Immigration law is unique in its national security applications-it is both a mechanism for keeping the enemy out and the apparatus for entry into the United States. There is a clear security interest in maintaining the integrity of the borders while simultaneously preserving our role as a nation that offers refuge.
The National Security Implications of Immigration Law conducts a historical overview of using immigration law for national security purposes, and then explores the laws and cases themselves:
National Security Tools Imbedded in Immigration Law: the exclusion and deportation grounds under the Immigration and Nationality Act for national security threats including espionage and terrorist activity; the summary removal provision as a governmental tool against aliens who are perceived as threatening national security; The Alien Terrorist Removal Court; and the International Convention Against Torture and how it affects national security policy in the United States by its immigration implications.
Material Support Statue and Denaturalization: the immigration consequences of providing material support to a terrorist organization; waivers to the material support bar in the Immigration and Nationality Act; and denaturalization of U.S. citizens.
Protecting Classified Information with Immigration Law: the provisions and techniques that allow the government to aggressively protect the national security interests of the United States with little exposure of classified information.
The Front Line of Immigration-Detention: the government's ability to detain terrorist suspects for deportation purposes, particularly the case of Zadvydas v. Davis.
Using Criminal Immigration as a National Security Tool: how the 8 U.S.C. §§ 1324, 1325, and 1326 prosecutions are utilized both as a means to protect our physical borders from illegal immigration and to combat national security threats.
Liberty Concerns with Using Immigration Law as a Security Tool: the rule of law and its role in immigration and national security policy.
This book is perfect for students, teachers, and practitioners of immigration law; government officials and lawyers; international lawyers; and anyone with an interest in the intersection of immigration law and national security.
|Publisher:||American Bar Association|
|Product dimensions:||6.00(w) x 8.80(h) x 0.70(d)|
Table of Contents
Chapter 1 History of the National Security Implications of Immigration Law 1
Historical Backdrop 1
Defining National Security 47
Chapter 2 National Security Tools Embedded in Immigration Law 51
National Security Tools and Implications from Immigration Law 51
Removal, Holds, and Denial of Benefits 52
Defining a National Security Threat 64
Denial of Relief 83
Denial of Adjudication 83
Summary Removal 84
Alien Terrorist Removal Court 92
Chapter 3 The Hammer: The Material Support Bar and Denaturalization 105
Material Support 105
Waivers to the Material Support Bar 129
Chapter 4 Protection of Classified Information with Immigration Law 155
Classified Information in National Security Cases 155
Chapter 5 The Front Line of Immigration: Detention 173
Immigration Detention 173
Chapter 6 Use of Criminal Immigration as a National Security Tool 233
Holes in the Border 233
Chapter 7 Liberty Concerns with Using Immigration Law as a Security Tool 247
The Rule of Law in Immigration and National Security Context 247
About the Author 263