Immigration Law Commons^™

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 …

Temporary Protection And Its Applicability To The Palestinian Refugee Case, Susan M. Akram

Faculty Scholarship

Temporary protection is widely regarded as an international legal norm that is now obligatory on states in certain circumstances with regard to their treatment of refugees, or persons fleeing “refugee-like” situations.(1) As a recognized status, it is the most recent of the three major possibilities for protection of refugees which a state can offer - the other two being the now-universal obligation of non-refoulement (“non-return”) and the non-obligatory protection of political asylum.

Temporary protection has special significance to the Palestinian refugee case. Since all states examining the issue, as well as the relevant United Nations bodies, universally interpret the international …

Secret Evidence Repeal Act Of 1999, Part 2: Hearing Before The H. Comm. On The Judiciary, 106th Cong., May 23, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil

Georgetown Law Faculty Publications and Other Works

Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …

Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.

The workshop examined key issues …

Secret Evidence Repeal Act Of 1999, Part 1: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Feb. 10, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Eugenic Laws Restricting Immigration, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram

Faculty Scholarship

This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the …

Reinterpreting Palestinian Refugee Rights Under International Law, And A Framework For Durable Solutions, Susan M. Akram

Faculty Scholarship

Background

The paper presented here is based on a much larger brief produced by two experts in international refugee law, Susan Akram and Guy Goodwin-Gill assisted by a team of law students at Boston University. Both the larger brief and the paper presented here argue for a re-interpretation of the current international refugee law which adequately expresses the principle of heightened protection for Palestinian refugees, a principle which had guided the drafting and consequent approval of international law and UN resolutions.

The author argues that the current lack of legal protection of Palestinian refugees derives from the misinterpretation of the …

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Immigrant Visa Distribution: The Case Of Mexico, Bernard Trujillo

Law Faculty Publications

No abstract provided.

Detention Of Asylum-Seekers In The United States, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The International Refugee Rights Regime, James C. Hathaway

Book Chapters

The origins of refugee rights are closely intertwined with the emergence of the general system of international human rights law. Like international human rights, the refugee rights regime is a product of the twentieth century. Its contemporary codification by the United Nations took place just after the adoption of the Universal Declaration of Human Rights, and was strongly influenced by the Declaration's nonnative structure. More fundamentally, however, the refugee rights regime draws heavily on the earlier precedents of the law of responsibility for injuries to aliens and international efforts to protect national minorities.

In this overview of the refugee rights …

Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick

Articles

America's troubled relationship with international law, in particular human rights law, is well documented. In many cases, the United States simply will not agree to be bound by international human rights treaties. For example, the United States has yet to ratify even such fundamental agreements as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on the Rights of the Child. When the United States does agree to become a party to an international human rights treaty, it has often sought to condition its acceptance …

Immigration And Nationality, Robert Charles Hill, Dana Neacsu

Law Faculty Publications

During the year 2000, there were significant developments in immigration law and policy with respect to employment-based immigration, family visas, asylum regulations and jurisprudence, refugee admissions, Temporary Protection Status (TPS) designations, and the implementation of the United Nations Torture Convention.

The net effect of changes in employment-based immigration was a gain to both the business community and to immigrants under most categories. There was a virtual unanimous consent among lawmakers to increase the number of temporary H-1B specialty workers in the United States and to ameliorate some of the unintended consequences of previous legislation such as the Illegal Immigration Reform …

Book Annotations, Leah Chan Grinvald

Scholarly Works

No abstract provided.

Democratic Transitions And The Future Of Asylum Law, Peter Margulies

University of Colorado Law Review

No abstract provided.

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

Beyond The Supreme Court: A Modest Plea To Improve Our Asylum System, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Moderating a session at the Workshop on the Supreme Court and Immigration and Refugee Law at the Georgetown University Law Center, Peter Spiro asked just how important the Supreme Court really is to refugee and immigration law. Unfortunately, the Supreme Court has actively interpreted the Refugee Convention and Protocol, and its decisions have had an adverse affect on important protection issues. James Hathaway knows this well. Yet his article focuses on the two Supreme Court decisions that most practitioners and scholars agree have not translated into serious protection problems in the United States or abroad.

Democratic Transitions And The Future Of Asylum Law, Peter Margulies

Law Faculty Scholarship

The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …

The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman

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

Abstract Forthcoming

Foreword To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram

Faculty Scholarship

Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …

Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel

Faculty Scholarship

For more than five decades Palestinian refugees have been denied international protection. Some five million persons, comprising two-thirds of the Palestinian people, and nearly one-third of the global refugee population, have remained without a durable solution to their plight. More than half of all Palestinian refugees lack basic day-to-day protection, such as physical security, freedom of movement, and access to employment. Today, the Palestinian refugee problem is one of the largest and longest running refugee problems in the world.

Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos

Scholarly Works

This Essay reviews “Notes of a Racial Caste Baby, Colorblindness and the End of Affirmative Action” by Bryan K. Fair, “How Did You Get to Be a Mexican? a White/Brown Man's Search for Identity” by Kevin R. Johnson, and “To be an American: Cultural Pluralism and the Rhetoric of Assimilation” by Bill Ong Hing. This Essay examines the potential contributions each book makes to legal scholarship and the popular press. The Essay first describes how each author uses the autobiographical narrative and what these narratives accomplish. The Essay examines each book's legal agenda and assesses how well each author achieves …

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

Articles by Maurer Faculty

No abstract provided.