David Carliner - The Rights of aliens and refugees: the basic ACLU guide to alien and refugee rights
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The Rights of aliens and refugees: the basic ACLU guide to alien and refugee rights
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Virtually all the protections written into the Constitution are stated in universal terms applicable to all persons, aliens as well as citizens. The disparate treatment given to aliens has come largely from legislative acts of the state and federal governments during periods of hostility toward immigrants of differing racial and ethnic origin and against persons regarded as disloyal in times of war and ferment.Using a question-and-answer format, this book attempts to define the rights of aliens in the United States under existing laws. It will help aliens and those who assist them to know, to understand, to exercise those rights, and to extend their opportunities to function as full members of the American community.
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David Carliner practices law in Washington, D.C., specializing in immigration and nationality matters. He is the author of the original edition of the Rights of Aliens, published in February 1977. He is the former General Counsel of the American Civil Liberties Union and was Chairman of the Immigration and Nationality Committee of the Administrative Law Section of the American Bar Association. He currently serves on the ABA Coordinating Committee on Immigration Law.
Lucas Guttentag is Director of the National Immigration Rights Project of the American Civil Liberties Union. He teaches immigration law at Columbia Law School and has litigated numerous cases in the area of immigrants' rights, employment discrimination, and criminal justice reform. He is a cum laude graduate of Harvard Law School and served as a law clerk to Federal Judge William Wayne Justice.
Arthur C. Helton is Director of the Refugee Project of the Lawyers Committee for Human Rights, and Chair of the Advisory Committee to the New York State Inter-Agency Task Force on Immigration Affairs. He teaches immigration and refugee law at the New York University School of Law, and he has authored numerous articles, testified in Congress and federal court, and litigated several cases concerning immigration and refugee issues.
Wade J. Henderson is the Associate Director of the Washington National Office of the American Civil Liberties Union. For the last six years, he has worked as a lobbyist primarily in the areas of immigration and refugee policy and human rights. He is the author of numerous articles on immigration policy and civil rights issues.
Also in this series
THE RIGHTS OF AUTHORS AND ARTISTS THE RIGHTS OF CRIME VICTIMS THE RIGHTS OF EMPLOYEES THE RIGHTS OF GAY PEOPLE THE RIGHTS OF OLDER PERSONS THE RIGHTS OF PATIENTS THE RIGHTS OF PRISONERS THE RIGHTS OF SINGLE PEOPLE THE RIGHTS OF STUDENTS THE RIGHTS OF TEACHERS THE RIGHTS OF WOMEN THE RIGHTS OF YOUNG PEOPLE YOUR RIGHT TO GOVERNMENT INFORMATION YOUR RIGHT TO PRIVACY
AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK
The Rights of Aliens and Refugees
THE BASIC ACLU GUIDE TO ALIEN AND REFUGEE RIGHTS
SECOND EDITION Completely Revised and Up-to-Date
David Carliner Lucas Guttentag Arthur C. Helton Wade J. Henderson
General Editor of the Handbook Series: Norman Dorsen, President, ACLU
SOUTHERN ILLINOIS UNIVERSITY PRESS CARBONDALE AND EDWARDSVILLE
Copyright 1990 by the American Civil Liberties Union All rights reserved Printed in the United States of America Edited by Teresa White Production supervised by Linda Jorgensen-Buhman
93 92 91 904 3 2 1
Library of Congress Cataloging-in-Publication Data
The rights of aliens and refugees: the basic ACLU guide to alien and refugee rights / David Carliner... [et al.].2d ed., completely rev. and up-to-date. p. cm.(An American Civil Liberties Union handbook) Rev. ed. of: The rights of aliens and refugees / David Carliner. 1977. Bibliography: p. 1. AliensUnited States. I. Carliner, David. II. Carliner, David. Rights of aliens and refugees. III. American Civil Liberties Union. IV. Series. KF4800.R54 1990 342.73'083dc20 [347.30283]89-11570 ISBN 0-8093-1598-XCIP
The paper used in this publication meets the minimum requirements of American Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.
Contents
Preface
vii
Acknowledgments
ix
Introduction
xi
I.
Aliens, Citizens, and Nationals
1
II.
The Immigration Reform and Control Act of 1986
8
III.
The Right to Refugee Protection
46
IV.
The Rights of Aliens to Enter the United States, and in Exclusion Proceedings
55
V.
The Right of Aliens to Remain in the United States
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