In Defense of the Alien

Between 1978 and 2003, CMS published In Defense of the Alien, a collection of papers written by leading experts in the international migration field for CMS’s annual legal conference. These volumes represent the most thorough treatment of immigration law and policy developments during this 26-year period. They cover refugee and asylum issues, federal legislation (including the Immigration Reform and Control Act of 1986, the Refugee Act of 1980, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), family- and employment-based immigration, public benefit eligibility, post-9/11 immigration developments, and many other issues.

The complete set of In Defense of the Alien can be found in hundreds of libraries, but is now also available through the JSTOR archive as part of the Arts & Sciences X Collection. To access In Defense of the Alien via JSTOR, visit http://www.jstor.org/action/showPublication?journalCode=indefensealien.

Volume 26, 2003

Introduction

Introduction
Joseph Fugolo

Opening Remarks
Asa Hutchinson

Part 1. National Security and Immigration Policy

Immigration Policy, Law Enforcement and National Security
Harry “Skip” Brandon, Vincent Cannistraro, Angela Kelley and Donald M. Kerwin

Part 2. Border Enforcement Policies

Deaths During Undocumented Migration: Trends and Policy Implications in the New Era of Homeland security
Karl Eschbach, Jacqueline Hagan and Nestor Rodríguez

The Elastic Frontier
Michael Flynn

Native Americans and the U.S.-Mexico Border
Margo Cowan

Part 3. Immigration Restrictions and Enforcement Activities Since September 11, 2001

Targeting a Community: “Call-In” Registrations and “Voluntary” Interviews
Carol Khawly

Enforcement Activities in Texas Since September 11th
Vanna Salughter

Counterterrorism and the Latino Community Since September 11th
Michele Waslin

Part 4. INS Definition

The Detention and Removal Program Under the New Bureau of Immigration and Customs Enforcement
Tony Tangeman

Homeland Security and Detention and Removal Proceedings
Kathleen Sullivan

The Scope of Immigration Detention and the Plight of People in Detention
Matt Wilch

Detention of Asylum Seeking Minors
Wendy Young

Part 5. The New World of Business Immigration

New Challenges Facing Multinational Companies
Lynn Shotwell

Temporary Visas and Foreign Workers
Sandra Boyd

The U.S. Labor Market and Visas for Foreign Workers
Theresa Brown

New Visa Procedures for Employment of Foreign Nationals
Rodney Malpert

Part 6. Asylum and Refugee Issues

Fairness Sacrificed: Recent Changes to the U.S. Asylum System
Eleanor Acer

Refugee Issues after 9/11
Arthur E. Dewey

Asylum and Resettlement in Europe
Eduardo Arboleda

Issues Facing Refugee Claimants Traveling From the U.S. to Canada
Sophie Feal

Admitting Refugees for Resettlement: A Mission of Rescue
Mark Franken

Homeland Security and Refugee and Asylum Policy
Mary Giovagnoli

Part 7. Transition of the INS into the Department of Homeland Security

Coordination Between Bureaus in the Reorganized Immigration and Naturalization Service
Jeanne Butterfield

Immigration Services and Enforcement Under the Department of Homeland Security
William Yates

IN MEMORY OF ARTHUR C. HELTON
Roberta Cohen

APPENDIX I: CMS Twenty Six National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 25, 2002

Introduction

Introduction
Joseph Fugolo

Opening Remarks
F. James Sensenbrenner

Part 1. Immigration and Terrorism: Civil Rights and Law Enforcement

Immigrants’ Rights in the Aftermath of 9/11: Detention, Discrimination and Secrecy
Lucas Guttentag

Terrorism and Immigration Control: Time for Some Hard Thinking
David A. Martin

Part 2. Immigration and Terrorism: International Humanitarian Protection and Assistance

Refugees, Terrorism and Humanitarian Assistance
Roberta Cohen

Refugees and Afghanistan’s Recovery
Arthur C. Helton

Part 3. Legal Immigration: Will New Realities Change Traditional Openness to Immigrants and Nonimmigrants?

Impact of September 11 on Traditional Openness to Immigrants and Non-Immigrants: An Arab-American Community Perspective
Carol Khawly

U.S. Openness to International Students
Victor C. Johnson

Part 4. Mexico-U.S. Immigration Initiatives the New Migration Relationship After September 11

Mexico—U.S. Migration Talks
Carlos Félix Corona

U.S.—Mexico Immigration: Getting Derailed Negotiations Back on Track
Pamela S. Falk

The U.S.-Mexico Migration Relationship After September 11
Sidney Weintraub

Part 5. Reorganization and Management of Immigration to the United States

Reorganization of the U.S. Immigration System: Why INS Restructuring Cannot Succeed On Its Own
Donald Kerwin

Immigration Reorganization: Separating Services and Enforcement
Susan Martin

The Proposed Restructuring of the Immigration and Naturalization Service
Richard B. Cravener

Part 6. Comparative Policy and Programs among Countries in the Context of Global Competition for High Skilled Workers

Global Mobility of Skilled Workers: The Last Trade Barrier
Lynn Shotwell

Trade Barriers, Competitiveness, and International Migration
Charles B. Keely

Programs to Admit Highly Skilled Foreign Workers: An International Comparison
Philip Martin

APPENDIX I: CMS Twenty-Fifth National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 24, 2001

Introduction

Introduction
Lydio F. Tomasi

Opening Remarks
Kevin Rooney

Part 1. Immigration Policy in the New Administration and Congress

Restructuring the INS: Reflections on Calls for Separating Service from Enforcement
Robert Charles Hill

Dual Nationality and the New World of Multiple Allegiances
Stephen H. Legomsky

The United States and Dual Nationality: Past and Future
David A. Martin

Immigration Detention: The Fastest Growing Incarceration System in the United States
Anthony Tangeman

Part 2. Changes in Refugee Policy and Practice

Statebuilding and Humanitarian Intervention: New Dimensions in Refugee Protection
Guenet Guebre-Christos

New Directions in Refugee Protection
Arthur C. Helton

Changes in Refugee Policy and Practice
Donald Steinberg

Part 3. Shared Borders: Issues with Mexico and Canada Concerning Management of Immigration

Migrant Crossing Deaths, Immigrant Families, and Low-Wage Laborers On the U.S.-Mexico Border
Donald Kerwin

Part 4. Mexico and the United States: A New Era

Guest Workers, Amnesty and U.S. Agriculture
Philip Martin

Mexican Labor Force and Economic Interaction in North America
Gustavo Verduzco

U.S.-Mexico Immigration Negotiations: Temporary Guest Workers and “Regularization” in a Changed International Environment
Pamela S. Falk

Improving Farmworkers’ Access to Health Care in the Era of Welfare Reform
Shelley Davis

Part 5. Regulations from INS, DOL and FEMA

Treatment of Low-wage Immigrant Laborers in the U.S.
Ida Castro

Elian’s VIP Treatment and the other Unaccompanied Minors: The Application of Education Rights in INS Detention Centers
Jorene Soto

The Impact of the 1996 Benefit Provisions on Migrant Farm Worker Recovery From the Hurricane Floyd Disaster
Lynne L. Snowden

Part 6. International and Domestic Perspectives on Asylum and Refugee Policy

The Evolving Law of Non-Refoulement and its Influence on the Convention Refugee Definition
Mark R. von Sternberg

Contextualizing Gender-based Harm: A Critique of Law and the U.S. Department of Justice Proposed Regulations
Pamela Goldberg

Gender and Migration: An Evolution in Protection
Wendy Young

APPENDIX I: CMS Twenty Fourth National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 23, 2000

Introduction

Front Matter

Introduction
Lydio F. Tomasi

Part 1. Reform of the 1996 Immigration Laws

Understanding the Impact of the 1996 Deportation Laws and the Limited Scope of Proposed Reforms
Nancy Morawetz

Part 2. Employment Migration into the United States

Temporary Workers and Evolution of the Specialty H-1B Visa
B. Lindsay Lowell

Temporary Workers at the Top and Bottom of the Labor Market
Philip Martin

Proposed Framework for Consideration of Fundamental Reform of the Agricultural Labor System in the United States
Rick Swartz

Recent Temporary Worker Proposals in Agriculture
Bruce Goldstein

Comparison of H-1B Bills
Lynn Frendt Shotwell

Part 3. INS Restructuring

An Update from Capitol Hill
Lora L. Ries

Part 4. INS Processing, Entry, Applications, Citizenship

Family Reunification and The Living Law: Processing Delays, Backlogs, and Legal Barriers
Donald Kerwin

Part 5. Human Rights of Migrants: Refugee Protections, Gender-Based Violence and Trafficking

Combating Human Smuggling by Enlisting the Victims
Arthur C. Helton and Eliana Jacobs

Refugee Protection, Gender-Based Violence and Trafficking in Persons
Deborah E. Anker

The Eleventh Circuit, All Elian, and Asylum: How Young is Too Young to Apply?
Elizabeth Hull

The Escalation of Migrant Trafficking
James Puleo

Part 6. Integration of Immigrants and Their Descendants

Assessing Assimilation: Cultural and Political Integration of Immigrants and Their Descendants
Michael C. LeMay

U.S. Immigration Policy and the Language Characteristics of Immigrants
Gillian Stevens

The Political Participation of Immigrants in New York
Lorraine C. Minnite, Jennifer Holdaway and Ronald Hayduk

Transformations: The Post-Immigrant Generation in an Age of Diversity
Rubén G. Rumbaut

APPENDIX I: CMS Twenty Second National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 22, 1999

Introduction

Introduction
Lydio F. Tomasi

Part 1. INS Restructuring

Management Challenges and Program Risks
Doris Meissner

Restructuring the INS: Draft Design Proposal
Robert Gardner

The Jordan Commission’s Proposals for Structural Reform of the Immigration System
Robert Charles Hill

Reorganizing the U.S. Immigration Function
T. Alexander Aleinikoff

INS Reorganization — Separating the Cops from the Judges
Mark Hetfield

Part 2. Temporary Worker Visa Policy

Temporary Worker Visa Policy: Issues and Options
Philip Martin

Temporary Worker Visa Policy: Meeting the Needs of the 21st Century
Lynn Frendt Shotwell

International Assignments and the Immigration Issues Surrounding Spousal Employment
Nancy A. Sharp

Seasonal Contract Workers and Domestic Labor: The Displacement Debate
Tanya Basok

Part 3. Immigrant Political Participation

The New Urban Citizen: Electoral Participation among the Naturalized
Louis Desipio

New Citizens: Immigrant Electoral Participation and the Host Polity
Jeannette Money

A Growing Electorate: Asian Pacific American Political Participation in the 1990s and Beyond
Deepa Iyer

The Effects of Length of Residence and Community Context on Political Attitude Formation and Participation Among Asian and Latino Immigrants
Janelle S. Wong

Part 4. Asylum Processing and Due Process

Expedited Removal, Detention, and Due Process
David A. Martin

Where Do We Go From Here? The Future of the Expedited Removal Process
Carol Leslie Wolchok

UNHCR’s Role in Asylum Processing and Results of UNHCR Monitoring in the United States
Karen Koning Abuzayd

Part 5. Immigration Policymaking: Multilateral Agreements and Consultations

The Regional Conference on Migration: A Government Perspective
Mark Elliot

Advocacy for Human Rights in an Intergovernmental Forum: The Puebla Process from the Perspective of Nongovernmental Organizations
Susan Gzesh

Democratic Politics and Multilateral Immigration Policy
Gary P. Freeman

Part 6. Immigration Law Enforcement: Comparison of Documentation and Control

Looking Forward: New Approaches to Immigration Law Enforcement
Robert L. Bach

The Visa Process: Documents, Borders, and Controls
Stephen H. Legomsky

Legalization and the Capacity of Democratic States to Prevent Illegal Alien Residency and Employment: French and American Experiences
Mark J. Miller

Epilogue

New Strategies for the Humanitarian Community
Sergio Vieira De Mello

APPENDIX I: CMS Twenty Second National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 21, 1998

Introduction

Introduction
Lydio F. Tomasi

Part 1. Unresolved Issues and Unintended Consequences of IIRIRA of 1996

Present and Future of Immigration Reform
Melvin L. Watt

The Progress of Immigration Reform
Robert Bach

Effects Upon Immigrants’ Rights
Lennie B. Benson

Immigration Reform, Welfare Reform, and Future Patterns of U.S. Immigration
Thomas J. Espenshade, Jessica L. Baraka and Gregory A. Huber

Part 2. Grounds for Removal: New Provisions, Implementations and Legal Challenges

Ongoing Court Challenges and the Future of Judicial Review
Lucas Guttntag

On a Collision Course with Core Values: The Path of the New Immigration Law
Thomas Edward Moseley

Part 3. Legalization, Naturalization and Citizenship

Models of Citizenship
T. Alexander Aleinikoff

Becoming an American: U.S. Immigrant Policy
Susan Martin

Current Debates About U.S. Citizenship
Peter H. Schuck

Part 2. Temporary Migration for Business Purposes

Global Human Resource Strategies: Firms, International Personnel, and Immigration Law
Charles B. Keely

Shortages, Wages and Qualified Workers: Options for Dealing with Nonimmigrants
Philip Martin

Congressional Perspective on Nonimmigrant Visas for High Skilled Personnel
Stuart Anderson

Part 5. Asylum Eligibility

The Developing Law of “Private” Persecution and its Implications for the Convention Refugee Definition
Mark R. von Sternberg

The Future of Asylum
Arthur C. Helton

Transatlantic Convergence: Governmental Notions of Asylum Eligibility
Jonas Widgren

The Myth of Asylum Abuse in Western Europe, Canada and the United States
Mark Gibney

Part 6. Expedited Removal: Issues and Impact

INS Implementation Of Expedited Removal
Phyllis Coven

Expedited Removal: Applying the Credible Fear Standard
Deborah Anker, Bahar Khoshnoudi and Ron Rosenberg

Expedited Removal: A Refugee’s Perspective
Carol A. Buckler

Expedited Removal Then and Now
Bill Frelick

Epilogue

Immigration’s Effects on American Society in Recent Years
Julia Taft

APPENDIX I: Program of the CMS Twenty First National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 20, 1997

Introduction

Introduction
Lydio F. Tomasi

Part 1. Welfare Entitlements for Legal and Illegal Immigrants

Welfare Entitlement: The Congressional View
Joyce Vialet

The Personal Responsibility and Work Opportunity Reconciliation Act and SSI Eligibility for Noncitizens
Judy L. Chesser

States, Federal Welfare Reform and Immigrants: The Challenges of the First Year
Sheri Steisel and Ann Morse

Retrenchment in the U.S. Welfare System and Its Effects on Immigrants and Refugees
Thomas J. Espenshade and Gregory A. Huber

Part 2. Impact of the New Legislation on Migrant Farmworkers

Farmworkers and Public Benefits in the Era of Welfare Reform
Bruce Goldstein and Shelley Davis

Foreign Workers in U.S. Agriculture
Philip L. Martin

Agribusiness Lobbies for a New Temporary Foreign Worker Program
Bruce Goldstein

Part 3. Due Process and Other Constitutional Issues Raised by the New Legilsation

Narrowing the Circle: New Legislation Harms Legal Immigrants
Elizabeth Hull

Detention: Our Sad National Symbol
Donald Kerwin

Continuing Problems at Krome Service Processing Center
Cheryl Little

Symbolic Detention
Margaret H. Taylor

Violence in U.S. and Western European Refugee Detention Centers
Lynne L. Snowden

Part 4. Asylum Procedures in the New Legislation

On the Fast Track without Legal Counsel: Problems with the New Asylum Law
Elisa C. Massimino

New Asylum Policies and Voluntary Agencies
Kerry E. Doyle

Part 5. New Grounds for Exclusion and Deportation

New Grounds for Exclusion and Deportation: Problems for Practitioners Regarding Limits in the Exclusion and Deportation Proceedings
Jeanne A. Butterfield

“Court-Stripping” in the 1996 Immigration Laws: A Dangerous Precedent
Lucas Guttentag

Part 6. Naturalization

Two Perspectives on Naturalization Policy
David S. North

Integration Policies
Susan Martin

Part 7. Future Perspectives

The Immigration Agenda
Spencer Abraham

Inequity in the Federal Reform Legislation
Rudolph W. Giuliani

Mexico’s Immigration to the U.S.
Jesus Silva-Herzog

Balancing the Immigration Debate
Mark J. Miller

APPENDIX I: Program of the CMS Twentieth National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 19, 1996

Introduction

Introduction
Lydio F. Tomasi

Part 1. Critical Analysis of Practical Implications of Newly Proposed Legislation

Immigration Reform and U.S. System of Employment or Skills-Based Immigration
Maria Echaveste

The Role of U.S. Commission on Immigration Reform in the Process of Legislative Development
Andrew Schoenholtz

Recent Immigration Reform: Using Commissions for Agenda Setting
Michael LeMay

Immigration Legislation and Due Process: The Forgotten Issue
Lucas Guttentag

1996 Update on Employer Sanctions Legislation
Mary E. Pivec

Deficient Visas: Permanent Residents’ Limited Marriage Rights in United States Immigration Law
Gunnar Birgisson

Part 2. Welfare Reform: What Benefits for Immigrants?

Welfare Reform: A New Immigrant Policy for the United States
Michael Fix and Wendy Zimmermann

Undocumented Immigrants: Health, Education, and Welfare
Stephen H. Legomsky

Impact of Welfare Reform Proposals on Health Programs and Civil Rights of Migrant Farmworkers
Cynthia G. Schneider

Human Rights and Ethics in Immigration Policy
John Isbister

Part 3. Redefining the Roles of Local and State Government in Immigration

Framing the Issues: Immigrant Policy the Role of State and Local Government
Ann Morse

Health Issues of Immigrants and Refugees: Local Experience and Response in a Changing Political and Economic Climate
Susan Allan

Part 4. Refugee Resettlement and Asylum Reform

Refugee Resettlement: A View from the Administration
Phyllis E. Oakley

New Priorities in Refugee Resettlement
Ralston Deffenbaugh

Legislative Developments and Refugee Resettlement in the Post-Cold War Era
Kathleen Newland

Changing Public Policies toward Refugees: The Implications for Voluntary Resettlement Agencies
Mark Franken

The Mischaracterized Asylum Crisis
Deborah Anker

In Re Fauziya Kassindja: The BIA Grants Asylum to Woman Threatened with Female Genital Mutilation
Elizabeth Hull

The Divorce Between Refugee Determinations and Pursuit of Human Rights Objectives Through the Conduct of U.S. Foreign Policy: The Case of Female Genital Mutilation
Mark Gibney

Operational Plan for Durable Solutions within the Framework of Annex 7 of the General Framework Agreement for Peace in Bosnia and Herzegovina and Related Regional Return and Repatriation Movements
Anne Willem Bijleveld

APPENDIX I: Program of the CMS Nineteenth National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 18, 1995

Introduction

Introduction
Lydio F. Tomasi

Part 1. Consequences of the Immigration Act of 1990

U.S. Commission on Immigration Reform
Barbara Jordan

Controlling Immigration
Lamar Smith

Consequences of the Immigration Act of 1990 on Employment-Based Immigration
John R. Fraser

Developments in the Employment-Based Immigrant and Nonimmigrant Areas
Edward Skerrett

Immigrant Visa Waiting List in the Family-Sponsored and Employment-Based Preferences: January 1995
Cornelius Scully

Immigration and Public Opinion
Rita J. Simon

The Immigration Act of 1990 and the New Congress
Richard W. Day

Part 2. Immigration and State-Federal Relations

When Should Immigrants Receive Public Benefits?
Michael Fix and Wendy Zimmermann

Reconsidering the Role of Federalism in Immigration Policymaking
Peter J. Spiro

Manifest Destiny’s Last Stand? Proposition 187 and the Future of North American Labor and Human Rights
Raul Hinojosa Ojeda and Peter Schey

Part 3. Immigrants, Refugees and Reform of U.S. Healthcare

Public Health Effects of Legislative Bans on Healthcare Program Eligibility
David Cavenaugh

Immigration Policy: Implications for Public Health
Carol Wolchok

Migrant Farmworkers and Healthcare Reform in the States
D. Michael Hancock

Part 4. Refugees, Asylum Reform and Resettlement

Implementation of Revised Asylum Procedures
Phyllis Coven

Asylum at the Board of Immigration Appeals: Effect of the New Regulation and Recent Decisions
Paul W. Schmidt and Molly Kendall Clark

The Expanding Scope of the Refugee Standard in the United States Asylum Law
Mark R. von Sternberg

At Long Last: Asylum Law is Beginning to Address Violence Against Women
Elizabeth Hull

Safe Haven for Boat People in the Caribbean
Brunson McKinley

Part 5. Immigration and U.S. Citizenship

Political Structures and Policies That Facilitate Assimilation of Immigrants
Peter H. Schuck

Naturalization Programs
Lawrence J. Weinig

Noncitizenship as a Barrier to Empowerment of the Latino Community: Some Recent Issues and Implications
Arturo Vargas and Rosalind Gold

APPENDIX I: Program of the CMS Eighteenth National Legal Conference on Immigration and Refugee Policy

APPENDIX II: Program Organizing Committee

Volume 17, 1994

Introduction

Introduction
Lydio F. Tomasi

Part 1. Free Trade and Migration

Migration Policies and Trade Policies: Accord and Discord
Michael S. Teitelbaum

Free Trade and Migration: The Long-Term Impact
Sidney Weintraub

The Case of NAFTA: A Mexican Perspective
Miguel Ruiz-Cabañas

Mass Immigration, Free Trade and the Forgotten American Worker
Vernon M. Briggs Jr.

Part 2. Impact of Health Care Reform on Undocumented Aliens and Migrant Farmworkers

America’s Newcomers: Health Care Issues for New Americans
Susan B. Drake

Health Care Reform and the Rights of Immigrants
Lucas Guttentag and Lee Gelernt

Assuring Access to Health Care for U.S. Farmworkers
Anne Kauffman Nolon

Part 3. Impact of the Immigration Act of 1990

Results of the 1990 Act
T. Alexander Aleinikoff

Diversity and the Immigration Act of 1990
Stephen H. Legomsky

Immigration’s Impacts and Reform of the 1990 Immigration Act
Michael Fix and Jeffrey S. Passel

U.S. Immigration Policy: Current Trends, Proposed Solutions, and Critical Questions
Doris Meissner

Part 4. Employer Sanctions and National Employment Card

How to Implement the Employer Sanctions Program
John F. Shaw

INS and Enforcement of Employer Sanctions
Paul W. Virtue

Employer Sanctions and National Identification Cards
Lucas Guttentag and Lee Gelernt

Part 5. Asylum Reform in Comparative Perspective

Responding to Global Refugee Problems: The Role of UNHCR
Astri Suhrke

The Future Shape of Developed Countries’ Asylum Policies: National Security Concerns and Regional Issues
Charles B. Keely and Sharon Stanton Russell

Comprehensive Asylum Reform
Phyllis Coven

Reforming Asylum Adjudication
Arthur C. Helton

Guidelines for Women’s Asylum Claims
Nancy Kelly

Asylum Reform in Germany: An Interim Report
Gerald L. Neuman

Asylum Policies and Practices in the EC
Antonio Cruz

Part 6. International Migration and Security

International Migration and Security: Towards Transatlantic Convergence?
Mark J. Miller

The International Politics of Migration
David Wendt

U.S. National Security and Potential Cuban Emigration
Sergio Díaz-Briquets

Migration and the International Policy Agenda: A Charter for the Movement of People
Brunson McKinley

APPENDIX: Program of the CMS 17th Annual National Legal Conference on Immigration and Refugee Policy

Volume 16, 1993

Introduction

Introduction
Lydio F. Tomasi

Part 1. Impact and Implementation of the Immigration Act of 1990

Service and Enforcement in Immigration Reform During a Period of Transition
Chris Sale

Various Determinations of Numerical Limits on Immigrants Required under the Terms of the Immigration and Nationality Act as Amended by the Immigration Act of 1990
Cornelius D. Scully

Temporary Immigrants
Harris N. Miller

Coping with Immigration Barriers: Strategies of Emigrating Ethnic Groups
Susanne McGrath Dale, Suzanne McGrath Dale, Michael C. LeMay and A. G. Mariam

Sophie’s Choice: The Constitutional Right of the Citizen Child to Live in the U.S. with His or Her Undocumented Parents
Pamela S. Falk

Part 2. Immigration Policy and Labor Related Issues

The Commission on Immigration Reform
Susan Forbes Martin

Immigration Reform and Agriculture: The CAW Report
Philip L. Martin

The Bias of a Majority of the Commission on Agricultural Workers Led to Recommendations Which Ignore the Factual Findings
Garry G. Geffert

Discrimination and Employer Sanctions: National ID vs. Repeal
John F. Shaw

Migrant Farmworkers’ Health Issues
Kim Larson

Part 3. Refugees

The New Administration’s Policies on Refugees and Migration
Priscilla Clapp

United States Asylum Process: Problems and Proposals
Elizabeth Hull

United States Policy Toward Haitian Refugees: Is It Only Institutionalized Racism?
Ira J. Kurzban

Haiti: Protecting the Refugee
Paul W. Virtue

Toward a New U.S. Policy Concerning Haitian Asylum Seekers
Arthur C. Helton

Reconciling Refugee Relief and Humanitarian Intervention: The Need to Recognize a Right to Evacuation
Mark Gibney

Humanitarian Intervention
Roger P. Winter

Goals of Humanitarian Intervention
Richard T. Miller

Sovereignty, Human Rights, Displaced Persons, Intervention and UNHCR Action
Fernando Chang-Muy

Chapter 1 and the Changing City: Adapting Mainstream Programs to Serve Newcomer Populations
Michael Fix and Wendy Zimmerman

Refugees, Immigrants and the Future: A State Perspective
Edwin B. Silverman

Improving U.S. Refugee Resettlement
Ralston Deffenbaugh Jr.

Potential Implications of Legislative Change on Immigrant Settlement into a Major Urban Center: The Case of New York City and the Immigration Act of 1990
Ronald J. Ortiz and Joseph J. Salvo

Neighborhood-Based Immigration Services in New York City
Karen Shaw

Epilogue

A Congressman’s Perspective on Immigration Reform
Hamilton Fish Jr.

A Tribute to William L. Robie
David A. Martin

APPENDIX: Program of the CMS Sixteenth Annual National Legal Conference on Immigration and Refugee Policy

Volume 15, 1992

Introduction

Introduction
Lydio F. Tomasi

Part 1. Implementation of the Immigration Act of 1990

Spring Training in the Immigration Reform League
Gene McNary

Business-related Provisions of the Immigration Act of 1990
Paul Wickham Schmidt

A DOL Perspective on Nonimmigrants
Grace Kilbane

The New Preference Categories of the Immigration Act of 1990
Warren R. Leiden

Family Fairness: A Status Report
John W. Guendelsberger

Operationalizing the New Visa Policy
Cornelius D. Scully

Part 2. Employer Sanctions: Abandon or Strengthen?

Employer Sanctions Should Be Strengthened
Carl W. Hampe

Employer Sanctions and Discrimination: A Question of Values
Charles Kamasaki

The Minimal Impact of Employer Sanctions on Los Angeles
David S. North

Employer Sanctions in Western Europe
Mark J. Miller

Part 3. The Future of U.S. Immigration Policy

Immigration Policy
Austin T. Fragomen Jr.

The Future of Refugee Policy
Priscilla Clapp

Agricultural Labor and the Future of U.S. Immigration Policy
Aaron Bodin

European and Asian Perspectives on Immigration Policy
Philip L. Martin

Part 4. Forced Repatriation

Prospects for Refugee Protection in the 1990s
Michel Moussalli

U.S. Policy on Haitian Boat People
Brunson McKinley

Vietnamese Migrants in Hong Kong
Stephen Pattison

Refugees and Human Rights
Arthur C. Helton

Part 5. Migration and Health: Domestic and International Perspectives

Health Problems of Migrant Agricultural Workers
Valerie A. Wilk

30 Years of Hope, Health and the Migrant Family
Jack Egan

Migration and Health: A Canadian Perspective
Brian Grant

Health Guidelines from International Assistance Agencies
Fernando Chang-Muy

APPENDIX: Program of the CMS Fifteenth Annual National Legal Conference on Immigration and Refugee Policy

Volume 14, 1991

Introduction

Introduction
Lydio F. Tomasi

Part 1. Legal Immigration Reform

INS Response to Immigration Reform
Gene McNary

Immigration Reform: Yesterday and Today
Jerry Tinker

An Overview of the Immigration Act of 1990
R. Michael Miller

Part 2. Immigration Policy in a Global Perspective: Bilateral and Multilateral Agreements

EC-92 and Immigration Issues in Europe
Philip L. Martin

Mexico and the North American Free Trade Agreement
Luis F. de la Calle

The Mexico Free Trade Agreement: An Idea Whose Time Has Not Yet Come
Vernon M. Briggs Jr.

Part 3. Immigration Policy in a Global Perspective: Implications of a Single European Market

Immigration-related Problems and Issues Facing the EC on the Road to 1992
James F. Hollifield

Labor Market Trends and Migration from the Perspective of the Single European Market
Heinz Werner

International Migration to Western Europe: South-North and East-West Dynamics
Philip Muus

Comments on Werner, Muus and Hollifield
Barbara Schmitter Heisler

Part 4. Refugee Issues

New Developments in the Areas of Immigration and Asylum
Princeton N. Lyman

New Asylum Regulations and Implementation
Patricia Cole Smith

Asylum Case Law: How the New Regulations Can Help
David A. Martin

Developments in Asylum Law: Procedures and Standards
T. Alexander Aleinikoff

Refugee Resettlement into the 1990s
J. Michael Myers

Part 5. U.S. Farmworker Access to Health Care

Access of Migrant and Seasonal Farmworkers to Medicaid-covered Health Care Services
Jack Egan

Farmworker Cultural Aspects and Access to Health Care
Mercedes C. Sandoval

APPENDIX: Program of the CMS Fourteenth Annual National Legal Conference on Immigration and Refugee Policy

Volume 13, 1990

Introduction

Introduction
Lydio F. Tomasi

Part 1. Legal Immigration Reform

U.S. Congress and Proposed Legal Immigration Reform
Bruce A. Morrison

Legal Perspectives on Legal Immigration Reform
Warren R. Leiden

Labor Market Immigration Reform
Demetrios G. Papademetriou

Forms of Capital and the Incorporation of Immigrants
Victor Nee

Principles and Dilemmas of Legal Immigration Reform
Richard W. Day

Are Foreign Workers Needed in Agriculture and How Should They Be Admitted?
Aaron Bodin

Labor Perspectives on Immigrant Farm Labor
Edward J. Tuddenham and D. Michael Hancock

IRCA, Literacy and Special Programs in New York
Karen Shaw

Part 2. Refugee Processing, Resettlement and Policy Issues

Refugee Resettlement and Policy Issues
Joseph A. B. Winder

U.S. Asylum Adjudications
Henry Curry

The Refugee Act of 1980: Ten Years After
Arthur C. Helton

U.S. Immigration and Asylum Policy: A Brief Historical Perspective
Deborah Anker

Indochinese and U.S.S.R. Refugee Processing
Nathan Lyman

The United States and Soviet Jews: Refugee Policy and Acculturation
Gary E. Rubin

Alternative Futures for International Refugee Processing
David A. Martin

Part 3. Migration and Health Related Issues

Migration and Health and Federal Programs
Sonia M. Leon Reig

HIV/AIDS and International Travel: Responses by International Organizations, Regional Governments and the United States
Fernando Chang-Muy

U.S. Department of Labor Role in Improving the Overall Availability and Quality of Farmworker Housing
Gordon L. Claucherty

Migrant Clinicians Network: Serving U.S. Migrant Farmworkers
John W. McFarland

Enumeration of Migrant and Seasonal Farmworkers for the Migrant Health Program
Benjamin C. Duggar

Part 4. Employer Sanctions and Discrimination

Immigration Reform: Employer Sanctions and the Question of Discrimination
Lowell Dodge and Alan M. Stapleton

The Role of Employer and Labor Relations: IRCA’s Employer Sanctions and Antidiscrimination Provisions
John R. Schroeder

The Effects and Effectiveness of Employer Sanctions in U.S. Agriculture and in Europe
Philip L. Martin

The Impact of Sanctions on Employers
Austin T. Fragomen Jr.

Epilogue

The Challenges to the International Community of Evolving Migration Trends
James N. Purcell Jr.

APPENDIX I: Program of the CMS Thirteenth Annual National Legal Conference on Immigration and Refugee Policy

APPENDIX II: CMS Immigration and Refugee Policy Award 1990
Renato R. Martino

Volume 12, 1989

Introduction

Introduction
Lydio F. Tomasi

Part 1. Impacts and Consequences of the Immigration Reform and Control Act of 1986

The Legalization Programs of the 1986 Immigration Reform and Control Act: Moving Beyond the First Phase
Susan Gonzalez Baker and Frank D. Bean

Legalization Implementation: Phase II
Raymond B. Penn

Reported Fraud in the Implementation of IRCA: A Government Response
John F. Shaw

Part 2. Legalization, Social Services and Health

Bringing Immigrants into the Health Care System
John W. McFarland

The Effects of IRCA/SLIAG on Public Education: The California Experience
Linda J. Wong

Integrating Immigrants into the Labor Market
Aaron Bodin

The Question of Displaced Persons and the Process of Development in Latin America
Augusto Ramírez-Ocampo

Part 3. Revision of U.S. Legal Immigration Reform and Issues in Need of Further Analysis

Revision of the U.S. Legal System: Toward a Selection System
Doris M. Meissner

Proposed Bush Administration Legal Immigration Reform Plan
Richard E. Norton

Reforming the Criteria for the Exclusion and the Deportation of Alien Criminal Offenders
Stephen H. Legomsky

The Unfinished Business of Immigration Reform
Susan R. Benda

Part 4. Refugees: International Perspectives and Domestic Policy Issues

Selected Issues in Soviet Jewish Migration
Judith E. Golub

Transforming Socialist Emigration: Lessons from Cuba and Vietnam
Robert L. Bach

Voluntary Repatriation
John McCallin

The Case for a Mandatory and Enforceable Safe Haven Policy in the United States
Arthur C. Helton

Asylum Claims from a Judicial Perspective
William R. Robie

Part 5. IRCA’s Employer Sanctions Provisions

Enforcing IRCA’s Ban on Employment Discrimination
Lawrence J. Siskind

Report on the Implementation of Employer Sanctions
Arnold P. Jones

Assessing the Effects of IRCA’s Employer Requirements and Sanctions
Georges Vernez

Assessing the Impact of IRCA’S Employer Sanctions Provisions
Michael C. Lemay

Employer Sanctions Deserve No Amnesty
Peter A. Schey and Carlos Holguin

The Disadvantages of the Sanctions Provisions
Antonia Hernandez

The Impact of IRCA’s Employer Sanctions Provision on Workers and Workplace
Muzaffar A. Chishti

APPENDIX: Program of the CMS Twelfth Annual National Legal Conference on Immigration and Refugee Policy

Volume 11, 1988

Introduction

Introduction
Lydio F. Tomasi

Part 1. Implementing the Immigration Reform and Control Act of 1986

Immigration Reform: Results and Prospects
Alan C. Nelson

Immigration Reform and Agricultural Labor
William Slattery

Amnesty: Can We Learn a Simpler and More Generous Approach?
Ira J. Kurzban

State Responsibilities under the Immigration Reform and Control Act of 1986
Walter Barnes

The Implementation of the American Legalization Experiment in Recent Retrospect
Gilbert Paul Carrasco

Part 2. Employer Sanctions and Discrimination

Immigration Reform: Status of Implementing Employer Sanctions After One Year
Arnold P. Jones

The Office of Special Counsel for Immigration Related Unfair Employment. Practices of the U.S. Department of Justice
Lawrence J. Siskind

The Immigration and Naturalization Service and Employer Sanctions Provisions
John F. Shaw

Part 3. Beyond IRCA: Current Legislative Initiatives

Beyond IRCA: Legal Immigration and the National Interest
Lawrence H. Fuchs

Humanitarian Admissions: A Gap in U.S. Immigration Policy
Susan Forbes-Martin

H.R.5115 and S.2104: Legislation to Reform Legal Immigration
Warren R. Leiden

Past and Present Trends in Legal Immigration to the United States
John M. Goering

Immigration Reform: Too Fast For Comfort?
Milton D. Morris

Part 4. Refugees

International Assistance to Refugees
Ambassador Jonathan Moore

Refugees and Resources
Guy S. Goodwin-Gill

New Asylum Rules: The Need for Reform in Asylum and Refugee Protection in the United States
Arthur C. Helton

INS. v. Cardoza-Fonseca, One Year Later: Discretion, Credibility and Political Opinion
Deborah Anker

Part 5. Migration Policy: Health and Education

Funding Initiatives to Improve the Health of Migrant Farmworkers: One Foundation’s Story
Carol Ruth Ausubel

Medical Exclusions: The Players and Policy
Joanne Luoto

Migrant Health Program Strategic Work Plan, 1988-1991
Sonia M. Leon Reig

Migrant Clinician Network
John W. McFarland

The Impact of the New Immigration Law on Education
Sylvia M. Roberts and Irene J. Willis

Epilogue

In acceptance of CMS Immigration and Refugee Policy Award
Marion M. Dawson

APPENDIX: Program of the CMS Eleventh Annual National Legal Conference on Immigration and Refugee Policy

Volume 10, 1987

Introduction

Introduction
Lydio F. Tomasi

Part 1. Implementing Employer Sanctions

The Immigration Reform and Control Act of 1986
John R. Schroeder

Employer Sanctions and Discrimination
Mary E. Mann

Unnecessary and Abusive Firings Under the Immigration Reform and Control Act of 1986
Arthur C. Helton

Part 2. Legalization and Its Aftermath

The INS and Legalization
Richard E. Norton

Hot Button Issues in the Legalization Program
Dale M. Schwartz

The Golden Moment of Legalization
Gilbert Paul Carrasco

Migration Policies in the OECD Area: Towards Convergence?
Jonas Widgren

Canada’s Refugee Determination System and the Effect of U.S. Immigration Law
Joseph Bissett

Part 3. Other Major Policy Changes of I.R.C.A. and New Directions In Immigration Policy

The Anti-Discrimination Amendment
Barney Frank

Foreign Agricultural Workers and Farm Labor
Tom Bruening

IRCA and Agricultural Workers: They May Have Strong Arms but Do They Have to Be Braceros?
Howard R. Rosenberg

Unfinished Business: Adjudication and Review
David A. Martin

New Directions in U.S. Immigration Policy
Doris M. Meissner

The Refugee Situation in Southern Africa
Jonathan Moore and Ambassador Jonathon Moore

Refugees, Non-nationals and the Relevance of Constitutional Values
Guy S. Goodwin-Gill

Part 4. Central American Refugees and Undocumented Mexicans

Undocumented Mexicans and Central Americans and the Immigration Reform and Control Act of 1986: A Reflection Based on Empirical
Leo R. Chavez and Estevan T. Flores

Migration and Labor Force Participation among Undocumented Female Immigrants from Mexico and Central America
Marta Lopez-Garza

Temporary Refuge and Central American Refugees
Joan Fitzpatrick Hartman

International Labor Migration and Refugees in the Americas: Issues for Hemispheric Cooperation
Gabriel Murille-Castaño and Gabriel Murillo-Castano

Stemming the Tide [with Comments]
Atle Grahl-Madsen and William K. Duval

Part 5. Migration As a Factor In U.S.-Mexico Relations

Introduction
Susan Kaufman Purcell

Effects of the Simpson-Rodino Law on Mexican-U.S. Relations
Humberto Hernandez-Haddad

Changing Mexican Posture Toward U.S. Immigration Policy
Jorge Castañeda

Part 6. The New Legislation and Migrant Health Factors

Legalization Program and Physical Examinations
David North

Medical Examination of Aliens
Willis R. Forrester

The New Legislation and Migrant Health Factors
Helen L. Johnston

Approaches to the Study of Migration and Health with Preliminary Findings from the U.S. National Health Interview Survey of 1985
Alvan O. Zarate and Gerry E. Hendershot

APPENDIX: Program of the CMS Tenth Annual National Legal Conference on Immigration and Refugee Policy

Back Matter

Volume 9, 1986

Introduction

Introduction
Lydio F. Tomasi

Part 1. Immigration Reform and Temporary Guest Workers

The Simpson-Rodino Bill and Hispanics
Matthew G. Martinez

Senator Wilson’s Amendment
J. Patrick Boyle

Agricultural Worker Provisions in Senator Simpson’s Bill
Richard W. Day

Reasonable and Unreasonable Compromises for a Foreign Workers Program
Jerry Tinker

The Mythology of Agricultural Exceptionalism: Some Comments
Robert J. Thomas

Mexican Transboundary Migrants: A Bilateral Approach to an International Labor Market Phenonmenon
Jorge A. Bustamante

Part 2. The Supreme Court and Migration

The Supreme Court and Immigration Law in the 1980s: Some Impressions
Peter H. Schuck

Good Aliens, Bad Aliens and the Supreme Court
T. Alexander Aleinikoff

Aliens and the Supreme Court
Stephen H. Legomsky

Part 3. The Private Sector, Immigration and Refugees

The Role of Administrative Agencies in the Immigration Process
Frank Loy

The Changing Role of the Private Sector Concerning Refugee Programs
Dennis Gallagher

Changes in Public and Private Involvement in Refugee Resettlement in the United States
Robert L. Bach

Part 4. Comparative Policies on Political Asylum in Europe and North America

Political Asylum in North America and Western Europe
Gilbert Jaeger

Basic Differences in Refugee Policy in Western Europe and North America
Goran Melander

Comparative Policies on Political Asylum: Of Facts and Law
David A. Martin

Canadian Policy on Refugees and Asylum Seekers
Joseph Bissett

Part 5. Detention Issues

The Immigration and Naturalization Service and Detention Practice
Maurice C. Inman Jr.

The Imprisonment of Refugees in the United States
Arthur C. Helton

The Detention of Non-Nationals, with Particular Reference to Refugees and Asylum-Seekers
Guy S. Goodwin-Gill

Challenging INS Detention of Minors
Carlos Holguin and Peter A. Schey

Part 6. Legal Aspects of Sanctuary Movement

The Legal Parameters of Sanctuary: Harboring and Alien Smuggling
Ignatius Bau

The Tucson Trial and its Legal Consequences for Asylum Seekers
Ellen Yaroshefsky

Sanctuary: The Alternatives
Paul W. Schmidt

Sanctuary: Legal Aspects
Atle Grahl-Madsen

Epilogue

Updating the Immigration Law
Sam Bernsen

APPENDIX: Program of the CMS Ninth Annual National Legal Conference on Immigration and Refugee Policy

Volume 8, 1985

Introduction

Introduction
Lydio F. Tomasi

Part 1. Immigration Enforcement: Strategy

Immigration Enforcement Issues
Alan C. Nelson

Screening Illegal Immigrants out of Work Forces and Social Welfare Programs without Discrimination
Barnaby W. Zall

Project SAVE: An Assessment from the Civil Rights Perspective
Linda J. Wong

Part 2. Immigration Enforcement: Effects on Jobs and Businesses

Introductory Comments
Patricia R. Pessar

The False Promise of Legalized Immigration in Agriculture
Edward J. Tuddenham

Immigration Reform and U.S. Employment Policy
Vernon M. Briggs Jr.

Comments on Briggs — “Immigration Reform and U.S. Employment Policy”
David Carliner

Illegal Immigration and the Labor Market
Philip L. Martin

Part 3. Immigration Enforcement and Individual Rights

Human and Labor Rights of Undocumented Workers in the United States
Chad Richardson

Rights of Mexican Migrant Workers and Mexican Policy
Manuel Garcia y Griego

Perspective on Immigration
George B. High

Part 4. Immigration and Human Rights

Basic Rights of “Temporary” Migrant Workers: Law vs. Power
W.R. Böhning

Human Rights, Sovereignty and the Migration of Mexican Workers
Jose A. Bracamonte

Immigration and Human Rights: International Dimensions
Atle Grahl-Madsen

Comment: Immigration and Human Rights
Arthur C. Helton

Comment: Immigration and Human Rights
Rita J. Simon

Part 5. Refugees and Asylees

U.S. Refugee Policy
Roger P. Winter

International Protection of Refugees and Displaced Persons: A Global Problem of Growing Complexity
Joachim Henkel

Comment: Refugees and Asylees
Donald H. Larsen

Genesis of Refugee Movements in the Third World: Implications for U.S Policy
Aristide R. Zolberg and Astri Suhrke

The Central American Exodus
Sergio Aguayo

Sanctuary, Asylum and Civil Disobedience
James W. Nickel

Part 6. Conclusions and Prospects

The Prospects of Immigration Reform During the 99th Congress
Hamilton Fish Jr.

The Political Outlook for Legislation
Barney Frank

The Impact of Perceptions, Attitudes and Values on the Receptivity of the United States to Newcomers
Karl D. Zukerman

Conclusions and Prospects
Richard W. Day

Conclusions and Prospects
Jerry Tinker

Appendix: Program of the CMS Eighth Annual National Legal Conference on Immigration and Refugee Policy

Volume 6, 1983

Introduction

Introduction
Lydio F. Tomasi

Part 1. Legislative and Judicial Developments

Proposed Immigration Reform: A Legislative Perspective
Hamilton Fish Jr.

Proposed Immigration Reform: A Congressional Perspective
Arnold Leibowitz

Proposed Immigration Reform: The Administration’s Perspective
William French Smith

Implementation of the Proposed Immigration Reform by INS
Maurice C. Inman Jr.

Implementation of the Proposed Immigration Reform of the State Department
Cornelius D. Scully III

Implementation of the Proposed Immigration Reform by the Labor Department
Marion Houstoun

Critique of the New Immigration Legislation: Due Process Consideration and Other Issues Affecting Legal Practice
Austin T. Fragomen Jr.

Supply-Side Immigration Theory: Analysis of the Simpson/Mazzoli Bill
Peter A. Schey

Implications of the New Immigration Legislation: Documentation
Elizabeth J. Harper

Immigration Reform: One State’s Perspective
David H. Pingree

Immigration Reform: A Trade Union Perspective
Peter Allstrom

Immigration Reform: Employer Sanctions and Legalization
Antonia Hernandez

The Potential Cost of Immigration Reform
Janice Peskin and Charles Essick

Estimates of Welfare Costs Under S. 529 and H.R. 1510: Background and Assumptions
Canta Pian

The Slow Process of Implementing Immigration Reform
David W. Crosland

Looking Forward to Legalization: Some Thoughts About the Physical Examinations That We Will Require the Aliens to Purchase
David S. North

Part 2. Refugees and Political Asylum

New International Initiatives in Responding to Refugees
James L. Carlin

International Initiatives on Refugees: A Comment
Leon Gordenker

The Development of U.S. Refugee Legislation
Deborah Anker

The U.S. Department of State’s Views and Policy Regarding the Internationalization of Refugee Relief and Admission Efforts
James H. Purcell Jr.

Policy Debates and the Refugee Experience
Robert L. Bach

Cuban/Haitians Entrant Program
Denise Blackburn

Political Asylum Under the 1980 Refugee Act: An Unfulfilled Promise
Arthur C. Helton

Part 3. International Migration and Foreign Policy

International Migration and Foreign Policy: When Does a Marginal Issue Become Substantive?
Aristide R. Zolberg

International Migration and Foreign Policy
Michael S. Teitelbaum

Immigrants, Refugees and U.S. Hemispheric Relations
Christopher Mitchell

International Migration and Foreign Policy: Comments from the U.S. Perspective
Susan Kaufman Purcell

International Migration and Foreign Policy: Comments from a Mexican Perspective
Jorge A. Bustamante

Beyond the Proposed Reform of the Immigration and Nationality Act
Dawn I. Marshall

APPENDIX: Program of the CMS Sixth Annual National Legal Conference on Immigration and Refugee Policy

Back Matter