Introduction Flashcards

1
Q

Immigration law is fundamentally about __ (2)

A
  • who gets to join a political community
    -why
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2
Q

Four frameworks for Imm law

A
  • individual rights
  • domestic national interest
    -national values of receiving nation
    -global interest
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3
Q

Until the 1920s, there were no ___ in immigration and ___ at Ellis Island allowed to disembark

A

no numerical limits, 99%

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4
Q

At Angel Island, Chinese immigrants had to ___

A

prove not laborers

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5
Q

In 1868, the US recognized __

A

birthright citizenship

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6
Q

In 1965, the US removed ___

A

national origins quotas based on previous immigration

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7
Q

1965 is when immigration law developed a __

A

family based preference

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8
Q

The main sources of immigration law are __

A

-INA (amended many times)
-Regulations
-Admin decisions and case law

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9
Q

BIA cases can be modified or overruled by __

A

US AG and federal courts

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10
Q

The Dept of State ___

A

grants visas and passports

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11
Q

Main immigration offices under DHS

A
  • ICE
  • CBP
    -USCIS
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12
Q

Director of DHS is ___

A

member of President’s cabinet

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13
Q

ICE primary functions

A
  • boots on ground
  • attorneys against immigration applicants
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14
Q

CBP operates at __

A

– ports of entry
- within 100 miles of border

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15
Q

USCIS is responsible for __

A

processing applications

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16
Q

Main immigration offices under DOJ

A
  • OCIJ and IJs
  • BIA
  • OIL
17
Q

In IJs, the opposing counsel is from ___ not ___

A

ICE/DHS, EOIR

18
Q

Immigration courts are NOT ___

A

article 3 courts

19
Q

All DOJ immigration offices are housed under __

20
Q

The BIA only rarely __

A

hears oral argument mostly paper office

21
Q

The BIA applies the law of ___

A

circuit where IJ who adjudicated the case sits

22
Q

The BIA has ___ appellate judges but cases are heard by ___

A

28, 1 but 3 if important or novel

23
Q

OIL is made up of attorneys who ___

A

represent the govt in federal court lawsuits (taking over from ICE)

24
Q

What is admission under the INA?

A

lawful entry after inspection and authorization by imm officer

25
Asylum is the ___
process + protection for someone fleeing persecution
26
What does EWI stand for
entry without inspection
27
Under the INA, noncitizens who EWI are ___
inadmissible
28
n
29
Exclusion today refers to both __
- adjudicating inadmissability - removal of those who entered without formal admission
30
A noncitizen's presence without authorization is ___ but not ___
grounds for removal, civil/criminal offense
31
Immigrants are noncitizens who ___
enter to settle permanently
32
Under US law every noncitizen entering is presumed to be ___
immigrant unless can prove nonimmigrant
33
Nonimmigrants are admitted for ___
temporary duration
34
Removal is the ___
expulsion of noncitizen from the US
35
Expulsion can be based on ___
inadmissibility or deportability
36
Deportation can be thought of as __
subset of removal
37