Law Outlines Immigration Law Outlines
This is the Immigration Law outline I used to receive the highest grade on the final exam. The outline is long (50 pages) and comprehensive. It covers every subject related to U.S. immigration laws.
Visit http://shonhopwood.com/ to learn about the author's incredible journey to law school....
The following is a more accessible plain text extract of the PDF sample above, taken from our Immigration Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
OVERVIEW, CONSTITUTIONAL ISSUES, IMMIGRANT & NON-IMMIGRANT PRIORITIES
Sources of Immigration Law
Immigration and Nationality Act (INA) (1952)
Title 8 of U.S. Code and regulations in 8 CFR
Immigration Status
Only Applicable to Aliens
Category of Admission
Admission – Inadmissibility
Even if you qualify for immigrant or non-immigrant category, you must also be admissible
You CANNOT fall under any inadmissibility grounds - INA §212(a)
Consular offices check abroad and officers check at border
Removal – Deportability
To Stay in the U.S. as an alien, you must NOT ONLY maintain legal immigration status, but also AVOID falling under any deportability grounds – INA §237
Who Enforces Immigration Law?
State Department
Regulates and enforces immigration laws overseas for foreign nationals trying to enter the U.S.
DHS retains right to review decisions of the consular officers
Within the U.S. it oversees educational exchange programs and refugee affairs
DHS
Enforces and regulates immigration within the U.S.
USCIS – United States Citizenship and Immigration Service
Administratively regulates Non-Citizens with issues such as visa application processing
ICE – Immigrations and Customs Enforcement
Enforcement of immigration laws and regulations within U.S.
CBP – Customs and Border Patrol
Immigration Enforcement along U.S. borders
DOL
Regulates employment related immigration
HHS
Regulates public health issues related to immigration and refugee resettlement through two departments
Office of Refugee Resettlement
Also responsible for unaccompanied minors
Public Health Service
DOJ
Through EOIR (Executive Office of Immigration Review) adjudicates cases involving
Alien’s right to remain in US (Removal Hearings)
Unauthorized hiring of aliens
Employment Discrimination against aliens
Three Units of EOIR
OCIJ – Office of the Chief Immigration Judge
Oversees immigration judges who adjudicate removal hearings
Decisions NOT BINDING precedent
BIA – Board of Immigration Appeals
Hears appeals from IJs and USCIS decisions
Decisions are BINDING & PRECEDENT
Judicial Review of BIA decisions can be done by: 1) Federal COA; 2) SCOTUS
OCAHO – Office of the Chief Administrative Hearing Officer
Adjudicates unauthorized employment of aliens and job discrimination against aliens
Plenary Power
Congress has PLENARY powers over exclusion and removal or aliens
NO JUDICIAL REVIEW: Special Judicial Restraint exercised by SCOTUS: “Over no conceivable subject is the legislative power of Congress more complete”
Plenary Powers of Congress Include:
Discrimination on race, gender, legitimacy
Restriction of political speech
Disregard procedural due process when excluding aliens
Sources of the Federal Immigration Power
Commerce Clause (U.S. Const. Article I, § 8, cl. 3)
Congress may “regulate commerce with foreign nations”
Congressional power to regulate activities substantially affecting interstate commerce EVEN if effect is indirect (Wickard v. Filburn)
The Migration or Importation Clause (U.S. Const. Article I, § 9, cl. 1)
Congress can prohibit “migration or importation of” persons beginning in 1808 (Reference to Slave Trade)
The Naturalization Clause (U.S. Const. Article I, § 8, cl. 4)
Congress is authorized to “establish a uniform rule of naturalization”
The War Clause (U.S. Const. Article 1, § 8, cl. 11)
Congress has the power to “declare war”
Implied Powers: Chinese Exclusion Case (1889): Does statute revoking validity of Ping’s immigration certificate violate US-China treaty, and does revocation of Ping’s right to land violate Constitution?
Treaty Issue: Last action in time controls, therefore, the statute nullifies contradictory points of the US-China treaty
Constitutional Issue: Federal power to revoke right to land drawn from: 1) Commerce Clause (Foreign Affairs Power); 2) National Security Interest; 3) Sovereignty/Independence (U.S. not subject to foreign control over entry into it)
Beyond the Constitution
Curtiss-Wright’s (1936) Extra-Constitutional Theory of Federal Power over External Affairs
Sovereignty passed from Britain to U.S. at independence to States in their collective capacity
Constitution only intended to reallocate powers States already possessed in individual capacities
So ALL sovereign power remained with Federal Government and NO Federal sovereign power dependent on Constitutional grant
Residual State Power
State Preemption by Federal: Test Compare scope of Federal and State actions
What State regulation IS ACCEPTABLE? Power to exclude certain classes of undesirable immigrants not expressly prohibited in absence of federal legislation
Plenary Power Doctrine: Congressional exercise of exclusion power NOT reviewable for compliance with constitutionally protected individual rights
Harisiades v. Shaughnessy (1952): Permanent Residency confers VESTED RIGHT equal to that of citizenship to remain in country and to Constitutional Protection
Vested Right Defense
LPRs failed to naturalize and thus, as foreign citizens, retained rights under international law that U.S. Citizens do not have
Due Process
Exercise of power to deport under prohibition on Communist membership reasonable
Judiciary can’t decide whom to exclude because this is a POLITICAL QUESTION
US Citizens are sent out of the country based on the threat posed by communism and LPRs don’t deserve greater protection from hardship than citizens
1st Amendment Argument
The First Amendment does not protect speech inciting violence and government overthrow
Constitutional Challenges
Generally: Appears that SCOTUS is barring any consideration of individual rights limitations in the Federal Exclusionary power on the basis of sovereignty and they seem to be making individual rights limitations a political question not open for judicial review
Equal Protection
Fiallo v. Bell (1977): INA did not permit...
Buy the full version of these notes or essay plans and more in our Immigration Law Outlines.
This is the Immigration Law outline I used to receive the highest grade on the final exam. The outline is long (50 pages) and comprehensive. It covers every subject related to U.S. immigration laws.
Visit http://shonhopwood.com/ to learn about the author's incredible journey to law school....
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