The Alien Tort Statute: What Is It? Will It Survive The US Supreme Court? The Current Buzz The Alien Tort Statute (ATS, also referred to as the Alien Tort Claims Act or the ATCA), an obscure piece of legislation enacted by the first Congress as part of the Judiciary Act of 1789, has been dusted off and relied on from time to time by foreign nationals.
It has surfaced again this year. On Monday, October 1st, as the leading case argued to the U.S. Supreme Court on its opening day this fall, the Court heard re-argument in Kiobel v. Royal Dutch Petroleum, originally argued in February and re-heard last week at the direction of the Court. Immigration and National Security: The Illusion of Safety Through Local Law Enforcement Action by David Harris. University of Pittsburgh - School of LawDecember 6, 2011 Arizona Journal of International and Comparative Law, Vol. 28, 2011 University of Pittsburgh Legal Studies Research Paper No. 2011-27 Abstract: Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States.
The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. Number of Pages in PDF File: 18 JEL Classification: K14, K32, K39, K42, K49 Accepted Paper Series Suggested Citation Harris, David A., Immigration and National Security: The Illusion of Safety Through Local Law Enforcement Action (December 6, 2011). 2012,0329-waslin.pdf (application/pdf Object) 795 F.2d 738. « up 795 F.2d 738 Russel K.
WILLIAMS, et ux., Petitioners-Appellees, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant. No. 84-4186. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1986. Decided July 24, 1986. Robert J. Donald A. Appeal from the United States District Court for the Eastern District of Washington. Before WRIGHT, SNEED, and SCHROEDER, Circuit Judges. SNEED, Circuit Judge: The Immigration and Naturalization Service (INS) appeals from the district court's grant of a writ of habeas corpus reinstating the privilege of voluntary departure for the Williams's.
On September 19, 1974, Mr. and Mrs. On October 7, 1982, Williams filed with the BIA a motion to reopen for suspension of deportation (Motion to Reopen # 1). Meanwhile, in October of 1982, Williams had applied to the Department of Labor for a labor certification. One more route was possibly open. For several reasons, we do not accept Williams' assertion of mootness made at oral argument. Stuck in Samoa: The US refuses to take back this ‘stateless’ man. Please support our site by enabling javascript to view ads.
More than 70 countries have signed on to two international conventions that bind them to provide a way for the stateless to regularize their legal status. But the United States never has. And though lawmakers have introduced legislation in the past to offer a pathway to immigration regularization, it has failed each time. Seeing the world Because he can’t travel outside the United States, Sebastian says he’s been visiting the most exotic American destinations he can find — Guam, Puerto Rico and Hawaii, among others.
Last December, Sebastian decided, the South Pacific was next on his list. Here’s the chain of events no one disputes: After visiting American Samoa, Sebastian took a side trip to the neighboring independent country of Samoa before crossing back into the US territory. Stuck forever? Stuck in Samoa: The US refuses to take back this ‘stateless’ man. Please support our site by enabling javascript to view ads.
VIENNA, Austria — Mikhail Sebastian’s trip to American Samoa redefines the term nightmare vacation. Instead of a five-day holiday to the lush, tropical US territory in the South Pacific, the 39-year-old has spent more than nine brutal months there caught in an immigration law hell. Experts agree it’s an unprecedented illustration of America’s broken immigration system. The key sticking point: Though he’s lived legally in Houston and the Los Angeles area for years under a special arrangement with the Department of Homeland Security, Sebastian is stateless, with no citizenship at all.
The federal government argues that during his vacation he “self-deported” from the United States — despite the fact that American Samoa is a US territory. Now the part-time travel agent and barista is stuck on the 76-square-mile island as federal and local officials hash out what to do with him. United States Statutes at Large, Volume 65, 1951, Page: 622.