Immigration Outline - Immigration Outline and Notes...

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Immigration Outline and Notes Professor Trucios-Haynes Chapter Two Foundations of Immigration Power A. A Brief History of Immigration to the United States\ a. The evolution of U.S. immigration policy i. Immigration Policy and the National Interest ii. Developments at the Turn of the 21 st Century iii. Immigrants in the U.S. today iv. Immigrant America: A Portrait v. Notes: 1. General Stats 2. Educational characteristics 3. Employment 4. Income and Poverty B. The Sources of the Federal Immigration Power a. Chinese Immigration i. 1868 – Burlingame Treaty – limited numbers of Chin immigrants, suspended immigration of Chin laborers 1. Chin labor said to threaten interests or good order of the US ii. 1882 – First Chin Exclusion Act – stat that suspended immigration of Chin laborers for 10 years 1. Existing Chin residents req’d to have certificate to re-enter by 1884 iii. 1888 – Exclusion act prohibits entry of all Chinese iv. Chinese exclusion repealed quickly when Chin became allies in WWII 1. Japan used Exclusion Act as propaganda against US b. Chinese Exclusion Case (Chae Chan Ping v. United States) i. Facts: Alien previously lived in US, got certificate to establish residence for re-entry, traveled to China ii. While in China, law changes to completely exclude Chinese entry even with certificate iii. Seeks reentry as immigrant iv. Establishes plenary power of Cong to legislate immigration restrictions 1. Congress’s decision is conclusive upon the judicial a. Congress’s power during wartime even more critical b. Broader than plenary power today 2. Power to exclude foreigners is incident to sovereignty a. Right to exercising this power can’t be granted away or restrained
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3. If foreign gov’t is dissatisfied, can complain to head of the exec branch c. Fong Yue Ting v. United States i. Facts: Right of nation to deport foreigners not naturalized or haven’t taken steps to becoming citizens is same as exclusion 1. Plenary power to deport just like plenary power to exclude ii. Ekiu : Cong could let exec officer make final decision on alien’s rt to remain satisfies due proc iii. Deportation is not punishment – thus no proc due proc viol iv. Criteria for aliens to remain in US is political question v. Substantial due process is not barrier to reasons for removal 1. But proc DP still available for immigrants to argue vi. Brewer Dissent: Deportation is different from exclusion – aliens present have more rights – this is due proc viol 1. Const has no extraterritorial power – i.e. location of gov’t
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

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Immigration Outline - Immigration Outline and Notes...

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