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Farm Product "Check-Off" Programs: A Constitutional Analysis

Description: This report begins with a brief introduction to check-off programs and then describes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs.
Date: June 21, 2005
Creator: Vina, Stephen R
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security and Military Support: Legal Authorizations and Restrictions

Description: The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in violence and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. President Bush has reportedly announced an interest in sending National Guard troops to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.
Date: May 15, 2006
Creator: Vina, Stephen R
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security and Military Support: Legal Authorizations and Restrictions

Description: The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in violence and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. President Bush has reportedly announced an interest in sending National Guard troops to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised.
Date: May 23, 2006
Creator: Vina, Stephen R
Item Type: Report
Partner: UNT Libraries Government Documents Department

Harvey v. Veneman

Description: No Description Available.
Date: November 8, 2005
Creator: Viña, Stephen R
Item Type: Report
Partner: UNT Libraries Government Documents Department

Harvey v. Veneman and the National Organic Program: A Legal Analysis

Description: The First Circuit’s ruling in Harvey v. Veneman brought much attention and uncertainty to the U.S. Department of Agriculture’s National Organic Program. In the case, Harvey alleged that multiple provisions of the National Organic Program Final Rule (Final Rule) were inconsistent with the Organic Foods Production Act of 1990 (OFPA). The First Circuit sided with Harvey on three counts, putting into question the use of synthetics and commercially unavailable organic agricultural products, as well as certain feeding practices for dairy herds converting to organic production. On remand, the district court ordered a two-year time frame for the implementation and enforcement of new rules consistent with the ruling; however, in the FY2006 agriculture appropriations act (P.L. 109 97), Congress amended the OFPA to address the holdings of the case. This report describes the OFPA, discusses those holdings where the court determined that a provision of the Final Rule was inconsistent with the OFPA and analyzes the most recent legislative action.
Date: November 18, 2005
Creator: Vina, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Fences Along the U.S. International Border

Description: This report outlines the issues involved with the U.S. Department of Homeland Security's (DHS's) completion of the San Diego border fence and highlights some of the major legislative and administrative developments regarding the construction of new border fences.
Date: January 11, 2006
Creator: Nuñez-Neto, Blas & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program

Description: This report provides a summary of the statutory history of the automated entry and exit data system, which was renamed the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program by the Bush Administration. It also discusses other laws that affect the implementation of the system and provides an analysis of the documentary requirements under current law. The report also discusses efforts to implement the program and selected issues associated with its development and implementation.
Date: January 26, 2006
Creator: Seghetti, Lisa M. & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Barriers Along the U.S. International Border

Description: Congress has been considering expanding the barriers currently deployed along the U.S. international land border. Currently, the United States Border Patrol (USBP) deploys fencing, which aims to impede the illegal entry of individuals, and vehicle barriers, which aim to impede the illegal entry of vehicles (but not individuals) along the border. A number of policy issues concerning border barriers generally and fencing specifically may be of interest to Congress, including, but not limited to: their effectiveness; their costs versus their benefits; their location; their design; and their potential diplomatic ramifications. Prominent bills include House-passed H.R. 4437 and H.R. 6061, and Senate-passed S. 2611, and H.R. 5631.
Date: September 21, 2006
Creator: Nuñez-Neto, Blas & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Fences Along the U.S. International Border

Description: This report outlines the issues involved with the Department of Homeland Security’s (DHS’s) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California has delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Current authorization for the fence only allows the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 108th Congress, a variety of proposals were introduced that would have allowed the department to waive a number of other environmental, conservation, and cultural laws and requirements to varying degrees. Similar proposals are likely to surface again during the 109th Congress.
Date: January 13, 2005
Creator: Nuñez-Neto, Blas & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Fences Along the U.S. International Border

Description: This report outlines the issues involved with the Department of Homeland Security's (DHS's) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Former authorization for the fence only allowed the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 109th Congress, provisions to facilitate the completion of the border fence were included in the REAL ID Act of 2005 (H.R. 41 8), which was subsequently added to H.R. 1268, the Emergency Supplemental Appropriations Act, and signed into law on May 1 1,2005 (P.L. 109-13). The border fence provisions allow the Secretary of DHS to waive all legal requirements determined necessary to ensure expeditious construction of authorized barriers and roads.
Date: November 28, 2005
Creator: Nuñez-Neto, Blas & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: August 14, 2006
Creator: Seghetti, Lisa M.; Vina, Stephen R. & Ester, Karma
Item Type: Report
Partner: UNT Libraries Government Documents Department

Civilian Patrols Along the Border: Legal and Policy Issues

Description: This report opens with a discussion on the federal authority to enforce immigration law at the border and some U.S. Border Patrol operations that have affected illegal migration patterns along the southwest border. Next, the report provides a history of civilian border patrol groups, with a particular focus on the “Minuteman Project” and other groups operating along the southwest border. It then highlights issues of authority that might arise, and includes, as an appendix, a table that sets forth various state laws that may be useful to civilians performing immigration-related enforcement activities. The report also addresses some of the legal and policy issues, as mentioned above, that have surfaced from civilian involvement in immigration enforcement at the border. The report concludes with summaries of legislation introduced in the 109th Congress that address the use of civilian border patrols.
Date: April 7, 2006
Creator: Vina, Stephen R.; Nuñez-Neto, Blas & Weir, Alyssa Bartlett
Item Type: Report
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: May 4, 2006
Creator: Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma
Item Type: Report
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: March 11, 2004
Creator: Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma
Item Type: Report
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: May 4, 2006
Creator: Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Apprehensions of “Other Than Mexican”Aliens

Description: As the United States Border Patrol (USBP) discharges its mission it encounters unauthorized aliens from around the world attempting to illegally enter the United States. In fiscal year (FY) 2004, USBP agents apprehended 1.16 million people attempting to enter the country illegally between official POE; 93% of these aliens were Mexican nationals. Because the vast majority of people apprehended each year by the USBP are Mexican nationals, the agency categorizes aliens as Mexicans or Other Than Mexicans (OTM). Over the past three years, OTM apprehensions have more than tripled nationwide and have been concentrated along the South Texas border. The reasons for this dramatic increase, and its geographical concentration in Texas, are not altogether clear.
Date: September 22, 2005
Creator: Nuñez-Neto, Blas; Siskin, Alison & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Border Security: Inspections Practices, Policies, and Issues

Description: Some argue that this reorganization of border inspections has been long needed and is resulting in a more streamlined and efficient set of procedures at the border with a clear, single, chain of command. Others warn that the different types of inspections are quite complex in their own right and that the reorganization is exacerbating the conflicting priorities at the border, ultimately resulting in many more people and goods being sent to secondary inspections. This report, discusses a range of legal, administrative, and policy issues that are emerging with the implementation of the unified border inspections.
Date: October 13, 2004
Creator: Wasem, Ruth Ellen; Lake, Jennifer E.; Seghetti, Lisa M.; Monke, James & Viña, Stephen R.
Item Type: Report
Partner: UNT Libraries Government Documents Department