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IMMIGRATION LAW OUTLINE I. Introduction A. Prev, 2/3 immig from Europe; now mostly Latin America, Asia, Africa B. Post-9/11 is new era in immigration – natl security era C. Const law takes peculiar twists in immig context D. Formal immig law can only be understood in context of broader societal principles E. Terminology: 1. “Alien” – any person not a citizen or national of the U.S. a. Aka non-citizen 2. Don’t say “undocumented immigrant” – immigrants always have legal permission 3. LPR = PRA (permanent resident alien) a. Underlying goals: 1. Unite family members 2. Provide needed employees 3. Provide humanitarian relief for those fleeing persecution – refugees (not discussed) 4. Diversity visas (not discussed) F. When counting immigration stats, AOS counts as a new immigrant admission 1. Peak in 1990 under IRCA Amnesty 2. For nonimmig entry stats, ppl who have multiple entries each year inflate the number of entries a. 15% decrease since 2001 G. INA consids records of refusal to issue visas to be confidential – what’s the provision? H. Normally persons are not deported for overstaying or for visa fraud 1. But post-9/11 enforcement policies changed I. When arguing: 1. Statuts first – using stat interp, e.g. plain language 2. Cases 3. Policy – should be last resort J. Arguing the rts of the alien vs the rts of the USC K. Civil vs crim stats w/ immig consequences: 1. Crossing border illegally is crim – can arrest for it 2. Overstay and persons ordered deported and absconded – civil law viol only A. History A. 1700s 1. No limitation on immigration 2. At least 70% of Brit origin, 15% blk, 15% Amer Indians 3. USC reqs: 2 yr residency, renunciation of former allegiances incl nobility titles 4. 1798 Alien Enemies Act – gave Prez power to deport any alien he consid dangerous to natn’s welfare a. Now INA § 212(f) – primarily used to make political statements B. 1800s 1. Under republicans, all who want to come are welcome but no special inducements/privileges 2. 1840s – Catholics start immigrating in large numbers a. Anti-immigration coalition – Protestant evagels, nativists, Know-Nothings Party i. But still much potent support for open immigration
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3. Post-Civ War – preference for labor of wht immigrants vs freed slaves a. Roots of anti-immigrant sentiment in black population 4. Source of immigration changes to East and South Eur 5. 1875 – exclusion of prostitutes, convicts, other undesirables 6. 1882 – Exclusion of lunatics, idiots, convicts, public charges a. Also Chinese Exclusion Act – result of anti-Chinese sentiment post-railroad construction i. “We’re under no oblig to see all races and nations enjoy equal chance of getting here” C. 1900-1952 1. Gentlemen’s agreem of 1907 – Jpn excluded 2. Dillingham commission – supported restrics on entry and racial darwinism 3. Literacy req – must be literate in your own language (not neces Eng) a. Literacy reqs vetoed by three Prez 4. 1921 – Natl Origins Act – estabs natl origins quota
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