigation tool.
An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini
An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini
San Diego Law Review
Unfortunately, the provisions of section 212(a)(14) of the Immigration and Nationality Act appear to present the contradiction described in the above colloquy. In reality, the contradiction is created more in actual practice by employers than in the theory of labor certification. Nevertheless, major problems concerning labor certification procedures do exist. This Article will discuss the current problems of labor certification procedure by tracing the administrative process from application to review of denials and judicial review from jurisdiction to remedy.
Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman
Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman
San Diego Law Review
This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.
Right To Counsel In Deportation Proceedings, Iring A. Appleman
Right To Counsel In Deportation Proceedings, Iring A. Appleman
San Diego Law Review
Does an indigent alien have a right to assigned counsel in deportation proceedings? The likelihood seems remote because the statute states that "the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. Nevertheless, recent decisions have emphasized a persistent judicial concern in this area. This Article's purpose is to present an overview of the representation of aliens in deportation cases and specifically to inquire whether there is either an irrefutable legal basis for a requirement of assigned counsel or a felt need. …
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
San Diego Law Review
This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
San Diego Law Review
This Comment is addressed to the attorney who has had no previous exposure to immigration law. It collects from a myriad of sources the rules, regulations, and procedures required of an attorney to successfully immigrate an alien.
Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno
Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno
San Diego Law Review
The thesis of this Comment is that the foregoing contention cannot withstand careful examination. The Government's need to conduct routine checkpoint operations is no greater than its need to conduct roving patrol operations. With the former, the intrusion on fourth amendment rights is as onerous, and the overall burden on lawful traffic is more considerable. In addition, the Court made several questionable factual assumptions and altered the traditional allocation of the burden of proof with respect to warrantless law enforcement conduct. This Comment will summarize the factual context of the case, examine the Ninth Circuit's holding, which the Supreme Court …
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray
San Diego Law Review
An understanding of the DeCanas decision is facilitated by an initial examination of the general elements of the preemption doctrine. A working definition of preemption will be given. This definition will be considered in its two forms: preemtion which is constitutionally mandated and that which is congressionally mandated.
Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo
Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo
San Diego Law Review
On October 20, 1976, President Ford signed into law a bill effecting the first major revisions of the Immigration and Nationality Act since the 1965 Amendments. The 1976 Amendment contains a number of noncontroversial provisions designed to eliminate inequalities between the Eastern and Western Hemisphere immigrant selection systems. However, it also contains two controversial provisions expected to have a major adverse impact on intending immigrants from the Western hemisphere in general, and from Mexico in particular.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
San Diego Law Review
The intent of this Article is to outline the clearly emerging constitutional standards which the Supreme Court has said attach to the broad powers granted to immigration officials. Historically, there was never any constitutional logic supporting the position that the fourth amendment's protections should not apply to immigration-related searches removed from the actual border. Recent judicial decisions support this conclusion.
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
San Diego Law Review
This Article is intended to explore the propriety of the rulings on section 2805 of the California Labor Code, enacted in 1971. That statute provides in pertinent part: "No employer shall knowingly employ an alien who is not entitled to lawful residence in the United States if such employment would have an adverse effect on lawful resident workers." The Author argues that the threshold question in constructing a uniform preemption theory should be whether the relevant subject matter is one which is inherently federal, i.e., it involves an area of law restricted to federal control because of constitutional mandates or …
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
San Diego Law Review
This Article examines the exercise of administrative discretion under the immigration laws under practical considerations. In terms of human misery, the potential impact of our immigration laws can hardly be overstated. With minor exceptions, the immigration laws operate directly and exclusively upon human beings whose hopes for future happiness in a realistic sense frequently depend on their ability to enter, or remain in, this land of freedom and opportunity. The statutes themselves contain a built-in potential for hardship which is to some extent unavoidable. To afford some opportunity for relief from the hardships that inevitably result from the application of …
Foreword, Peter W. Rodino Jr.
Foreword, Peter W. Rodino Jr.
San Diego Law Review
The immigration laws in our country have been influenced by population growth and distribution, as well as economic and political conditions both in the United States and foreign nations. Such influences have caused significant variations in patterns of immigration throughout our nation's history. It is important for us to remember our distinguished immigrant heritage when commenting upon past immigration policy and projecting as to the future of our immigration laws.
The Need To Modernize Our Immigration Laws, Charles Gordon
The Need To Modernize Our Immigration Laws, Charles Gordon
San Diego Law Review
The Author describes and discusses some statutory changes he believes to be desirable in immigration legislation. He argues that immigration legislature does not occupy a very high priority among Congressional concerns. Moreover, those who favor statutory revisions are often reluctant to propose them, since past experience has demonstrated to them that stirring the legislative pot may produce a stew even less palatable than that now available. The suggestions he proposes include simplifying the statutory structure and creating discretionary authority to waive grounds for exclusion.
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
San Diego Law Review
This brief Article discusses illegal immigration into the United States and its effects on the country. The Author argues that the problem of illegal immigration has grown to the point where it is out of control, and our nation faces the dim prospect of even greater numbers of aliens pouring into the country unless steps are taken soon to halt the movement.
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
San Diego Law Review
The major failure of present laws dealing with the immigration regulations is in the area of labor importation, certification and control. Over 90 percent of all problems facing the Immigration and Naturalization Service emanate from illegal-entrant alien workers. The purpose of this Article is to illustrate failures of the present laws, consider proposed remedies, and offer an alternative route for alleviation of the problem. The authors' proposal is directed toward further economic research, sociological studies and comprehensive political analyses to propose a legislative package which would completely supplant the present Act.