Immigration Law - Spring 2002 - #2

Immigration Law - Spring 2002 - #2 - www.swapnotes.com...

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1 Immigration Outline I. Plenary Powers of Congress: (1) Aliens : these are people who are visiting the U.S., are here going to school, or are lawful citizens; but they have chosen (or are not allowed) to become citizens of the U.S. . a. S . C.: Aliens are not Citizens and the Attorney General has the ultimate say in Policies involving Aliens. § 103 and § 104 : AG has the ultimate control b. American Consol : is the only American Official who CANNOT be overturned by anyone, there is no review. c. Attorney General : He is basically the Superman of the whole get-up. There is a board of immigration appeals, and when they affirm the decision, the attorney general can reverse the decision. (2) What the Law is and How it Works: a. Nationality Act of 1952: (pre is in notes) in 1952, Congress passed the Immigration and Nationality Act. b. Walter McCarion Act: this eliminated the quota system for the Western Hemisphere, this did not last long. Congress eventually imposed the same quota system on the West as they did the East. c. In 1965, this was Eliminated: they took certain classifications and took them out of the quota system (250,000). I.E. Women and Children of American citizens are not included. i. Preferences: based upon family, job and investors who create work. There is a limitation of religious workers, and in the end, they instituted a lottery. d. 1980: War Brides; Displaced Persons Act; Refugees Relief Act; Cuban and Hatian Relief Act: These were programs aimed at helping people out. In 1980, they passed the Refugee Relief Act which allows the president to grant a certain number of spots for them. Political Asylum also became an option. e. 1986: any person who had been in the U.S. illegally since 1982 could apply for perm. Residence. f. Marriage Fraud Act of 1986: all new marriages only create conditional residence: need to come back with documentation and have an interview, or better have a damn good reason for no longer being together. g. Re-definition of Aggravated Felony: this took place in 1996 and it made criminal aliens deportable who were not previously deportable. h. § 103 and 104: i. Attorney General: is the main stay. ii. Labor Department: plays a critical role in providing assistance for labor certifications. iii. Medical Agency: iv. U.S. informational Agency: i. Naturalization: After being in the country for certain length of time, one can apply for naturalization. j. De-Naturalization: can occur when something is done by a person that makes it obvious that they are revoking citizenship (fraud). k. Removal Proceedings: i. Inadmissibility: those who are seeking admission ii. Deportability: those who have already been admitted. www.swapnotes.com
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2 II. Limits on the Federal Immigration Power: (1) What is the Effect of the Con. on Immigration: Congress in the field of immigration is invincible. Power to Exclude Non-Citizens:
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This note was uploaded on 02/14/2008 for the course LAW 7781 taught by Professor Staff during the Spring '06 term at Yeshiva.

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Immigration Law - Spring 2002 - #2 - www.swapnotes.com...

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