EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

A surprisingly understudied topic in international relations is that of gender-based asylum, even though the tactic has been adopted in an increasing number of countries in the global north and west. Those adjudicating gender-based asylum cases must investicate the specific category of gender violence committed against the asylum-seeker, as well as the role of the asylum-seeker's home state in being complicit with such violence. As Nayak argues, it matters not just that but how we respond to gender violence and persecution. Feminist advocates, U.S. governmental officials, and asylum adjudicators have articulated different "frames" for different types of gender violence, promoting ideas about how to categorize violence, its causes, and who counts as its victims. These frames, in turn, may be used successfully to grant asylum to persecuted migrants; however, the frames are also very narrow and limited. This is because the U.S. must negotiate the tension between immigration restriction and human rights obligations to protect refugees from persecution. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum-seekers who do not "fit" the frames. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the U.S. position of power relative to other countries, international organizations, and immigrant communities. This book explores the politics of gender-based asylum through a comparative examination of asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization/abortion, and persecution based on sexual and gender identity.

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe. Today's Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete. The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration. This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

Why do decision-makers in similar liberal democracies interpret the same legal definition in very different ways? International law provides states with a common definition of a 'refugee' as well as guidelines outlining how asylum claims should be decided. Yet, the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many political, cultural, geographical, and institutional commonalities. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations - the United States, Canada, and Australia. Despite similarly high levels of political resistance to accepting asylum seekers across these three states, once asylum seekers cross their borders, they access three very different systems. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being found to be a refugee.
The book moves beyond the claim by some scholars that asylum seeker destinations are uniformly becoming more exclusionary, and the contrary assertions of other scholars that the same destinations are converging on a new inclusive internationalism leading to the decline of state sovereignty. Instead, Hamlin finds these states to be running on three distinct trajectories, none of which are totally restrictive or expansive. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto Unity in Diversity Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities and dealing with the growing heterogeneity of European societies. This volume illustrates that the current legal conundrums stem from European oscillation between, on the one hand, acknowledging the need of accommodation, and, on the other, the tendencies to preserve existing legal traditions. It claims that these opposite tendencies have led Europe to the edge of pluralism. This 'edge', just as the linguistic interpretation of the word 'edge', carries multiple meanings conveying a plethora of problems encountered by law when dealing with diversity. The authors attempt to explore and illustrate these multiple edges of pluralism tracing back their origins and examining the contemporary legal conundrums they have led to. The volume encourages the readers to explore whether there are fundamental problems with approaches to diversity and if so can they be rescued from their current precarious position. It asks whether Europe at the edge is truly capable to unite in diversity and develop a constructive approach to its growing pluralism. The book is aimed at academics, practitioners and students focusing their work on contemporary problems of diversity, multiculturalism and accommodation of migrants as well as everybody interested in the area.

Twenty Years at Hull House, by the acclaimed memoir of social reformer Jane Addams, is presented here complete with all sixty-three of the original illustrations and the biographical notes. A landmark autobiography in terms of opening the eyes of Americans to the plight of the industrial revolution, Twenty Years at Hull House has been applauded for its unflinching descriptions of the poverty and degradation of the era. Jane Addams also details the grave ill-health she suffered during and after her childhood, giving the reader insight into the adversity which she would re-purpose into a drive to alleviate the suffering of others. The process by which Addams founded Hull House in Chicago is detailed; the sheer scale and severity of the poverty in the city she and others witnessed, the search for the perfect location, and the numerous difficulties she and her fellow activists encountered while establishing and maintaining the house are detailed.

This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

The right to free movement is the one privilege that EU citizens value the most in the Union, but one that has also created much political controversy in recent years, as the debates preceding the 2016 Brexit referendum aptly illustrate. This book examines how European politicians have justified and criticized free movement from the commencement of the first Commission of the EU-25 in November 2004 to the Brexit referendum in June 2016. The analysis takes into account the discourses of Heads of State, Governments and Ministers of the Interior (or Home Secretaries) of six major European states: the UK, Germany, France, Italy, Spain and Romania. In addition to these national leaders, the speeches of European Commissioners responsible for free movement matters are also considered. The book introduces a new conceptual framework for analysing practical reasoning in political discourses and applies it in the analysis of national free movement debates contextualised in respective migration histories. In addition to results related to political discourses, the study unearths wider problems related to free movement, including the diversified and variegated approaches towards different groups of movers as well as the exclusive attitudes apparent in both discourses and policies. The History and Politics of Free Movement within the European Union is of interest to anyone studying national and European politics and ideologies, contemporary history, migration policies and political argumentation.

"Sin imaginarlo otra vida comenzaba para nosotros como para otros miles o millones de cubanos comenzaba la diaspora a esparcirse por el mundo buscando lo mas elemental para vivir, un trabajo, un pan, un alero. Igual que cuando salimos de Cuba no tenia idea de lo que estaba pasando cumplia con mis responsabilidades sacaba los grados de la escuela vivia como cualquiera otra hija de vecina, algunas veces iba al cine hoy Teatro Trial o con las companeras de la escuela al Orange Bowl para algun juego. Un dia me montaron en un avion destino: Caracas, la sucursal del cielo. Venezuela. Hoy cuando he jurado respetar la constitucion y leyes de esta republica de alguna manera me pregunto porque el destino me jugo esta partida de ser y no ser, de tener y no tener, de ser de aqui pero ser de alla un poco como no ser de ninguna parte de un libreto que me toco vivir gracias a Dios por todo esto, a mi hermano, su esposa, mis hijos, los hijos del Sr Smith, a mis dos sobrinos a mis amigos que me ayudaron a correr este camino largo y dificil de la mejor manera. Tambien al Sr Smith mi companero inseparable de tantos anos, algunas veces alumno otras maestro siempre con su espiritu de manana sera mejor que hoy tambien hizo posible este fin de etapa.""

As a nation of immigrants, the United States has long accepted that citizens who identify with an ancestral homeland may hold dual loyalties; yet Americans have at times regarded the persistence of foreign ties with suspicion, seeing them as a sign of potential disloyalty and a threat to national security. Diaspora Lobbies and the US Government brings together a group of distinguished scholars of international politics and international migration to examine this contradiction in the realm of American policy making, ultimately concluding that the relationship between diaspora groups and the government can greatly affect foreign policy. This relationship is not unidirectional--as much as immigrants make an effort to shape foreign policy, government legislators and administrators also seek to enlist them in furthering American interests. From Israel to Cuba and from Ireland to Iraq, the case studies in this volume illustrate how potential or ongoing conflicts raise the stakes for successful policy outcomes. Contributors provide historical and sociological context, gauging the influence of diasporas based on population size and length of time settled in the United States, geographic concentration, access to resources from their own members or through other groups, and the nature of their involvement back in their homelands. This collection brings a fresh perspective to a rarely discussed aspect of the design of US foreign policy and offers multiple insights into dynamics that may determine how the United States will engage other nations in future decades.

This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these - often migrant - workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing - or, alternatively, attenuating - vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.

Canada a Nation in Motion is a bold look at issues facing Canada today from the perspective of a Canadian who truly understands the issues. In his special blend of analysis, humor and wit, Samy Appadurai offers up an intelligent discussion of issues ranging from the history of immigration in Canada, the G20 Summit and the Vancouver Olympics to the position of Canada on the world stage. Along with masterful storytelling, Samy provides a detailed analysis and commentary on each subject he covers in a way that anyone can easily understand. The perspective that Samy Appadurai takes is one of a well respected community leader who has dedicated his life to not only serving his community, but also his country. His belief in the importance of learning about the issues that face Canada as a nation is clear. However, he is not afraid to take a stand and provide an alternative point of view in order to spark conversation and debate. Canada is a country that is constantly changing from within and without but Samy Appadurai tells us exactly what it is that keeps Canada moving.

The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.