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Articles 1 - 30 of 64
Full-Text Articles in Immigration Law
Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr
Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …
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 Humane And Just Alternative For Canada, James C. Hathaway
The Humane And Just Alternative For Canada, James C. Hathaway
Articles
The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …
Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton
Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton
Indiana Law Journal
No abstract provided.
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 …
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
University of Miami Law Review
No abstract provided.
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Sanctuary: The New Underground Railroad, Daniel M. Brinks
Michigan Law Review
A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell
The Unfair Immigration-Related Employment Practices Provision: A Modicum Of Protection Against National Origin And Citizenship Status Discrimination, Fedric J. Bendremer, Lisa A. Heiden
The Unfair Immigration-Related Employment Practices Provision: A Modicum Of Protection Against National Origin And Citizenship Status Discrimination, Fedric J. Bendremer, Lisa A. Heiden
University of Miami Law Review
No abstract provided.
State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn
State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn
University of Miami Law Review
No abstract provided.
Legalization Under The Immigration Reform And Control Act Of 1986: Scope Of Confidentiality Provisions And Problems In Proving Residence, James Marx
University of Miami Law Review
No abstract provided.
Judicial Deference To The Chief Executive's Interpretation Of The Immigration Reform And Control Act Of 1986 Antidiscrimination Provision: A Circumvention Of Constitutionally Prescribed Legislative Procedure, Mark Johnson Boulris
University of Miami Law Review
No abstract provided.
Project Save: Can It Work?, Madelyn S. Lozano
Project Save: Can It Work?, Madelyn S. Lozano
University of Miami Inter-American Law Review
No abstract provided.
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 …
The Well-Founded Fear Of Persecution Standard In Asylum Proceedings: The Promise Of Solace For Refugees After Ins V. Cardoza-Fonseca, Michael E. Yates
The Well-Founded Fear Of Persecution Standard In Asylum Proceedings: The Promise Of Solace For Refugees After Ins V. Cardoza-Fonseca, Michael E. Yates
Loyola University Chicago Law Journal
No abstract provided.
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry
UIC Law Review
No abstract provided.
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
Northwestern Journal of International Law & Business
The United States Immigration Reform and Control Act of 1986 ("Act") signalled the beginning of a new era for United States immigration law.1 The first major revision of the nation's immigration policy in twenty-one years, the Act has had, and will continue to have, a profound impact both within the United States and abroad. The Act caused an extraordinary surge of apprehension and confusion in foreign communities and domestic workplaces, and has already produced dramatic effects throughout the world barely a year after its passage.
Aliens And The Burger Court, Bruno Joseph Bembi
Aliens And The Burger Court, Bruno Joseph Bembi
NYLS Journal of Human Rights
No abstract provided.
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman
Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.
Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan
St. Mary's Law Journal
Abstract Forthcoming.
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Faculty Scholarship
The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …