Immigration Law Commons^™

Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen

St. Mary's Law Journal

Abstract Forthcoming.

Family Law - Overview Of Significant 1987 Legislation Passed In The 70th Session Of The Texas Legislature Recent Development., Patricia A. Foster

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The enactment of the Immigration Reform and Control Act of 1986 ("IRCA"), popularly known as the Simpson-Rodino Act, was in large part spurred by Congressional desire to exercise more effective control over the influx of foreign farm workers in this country. This is not a new issue; the U.S. has admitted temporary foreign agricultural workers since 1917, and their entry has always been the subject of heated debate. Between 1942 and 1964 the "bracero" program allowed Mexicans to work temporarily in U.S. agriculture, but this program resulted in massive civil rights and labor violations and depressed wages in the Southwest. …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Secretary of Transportation's Order Issued Pursuant to Anti-Apartheid Act, which immediately revoked South-African airways right to serve United States Airports, Upheld Notwithstanding possible violation of prior Executive Agreement--South African Airways v. Dole, 817 F.2d 119 (D.C.Cir. 1987).

IN TRANSNATIONAL LITIGATION, HAGUE EVIDENCE CONVENTION IS NOT MANDATORY, EXCLUSIVE, OR PROCEDURE OF FIRST RESORT, BUT UNITED STATES COURT MAY RESORT TO CONVENTION'S DISCOVERY PROCEDURES To SUPPLEMENT FEDERAL DISCOVERY RULES WHEN CIRCUMSTANCES WARRANT --Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 107 S. Ct. 2542 (1987).

Two YEAR PROCESSING DELAY OF APPLICATION FOR ADJUSTMENT OF IMMIGRATION …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).

ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).

UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …

Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn

St. Mary's Law Journal

Abstract Forthcoming.

Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii

St. Mary's Law Journal

Abstract Forthcoming.

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.

Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary

St. Mary's Law Journal

Abstract Forthcoming.

Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf

St. Mary's Law Journal

Abstract Forthcoming.

The Immigration Reform Amendments Of 1986: Reform Or Rehash?, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Why The Mccarran-Walter Act Must Be Amended, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Sanctuary: Reconciling Immigration Policy With Humanitarianism And The First Amendment, Geralyn Passaro, Janet Phillips

University of Miami Inter-American Law Review

No abstract provided.

U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Constitutional Rights Of Excludable Aliens: History Provides A Refuge, Tamara J. Conrad

Washington Law Review

This Comment will explore questions left unanswered by the Court in Jean v. Nelson. In examining the scope of the government's exclusion power and the constitutional position of the excludable alien, this Comment proposes a new framework for analyzing the government's authority over immigration law generally. The proposed framework consists of a two part test which is based on a reexamination of two early Supreme Court immigration decisions. The first prong of the test defines and limits the scope of the government's plenary power over immigration through a framework derived from Wong Wing v. United States." The second prong is …

Extended Voluntary Departure: Limiting The Attorney General's Discretion In Immigration Matters, Lynda J. Oswald

Michigan Law Review

Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening conditions in their homelands. The Attorney General's actions were apparently undertaken for humanitarian reasons and went largely unnoticed by the public.

Part I of this Note defines EVD and distinguishes it from related forms of deportation relief. Part II describes the Employees Union court's holding. The evolution of American perceptions of immigration …

En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander

West Virginia Law Review

No abstract provided.

Immigration Restraints On International Adoption, Paul Davis Rytting

BYU Law Review

No abstract provided.

Jean V. Nelson, 105 S. Ct. 2992 (1985), Ellen B. Gwynn

Florida State University Law Review

Immigration Law-RACE AND NATIONAL ORIGIN DISCRIMINATION AND THE HAITIAN DETAINEES

A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg

Washington Law Review

This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …

Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith

Antioch Law Journal

Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.

Studying Immigration: A Border Crossed, Lynda S. Zengerle

Michigan Law Review

A Review of Immigration: Process and Policy by Thomas Alexander Aleinikoff and David A. Martin

Significant Developments In The Immigration Laws Of The United States 1985, Diane H. Sparrow

San Diego Law Review

This Synopsis highlights significant legal developments that occurred in the field of immigration in 1985. Although the Supreme Court decided only two cases concerning immigration law, the lower federal courts were highly active, especially with respect to issues evolving from illegal immigration. In 1985, increasing public debate in the United States over such issues as the sanctuary movement and the need for major immigration reform legislation evidenced the present lack of consensus as to the political, social, and economic effects which result from the flow of undocumented immigrants into this country.

Should Undocumented Aliens Be Eligible For Resident Tuition Status At State Universities, Nancy J. Brinkac

San Diego Law Review

This Comment examines the eligibility rules governing residence tuition status at state universities and focuses on the limitations of the rules and their effect on the undocumented alien population. The author argues that tuition status at state colleges and universities is generally reserved for lawful residents and citizens only and analyzes this policy under equal protection doctrine. The author concludes that the discriminatory impact these rules have on undocumented aliens fails to promote a substantial governmental interest and thus violate the equal protection clause.

Foreword, Leon Wildes

San Diego Law Review

As we proceed to celebrate the 100th Anniversary of the Statute of Liberty, it is appropriate that we pause to consider the direction which our immigration policy appears to be taking at this important juncture.

The Board Of Appellate Review Of The Department Of State: The Right To Appellate Review Of Administrative Determinations Of Loss Of Nationality, Alan G. James

San Diego Law Review

This Article, authored by the Chairman of the Board of Appellate Review, traces the origins and development of the Board of Appellate Review and examines its role as the adjudicator of appeals from the Department of State's administrative determinations of loss of nationality. The author examines various administrative and judicial decisions, focusing on the role of the appellate process in loss of nationality proceedings, and examines whether a citizen who performed a statutory expatriating act intended to relinquish "man's most basic right:" citizenship.

The Ninth Circuit And The Protection Of Asylum Seekers Since The Passage Of The Refugee Act Of 1980, Carolyn P. Blum

San Diego Law Review

This Article examines the Ninth Circuit Court of Appeal's decisions concerning the Refugee Act of 1980, with respect to its interpretation of the asylum and withholding of deportation provisions. The author provides an overview of the statutory language, and then reviews the Ninth Circuit's decisions on standard of proof, method of proof, and the five statutory bases which underlie any claim to asylum or withholding of deportation: race, religion, nationality, membership in a particular social group, and political opinion. The author further analyzes the court's interpretation of the term "persecution" under the asylum and withholding of deportation provisions. The author …

Actual Minimum Job Requirements In Labor Certifications: Application Of Title 20, Section 656.21(B)(6) Of The Code Of Federal Regulations To Experience Or Training Gained With The Employer, Lorna Rogers Burgess

San Diego Law Review

This Article examines the affect of Title 20, Section 656.21(b)(6) of the Code of Federal Regulations on employers who seek to obtain labor certification for an alien who has previously worked abroad for employer. The author provides a detailed examination of the requirements under section 656.21(b)(6), as well as other regulatory provisions that have allowed the labor certification of aliens who have previously been employed by the employer. The author argues that, while Department of Labor regulations preclude application requirements other than the actual minimum requirements of the employer, certain departmental interpretations indicate that it is possible to require experience …