11 Jul 2022

118

Legal Issues of Immigration, Nationality, and Citizenship

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Academic level: College

Paper type: Article

Words: 1161

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Cohn (2015) gave a detailed report on the changes that have occurred to the enactment of rules and policies through the history of the United States up to 2014. The report elaborated on all the subtle and landmark immigration laws and the plausible justification for their enactments. The chronological breakdown of the immigration history report gives a comprehensive insight into the steps the United States has made pertaining citizenship and immigration. The report, however, does not give incidences in which a sitting president attempted to sabotage or outlaw an immigration law without invoking Congress, or how such an act was received by the public. 

The American Civil Liberties Union (2018) gave a position paper on the rights of immigrants. According to the report, the United States has paid homage to more than 55 million immigrants from all over the world since its founding. In fact, most of the people living in the United States are immigrants or have an immigrant ancestry. However, the hostility meted out against the immigrants has always been a contentious issue all though the history of the United States. The report concedes that the U.S constitution does not give immigrants the rights to enter the country. However, the constitution the constitution has provisions that protect them from racial profiling as well as granting them their rights to employment once they are in the country. This report does not give the legal procedures and requirements the immigrants are required to fulfill to attain citizenship and constitutional rights. 

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The Law Library of Congress (2014) detailed a report on a survey of the laws in twenty jurisdictions regarding the treatment and granting of citizenship to undocumented immigrants who arrived in the countries as minors. The report also gave an overview of how the issues surrounding the legalization of undocumented young persons. According to the survey, the laws in most countries do not provide for the legalization of illegal or undocumented persons. The survey, however, does not expound on the legalization of minors who have been separated from their parents following entry into the country. 

The Law Library of Congress (2017) documented a report on a survey conducted on the law of citizenship and asylum granting procedures in the 1951 U.N. Refugee Status Convention countries. The survey was mainly vested on ascertaining the fees charged for asylum and citizenship application. The report asserts that there is a disparity in the rates the different countries charge for asylum and the reasons for (or the lack of) asylum charges. 

Costello et al. (2017) document a report on the legal and protection policies as provided for by Article 31 of the 1951 UNHCR convention. The article elaborates on the contemporary practices and the binding international precepts about the treaty interpretation. Also highlighted in the article is the fees charged by the member states, as documented by the Law Library of Congress (2017) report. The national courts in the pertinent states are responsible for interpreting the international refugee laws. The survey report on the jurisprudence of the national courts shows that different member states have interpreted the international refugee laws differently on multiple accounts. The report how ever does not give a way forward to the glaring misinterpretation and biased judgment that have been passed by the various member states. 

Dejevsky (2016) published an opinionated report in The Guardian about the ever-increasing global refugee crisis. In her article, Dejevsky asserts that it was time to rethink the Geneva refugee convention and come up with new strategies and policies to curtail the immigrant crisis. The European Union precepts and international law stipulate that anyone arriving at another national border in legally entitled to seeking asylum, whose outcome is subject to analysis by the receiving country. The article points out these international laws and the Geneva Convention were founded on the aftermath of WWII, where the need for asylum was “warranted,” and the numbers of asylum seekers were limited. However, numbers of asylum seekers across the Western countries is bulging, and the host nations have to depend on their dwindling resources. The article concludes that the Geneva and EU immigration laws are simply incompatible with the current immigration status. The article, however, does not provide a statistical analysis of the post-WWII and the modern time refugee crisis. 

Johnson & Kane (2006) publishes a report on The Heritage Foundation about the immigration problem, and the corresponding solution to the problems. According to the report, the challenge of globalization is increasingly becoming the hindrance to America’s openness to immigrants. Untamed immigration is a conduit to terrorism, crime, and economic sabotage. The real problem in curbing the problem of immigration is establishing policies and legal frameworks for distinguishing between the well-intending immigrants and the malicious asylum seekers. To shield itself from possible immigrant related security and economic threats, the policymakers have been obliged to formulate policies that largely bar all immigrants from being granted asylum and citizenship. The thin line of approval and criticism of the policies lies in the ability to make exceptions. 

Wasem (2012) published a report for the Congressional Research Service. According to the report, the U.S immigration system is broken. However, attempts to reform this system in the 109 th and 110 th Congresses failed. With the high number of foreigners living in the U.S, the 112 th Congress is obliged to amend the laws to cope with the employment and budgetary constraints brought about by the influx of foreigners. The report gives the recommendations that can be undertaken by Congress to reform the immigration system in favor of the nation’s sustainability. This report, however, does not give the opinion of the public and the international community. Implementation of the recommendations will, therefore, elicit massive public uproar. 

The Federation for American Immigration Reform – FAIR, (2016) tabled a report on the role of the State and local law enforcement in immigration matters. The report delves into the implications of the increase in unchecked illegal entry into the country. According to the report, illegal immigration profoundly affected all facets of the American society including national security, cost of living and employment. These issues resonate with Johnson and Kane (2006), and Dejevsky (2016) reports. The report points out those sanctuary policies in some jurisdictions impede the local and state law enforcement officers from effectively dealing with immigration at the culpable state borders. The report, however, does not give substantial proof of the effectiveness of synergy between the federal and state law enforcement agencies in curbing immigration. 

Chin (2018) published a report on the progress of the Congress in solving the immigration issues. The article points out that there is a possible stalemate in the House of Representatives, as the support given to the immigration bills is founded on political parties. There is a possibility that the solution to the immigration issues may take a while to be attained by Capitol Hill. The report, however, does not give the implications of these delayed solutions to the affected immigrants in immigration detention centers. 

References 

Chin, B. (2018). Immigration Issues on Capitol Hill – Will Anything Get Done? Mintz Levin Immigration Law. 

Federation for American Immigration Reform. (2016). The Role of State & Local Law Enforcement in Immigration Matters and Reasons to Resist Sanctuary Policies. 

Wasem, R. E. (2012). Overview of Immigration Issues in the 112th Congress. Congressional Research Service. 

Costello, C., Iofee, Y., & Buchsel, T. (2017). Article 31 of the 1951 Convention Relating to the Status of Refugees. LEGAL AND PROTECTION POLICY RESEARCH SERIES. The University of Oxford. 

American Civil Liberties Union. (2018). The Rights Of Immigrants -ACLU Position Paper. 

Johnson, K., & Kane, T. (2006). The Real Problem with Immigration... and the Real Solution. The Heritage Foundation. 

Dejevsky, M. (2016). The Geneva refugee convention can’t cope with this crisis. Time for a rethink. The Guardian. 

Law Library of Congress (2014). Laws Concerning Children of Undocumented Migrants. 

Law Library of Congress (2017). Fees Charged for Asylum Applications by States Parties to the 1951 Refugee Convention. 

Cohn, D. (2015). How U.S. immigration laws and rules have changed through history. Pew Research Center. 

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StudyBounty. (2023, September 14). Legal Issues of Immigration, Nationality, and Citizenship.
https://studybounty.com/legal-issues-of-immigration-nationality-and-citizenship-article

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