UNIVERSITYof PENNSYLVANIA

SCHOOL OF LAW

US IMMIGRATION LAW & POLICY

Fall 2003

Tuesdays

Fernando Chang-Muy, Lecturer

Email:

Office Hours: by appointment and via email

This course will explore immigration policy and provide a comprehensive overview of the legal framework that regulates the admission, exclusion, removal and naturalization of aliens in the United States. The course begins with a brief review of the history of immigration in the United States, a discussion of the morality of immigration restrictions, an analysis of the economic and fiscal effects of immigration, and an examination of the constitutional basis for the federal government’s plenary power over immigration matters. The course then covers the existing categories of non-immigrant and immigrant visas, the statutory and regulatory provisions that can trigger inadmissibility and removal, the issue of unauthorized entry, and the constitutional law regarding restrictions on immigrant access to public benefits. The courser also provides an introduction to asylum and refugee law, by presenting the statutory and regulatory provisions. Students will then combine theory with practice by going a field trip on a weekend to a detention facility where the government houses asylum seekers. Students will then apply their knowledge of law and procedure and interview detainees, draft an affidavit requesting asylum, and research the asylum seekers’ claim to human rights abuse in an effort to obtain asylum and/or release from a Pennsylvania county jail. Lecture/Socratic style. Essay, closed book, in class exam.

Course Materials:

Required:

  1. Immigration and Refugee Law and Policy, Stephen H. Legomsky (SecondEdition)
  2. UN Handbook on Procedures and Criteria for Determining Refugee Status (to be distributed in class)
  3. Law School Email accounts; familiarity with the use of the World Wide Web and training on a browser
  4. Readings from text or Web
  5. Judicial decisions from text or Web

Recommended:

  1. Immigration Law and Procedure in a Nutshell, Weissbrodt
  2. 8 United States Code (Aliens and Nationality), available electronically at
  3. 8 Code of Fed. Regs. (Aliens), available electronically at:
  4. Interpreter Releases, available in the Library and electronic summaries

Course Format:

-Law, regulation and practice discussion facilitated by instructor

-Law and Policy discussion and critical analysis by both students and instructor

  • (Small group discussion)

-Case Law and policy discussion facilitated by students

  • (Small group discussion)

Grading:

1. One mid term Affidavit

2. One Final Essay

Essay will be curved, following LawSchool protocol of

A+

A

B+

B

B-

C

Essaysshould include the following:

1. Identification of issues

2. Analysis/dissection of issues

3. Disposition/resolution of issues with supporting law, regulations, caselaw

4. Organization and clarity

Summary of Syllabus

WeekTopic

  1. History/Statutory/Regulatory Scheme/Administrative Agencies
  2. Non Immigrants
  3. Immigrants
  4. Refuge/Asylum
  5. Refugee/Asylum
  6. Field Trip practicum
  7. Refuge/Asylum De-briefing

Mid term Assignment

  1. Possibly no class in lieu of Field Trip
  2. Introduction to Inadmissability
  3. Introduction to Removal

Declare intent to fulfill Senior Writing Requirement by submitting Outline (see below)

  1. Relief from removal
  2. Administrative Procedures

Senior Writing Requirement Students Only: First Full Draft Due

  1. Naturalization
  2. Wrap Up

Final Exam + Course Evaluation

Senior Writing Requirement Students Only: Second full Draft Due

Syllabus

The class is divided into three thematic portions, reflecting both the major statutory scheme and relevant issues in Immigration Law:

  1. Migration (temporary and permanent);
  2. Inadmissibility and Removal (formerly Exclusion and Deportation); and
  3. Naturalization.

Week One: Overview of Course

  1. Introductions

3 Course philosophy and syllabus

4Course Requirements

5 US Constitution: (

6 Brief History of Immigration to the US (19, 99-120)

7The Players: Federal Agency Interrelationships

organizational chart) (Compare to

organizational breakdown)

7. Statutory Scheme (110-112)

1952 INA

Amendments to the Act: (Laws, Public Laws Amending:

+

Guide to acronyms:

8. Congressional Authority in Immigration issues

A. Enumerated Powers (Pages 9-13)

Implied Powers (Pages 13-21)

Beyond the Constitution (Page 24)

State Power (Pages 25-26)

B.Limits to the Federal Immigration Powers (Pages 26-42)

Foundation Cases

:Chinese Exclusion Cases pages

Assignment:

  1. For this week: pages 1-42
  2. View Web sites to date

For Week 2:

  1. Get statistics of immigration to US: [Public affairs/statistics/Annual report]; compare with

Week Two: Introduction to Immigration Scheme

Whom Shall We Welcome: Non-immigrant and Immigrant

Migrating to US temporarily as a Non-Immigrant

  1. Morality of Immigration restrictions (Pages 241-246)
  2. Read any ONE of the three essays 252-270
  3. US policies towards undocumented
  4. Employer Sanction: (1121-1127)
  5. Public Benefits: (IRRIRA) (1142-1147)
  6. Education: Plyler v. Doe (1147)
  7. Discrimination: (11351141)
  8. Proposition 187 (1163)
  1. Non-Immigrant visas (223-260)
  2. Commercial (320 – 349)
  3. Educational 350 – 363)
  4. Tourists (364- 367)
  5. Fiance (368-371)
  6. Other: Humanitarian: Humanitarian: T Visas:

See also:

P.L. No 106-386 Victims of Trafficking and Violence Prevention Act

  1. Issues:
  2. Intent (373-375)
  3. Change (378 379)
  1. Applying for Entry:
  2. Visa Applications (432-436)
  3. Hermina Sague (445-448)
  4. At the border (454)
  5. Hearings (455-458); See: BIA Precedent Setting Table
  6. Expedited Removal (458-461)

Lanre Ogundipe V. Petitioner v. U.S. Department of Homeland
Security, et al, Respondents UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
PENNSYLVANIA
2003 U.S. Dist. LEXIS 21037
October 24, 2003, Decided
October 24, 2003, Filed

Week Three: Introduction to Immigration Scheme:

Migrating to US permanently as an Immigrant:

Family Reunification and Labor Certification

General (136-138)

For general information and listserves

1. Family Reunification (147 – 186)

  1. Spouses
  2. Same Sex Marriage
  3. Not required: Scaperlanda, Michael A. Kulturkampf in the backwaters: homosexuality and immigration law. 11 Widener J. Pub. L. 475-514 (2002).
  4. Other Family Members
  5. Issues:
  6. Death of sponsor and substitution: P.L. 107-150 March 13, 2002
  7. Bars to adjustment:
  8. INA 245(c)(2),(7),(8)
  9. Exceptions: 8 CFR 245.1(d)(2)
  10. Immigration Fraud Amendments (146); US v. Orellana-Blanco (9thCir Ct App) June 26, 2002
  11. Battered Spouse sec. 216(c)(4)(C)
  1. Adoption (165) Child Citizenship Act
  2. Abandonment of Residency:HARBINDER DHARIWAL SINGH, v. RENO
  1. Procedures
  2. Visa Petitions (423-428)
  3. Family: (328-331; 365-367)
  4. [Forms]
  5. Federal Register
  6. Statistics Affairs/Statistics/Annual Report)
  1. Employment Based - Labor Certification (189)

Eligibility requirements:

Displacement (195-208)

Wages (212-218)

Fourth and Fifth Preferences(231-232)

  1. Procedures
  2. [Forms]
  3. Discrimination in employment: (National Origin Discrimination)
  1. Diversity Immigration (235 )
  2. Interplay between non-immigrant and immigrant
  3. State Dept Visa Bulletin (
  4. Films if time permit: Por La Necesidad de Trabajar (If time permits)

Film: Los Trabajadores, film by Heather Courteny 48 min. (if time permits)

Film: La CiudadCity (if time permits)

Film: Investigative reports American Dream/American Nightmare (50 min)

Week Four:Introduction to Immigration Scheme:

Migrating to the US as a refugee or staying in the US as an asylee:

Refugee & Asylum, Safe Haven, Sanctuary, Intl. Law

General (852-867)

1. UN Convention

2. UN Protocol

3. US Refugee Act

4. Resettlement and agencies

Elements for determining refugee status:

Affirmative Asylum Procedures:

Fear

INS v. Cardoza-Fonseca S. Ct. (Lexis)

Methods of proof (Pages 975– 999)

Week Five: Continuation of Refugee Scheme - Persecution and Grounds

Persecution (771-781)

For country of origin information, which goes to the objective Fear standard, check out:

1.

2.The United Nations High Commissioner for Refugees (Refworld link)

3.organization of American States

4.The USDepartment of State - travel advisories

5.Amnesty International

6.Human Rights Watch

Cases dealing with the meaning of persecution:

Matter of Acosta (875)

Izatula (886)

Matter of Chang (892)

Torture as a form of persecution: Torture Victim Protection Act

(1061-1069)

Non-government forces (Matter of Fuentes ; Fauzinga)

Evidentiary issues:

Proof (867-868)

Evidence (870)

Providing proof of persecution

Fact: (979)

Applicant’s own testimonry (981-982)

Past persecution (979)

UN, State, Other sources ((989-993) see above

Bars to asylum

Firm resettlement (993 -996)

Crimes

On account of (994)

Race, Religion (788)

Hekmat Wadih Mikhael, petitioner, versus Immigration and Naturalization Service, respondent No. 9560581 United States Court of Appeals for the fifth circuit 1997

Social Group (909)

Matter of Acosta (909)

Sanchez Trujillo (911-913)

Gender: Kasinga (939-949) Fatin (930-935))

Sexual Orientation: Matter of Toboso (921-924);

Non state persecutor: (955-957)

Film: Warrior Marks (if time permits)

Political Opinion:

INS. V Elias-Zacarias (895-907)

Procedures: (1016-1041)

Transactional: (Forms: 1-589)

Affirmative Asylum Manual:

  1. Interdiction:Sale v Haitian Centers Council (1041-1056)
  2. Time limits on asylum applications
  3. Cessation of Refugee Status (Firm Re-settlement) (881,914)
  4. Expedited removal and false documents (728; 916)
  5. Detention Section 103 (a) 8)

See: The INS Detention Standards Implementation initiative; A Training Manual for Advocates . ABA (KF/4819/158 2001 at Biddle)

Film: Well Founded Fear {if time permits}

Alternatives to asylum:

  1. Safe Haven (941-949)
  2. Internally displaced
  3. International mechanisms (1100-1106)

Week Six: Saturday Field Trip scheduled

Bring:

  1. PIRC Intake form
  2. I-589 or Post Order Intake
  3. Your ID
  4. Paper and Pencil

Week Seven: Conclusion of Refugee Scheme

Film: Investigative reports American Dream-American Nightmare

Wrap up on Refugee Law and essay

Sample Asylum Packages on Reserve

Week Eight: Possibly no class in lieu of Field Trip (to be determined)

Week Nine: Introduction to Inadmissbility (Exclusion)

  1. Historical overview (382-394)
  2. Grounds of inadmissibility (304) [section 212]
  3. Political (399-405)
  4. Security: US Patriot Act of 2002
  5. Homeland Security
  6. Definition of terrorist
  7. Terrorist organization
  8. Terrorist activity
  9. Action
  10. Solicitation of funds
  11. Criminal (406 – 407)
  12. Economic 408-412);
  13. Public Charge: see “Immigrants and Public Benefits”
  14. Self Help Manuals:
  1. Health (413-414)

Detention

Manual for persons in detention

If time permits:

Film: Abandoned: The Betrayal of America’s Immigrants; or

Film: New World Border; or

Film: The Border (recommended: 1981 Jack Nicholson)

State action:

Local law enforcement officials have inherent authority to enforce civilimmigration law. This major departure in policy has a significantimpact on the immigrant community and effective law enforcement.

Week Ten: Removal

  1. Historical Overview (467-479)
  2. Current Theory (470-472)
  3. Entry and Admission (475 – 479)
  4. Grounds of removal
  5. Inadmissible at time of entry (495-497)
  6. Crime (499-559)

Drugs:

Marijuana

Heroin

Firearms:

Crimes against Property:

Theft/Robbery

Crimes Against persons:

Assault/Battery

DWI

Murder

Sexual Crimes:

Lewd Acts

Rape

Sexual abuse/assault

Conviction (503)

Moral Turpitude (524-532)

JRAD (536)

Drugs (538)

Aggravated Felony (540-551)

Political/National Security (560-564)

Arabs in Detention as of Sept 11, 2001

Film: With Liberty and Justice for All, First Monday 1997 Alliance for Justice (Collado)

Film: Voice in Exile (if available)

Film: Split Decision (if time permits)

Submit Declaration of Intent to fulfill Senior Writing Requirement with Outline Topic, see Page one of Syllabus for outline format

Week Eleven: Relief from Removal

Permanent Relief

  1. Adjustment of Status (502-4)/ Asylum
  2. Cancellation of Removal (463-496)
  3. Cancellation A
  4. Cancellation B
  5. Almodiel, Petitioner, v. INS, Respondent (UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT)
  6. Matter of Andazola 23I&N Dec 319 (2002)
  7. Hardship Factors for Waivers and Cancellation of Removal for Nonpermanent Residents, Mark Silverman (KF/4819.3/S55 2001 at Biddle)
  8. Registry (498)
  9. Amnesty(498)
  10. Private Bills (502)
  11. Cuban Haitian (502)
  12. NACARA
  13. Waivers Section 212 et. seq.
  14. Special Immigrant Juvenile Status (see JULIAN YEBOAH, v. INS 2001 US DC for Eastern District of PA; Ramírez v. Sonchik, US D Ct (Phoenix )

Temporary Relief

  1. Deferred Action (504)
  2. Voluntary Departure (508)
  3. Stays (531)
  4. Temporary Protected Status
  5. Delay
  6. Parole INA

Leng May Ma v. Barber 257 US 185 (1958)(Pg 769)

Week Twelve: Removal Administrative Procedures

  1. Overview (535-544); Historical Background (24,-89;321-327); Applications (327; 336-339)
  2. Video Hearings: Objecting to them
  1. Si, Se Puede! You Can Do It! How to Help Yourself in Your Immigration Case

(KF/4710/Z9/F56 1999 at Biddle) and Client Empowerment: A New Vision for Assisting Por Se Respondents to Help Themselves, Detention Watch Network (KF/4710 Z9/F56/1999 essay at Biddle)

detention centers:

  1. Bond
  2. Hearing (546)
  3. Representation (552)
  4. Calling Consular Office; Standt v. City of New York, 99 Civ. 110008 (Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York)
  5. Evidence (579)
  6. Motion to reopen (609)
  7. Judicial review (618)

INS v. Enrico St. Cyr No. 00-767 (SUPREME COURT OF THE UNITED STATES; Decided June 25, 2001)

Case Study: (645-702) and Mock Hearing (711-728)

  1. Exceptions to hearings (728-738)

Expedited removal

Criminal Cases

In absentia

Re-entering

Terrorists

Crew Members

Recissions

  1. Detention (58-62)
  2. ZADVYDAS v. DAVIS (99-7791) (S.Ct).
  3. Sharma v. Ashcroft (E.D. PA 2001)
  4. Film: Abandoned The Betrayal of America’s Immigrants [if time permits]
  5. The INS Detention Standards Implementation initiative; A Training Manual for Advocates . ABA (KF/4819/158 2001 at Biddle)

14. State reimbursements State of California and Pete Wilson, Governor of the State of California, Appellants v. Department of Justice and Janet Reno, Attorney General of the United States of America, Appellees

Senior Writing only: First Full Draft due

Week Thirteen Naturalization

Naturalization (1010)

  1. At Birth (1030)

Tuan Ahn Nguyn v. INS (S. Ct 2001)

After Birth (1039)

U.S. v. BHAGAT SINGH THIND, 261 U.S. 204 (1923)

261 U.S. 204

Statute (1044)

Adoption: Child Citizenship Act

Regulations (1051)

  1. Dual Nationality (1053)

Dual citizenship cases on the Internet at

3. Denaturalization (1070)

Chaunt v. US

In re Petition of Haniatakis

US v. Shestawy

Material misrepresentation: Walters v. Reno, 145 F.3d 1032 (1998).

4. Expatriation (1091)

Perez v. Brownell

Afroyim v. Rusk

Vance v. Terrazas

Randall v. Meese854 F2d 472

For citizenship classes:

Citizenship laws of the world:

5. Citizenship and immigrants' rights movement to eliminate birthright citizenship for

U.S.born children of undocumented aliens; expatriation to avoid taxes; public benefits for legal immigrants; Official English movement; and new political currents.

Public Benefits information

Racially discriminatory state laws against Asian Americans:

Film: Voices in exile Immigrants and the First Amendment

Week Fourteen

Wrap Up

Beyond Prejudice

A. Employment options in the area of immigration

  1. International
  2. US Government
  3. (Working for INS)
  4. Non governmental
  5. Not for profit:

Domestic

  1. (Updated Recognized
    Organizations and Accredited Representatives roster posted 7/11)
  2. Directory of Non profit agencies that Assist persons in Immigration matters

International

  1. (JOBS! Volunteer)
  1. For Profit

Law firm

B. Course Evaluation

C. Final Essay

spiritual foundations of open door policy

Resources / Useful Links

Department of Justice:
Immigration and Naturalization Service -
INS (forms on the internet) -
Department of Justice -
Board of Immigration Appeals -
Executive Office for Immigration Review (FAQ) -
Department of State:
Department of State -
Department of State Visa Bulletin -
Key Officers of Foreign Service Posts -
Department of State Foreign Affairs Manual -
US Embassies & consulates -
U.S. Missions On-line -
Visa Reciprocity Tables -
International Information Programs -
Department of Labor:
Department of Labor -
Department of Labor Occupational Employment Statistics Survey -
National Compensation Survey/BLS National Wage Surveys -
National Occupational Classification (NOC) -
USDOL – Office of Administrative Law Judges -
USDOL – OALJ Law Library BALCA Benchbook Contents -
California Employment Development Department -
California Labor Market Information (Graphic) -
Laws/Regulations:
Code of Federal Regulations -
Federal Publications -
Federal Register -
US Code -
US Government Printing Office -
Public Laws -
Sample Briefs and Legal Updates

Senior Writing Requirement Students Only: Second full draft due incorporating instructor's suggestions

For students using this course to fulfill the Senior Writing Requirement

Papers Due:

ALL SENIOR WRITING PAPERS, DUE NO LATER THAN 4:30 PM ON THE DAY OF THE SCHEDULED FINAL EXAM IN THE DEAN’S OFFICE, (Mail Bin: FERNANDO CHANG-MUY). TWO COPIES + SELF ADDRESSED Stamped 8X11 ENVELOPE.

NO EXTENSIONS UNLESS CLEARED WITH DEAN GARY CLINTON

Examination WeekALL SENIOR WRITING PAPERS DUE on Final Examination Day (the day when Final Exam is scheduled. Must be received in the Dean’s Office.

For Senior Writing Requirement - Schedule of Assignments:

1. A maximum of five students will be allowed to fulfill their Senior Writing Requirement with this class.

2. Students wishing to fulfill their Senior writing Requirement must declare their intent by the ninth week.

3. If more than five students sign up, they will be chosen by lottery.

4. Examination Week, Examination Day: Senior Writing Requirement due in the Dean’s Office.

  1. Topics should be chosen by the tenth week
  2. Topics should be chosen that are interesting, novel and important TO YOU.
  3. The paper could:
  4. explain the meaning of a specific case in the context of a developing area but not be limited to a description of the law or a review of a single case;
  5. suggest statutory/regulatory reform
  6. supply new critical analysis for decision-making in the courts
  1. Outline will be submitted to Instructor by the BEGINNING OF THE ELEVENTH week.
  2. The outline will consist of:
  3. One paragraph description/discussion of the topic
  4. One paragraph description of why you find it interesting or chose the topic
  5. Outline format of the structure of the paper (e.g. I.A.1.2.3.B.1.2.3 II A.1.2.3.etc)
  6. One paragraph of a short plan for the additional research you plan to undertake during the next weeks.
  7. Bibliography with:
  8. List of Statute(s)
  9. List of regulation(s)
  10. List of Cases (s)
  11. List of (law review) articles