AuthorTitleCitationSummaryYear
Maria Luisa Sepulveda Barring Extraterritorial Protection for Haitian Refugees Interdicted on the High Seas: Sale V. Haitian Centers Council, Inc. 44 Catholic University Law Review 321 (Fall, 1994) Give me your tired, your poor, [y]our huddled masses yearning to breathe free, [t]he wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Although this axiom is often used to describe the United States immigration policy, United States immigration laws have traditionally... 1994
Aristide R. Zolberg Changing Sovereignty Games and International Migration 2 Indiana Journal of Global Legal Studies 153 (Fall, 1994) In this article, Professor Zolberg argues that today's immigration issues should be analyzed within their historical bases. He follows the formation of the modern State, with particular focus on the legal and political meaning of sovereignty as understood in pre-colonial times down to the World War II period. He next identifies several late... 1994
Leslie Jose Zigel Constricting the Clave: the United States, Cuban Music, and the New World Order 26 University of Miami Inter-American Law Review 129 (Fall 1994) I. Introduction. 130 A. The Travails of U.S. Concert Promoters Presenting Foreign Talent. 140 B. New York City: Jazz Capital of the World. 143 II. The History of Proclamation 5377. 146 A. Fidel Castro's Rise and the U.S. Government's Response. 146 B. U.S. Immigration Policy and Cuba. 150 C. The Reagan Years, Mariel, Radio Martú, and Proclamation... 1994
Marie-Claire S.F.G. Foblets Europe and its Aliens after Maastricht. The Painful Move to Substantive Harmonization of Member-states' Policies Towards Third-country Nationals 42 American Journal of Comparative Law 783 (Fall 1994) Since the 1980's, immigration from outside Europe has been part of the debate surrounding European construction. The question of immigration to Europe has become politicized and popularized as a problem of non-European immigrants. Immigration from outside Europe, together with racism, have become major political issues in a number of European... 1994
R. George Wright Federal Immigration Law and the Case for Open Entry 27 Loyola of Los Angeles Law Review 1265 (June 1, 1994) The most basic features of United States immigration law generate continuing controversy. Public debate over federal statutory limits on entry into the United States is ongoing and frequently passionate. The practical importance of the subject seems undeniable. The lives or welfare of many people are directly implicated. Many legal and political... 1994
Kirk L. Peterson Final Orders of Deportation, Motions to Reopen and Reconsider, and Tolling under the Judicial Review Provisions of the Immigration and Nationality Act 79 Iowa Law Review 439 (January, 1994) Immigration law is as important as ever in the United States, the country built on immigration. During 1992, the United States admitted 810,635 legal immigrants, one of the largest one-year totals this century. In addition, the Immigration and Naturalization Service (INS) estimates that between 200,000 and 300,000 illegal aliens entered the United... 1994
Kevin R. Johnson Free Trade and Closed Borders: Nafta and Mexican Immigration to the United States 27 U.C. Davis Law Review 937 (Summer 1994) Nineteen ninety-three was the year of immigration in the United States. Immigration emerged as a volatile, if not incendiary, public issue, beginning with a debacle concerning the employment of undocumented persons by two prominent women considered by a new President to serve as Attorney General. Several incidents further heightened public scrutiny... 1994
Louis Henkin Immigration and the Constitution: a Clean Slate 35 Virginia Journal of International Law 333 (Fall, 1994) For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... 1994
Bill Ong Hing Immigration Policies: Messages of Exclusion to African Americans 37 Howard Law Journal 237 (Winter, 1994) To many African Americans, the Coast Guard's interdiction and forced reversal of boats carrying Haitian refugees is a racist act directed at people of African descent. Until recently, this perception of racism in the application of U.S. immigration policies was reinforced by the contrasting news of planeloads and boatloads of Cuban refugees being... 1994
John Linarelli Immigration Politics and Sovereignty: National Responses to "Bad" Aliens 88 American Society of International Law Proceedings 439 (April 6-9, 1994) The panel was convened at 2:30 p.m., Friday, April 8, by its Chair, Karen Engle, who introduced the panelists: Linda Bosniak, Rutgers Law School, Camden; Jean Manas, European Law Research Center, Harvard Law School; Harold Hongju Koh, Yale Law School; and Stacy Brustin, Columbus School of Law, The Catholic University of America. In 1987, Professor... 1994
M. Isabel Medina In Search of Quality Childcare: Closing the Immigration Gate to Childcare Workers 8 Georgetown Immigration Law Journal 161 (Spring, 1994) There is irony in the fact that the candidacies of the first two women ever to be nominated for the position of United States Attorney General failed, in essence, because the two women were working mothers who had provided alternative, nonparental care for their children. Their candidacies began as a symbol of the successful integration of women... 1994
Linda Reyna Yanez , Alfonso Soto Local Police Involvement in the Enforcement of Immigration Law 1 Hispanic Law Journal L.J. 9 (1994) C1-6TABLE OF CONTENTS L1-6 I. L2-5,T5Introduction 11 II. L2-5,T5Risk of Civil Rights Violations 12 A. L3-5,T5Reported Incidents 13 1. L4-5,T5United States v. Perez-Castro 14 2. L4-5,T5Cervantez v. Withfield 14 B. L3-5,T5Constitutional Standards at Issue 15 1. L4-5,T5Search and Seizure Law 16 2. L4-5,T5Equal Protection 20 III. L2-5,T5Defining the... 1994
Linda S. Bosniak Membership, Equality, and the Difference Thatalienage Makes 69 New York University Law Review 1047 (December 1, 1994) Rising American concern over a perceived immigration crisis makes it a virtual certainty that courts will once again grapple with questions concerning the meaning and significance of alienage as a legal status category. Proposition 187, California's recently approved anti-immigration ballot initiative, may represent the most dramatic legislative... 1994
Kenneth L. Karst Out of Many, One? 2 Indiana Journal of Global Legal Studies 65 (Fall, 1994) Once again, U.S. politics has placed the topic of immigration in the foreground of debate. The Governor of California has called for an amendment to the U.S. Constitution that would deny citizenship to a child born in the United States if the child's parents entered the country illegally. Although this appalling proposal seems unlikely to be taken... 1994
Virginia Ramadan, Rebecca Clark, Mark B. Lewis, Thomas E. Fox, Moderator Associate Professor of Law, New York Law School, Research Associate, Urban Institute Population Study Center, Associate Commissioner, office of Refugee Assistance and Rehabilitation Panel Three: Immigration and Social Policy 11 New York Law School Journal of Human Rights 559 (Symposium, 1994) VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... 1994
Richard Sybert Population, Immigration and Growth in California 31 San Diego Law Review 945 (Fall 1994) Immigration has become a highly controversial and publicized topic, and will continue to be so in the coming years. It is clear that immigration, both legal and illegal, has had a central role in California's startling demographic changes and fiscal stress during the last decade. Unabated, it promises similar changes in the future. The debate to... 1994
Michael A. Olivas Preempting Preemption: Foreign Affairs, State Rights, and Alienage Classifications 35 Virginia Journal of International Law 217 (Fall, 1994) Peter Spiro's thoughtful Article offers the tempting thesis: what if immigration policy were regulated by the individual states rather than being preempted by federal powers? What would U.S. immigration policies be if they could be determined at the state level, in 50 laboratories, instead of the stale, preclusionary logic mindlessly applied to... 1994
Robert Foss The Demise of the Homosexual Exclusion: New Possibilities for Gay and Lesbian Immigration 29 Harvard Civil Rights-Civil Liberties Law Review 439 (Summer, 1994) The passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA), among them, the exclusion of homosexuals. The quiet and unspectacular passage of the... 1994
Dave McCurdy The Future of U.s. Immigration Law 20 Journal of Legislation Legis. 3 (1994) Immigration reform is rapidly becoming a major political issue in 1994. With economic growth at a standstill and a new wave of immigrants rushing to our shores, some sixty-five percent of Americans now favor tighter immigration laws. Dozens of immigration bills have been introduced in Congress, bills which call for everything from a strengthening... 1994
Cecelia M. Espenoza The Illusory Provisions of Sanctions: the Immigration Reform and Control Act of 1986 8 Georgetown Immigration Law Journal 343 (Summer, 1994) There are those in this nation who would use [the Immigration Reform and Control Act] as a pretext to deny employment to United States citizens and aliens lawfully residing here by right, simply because they look and sound foreign. The Zoë Baird incident revealed among other things, that aliens present in the United States without work... 1994
Julie Ann Waterman The United States' Involvement in Haiti's Tragedy and the Resolve to Restore Democracy 15 New York Law School Journal of International and Comparative Law 187 (1994) Haitian boat people have had the misfortune of attempting to immigrate to the United States in the midst of an economic recession and during a time of political pressure stemming from the 1992 presidential campaign. In addition, the immigration of Haitians in such large numbers has aroused fear that the United States would bear the brunt of Haiti's... 1994
Jeffrey S. Passel , Michael Fix U.s. Immigration in a Global Context: Past, Present, and Future 2 Indiana Journal of Global Legal Studies Stud. 5 (Fall, 1994) Through the use of their own empirical studies, the authors address three themes: 1) immigration in the global context; 2) the scale and characteristics of immigration to the United States; and 3) the expected future impact of immigration to the United States. The authors focus on U.S. immigration by giving an empirical comparative history which... 1994
Jenifer M. Bosco Undocumented Immigrants, Economic Justice, and Welfare Reform in California 8 Georgetown Immigration Law Journal 71 (Winter, 1994) California, Texas, and Florida have all struggled lately with what is perceived as the immigration problem. Deterring undocumented immigration is increasingly seen as a national priority, and one suggested method of deterrence is to deny undocumented immigrants access to state services. Yet certain rights of membership apply to all American... 1994
Beverly Baker-Kelly United States Immigration: a Wake up Call! 37 Howard Law Journal 283 (Winter, 1994) The purpose of this paper is to issue a wake-up call without sounding an alarm. The immigration debate has become so polarized and politicized that certain fundamental issues have escaped serious scrutiny. This paper encapsulates a few of the sometimes intractable issues raised by immigration with the hope that it triggers substantive public... 1994
Bill Ong Hing Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-driven Multiracial Society 81 California Law Review 863 (July, 1993) Immigration is quickly changing the racial demographics of the United States. In so doing, it is creating both tensions and opportunities. The author responds to those who advocate restricted immigration as the solution to racial problems. He refutes the underlying assumptions of such Euro-immigrationists: that the United States has a solely white,... 1993
Patrick Macklem Distributing Sovereignty: Indian Nations and Equality of Peoples 45 Stanford Law Review 1311 (May, 1993) I. Introduction. 1312 II. Indian Government in North America. 1316 A. United States. 1317 B. Canada. 1320 C. Similarities. 1323 D. Racial or Political?. 1324 III. Indian Government and Prior Occupancy. 1327 A. The Relevance of Prior Occupancy. 1327 B. Prior Occupancy as Proxy. 1329 1. Immigration and consent. 1330 2. The role of treaties. 1331 3.... 1993
Stacy Brustin Expanding Our Vision of Legal Services Representation -- the Hermanas Unidas Project 1 American University Journal of Gender & the Law 39 (Spring, 1993) Traditional legal services representation offers minimal promise of empowerment for the marginalized client. As a legal services attorney specializing in domestic relations and domestic violence law, I spend a great deal of time assisting immigrant women through the maze of our legal system. Yet, within the bounds of traditional lawyering, I am... 1993
Juan C. Montes Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency 5 Saint Thomas Law Review 557 (Spring, 1993) Give Me Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free, The Wretched Refuse of Your Teeming Shore, Send These, The Homeless, Tempest-tost, to Me, I Lift My Lamp Beside the Golden Door! Inscription on the Statute of Liberty The luminous splendor of liberty and freedom that the Statue of Liberty symbolizes for many immigrants is... 1993
Gregory A. Loken , Lisa R. Babino Harboring, Sanctuary and the Crime of Charity under Federal Immigration Law 28 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter, 1993) Maria, a graying, recently widowed woman of fifty-seven, knelt to say the rosary. No doubt she needed the spiritual strength it provided, for her house was full of destitute foreigners sent to her by her parish priest. Beside her was a man named Jesús, who joined in her prayer. According to the ancient forms, they would introduce each decade of... 1993
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 § 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
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