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Although all 19 hijackers entered the country legally, three overstayed their visas. and, on March 11, 2002, INS sent student visa notifications for two of the (now deceased) 19 hijackers to the aviation school they attended, provoking an intensification of long-standing criticism of INS for weak management controls, among other things. An underlying theme of criticism concerns what many believe are overlapping and unclear chains of command with respect to INS's service and enforcement functions. There appears to be a consensus among the Administration, Congress, and commentators that the immigration system, primarily INS, is in need of restructuring. Current proposals to restructure INS center on separating the service and enforcement functions either by keeping INS intact and creating two separate bureaus to carry out the functions, or by dismantling INS and reassigning the functions to DOJ and other agencies or a newly created department of homeland security.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
According to the national mythology, the United States has long opened its doors to people from across the globe, providing a port in a storm and opportunity for any who seek it. Yet the history of immigration to the United States is far different. Even before the xenophobic reaction against European and Asian immigrants in the late nineteenth century, social and economic interest groups worked to manipulate immigration policy to serve their needs. In A Nation by Design, Aristide Zolberg explores American immigration policy from the colonial period to the present, discussing how it has been used as a tool of nation building. A Nation by Design argues that the engineering of immigration policy has been prevalent since early American history. However, it has gone largely unnoticed since it took place primarily on the local and state levels, owing to constitutional limits on federal power during the slavery era. Zolberg profiles the vacillating currents of opinion on immigration throughout American history, examining separately the roles played by business interests, labor unions, ethnic lobbies, and nativist ideologues in shaping policy. He then examines how three different types of migration--legal migration, illegal migration to fill low-wage jobs, and asylum-seeking--are shaping contemporary arguments over immigration to the United States. A Nation by Design is a thorough, authoritative account of American immigration history and the political and social factors that brought it about. With rich detail and impeccable scholarship, Zolberg's book shows how America has struggled to shape the immigration process to construct the kind of population it desires.