| Author | Title | Citation | Summary | Year |
| James C. Hathaway |
Harmonizing for Whom? The Devaluation of Refugee Protection in the Era of European Economic Integration |
26 Cornell International Law Journal 719 (Symposium, 1993) |
The pursuit of enhanced economic integration within Europe poses a threat to both the substance and the processes of the international system of refugee protection. In substantive terms, European Community governments have seized upon the impending termination of immigration controls at intra-Community borders to demand enhanced security at the... |
1993 |
| Daniel H. Foote |
Japan's "Foreign Workers" Policy: a View from the United States |
7 Georgetown Immigration Law Journal 707 (December, 1993) |
In Japan, the issue of immigration--the so-called foreign workers problem --has been the focus of great attention and concern in recent years for many of the same reasons as in the United States and Europe. The current downturn in the Japanese economy may have reduced immediate pressures for reexamination of the status quo. Given the increasingly... |
1993 |
| Kevin R. Johnson |
Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement |
1993 Brigham Young University Law Review 1139 (1993) |
C1-3Table of Contents I. Introduction. 1140 II. Political Power of the New Immigrants. 1149 A. Immigrants Past and Present. 1150 1. Limitations on noncitizen influence. 1153 2. The vocal, sometimes successful, minority. 1158 B. The New Nativism and Its Impact. 1162 C. Political Failure and Haitian Repatriation. 1175 D. Preliminary Observations.... |
1993 |
| Katherine Tonnas |
Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America |
20 Southern University Law Review 295 (Fall, 1993) |
The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... |
1993 |
| Malissia Lennox |
Refugees, Racism, and Reparations: a Critique of the United States' Haitian Immigration Policy |
45 Stanford Law Review 687 (February, 1993) |
We are asking why you treat us this way. Is it because we are Negroes? Why are you letting us suffer this way, America? Don't you have a father's heart? Haven't you thought we were humans, that we had a heart to suffer with and a soul that could be wounded? Give us back our freedom. Why among all the nations that emigrate to the United States have... |
1993 |
| Kevin R. Johnson |
Responding to the "Litigation Explosion": the Plain Meaning of Executive Branch Primacy over Immigration |
71 North Carolina Law Review 413 (January, 1993) |
In the October 1991 Term, the United States Supreme Court handed down an unprecedented four immigration decisions. In all four, the Court decided in favor of the Immigration and Naturalization Service. In this Article, Professor Kevin R. Johnson explains and analyzes these recent decisions and considers their implications for future immigration... |
1993 |
| Bridgette Ellen Hickey |
The Haitian Refugee Crisis and U.s. Immigration Law: the Extraterritorial Scope of ยง 243(h) of the Immigration and Nationality Act |
18 Vermont Law Review 173 (Fall, 1993) |
On November 18, 1991, the United States Government forcibly repatriated 538 Haitian boat people, perhaps to be murdered by their persecutors, without a perfunctory hearing of their claims for political asylum. More than 38,000 Haitians have attempted to flee to the United States in rickety boats since the bloody 1991 coup that overthrew the... |
1993 |
| Gerald L. Neuman |
The Lost Century of American Immigration Law (1776-1875) |
93 Columbia Law Review 1833 (December, 1993) |
L1-2Introduction 1833 I. The Need for Investigation. 1835 II. Major Categories of State Immigration Legislation. 1841 A. Crime. 1841 B. Poverty and Disability. 1846 1. Massachusetts. 1848 2. New York. 1852 3. Other States and Federal Responses. 1857 C. Contagious Disease. 1859 D. Race and Slavery. 1865 1. Prohibiting Immigration of Free Blacks to... |
1993 |
| Daniel Kanstroom |
The Shining City and the Fortress: Reflections on the "Eurosolution" to the German Immigration Dilemma |
16 Boston College International and Comparative Law Review 201 (Summer, 1993) |
The aspiration toward what is generally referred to as a European solution of the German asylum/immigration dilemma has long been a leitmotif in German politico-legal debate. Recently, as progress toward completion of the European Community (EC or Community) has moved center stage, it has been accompanied by ever increasing German interest in... |
1993 |
| Henry J. Reske |
Courts Wrangle over Haitians |
78-MAR ABA Journal 30 (March, 1992) |
A daring group of Cubans commandeers a state-owned helicopter and makes a dramatic and dangerous flight to freedom. They leave behind a repressive government and a country in economic chaos. They are welcomed in Florida with open arms, quickly processed through an Immigration and Naturalization Service detention center, and released. They will be... |
1992 |
| Walter P. Jacob |
Diversity Visas: Muddled Thinking and Pork Barrel Politics |
6 Georgetown Immigration Law Journal 297 (June, 1992) |
Because Congress is held to have plenary power to exclude aliens from the United States, efforts to eliminate discrimination from this nation's immigration policy tend to rely on basic notions of fairness rather than on the legal rights of aliens. Supporters of the 1965 amendments to the Immigration and Nationality Act employed such a fairness... |
1992 |
| Evangeline G. Abriel |
Presumed Ineligible: the Effect of Criminal Convictions on Applications for Asylum and Withholding of Deportation under Section 515 of the Immigration Act of 1990 |
6 Georgetown Immigration Law Journal 27 (March, 1992) |
C1-3CONTENTS I. INTRODUCTION. 28 II. THE FRAMEWORK OF UNITED STATES REFUGEE LAW. 29 III. THE EFFECT OF CRIMINAL CONVICTIONS ON THE STATUS OF REFUGEES. 34 A. Criminal Bases for Denial of Refugee Status and for Expulsion of Refugees under the United Nations Convention Pertaining to the Status of Refugees. 36 B. Criminal Bars to Asylum and Withholding... |
1992 |
| Patricia I. Folan Sebben |
U.s. Immigration Law, Irish Immigration and Diversity: Cead Mile Failte (A Thousand Times Welcome)? |
6 Georgetown Immigration Law Journal 745 (December, 1992) |
In the halls of the University College of Galway, posters advertise the next topic of the school's debate team: Is Ireland the 51st state of the United States? It is estimated that approximately 100,000 Irish immigrants were living illegally in the United States in 1990, and more were soon to follow, due in large part to the Immigration Act of... |
1992 |
| Michael J. Nunez |
Violence at Our Border: Rights and Status of Immigrant Victims of Hate Crimes and Violence along the Border Between the United States and Mexico |
43 Hastings Law Journal 1573 (August, 1992) |
The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all nations and religions, whom we shall welcome to a participation of all our rights and privileges . -George Washington, 1783 Hello, Beaners! Starting a war with the white man, down on Dairy Mart road? We will definitely... |
1992 |
| Mark F. McElreath |
Degrading Treatment-from East Africa to Hong Kong: British Violations of Human Rights |
22 Columbia Human Rights Law Review 331 (Spring, 1991) |
The end of World War II found Great Britain in a position unlike any other in its history. Its vast empire was shrinking, and as colonies and territories were liberated from imperial control, British subjects from across the world sought refuge in the United Kingdom (UK). The desire of large numbers of immigrants, mainly people of color, to settle... |
1991 |
| Janet M. Calvo |
Spouse-based Immigration Laws: the Legacies of Coverture |
28 San Diego Law Review 593 (Summer, 1991) |
A woman from the Philippines was abused by her United States citizen spouse. He threatened to have immigration authorites deport her to the Philippines if she tried to leave him. She stayed. He later cut her all over her back, head, and hands with a meat cleaver. An American citizen married a Polish woman and brought her to the United States.... |
1991 |
| Alexandra M. Ashbrook |
The Unauthorized Practice of Law in Immigration: Examining the Propriety of Non-lawyer Representation |
5 Georgetown Journal of Legal Ethics 237 (Summer, 1991) |
I. Introduction II. The Immigration and Nationality Act's Provisions for Non-Lawyer Practice III. Examining the Legitimacy of Unauthorized Practice of Law Prohibitions in the Immigration Field A. Protection of the Public from Harm 1. An Overview of Unauthorized Practice of Law Restrictions 2. The Public's Demand for Increased Accessibility to Legal... |
1991 |
| Kitty Calavita |
Employer Sanctions Violations: Toward a Dialectical Model of White-collar Crime |
24 Law and Society Review 1041 (1990) |
This article examines violations of the employer sanctions provision of the Immigration Reform and Control Act of 1986 as a case study in white-collar crime. Using interviews with 103 immigrant-dependent employers in three southern California counties, the study reveals that employer sanctions violations are numerous and that violators feel... |
1990 |
| Gerald L. Neuman |
Immigration and Judicial Review in the Federal Republic of Germany |
23 New York University Journal of International Law & Politics 35 (Fall, 1990) |
In recent years, scholars have repeatedly questioned prevailing American constitutional doctrines concerning immigration and the rights of aliens, stressing the anomalous character of these doctrines within modern American constitutional practice. This anomaly arises on two levels: the plane of constitutional principle and the plane of judical... |
1990 |
| Hiroshi Motomura |
Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation |
100 Yale Law Journal 545 (December, 1990) |
I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to... |
1990 |
| Garnet K. Emery |
The American Dream-for the Lucky Ones: the United States' Confused Immigration Policy |
12 University of Arkansas at Little Rock Law Journal 755 (1989/1990) |
The immigration question is one of great importance both in the United States and throughout the rest of the world. It is an issue that transcends national boundaries. It cannot be ignored or resolved entirely within our nation. It concerns the dynamics of human movement, propelled by a myriad of reasons. This Comment argues that the restrictive... |
1990 |
| 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 |