Immigration Law Commons^™

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Faculty Scholarship

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: The Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns

Indiana Journal of Global Legal Studies

No abstract provided.

Trends. Discretion, No Discretion: Travails Of The Immigration And Naturalization Service, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the political reaction to actions of the United States Immigration and Naturalization Service, and the role of 'discretion.'

Nativism, Terrorism, And Human Rights—The Global Wrongs Of Reno V. American-Arab Anti-Discrimination Committee, Berta E. Hernández-Truyol

UF Law Faculty Publications

The American-Arab Anti-Discrimination Committee decision (American-Arab or AADC) is the most recent U.S. Supreme Court pronouncement regarding the intersection of immigration regulations and fundamental constitutional rights enjoyed by foreign subjects present within the United States. In American-Arab, the U.S. government commenced deportation proceedings against two legal permanent residents and six temporary visa holders on the basis of an ideological bias: the plaintiffs were alleged to be members of the Popular Front for the Liberation of Palestine (Popular Front or PFLP) — a charge all the plaintiffs denied. The Supreme Court's ruling endorsing the legality of the government's …

The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero

Faculty Scholarship

This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …

Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin

The Scholar: St. Mary's Law Review on Race and Social Justice

Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994.  Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

The

Indiana Journal of Global Legal Studies

is pleased to announce the

publication of its fifth annual Immigration Project. Every fall, the

Journal

publishes a series of student papers documenting important developments and

trends in immigration or transiency-related legal issues. The papers in the

Immigration Project are intended to create a point of reference for further

research and scholarship. Notes provide in-depth substantive analysis of

topics that reflect recent developments in immigration law. Trend papers

document new or recurring issues surrounding different aspects of

immigration.

Scheherezade Meets Kafka: Two Dozen Sordid Tales Of Ideological Exclusion, Susan M. Akram

Faculty Scholarship

More than two dozen immigrants' in the United States are facing deportation² or removal ³ proceedings based primarily on evidence that the Immigration and Naturalization Service ("INS") has refused to disclose because it is "classified.", ⁴ The use of secret evidence in deportation proceedings is the most powerful tool in an apparently systematic attack by U.S. governmental agencies on the speech, association and religious activities of a very defined group of people: Muslims, Arabs, and U.S. lawful permanent residents of Arab origin residing in this country. Evidence emerging from these cases indicates that the government is spending thousands of …

Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor

International Bulletin of Political Psychology

This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson

St. Mary's Law Journal

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …

Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman

Michigan Journal of International Law

This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …

Immigration And The New Nativism: A Review Essay (Reviewing Immigrants Out! The New Nativism And The Anti-Immigrant Impulse In The United States, Edited By Juan F. Perea), Harvey Gee

Oklahoma Law Review

No abstract provided.

Non-Immigration Visa Fraud: Proposals To End The Misuse Of The L Visa By Transnational Criminal Organizations As A Method Of Illegal Immigration, Amy Mccallen

Vanderbilt Journal of Transnational Law

This Note examines why the L visa is particularly vulnerable to multinational fraud and proposes both a domestic and an international solution to combat this abuse. Part II of this Note addresses the governmental policies behind the L visa. This section provides an overview of the origins of the transnational company and discusses the reasons why Congress created the L visa to meet the needs of this specialized segment of international business.

Part III analyzes the bifurcated approval process for an L visa. This section surveys the requirements for the L visa and discusses why Congress believed these requirements were …

Legal U.S. Immigration: Influences On Gender, Age, And Skill Composition, Michael J. Greenwood, John M. Mcdowell

Upjohn Press

The authors develop empirical models that enable them to examine the influence of two important determinants - source country characteristics and U.S. immigration policy - on the gender, age, and skills of immigrants coming to America.

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

Publications

Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

The World Refugee Regime In Crisis: A Failure To Fulfill The Burden-Sharing And Humanitarian Requirements Of The 1951 Refugee Convention, Susan M. Akram

Faculty Scholarship

Professor Musarat-Akram provided several examples which illustrate the crisis of the international refugee regime. Specifically, they illustrate, first, that the protections offered so generously in the language and purpose of the 1951 Refugee Convention⁷ are more European and-Western-centered than ever before.

Second, they illustrate some of the restrictionist policies by which Western and industrialized states have succeeded in confining huge refugee flows to the most impoverished and least developed states in the world.

Third, they illustrate that the initial limitations inherent in the 1951 Refugee Convention have now been exacerbated by state practice which interprets the Convention language and …

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff

American University Law Review

No abstract provided.

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Faculty Scholarship

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Immigration Law And The Criminal Alien: A Comparison Of Policies For Arbitrary Deportations Of Legal Permanent Residents Convicted Of Aggravated Felonies, Brent K. Newcomb

Oklahoma Law Review

No abstract provided.

The ‘New World’ Of Judicial Review Of Removal Orders, Lenni B. Benson

Articles & Chapters

No abstract provided.

Changing The Rules: Arguing Against Retroactive Application Of Deportation Statutes, Anjali Parekh Prakash

Scholarly Articles in Law Reviews & Journals

By failing to prescribe its temporal reach, section 440(d) of the Anti-Terrorism Effective Death Penalty Act (AEDPA) has created confusion for the courts. Does the provision apply to individuals who committed a crime, making them subject to deportation before AEDPA was passed? To individuals who were convicted prior to AEDPA? To those in deportation proceedings when AEDPA was passed? To those who had already applied for section 212(c) waivers when AEDPA was passed?

Using section 440(d) as a case study to analyze these retroactivity issues, this Note opposes the Attorney General’s interpretation and instead proposes an antiretroactivity presumption applicable not …

Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis

University of Miami Inter-American Law Review

No abstract provided.

Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss

Publications

No abstract provided.

Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero

Faculty Scholarship

This article suggests that the Supreme Court's 1995 decision in Adarand Constructors, Inc. v. Peña constitutes a starting point for a renewed dialogue on the intersection of race, noncitizens' rights, and immigration law.

Part I of this Article examines the historical foundations of the plenary power doctrine up to the current dichotomy between judicial review of state and federal alienage classifications under equal protection. Part II reviews the Adarand decision, arguing that Justice O'Connor's congruence principle provides the bulwark for a revision of judicial review of federal legislation, especially in light of the historical and continuing perception of Asian- and …