States Immigration Law Research Articles

Petitioning for an Alien Relative under the United States Immigration and Citizenship Law

How to Petition for an Alien Relative under the United States Immigration and Citizenship Law.

Uprootedness as (Cruel and Unusual) Punishment

In spite of some protestations to the contrary, some of the practices that the United States immigration law permits are punitive. They are, moreover, terribly severe. If American citizens were to be treated in the ways in which some noncitizens are treated in the United States, they would be victims of cruel and unusual punishment. The paper seeks to show the implausibility of the euphemistic maneuvers that seek to deny this fact, by appealing to arguments put forth by the United States Supreme Court. In particular, the paper argues that the reasons why the United States Supreme Court considers expatriation to be cruel and unusual punishment apply as well to some instances of deportation.

Higher Education for Undocumented Students: The Case for Open Admission and In-State Tuition Rates for Students Without Lawful Immigration Status

Higher Education for Undocumented Students: The Case for Open Admission and In-State Tuition Rates for Students Without Lawful Immigration Status

Tightening the United States Immigration Laws in the 21st Century

In this day and age, States in the global community are increasingly becoming dependent on one another due to, amongst other things, the development of trade relationships between companies, growth and merger of domestic businesses into international enterprises, the increase of internet and electronic capabilities throughout the world, the expansion of security alliances, and the growth of free trade blocks among nations.

Women, health, and United States immigration law.

Women, health, and United States immigration law.

Immigration Justice: Beyond Liberal Egalitarian and Communitarian Perspectives

Immigration law resides within a complex web of interconnected political, cultural, and economic realities. Politically the world is organized around nation states, which exercise the legal authority to control their borders. Multiple factors push people into emigrating from their country of origin or pull people toward immigrating to particular countries. Given historic migration patterns and the fluidity of national borders, cultures transcend these boundaries, creating demand for transnational mobility. The global economy coupled with disparate economic opportunities between nations spurs immigration. War, civil unrest, and natural disasters also contribute to the international movement of peoples. In this article, I explore the foundations of a socially just immigration regime. Part one provides an overview of the push–pull factors influencing the decision of individuals and families to migrate. Part two places these decisions within the context of United States immigration law, exploring both the statutory and con-stitutional restrictions on entry into the United States. Part three examines the difficulties inherent in attempts to develop a coherent and just immigration policy out of liberal political theory or the communitarian response. In Part four, I place the immigration justice issue within the framework of Roman Catholic social teaching, concluding that such a framework provides a secure basis for constructing a just immigration jurisprudence. Finally, Part five briefly reflects on the justness of current United States immigration law in light of the theory developed in Part four.

Escaping Domestic Violence: Asylum as a Means of Protection for Battered Women

Women who are victims of domestic violence sometimes find it necessary to flee to another country in order to gain protection from such abuse. Although the international community has recently made strides in recognizing the pervasive nature of domestic violence and in pressuring governments to provide women with reasonable protection from this abuse, domestic violence persists and government protection remains inadequate. Therefore, these women flee because their governments are either unwilling or unable to provide them with adequate protection from domestic violence. This Note sets forth a framework for these women to establish an asylum claim based on domestic violence under United States immigration law. This framework is based on recent developments in immigration law, including the promulgation of guidelines by the Immigration and Naturalization Service to aid asylum officers in adjudicating claims from women (the INS Guidelines). The INS Guidelines address many of the obstacles women have faced when seeking asylum in the United States based on gender-related claims, such as those based on domestic violence, rape, and female genital mutilation. Since the promulgation of the INS Guidelines, adjudicators have recognized gender-related asylum claims based on rape and female genital mutilation. These cases, together with the INS Guidelines, establish precedent for recognizing asylum claims from women who are victims of domestic violence.

A look at the Violence Against Women Act and gender-related political asylum.

This article explores two developments in immigration law that have provided avenues for women seeking lawful immigration status to independently assert their rights. The Violence Against Women Act (VAWA) was signed into law on September 13, 1994 and contains the Battered Immigrant Women Provisions that allow battered women to obtain lawful permanent resident status through self-petitioning or suspension of deportation. VAWA applicants should obtain assistance from an immigration expert who can help them in acquiring work authorization and who could prove that the applicant's deportation would result in extreme hardship to themselves or to their children. Other requirements and important details of these provisions are substantially explained in the article. The second development involves the issuance by the Immigration and Naturalization Service (INS) on May 26, 1995, of a memorandum setting forth considerations for the evaluation of women's asylum claims. This memorandum is entitled "Considerations For Asylum Officers Adjudicating Asylum Claims From Women" and sets out guidelines that provides access to political asylum to women seeking protection from gender-specific persecution. A summary of the issues addressed by the INS gender guidelines are presented.

BREACHING THE BARRIERS: MIGRATING ETHNIC GROUPS AND IMMIGRATION POLICY

“Coping With Immigration Barriers” examines the dichotomy of international law: the right to leave versus the right of a specific nation‐state to exclude. Immigration receiving nations around the world have been raising barriers. This article looks at the newest such barriers contained in recent United States immigration laws. The dichotomy poses a dilemma for persons and groups—such as refugee groups—who are seeking to migrate but have few options for coping with increased barriers to their entrance. Potential immigrant groups may simply ignore the laws and enter illegally. They may seek to amend the laws by special exemptions for themselves. Finally, they may seek redress from the harsher policy via the courts. This article exemplifies each of those strategies for coping with immigration barriers by high‐lighting the cases of Mexicans, Irish, and Haitians.

Sponsors, Sponsorship Rates and the Immigration Multiplier

"This article reviews the evidence pertaining to the extent to which U.S. immigrants actually make use of the family reunification entitlements of United States immigration laws, examining the two available studies which are based on probability samples of immigrant entry cohorts. It then provides new estimates of the characteristics of the U.S. citizen sponsors of immigrant spouses and parents.... With respect to the characteristics of sponsors, analysis of the information in the GAO [General Accounting Office] report indicates that 80 percent of the persons who immigrated in FY 1985 as the spouses of U.S. citizens were sponsored by native born U.S. citizens. In contrast, native born U.S. citizens sponsored only five percent of the parent immigrants. Additional findings on the country of origin and sex of the sponsored immigrants are presented."

International Legal Standards Relating to the Rights of Aliens and Refugees and United States Immigration Law

The large influx of refugees and undocumented aliens into the United States in recent years has focused renewed public attention on the existing laws relating to the admission, exclusion, and rights of aliens and refugees and has led the Congress and private organizations to undertake a thorough, ongoing review of these laws. At the same time, however, little or no attention has been paid to the rights accorded these persons under international law, despite the fact that the worldwide refugee crisis and the plight of undocumented aliens are among the most serious human rights problems facing the international community today. The purpose of this paper is to examine the basic international law standards relating to the rights of aliens and refugees, and to assess the compatibility of existing United States laws with those standards. The first section of the paper briefly reviews the status of the individual under contemporary international law and notes the'origins of the present obligation of states to respect, on a nondiscriminatory basis, the basic human rights of all persons in their territory. The second section identifies provisions in key international instruments which affect the rights of aliens and refugees and, in particular, analyzes the meaning and legal significance of the right to emigrate, the right of asylum, and the principle of non-refoulement. The third section discusses certain provisions in existing United States immigration law which may be incompatible with basic international legal standards, in particular those which conflict with provisions in conventions and other international documents that the United States has voted for, signed, and/or ratified. Recommended steps that the United States should undertake to harmonize its existing and future immigration and refugee policies with its international obligations are suggested in the conclusion of this paper.

United States immigration law and the control of American labor

United States immigration law and the control of American labor

A New Periodical on the United States Immigration Law

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Attempts at Immigration Reform: 94th Congress

The last major revision of the United States immigration laws was approved on October 3, 1965. Two amendments had far-reaching effects, especially in the Western Hemisphere. Section 212 (a) (14), as amended, required labor certifications for aliens coming to the United States to take up employment unless specifically exempted. In addition, for the first time in history, a numerical limitation was placed on Western Hemis? phere immigration. The annual numerical ceiling, which was set at 120,000, became effective on July 1, 1968. When the 94th Congress convened ten years later, the disastrous effects of these amendments on Western Hemisphere immigration was clearly evident. Immigration of native-born Canadians, traditionally that of skilled workers, dropped from 27,662 in 1968 to 7,308 in 1975. The enactment of the new labor certification provision played a major role in this decline. Hemisphere-wise, due to the lack of a preference system and the low numerical ceiling, a backlog quickly developed to the point that there was a waiting period of over two and one-half years before an immigrant visa became available. The illegal alien influx increased, certainly due in part to the long waiting period, and many persons simply crossed a border or overstayed a visa in order to reside with husbands, wives, and children until lawful immigration was possible. Cong. Peter W. Rodino, Jr., chairman of the House Judiciary Com? mittee, and Sen. Edward Kennedy, chairman of the Subcommittee on Refugees and Escapees, took the initiative and introduced legislation (H.R.981 in the House and S.2405 in the Senate) to rectify existing inequities in the law. Unfortunately, priority in the House was given to

Political Refugees and the United States Immigration Laws: Further Developments

Political Refugees and the United States Immigration Laws: Further Developments

United States Immigration Laws and the Brain Drain

United States Immigration Laws and the Brain Drain

Political Refugees and the United States Immigration Laws: A Case Note

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The Adjustment of Hungarian Refugees in New York

About eleven years ago the world witnessed what may have been the most unpremeditated mass exodus in history. On October 2 1956 the Hungarian revolution was touched off when security forces and Soviet tanks fired on students and workers gathered for a protest meeting. The revolution was over by November 3rd when the Soviet army moved in. During the interim hardly more than a three week period occurred in which to seize the opportunity to escape but 200000 individuals are estimated to have fled Hungary. About 38000 of them came to the United States; the rest resettled in other free countries around the world. The United States immigration laws at that time had no basic provision for admitting refugee since the Displaced Persons Act had expired and new legislation was still to be passed. Therefore a somewhat inconspicuous provision called the Parolee Provision was invoked in order to grant the Hungarian refugees admission into the country. The United States government provided the transportation for the refugees from Austria to a vast reception center at Camp Kilmer in New Jersey. Overseas private agencies joined forces in Austria to shelter feed and clothe the refugees and to help them move to free countries. (excerpt)

The Status of Women under the United States Immigration and Naturalization Laws

The Status of Women under the United States Immigration and Naturalization Laws

Poor-Laws of Massachusetts and New York: with Appendices Containing the United States Immigration and Contract Labour Laws.

Poor-Laws of Massachusetts and New York: with Appendices Containing the United States Immigration and Contract Labour Laws.