The National Security Implications of Immigration Law

The National Security Implications of Immigration Law

by Arthur L. Rizer


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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.

Product Details

ISBN-13: 9781614384236
Publisher: American Bar Association
Publication date: 02/16/2013
Pages: 264
Product dimensions: 6.00(w) x 8.80(h) x 0.70(d)

Table of Contents

Acknowledgments ix

Prologue xi

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

Denaturalization 131

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

Index 253

About the Author 263

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