Journal article
DEVELOPMENT IN IMMIGRATION LAW: The Rough Road for Vietnamese Visa Applicants in Hong Kong: Legal Assistance for Vietnamese Asylum Seekers v. Department of State
North Carolina Journal of International Law & Commercial Regulation, Vol.21, pp.649-667
01 Jul 1996
Abstract
I. Introduction Since the end of the Vietnam War in 1975, refugees from Indochina, 1 Vietnam specifically, have poured into other Southeast Asian nations in the hopes of resettling. Chief among these areas of "first asylum" is the nation of Hong Kong. 2 It is estimated that Hong Kong has received almost 200,000 Vietnamese refugees over the past twenty years, 3 with over 20,000 currently awaiting resettlement. 4 The United States has traditionally been sensitive to the plight of Vietnamese refugees by providing favorable immigration standards and policy. 5 However, the State Department has recently tightened the status requirements that determine who may apply for a visa at the consular office in Hong Kong. 6 Those Vietnamese that are "screened-out" by these tighter standards must return to Vietnam to apply for a visa to the United States. 7 The focus of this Note is Legal Assistance for Vietnamese Asylum Seekers (LAVAS) v. Department of State, 8 which questions whether the State Department, in imposing stricter guidelines for Vietnamese asylum seekers in Hong Kong, violated the nondiscrimination provision of the Immigration and Nationality Act. 9 This case is important because the court's decision embraces a very literal interpretation of the nondiscrimination provision. 10 This Note will explore the background facts and holding of LAVAS in Part II. 11 Part III will involve an examination of the background law that is specifically applicable to the issues raised and decided in LAVAS. 12 Part IV will provide an analysis ...
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Details
- Title
- DEVELOPMENT IN IMMIGRATION LAW: The Rough Road for Vietnamese Visa Applicants in Hong Kong: Legal Assistance for Vietnamese Asylum Seekers v. Department of State
- Creators
- Andrew Smith
- Publication Details
- North Carolina Journal of International Law & Commercial Regulation, Vol.21, pp.649-667
- Publisher
- North Carolina Journal of International Law & Commercial Regulation Inc. North Carolina Journal of International Law & Commercial Regulation
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- English and Philosophy
- Identifiers
- 991021013060404721