Immigration Law Commons^™

Immigration Law And The Illusion Of Numerical Control, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

In Defense Of The Permanent Resident: Alleged Defects Relating To Alien Labor Certifications, Richard D. Steel

San Diego Law Review

This Article addresses the defense of permanent resident aliens whose status is being challenged due to alleged defects or ineligibility surrounding the original labor certification process. These issues include such matters as not reporting to the sponsoring employer, terminating employment with the sponsor shortly after immigrating, not having the claimed or required experience, not being paid the required wage, or not having a validly issued alien labor certification. The analysis pf these issues and the possible defenses available vary depending on the procedural context in which the issue was raised. The article discusses these various factual patterns and possible defenses …

Foreword, Edward M. Kennedy

San Diego Law Review

The Articles in this issue of the San Diego Law Review represent an important contribution to the effort to strengthen our refugee and asylum laws. Through the Review's continuing attention to refugee and immigration issues, it is providing a unique forum for all who are concerned over our Nation's ability to respond to international migration and refugee problems. These problems pose important foreign policy issues for the United States and the international community. We know from recent history that massive movements of people can unbalance peace and stability. We know they can be a threat to peace as much as …

The Forty Year Crisis: A Legislative History Of The Refugee Act Of 1980, Deborah E. Anker, Michael H. Posner

San Diego Law Review

This Article analyzes the legal responses of the United States to issues of refugee and asylum policy in the post-World War II period that culminates in the enactment of the 1980 Refugee Act. The article describes the consensus for a humanitarian, nondiscriminatory policy that led to the passage of the Refugee Act. This legislative history demonstrates the effort to develop a coherent and flexible refugee admission policy and to create statutory mechanisms to mediate the conflict between the executive and legislative branches over the control and standards for refugee admissions. The article evaluates the implementation of the Refugee Act, proposals …

Restructuring The Asylum Process, Ira J. Kurzban

San Diego Law Review

This Article critically analyzes present and proposed asylum procedures. The article focuses on three significant problems in the asylum process: (1) Structural defects within both the INS and the State Dept. Bureau of Human Rights and Humanitarian Affairs ("BHRHA"); (2) the conflict between the bureaucratic goals of the INS and legal norms; and (3) the maintenance of a foreign policy contrary to eliminating asylum flight. The article proposes significant changes in the asylum process, which would meet the organizational objectives of the INS while protecting asylum applicants from the erroneous denial of their claims. The article further proposes the elimination …

Illegal Immigration: Employer Sanctions And Related Proposals, Teresa Major Stewart

San Diego Law Review

This Comment examines the situation resulting from large numbers of undocumented aliens entering the United States. Particular attention is given to why legislative proposals of sanctions for employers who hire undocumented aliens should be enacted. In addition, recommendations of the President's Select Commission on Immigration and Refugee Policy and proposals for amnesty relief, and temporary worker programs are analyzed in relation to an overall immigration package. Congressional Review of Suspension of Deportation and the Doctrine of Separation of Powers It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. …

Congressional Review Of Suspension Of Deportation And The Doctrine Of Separation Of Powers, Mark Vranjes

San Diego Law Review

It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. This Comment analyzes Chadha v. INS, a Ninth Circuit decision which constitutes the most recent attempt by the judiciary to resolve this long-standing issue. Chadha involves a challenge to the constitutionality of the congressional review of suspension of deportation as being a violation of separation of powers. The Comment suggests that the time has come for Congress to release its hold on the suspension process. This conclusion is based on an analysis of both practical and constitutional factors. The …

Significant Developments In The Immigration Laws Of The United States 1980-1981, Edward M. Gergosian

San Diego Law Review

This synopsis of developments in the field of immigration law focuses on the areas of the law in which there were significant changes from October 1980 through September 1981. The discussion includes important judicial decisions, significant administrative actions taken by the INS and the Board of Immigration Appeals, and summary of proposed legislation. The synopsis should serve as a guide to further research in the immigration laws of the United States.

Toll V. Moreno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plyler V. Doe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Alfred Snapp & Son, Inc. V. Puerto Rico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Haitian Boat People: An Overview Of The Present Situation Concerning Their Illegal Immigration To Florida, Peter Gordon Lalime

MA TESOL Collection

Beginning about 1972, many of the impoverished people of the Carribean nation of Haiti have fled their country for Florida. Because they come in sea vessels - invariably of questionable quality for an open sea voyage - a name which has been attached to them is that of "boat people". The Haitian boat people leave their homeland for reasons both economic and political in nature. Both their departure from Haiti and their arrival in the United States are illegal events. Once they reach Florida, therefore immigration authorities attempt to deport them, viewing the Haitians as "economic refugees" not entitled to …

Regulating Refugee Flow: Legal Alternatives And Obligations Under The Refugee Act Of 1980, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Denaturalization Of Nazi War Criminals: Is There Sufficient Justice For Those Who Would Not Dispense Justice?

Maryland Law Review

No abstract provided.

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Recent Developments, Gali Hagel, John R. Heldman

Vanderbilt Journal of Transnational Law

RECENT DEVELOPMENTS

Aliens' Rights--The Refugee Act of 1980 as Response to the 1967 Protocol Relating to the Status of Refugees: The First Test

Gali Hagel

The Refugee Act of 1980, reflecting United States commitments under the 1951 Convention and the 1967 Protocol, went into effect during a wave of immigration that created a state of emergency in strongly affected southern Florida. Under a severe test of its commitment to the terms of the 1967 Protocol and its implicit sense of moral obligation to grant asylum to individuals fleeing dictatorial rule, the United States responded positively in accepting the Cubans. Although …

Significant Developments In The Immigration Laws Of The United States 1979-1980, Susan B. Hall

San Diego Law Review

This Synopsis of developments in the immigration laws of the United States focuses on the new areas of law in which there significant developments from October 1979 to September 1980. In addition to summaries of major judicial decisions and administrative actions, the discussion will include a review of recently enacted legislation, regulations promulgated pursuant thereto, and a summary of significant proposed legislation.

A Critique Of The Establishment Of A Specialized Immigration Court, John Hilbert

San Diego Law Review

This Comment examines the development of the law with respect to corporate defamation, with particular focus on the Supreme Court's decision in Gertz v. Robert Welch, Inc. The author argues that the Court's creation of the public figure/private figure formula is problematic when applied to corporate defamation plaintiffs. The author addresses the various problems presented by this formula in light of the goals of the defamation privilege and proposes various solutions to these problems.

Comments On "A Specialized Statutory Immigration Court", James J. Orlow

San Diego Law Review

Continuing in the critique of Mr. Roberts' proposal for the creation of an independent article I immigration court, the author argues that, while Mr. Roberts presents salient points, his proposal is inappropriate except to the extent that the adjudicative process can be separated from the enforcement agency. The author argues that an independent immigration court would over-judicialize the immigration process, and further argues that such a court would not be vested with judicial authority pursuant to the constitution.

Proposed: A Specialized Statutory Immigration Court, Maurice A. Roberts

San Diego Law Review

This Article, written by the retired Chairman of the Board of Immigration Appeals, examines the existing mechanisms for formal adjudication of excludability and deportability under immigration and nationality laws. The author analyzes the shortcomings which have contributed to the system's malfunctioning, and concludes that a major factor is the conflicting roles played by the Immigration and Naturalization Service. The author reviews various alternatives which would remove such determinations from INS' control, and proposes a special article I immigration tribunal, completely outside the Department of Justice, and presents a draft statute to create it.

Constitutional And Policy Considerations Of An Article I Immigration Court, Robert E. Juceam, Stephen Jacobs

San Diego Law Review

The authors offers another critique of Mr. Roberts' proposed creation of an independent article I immigration court. The author's agree that Mr. Roberts' proposal for an independent immigration court achieves the important goal of elevating the status of immigration judges and separating them from the enforcement policies of the INS. However, the authors argue that this proposal is inherently problematic because of the potential restriction of the roles of federal district courts and courts of appeals. The authors also suggest that Mr. Roberts' proposal does little to enhance the procedural rights of aliens, and argue that truly meaningful change can …

The Need For A Specialized Immigration Court: A Practical Response, Leon Wildes

San Diego Law Review

The author agrees with Mr. Roberts' premise that change is needed in the adjudicatory process of immigration cases, but argues that less radical changes would better serve to overcome the present inadequacies of the system, while limiting the creation of new problems. The author argues that a better solution would be to transfer the adjudicatory role to a separate administrative court, under the Administrative Procedures Act. The author further argues that the adoption of the Federal Rules of Criminal Procedures or the Federal Rules of Civil Procedure to provide for a fair hearing, as well as securing adequate funding for …

Suspension Of Deportation: A Revitalized Relief For The Alien, Mark W. Anthony

San Diego Law Review

This Comment analyzes Kamheangpatiyooth v. INS, which dealt with the question of whether a brief and temporary absence from the United States interrupts continuous physical presence. The author discusses the important factors affecting physical presence and the effects of the Kamheangpatiyooth decision on those factors. The author argues that the Kamheangpatiyooth decision rejuvenated the ameliorative purpose of the suspension of deportation provision. The author concludes that the decision evidences a lenient attitude towards deserving, deportable aliens because aliens will be able to prove more easily both the continuous physical presence and the extreme hardship elements of a prima facia case …

The Marriage Viability Requirement: Is It Viable?, Nancy K. Richins

San Diego Law Review

This Comment analyzes the administration of immigration laws that allow aliens preferred status on the basis of marriage to a U.S. citizen or resident alien. The author explains that recent court decisions have rejected attempts by the INS to require that such marriages be viable. The author argues that because the purpose of preferential treatment based on marriage is to unite the married couple, such treatment should be limited to those whose marriages are viable. The author explores the INS's current use of the viability requirement and examines various court decisions that have limited the use of marriage viability and …

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Access To Discretionary Relief Under The Immigration And Nationality Act: Castillo-Felix V. Immigration And Naturalization Service, 601 F.2d 459 (9th Cir. 1979), Jeffrey Marcus

University of Miami Inter-American Law Review

No abstract provided.

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.

Recent Decisions, Scott R. Valby, Jeffrey P. Marston, Thomas W. Baker

Vanderbilt Journal of Transnational Law

Aliens--An Immigration Regulation that Distinguishes Among Aliens by National Origin Must Have a Rational Basis to Satisfy the Equal Protection Guarantee of the Fifth Amendment

Scott R. Valby

-----------------------

Antitrust--Extraterritorial Application of the Sherman Act Should Not be Curtailed at the Pre-Discovery Stage if Significant United States Interests are Involved and there are Factual Disputes Concerning the Applicability of the Act of State Doctrine

Jeffrey Paul Marston

-----------------------

Transportation--Interstate Commerce Act--ICC has Plenary and Exclusive Jurisdiction over Joint through Routes between Outlying Possessions or Territories and the United States

Thomas William Baker

Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet

Cardozo Law Review

No abstract provided.