Immigration Detainers: Legal Issues

Immigration Detainers: Legal Issues

Date: April 24, 2014
Creator: Manuel, Kate M.
Description: This report provides background information regarding the Immigration and Naturalization Service rules and regulations and discusses the "immigration detainer," a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies that it seeks custody of individual aliens whom these agencies are detaining.
Contributing Partner: UNT Libraries Government Documents Department
The Buy American Act in Brief: Preferences for "Domestic" Supplies and Construction Materials in Federal Procurements

The Buy American Act in Brief: Preferences for "Domestic" Supplies and Construction Materials in Federal Procurements

Date: February 26, 2014
Creator: Manuel, Kate M.
Description: This report discusses the Buy American Act of 1933, which is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products.
Contributing Partner: UNT Libraries Government Documents Department
Aliens' Right to Counsel in Removal Proceedings: In Brief

Aliens' Right to Counsel in Removal Proceedings: In Brief

Date: June 20, 2014
Creator: Manuel, Kate M.
Description: This report provides an overview of the various legal authorities governing aliens' right to counsel--as that term is broadly understood--in removal proceedings.
Contributing Partner: UNT Libraries Government Documents Department
State and Local Restrictions on Employing Unauthorized Aliens

State and Local Restrictions on Employing Unauthorized Aliens

Date: May 16, 2013
Creator: Manuel, Kate M.
Description: This report discusses state and local restrictions upon employing unauthorized aliens in light of the May 26, 2011, decision by the Supreme Court in Chamber of Commerce of the United States of America v. Whiting.
Contributing Partner: UNT Libraries Government Documents Department
Legal Protections for Subcontractors on Federal Prime Contracts

Legal Protections for Subcontractors on Federal Prime Contracts

Date: January 27, 2014
Creator: Manuel, Kate M.
Description: This report provides an overview of the payment and other protections for subcontractors on certain federal prime contracts under the Miller Act, the 1988 amendments to the Prompt Payment Act, and the Small Business Act.
Contributing Partner: UNT Libraries Government Documents Department
Contract Types: An Overview of the Legal Requirements and Issues

Contract Types: An Overview of the Legal Requirements and Issues

Date: August 24, 2010
Creator: Manuel, Kate M.
Description: This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. Current congressional and public interest in contract types is, in part, an outgrowth of the reported increase in the use of cost-reimbursement contracts during the George W. Bush Administration and the Obama Administration's proposal to reduce by at least 10% the funds obligated by "high risk-contracting authorities," such as cost-reimbursement, time-and-materials, and labor-hour contracts, in FY2010.
Contributing Partner: UNT Libraries Government Documents Department
Debarment and Suspension of Government Contractors: An Overview of the Law Including Recently Enacted and Proposed Amendments

Debarment and Suspension of Government Contractors: An Overview of the Law Including Recently Enacted and Proposed Amendments

Date: August 16, 2010
Creator: Manuel, Kate M.
Description: As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Debarment and suspension are among the techniques that government agencies use to ensure that they contract with only "responsible" bidders or offerors because they allow the government to exclude contractors from receiving government contracts. This report focuses upon exclusions on procurement grounds.2 It surveys the authorities requiring or allowing federal agencies to debar or suspend contractors, due process and other protections for contractors, and recently enacted and proposed amendments to the laws governing debarment and suspension.
Contributing Partner: UNT Libraries Government Documents Department
Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Date: January 3, 2011
Creator: Manuel, Kate M.
Description: This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.
Contributing Partner: UNT Libraries Government Documents Department
The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

Date: November 24, 2014
Creator: Manuel, Kate M.
Description: On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to "fix" what he has repeatedly described as a "broken immigration system."1 Following the President's address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future.2 These actions generally involve either border security, the current unlawfully present population, or future legal immigration. This report provides the answers to key legal questions related to the various immigration-related actions announced by the Obama Administration.
Contributing Partner: UNT Libraries Government Documents Department
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Date: August 18, 2010
Creator: Manuel, Kate M.
Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: February 5, 2009
Creator: Manuel, Kate M.
Description: This report provides background on the Google Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement between Google and rights holders.
Contributing Partner: UNT Libraries Government Documents Department
Immigration Detainers: Legal Issues

Immigration Detainers: Legal Issues

Date: October 6, 2014
Creator: Manuel, Kate M.
Description: "This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration detainers; who has custody of aliens subject to detainers; and whether detainer practices violate aliens' constitutional rights. In considering these topics, it is important to note that Form I-247 and DHS's detainer practices have changed several times since 2010, and that decisions on the merits have not yet been issued in many cases challenging the use of detainers in conjunction with the Secure Communities program" (p. 6).
Contributing Partner: UNT Libraries Government Documents Department
Legal Protections for Subcontractors on Federal Prime Contracts

Legal Protections for Subcontractors on Federal Prime Contracts

Date: December 10, 2012
Creator: Manuel, Kate M.
Description: This report provides an overview of the payment and other protections for subcontractors on certain federal prime contracts under the Miller Act, the 1988 amendments to the Prompt Payment Act, and the Small Business Act.
Contributing Partner: UNT Libraries Government Documents Department
Unlawfully Present Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis

Unlawfully Present Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis

Date: July 21, 2014
Creator: Manuel, Kate M.
Description: This report surveys key legal issues pertaining to unlawfully present alien students' access to higher education, in-state tuition, and financial aid.
Contributing Partner: UNT Libraries Government Documents Department
Asylum and Gang Violence: Legal Overview

Asylum and Gang Violence: Legal Overview

Date: September 5, 2014
Creator: Manuel, Kate M.
Description: This report discusses the basis for asylum in International and U.S. Law. The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum.
Contributing Partner: UNT Libraries Government Documents Department
Contract Types: Legal Overview

Contract Types: Legal Overview

Date: December 29, 2014
Creator: Manuel, Kate M.
Description: This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. The types of contracts used by federal agencies have long been of interest to Congress and the executive branch, as they have sought to ensure that the most appropriate type of contract is used to acquire particular supplies or services.
Contributing Partner: UNT Libraries Government Documents Department
Definitions of "Inherently Governmental Function" in Federal Procurement Law and Guidance

Definitions of "Inherently Governmental Function" in Federal Procurement Law and Guidance

Date: December 23, 2014
Creator: Manuel, Kate M.
Description: This report surveys the definitions of inherently governmental function given in Policy Letter 11- 01, the FAIR Act, and other sources. It also notes specific functions that have been designated as inherently governmental or commercial by statute, regulation, policy, or Government Accountability Office (GAO) or judicial decision. Its primary focus is upon government-wide statutes, regulations, and policy documents, not agency-specific ones.
Contributing Partner: UNT Libraries Government Documents Department
State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

Date: December 31, 2014
Creator: Manuel, Kate M.
Description: This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA and the creation of a similar program for unlawfully present aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs). The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: May 5, 2010
Creator: Manuel, Kate M.
Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: November 27, 2009
Creator: Manuel, Kate M.
Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Contributing Partner: UNT Libraries Government Documents Department
The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

Date: May 18, 2010
Creator: Manuel, Kate M.
Description: While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens's conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in cases involving what Justice Kennedy and others have characterized as "horizontal" or "vertical" separation of powers.
Contributing Partner: UNT Libraries Government Documents Department
Competition in Federal Contracting: An Overview of the Legal Requirements

Competition in Federal Contracting: An Overview of the Legal Requirements

Date: January 21, 2010
Creator: Manuel, Kate M.
Description: This report describes the legal requirements pertaining to competition that presently apply to federal procurement contracts. Among other things, it discusses what contracts are subject to competition requirements; what constitutes full and open competition for government contracts; and what is meant by "full and open competition after exclusion of sources."
Contributing Partner: UNT Libraries Government Documents Department
Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Date: February 5, 2015
Creator: Manuel, Kate M.
Description: This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.
Contributing Partner: UNT Libraries Government Documents Department
Immigration Detainers: Legal Issues

Immigration Detainers: Legal Issues

Date: May 7, 2015
Creator: Manuel, Kate M.
Description: An "immigration detainer" is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers.
Contributing Partner: UNT Libraries Government Documents Department
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