Immigration Law Commons^™

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …

The Legal Status Of The Refugee In The United States, Tang Thi Thanh Trai Le

Journal Articles

The Cold War era brought a shift in United States refugee policy from an emphasis on domestic policy to an emphasis on foreign policy. This meant that a large number of refugees could gain entry to the United States, but only if the refugees came from countries of foreign policy concern to the United States. The end of the Cold War and domestic economic stagnation have returned domestic and nationalistic factors to the forefront in the refugee debate. The case law and proposed legislation indicate that the United States may become less of a haven for refugees than before. Still, …

Recent Developments In Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …

Judicial Solecism Repeated: An Analysis Of The Oklahoma Supreme Court's Refusal To Recognize The Adjudicative Nature Of Particularized Ratemaking, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Justice Thurgood Marshall And The Legacy Of Dissent In Federal Alienage Cases, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

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

Faculty Scholarship

No abstract provided.

By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson

Articles & Chapters

No abstract provided.

Foreword (Symposium: Challenges In Immigration Law And Policy: An Agenda For The Twenty-First Century)., Carol Buckler

Articles & Chapters

No abstract provided.

Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson

BYU Law Review

No abstract provided.

Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh

Cardozo Law Review

Pardon me if I act like a black sheep at this symposium of Office of Legal Counsel ("OLC") alumni. Like most OLC alumni, I share the genuine affection and respect for the Office and its traditions that this symposium reflects. But at the same time, I cannot fully accept the undertone of self-congratulation that pervades this panel's two principal papers. My discomfort grows from the inordinate amount of time that I have spent over the last few years disagreeing with OLC positions, particularly in three areas of United States foreign policy. The first concerns the "Iran-Contra" prosecution of Oliver North …

Haitian Centers Council, Inc. V. Mcnary: If At First You Don't Succeed..., Robert A. Weber Jr.

Mercer Law Review

At what territorial point do aliens become entitled to the protections accorded them under the Immigration and Naturalization Act ("INA")? Contrary to the Eleventh Circuit Court of Appeals holding in Haitian Refugee Center, Inc. v. Baker, the Second Circuit Court of Appeals in Haitian Centers Council, Inc. v. McNary held that the protections accorded aliens in Section 243(h)(1) of the INA apply to all aliens, regardless of their location within or outside the territorial jurisdiction of the United States. The Eleventh Circuit in Baker had previously determined that Section 243(h)(1) applied only to aliens found within the jurisdictional confines …

Zoe Baird, Betrayal And Fragmentation, Susan Grover

Faculty Publications

No abstract provided.

Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern

Washington International Law Journal

In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …

Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.

Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …

The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez

San Diego Law Review

This Article explores Section 242B of the Immigration and Nationality Act, added by the Immigration Act of 1990. This provision stripped immigration judges of the discretion they had to determine whether a constitutionally required deportation hearing may take place in the alien's absence. The author examines three major issues of statutory interpretation that determine the extent of the hardships that this law may thrust upon aliens. These issues are: (1) the scope of the limits on the ability to rescind a deportation order made in the alien's absence, (2) the scope of the five-year disqualification provision which is triggered by …

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

San Diego Law Review

This Article addresses the process for providing asylum to immigrants in the United States. The Article argues that the statutory scheme, enacted as part of the Refugee Act of 1980, is not designed to handle the many thousands of asylum applications filed by foreign nationals who are physically present in the United States without the benefit of lawful immigration status. As a discretionary form of relief, asylum operates as a "backdoor" to regular permanent immigration status in this country. The author attempts to show that the judicial process is not well suited to resolve the remaining issues that fuel asylum …

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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

St. Thomas Law Review

No abstract provided.

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

The United States Government Program Of Intercepting And Forcibly Returning Haman Boat People To Haiti: Policy Implications And Prospects, Arthur C. Helton

NYLS Journal of Human Rights

This article discusses the policy consequences of the United States government program, in operation in various forms since 1981, to intercept at sea and forcibly return Haitian boat people to Haiti. The evolution of the return program is described and analyzed in the context of refugee policy, both internationally and in the United States. Policy implications are analyzed and recommendations are made for a reformulated policy response.

United States Haitian Policy: A History Of Discrimination, Cheryl Little

NYLS Journal of Human Rights

No abstract provided.

Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph

Maryland Law Review

No abstract provided.

Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs

American University Law Review

No abstract provided.

Center For Legal And Social Justice, Original Prospectus (C. 1993), St. Mary's University School Of Law

Prospectus for the Center for Legal and Social Justice

No abstract provided.