Immigration Law Commons^™

My Rights Or (Y)Ours: Rights, Responsibilities, And Interdependence, St Mary's University

President's Peace Commission - Programs

The President’s Peace Commission existed from 1984 to 2013 at St. Mary's University. The Commission fostered an ethical commitment to participate in the establishment of world peace and social justice.

This program is about rights, responsibilities and interdependence of society.

U.S. Immigration Policy: Contradictions And Projections For The Future, Kitty Calavita

Indiana Journal of Global Legal Studies

No abstract provided.

Mr. Jefferson Must Be Smiling: How State Challenges To Immigration Policy May Prompt Re-Evaluation Of Federalism As A Core Concept Of Our Republic, Jahan Segatol-Islami

University of Miami Inter-American Law Review

No abstract provided.

Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng

University of Michigan Journal of Law Reform

This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …

Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett

Washington Law Review

Under the exclusion provisions of the Immigration and Nationality Act (INA), an alien admitted to the United States for permanent residence can be prohibited from reentering the United States after a trip out of the country. Because exclusion grounds differ from deportation grounds, permanent resident aliens who are not deportable could leave the country and find themselves excluded at the border upon return. The INA provides relief in such cases by allowing permanent resident aliens who have lived in the United States for over seven years to apply for a discretionary waiver of exclusion grounds under INA § 212(c). In …

Congressional Intent, The Supreme Court And Conflict Among The Circuits Over Statutory Eligibility For Discretionary Relief Under Immigration And Naturalization Act §212(C), David L. Mckinney

University of Miami Inter-American Law Review

No abstract provided.

Global Migration - Immigration - Multiethnicity: Challenges To The Concept Of The Nation-State, Jost Delbruck

Indiana Journal of Global Legal Studies

Professor Delbriick begins his article by briefly discussing the

history and development of the nation-state, and then examines how

changes in the political and social environment, often international

and cross-cultural in nature, have altered the traditional notion of

the nation-state. He argues that the modern form of the State

should be based on the concept of the "Open Republic, " rather than

on that of the traditional closed, self-centered, and self-reliant

nation-state. Professor Delbriick demands that his concept of an

"Open Republic" first be grounded in the form of a republican

State-a constitutional government involving the democratic

participation of all …

Introduction: Migration And Globalization Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway

Indiana Journal of Global Legal Studies

No abstract provided.

A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan

Indiana Journal of Global Legal Studies

In this article, Professor Scanlan argues that in spite of recent

trends toward globalism, traditionally composed nation-states,

especially the United States, will continue to exercise localized

control over immigration and receiving nations may pursue

increasingly restrictive policies. The author begins with a history

of recent U.S. and European Union (EU) immigration policies,

positing that State self-interest has always played a central role.

Next, he traces the post-World War II development of the

"international refugee regime" as well as the development of the

European Union's "open"- labor market. Professor Scanlan

predicts that international agencies will become less efficacious for

several reasons, …

Changing Sovereignty Games And International Migration, Aristide R. Zolberg

Indiana Journal of Global Legal Studies

In this article, Professor Zolberg argues that today's

immigration issues should be analyzed within their historical bases.

He follows the formation of the modern State, with particularfo cus

on the legal and political meaning of "sovereignty" as understood

in pre-colonial times down to the World War II period. He next

identifies several late twentieth century phenomena in Europe and

elsewhere, many of which pose serious challenges to long-standing

notions of nationhood and citizenship. The author concludes that

despite the recent development of borderless markets and

communication infrastructures, much remains to be done to build a

truly global community.

Comments On "Changing Sovereignty Games And International Migration", Jeffrey A. Hart

Indiana Journal of Global Legal Studies

No abstract provided.

Global Migration And European Integration, Guy De Lusignan

Indiana Journal of Global Legal Studies

No abstract provided.

A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk

Indiana Journal of Global Legal Studies

No abstract provided.

U. S. Immigration In A Global Context: Past, Present, And Future, Jeffrey S. Passel, Michael Fix

Indiana Journal of Global Legal Studies

Through the use of their own empirical studies, the authors

address three themes: 1) immigration in the global context; 2) the

scale and characteristics of immigration to the United States; and

3) the. expected future impact of immigration to the United States.

The authors focus on U.S. immigration by giving an empirical

comparative history which suggests that, while the sheer number of

immigrants to the United States has grown, the share of foreignborn

people in the U.S. population is well below historic highs.

Next they discuss the characteristics of recent and current

immigrants to the United States in terms of …

Out Of Many, One?, Kenneth L. Karst

Indiana Journal of Global Legal Studies

No abstract provided.

Yepes-Prado V. U.S. Immigration And Naturalization Service: A Measure Of Privacy In An Immigration Context, Charles J. Seaman

University of Miami Inter-American Law Review

No abstract provided.

Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen

Osgoode Hall Law Journal

Under the Immigration Act, permanent residents and illegal immigrants may, for a number of reasons, be deported from Canada for life. Even after residing in this country for many years, immigrants without the formality of citizenship enjoy only a limited right to remain. The author argues that deportation violates an immigrant's right to life, liberty and security of the person under section 7 of the Charter. And where that person has established fundamental connections with Canada, through family relations, education, employment, culture, etc., deportation, moreover, is not in accordance with the principles of fundamental justice. In determining the principles of …

Ain't?, Susan Grover

Faculty Publications

No abstract provided.

Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis

BYU Law Review

No abstract provided.

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 …

Judicial Review Of Discretionary Immigration Decisionmaking, 31 San Diego L. Rev. 861 (1994), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

The Immigration and Nationality Act vests enormous discretion in the Attorney General and her subordinates, a discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article will explore the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. It will demonstrate the "disintegration" of administrative law and the failure of its general precepts to accommodate immigration issues. Next, it will trace the development of faulty doctrine through case law, resulting in a terribly stunted judicial …

Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl

Scholarly Articles

This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …

Images Of Women In U.S. Immigration Policy: The Paradox Of Domestic Violence, Stacy Brustin

Scholarly Articles

No abstract provided.

Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56

Legal History

No abstract provided.

Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee

Cleveland State Law Review

Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.

Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo

Michigan Journal of International Law

This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement and …

A Response To "Nannygate": Untangling U.S. Immigration Law To Enable American Parents To Hire Foreign Child Care Providers, Kathleen A. Delaney

Indiana Law Journal

No abstract provided.

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …