Immigration Law Commons^™

Ins Detention In Florida, Cheryl Little

University of Miami Inter-American Law Review

No abstract provided.

U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young

University of Miami Inter-American Law Review

No abstract provided.

Sanity In International Relations: An Experience In Therapeutic Jurisprudence, Roberto P. Aponte Toro

University of Miami Inter-American Law Review

No abstract provided.

Introduction To The Symposium Panel On "Economic Impacts Of Immigration", David Abraham

University of Miami Inter-American Law Review

No abstract provided.

To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Reining-In A Rogue Policy: The Imperative Of Immigration Reform, Vernon M. Briggs Jr.

University of Miami Inter-American Law Review

No abstract provided.

Ins V. Aguirre-Aguirre: The Absence Of A Political Crime Standard For Withholding Of Deportation, Chad Alan Earnst

University of Miami Inter-American Law Review

No abstract provided.

"I Cannot Eat Air!": An Economic Analysis Of International Immigration Law For The 21st Century, Harry Valetk

Cardozo Journal of International and Comparative Law

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) introduced sweeping changes to U.S. immigration policy, significantly restricting benefits for immigrants and increasing enforcement measures. These changes have raised critical policy and constitutional concerns, particularly regarding their disproportionate impact on vulnerable populations such as the elderly and disabled. The article argues that the IIRIRA reflects broader structural issues, including the exploitation of cheap labor and the reinforcement of an ethnically divided class system. It also highlights the interplay between economic policies, such as the North American Free Trade Agreement (NAFTA), and the facilitation of illegal immigration.

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.

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.

Stop The Madness! Procedural And Practical Defenses To Avoid Inconsistent Cross-Border Judgments Between Texas And Mexico, Lauretta Drake

Florida State University Journal of Transnational Law & Policy

No abstract provided.

United States Immigration Policy: Detaining Cuban Refugees Taken From The Sea, Matthew A. Pingeton

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Opening The Doors Of Immigration: Sexual Orientation And Asylum In The United States, Tracy J. Davis

Human Rights Brief

No abstract provided.

Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton

Michigan Journal of Gender & Law

This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …

Asylum In The United States: Expedited Removal Process Threatens To Violate International Norms, Cathleen Caron

Human Rights Brief

No abstract provided.

Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold

St. Mary's Law Journal

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …

Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff

Michigan Journal of Race and Law

This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.

To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel

Michigan Journal of Race and Law

In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …

The Relationship Between Human Rights And Refugee Law: What Refugee Law Judges Can Contribute, James C. Hathaway

Book Chapters

In a document released during the summer of 1998, the Austrian Presidency of the European Union formally questioned the continuing value of the United Nations Refugee Convention, and called for the adoption of a new "instrument of speedy assistance in the framework of the political possibilities."

The Austrian proposal would deny most refugees arriving in Europe the legal right to be protected. For the majority, protection would instead become a matter of political discretion. The proposal erroneously asserts that only a small minority of contemporary asylum seekers is entitled to Convention refugee status, in consequence of which a "new approach" …

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, …

International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway

Articles

International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …

The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph

St. Mary's Law Journal

The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …

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 …

Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri

St. Mary's Law Journal

Abstract Forthcoming.

From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller

St. Mary's Law Journal

Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …

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.

Latinos, Assimilation And The Law: A Philosophical Perspective, George A. Martinez

Faculty Journal Articles and Book Chapters

Although Latinos have been in the United States for many years, they have not been completely assimilated into mainstream American society. Separate Latino enclaves, as well as unique Latino cultural practices, demonstrate that Latinos have not fully assimilated. This article responds to those who advocate the use of legal means to ensure Latino assimilation. This article argues that one should reject pressure to assimilate, and instead recognize the worth of distinctive cultural traditions of Latinos and other minorities. Moreover, this article uses philosophical literature to designate important limits on the demand for Latinos and others to assimilate into dominant society. …

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 …

The Michigan Guidelines On The Internal Protection Alternative

Michigan Journal of International Law

In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …