This book examines the antagonistic relationship between new European nationalisms as these often go hand-in-hand with populism, and the phenomenon of migration. Migration has become a significant issue both in Europe and the whole world. Although it has always existed, much of public opinion sees it now as a problem. The latter has been exaggerated through a crisis in hospitality exacerbated by the relatively recently constructed and misplaced feeling of a civilisational threat from islam. Migration is then countered by the escalation of new nationalisms, at least some of which are supported by populism. This book offers an understanding of this conjunction of migration and nationalism in the post-cold war European context. More specifically, the book takes up how the end of the simplified cold war cognitive binary means an unprecedented epistemological confusion and depoliticisation which takes migration as its target, but could resort to other targets too. Discussing the postcolonial background to the new migrations, the book also considers womens' rights, postsocialism and the relevance of the current pandemic, as the issue of migration is addressed in the context of the European crisis-ridden present. This wide-ranging interrogation of how contemporary European migration is conceived and understood will appeal to students, academics, activists, policy makers, and others with interests in contemporary migration, new nationalisms, populism, feminism, colonial, postcolonial, and decolonial issues, as well as socialism and postsocialism.

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

Presents a content analysis of state-level statutes on immigrant and refugee intimate partner violence Compares the extent to which various intimate partner violence statutes applied to immigrant and refugee communities employ surveillance, control opportunities for protection, acknowledge diversity and foster inclusion, embody empathy, and cultivate empowerment An original and timely resource for researchers, students, scholars, practitioners, policymakers, and other stakeholders focusing on the important nexus of immigration and criminal justice law

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

Much has been written In English about the experiences and treatment of immigrants from south of the Rio Grande once they have entered the United States. But this account, by the itinerant, effervescent and highly original journalist Belen Fernandez, offers a different and wholly original take. Belen Fernandez shows us what life is like for would-be migrants, not just from the Mexican side of the border but inside Siglo XXI, the notorious migrant detention center in the south of the country. Journalists are prohibited from entering Siglo XXI; Fernandez only gained access because she herself was detained as a result of faulty paperwork when she attempted to return to the US to renew her passport. Once inside the facility, Fernandez was able to speak with detained women from Honduras, Cuba, Haiti, Bangladesh, and beyond. Their stories, detailing the hardships that prompted them to leave their homes, and the dangers they have experienced on an often-tortuous journey north, form the core of this unique book. The companionship and support they offer to Fernandez, whose antipathy to returning to the United States, the country they are desperate to enter, is a source of bemusement and perplexity, demonstrates a spirited generosity that is deeply moving. In the end, the Siglo XXI center emerges as a strikingly precise metaphor for a 21st century in which poor people, effectively imprisoned by American political and economic policies, nevertheless display astonishing resilience.

This highly topical book demonstrates the theoretical and practical importance of the study of migration law. It outlines approaches that may be taken in the design, delivery and monitoring of this study in law schools and universities to ensure an optimum level of learning. Drawing on examples of best practice from around the world, this book uses a theoretical framework and examples from real clients to simulations to help promote the learning and teaching of the law affecting migrants. It showcases contributions from over 30 academics and practitioners experienced in asylum and immigration law and helps to unpick how to teach the complex international laws and procedures relating to migration between different countries and regions. The various sections of the book explore educational best practice, what content can be covered, models for teaching and learning, strategies to deal with challenges and ways forward. The book will appeal to scholars, researchers and practitioners of migration and asylum law, those teaching migration law electives and involved in curriculum design, as well as students of international, common and civil law.

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.

Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO's involved with European asylum policy issues.

This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context.Integration for Third-Country Nationals in the European Union focuses on the nexus between non-discrimination based on nationality and race, and the equality clauses covering different categories of regularly residing third-country nationals within EU law. It highlights the extent to which social rights that have been formally promised to non-EU citizens are enjoyed in practice. The contributing authors - who are both academics and practitioners - also consider the link between secure residence and equal treatment, highlighting on the implementation of EU Policies in aselection of Member States. Using socio-legal and comparative methods, this study provides an overview of the models of integration and social cohesion shaped by European and national actors in order to profile the present fragmented structure of European society and to discuss future possibilities. Academics, practitioners, and students interested in EU law and migration studies will find this enriching book invaluable. Contributors: D. Acosta Arcarazo, K. Bianchini, C. Carlitz, S. Davies, K. de Vries, M.V. Garlick, E. Guild, K. Hailbronner, M. Jesse, M. Kontos, M. Malena, S. Morano-Foadi, C. Perez Gonzalez, K. Puttick, A. Saarinen, A. Silvestri, E. Tsourdi

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or 'foreign fighters'. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

This book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures - in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used to keep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency's organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe's borders. It contributes to the wider theoretical debate on the relationships among migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics and law as well as all those interested in learning about Europe's changing borders.

This book presents experiences of women refugees in a variety of contexts across Asia and Africa and builds a framework to ensure robust and effective mechanisms to safeguard refugees' rights. It highlights the structural challenges that women who are forcibly displaced face and the inadequacies of the response of governments and other stakeholders, irrespective of the country of origin, ethnicity, and religion of the refugee community. This volume: Focuses on contemporary issues such as the Rohingya and the Syrian crisis. Brings first-person accounts of women refugees from Asia and Africa. Draws on an interdisciplinary approach to analyse a host of issues, including public policy, cultural norms, and economics of forced migration. Bringing together first-hand accounts from women refugees and interventions by activists, academics, journalists, filmmakers, humanitarian workers, and international law experts, this book will be a must read for scholars and researchers of migration and diaspora studies, development studies, sociology and social anthropology, and politics and public policy. It will be of special interest to NGOs, policymakers, and think tanks.

This book presents experiences of women refugees in a variety of contexts across Asia and Africa and builds a framework to ensure robust and effective mechanisms to safeguard refugees' rights. It highlights the structural challenges that women who are forcibly displaced face and the inadequacies of the response of governments and other stakeholders, irrespective of the country of origin, ethnicity, and religion of the refugee community. This volume: Focuses on contemporary issues such as the Rohingya and the Syrian crisis. Brings first-person accounts of women refugees from Asia and Africa. Draws on an interdisciplinary approach to analyse a host of issues, including public policy, cultural norms, and economics of forced migration. Bringing together first-hand accounts from women refugees and interventions by activists, academics, journalists, filmmakers, humanitarian workers, and international law experts, this book will be a must read for scholars and researchers of migration and diaspora studies, development studies, sociology and social anthropology, and politics and public policy. It will be of special interest to NGOs, policymakers, and think tanks.

This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one's persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms - asylum and refugee law - interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France. The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.

"What part of illegal don't you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation's founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.

"What part of illegal don't you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation's founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

Undocumented immigrant postsecondary students face myriad challenges while pursuing a college education. Garcia focuses on the experiences of nine students attending a public comprehensive postsecondary institution in California to assess how different types of social capital help students pursue a college education. She demonstrates how students were wholly or partly reliant on various types of social capital accessed before and during matriculation. Three of the major findings are: institutional agents were instrumental in developing students' social capital, family- and peer-based social capital was important to students' matriculation, and perceptions about immigration status affected students' matriculation and social capital development.

The conditions for non-EU migrant workers to gain legal entry to Britain, France, and Germany are at the same time similar and quite different. To explain this variation this book compares the fine-grained legal categories for migrant workers in each country, and examines the interaction of economic, social, and cultural rationales in determining migrant legality. Rather than investigating the failure of borders to keep unauthorized migrants out, the author highlights the different policies of each country as "border-drawing" actions. Policymakers draw lines between different migrant groups, and between migrants and citizens, through considerations of both their economic utility and skills, but also their places of origin and prospects for social integration. Overall, migrant worker legality is arranged against the backdrop of the specific vision each country has of itself in an economically competitive, globalized world with rapidly changing welfare and citizenship models.