DOCSLIB.ORG

HOUSE of REPRESENTATIVES-Monday, January 3, 1983

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
HOUSE of REPRESENTATIVES-Monday, January 3, 1983 January 3, 1983 CONGRESSIONAL RECORD-HOUSE 29 HOUSE OF REPRESENTATIVES-Monday, January 3, 1983 This being the day fixed by the 20th voting card may do so now in the INDIANA amendment of the Constitution of the Speaker's lobby. Hall Sharp Hillis United States for the annual meeting The call was taken by electronic Hamilton Burton Myers Jacobs Coats of the Congress of the United States, device, and the following Representa­ McCloskey Hiler the Members-elect of the 98th Con­ tives-elect responded to their names: gress met in their Hall, and, at 12 [Roll No. ll IOWA o'clock noon, were called to order by Bedell Smith Leach ALABAMA the Sergeant at Arms of the House of Harkin Evans Tauke Bevill Nichols Edwards Representatives, Hon. Benjamin J. Erdreich Shelby KANSAS Guthrie. Flippo Dickinson Glickman Roberts Winn The Chaplain, Rev. James David Slattery Whittaker Ford, D.D., offered the following ALASKA prayer: Young KENTUCKY Hubbard Perkins Snyder Gracious God, we implore Your ARIZONA Mazzoli Hopkins blessing upon this assembly and upon McNulty McCain Stump Natcher Rogers all for whom the authority of govern­ Udall Rudd ment is given. We pray that Your LOUISIANA ARKANSAS Boggs Long Livingston spirit of reconciliation and peace, of Alexander Bethune Breaux Roemer Moore good will and understanding will pre­ Anthony Hammerschmidt Huckaby Tauzin vail in our hearts and in our lives. En­ courage us, 0 God, to use our abilities CALIFORNIA MAINE and talents in ways that bring right­ Anderson Lantos Dannemeyer McKernan Snowe Bates Lehman Dreier eousness to this Nation and to all the Beilenson Levine Fiedler MARYLAND people. Ever remind us of the needs of Berman Martinez Hunter Barnes Hoyer Mitchell the poor, the homeless or forgotten, Bosco Matsui Lagomarsino Byron Long Holt Boxer Miller Lewis Dyson Mikulski those who live without freedom or lib­ Brown Mineta Lowery erty, that we will be instruments of Burton Panetta Lungren MASSACHUSETTS justice for all citizens and ease the Coelho Patterson McCandless Boland Markey Shannon hurt of every person. May Your spirit Dellums Roybal Moorhead Donnelly Mavroules Studds live with us each day and may Your Dixon Stark Packard Early Moakley Conte Dymally Torres Pashayan Frank O 'Neill grace surround us and those we love Edwards Waxman Shumway that in all things we may be the Fazio Badham Thomas li!ICHIGAN Hawkins Chapple Zschau people You would have us be and Albosta Ford Broomfield serve this Nation as we ought to serve. COLORADO Bonior Hertel Davis In Your name, we pray. Amen. Carr Kildee Pursell Kogovsek Wirth Kramer Conyers Levin Sawyer The SERGEANT AT ARMs. Representa­ Schroeder Brown Crockett Traxler Siljander tives-elect to the 98th Congress, this Dingell Wolpe VanderJagt being the day fixed by the 20th CONNECTICUT Gejdenson Morrison Johnson MINNESOTA amendment of the Constitution for Kennelly Ratchford McKinney the meeting of the 98th Congress, the Oberstar Sikorski Stangeland DELAWARE Penny Vento Weber Clerk of the 97th Congress has pre­ Sabo Frenzel pared the official roll of the Repre­ Carper li!ISSISSIPPI sentatives-elect. Pursuant to 2 U.S.C. FLORIDA 26, the Sergeant at Arms of the 97th Dowdy Whitten Lott Bennett Lehman Lewis Montgomery Franklin Congress will make the following an­ Chappell MacKay Mack nouncement: Fascell Mica McCollum MISSOURI Certificates of election covering the Fuqua Nelson Shaw Clay Volkmer Coleman 435 seats in the 98th Congress have Gibbons Pepper Young Gephardt Wheat Emerson Hutto Smith Skelton Young Taylor been received by the Clerk of the Ireland Bilirakls House of Representatives, and the MONTANA GEORGIA names of those persons whose creden­ Williams Marlenee tials show that they were regularly Barnard Levitas Thomas Fowler McDonald Gingrich NEBRASKA elected as Representatives in accord­ Hatcher Ray ance with the laws of their respective Jenkins Rowland Bereuter Daub Smith States and of the United States will be HAWAII NEVADA called. Reid Vucanovich Without objection, the Representa­ Akaka Heftel tives-elect will record their presence IDAHO NEW HAMPSHIRE by electronic device, and their names Craig Hansen D'Amours Gregg will be reported in alphabetical order NEW JERSEY by States, beginning with the State of ILLINOIS Annunzio Savage Hyde Dwyer Minish Forsythe Alabama, to determine whether a Collins Simon Madigan Florio Rodino Rinaldo quorum is present. Durbin Washington Martin Guarini Roe Roukema There was no objection. Evans Yates Michel Howard Torricelli Smith Lipinski Corcoran O'Brien Hughes Courter The SERGEANT AT ARMS. The Chair Price Crane, Daniel Porter would like to state that any Member­ Rostenkowski Crane, Philip NEW MEXICO elect who has not received his or her Russo Erlenborn Richardson Lujan Skeen 0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Boldface type indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. ~~111113 IRI'WI~ 'JiMIJI!Il''IMIRIDIG\\ [] nDD ~I «aUman ~ 'lllllre StiBCHJMII[ Am' ./A\am&l. 'lllllre JBimmma._ ~I ~ \Wiae ~ Ilinttbm liDe '1flamwr.w5 p_ OllilmDI.. ~ :a ~ ~ J&mw \1IM&i:tlilii&i ~ 1firtmn ttJIIre CJDillilii§ID>­ ~~ 1ltfttlt. ~ :fttmii ~ cDf • efllui'lfHIU~ mDl tt111re ~ Nllatt.Ui:n :i51Wlmltii 1B:D1lb lRillll§l!lsii!De liiii!JIIIJIDI' 111[.11!1fm:ppnJ :a :JIII!p- ~ ~ ~ llinii&ft!lheu !1011 Wbl~ lllbllinmli ~ 1lirtmn ttlllre staibe cDf mm- lllnltttlfttt! ~lmnnn ~ 1111iiii. ~ 1mlml ]ldbmmtl iin mcgmjjwMiiiomt ~ \Wnd~ ~ Ante ttlbmte aamr :ftimttBum !11pmjjag4! jigansW ~le JJ'fi.'ih [] llZl!i 'll1IDmte lD!iiQg 101> :ftimttBum !IMDmjjwg41iigan'*i ttlllre SeiiiJMdl at A\mmi; \dll !1\Pil''liim-1 ttem­ ItUmllW~ (f!ISi. ~ \Wtttl~ 'mie Stu;; •41 at A\mmi; &Vfllllib-!a; ttlllre ~I ~lll ~ Nllattli:n IIJHPfDmmm ffinmn 0!1Hhmrija (<1111fii:. ~ W.Slmtliru! li!JIJJH))~, ttiDe IIJHiifDmmm ffinmn Min•lflll•";a (<lll1fii:. ~~, ttJ0e ~IIIIQIII :fliltmn ItUmllW~ ~ BBW"'1DBIJII: tCJd}nmritD (~. St liifi§H!IHIB)l, ami ttiDe ~ :iHf!lBGillr.4\1WI(' Am' A\BDifB) ~ffinmn~(~ <nm:J) :JIIilmO). 'lilbe ~ ltm ~- 'lilbe Sm­ ~ 'lilbe ttamms; \WDl «<IJJIle :flm\\l\alltil. ami n.me. gmaDt ait A1mm; w.till ~ ttlblit t1lbe «mB­ ~!Rfttlit}g ~ lllmi1i; 1li1tDDt <11[ <:dmff!jl& ane <1111 1fiDe sfuiJ.WiQg t1lbe tBHID­ t1aile 1tlleiir ait ttiDe cBmllt iin ~ Ndlllftr ttiDeSID••••4lam'$ mmttmmn. ~iru! ~~ ttiiml <11[ t1lbe lBhnrnwtillP 11BmlD1tsiRR (OJm.­ \WDl mnw ami ~~ lRf~UllP. llMJm lBS Jftmiitimft CCJmmrijRAimmr ffinmn 'lilbe mDil 1e <DiillBit. Jl!ia:lblh \Wl11~ t1llmJie il!f9VIIIIIiljqg ttm 1tlleiir IIJiliiB$ \WDJ. ttlbe ~ <D[JPmmttm 1IUm> 1ior Jl!i~ ~lie jjnflimiie ~ fAlJJTIRIIDP ttiDe IIJIIII'iiom> <11[ aJ. ttHmm <11[ 4l ~ lbtafunjiQg ~ 3\, ~ 1l9mll;; ttlbe ffl)mffijvn <11[ t1lbe 1Rillllltcdlil)p tllhmr aftniine. 'lilbe mmriliQg a:Dmlk. w.till mnw <mill 1fibe ~ \W'AmDBR 11C.1fJaJ:BwiRJDw lBS ~ ffinmn mDIJ.. ~ ttlbe 1Dli81nfmt cJif Cllfhmfti.; t1lbe flfimttjjvn 'lilbe ttamms; 1bmfiQg tdmn tllhmr <Jl8ICrultl <11[ ttlbe lBitnriXNftlle Aliwmtu:i> 1lllmam \Wml ~. 1fibe 1BiluBie lllhlltRfriilfliJ ttm ~ 1PMir lBS ~ 1tiJlmn ~; ttlbe tBHID­ ~ 1ior ttiDe «lllDiine <11[ 1fibe.. Jlmr. Sintttil . ~ ttiiml cJif ttlbe 1Billiii'N81le 1Bmr lDE :n.mm> lBS ~ ~ 1tiJlmn t1lbe WiiiiiUn ~;ami [] n:mm ttlbe fffimttljvn cJif t1Jbe JBiQIIInaftlle JNmw U. ~ ~lit]g 'lilbe 1idJlmQiQg iii; t1lbe memilt <11[ t1lbe 1F.. llb:IR:t4\ lBS ~ ffinmn Alllfi!litant ~ ~ Mttle: lill.wtlbP. 16~ l!iamJm. Wlabmtl 16~ 1Dbe &ttllffi&dl. at A1mm; ~tim am- ~ IJilltullM! 1lllll.Dltle JBifllrtnaAUe <Cll~ ~ ttlbe c:ilmitlh cJif ttiDe ~lin \Wdllmr JT.t«CZ 8.wmaaaL (Jli).Jl)}mifttd\U11 ~. ~. :a A'dHiiWlo> <tlmumr ClibBmm ~ :mmdlmr..«fimtt ffiRom ttlbe (ft1lD IIlliBtrrimt <11[ Al1ildka ~ <lib~~.¥ CCldlomribl. A1llmiU.a <tJ:mdlutlt <lauBiiilii ltRlJlJJf! 1I:ftLt1RJ) 4tmmmHm" IIDBiiidl 111dll(«J''l)) ~illftr AIUtthmmn IDl&mWle 1lldll(CDJII)) A1m:Hmwi;<GIIO) dlellP.<mlmza Jlldll,lBdbfu ~~ A1m:Hmwl;(<mE)) JDllllJ.utm; Jlldll,Sam Amum:ifu> Jlllmulidit liiBnillDm 'l!Mlbm ~ 'lllbe &iBQfliWll' ltm ..A\alll&. 'mie Jllellt 4ld:t1llmQ.v I1DidlB; 1lllllr.ne ~ll ~ iJwaiinlf¥ iii; <Dnfier cJtf ttlllre dmffiilm cDf ttlllre Aluul~ Ill1i:I&BW liiBlll!iin ~~ ~ cJtf ttlllle :JIIbuHle cJtf B&qpntfiilftDtai,­ .-un 1DlRmn lBamliBJm .A14lliill JmJmm!l5' 1liBldbftr ~le tttmm;~~atBn~~- JliaWI!iiiB; ]$bmwmmltiroma; Jmii.W lllll lBa!mRiil 1lnmiBim ane t1llU1lal:. 1ISai!Jml; ZUlU Illm\ldW 1BiHbmr 'lllbe Sut;at:aaUt at Amllli Jnfltt§pijwjt; ttlllre ~ ~ 1llimt8ll lPmttd " ~ 11'mD1111Llll•oiWP.mw «llllir~ I.GIIm)l. 1lbdk1ll :JJlWIWin lBilftttrrmwr ~ llkitlmJBJm Jlr!r~ 1L0J11JG crAf J.oD'ibi@mQI Jlflr:. Sm­ ~ 1lliDMml ~ 1IBmxmtltt ~ llli:qmr ~ &t Amlm;, Qajit N+Qiijil ttlllre a crAf 1BmDmm ~ lllbWDaDil ~ DtmiSMf»:alliie ~.I :1111111 ~ 1D.w 1lt6Mlll 1lllmUiv lllimllla8!lf 1100\.~ 1lliDie .. ~ - 1tllmldt CCIIIIIIml5 tta» 1llil&i 1llh:lll:artt Jllb8!!bet; :lllilmne :IIBJll!ll9; ~ BlbittiiJl Jitileililell4 far 'fi!ft1tikoll!l 1tG 1tlllle ~ Glf 1lbillmil :JIIlibtamiB; (<C'A\)) lrlnfDiadl Ziaaml·~ 1lliDie Spel1lrer - 1lliDie lldiJulrlle - Bqln­ :JIIbmar :JII)qllidil JiBmiD> 1W:dl ~ crAf 1lliDie ~ CUu:ettta 1tbe 1BlmiiJJr ~ .nmilliim; ~ DlllliDie of 1tliDe lltalmslnBiile 'nllullltas p_ 1llbl:diler 1mlaaB; (<lDrJ) Jblms<<IIAIC» ~ 1llmllllii 1PlllmlfDl Jblms((OJI[)) ~ ~h....-~ 1llliBmJ) ftj8ftam Jblms((](]lj)) ~ fnml 1lliDie QMIMMfH+@innalJttln af ...... 1llbwDimr lflmmBnl> IaiadtiDr tdhnlltlf1! Us liiPIIIJDII!Iil ~ ll[aWI!ttnmdiffl 1J1lJlllllt 1llbar EbJi:lil> Ialllml 'TliDe &-nlft' JJIJf Amls. TIDe Sa-­ 1llnflaJlz ~ ~ ~ ~ d AlmiiLt; ~ lft\ICHUi"ri 1tbe ID!D-' Bllillt
Load more

Recommended publications
  • An Alien Minor's Ability to Seek Asylum in the United States Against Parental Wishes
    Loyola of Los Angeles International and Comparative Law Review Volume 9 Number 1 Article 7 9-1-1986 An Alien Minor's Ability to Seek Asylum in the United States against Parental Wishes Kay S. Solomon Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Kay S. Solomon, An Alien Minor's Ability to Seek Asylum in the United States against Parental Wishes, 9 Loy. L.A. Int'l & Comp. L. Rev. 169 (1986). Available at: https://digitalcommons.lmu.edu/ilr/vol9/iss1/7 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. An Alien Minor's Ability To Seek Asylum In The United States Against Parental Wishes Give me your tired, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore; Send these, the homeless, tempest-toast to me, I lift my lamp beside the golden doorl 1 I. INTRODUCTION In July, 1980, the Immigration and Naturalization Service (INS) decided to grant United States asylum to Walter Polovchak pursuant to the 1980 Refugee Act.2 Five years later, on July 17, 1985, the Dis- trict Court of Illinois declared this grant of asylum void on the ground that the INS's asylum procedure, under which Walter had obtained his grant of asylum, had violated his parents' rights to due process under the fourteenth amendment of the United States Constitution.
    [Show full text]
  • The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars Bruce A
    Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2000 The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars Bruce A. Boyer Loyola University Chicago, School of Law, [email protected] Steven Lubet Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Family Law Commons, and the Juvenile Law Commons Recommended Citation Boyer, Bruce A, and Lubet, Steven, The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars, 45 Vill. L. Rev. 245 (2000) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. 2000] Article THE KIDNAPPING OF EDGARDO MORTARA: CONTEMPORARY LESSONS IN THE CHILD WELFARE WARS BRUCE A. BOYER* STEVEN LUBET** I. INTRODUCTION IN recent years, with increasing regularity, legal scholars and other com- mentators have called for changes in the legal systems and rules that govern child welfare.' Much of this discourse has been driven by a series of wrenching custody cases, in which judges have been called upon to bal- ance the claims of biological parents against those of third parties who have established durable attachments with children in their care. Under- standably, public opinion almost invariably supports the "de facto" or "psy- chological" parents, on the ground that it would do enormous harm to remove young children from a nurturing home. At the same time, claims of birth parents tend to be discounted as rigid formalities-mere proce- dural rights of adults that should not be allowed to interfere with the obvi- ous and unarguable interests of the children.
    [Show full text]
  • The Ukrainian Weekly 1980, No.38
    www.ukrweekly.com mro І л-–j, : at я– -^w СВОБОДА J^SVOBODA j o^агяc– Ж УКРАЇНСЬКИЙ ЩОДІННИК ^ЯШ^ UKSAIMIASDAIIV і | -і а -x `nt і 'o` eo- О as' 44 UkroinianWeekENGLISH-LANGUAGE WEEKLY EDITION l V VOL. LXXXVU. No. 16. THE UKRAINIAN WEEKLY SUNDAY, SEPTEMBER 14,1980 25 CENTS Ymses address jubilee convocationOrganizatio n for of Ukraine of Evangelical Baptist Convention holds 35th convention in Lehighton countries for their religious beliefs in LEHIGHTON, Pa. - The Organi­ addresses delivered at the 35th jubilee zation for the Rebirth of Ukraine held meeting of the Ukrainian Evangelical its 35th convention during the Labor Baptist Convention in the United Day weekend, August 30 through States. September 1, at the Ukrainian Home­ The convention was held at the stead here, and convention delegates Ukrainian Baptist Church in Chicago elected Dr. Bohdan Shebunchak presi­ on Augus' 29 through September 1. dent of the organization. Pastor Georgi Vins, secretary abroad The Ukrainian Gold Cross, the Uk­ for the Council of Evangelical Baptist rainian Liberation Fund, the "Zarevo" Churches of the USSR, told convention academic organization, the Youth of delegates that Christians of the free Ukrainian Nationality (MUN), and the world must appeal for an end to Soviet Association of Veterans of the Ukrainian repression of the faithful to govern­ Resistance — groups affiliated with the ments throughout the world, including Organization for the Rebirth of Uk­ that of the USSR. О raine (ODVU) — also held meetings The Baptist leader's mother Lydia during the holiday weekend. addressed members of Ukrainian Bap­ tist sisterhoods; iris daughter Zhenia Dr.
    [Show full text]
  • Special Problems of Custody for Unaccompanied Refugee Children in the United States
    Michigan Journal of International Law Volume 3 Issue 1 1982 Special Problems of Custody for Unaccompanied Refugee Children in the United States Ellen J. Durkee University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Human Rights Law Commons, Immigration Law Commons, Juvenile Law Commons, and the Legislation Commons Recommended Citation Ellen J. Durkee, Special Problems of Custody for Unaccompanied Refugee Children in the United States, 3 MICH. J. INT'L L. 197 (1982). Available at: https://repository.law.umich.edu/mjil/vol3/iss1/10 This Note is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Special Problems of Custody for Unaccompanied Refugee Children in the United States Ellen J. Durkee* The law presumes that children are incomplete beings during the whole period of their development. It views children as needing direct, intimate, and continuous care by adults. I Children's inability to maintain life with- out extraneous aid justifies their assignment to their biological parents, or, where this natural relationship fails, to parental substitutes designated by 2 In theory, some person or institution is always in court proceedings. 4 custody of a child. 3 But in the case of unaccompanied refugee children, "the minors fall into the no man's land between U.S.
    [Show full text]
  • The Ukrainian Weekly 1985
    G U D DIVISION OF PERIODICALS LIBRARY OF CONGRESS UAfiHTNRTON ПГ OHSv–. Published by tht Ukrainian National Association inc.. a fraternal non-profit association! inian Weekly 4—voL un No. 44 THE UKRAINIAN WEEKLY SUNDAY, NOVEMBER З, 1985 25 centi vandals destroy Ukrainian sailor returned to Soviet custody Ukrainian monument JERSEY C1TY, N.J. - A Ukrainian wishes," the State Department said. Coast Guard cutter vigilant while the crew member of a Soviet freighter who The case, though considered closed two ships were anchored together for in Jerusalem last week twice jumped into the by the State Department, has the talks about violations of fishing Mississippi River to escape from his Ukrainian and Baltic communities in agreements. The Coast Guard allowed JERUSALEM - A monument to ship, will return to the Soviet Union of the United States up in arms over the Soviet crewmen to come aboard, where the Ukrainian and Jewish victims of the his own free will, the U.S. Department handling of the case. (See story below.) they beat up Mr. Kudirka and forcibly Nazi Holocaust and to those who of State said on Tuesday, October 29. Many observers noted that it was removed him from the ship. perished in the Soviet-orchestrated Myroslav Medvid, described as being reminiscent of the Simas Kudirka The seaman was subsequently Great Famine of 1932-33 was destroyed in his early 20s, was interviewed by U.S. incident in 1970, when the Lithuanian sentenced to 10 years in prison for" here by a group of vandals led by the officials who sought to ascertain sailor jumped ship off Martha's treason.
    [Show full text]
  • How Are You Going to Keep Them Down on the (Collective) Farm After They've Seen Chicago - a Minor's Right to Political Asylum Against His Parents' Wishes Michael G
    College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1983 How Are You Going to Keep Them down on the (Collective) Farm after They've Seen Chicago - A Minor's Right to Political Asylum against His Parents' Wishes Michael G. Hillinger Repository Citation Hillinger, Michael G., "How Are You Going to Keep Them down on the (Collective) Farm after They've Seen Chicago - A Minor's Right to Political Asylum against His Parents' Wishes" (1983). Faculty Publications. 1055. https://scholarship.law.wm.edu/facpubs/1055 Copyright c 1983 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs How Are You Going to Keep Them Down on the (Collective) Farm After They've Seen Chicago?­ A Minor's Right to Political Asylum Against His Parents' Wishes MICHAEL 0. HILLINGER * INTRODUCTION On July 30, 1980, an all-too-common drama played itself out in a Chicago juvenile courtroom.• Judge Mooney decided the case of a twelve-year-old boy who had run away from home because he objected to his parents' decision to move out of state. Judge Mooney heard testimony from the boy, his older sister (with whom he had run away), his parents and several psychiatrists. On August 4, Judge Mooney announced his decision: he found the boy's running away sufficient to support a finding that he was beyond his parents' con­ trol. The judge therefore declared the boy to be a minor in need of supervision (MINS) 2 and made him a ward of the court.
    [Show full text]
  • Doing Better for Child Migrants
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Global Studies Law Review Volume 17 Issue 3 2018 Doing Better for Child Migrants Susan Frelich Appleton Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Family Law Commons, Immigration Law Commons, International Humanitarian Law Commons, and the International Law Commons Recommended Citation Susan Frelich Appleton, Doing Better for Child Migrants, 17 WASH. U. GLOBAL STUD. L. REV. 615 (2018), https://openscholarship.wustl.edu/law_globalstudies/vol17/iss3/6 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. DOING BETTER FOR CHILD MIGRANTS SUSAN FRELICH APPLETON* Professor Ann Laquer Estin’s Child Migrants and Child Welfare: Toward a Best Interests Approach1 makes several important contributions to our understanding of the complicated legal questions posed by a timely and too often tragic phenomenon: large numbers of unaccompanied child migrants, including many coming into the United States. Estin helpfully disentangles and explores the welter of possibly applicable laws, from U.S. constitutional provisions to international human rights laws, federal immigration laws, and state family laws.2 Her careful analysis also exposes significant gaps, pointing out how some issues fall between relevant bodies of law.3 Although each of the sources of law canvassed in the article is animated by its own set of values and assumptions, Estin’s bottom line is that “we can and should do better”4 for the children in question.
    [Show full text]
  • The Ukrainian Weekly 1984, No.35
    www.ukrweekly.com Published by thfl Ukrainian National Association Inc.. a fraternal non-profit association| rainlan WeeHv Vol. Lll No. 35 THE UKRAINIAN WEEKLY SUNDAY, AUGUST 26, 1984 ^Spnts In Afghanistan Former UPA regional leader faces new labor-camp term A very familiar war JERSEY CITY, N.J. - Vasyl Pid- 1982 he was arrested and sentenced to This is (he second in a series of planned, but it is still following the horodetsky, a regional leader of the one year in a labor camp for violating articles by Mr. Leshuk, who recently same course as other wars of resis­ Ukrainian Insurgent Army (UPA) who passport violations under Article 196 of spent time in Pakistan and Afgha­ tance against the Soviets. There is spent over 30 years in Soviet labor the Ukrainian Criminal Code. Released nistan. The author's observations do only one major difference between camps, was re-arrested in the spring and at the end of 1983, he returned to not necessarily reflect those of the this one and the ones of the past; this could face an additional two-year Krushelnytsia and was re-arrested in newspaper. one isn't over yet, so there still might sentence, according to information March. be a chance to substitute a surprise provided by USSR News Brief in There have been reports that the trial by Leonard Leshuk ending for the one the Soviets have Munich. has already taken place, but the results come to expect in such wars. Mr. Pidhorodetsky, now 59, was are not known. If convicted, Mr. Pid­ In a remote valley, by a spring-fed It has been said that those who do believed to have been released earlier horodetsky may be sentenced to brook, a tent is pitched beneath a not remember the past are doomed to this year after serving a one-year term two years in a labor camp.
    [Show full text]
  • Reverberations of Special Immigrant Juvenile Status Lauren Heidbrink National Louis University, [email protected]
    Journal of Applied Research on Children: Informing Policy for Children at Risk Volume 5 | Issue 2 Article 9 2014 Unintended Consequences: Reverberations of Special Immigrant Juvenile Status Lauren Heidbrink National Louis University, [email protected] Follow this and additional works at: http://digitalcommons.library.tmc.edu/childrenatrisk Recommended Citation Heidbrink, Lauren (2014) "Unintended Consequences: Reverberations of Special Immigrant Juvenile Status," Journal of Applied Research on Children: Informing Policy for Children at Risk: Vol. 5: Iss. 2, Article 9. Available at: http://digitalcommons.library.tmc.edu/childrenatrisk/vol5/iss2/9 The Journal of Applied Research on Children is brought to you for free and open access by CHILDREN AT RISK at DigitalCommons@The exT as Medical Center. It has a "cc by-nc-nd" Creative Commons license" (Attribution Non-Commercial No Derivatives) For more information, please contact [email protected] Unintended Consequences: Reverberations of Special Immigrant Juvenile Status Acknowledgements The uthora wishes to thank Walter Afable, the anonymous reviewers from JARC, and the young people and their families who generously shared their experiences. This article is available in Journal of Applied Research on Children: Informing Policy for Children at Risk: http://digitalcommons.library.tmc.edu/childrenatrisk/vol5/iss2/9 Heidbrink: Unintended Consequences Dear Mama, I hope you are not mad. I want to help you but it’s complicated. I go to school every day. I am learning English but it is hard. I am not working. I want to but it’s prohibited. I promise you that I will do my best in everything I do. I will find a way to help you.
    [Show full text]
  • The Elian Gonzalez Case, U.S
    \\jciprod01\productn\H\HLA\18\HLA105.txt unknown Seq: 1 19-JUN-15 14:34 THE ELIAN´ GONZALEZ´ CASE: THE WORLD’S MOST WATCHED AND POLITICALLY-CHARGED CUSTODY BATTLE THAT REACHED THE U.S. SUPREME COURT AND DETERMINED A PRESIDENTIAL ELECTION. Antonio Rafael de la Cova* TABLE OF CONTENTS INTRODUCTION .................................................. 152 R I. THE CUBAN ADJUSTMENT ACT OF 1966 AND ITS CONSEQUENCES .......................................... 152 R A. Fidel Castro’s Ultimatum to the United States ......... 153 R B. The Clinton Administration Reverses its Family Court Decision ............................................ 156 R C. A Highly Unusual Secret Agreement to End a Hostage Standoff ............................................ 159 R II. POLITICAL INTERVENTION ................................. 161 R A. The U.S. National Council of Churches and ADM Interfere ............................................ 161 R B. Three U.S. Presidential Candidates Opine ............. 163 R C. The International Campaign .......................... 165 R D. Eli´an’s Grandmothers are Escorted by a Spy Handler . 166 R III. THE DEPARTMENT OF JUSTICE CHANGES TACTICS ........... 171 R A. A Monument to Eli´an in Havana ..................... 173 R B. Eli´an’s Father Arrives in Washington, D.C. and Embraces Janet Reno ................................ 175 R C. A Florida Family Court Lacks Jurisdiction ............ 177 R D. All Night Negotiations ............................... 180 R IV. FAMILY REUNIFICATION AT GUNPOINT ..................... 182 R A. Street Protests and Counter-Protests .................. 187 R B. Sedation and Communist Indoctrination ............... 190 R V. THE 11TH U.S. CIRCUIT COURT OF APPEALS DECISION ..... 192 R CONCLUSION .................................................... 194 R * Antonio Rafael de la Cova is the author of Cuban Confederate Colonel: The Life of Ambrosio Jos´e Gonzales (2003), The Moncada Attack: Birth of the Cuban Revolution (2007), and the forthcoming Colonel Henry Theodore Titus: An Antebellum Soldier of Fortune and Florida Pioneer (2016).
    [Show full text]
  • In Re Polovchak: Guidelines for the Grant of Asylum to a Minor
    Cleveland State Law Review Volume 32 Issue 2 Article 8 1983 In re Polovchak: Guidelines for the Grant of Asylum to a Minor Cheryl A. Blackburn Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Immigration Law Commons, and the Juvenile Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Note, In re Polovchak: Guidelines for the Grant of Asylum to a Minor, 32 Clev. St. L. Rev. 327 (1983-1984) This Note is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. IN RE POLOVCHAK: GUIDELINES FOR THE GRANT OF ASYLUM TO A MINOR I. INTRODUCTION ........................................ 327 II. BACKGROUND CONSIDERATIONS .......................... 329 A. Competing Family Interests ....................... 329 1. Parents' Interest ............................. 329 2. M inor's Interest .............................. 332 3. State's Interest ............................... 336 B. Grant of Asylum ................................. 339 1. Historical Background ........................ 339 2. Refugee Programs in the United States Prior to 19 8 0 .............. ............ .............. 3 4 0 3. Present Asylum Practice Under the 1980 Refugee A ct ...... ............ ...................... 3 4 3 4. Factors Supporting a Finding of Probable Perse- cu tion .... ... ... .. .... .. ... .. ..... ..... .. .... 344 5. Burden of Proof Required to Establish Persecu- tio n . ...................................... .. 3 4 6 6. Judicial Review ............................ 348 a. Standard for Review ...................... 348 b. D ue Process .............................. 349 III. A LACK OF CLEAR GUIDELINES: THE POLOVCHAK C ONTROVERSY ......................................... 350 A. History and Facts ................................ 350 B. A Critique of the Polovchak Decisions ............
    [Show full text]
  • The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars
    Volume 45 Issue 2 Article 2 2000 The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars Bruce A. Boyer Steven Lubet Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Juvenile Law Commons Recommended Citation Bruce A. Boyer & Steven Lubet, The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Child Welfare Wars, 45 Vill. L. Rev. 245 (2000). Available at: https://digitalcommons.law.villanova.edu/vlr/vol45/iss2/2 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Boyer and Lubet: The Kidnapping of Edgardo Mortara: Contemporary Lessons in the Ch 2000] Article THE KIDNAPPING OF EDGARDO MORTARA: CONTEMPORARY LESSONS IN THE CHILD WELFARE WARS BRUCE A. BOYER* STEVEN LUBET** I. INTRODUCTION IN recent years, with increasing regularity, legal scholars and other com- mentators have called for changes in the legal systems and rules that govern child welfare.' Much of this discourse has been driven by a series of wrenching custody cases, in which judges have been called upon to bal- ance the claims of biological parents against those of third parties who have established durable attachments with children in their care. Under- standably, public opinion almost invariably supports the "de facto" or "psy- chological" parents, on the ground that it would do enormous harm to remove young children from a nurturing home. At the same time, claims of birth parents tend to be discounted as rigid formalities-mere proce- dural rights of adults that should not be allowed to interfere with the obvi- ous and unarguable interests of the children.
    [Show full text]