Immigration Law Commons^™

The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky

Washington Law Review

Thus, there are three features of immigration policy to consider in combination: First, its repercussions are powerful and widespread. Second, with so many conflicting priorities to juggle, the decisions depend heavily on personal values and ideologies. Third, with so many different interest groups in the mix, decisions on immigration policy tend to be shamelessly vulnerable to constituent pressures. What all three factors have in common is that they accentuate the importance of choosing the right decisionmaker. The high impact means that much is at stake, and the last two features mean that the results will often turn on who the …

The Role Of Interest Groups In Policy Formulation, Warren R. Leiden

Washington Law Review

In the immigration field, as in most areas of national policy, advocacy groups play an important and sometimes essential role in the policymaking process. Often derided as "special interests" and accused of opposing the "public interest," advocacy organizations are in fact manifestations of the public and give voice to the concerns of specific segments of it. This article will examine how advocacy groups determine policy positions and activities and the nature of their role in the making of public policy on immigration matters.

A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger

Washington Law Review

This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.

Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw

Washington Law Review

Many such pattern and practice cases have been filed :in the past, and we can expect that such cases will continue to arise in the future. At this point, it is unsettled whether and under what circumstances district courts have jurisdiction to hear pattern and practice cases. In this article, I consider the case law that has developed in the context of the legalization program. In part I, I describe the legalization program established by Congress and explain the unlawful manner in which the program was implemented by the Immigration Service, adversely affecting hundreds of thousands of applicants. In part …

An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson

Washington Law Review

My contribution to the Symposium considers how Proposition 187 fits into the peculiar politics of immigration, which in many ways are without parallel. The hope is to shed light on the dynamics culminating in the passage by the California electorate of a measure that in time may prove to be a watershed in immigration policymaking. In analyzing Proposition 187, this Article generally considers the risks posed to discrete and insular minorities by the initiative process and the difficulties in mounting legal challenges under current constitutional doctrine to democratic subordination of minority interests through initiatives. It raises serious questions about whether …

Making Asylum Policy: The 1994 Reforms, David A. Martin

Washington Law Review

The asylum reforms adopted in 1994 provide an intriguing glimpse into the making of immigration policy in the media spotlight—an intermittent spotlight, in this policy domain, with a short attention span. My primary aim here is to capture the history of those reforms, as it appeared to an outsider who was invited to play an insider's role as a nearly full-time consultant to the Immigration and Naturalization Service (INS) during certain crucial months in summer and fall 1993. The account should also help clarify certain central features of the reforms and offer some insight into key decisions in their shaping. …

Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer

Indiana Journal of Global Legal Studies

In this article Mr. Bill Maurer addresses a fundamental tension

at work in the British Virgin Islands: while British Virgin Islanders

(BVIslanders) proudly term themselves a "law and order" people

and seek to distinguish themselves from other Caribbean peoples,

the territory remains as wedded as ever to its British rulers and the

West. Mr. Maurer first notes that when a colonial people begins to

view itself as essentially different from its rulers, it may begin a

concomitant move toward self-rule. He shows that while the BVI

exhibits many attributes of such a territory, BVIslanders consider

their ties to Britain a …

Foreword, Edwin Meléndez

New England Journal of Public Policy

This is the first of two parts of "Latinos in a Changing Society"; Part II is scheduled for Fall/Winter 1995 publication. The following articles provide new insights into several key areas of concern: immigration, employment and income, and political participation. Part II articles will address education, health, and identity and ethnicity.

The Single-Scheme Exception To Criminal Deportations And The Case For Chevron's Step Two, David A. Luigs

Michigan Law Review

This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.

Hope For The Future Recognition Of Women's Rights In Asylum Decision, Laura Vasquez

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Xin-Chang Zhang V. Slattery: An Illustration Of The Need For A Change In The United States' Immigration Laws To Provide Appropriate Consideration Of Asylum Claims By Chinese Nationals Fleeing China's Coercive Population Control, Jason D. Lazarus

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Proposition 187: Unfounded And Ineffective, Frank Del Olmo

Human Rights Brief

No abstract provided.

The Right To Seek Asylum: A Dwindling Right?, Fatimah Mateen, Brian Tittemore

Human Rights Brief

No abstract provided.

Proposition 187: An Important Approach To Prevent Illegal Immigration, Alan C. Nelson

Human Rights Brief

No abstract provided.

With No Place To Turn: Improving Legal Advocacy For Battered Immigrant Women, Leslye E. Orloff, Deeana Jang, Catherine F. Klein

Scholarly Articles

This article explains some of the unique problems faced by battered immigrant women and offers creative solutions for family lawyers and battered women advocates who have immigrant or refugee clientele. Because battered immigrant women who seek to flee violence need assistance with both family law and immigration law matters, we will discuss both areas and highlight their interrelationship.

Immigration Law: The Immigration Consequences Of Criminal Activity, Genevieve Hebert Fajardo, Lorelei Ritchie

Faculty Articles

Immigration laws in the United States may affect prisoners, possibly resulting in deportation. Some convicted prisoners who are aliens may be subject to deportation dependent upon the government’s ability to prove by clear, unequivocal, and convincing evidence that they fall into a deportable category. Providing prisoners with sufficient knowledge and answers to potential deportation questions stemming from criminal convictions may delay and thwart these proceedings.

By beginning with a categorization of the different types of immigrants in this country, a convicted prisoner will be better able to determine for themselves whether they are subject to deportation. If they are, this …

Gonzalez-Rivera V. Ins: An Unwarranted Application Of The Exclusionary Rule To Civil Deportation Hearings, Christine L. Vigliotti

Villanova Law Review (1956 - )

No abstract provided.

J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Abstract Forthcoming.

Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy

St. Mary's Law Journal

This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen

St. Mary's Law Journal

This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …

Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Abstract Forthcoming.

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.