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Immigration Law > Plenary Power > Flashcards

Plenary Power Flashcards

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1
Q

Jus soli theory of citizenship

A

tied to territory

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2
Q

Critiques of jus soli

A
  • Territory is arbitrary
  • Subject to abuse
  • Doesn’t reflect real ties to the US
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3
Q

Jus sanguinis theory of citizenship has implications for __-

A

military abroad

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4
Q

Jus sanguinis prioritizes __

A

mothers over fathers

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5
Q

Jus sanguinis is subject to __

A

statutory rules

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6
Q

case about birthright citizenship

A

Wong Kim Ark

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7
Q

Wong Kim Ark facts

A

denied entry because of Chinese Exclusion Act even though born in US

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8
Q

Jus soli is embodied in __

A

14th amendment

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9
Q

Under US law not all US nationals are ___

A

US citizens (American Samoa)

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10
Q

All children ___ acquire citizenship at birth

A

born in US and subject to jdx of US at time of birth

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11
Q

Govt argument in WKA

A

common law jus soli superseded by Chinese Exclusion Act and jus sanguinis

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12
Q

WKA held that 14th amendment subject to narrow exceptions like __

A

children of enemies/diplomats

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13
Q

WKA decision is filled with rhetoric that suggests if Ark is denied citizenship ___

A

may also be denied to children of white immigrants

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14
Q

WKA held that acts of congress cannot __

A

exclude Chinese persons born in the US from clear words of the constitution

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15
Q

The Constitution says the federal govt is one of ___

A

enumerated powers

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16
Q

It is controversial that the federal govt powers cover immigration because ___

A

no clear textual source

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17
Q

In the early US, states had the immigration power under __

A

10A

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18
Q

Theories for federal immigration powers

A
  • War Clause (tenuous)
  • Commerce Clause
  • Migration/Importation Clause
  • Naturalization Claus
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19
Q

The theory under the naturalization clause has been _-

A

rejected in at least one line of cases (doesn’t follow Congress can decide who to admit)

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20
Q

Case about plenary power

A

Chae Chan Ping

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21
Q

Chae Chan Ping facts

A

challenging 1888 version of Chinese Exclusion Act which voided his certificate one week prior to arrival

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22
Q

Chae Chan Ping holding

A

Congress has absolute right to exclude and no judicial remedy

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23
Q

Chae Chan Ping’s arguments against 1888 Act

A
  • Violated China-US treaty
  • Due process
  • Congress lacked authority to pass it
24
Q

CCP court held that Congress had plenary power because __

A

right to exclude inherent to sovereignty

25
Q

CCP court views people moving in as ___

A

foreign aggression

26
Q

CCP court says if American can’t exclude then

A

subject to another’s control

27
Q

CCP doesn’t even require the judiciary to make ___

A

finding of danger/national security

28
Q

CCP held that the ___ controls

A

latest express of sovereign will, (Acts over treaties)

29
Q

The CCP totally ignores __

A

due process claim and Marbury duty to say what the law is

30
Q

Under CCP, the ___ don’t apply to immigration law

A

normal constitutional issues

31
Q

The CCP court could’ve said that Ping had ___

A

sufficient notice

32
Q

Fong Yue Ting facts

A

lacked certificate of residence and couldn’t show through one credible white witness that they were lawful residents

33
Q

Ting’s argument

A

Exclusion Act violates 14th equal protection clause

34
Q

FYT held that the __

A

right to expel or deport as absolute as right to prohibit entrance

35
Q

FYT says that deportation is __

A

not a punishment

36
Q

FYT and CCP both __

A

justify under grounds of sovereignty

37
Q

FYT says that Ting was not __

A

deprived of life, liberty or property without due process

38
Q

One critique of FYT is that could still say Congress has authority but __

A

heightened due process right

39
Q

Main points of FYT Brever dissent

A
  • already here should get more protection
  • it is punishment
  • clear liberty interest
    -slippery slope of sovereignty
40
Q

Today, the law does recognize __

A

due process claims in deportation

41
Q

What are some of the constitutional protections in crim law that don’t apply in deportation?

A
  • ex post facto prohibition
  • exclude evidence if improperly obtained
  • double jeopardy
  • jury
  • right to counsel (govt expense)
  • speedy trial
  • reasonable bail
  • cruel and unusual punishment
42
Q

Plenary power is strongest when __

A

people outside the border seeking entry (Ekiu)

43
Q

Ekiu facts

A

Japanese woman said meeting husband in US but deemed likely to become public charge

44
Q

Ekiu held that due process does not require ___

A

judicial review of executive findings

45
Q

Yamataya facts

A

initially admitted for a few days, hearing not in her language and no translator

46
Q

Yamataya found that ____ BUT ___

A

PP not unfettered, hearing without translator was enough for due process

47
Q

People outside the border seeking entry are requesting ___

A

a privilege and thus have no constitutional rights regarding the application

48
Q

Knauff facts

A

physically present in US but not admitted. denied a hearing

49
Q

Knauff holding

A

whatever Congress decides for procedure is due process

50
Q

Mezei had same result as Knauff but __-

A

he was stateless

51
Q

Mezei was eventually __

A

paroled in

52
Q

Today courts often resolve immigration claims through ___ bringing into question __

A

admin deference and statutory interpretation

53
Q

Ways to attack amendment to INA says no immigration visas extended to citizens of Tanzania (due to ISIS concerns)

A
  • Discrim on basis of national origin for people already here in US
  • overrule CCP
  • challenge based on harm to Tanzanian Americans
54
Q

Ways to support amendment to INA says no immigration visas extended to citizens of Tanzania (due to ISIS concerns)

A

Leg has PP whether in or outside US

55
Q

How is amendment to INA different from travel ban?

A

Exec order but can argue PP also extends to Exec

56
Q
A

Immigration Law (14 decks)

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