Showing 1171–1180 of 2214

• 8/24/1981

  Status of Persons Who Emigrate for Economic Reasons Under the Refugee Act of 1980

  Under the Refugee Act of 1980, a "refugee" is defined as a victim of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; economic hardship by itself is not a basis for eligibility as a refugee under the Act. Refugee status under the Refugee Act of 1980 should normally be considered on an individual basis. While the Immigration and Naturalization Service may apply commonly known circumstances to people falling within particular groups without requiring the facts necessary to determine eligiblity to be proved individually in each and every case, group determinations should generally be reserved for situations in which the need to provide assistance is extremely urgent and political reasons preclude an individual determination of status. Fear of prosecution for departing a country in violation of its travel laws is not sufficient to entitle an individual to refugee status, unless it can be shown that such prosecution would be motivated by one o f the proscribed reasons. If the country treats departure as a political act and punishes that act in a harsh and oppressive manner, such circumstances would qualify as "persecution on account of . . . political opinion" under the 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/22746/download.

  8/24/1981

• 8/19/1981

  Application of § 501(e)(2)(B) of the Refugee Education Assistance Act of 1980 (the Act), to be codified at 8 U.S.C. § 1522, to Cubans who have received a final order of exclusion and deportation from the Immigration and Naturalization Service (INS).

  The document is a response to an inquiry regarding the application of § 501(e)(2)(B) of the Refugee Education Assistance Act of 1980 to Cubans who have received a final order of exclusion and deportation from the Immigration and Naturalization Service (INS). The conclusion reached in the document is that individuals who have received a final order of exclusion and deportation are not entitled to benefits under title V of the Act. The document presents the question of whether a Cuban who has been excluded pursuant to statute, 8 U.S.C. § 1226, is subject to a "final, nonappealable, and legally enforceable order of exclusion." It also raises the issue of whether the order is appealable and legally enforceable, and concludes that a final order of exclusion and deportation should be considered a "final, nonappealable, and legally enforceable order" under § 501(e)(2)(B).

  7/27/2020

• 8/18/1981

  Proposed trust agreement of Robert Strausz-Hupe

  The document is a response from the US Department of Justice to the Office of Government Ethics regarding a proposed trust agreement for the United States Ambassador to Turkey. The Department of Justice has reviewed the proposed trust instrument and schedule of assets and, based on their discussions with the Office of Government Ethics, they are satisfied that the trust conforms to the requirements of the Ethics in Government Act of 1978. The conclusion reached in the document is that the Department of Justice concurs with the Office of Government Ethics' intended certification of the trust as a "qualified diversified trust" under the Act. The questions presented for review include the approval of the trust agreement and accompanying schedule of assets, as well as seeking the Department of Justice's concurrence as required by the Act.

  7/27/2020

• 8/11/1981

  Iran-U.S. Claims Tribunal

  The document is a memorandum discussing the Iran-U.S. Claims Tribunal and the concerns expressed by U.S. officials, particularly those in the Department of Justice, regarding the negotiations to set up the Tribunal. The memorandum also includes a summary of a telephone conversation with Richard Mosk, one of the arbitrators selected by the United States for the Tribunal, who expressed his view that the arbitration process was likely to work successfully. The document raises questions about the negotiations and the possibility of concessions by U.S. negotiators not mandated by the hostage settlement agreements, as well as the need for U.S. negotiators to take maximum advantage of the strong American bargaining position prior to the transfer of funds to Iran. It also presents the possibility of arranging a meeting with Richard Mosk to get a first-hand view of the Tribunal's operations.

  7/27/2020

• 8/11/1981

  The President's Power to Remove Parole Commissioners

  The document discusses the President's power to remove members of the United States Parole Commission and concludes that the President has the authority to do so. It argues that the Commission's status as an independent agency within the Department of Justice does not limit the President's removal power. The document also highlights the Executive nature of the parole system and the purely Executive role of the Parole Commissioners. The questions presented for review include whether the President's power to remove the Commissioners is limited by Congressional intent and whether the Commission's independent status affects the President's removal power.

  10/27/2020

• 8/11/1981

  Proposed Interdiction of Haitian Flag Vessels

  Proposed executive agreement between the government of Haiti and the United States, by which the U.S. Coast Guard is to stop and board Haitian flag vessels on the high seas in order to prevent Haitians from entering the United States illegally, is authorized both by the U.S. immigration laws, and by the President's inherent constitutional power to protect the Nation and to conduct foreign relations. Authority for provision in proposed agreement with Haiti, by which the Coast Guard will detain Haitians emigrating in violation of Haitian law and return them to Haiti, derives from the President's statutory power to guard the borders against illegal entry of aliens, and from his inherent constitutional power in the field of foreign relations. 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/22731/download.

  8/11/1981

• 8/11/1981

  Restrictions on Canadian Ownership of Federal Mineral Leases Under the Mineral Leasing Act of 1920

  The provisions of 30 U.S.C. § 181, which bar ownership of leases under the Mineral Leasing Act of 1920 by citizens of a foreign country whenever the laws of that country deny "similar or like privileges" to U.S. citizens, reflect a reciprocity principle under which the United States would be able to respond in kind when another country restricts American investment in its minerals. Accordingly, the United States may take responsive steps "mirroring" Canadian restrictions on foreign investment in its mineral resources, so as to restore "similar or like privileges" between U.S. and Canadian citizens for purposes of § 181. 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/22736/download.

  8/11/1981

• 8/10/1981

  Immigration Proposals

  The document is a memorandum to the Attorney General regarding the constitutionality of certain immigration proposals. The proposals would exclude certain categories of foreign workers and illegal aliens from participating in the welfare system, based on the length and nature of their residence in the United States. The conclusion reached in the document is that these proposals do not offend the Constitution, as the federal government has broad discretion to make legitimate distinctions between citizens and non-citizens in the welfare context. The questions presented for review include whether the distinctions drawn by the Immigration Task Force would survive scrutiny under the Due Process Clause, and whether the exclusion from ordinary welfare programs based on the duration and character of affiliation with the United States is constitutionally valid.

  10/27/2020

• 8/5/1981

  Processing of Haitians during interdiction

  The document discusses the processing of Haitians during interdiction and whether they are entitled to any kind of hearing after being returned to their country of origin. It concludes that the issue is governed by the Convention and Protocol Relating to the Status of Refugees, which states that refugees cannot be returned to a place where their life or freedom would be threatened. The document presents the question of whether any particular plan for determining an alien's status would meet the obligations under the Convention, and suggests consulting the Department of State and the INS for guidance. It also clarifies that the provisions of the Immigration and Nationality Act dealing with exclusion and deportation are inapplicable in this situation.

  7/27/2020

• 8/4/1981

  Air Traffic Controllers Strike

  The document discusses the legal considerations governing the punishment of federal workers who have participated in a strike. It outlines the prohibition on striking by federal employees and the penalties for violating this provision. The conclusion reached is that the government has the authority to discharge an employee who participates in a strike, and the procedures for removal of civil servants should not apply to strikers. The document also presents questions regarding the rights of federal workers who strike and the procedural safeguards for their termination.

  10/27/2020