IMMIGRATION - Huntington - Spring 2006 - OUTLINE-1

IMMIGRATION - Huntington - Spring 2006 - OUTLINE-1 -...

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IMMIGRATION OUTLINE Alienage law – treatment of immigrants in the US Immigration law – laws governing coming and leaving country, purely crossing the border (who and for how long) Immigrant – comes to US w/ intent to make US their permanent home Non-Immigrant – come to US but do not intend on making it home (students, Parolees: admitted to country on parole, only temporarily Refugees: national or political disaster in their own country Asylees: came to US seek asylum Affiliation arg: they have made their homes here, have a strong affiliation w/ the US, stake in the country (Brewer’s and Fuller’s dissents in Fong Yue Ting ) Cannons of Constitutional Doubt - if a statute raises a serious Q as to it’s constitutionality, AND the stat is ambiguous (not clear what Cong wanted) and the CT can read it two ways, one being that stat would be a constit violation and one being there would be no constit violation, then the CT is obligated to read it as if the stat is not a unconstit (as in Chew ) ( Zadvydas ) - A subspecies rule of constit avoidance (CT doesn’t want to decide constit Qs so it tries to decide on statutory ground) leaving gaps ” – Cong sets out broad pol goals but not given all the details, its left gap for admin agency (DHS) to determine what the standards are (ie: DHS must decide at what point a person is considered to be battered) A theme – want people to be like us – assimilation is huge theme throughout Am hx (kind of ironic) did it with Indians and with Chinese (accused of not being able to assimilate) PPD Chinese Exclusion Fong Yue Ting o Use to argue against legis/exec being able to make distinctions like in Fiallo- Ct left open its pwr to review for just this reason, a more egregious case o Immig law has lots of distinctions based on nationality (where passport is from), as opposed to national origin and race. These are different, are immutable characteristics. In law, generally more suspicious of distinctions based on nat origin, but in practice, nationality and nat origin is usually same for most people Unclear what level of scrutiny gender gets, it’s probably a little below race even if ct cant review b/c PP doct is about jud restraint, there’s arg that Cong and Exec should police themselves, they shouldn’t even try to pass such a law, and if Cong does pass then the Exec should not enforce it – Cong and Exec still have duty to act constitutionally per the PP doctrine Cong can make rules for immigs that it would not be able to make for citizens ( Demore ) Maybe Constit should apply to immig laws b/c PPD is from a time when we thought that the fed gov definitely had this pwr (Chin reading) Three Concepts/Principles of Immig Statutes Congruence : What is the congruence btwn the statutory goal and the actual statute o Like the statute about F and illegitimate children (over-inclusive and under-inclusive) o IF Cong has a specific goal, Q is: Is the statute that Cong passed congruent with the goal
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This note was uploaded on 02/12/2008 for the course LAW 7065 taught by Professor Huntington during the Spring '06 term at Colorado.

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IMMIGRATION - Huntington - Spring 2006 - OUTLINE-1 -...

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