Immigration Law Outline Aaron Fa06

Immigration Law Outline Aaron Fa06 - INTRODUCTORY NOTES...

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INTRODUCTORY NOTES PLENARY POWER OF CONGRESS/LIMITS ON CONGRESS’S POWER Ways to Acquire Citizenship (1) birth - most common way to acquire citizenship - INA bestows citizenship to kind by decent (2) naturalized citizenship - obtaining citizenship some time after birth - must satisfy requirements affirmatively apply for citizenship must becomes lawful permanent resident (“LPR”) reside in U.S. for 5+ years other requirements concerning physical presence in U.S. - Note: expatriation is voluntary relinquishment of citizenship Types of Noncitizens (1) non-immigrants (“NIM”) - those who fall w/i several specially enumerated categories of typical temporary entrants - numerically unlimited (2) immigrants (“IM”) - aliens other than non-immigrants - includes aliens lawfully admitted, and those who are in U.S. unlawfully - worldwide quotas, and country specific quotas Visa Applications - Baseline Rule: non-citizens need visa to enter U.S. - Exception: visa waiver program where nationals of countries w/trad low rates of visa refusals and visa abuse may enter U.S. as tourists or business visitors for up to 90 days w/o need for visa - visa document that permits applicant to obtain transportation to U.S. and satisfies requirement of admission - subject to INS second check upon inspection - NIM visas for short period of time; - IM visas often lead to citizenship, and must be used w/i 6 months - application for visa made at consular office where alien resides. - ! administrative appeal of consular decision denying an application for NIM or IM visa See §104(a) (stating that Secretary of State in charge of INA and other immigration laws except those powers and duties conferred upon consular officers relating to granting/refusal of visas). -No judicial review of consular decision denying visas: Hermina v. Sague (holding no provision in INA provides for official review of consular office’s action) Constitutional Sources of Federal Immigration Power (1) commerce clause - congress may “regulate commerce w/ foreign nations” - aliens bring wealth, labor, etc.; regulation of their navigation from foreign countries is t/f regulating commerce - congress permitted to regulate activities “substantially effecting” interstate commerce commerce are substantial and affects interstate commerce (2) migration and importation clause - appears to state that Congress may prohibit migration and importation after 1808 - enacted to deal w/ slavery ! immigration (3) naturalization clause - authorizes Congress “to establish a uniform rule of Naturalization” - potential for immigration control (control of admission and expulsion into/from U.S.) to be brought in under “necessary and proper” clause. Congress’s Broad Plenary Power
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Immigration Law Outline Aaron Fa06 - INTRODUCTORY NOTES...

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