Introduction Flashcards
Immigration law is fundamentally about __ (2)
- who gets to join a political community
-why
Four frameworks for Imm law
- individual rights
- domestic national interest
-national values of receiving nation
-global interest
Until the 1920s, there were no ___ in immigration and ___ at Ellis Island allowed to disembark
no numerical limits, 99%
At Angel Island, Chinese immigrants had to ___
prove not laborers
In 1868, the US recognized __
birthright citizenship
In 1965, the US removed ___
national origins quotas based on previous immigration
1965 is when immigration law developed a __
family based preference
The main sources of immigration law are __
-INA (amended many times)
-Regulations
-Admin decisions and case law
BIA cases can be modified or overruled by __
US AG and federal courts
The Dept of State ___
grants visas and passports
Main immigration offices under DHS
- ICE
- CBP
-USCIS
Director of DHS is ___
member of President’s cabinet
ICE primary functions
- boots on ground
- attorneys against immigration applicants
CBP operates at __
– ports of entry
- within 100 miles of border
USCIS is responsible for __
processing applications
Main immigration offices under DOJ
- OCIJ and IJs
- BIA
- OIL
In IJs, the opposing counsel is from ___ not ___
ICE/DHS, EOIR
Immigration courts are NOT ___
article 3 courts
All DOJ immigration offices are housed under __
EOIR
The BIA only rarely __
hears oral argument mostly paper office
The BIA applies the law of ___
circuit where IJ who adjudicated the case sits
The BIA has ___ appellate judges but cases are heard by ___
28, 1 but 3 if important or novel
OIL is made up of attorneys who ___
represent the govt in federal court lawsuits (taking over from ICE)
What is admission under the INA?
lawful entry after inspection and authorization by imm officer
Asylum is the ___
process + protection for someone fleeing persecution
What does EWI stand for
entry without inspection
Under the INA, noncitizens who EWI are ___
inadmissible
n
Exclusion today refers to both __
- adjudicating inadmissability
- removal of those who entered without formal admission
A noncitizen’s presence without authorization is ___ but not ___
grounds for removal, civil/criminal offense
Immigrants are noncitizens who ___
enter to settle permanently
Under US law every noncitizen entering is presumed to be ___
immigrant unless can prove nonimmigrant
Nonimmigrants are admitted for ___
temporary duration
Removal is the ___
expulsion of noncitizen from the US
Expulsion can be based on ___
inadmissibility or deportability
Deportation can be thought of as __
subset of removal
