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Would you also like to submit a review for this item? You already recently rated this item. Your rating has been recorded. Write a review Rate this item: Preview this item Preview this item. Immigration law and procedure: With the enactment of new immigration statutes in , , , , and , immigration law and procedures have undergone significant change. In addition to those legislative changes, political upheaval throughout the world has made immigration a far more visible and controversial issue—leading, in turn, to a constantly evolving body of laws, regulations, decisions, and policies.
The sixth edition of this text is organized in six parts to reflect these changes and make them as comprehensible and accessible as possible. In addition to tracing the evolution of immigration law and history in the U. This brief text is designed to assist students in obtaining an overview of the material that might be expected to be found in a course on immigration law and procedure. Chapters 16 and 17 contain a brief conclusion and a bibliography. It seems appropriate to conclude this Nutshell by making a general observation about the nature of immigration law practice.
Faced with all the detailed requirements for visas and other immigration remedies about which this volume says so much, some advocates, including attorneys, and their clients devote most of their attention to gathering the minimum information necessary to fulfill the various requirements.
Unfortunately, some lawyers and almost all unrepresented non-citizens do not view the immigration process as an appropriate place for intelligent advocacy. This tendency has been addressed by groups such as the American Immigration Lawyers Association AILA which, through seminars and publications, has sought to raise the level of expertise in the practice of immigration law.
The immigration laws and administrative structure and procedures described in this Nutshell have changed significantly in the twenty-six years since the publication of the first edition. After September 11, , the threat of terrorism stimulated efforts to increase border security and tighten visa and admission procedures. These security concerns have led to increases in funding and staffing for the Department of Homeland Security and agencies the Department oversees: As a result, immigration authorities are apprehending, detaining, prosecuting, and removing undocumented immigrants at unprecedented rates.
In addition, lawyers should remember that immigration officers are administrative decision-makers who ought to receive the same sort of attention and polite, effective advocacy as judges. Certainly, immigration laws and the multitude of immigration forms about which the student has read are not invitations to forget all the advocacy skills used in other contexts. Congress and the Administration have undertaken reforms to modernize immigration procedures, to resolve at least partially the very difficult problems created by the hundreds of thousands—if not millions—of non-citizens who wish to live in the United States, and to decide which non-citizens should be allowed to immigrate.
Many elected representatives, immigration officials, and lawyers recognize that new reforms are necessary to improve the current immigration system, but the debate over immigration reform has proven to be contentious and polarizing. Nonetheless, immigration concerns will continue to persist. Population analysts have noted that the U. During periods of high unemployment and economic distress, however, immigration becomes particularly unpopular and the long-term needs of the U. The Congressional Role in the Immigration Process 39 results showing 5 best matches.
The most obvious responsibility of Congress in the immigration arena is considering public legislation. Congress took virtually no action in this regard until passing its first general immigration statute in Over the next 70 years, Congress passed a variety of restrictive immigration laws.
In large part these laws were aimed at excluding Asians, criminals, and the diseased from the U. Private legislation provides another way for Congress to contribute in the immigration area. Private legislation, through a private bill, may be introduced specifically to benefit an individual non-citizen or a group of non-citizens.
In effect, through this process, a non-citizen is asking that he or she be exempted from the general immigration laws. In conjunction with this request, Congress acts as a tribunal of last resort—primarily through the House and Senate Subcommittees on immigration. Congress is generally hesitant to provide exceptions to immigration laws, however, unless individual circumstances are compelling enough to outweigh concerns about undermining those laws.
Former House Subcommittee Chairman Mazzoli, in introducing the House procedures and policy for private bills in the 99th Congress, spoke to this practice. Members of the U. Senate and House of Representatives are important actors in the formation of immigration law and policy. They draft and approve legislation that, with Presidential signature, becomes the foundation of U. Congress performs other vital immigration functions as well.
In cases of extreme hardship, private legislation may be passed providing lawful permanent residence or even citizenship to an individual. Senators and Representatives are available to take up the case of a non-citizen who may be having administrative problems with immigration authorities. Both houses of Congress hold oversight hearings in which they examine the internal workings of the immigration agencies. Furthermore, particularly in the area of refugees, the executive branch must regularly consult with Congress. Casework in the immigration area often involves the interests of a U.
Such communication is occasionally helpful in relieving excessive delays and ensuring that the immigration bureau is enforcing immigration laws in accordance with congressional intent. Sometimes, the Congressperson will also write a letter in support of a non-citizen, either to the DHS directly or to a U.
To ensure that a letter of support is warranted, however, the Congressperson will often require extensive information on the The Act was an example of an attempt by Congress to update family immigration quotas in light of increasing demand, modernize grounds of inadmissibility, toughen laws related to non-citizen criminal offenses, and to create a more globally competitive workforce while trying to protect the U. The Act manifests the capacity of Congress to make radical changes in immigration legislation, especially in enforcement, grounds for inadmissibility and removal, restrictions of benefits for non-citizens, and procedures for seeking asylum.
The Act demonstrates the power of Congress to alter the structure of immigration agencies, as it dismantled the Immigration and Naturalization Service INS and created U.
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Citizenship and Immigration Services handling immigration benefits , U. Immigration and Customs Enforcement handling interior enforcement , and U. Customs and Border Protection handling border enforcement. Congress placed these restructured Open Chapter. Bibliography results showing 5 best matches. This chapter suggests some principal references for research in immigration law.
Code incorporating all the Public Laws listed in this section is available at http: Removal Proceedings and Relief From Removal results showing 5 best matches.
Immigration law and procedure in a nutshell - Catalog - UW-Madison Libraries
Local law enforcement officials have in the past participated in immigration enforcement activities. In , F. State and local law agencies usually enforce immigration laws indirectly, however, by reporting persons who are suspected of violating immigration laws to immigration authorities. A few provisions of the INA allow local law enforcement agencies to participate more directly in immigration enforcement. Participating officers, supervised by immigration officials, can interrogate persons suspected of immigration violations, prepare Notices to Appear which initiate removal proceedings for signature by authorized immigration officials, and assist in pre- or post-arrest processing of non-citizens.
Many local communities have passed ordinances prohibiting cooperation with federal immigration authorities because they feel assistance would undermine their ability to fight crime and enforce state or local laws in immigrant communities. The Tenth Circuit in , F. The arresting officer must base the belief on something more than mere suspicion.
After an arrest made without a warrant, immigration officials must follow specific administrative procedures. Once arrested, the non-citizen is taken before a different immigration officer for questioning unless no other officer is readily available. The judicial function was separated from the investigation and prosecution functions in a reorganization. The increased proliferation of local laws targeting undocumented non-citizens has prompted litigation throughout the country.
Hazleton, Pennsylvania, for example, passed an ordinance entitled the Illegal Immigration and Reform Act that imposed fines on landlords renting to undocumented immigrants, and suspended or removed the licenses of businesses that hired undocumented workers. The federal Immigration Reform and In , Congress tried to provide such a clear and unambiguous statement with the REAL ID Act, seeking to eliminate habeas jurisdiction of removal orders. The Act, however, allows for judicial review of factual and discretionary decisions that prompt constitutional claims or questions of law.
In contrast, the Ninth Circuit in , F. In , Arizona passed a far-reaching immigration law aimed at dramatically expanding the power of local law enforcement officials to curtail undocumented immigration. The law authorizes local and state police to detain and conduct status checks of individuals they suspect are undocumented immigrants. The law also makes it a criminal misdemeanor for immigrants not to carry documentation of their citizenship or residency status.
A provision of the law allows local citizens to sue local governments and agencies to enforce state and federal immigration laws. Many, including President Obama, condemned the Arizona law for invading federal authority as well as encouraging harassment and racial profiling of Hispanics. The federal government cannot compel state and local officials to enforce federal immigration law.
Federal statutes, however, can authorize willing state and local officials to carry out federal immigration laws in designated circumstances. The statute requires state and local police to confirm the illegal status of a non-citizen with federal authorities before making Lower courts have upheld state and local enforcement of the criminal provisions of federal immigration law.
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In addition, courts have determined that federal statutes do not preempt state laws authorizing police to arrest non-citizens for violations of federal immigration law. Disputes remain, however, concerning the authority and role of state and local authorities in enforcing the civil provisions of federal immigration policy. Immigration Law and Policy results showing 5 best matches. In , 1, pieces of legislation were introduced in all 50 states aimed at deterring undocumented immigration; of the bills passed in 41 states.
The number of immigration bills introduced in represented a five-fold increase from Many of these laws attempted to tighten citizenship verification and eligibility for employment, state benefits, and state licenses. IMMACT 90 established an annual limit for worldwide immigration of , for three years, after which it decreased to , Because other provisions of the Act allowed immigration of groups not counted in the ,, and a separate law permitted as many as , refugees to be legally admitted, the actual worldwide immigration limit was closer to , World War I naturally limited immigration by making shipping less available, but after the war, immigration began to grow again.
Dissatisfied with its latest set of quality exclusions, Congress implemented numerical controls. Enacted first as a temporary measure, the Quota Law marked a major shift in the U. The total quota was ,, but because fewer foreign-born persons from the South and East of Europe lived in the U. The effect of the quota allotments was to restrict immigration from the disfavored regions; the northern and western countries of Europe did The Immigration and Nationality Act of INA consolidated previous piecemeal immigration laws into one coordinated statute.
As amended, the Act provided the foundation for immigration law in effect today. The arguments against free immigration—that is, for maintaining a restrictive immigration policy—have figured prominently in the history of U. These reasons are often based upon a fear that increased immigration will compromise the U. It is argued that the very reason immigrants have historically been attracted to the United States— Open Chapter.
Administrative Structure of Immigration Law 43 results showing 5 best matches. It is divided into five operational divisions for immigration investigations, detention and removal, Federal Protective Service, international affairs, and intelligence. The immigration investigations program seeks to identify and remove non-citizens who are in the United States in violation of the law. The detention and removal program supervises the detention of non-citizens, represents the government in immigration proceedings, and executes the removal of non-citizens who have received a final removal order.
The intelligence program provides information to aid in policy-making and day-to-day immigration operations. Until , the Department of Justice was responsible for most immigration functions. The Immigration and Naturalization Service INS , an agency of the Department of Justice, handled immigration and citizenship services and enforced immigration laws. These functions have now been transferred to the Department of Homeland Security. The EOIR is charged with interpreting and administering federal immigration laws and maintains three components: The functions of enforcing immigration law and administering immigration and citizenship benefits are now principally handled by three subdivisions of the Department of Homeland Security: Citizenship and Immigration Services, the U.
Immigration and Customs Enforcement, and the U. Customs and Border Protection. While due process arguments failed, the desire for professionalism within the INS and the need for more predictable, rational adjudication resulted in changes. Beginning in , the INS required immigration judges to have law degrees.
In , the EOIR developed new measures to improve the quality of the immigration courts. These measures included new examinations and performance evaluations for immigration judges and BIA members as well as producing the Open Chapter. Ethical Dimensions of Immigration Practice 38 results showing 5 best matches.
Immigration lawyers are confronted by ethical issues more often than the majority of other practitioners. The non-citizen clients of the immigration lawyer are often suspicious about the fairness of United States laws and administrative practices and are usually unfamiliar with them. Some non-citizens may try to suggest or pursue courses of conduct from their culture that might be inappropriate or, perhaps, unethical for a lawyer in the United States. In addition, immigration lawyers are frequently confronted with issues of dual representation.
Hence, the student of immigration law should be aware of the ethical dimensions of an immigration practice. In such circumstances, a lawyer faces either violating the mandate regarding client confidences or violating the mandate regarding false statements. The Model Rules provide no clear answer. Minnesota Rules of Professional Conduct 3.
The Model Rules suggest that the lawyer is charged with preserving client confidences only within the bounds of the law. The second source derives from the regulations governing the conduct of lawyers who appear before the Department of Homeland Security. In , the Code of Federal Regulations listed fifteen nonexclusive reasons for suspending or disbarring the immigration lawyer, some of which overlap the Model Rules and some of which are unique to immigration practice.
In , the grounds for suspension or disbarment were moved to 8 C. In , the Executive Office for Immigration Review added more grounds for disciplining an immigration lawyer. Many of these additional grounds are similar to grounds for attorney sanction under the Model Rules, such as failing to provide competent representation or failing to maintain communication with a client. On the one hand, the Model Rules require the attorney not to reveal a confidence except in a limited number of circumstances.
Model Rules of Professional Conduct Rule 1. In addition, Rule 1. On the other hand, the Model Rules and the applicable C. The Code of Federal Regulations contains similar language.
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On certain applications, the lawyer is required by law to reveal information about his or her client. If the lawyer knowingly makes a false statement on these forms, he or she is subject to substantial penalties. Refugees and Asylum results showing 5 best matches. The Nutshell uses these phrases interchangeably. Asylum seekers may be placed in removal proceedings in a number of ways: Once a Notice to Appear is filed with the immigration court, jurisdiction over the individual rests with the immigration judge, and any claim for asylum or related relief will be adjudicated by the immigration judge.
Asylum may be terminated under certain circumstances. An immigration judge or the BIA may reopen proceedings to terminate a grant of asylum. An immigration judge may terminate asylum at any time after the non-citizen has been provided a notice of intent to terminate. The termination may occur in conjunction with a removal proceeding.
In light of the small percentage of applicants actually granted asylum affirmatively for fiscal years Immigration and Customs Enforcement ICE has initiated removal proceedings against a non-citizen, the non-citizen may apply for asylum as a defense to removal if the application is submitted within one year of his or her latest entry to The decision by an asylum officer to approve or deny asylum and refer the asylum application to the immigration judge must be communicated in writing to the applicant.
The regulations do not require an asylum officer to state reasons for referrals, although formal written assessments are maintained by the asylum office and are available to the applicant through the Freedom of Information Act FOIA. There is no right to appeal a decision of an asylum officer, but the application can be renewed If the asylum officer finds the application unmeritorious and the non-citizen is still Criminal Aspects of Immigration 88 results showing 5 best matches.
Criminal prosecutions have become a signification part of immigration law. Criminal prosecutions for immigration offenses rose dramatically from 17, prosecutions in to 91, prosecutions in Moreover, prosecutions for immigration offenses accounted for fifty-four percent of all federal criminal cases in The vast majority of these prosecutions are for unlawful entry or reentry, and roughly ninety percent of immigration cases are brought in the five federal districts located along the United States—Mexico border.
While at one time individuals usually faced just the possibility of removal for such immigration offenses, it is now the case these violations will result in both criminal prosecution and removal. Those persons convicted for unlawful entry or reentry serve an average sentence of less than six months before facing removal. The consequence of a conviction is significant as criminal conduct constitutes a ground for inadmissibility that could prevent an The Immigration Marriage Fraud Amendments of intended to deter non-citizens from seeking immigration benefits through a fraudulent marriage to a U.
The Fraud Amendments also provide a criminal penalty for marriage fraud. These registration requirements have been part of immigration law since the Alien Registration Act of , 54 Stat. The INS routinely waived the fingerprinting requirements, and nonimmigrants received no registration card other than the Form I—94 Arrival—Departure record.