immigration

The New Asylum Rule: Improved but Still Unfair

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This article discusses how two specific provisions of the IIRIRA - the one-year deadline on asylum applications and the expedited removal provisions - unnecessarily cause hardship and injustice to asylum-seekers. It also assesses the response of the Immigration and Naturalization Service (INS) and suggests needed regulatory and statutory reform.

The Dynamics of Immigrant Welfare and Labor Market Behavior

This paper analyzes transitions into and out of 3 different labor market states, social assistance, unemployment and employment. We estimate a dynamic multinomial logit model, controlling for endogenous initial condition and unobserved heterogeneity, using a large representative Swedish panel data set, LINDA, for the years 1990 to 1996. The unadjusted data indicates that immigrants are more likely to receive both social assistance and unemployment compensation than natives.

U.S. Immigration Law and the Traditional Nuclear Conception of Family: Toward a Functional Definition of Family that Protects Children's Fundamental Human Rights

In this Article, the author exposes how Congress, by failing to protect functional families in the context of immigration law, has failed to follow human rights law in a way that is meaningful to children and that honors its own highly valued principles of family preservation. Although the paramount purpose of U.S. immigration law is not, admittedly, to protect the integrity of family, Congress does explicitly aim to do so in certain circumstances. But even where Congress aims to further family unity, it fails desperately because U.S.

Counterproductive and Counterintuitive Counterterrorism: The Post-September 11 Treatment of Refugees and Asylum Seekers

This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil).

'Death is Different' and a Refugee's Right to Counsel

This article asserts that there is a due process right to appointed counsel at government expense for non-citizens who file cases where persecution and death of the petitioner may result after removal - namely claims for asylum, relief under the Convention Against Torture, and restriction on removal. Due process protects all persons' interests in life, liberty and property, regardless of their legal status within the country. Where death may result from an erroneous denial of relief, a non-citizen's interest in life and liberty is directly implicated.

Gang-Related Asylum Claims: An Overview and Prescription

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, at least at first glance, clearly political.

Crisis on the Immigration Bench: An Ethical Perspective

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government.

Counterproductive and Counterintuitive Counterterrorism: The Post-September 11 Treatment of Refugees and Asylum Seekers

This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil).

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