Showing 361–370 of 2202

• 7/24/2003

  Eligibility of Unlegitimated Children for Derivative Citizenship

  An alien child who was born out of wedlock and whose paternity has not been established by legitimation is eligible for derivative citizenship under section 320 of the Immigration and Naturalization Act at the time the child's mother becomes a naturalized citizen. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18966/download.

  7/24/2003

• 7/18/2003

  Interpretation of Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act

  Existing statutory provisions that prohibit or impose mandatory restrictions on the public release of information are not overridden by section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003, which requires the President to order federal agencies "to expeditiously declassify and release to the victims' families" information regarding the murders of certain Americans in El Salvador and Guatemala. Provisions that permit but do not require the government to withhold information are, however, overridden by section 586. It is permissible to interpret the scope of the information covered by section 586 to be limited to classified information. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18961/download.

  7/18/2003

• 7/3/2003

  VA's Authority to Fill Certain Prescriptions Written by Non-VA Physicians

  The Department of Veterans Affairs is authorized to fill prescriptions written by non-VA physicians for veterans placed on VA waiting lists. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18956/download.

  7/3/2003

• 6/12/2003

  Designation of Acting Director of the Office of Management and Budget

  The President's designation of an employee to act as Director of OMB under the Vacancies Reform Act, 5 U.S.C. §§ 3345—3349d, is itself the appointment of an inferior officer and satisfies the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, even if the employee had not earlier been an "Officer of the United States." The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18951/download.

  6/12/2003

• 5/23/2003

  Application of 18 U.S.C. § 603 to Contributions to the President's Re-Election Committee

  Civilian executive branch employees do not violate 18 U.S.C. § 603 by contributing to a President's authorized re-election campaign committee. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18946/download.

  5/23/2003

• 4/30/2003

  Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church

  The Establishment Clause does not bar the award of historic preservation grants to the Old North Church or to other active houses of worship that qualify for such assistance, and the section of the National Historic Preservation Act authorizing the provision of historic preservation assistance to religious properties listed on the National Register of Historic Places is constitutional. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18941/download.

  4/30/2003

• 4/17/2003

  Bond Proceeding of Undocumented Aliens Seeking to Enter the United States Illegally

  In determining whether to release on bond undocumented migrants who arrive in the United States by sea seeking to evade inspection, it is appropriate to consider national security interests implicated by the encouragement of further unlawful mass migrations and the release of undocumented alien migrants into the United States without adequate screening. In bond proceedings involving aliens seeking to enter the United States illegally, where the government offers evidence from sources in the Executive Branch with relevant expertise establishing that significant national security interests are implicated, immigration judges and the Board of Immigration Appeals shall consider such interests. Considering national security grounds applicable to a category of aliens in denying an unadmitted alien's request for release on bond does not violate any due process right to an individualized determination in bond proceedings under section 236(a) of the Immigration and Nationality Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18896/download.

  4/17/2003

• 3/24/2003

  Scope of the Attorney General's Authority to Assign Duties Under 21 U.S.C. § 878(a)(5)

  Under 21 U.S.C. § 878(a)(5), the Attorney General may authorize the Drug Enforcement Administration to investigate possible violations of federal law, even if those violations do not concern the narcotics laws. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18936/download.

  3/24/2003

• 3/14/2003

  Military Interrogation of Alien Unlawful Combatants Held Outside the United States

  This opinion, colloquially known as one of the "torture memos" and subsequently rescinded, considers whether military interrogation of alien "enemy combatants" is legal under domestic and international law. It concludes that neither the Fifth and Eighth Amendments or federal criminal laws apply to such military interrogations; in the unlikely case of criminal proseuction against the U.S. government, necessity or self-defense could provide justification for any criminal liability. Finally, the opinion finds that under customary international law and the U.N. Convention Against Torture, the U.S. government is only obliged to follow its domestic standards against torture and cruel punishment. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/docs/memo-combatantsoutsideunitedstates.pdf.

  3/14/2003

• 3/4/2003

  NLRB Quorum Requirements

  The National Labor Relations Board may issue decisions even when only two of its five seats are filled, if the Board, at a time when it has at least three members, delegates all its powers to a three-member group and the two remaining members are part of this group and both participate in the decisions. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18931/download.

  3/4/2003