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Articles 91 - 120 of 153
Full-Text Articles in Immigration Law
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
San Diego Law Review
This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …
Foreword, Alan K. Simpson
Foreword, Alan K. Simpson
San Diego Law Review
Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
San Diego Law Review
This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
San Diego Law Review
This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
San Diego Law Review
This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.
The International Entertainer Under United States Immigration Law, Charles C. Foster
The International Entertainer Under United States Immigration Law, Charles C. Foster
San Diego Law Review
This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
San Diego Law Review
This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.
In Defense Of The Permanent Resident: Alleged Defects Relating To Alien Labor Certifications, Richard D. Steel
In Defense Of The Permanent Resident: Alleged Defects Relating To Alien Labor Certifications, Richard D. Steel
San Diego Law Review
This Article addresses the defense of permanent resident aliens whose status is being challenged due to alleged defects or ineligibility surrounding the original labor certification process. These issues include such matters as not reporting to the sponsoring employer, terminating employment with the sponsor shortly after immigrating, not having the claimed or required experience, not being paid the required wage, or not having a validly issued alien labor certification. The analysis pf these issues and the possible defenses available vary depending on the procedural context in which the issue was raised. The article discusses these various factual patterns and possible defenses …
Foreword, Edward M. Kennedy
Foreword, Edward M. Kennedy
San Diego Law Review
The Articles in this issue of the San Diego Law Review represent an important contribution to the effort to strengthen our refugee and asylum laws. Through the Review's continuing attention to refugee and immigration issues, it is providing a unique forum for all who are concerned over our Nation's ability to respond to international migration and refugee problems. These problems pose important foreign policy issues for the United States and the international community. We know from recent history that massive movements of people can unbalance peace and stability. We know they can be a threat to peace as much as …
The Forty Year Crisis: A Legislative History Of The Refugee Act Of 1980, Deborah E. Anker, Michael H. Posner
The Forty Year Crisis: A Legislative History Of The Refugee Act Of 1980, Deborah E. Anker, Michael H. Posner
San Diego Law Review
This Article analyzes the legal responses of the United States to issues of refugee and asylum policy in the post-World War II period that culminates in the enactment of the 1980 Refugee Act. The article describes the consensus for a humanitarian, nondiscriminatory policy that led to the passage of the Refugee Act. This legislative history demonstrates the effort to develop a coherent and flexible refugee admission policy and to create statutory mechanisms to mediate the conflict between the executive and legislative branches over the control and standards for refugee admissions. The article evaluates the implementation of the Refugee Act, proposals …
Restructuring The Asylum Process, Ira J. Kurzban
Restructuring The Asylum Process, Ira J. Kurzban
San Diego Law Review
This Article critically analyzes present and proposed asylum procedures. The article focuses on three significant problems in the asylum process: (1) Structural defects within both the INS and the State Dept. Bureau of Human Rights and Humanitarian Affairs ("BHRHA"); (2) the conflict between the bureaucratic goals of the INS and legal norms; and (3) the maintenance of a foreign policy contrary to eliminating asylum flight. The article proposes significant changes in the asylum process, which would meet the organizational objectives of the INS while protecting asylum applicants from the erroneous denial of their claims. The article further proposes the elimination …
Illegal Immigration: Employer Sanctions And Related Proposals, Teresa Major Stewart
Illegal Immigration: Employer Sanctions And Related Proposals, Teresa Major Stewart
San Diego Law Review
This Comment examines the situation resulting from large numbers of undocumented aliens entering the United States. Particular attention is given to why legislative proposals of sanctions for employers who hire undocumented aliens should be enacted. In addition, recommendations of the President's Select Commission on Immigration and Refugee Policy and proposals for amnesty relief, and temporary worker programs are analyzed in relation to an overall immigration package. Congressional Review of Suspension of Deportation and the Doctrine of Separation of Powers It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. …
Congressional Review Of Suspension Of Deportation And The Doctrine Of Separation Of Powers, Mark Vranjes
Congressional Review Of Suspension Of Deportation And The Doctrine Of Separation Of Powers, Mark Vranjes
San Diego Law Review
It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. This Comment analyzes Chadha v. INS, a Ninth Circuit decision which constitutes the most recent attempt by the judiciary to resolve this long-standing issue. Chadha involves a challenge to the constitutionality of the congressional review of suspension of deportation as being a violation of separation of powers. The Comment suggests that the time has come for Congress to release its hold on the suspension process. This conclusion is based on an analysis of both practical and constitutional factors. The …
Significant Developments In The Immigration Laws Of The United States 1980-1981, Edward M. Gergosian
Significant Developments In The Immigration Laws Of The United States 1980-1981, Edward M. Gergosian
San Diego Law Review
This synopsis of developments in the field of immigration law focuses on the areas of the law in which there were significant changes from October 1980 through September 1981. The discussion includes important judicial decisions, significant administrative actions taken by the INS and the Board of Immigration Appeals, and summary of proposed legislation. The synopsis should serve as a guide to further research in the immigration laws of the United States.
Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall
Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall
San Diego Law Review
This Synopsis of developments in the immigration laws of the United States focuses on the new areas of law in which there significant developments from October 1979 to September 1980. In addition to summaries of major judicial decisions and administrative actions, the discussion will include a review of recently enacted legislation, regulations promulgated pursuant thereto, and a summary of significant proposed legislation.
A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert
A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert
San Diego Law Review
This Comment examines the development of the law with respect to corporate defamation, with particular focus on the Supreme Court's decision in Gertz v. Robert Welch, Inc. The author argues that the Court's creation of the public figure/private figure formula is problematic when applied to corporate defamation plaintiffs. The author addresses the various problems presented by this formula in light of the goals of the defamation privilege and proposes various solutions to these problems.
Comments On "A Specialized Statutory Immigration Court", James J. Orlow
Comments On "A Specialized Statutory Immigration Court", James J. Orlow
San Diego Law Review
Continuing in the critique of Mr. Roberts' proposal for the creation of an independent article I immigration court, the author argues that, while Mr. Roberts presents salient points, his proposal is inappropriate except to the extent that the adjudicative process can be separated from the enforcement agency. The author argues that an independent immigration court would over-judicialize the immigration process, and further argues that such a court would not be vested with judicial authority pursuant to the constitution.
Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts
Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts
San Diego Law Review
This Article, written by the retired Chairman of the Board of Immigration Appeals, examines the existing mechanisms for formal adjudication of excludability and deportability under immigration and nationality laws. The author analyzes the shortcomings which have contributed to the system's malfunctioning, and concludes that a major factor is the conflicting roles played by the Immigration and Naturalization Service. The author reviews various alternatives which would remove such determinations from INS' control, and proposes a special article I immigration tribunal, completely outside the Department of Justice, and presents a draft statute to create it.
Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs
Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs
San Diego Law Review
The authors offers another critique of Mr. Roberts' proposed creation of an independent article I immigration court. The author's agree that Mr. Roberts' proposal for an independent immigration court achieves the important goal of elevating the status of immigration judges and separating them from the enforcement policies of the INS. However, the authors argue that this proposal is inherently problematic because of the potential restriction of the roles of federal district courts and courts of appeals. The authors also suggest that Mr. Roberts' proposal does little to enhance the procedural rights of aliens, and argue that truly meaningful change can …
The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes
The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes
San Diego Law Review
The author agrees with Mr. Roberts' premise that change is needed in the adjudicatory process of immigration cases, but argues that less radical changes would better serve to overcome the present inadequacies of the system, while limiting the creation of new problems. The author argues that a better solution would be to transfer the adjudicatory role to a separate administrative court, under the Administrative Procedures Act. The author further argues that the adoption of the Federal Rules of Criminal Procedures or the Federal Rules of Civil Procedure to provide for a fair hearing, as well as securing adequate funding for …
Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony
Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony
San Diego Law Review
This Comment analyzes Kamheangpatiyooth v. INS, which dealt with the question of whether a brief and temporary absence from the United States interrupts continuous physical presence. The author discusses the important factors affecting physical presence and the effects of the Kamheangpatiyooth decision on those factors. The author argues that the Kamheangpatiyooth decision rejuvenated the ameliorative purpose of the suspension of deportation provision. The author concludes that the decision evidences a lenient attitude towards deserving, deportable aliens because aliens will be able to prove more easily both the continuous physical presence and the extreme hardship elements of a prima facia case …
The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins
The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins
San Diego Law Review
This Comment analyzes the administration of immigration laws that allow aliens preferred status on the basis of marriage to a U.S. citizen or resident alien. The author explains that recent court decisions have rejected attempts by the INS to require that such marriages be viable. The author argues that because the purpose of preferential treatment based on marriage is to unite the married couple, such treatment should be limited to those whose marriages are viable. The author explores the INS's current use of the viability requirement and examines various court decisions that have limited the use of marriage viability and …
The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.
The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.
San Diego Law Review
This Article reviews the historical background of our present immigration law and analyzes the policy goals of immigration law in light of the major contemporary issues that bear directly on the immigration act: population growth, the requirements of the labor force, family reunion, illegal immigration, and refugee admission. The authors contend that the immigration act in its present form does not adequately deal with the expanding nature of these problems, and offer recommendations to reconcile present deficiencies with recent and foreseeable world developments. The authors suggest reforms that would balance humanitarian goals with domestic, political, socioeconomic, demographic, and foreign policy …
Consequences Of Nationality In American Law, Michael Terry Hertz
Consequences Of Nationality In American Law, Michael Terry Hertz
San Diego Law Review
Nationality plays its principal role in immigration matters, but it has been put to significant uses in other areas of American law. This Article focuses on the consequences of the application of the nationality concept in constitutional law, civil rights legislation, taxation, and securities regulation. The author examines the functions which nationality has been required to fulfill and assesses the concept's capacity for accomplishing assigned legal tasks. The author criticizes the overbroad uses of nationality as a legal regulator, but finds that the concept can play a useful, though restricted, role in some areas.
The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes
The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes
San Diego Law Review
This Article addresses the impact of Operations Instructions, promulgated by the United States Immigration and Naturalization Service, and their impact on the determination of alien's rights. The author argues that these instructions can be more crucial to the determination of an alien's rights than the terms of the statute itself. The author suggests that the courts are slowly beginning to recognize that many such instructions have a substantial impact on aliens' rights and may sometimes convey very tangible substantive benefits. The author argues that the courts should more consistently treat these instructions as rules to be promulgated, implemented, and generally …
Limiting Congressional Denationalization After Afroyim, J. P. Jones
Limiting Congressional Denationalization After Afroyim, J. P. Jones
San Diego Law Review
This Comment discusses the constitutional aspects of loss of United States citizenship. The author contrasts expatriation with procedures developed by the state for involuntary deprivation of citizenship. The author further contrasts early judicial and legislative debates over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, the author suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.
To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch
To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch
San Diego Law Review
This Comment examines this issue of taxation of nonresident aliens. The author argues that nonresident aliens have varying degrees of activity in the United States because of business, family, or tourism. When this level of activity is of the requisite nature, an alien can be classified as a resident for United States income tax purposes, and that different treatment under the tax laws of residents and nonresidents makes this distinction important. The author examines income tax planning for the nonresident alien, who is married to a citizen or resident of the United States, and for the nonresident alien, who is …
Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.
Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.
San Diego Law Review
This Synopsis focuses on the recent developments in the field of immigration law, during 1978 to 1979. The discussion of the developments includes selected legislative enactments and regulations promulgated pursuant to said enactments, important judicial decisions, significant administrative actions taken by the Immigration and Naturalization Services and the Board of Immigration Appeals, and proposed legislation. The Synopsis serves as a brief summary of current events, and as a guide for further research into United States immigration law.
Foreword, Joshua Eilberg
Foreword, Joshua Eilberg
San Diego Law Review
Immigration is the root of America's national existence. The immigration process has fueled the growth of this country as well as shaped its character. Even the most cursory review of this country's history reminds us of the vital role played by immigrants in the development of the United States.
Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt
Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt
San Diego Law Review
This Article discusses the complex and unusual way in which the Immigration and Nationality Act of 1952 defines "child" to exclude natural fathers and their illegitimate children from the scheme for preferred immigration status while granting the same status to natural mothers and their illegitimate children. The author begins by discussing the importance of the term "legitimate" in the act and goes on to explain three ways an illegitimate child may still meet the Act's definition of "child" by fulfilling three requirements for legitimization: 1) sufficient acts of legitimization, 2) the age requirement, and 3) legal custody. The author finishes …