SPRING 2012 SHIKHA GUPTA JOSEPH: Advanced Immigration Law and Citizenship Research

Preemption Literature Check A preemption check is a thorough process for determining whether there is another article that has already been published on your topic. Purpose of preemption check: Saving time and resources to confirm that your topic will cover new ground. Provides alerts to any impending statutes or case law that would render your topic meaningless.

How to conduct a preemption check? Conduct a check following these steps: Construct a list of keywords and subject headings on the topic Maintain a record of all databases searched with found journal citations, articles etc. Search law review databases Run queries in periodical indices Examine works in progress, working papers, and preprints Books and book chapters Current awareness tools Analyze and conform the results with your topic

Law Review Databases Westlaw (TP-ALL, JLR) Example: TP-ALL keyword search: (transsex! transgend! transvest!) /10 immig! /10 detention Lexis (Law Reviews, CLE, Legal Journals & Periodicals, Combined) HeinOnline Non-law databases: Academic Search Premier, JSTOR, and other multidisciplinary from Axinn databases

Periodical Indices Index to Legal Periodicals (current and retro) Example: same sex and sponsor LegalTrac Current Index to Legal Periodicals Index to Foreign Legal Periodicals

Works in Progress, Working Papers and Preprints For scholarly working papers, forthcoming law review articles, think tank articles (new and very recent research): Legal Scholarship Network (SSRN) Example: sexual orientation asylum Google Scholar Example: surrogacy and citizenship Berkeley Electronic Press (Bepress)

Books and Books Chapters Lexicat Hofstra University Libraries Catalog Example: immigration detention WorldCat

Current Awareness Tools and Blogs Lexis-alerts, Sherpardize, CourtLink Westlaw-various alerts at Alert Center, Keycite U.S. Law Week (BNA)-status of Supreme Court cases BNA Alerts-also latest news, expert insight articles SSRN Immigration Prof Blog: Bender's Immigration Bulletin: Lexis; Law Classified KF4815.I465 Daily Edition, Bulletin Board:

Immigration Law Research Sources Primary Sources Statutes Federal Regulations Federal Register Code of Federal Regulations Agency Decisions Judicial Decisions Secondary Sources Treatises and casebooks Journal & law review articles

Statutes Which statutes are applicable? Treatises Immigration Law Research Guides (for example, NYU Law Library's guide) U.S. Citizenship and Immigration Services(USCIS) Index to USCA or USCS Relevant governing laws: Title 8: Immigration and Nationality Act (INA); Aliens & Nationality Title 18: Criminal Law and Procedure

Where can I locate the relevant statutes? Federal Immigration Laws and Regulations, Law Classified, KF U United State Code - available in print or on Fdsys ( United States Code Annotated (USCA) – available in print or in Westlaw United States Code Service (USCS) – available in print or in Lexis

Legislative History U.S. Code Congressional and Administrative New Service-print (Reading Room KF48.U5) and Westlaw (USCCAN) HeinOnline-U.S. Federal Legislative History Library ProQuest Congressional Thomas.gov-recent bills/legislation only Lexis: US-CIS Legislative Histories database Westlaw: FED-LH database

Proposed Legislation ProQuest Congressional Thomas.gov Lexis: Congressional Full Text Bills - Current Congress; Bill Tracking Report - Current Congress Westlaw: CONG-BILLTXT; US-BILLTRK; FIM- BILLTXT

Role of Federal Agencies Rulemaking (regulations published in the Code of Federal Regulations) Adjudication (administrative decisions)

Which Agencies? Department of Homeland Security-in charge of Citizenship & Immigration Services; Immigration & Customs Enforcement is responsible for enforcing immigration and customs law ( Department of State-authority of visa issuance, country information, various reports Department of Justice-Executive Office for Immigration Review (immigration court system), employment discrimination matters Department of Labor-alien labor certification process and appeals

Federal Regulations Federal Register Code of Federal Regulations

Locating Federal Regulations Code of Federal Regulations – print and online at Lexis, Westlaw, HeinOnline, FedSys Relevant volumes might include: Aliens and Nationality Regs: Title 8 Justice Dept Regs: Title 28 Labor Dept Regs: Title 20, 29 Health & Human Serv Regs: Title 42

Federal Register Code of Federal Regulations – print Lexis Westlaw HeinOnline FedSys

Agency and Judicial Decisions Search First, choose a database. (Click on Search tab on Lexis; click on Directory on Westlaw) Select jurisdiction (if applicable) Construct terms and connectors search Use thesaurus, key terms suggested by database or other sources, headnotes Limit by dates if helpful

Agency Decisions Board of Immigration Appeals Decisions Administrative decisions under immigration and nationality laws, Law Classified KF4812.A2 Benders Immigration Case Reporter KF 4815.I46 Heins Cumulative Index to Interim Precedent Decisions of the Board of Immigration Appeals, Law Classified KF H45 HeinOnline: U.S. Federal Agency Documents, Decisions, and Appeals Administrative Decisions under Immigration and Nationality Laws LexisNexis: Federal Immigration Agency Decisions; Immigration Precedent Decisions Westlaw: FIM-BIA

Administrative Appeals Office Benders Immigration Case Reporter KF 4815.I46 LexisNexis: Federal immigration agency decisions; Immigration Non-Precedent Decisions: BIA, AAO/AAU Westlaw: FIM-AAU

Office of the Chief Administrative Hearing Officer Benders Immigration Case Reporter KF 4815.I46 Lexis: Office of Chief Administrative Hearing Officer Immigration Review Decisions Westlaw: FIM-OCAHO

Board of Alien Labor Certification Appeals Decisions Immigration Law and Procedure: BALCA Deskbook Summaries of decisions in Volume 13, Law Classified KF 4819.G6 Lexis: Immigration Law & Procedure - BALCA Deskbook Interpreter Releases includes BALCA summaries, Law Classified KF4802.I58 Westlaw INTERREL database Benders Immigration Case Reporter KF 4815.I46 Lexis: Board of Alien Labor Certification Appeals Decisions Westlaw: FIM-BALCA

Judicial Decisions Benders Immigration Case Reporter KF 4815.I46 Federal Reporter, Federal Supplement, Supreme Court Reporter: Law Reading Room Lexis: USAPP; databases for individual circuits; IMMIG; Federal Immigration Cases and Federal Immigration Cases & Agency Decisions Westlaw: CTA; databases for individual circuits; FIM-CS and IM-CS Example: j-1 visa and stay

Secondary Sources Treatises and casebooks-for background information Immigration and Citizenship Process and Policy/ Thomas Alexander Aleinikoff et al., Law Reserve KF4818.A Immigration Law and Procedure in a Nutshell / by David Weissbrodt et al., Law Reserve KF W Essentials of Immigration Law/Richard A. Boswell, Law Classified KF4819.B Immigration Fundamentals : a guide to law and practice/Austin T. Fragomen et al., Law Classified KF4819.F72 Kurzban's immigration law sourcebook : a comprehensive outline and reference tool / Ira J. Kurzban, Law Classified KF K

To Find a Treatise Online Westlaw: click on Directory and enter the title or words in the title, or immigration law in search box; go to Directory Topical Practice Areas Immigration Forms, Treatises, CLEs and Other Practice Material (use I link to check description, author, title, updating) Lexis: click on Find a Source tab; same process; go to Legal > Area of Law - By Topic > Immigration > Search Analysis, Law Reviews & Journals (use I link to check description, author, title, updating.)

Journals and Law Reviews Index to Legal Periodicals Index to Foreign Legal Periodicals LegalTrac HeinOnline: Law Journal Library Lexis: Law Reviews, CLE, Legal Journals & Periodicals, Combined; Immigration Law Review Articles, Combined Westlaw: TP-ALL; JLR; IM-TP

Statistics, Reports and other Data TRAC DHS-provides latest information on DHS convictions, immigration and customs enforcement data, numerous DHS tables and reports. Immigration statistics

Organizations ABA Commission on Immigration Policy, Practice and Pro Bono: American Immigration Lawyers Association: Center for Immigration Studies: The Federation for American Immigration Reform (FAIR): National Immigration Law Center:

Questions? Help using databases, locating sources, using microforms: Ask Shikha or another Reference Librarian for help Appointments: or tel