||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...
|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...
|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...
|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...
|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...
|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...
||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...
|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...
|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...
|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,...
|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...
|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...
|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...
|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...
||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...
|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...