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The Immigration and Nationality Act of 1965
by Gabriel J. ChinAlong with the civil rights and voting rights acts, the Immigration and Nationality Act of 1965 is one of the most important bills of the civil rights era. The Act's political, legal, and demographic impact continues to be felt, yet its legacy is controversial. The 1965 Act was groundbreaking in eliminating the white America immigration policy in place since 1790, ending Asian exclusion, and limiting discrimination against Eastern European Catholics and Jews. At the same time, the Act discriminated against gay men and lesbians, tied refugee status to Cold War political interests, and shattered traditional patterns of Mexican migration, setting the stage for current immigration politics. Drawing from studies in law, political science, anthropology, and economics, this book will be an essential tool for any scholar or student interested in immigration law.
Immigration and Nationality Law: Problems and Strategies
by Lenni B. Benson Lindsay A. Curcio Veronica M. Jeffers Stephen W. Yale-LoehrImmigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, it also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system.
Immigration and Nationality Laws of the United States: Selected Statutes, Regulations and Forms 2012
by Thomas Alexander Aleinikoff David A. MartinThis book serves as a one-stop source for the most important federal legislation affecting immigration and naturalization, supplementing any teaching materials on the subject. With its consistent timeliness and reasonable pricing, this publication is a staple in classrooms nationwide.
Immigration and Refugee Law in Russia: Socio-Legal Perspectives (Law in Context)
by Agnieszka KubalImmigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples' varied positionalities. Agnieszka Kubal's primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.
Immigration and the Politics of American Sovereignty, 1890-1990
by Cheryl ShanksWhat does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens. Over the past century, the U.S. Congress argued first that prospective citizens should be judged in terms of race, then in terms of politics, then of ideology, then of wealth and skills. Each argument arose in direct response to a perceived foreign threat--a threat that was, in the government's eyes, racial, political, ideological, or economic. Immigration and the Politics of American Sovereignty traces how and why public arguments about immigrants changed over time, how some arguments came to predominate and shape policy, and what impact these arguments have had on how the United States defines and defends its sovereignty. Cheryl Shanks offers readers an explanation for immigration policy that is more distinctly political than the usual economic and cultural ones. Her study, enriched by the insights of international relations theory, adds much to our understanding of the notion of sovereignty and as such will be of interest to scholars of international relations, American politics, sociology, and American history.
The Immigration Battle in American Courts
by Anna O. LawThis book assesses the role of the federal judiciary in immigration and the institutional evolution of the U.S. Supreme Court and of the U.S. Courts of Appeals.
Immigration Court Practice Manual
by The Executive Office for Immigration ReviewThis manual is provided for the information and convenience of the general public and for parties that appear before the Immigration Courts. The manual describes procedures, requirements, and recommendations for practice before the Immigration Courts. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case.
The Immigration Crucible: Transforming Race, Nation, and the Limits of the Law
by Philip KretsedemasIn the debate over U. S. immigration, all sides now support policy and practice that expand the parameters of enforcement. Philip Kretsedemas examines this development from several different perspectives, exploring recent trends in U.S. immigration policy, the rise in extralegal state power over the course of the twentieth century, and discourses on race, nation, and cultural difference that have influenced politics and academia. He also analyzes the recent expansion of local immigration law and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of local immigration laws possible. While connecting such extralegal state powers to a free flow position on immigration, Kretsedemas also observes how these same discretionary powers have been used historically to control racial minority populations, particularly African Americans under Jim Crow. This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite differing interests, each faction has shaped the commonsense assumptions defining the debate.
The Immigration Crucible: Transforming Race, Nation, and the Limits of the Law
by Philip Kretsedemas-In the debate over U.S. immigration, all sides now support policy and practice that expand the parameters of enforcement. While immigration control forces lobby for intensifying enforcement for reasons that are transparently connected to their policy agenda, and pro-immigration forces favor the liberalization of migrant flows and more fluid labor market regulation, these transformations, meant to grow global trade and commerce networks, also enlarge the extralegal (or marginally legal) discretionary powers of the state and encourage a more enforcement-heavy governing agenda. Philip Kretsedemas examines these developments from several different perspectives; exploring recent trends in U.S. immigration policy, the rise in extralegal state power over the course of the twentieth century, and discourses on race, nation and cultural difference that have influenced the policy and academic discourse on immigration. He also analyzes the recent expansion of local immigration laws—including the controversial Arizona immigration law enacted in the summer of 2010—and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of these local immigration laws possible. While connecting these extralegal state powers to a free flow position on immigration, he also observes how these same discretionary powers have historically been used to control racial minority populations (particularly African American populations under Jim Crow). This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates to support the expansion of local immigration laws. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite different interests, each faction has shaped the commonsense assumptions currently defining the scope and limits of the debate.
Immigration Detention in the European Union: In the Shadow of the “Crisis” (European Studies of Population #22)
by Michael Flynn Izabella Majcher Mariette GrangeThis book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.
Immigration Judges and U.S. Asylum Policy (Pennsylvania Studies in Human Rights)
by Banks Miller Linda Camp Keith Jennifer S. HolmesAlthough there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system.With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
Immigration Judicial Reviews: An Empirical Study (Palgrave Socio-Legal Studies)
by Robert Thomas Joe TomlinsonThis book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.
Immigration Law and Procedure in a Nutshell (6th Edition)
by David Weissbrodt Laura DanielsonThis compact, comprehensive title offers an expert overview of the history, constitutional authority, statutory provisions, regulations, structure, procedure, administrative process, and ethical principles of immigration law and practice.
The Immigration Law Death Penalty: Aggravated Felonies, Deportation, and Legal Resistance
by Sarah ToshTraces the role of the aggravated felony in today’s deportation regimeIn immigration courts across America, a non-citizen convicted of an “aggravated felony” will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either “aggravated” or “felonies.” The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation.This book chronicles the rise of the use of the aggravated felony, known by lawyers as the “immigration law death penalty,” to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation—and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.
Immigration Law for Paralegals
by Maria Isabel Casablanca Gloria Roa BodinImmigration Law for Paralegals is an indispensable and practical guide on U. S. immigration, citizenship and visa procedures for instructing and training students or anyone interested in a career as an immigration paralegal or legal assistant. This fourth edition updates and expands the third, including coverage of Provisional Unlawful Presence Waiver and DACA (Deferred Action for Childhood Arrivals). Contents of Immigration Law for Paralegals include: interviewing, gathering information, case management and document preparation techniques; analysis of temporary and permanent employment visas; analysis of family-based petitions, political asylum and naturalization; as well as samples of completed applications, a glossary of terms and useful appendices. Each visa category is set forth in a clear and concise manner, with real-life and hypothetical situations at the end of each chapter, allowing students to visualize actual problems and issues that arise when processing a case. Further, in responding to the hypothetical situations, students will look to the United States immigration statutes, rules and regulations and precedent and administrative policies to resolve issues. Additionally, each section contains a completed sample application, definition of legal terms, and exercises modeled after tasks paralegals may encounter on the job, including the preparation of relative petitions (Form I-130) and the adjustment of a status package (Forms I-485, G-325A, I-131, I-765, I-864A, and G-28). In keeping with the concise format of each chapter, excerpts from Federal, AAO, and BIA decisions will be cited or footnoted where relevant. The Glossary and Appendices include Immigration Law resources; USCIS Local, Regional and Service Center addresses; questions and answers for the naturalization exam; blank USCIS forms; Credential Evaluation sample request forms and a list of agencies; sample USCIS color photograph specifications, sample medical form (I-688); and IRS Individual Tax ID Number Request (SS-4). The fourth edition includes a CD with fillable PDF forms.
Immigration Law for Paralegals (3rd Edition)
by Maria Isabel Casablanca Gloria Roa BodinImmigration Law for Paralegals is an indispensable and practical guide on U.S. immigration, citizenship and visa procedures for instructing and training students or anyone interested in a career as an immigration paralegal or legal assistant. The new edition has a new chapter on court litigation which also includes writs of mandamus and habeas corpus with federal courts.
Immigration Law Handbook
by Margaret Phelan James GillespieNow in its ninth edition, the Immigration Law Handbook continues to bring together all the key materials relevant to Immigration and Asylum Law in one volume, providing an essential reference tool for those working in the area. This new edition includes the text of the Immigration Act 2014 which will make substantial changes to existing legislation, in particular the 1971 and 2002 acts and restricts access to housing and other services. Other texts provided include the new Dublin III EU regulations and recent UNHCRguidelines on refugee claims. This coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. The Immigration Law Handbook has established itself as the standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges and barristers, and solicitors and caseworkers working in immigration, asylum, and human rights law.
Immigration Law Pocket Field Guide 2015 Edition
by The Editors at the LexisNexisThis latest edition of the Immigration Law Pocket Field Guide from LexisNexis is an essential item in the pocket of any law enforcement professional who deals with immigration law on a regular basis.
Immigration Law Stories (Law Stories Ser.)
by David Martin Peter SchuckThis publication includes cases that depict the Supreme Court’s broad deference to the political branches in the immigration realm, the so-called “plenary power doctrine.” Selected cases are presented in chronological order, beginning with the Supreme Court’s consideration of the Chinese Exclusion Acts of the 1880s and 1890s. The book then examines how the Cold War tested the constitutional limits of the government’s plenary power over immigration, and how “phantom constitutional norms” were later used to defeat the government’s broadest claims. Other cases explore the immigration enforcement system and the difficulty of balancing the demands of enforcement against other societal goals.
Immigration Outside the Law
by Hiroshi MotomuraThe main aim of the book is to offer a way to think about why immigration law is an area of ambivalence and disagreement and to assess and suggest responses to unauthorized migration.
Immigration Questions & Answers
by Carl R. Baldwin Humberto S. DominguezA Comprehensive, User-Friendly Guide for Anyone Planning to Live Temporarily or Permanently in the United States The process of acquiring and retaining the right to visit or live in the United States is an interesting and complex subject. US immigration laws have not changed very much during the Trump administration, and yet the experience of immigrating to the United States has definitely been affected by it. In this concise primer, first conceived and designed as a how-to resource for would-be &“green card&” holders in the 1990s, the process of getting and keeping a visa is explained and updated in this new edition. In simple terms, the authors provide a breakdown of the most important topics in this area with useful examples. With over thirty years of experience practicing law, co-author Humberto S. Dominguez adds valuable insights and observations to this increasingly important topic. The road to legal residence in the United States can be a tricky and elusive endeavor. Immigration Questions & Answers, Fourth Edition, will guide you every step of the way, with a down-to-earth approach and invaluable advice. Chapters cover topics such as:Obtaining a short-term visaPolitical asylumTemporary Protected StatusDACA for DreamersThe visa lotteryHelping your spouse get a green cardRemoving conditions on residenceVisa processingWays to become a US citizen Persons who hope to visit or live in the United States and even lawyers unfamiliar with immigration law and practice will benefit from this basic guide. People facing particular difficulties in this area, who may ultimately need the assistance of an immigration lawyer, will also benefit from learning the bare essentials.
Immigration Regulation in Federal States
by Sasha Baglay Delphine NakacheThe book examines the phenomenon of immigration federalism: its main characteristics, why and how it has developed, its implications for immigration systems (in general) and non-citizens' rights (in particular). The book introduces the reader to theoretical perspectives on immigration federalism through three sets of literature - federalism, governance and non-citizens' rights - that provide a necessary framework for understanding immigration federalism's multiple facets and impacts. It also offers an analysis of immigration federalism through case studies of six jurisdictions: Australia, Canada, Germany, Switzerland, the EU and the US. Despite increased sub-national activity in immigration regulation in several federal states, very little research has been dedicated so far to comparing how federal states deal with immigration federalism. Comparative studies on the human rights implications of immigration federalism have received even less attention. This book seeks to fill the gap in this area and is an important contribution to the field, providing the reader with a better understanding of the complex issues surrounding immigration federalism and its impact on non-citizens.
Immigration, Social Integration and Crime: A Cross-National Approach (Contemporary Issues in Public Policy)
by Luigi M. SolivettiThe problem of social control has constituted the acid test for the entire issue of immigration and integration. But whilst recent studies show that the crime rate for non-nationals is three, four or more, times higher than that of the country’s 'own' citizens, academic interest in these statistics has been inhibited by the political difficulties they raise. Immigration, Social Integration and Crime addresses this issue directly. Providing a thorough analysis of immigration and crime rates in all of the main European countries, as well as examining the situation in the US, Luigi M. Solivetti concludes that the widespread notion that a large non-national population produces high crime rates must be rejected. Noting the undeniably substantial, but significantly variable, contribution of non-nationals to crime statistics in Western Europe, he nevertheless goes on to analyze and explain the factors that influence the relationship between immigration and crime. It is the characteristics of the 'host' countries that are shown to be significantly associated with non-nationals’ integration and, ultimately, their involvement in crime. In particular, Solivetti concludes, it is 'social capital' in the host societies – comprized of features such as education, transparency, and openness – that plays a key role in non-nationals’ integration chances, and so in their likelihood to commit crime. Supported by extensive empirical data and statistical analysis, Immigration, Social Integration and Crime provides an invaluable contribution to one of the most pressing social and political debates – in Europe, and elsewhere.
Immobilienrecht praxisnah: Grundlagen und praktische Anwendung
by Johannes HandschumacherGute Kenntnisse im Immobilienrecht gehören nicht nur für Rechtsanwälte und Juristen in der Ausbildung zum unverzichtbaren Handwerkzeug, sondern auch für solche Berufsgruppen, die sich regelmäßig mit rechtlichen Fragestellungen rund um die Immobilie auseinandersetzen müssen. Für sie ist es unabdingbar, die wichtigsten Begriffe und Zusammenhänge des Immobilienrechts zu kennen, denn sowohl vor der eigentlichen Planungsphase als auch nach der Fertigstellung von Bauvorhaben, steht in vielen Fällen ein Grundstücks- oder Immobilienkauf bzw. -verkauf. Dazu kommen maklerrechtliche, nachbarschaftsrechtliche, versicherungsrechtliche und steuerrechtliche Fragestellungen rund um die Immobilie Dieses Werk erläutert die gesamte Breite des Immobilienrechts mit seinen Teilrechtsgebieten in komprimierter und verständlicher Form. Es will insbesondere auch dem Baupraktiker fundierte Antworten auf immobilienrechtliche Fragestellungen geben.
Immobilienrecht praxisnah: Basiswissen für Planer
by Johannes HandschumacherPlaner von Gebäuden müssen die wichtigsten Begriffe und Zusammenhänge des Immobilienrechts kennen, denn vor der eigentlichen Planungsphase steht in vielen Fällen ein Grundstücks- oder Immobilienerwerb. Dadurch können sich bauplanungsrechtliche, maklerrechtliche, nachbarschaftsrechtliche und versicherungsrechtliche Fragestellungen ergeben, bei denen der Planer seinen Bauherrn beraten können sollte. Dieses Werk stellt die gesamte Breite des Immobilienrechts mit seinen diversen Teilgebieten in komprimierter und verständlicher Form dar. Es möchte insbesondere dem nichtjuristischen Baupraktiker fundierte Antworten auf immobilienrechtliche Fragestellungen geben.