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Articles 61 - 70 of 70

Full-Text Articles in Immigration Law

The Diminishing Prospects For Legal Immigration: Clinton Through Bush, Donald S. Dobkin Jan 2006

The Diminishing Prospects For Legal Immigration: Clinton Through Bush, Donald S. Dobkin

St. Thomas Law Review

This article attempts to provide a thumbnail sketch of the major changes in immigration law and the political underpinnings attendant thereto in both the Clinton and Bush administrations. Having witnessed and felt these changes on a professional level, there remains little doubt in my own mind that the prospects for legal immigration since the mid 1990's have been diminished substantially.

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Avoiding Deportation By Vacating State Court Convictions, Robert G. Amsel Jan 2006

Avoiding Deportation By Vacating State Court Convictions, Robert G. Amsel

St. Thomas Law Review

It was tax season and Jim was working overtime again. As an accountant for the last eighteen years, Jim was used to this sort of thing this time of year. As he got into his car, after putting in a thirteen hour day, all Jim could think of was getting home to see his wife and three young children and climbing into bed for some much needed sleep. Unfortunately, Jim never made it home. In fact, he would never experience another day of freedom in this country.

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Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.

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Untied States: American Expansion And Territorial Deannexation, Christina Duffy Ponsa-Kraus Jan 2005

Untied States: American Expansion And Territorial Deannexation, Christina Duffy Ponsa-Kraus

Faculty Scholarship

At the beginning of the twentieth century the United States laid claim to an overseas empire, consolidating its victory in the Spanish-American War by adopting novel structures of colonial rule over a brace of newly acquired island territories. A set of Supreme Court decisions known collectively as the Insular Cases established the legal authorization for this undertaking. As the traditional story goes, they did so by holding that the U.S. Constitution did not "follow the flag" to the recently annexed possessions in the Pacific Ocean and the Caribbean Sea: thus unfettered, an ambitiously imperial nation could attend to the business …

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Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee Jan 2003

Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee

St. Thomas Law Review

A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means to be an American. Aleinikoff paints with broad theoretical strokes with academics in mind. Relying on theory, he asks readers to consider how the court has treated the issue of "citizenship" and how it has defined its boundaries and limitations. He also addresses the reasons why traditional notions of immigrant …

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Immigration Policy And The Expedited Removal Rule: Equality For Some, Justice For None, Nicholas Merlin Jan 2003

Immigration Policy And The Expedited Removal Rule: Equality For Some, Justice For None, Nicholas Merlin

St. Thomas Law Review

In the aftermath of September 11th, the world questioned how nineteen terrorists could have lived for so long in the United States without being detected. The media, once a champion for immigration woes, denounced immigration policy as a toothless farce, swaying to the pressure of activist groups. Naturally, America heightened its state of alert and tightened its fists, closing its borders until it could implement a system for weeding out "undesirable" aliens and monitoring potential threats to homeland security. Due to those restrictive measures, however, many asylum-seeking groups, which found it difficult to gain access to the United States before …

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Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor Mar 1999

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.

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Aggravating The Immigration Paradox: The Nicaraguan Adjustment And Central American Relief Act's Effect On U.S. Immigration Policy, Annette C. Escobar Jan 1999

Aggravating The Immigration Paradox: The Nicaraguan Adjustment And Central American Relief Act's Effect On U.S. Immigration Policy, Annette C. Escobar

St. Thomas Law Review

Part I of this Comment analyzes United States immigration policy in 1996 as differentiated from the change marked by NACARA. Part II briefly explains the Supreme Court's previous holdings on immigration issues and its interpretation of immigration law. The author concludes that the Court should hold that immigration law must comport with the Fifth and Fourteenth Amendments of the United States Constitution, both due process and equal protection. Part III demonstrates Congress' motivation in passing NACARA as well as the Act's general provisions. Part IV analyzes the effects and implications of NACARA. Specifically, it explains the Act's innate discriminatory tendencies, …

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Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies Jan 1994

Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies

St. Thomas Law Review

This Essay briefly examines three elements of Haitian and Holocaust refugee narratives which inspire disbelief. The first is the process of flight itself, along with its corollary, hiding. The second involves refugee denial of the threat of persecution, or of political involvement. The third concerns refugee deception at the time of entry into the United States. I argue that each of these categories creates a mismatch between refugee experience and the adversary system. The locus of disbelief of both Haitian and Holocaust refugees lies in the classic liberal tradition of negative rights, with its limited role for government, its rigid …

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Haitian Interdiction On The High Seas: A U.S. Policy Of Bias And Inconsistency, Juan C. Montes Jan 1993

Haitian Interdiction On The High Seas: A U.S. Policy Of Bias And Inconsistency, Juan C. Montes

St. Thomas Law Review

No abstract provided.

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