AuthorTitleCitationSummaryYear
Mabel Aguilar The Discriminatory Impact of the Immigration Reform and Control Act of 1986 10 Chicano Law Review 14 (1990) The purpose of this paper is to examine the discriminatory effect of the Immigration Reform and Control Act of 1986, which attempts to resolve the present immigration crisis through the use of employer sanctions. This note addresses the validity of IRCA opponents' fears that increased discrimination would result from IRCA's employer sanctions... 1990
Joe A. Tucker Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes 7 Yale Law and Policy Review 20 (1989) We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... 1989
Kitty Calavita Recent Works on Immigration Policymaking: a Review Essay and Agenda for the Future 23 Law and Society Review 799 (1989) Vernon M. Briggs, Jr. Immigration Policy and the American Labor Force (Baltimore: Johns Hopkins University Press, 1984). xv + 294 pp. Bibliography, index. $29.50. Elizabeth Hull. Without Justice for All: The Constitutional Rights of Aliens (Westport, CT: Greenwood Press, 1985). xi + 244 pp. Bibliography, index. $35.00. Gill Loescher and John A.... 1989
Carolyn Waller, Linda M. Hoffman United States Immigration Law as a Foreign Policy Tool: the Beijing Crisis and the United States Response 3 Georgetown Immigration Law Journal 313 (Fall, 1989) On June 3 and 4, 1989, Americans glimpsed history through the television set, as we have done so often. We watched young Chinese students demand democracy from the People's Republic of China (PRC). Although they were unclear as to how their call for democracy translated into viable political and economic changes, these people, led mostly by... 1989
John Guendelsberger Implementing Family Unification Rights in American Immigration Law: Proposed Amendments 25 San Diego Law Review 253 (March/April, 1988) There is something wrong with a law that keeps outfor as long as eight yearsthe small child of a mother or father who has settled in the United States while a nonrelative or less close relative from another country can come in immediately. This Article examines the provisions of American immigration law that impede the entry of immediate family... 1988
Michael A. Scaperlanda The Paradox of a Title: Discrimination Within the Anti-discrimination Provisions of the Immigration Reform and Control Act of 1986 1988 Wisconsin Law Review 1043 (1988) After several years of intense national debate and controversy, Congress enacted the Immigration Reform and Control Act of 1986 (IRCA). The enactment of IRCA resulted in sweeping reform in United States immigration law. Much of the debate over the passage of the Act centered around IRCA's two major provisions: employer sanctions for hiring an alien... 1988
Carol Wilson Well-founded Fear of Persecution-the Standard of Proof in Political Asylum Resolved, or Is It?: Ins V. Cardoza-fonseca 22 University of San Francisco Law Review 385 (Winter/Spring, 1988) THE UNITED STATES HAS long been a haven for aliens seeking refuge from persecution. Since the turn of the century, the United States has enacted a variety of laws affecting the admission of refugees. Current law under the Immigration and Nationality Act of 1952 (Act) provides two remedies for aliens seeking sanctuary in the United States. The... 1988
Cecilia Renn State and Local Enforcement of the Criminal Immigration Statutes and the Preemption Doctrine 41 University of Miami Law Review 999 (May, 1987) Responding to concern that the Immigration and Naturalization Act (INA) was doing little to restrain escalating illegal immigration, Congress passed the controversial Immigration Reform and Control Act (IRCA) in 1986. The Act employs a three-tiered scheme of civil and criminal sanctions designed to discourage illegal immigration while rewarding... 1987
Barbara J. Selberg A Reprise of Warrants, Probable Cause, and Articulable Suspicion in Immigration Enforcement-laduke V. Nelson, 762 F.2d 1318 (9th Cir.1985). 61 Washington Law Review 1253 (July, 1986) Illegal immigration, especially of Mexican citizens, poses a serious national problem. It presents a particular challenge to the Immigration and Naturalization Service (INS), the agency charged with enforcing federal regulations concerning aliens. Although the INS has employed a variety of enforcement techniques, its methods have had only limited... 1986
Mary Jane Lapointe Discrimination in Asylum Law: the Implications of Jean V. Nelson 62 Indiana Law Journal 127 (Winter, 1986) U.S. immigration law grants the Attorney General discretionary authority to admit (parole) otherwise inadmissible aliens into the country in cases of emergency. This parole statute does not explicitly prohibit the Attorney General from using race or national origin as a basis for denying parole to an alien. On June 26, 1985, the Supreme Court... 1986
Lynda J. Oswald Most RelevantExtended Voluntary Departure: Limiting the Attorney General's Discretion in Immigration Matters 85 Michigan Law Review 152 (October, 1986) 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... 1986
Kenneth L. Karst Paths to Belonging: the Constitution and Cultural Identity 64 North Carolina Law Review 303 (January, 1986) American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search... 1986
Robert Alan Culp The Immigration and Naturalization Service and Racially Motivated Questioning: Does Equal Protection Pick up Where the Fourth Amendment Left Off? 86 Columbia Law Review 800 (May, 1986) Does the Constitution permit the Immigration and Naturalization Service (INS) to question suspected undocumented aliens when officers are motivated in whole or in part by racial appearance? Two fundamental and competing assertions characterize the debate. The INS claims that, at least with respect to Hispanics in certain parts of the United States,... 1986
Katherine Terrell The Simpson-mazzoli Bill: Employer Sanctions and Immigration Reform 17 New York University Journal of International Law & Politics 987 (Summer, 1985) On May 18, 1983, the United States Senate passed the Immigration Reform and Control Act (hereinafter the IRCA), another in a long line of proposed immigration reform bills intended to amend the Immigration and Nationality Act of 1952 (hereinafter the INA), few of which have become law. The IRCA, sponsored by Senator Alan K. Simpson, a Republican... 1985
Paul R. Verkuil A Study of Immigration Procedures 31 UCLA Law Review 1141 (August, 1984) C1-3Table of Contents I. Introduction. 1142 A. A Brief Overview. 1143 B. The Plan of This Article. 1144 II. Due Process in the Immigration Setting. 1146 A. The Concept of Flexible Due Process. 1146 B. The Relevance of Flexible Due Process to the Immigration Setting. 1148 III. Valuation of Individual and Governmental Interests In Immigration... 1984
R. Paul Faxon Employer Sanctions for Hiring Illegal Aliens: a Simplistic Solution to a Complex Problem 6 Northwestern Journal of International Law and Business 203 (Spring, 1984) United States immigration policy over the course of the last 200 years has evolved from one of open arms to one of racial and qualitative restrictions to one of qualitative and quantitative restrictions. These shifts, fueled by racism, domestic economic conditions including an end to war-time labor shortages, and domestic resource limitations, have... 1984
Peter H. Schuck The Transformation of Immigration Law 84 Columbia Law Review Rev. 1 (January, 1984) Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due... 1984
Laurie A. Levin Deportation: Procedural Rights of Reentering Permanent Resident Aliens Subjected to Exclusion Hearings 51 Fordham Law Review 1339 (May, 1983) Aliens admitted for permanent residence in the United States enjoy substantial constitutional protections. Despite the extent of these protections, permanent residents are subject to deportation by the Immigration and Naturalization Service (INS) in certain circumstances. The deportation procedures of the INS raise the issue whether these... 1983
Lawrence H. Fuchs Immigration Policy and the Rule of Law 44 University of Pittsburgh Law Review 433 (Winter, 1983) There are few issues which cut as deeply into the emotions of Americans as immigration. That is why comprehensive, fundamental reform of immigration policy occurs infrequently. Vast revisions of immigration policy must await the development of a wide consensus before Congress will agree to their enactment. Such reforms have occurred two to four... 1983
  Most RelevantVii. The Rights of Undocumented Aliens 96 Harvard Law Review 1433 (April, 1983) The presence of large numbers of undocumented aliens in the United States presents the nation's immigration law with its most substantial and most controversial challenge. Defining the legal status of undocumented aliens compels this nation to confront the embarrassing fact that it cannot, or will not, enforce the exclusionary laws that it insists... 1983
Frederick G. Whelan Principles of U.s. Immigration Policy 44 University of Pittsburgh Law Review 447 (Winter, 1983) Immigration policy presents us with issues on which moral and political philosophy comes face to face with the practical exigencies of legislation. Laws respecting the admission of immigrants and refugees reflect the exercise of powers that are central to the prevailing conception of the sovereign state; their operation either satisfies or denies... 1983
Ellen Weis Aragon The Factory Raid: an Unconstitutional Act? 56 Southern California Law Review 605 (January, 1983) The factory raid is a procedure currently used by the Immigration and Naturalization Service (INS) to find and deport undocumented or illegal aliens who work in this country. Factories, restaurants, and shops where INS agents suspect that illegal aliens will be found are the targets of these raids. The INS focuses its efforts on these... 1983
James A. R. Nafziger The General Admission of Aliens under International Law 77 American Journal of International Law 804 (October, 1983) One often reads or hears that a state has a right to exclude all aliens from its territory unless a treaty obligation requires admission. Frequently, that proposition prefaces discussion of such issues as immigration quotas, expulsion and deportation of aliens, justiciability and procedural due process in litigation involving immigration questions,... 1983
James J. Orlow America's Incoherent Immigration Policy: Some Problems and Solutions 36 University of Miami Law Review 931 (September, 1982) The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the... 1982
Barry R. Chiswick Guidelines for the Reform of Immigration Policy 36 University of Miami Law Review 893 (September, 1982) In proposing optimal immigration criteria for the United States, the author focuses on the economic consequences of immigration, including the labor-market productivity of immigrants and their impact on the native population. Current immigration policy, according to the author, emphasizes kinship with a United States citizen or resident alien as... 1982
John A. Scanlan Immigration Law and the Illusion of Numerical Control 36 University of Miami Law Review 819 (September, 1982) When I began work on this article, at home, I had hoped to quote a legal realist, but instead managed to find only a few lines out of Yeats: Civilisation is hooped together, brought Under a rule, under the semblance of peace By manifold illusion. This proves, I guess, that it is dangerous to try to research a difficult legal question in the privacy... 1982
James A.R. Nafziger An Immigration Policy of Helping Bring People to the Resources 8 Denver Journal of International Law and Policy 607 (1979) The issue of undocumented aliens in the United States eludes resolution because of several factors. These include distorted, ritualized commentary, an incomplete and incoherent national policy framework, deficiencies in the federal immigration law and its implementation, and consequent public mis-perceptions which encourage more of the same. In... 1979
  Constitutionality of Restrictions on Aliens' Right to Work 57 Columbia Law Review 1012 (November, 1957) The dramatic plight of the Hungarian refugees has again focused attention on the problems faced by immigrants to this country in obtaining work of their own choice. While nowhere approaching the level of immigration of the early twentieth century, the number of newcomers arriving from abroad has shown a marked upswing. They are met with numerous... 1957
Charles P. Schwartz, Jr. American Immigration Policy 55 Columbia Law Review 311 (March, 1955) Like all newcomers to a community, immigrants invariably create problems. They often face severe personal and economic difficulties in adjusting to an unfamiliar environment. The community finds it difficult to define the standards and methods for admission and integration of the new members since this involves a fresh appraisal of basic... 1955
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