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Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment

Description: This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address inte… more
Date: June 29, 2009
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
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Statutory Interpretation: General Principles and Recent Trends

Description: The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
Date: August 31, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
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Female Genital Mutilation as Persecution: When Can It Constitute a Basis for Asylum and Withholding of Removal?

Description: This report first explores the basic statutory and regulatory framework that governs refugee law. This entails an outline of the requirements an applicant must meet in order to qualify as a refugee, a discussion about the differences between the two main forms of relief for aliens facing removal from the United States, asylum and withholding of removal, and an examination of several important issues and controversies concerning this particular area of refugee law.
Date: July 22, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
open access

Female Genital Mutilation as Persecution: When Can It Constitute a Basis for Asylum and Withholding of Removal?

Description: This report explores the basic statutory and regulatory framework that governs asylum law. This entails an outline of the requirements an applicant must meet in order to obtain relief under asylum law and a discussion about the differences between the two main forms of relief for aliens facing removal from the United States: asylum and withholding of removal. It will then examine several important issues and controversies concerning female genital mutilation (FGM) and its effect on asylum law.
Date: October 10, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
open access

Protecting the U.S. Perimeter: "Border Searches" Under the Fourth Amendment

Description: This report addresses the scope of the government's authority to search and seize individuals at the border pursuant to the constitutional framework that encompasses the border search exception to the warrant and probable cause requirements of the Fourth Amendment. This report also describes the varying levels of suspicion generally associated with each type of border search as interpreted by the courts. In addition, this report highlights some of the border security recommendations made by the… more
Date: June 27, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
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Federal Income Taxation of Indian Tribes and Members

Description: This report provides an overview of federal taxation of Indian tribes and individual tribal members. While the income of Indian tribes may be exempt from tax, Indian tribes are generally still subject to withholding and employment tax obligations.
Date: October 26, 2007
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
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Border Searches of Laptop Computers and Other Electronic Storage Devices

Description: This report discusses a developing issue in the law of search and seizure: whether the Fourth Amendment of the U.S. Constitution permits warrantless searches of the content of laptop computers and other electronic storage devices at U.S. borders. The federal courts that have addressed this issue have held that the border search exception to the Fourth Amendment applies to these searches, making warrantless searches permissible.
Date: July 28, 2009
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department
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Child Custody Proceedings Under The Indian Child Welfare Act (ICWA): An Overview

Description: This report discusses how in 1978 Congress enacted the Indian Child Welfare act (ICWA) in response to legislative findings of harm caused to Indian children, their families, and tribes by the high separation rate of Indian Children from their homes and cultural environments.
Date: December 3, 2008
Creator: Murphy, M. Maureen & Kim, Yule
Partner: UNT Libraries Government Documents Department
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Immigration Consequences of Criminal Activity

Description: This report discusses the potential immigration consequences of criminal activity. "Criminal activity" generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime.
Date: June 2, 2008
Creator: Kim, Yule & Garcia, Michael John
Partner: UNT Libraries Government Documents Department
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Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

Description: This report discusses the primary civil, criminal, and immigration-related penalties associated with immigration-related document fraud. In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA).
Date: January 23, 2009
Creator: Kim, Yule & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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