These pages are designed to provide additional material and helpful information for instructors using of my casebook Immigration and Nationality Law: Cases and Materials (5th Ed. 2018)
Chapter 1 – Introduction
This is a nice piece which appeared in the New York Times Magazine, July 8, 2018 issue that discusses the ACLU’s efforts in the area of immigrant rights.
To supplement your teaching I have included short clips that you are welcome to start a discussion on a range of topic. The clips are excerpted from popular films. The list of the clips appears below with brief descriptions. These clips are generally each under 5 minutes each and are organized below by relevancy to the chapter in the casebook.
Chapter 1 – Introduction to Immigration Law
– ImmigrationDebateCurrentTV.m4v – From Current TV – Cartoon clip from the Native American Perspective https://docs.google.com/leaf?id=0B0hTuvR3jRd3MGNhYjhiNWEtMjk0OC00MzE1LTllYjctNjY1YTliNGYzNDll&hl=en_US
From the TV Series “The West Wing” (2006) – WWingImmDebate.m4v – Immigration Debate One of the last episodes of the popular TV series features a short segment of the debate between the two presidential candidates on immigration reform. Clip includes Jimmy Smits and Alan Alda as presidential candidates – https://docs.google.com/leaf?id=0B0hTuvR3jRd3NWQ1ZDFkODktNzMyMi00MDQ0LTlkNTEtNzgxNjc5MmI2NzQ5&hl=en_US
From the movie “Bolivia” (2001) – Movie about the plight of a Bolivian (Freddy) undocumented migrant struggling to make it in Argentina. The movie is set in a neighborhood in Buenos Aires. Freddy has come to Argentina as a consequence of having lost the ability to make a living due to US effort to eradicate the growing of coca in certain parts of his country – Bolivia1.m4v – “Freddy and Rosa Talk” – Rosa is from Paraguay and she works in the diner with Freddy. In the two parts of this clip you learn a little about both Freddy and Rosa and why they are in Argentina. https://docs.google.com/leaf?id=0B0hTuvR3jRd3ZDVhYzljMGItZWI1MC00YTE1LWI4ZmUtMzljNTIwZDczNGZm&hl=en_US
– Bolivia 2.m4v – “Freddy calls Home” – This just give you a small taste of what things are like for Freddy in Argentina. In this clip he has a brief telephone call to his family assuring them that all is fine. In reality things are not so good as life is hard for Freddy. https://docs.google.com/leaf?id=0B0hTuvR3jRd3MWU1YjNmMWMtOWZjYy00NWYwLWE4OTMtOWVhODc4NTc4NWM3&hl=en_US
From the movie “Bread and Chocolate” (1974) – Movie set in Switzerland presents the travails of Italian guest workers at a resort. BreadandChocolate.mp4 – In this clip the protagonist asks the age old question of immigrants “Why don’t they like us?” https://docs.google.com/leaf?id=0B0hTuvR3jRd3N2RjMjhlZWQtNzE0NC00ODdlLWE2ZjMtMGUzMWEyNWNiOWY3&hl=en_US
Chapter 2 – Immigrant Rights in the Social Context
From the movie “Bread and Roses” (2000) – Movie about organizing efforts of janitors in Los Angeles. Bread&RosesUnion.m4v – Union Organizing https://docs.google.com/leaf?id=0B0hTuvR3jRd3YTZmMTkwMmMtNjgyZC00MTY4LTgwOTYtMDcxZmZkMTdlOWRj&hl=en_US
Chapter 3 & 4 – Inadmissibility and Removal and Removal After Admission
From the movie “The Terminal” (2004) – An Eastern European man (Tom Hanks) who becomes stuck in JFK Airport when he is denied entry into the US and cannot return to his native country because of a military coup. The TerminaInspection1.m4v – Immigration Inspection https://docs.google.com/leaf?id=0B0hTuvR3jRd3MGI0YjBkMDQtMDNhMi00Mjg2LWI1MTktMWRhYTZjOWU0ZWU4&hl=en_US
– The Terminal_Passports_Visa.m4v – https://docs.google.com/leaf?id=0B0hTuvR3jRd3Y2I4N2JjYWQtOWZhMC00M2EwLTk5YzItODc5ZjNhMDRlODEw&hl=en_US
– TermExpRemTwist.m4v – An Incorrect Explanation of Expedited Removal https://docs.google.com/leaf?id=0B0hTuvR3jRd3ODFlNjcyMjUtYTFhMC00MDI5LTk2NDItNzY4OGIxZmJjY2Iz&hl=en_US
TerminalImmigrationProblem.m4v – The Stanley Tucci explains Mr. Navorsky’s legal dilemma https://docs.google.com/leaf?id=0B0hTuvR3jRd3NjMyNjc2ZWEtY2FkMy00NGRmLWEzMzQtYzFiZjgxNTU4NTJl&hl=en_US
From the movie “Chasing Freedom” (2004) – A corporate lawyer reluctantly takes on the pro bono asylum case of a woman who has fled the brutal Taliban regime in Afghanistan and arrived in the United States seeking freedom. ChasingFreedom1.m4v – Getting Through Expedited Removal https://docs.google.com/leaf?id=0B0hTuvR3jRd3NGJiMzkyNGYtNjBjZC00YTJlLThhOGMtY2M4YmRmZWQyOGFh&hl=en_US
– ChasingFreedom2.m4v – Credible Fear: Detention or Release https://docs.google.com/leaf?id=0B0hTuvR3jRd3OTRmM2U5NzEtNTUxNS00MjY0LThhNDctNTIyYzgwODA5ZThi&hl=en_US
– Chasing Freedom3.m4v – Master Calendar: Filing the Asylum Application https://docs.google.com/leaf?id=0B0hTuvR3jRd3ZDk3YTdlODctMjQ4Ny00ZjdmLWEwYTMtYzU0YjEwNGEzNGY3&hl=en_US
From the movie “The Visitor” (2007) – A college professor (Richard Jenkins) travels to New York for a lecture, he returns to his home and finds that undocumented immigrants Tarek (Haaz Sleiman) and Zainab (Danai Gurira) are living in his apartment. VisitorArrest_Detention.m4v – Tariq is arrested for jumping a turnstile in the NY subway https://docs.google.com/leaf?id=0B0hTuvR3jRd3Njg5MDM0YzUtMzA2OS00MjM4LWIxNzItYzhmZTk4NGIzYjkx&hl=en_US
– VisitorDetention.m4v – Tariq at immigration detention in New York https://docs.google.com/leaf?id=0B0hTuvR3jRd3NjU2ZmZkNDMtZDA4Yy00MGYyLTgzM2ItZTRhMzJjYWYzYjVm&hl=en_US
From the movie “The Paper Wedding” (1989) – Set in Canada, an attorney representing a Chilean refugee looking for a way to help him remain convinces convinces her single sister (Geneviève Bujold) to marry the man so that he can remain in Canada. Unfortunately, immigration officers are suspicious. ImmigrationSearchConsent.m4v (Paper Wedding) – Immigration officers conduct a search of a restaurant https://docs.google.com/leaf?id=0B0hTuvR3jRd3YjkyMDRiMGUtYTg4NC00NzYyLWFiNDItODM0YTZhMGU5MmY1&hl=en_US
– ConsentoSearchPaperWedding.m4v – Immigration officers use questionable methods to search a home https://docs.google.com/leaf?id=0B0hTuvR3jRd3NmFkNzNjMjUtMTVjYS00MDU2LTgyOTYtNDFhMzZkYWRjZjRk&hl=en_US
From the movie “Petty Crimes” (2002) – Set in New York a petty criminal from France (Michel) faces problems with US immigration and enlists the help of his girlfriends law professor from NYU. SearchPettyCrime.m4v – Immigration execution of search warrant into Michel’s girlfriend’s apartment and delivery of a notice to appear. https://docs.google.com/leaf?id=0B0hTuvR3jRd3NWVmMjViYzUtZmZmOS00ZjgzLWI1OTUtZjYwM2Q3MmVhMzY5&hl=en_US
– LawyerMeeting.m4v – Michel meets the lawyer who explains what he needs to do to avoid/delay removal https://docs.google.com/leaf?id=0B0hTuvR3jRd3Nzk3YWJiYzUtNGE3Yi00OTQ0LTk4MmQtMzIzY2Q3ZjExOGJi&hl=en_US
– LegalAlternatives.m4v – Lawyer presents a Jiu Jitsu approach to removal defense https://docs.google.com/leaf?id=0B0hTuvR3jRd3MmNhOTg5NTEtMGVkYS00MmIzLWJjNzktODM0YWJiMWFhMzRm&hl=en_US
Chapter 5 – Protection from Harm
From the movie “Chasing Freedom” (2004) – A corporate lawyer reluctantly takes on the pro bono asylum case of a woman who has fled the brutal Taliban regieme in Afghanistan and arrived in the United States seeking freedom. ChasingFreedom1.m4v – Getting Through Expedited Removal https://docs.google.com/leaf?id=0B0hTuvR3jRd3NGJiMzkyNGYtNjBjZC00YTJlLThhOGMtY2M4YmRmZWQyOGFh&hl=en_US
– ChasingFreedom2.m4v – Credible Fear: Detention or Release https://docs.google.com/leaf?id=0B0hTuvR3jRd3OTRmM2U5NzEtNTUxNS00MjY0LThhNDctNTIyYzgwODA5ZThi&hl=en_US
– Chasing Freedom3.m4v – Master Calendar: Filing the Asylum Application https://docs.google.com/leaf?id=0B0hTuvR3jRd3ZDk3YTdlODctMjQ4Ny00ZjdmLWEwYTMtYzU0YjEwNGEzNGY3&hl=en_US
From the documentary film “Into the Arms of Strangers: Stories of the Kindertransport” – Narrated by Judi Dench (2000). WW2FleeingPersecution.m4v – Fleeing Persecution https://docs.google.com/leaf?id=0B0hTuvR3jRd3NGJjNzk1YjEtODRkYy00YzUyLWFjNGQtYTE3YTg5MTljYjEw&hl=en_US
– WorldWar2Resettlement.m4v – When has Someone “Resettled”? https://docs.google.com/leaf?id=0B0hTuvR3jRd3Njc1M2YzODctNzU1MC00MmU3LWJhMzgtMGI1NmVlMjFmOTMy&hl=en_US
– WorldWar2RefugeeReflections.m4v – What Happened to the Refugee Children https://docs.google.com/leaf?id=0B0hTuvR3jRd3NmM4YWJmYWEtNjY5NS00NTU3LWEzODQtZjkwYzBhOWQxMmIz&hl=en_US
From the documentary series “The New Americans” (2008) – From the documentary which follows the lives of a diverse group of immigrants and refugees. NewAmericansNigerianRef.m4v – Life in a Refugee Camp https://docs.google.com/leaf?id=0B0hTuvR3jRd3YjgwNGQ5ZjYtMWI2OS00MmNjLWE1YWItMWFjZWVhOGQ2ZDFk&hl=en_US
– NewAmericansWhyCometoAmerica.m4v – Palestinian American bringing his fiance to the US “Why Come?” https://docs.google.com/leaf?id=0B0hTuvR3jRd3YzYxOWNkNzQtZDViNC00OTJhLWIwY2QtYzczNTc5NDNjYTBk&hl=en_US
From the film “Yes” (2004) – Set in London, the wife of a British politician meets a Lebanese exile who, a professional in his own land, works in London as a cook. Fascinated by him, the two start a torrid affair but their cultural and political differences begin to drive a wedge into their happiness. YesHisStoryAsylum.m4v – The Persecuted: His Story – Does he still qualify? https://docs.google.com/leaf?id=0B0hTuvR3jRd3MGFlODQ2N2YtOWYzNC00OTExLWFlZTQtM2QzMjE1MDQzYWJl&hl=en_US
Chapter 6 – Nonimmigrants
From the movie “French Kiss” (1995) – An American (Meg Ryan) living in Canada with her husband flies to France to confront her straying fiancé and gets into trouble when the charming crook seated next to her uses her to smuggle a stolen diamond necklace. French Kiss 2.m4v – Meg Ryan’s Interviews at the US Embassy in an effort to travel and then goes to the Canadian Embassy where she encounters problems in getting a visa to return to Canada https://docs.google.com/leaf?id=0B0hTuvR3jRd3YzczZDQwYzItZmE0YS00NzYyLThmZWUtMzJiNDlkZDQ2YWUx&hl=en_US
From the documentary “H-2 Worker” (1990) – Winner of the Grand Jury prize at the Sundance Film Festival, H2 Worker reveals the systematic exploitation of Caribbean laborers by the Florida sugar industry from World War II to 1990. H2 Workers.m4v – Nonimmigrant H-2 Workers https://docs.google.com/leaf?id=0B0hTuvR3jRd3NjZjY2JjZDEtMDI1OC00Y2MyLWE1MGQtM2FmYmVmNzk2OGVi&hl=en_US
Chapters 7 – 9 Immigrant Visas and Permanent Residency
From the movie “Green Card” (1990) – An American woman enters into a marriage of convenience with a Frenchman so he can obtain a green card and remain in the United States. GreenCardIntv1.mp4 – In an unusual setting immigration officers interview the couple regarding the marriage petition https://docs.google.com/leaf?id=0B0hTuvR3jRd3ZTM1ZjhiYWItNDQ2My00NDg0LWFkN2ItNDBlNDFiODg4YjRj&hl=en_US
– GreenCardLegalAdvice.mp4 – Lawyer (Robert Prosky) gives flagrantly bad advice on marriage fraud https://docs.google.com/leaf?id=0B0hTuvR3jRd3YTg1ZjNhNWQtMDBjMy00OWRiLTg2NGYtNmQ4NWQ4Y2Y1YTY0&hl=en_US
– GreenCardInterviewsCulmination1.mp4 – Final Marriage Interview with USCIS https://docs.google.com/leaf?id=0B0hTuvR3jRd3OGEwMDE4YWUtYjU2OS00N2NhLWJhMDAtMzI5YTJiMjA1OTcw&hl=en_US
– Immigration Marriage Fraud.m4v – From “The Paper Wedding” Marriage Fraud https://docs.google.com/leaf?id=0B0hTuvR3jRd3NGUxM2M1NmEtNGI4Mi00NDQwLTljYjgtODc1OTJhMmIzZmQ2&hl=en_US
Chapter 10 Relief from and Amelioration of Grounds for Removal
From the documentary “Sentenced Home” (2006) – Raised as Americans in inner city projects near Seattle, three young Cambodian refugees each made a rash decision as a teenager that irrevocably shaped their destiny. Years later, facing deportation back to Cambodia, they find themselves caught between a tragic past and an uncertain future by a system that doesn’t offer any second chances. RelieffromRemoval.m4v – Relief from Removal – Presents the problems faced by certain non-citizens convicted of crimes https://docs.google.com/leaf?id=0B0hTuvR3jRd3ODYxNzhlM2QtYmM0NC00YWJiLTgwZDAtMTAwYzkwZTZiMWFh&hl=en_US
From the “The Terminal” (2004) – An Eastern European man (Tom Hanks) who becomes stuck in JFK Airport when he is denied entry into the US and cannot return to his native country because of a military coup. The Termina_Compassion.m4v – Very brief clip where the character played by Stanley Tucci (Head of CBP at JFK) is reminded by his boss that “compassion is the foundation of this country.” https://docs.google.com/leaf?id=0B0hTuvR3jRd3MDQ1ODE3YmEtMDg2ZC00YmM1LThlNWEtY2E1ZDY3NGI4Y2Ux&hl=en_US
Chapter 11 – Citizenship
Craig Ferguson Citizenship Test.m4v – This is a humorous clip of Craig Ferguson going through the citizenship questions at an interview with USCIS https://docs.google.com/leaf?id=0B0hTuvR3jRd3YmY2Njc5MmQtNDM1Zi00MGRhLWIzM2MtNmUwYmQ3MGNkNGFi&hl=en_US
Chapter 2 – Immigrant Rights in the Social Context
Executive Order 13,768, Enhancing Public Safety in the Interior of the United States, 82 Fed. Reg. 8,799 (2017)
Chapter 3 – Admissibility and Removal
During the summer of 2018 the Supreme Court decided an important case involving the power of the Executive Branch in invoking a provision of the immigration statute to bar the admission of large category of non-citizens. 8 U.S.C. § 1182(f), Sec. 212(f). This link to Trump v Hawaii edited includes the Court’s decision in the case.
Expedited Removal – Removal Without a Hearing
Border Security and Immigration Enforcement Improvements, Exec. Order 13,767, 82 Fed. Reg. 8,793 (2017); Enhancing Public Safety in the Interior of the United States, Exec. Order 13,768, 82 Fed. Reg. 8,799 (2017).
Enhancing Public Safety in the Interior of the United States, Exec. Order 13,768, 82 Fed. Reg. 8,799 (2017)
p. 173 of text – Edited version of AILA v. Reno, 18 F. Supp. 2d. 38 (D.D.C. 1999), aff’d 199 F.3d 1352 (D.C. Cir 2000)
Chapter 4 – Removal After Admission
Chapter 5 – Protection from Harms
On page 388 after the A-R-C-G- case the following should be included:
In July of 2018 the Attorney General took an asylum case Matter of A-B- under his authority to review cases by certification and vacated the BIA decision in A-R-C-G- replacing it with a new decision which downloadable here. (Matter of A-B-)
And In Re R-A- (this is included because the Attorney General’s decision in A-B- is an attempt to set the law back to at least 1999 when the Board decided the R-A case.
For more the most current information on the development of this case please consult this link. https://cgrs.uchastings.edu/A-B-Action
Temporary Protected Status. Recent Decisions on Temporary Protected Status. While decisions on which groups should be accorded TPS protection have always been controversial the ascendancy of Trump to the White House has changed the discussion in significant ways. The Administration’s hostility to immigrants general, has caused a significant scaling back of TPS. For example, the DHS Secretary in compliance with the series of immigration related Executive Orders issued by the White House has announced the termination of a number of long standing TPS programs. Below is a brief summary of TPS determinations by country with cross-reference to the Federal Register.
Temporary Protected Status to be terminated. El Salvador to terminate 18 months following the end of the last designation to Sept. 9, 2019, 83 FED. REG. 2,654 (2018); Haiti to terminate 18 months following end of the last designation to July 22, 2019 (83 FED. REG. 2,648 (2018); Honduras to terminate effective 18 months from termination to January 5, 2020 (83 FED. REG. 26,074 (2018); Nicaragua to terminate 12 months following the end of the last designation to January 5, 2019 (82 FED. REG. 59,636 (2017); Sudan originally designated Nov. 4, 1997 to terminate on Nov. 2, 2018 [82 FED. REG. 47,228 (2018)].
;
Temporary Protected Status to continue. Somalia extended to Mar. 17, 2020) (there are approximately 500 TPS beneficiaries in the US); South Sudan extended to May 2, 2019 [82 FED. REG. 44,205 (2017)]; Syria originally designated March 29, 2012 with extensions to Sept. 30, 2019 [83 FED. REG. 9,329 (2019)]; Yemen originally designated Sept. 3, 2015 with extensions to March 3, 2020 (there are approximately 1,250 TPS beneficiaries [82 FED. REG. 859, Press Release, Secretary of Homeland Security, Kirstjen M. Nielsen (Jul. 5, 2018)].
Temporary Protected Status not changed. Nepal originally designated June 24, 2015 scheduled to end June 24, 2019 [(81 FED. REG. 74,470 (2016)].
Reference: ://https://www.uscis.gov/humanitarian/temporary-protected-status
Chapter 6 – Nonimmigrants
Chapter 7 –
Chapter 8 –
Chapter 9 –
Chapter 10 – Relief from and Amelioration of Grounds for Removal
Documents Related to DACA/DAPA
Memorandum from Janet Napolitano, DHS Secretary to David Aguilar, Acting Commissioner, USCBP and others, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the US as Children (Jun. 15, 2012) (“DACA” Memo) – https://perma.cc/9ES6-XGZX
Memorandum from Karl Thompson, Principal Dept’y Ass’t Attorney General, Office of Legal Counsel to the Secretary of DHS and to the Counsel to the President, The Department of Homeland Security’s Authority to Prioritize Removal of Certain Aliens Unlawfully Present in the US and to Defer Removal of Others (Nov. 19, 2014) – https://perma.cc/HYV7-4V3Z
Memorandum from Jeh Johnson, DHS Secretary to Leon Rodriguez, Director USCIS and others, Exercising Prosecutorial Discretion to Individuals Who Came to the US as Children and with Respect to Certain Individuals Who are the Parents of US Citizens or Permanent Residents (Nov. 20, 2014) (“DAPA” Memo) – https://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Chapter 11 – Citizenship