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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.
This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.
A collection of papers incorporating critical perspectives in the development of asylum law with as focus on European and UK developments. Incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.
When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
The Soviet Union comprehensively governed the mobility of its citizens by barring emigration and strictly regulating internal migration. In the aftermath of the Soviet collapse, the constitution and laws of the new Russian Federation appeared to herald a complete break with the repressiveness of the previous government. Russian law now proclaims the right of Russian citizens and residents to move around their country freely. This book examines how and why this post-Soviet legal promise of internal freedom of movement has been undermined in practice by both federal and regional policies. It thereby adds a new dimension to scholarly understanding of the nature of rights, citizenship, and law enforcement in contemporary Russia. Most contemporary works focus on the attempts of developed Northern countries to regulate migration from the global South to the global North: here Matthew Light examines the restriction of migration within Soviet and post-Soviet Russia, providing a comprehensive view into an area rarely explored within migration scholarship. Fragile Migration Rights develops a comprehensive theoretical framework to analyse this complex subject. It is essential reading for students and academics from a range of disciplines including criminology, human rights, migration studies, and political science.
First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Research on migration has often focused on push and pull factors; and on the mobilities which drive migration. What has often received less attention, and what this book recognises, is the importance of the creative activities which occur when strangers meet and settle for long periods of time in new places. Contributions consider case studies in Italy, Kyrgyzstan, France, Portugal and Australia, as well as taking a careful look at the Commonwealth City of Glasgow. They explore the making and use of literature (for adults and children) of art installations; translation processes in immigration law; education materials; and intercultural understanding. The research reveals the extent to which migration takes a place, and takes different forms, as life is made anew out of intercultural encounters which have a geographical specificity. This shift in focus allows a different lens to be placed on languages, intercultural communication and the activities of migration, and enables the settings themselves to come under scrutiny. This book was originally published as a special issue of Language and Intercultural Communication.
Here We Are is a heart-wrenching memoir about an immigrant family's American Dream, the justice system that took it away, and the daughter who fought to get it back, from NPR correspondent Aarti Namdev Shahani. The Shahanis came to Queens--from India, by way of Casablanca--in the 1980s. They were undocumented for a few unsteady years and then, with the arrival of their green cards, they thought they'd made it. This is the story of how they did, and didn't; the unforeseen obstacles that propelled them into years of disillusionment and heartbreak; and the strength of a family determined to stay together. Here We Are: American Dreams, American Nightmares follows the lives of Aarti, the precocious scholarship kid at one of Manhattan's most elite prep schools, and her dad, the shopkeeper who mistakenly sells watches and calculators to the notorious Cali drug cartel. Together, the two represent the extremes that coexist in our country, even within a single family, and a truth about immigrants that gets lost in the headlines. It isn't a matter of good or evil; it's complicated. Ultimately, Here We Are is a coming-of-age story, a love letter from an outspoken modern daughter to her soft-spoken Old World father. She never expected they'd become best friends.
The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the 'political' factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author's ethnographic findings of the UK's 'asylum field' to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous 'asylum field' which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.
This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.
The Soviet Union comprehensively governed the mobility of its citizens by barring emigration and strictly regulating internal migration. In the aftermath of the Soviet collapse, the constitution and laws of the new Russian Federation appeared to herald a complete break with the repressiveness of the previous government. Russian law now proclaims the right of Russian citizens and residents to move around their country freely. This book examines how and why this post-Soviet legal promise of internal freedom of movement has been undermined in practice by both federal and regional policies. It thereby adds a new dimension to scholarly understanding of the nature of rights, citizenship, and law enforcement in contemporary Russia. Most contemporary works focus on the attempts of developed Northern countries to regulate migration from the global South to the global North: here Matthew Light examines the restriction of migration within Soviet and post-Soviet Russia, providing a comprehensive view into an area rarely explored within migration scholarship. Fragile Migration Rights develops a comprehensive theoretical framework to analyse this complex subject. It is essential reading for students and academics from a range of disciplines including criminology, human rights, migration studies, and political science.
Since 2012, there has been a rapid increase in the number of unaccompanied alien children (UAC) apprehended at the U.S.-Mexican border. According to DHS's Customs and Border Protection (CBP), the number of UAC from any country apprehended at the U.S.-Mexican border climbed from more than 24,000 in fiscal year 2012 to nearly 39,000 in fiscal year 2013, and to nearly 69,000 in fiscal year 2014. Prior to fiscal year 2012, the majority of UAC apprehended at the border were Mexican nationals. However, more than half of the UAC apprehended at the border in fiscal year 2013, and 75 percent apprehended in fiscal year 2014 were nationals of El Salvador, Guatemala, and Honduras, according to DHS/CBP. El Salvador, Guatemala, and Honduras face various socioeconomic challenges, which the United States is seeking to address through assistance efforts. This book identifies U.S. mission-level efforts to identify causes of the rapid increase in migration of unaccompanied children and address the causes identified. Furthermore, this book discusses the demographics of unaccompanied alien children while they are in removal proceedings.
Research on migration has often focused on push and pull factors; and on the mobilities which drive migration. What has often received less attention, and what this book recognises, is the importance of the creative activities which occur when strangers meet and settle for long periods of time in new places. Contributions consider case studies in Italy, Kyrgyzstan, France, Portugal and Australia, as well as taking a careful look at the Commonwealth City of Glasgow. They explore the making and use of literature (for adults and children) of art installations; translation processes in immigration law; education materials; and intercultural understanding. The research reveals the extent to which migration takes a place, and takes different forms, as life is made anew out of intercultural encounters which have a geographical specificity. This shift in focus allows a different lens to be placed on languages, intercultural communication and the activities of migration, and enables the settings themselves to come under scrutiny. This book was originally published as a special issue of Language and Intercultural Communication.
In Scandinavian countries immigration is a sensitive issue and legislators' approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants' individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.
Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Twenty years after the fall of the Berlin Wall, the question remains 'Do good fences still make good neighbours'? Since the Great Wall of China, the Antonine Wall, built in Scotland to support Hadrian's Wall, the Roman 'Limes' or the Danevirk fence, the 'wall' has been a constant in the protection of defined entities claiming sovereignty, East and West. But is the wall more than an historical relict for the management of borders? In recent years, the wall has been given renewed vigour in North America, particularly along the U.S.-Mexico border, and in Israel-Palestine. But the success of these new walls in the development of friendly and orderly relations between nations (or indeed, within nations) remains unclear. What role does the wall play in the development of security and insecurity? Do walls contribute to a sense of insecurity as much as they assuage fears and create a sense of security for those 'behind the line'? Exactly what kind of security is associated with border walls? This book explores the issue of how the return of the border fences and walls as a political tool may be symptomatic of a new era in border studies and international relations. Taking a multidisciplinary approach, this volume examines problems that include security issues ; the recurrence and/or decline of the wall; wall discourses ; legal approaches to the wall; the 'wall industry' and border technology, as well as their symbolism, role, objectives and efficiency.
Migration, Family and the Welfare State explores understandings and practices of integration in the Scandinavian welfare societies of Denmark, Norway and Sweden through a comprehensive range of detailed ethnographic studies. Chapters examine discourses, policies and programs of integration in the three receiving societies, studying how these are experienced by migrant and refugee families as they seek to realize the hopes and ambitions for a better life that led them to leave their country of origin. The three Scandinavian countries have had parallel histories as welfare societies receiving increasing numbers of migrants and refugees after World War II, and yet they have reacted in dissimilar ways to the presence of foreigners, with Denmark developing tough immigration policies and nationalist integration requirements, Sweden asserting itself as a relatively open country with an official multicultural policy, and Norway taking a middle position. The book analyses the impact of these differences and similarities on immigrants, refugees and their descendants across three intersecting themes: integration as a welfare state project; integration as political discourse and practice; and integration as immigrants and refugees quest for improvement and belonging. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.
India Migration Report 2014 is one of the first systematic studies on contribution of diasporas in development, in countries of origin as well as destination. This volume: examines how diasporic human and financial resources can be utilized for economic growth and sustainable development, especially in education and health; offers critical insights on migrant experiences, transnationalism and philanthropic networks, and indigenization and diaspora policies, as well as return of diasporas; and includes case studies on Indian migrants in the Gulf region - in particular, Bahrain, Oman and Saudi Arabia - and the United Kingdom, among others. With essays by major contributors, the volume will interest scholars and researchers on economics, development studies, migration and diaspora studies, and sociology. It will also be useful to policy-makers and government institutions working in the area.
This book considers the United Nations High Commissioner for Refugees' contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation's role throughout the last sixty years, looking at both the formal means by which UNHCR's mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation's role since the onset of the crisis in refugee protection in the 1980's. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees' rights in practice. UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.
Immigration is one of the most controversial topics of the decade. Citizens and pundits from across the political spectrum argue for major and disparate changes to American immigration law. Yet few know what American immigration law actually is and how it functions."Everyday Law for Immigrants" is an ideal guide for U.S. citizens who want a better understanding of our immigration laws as well as for migrants who make the United States their home. Romero deftly and comprehensively explains the basic challenges immigrants and foreign nationals face not only within formal immigration policy but also within American domestic law generally, including rules promulgated by federal, state, and local entities that affect noncitizens. A concise and accessible primer for interested citizens, noncitizens, and their advocates, this book provides a bird s eye view of U.S. immigration history, practice, and procedure, and constructively addresses the many legal issues in areas such as education, housing, and employment that affect foreigners who reside here. It includes easy-to-understand examples and an extensive appendix of print and Internet resources for further help."
Immigration is one of the most controversial topics of the decade. Citizens and pundits from across the political spectrum argue for major and disparate changes to American immigration law. Yet few know what American immigration law actually is and how it functions."Everyday Law for Immigrants" is an ideal guide for U.S. citizens who want a better understanding of our immigration laws as well as for migrants who make the United States their home. Romero deftly and comprehensively explains the basic challenges immigrants and foreign nationals face not only within formal immigration policy but also within American domestic law generally, including rules promulgated by federal, state, and local entities that affect noncitizens. A concise and accessible primer for interested citizens, noncitizens, and their advocates, this book provides a bird's eye view of U.S. immigration history, practice, and procedure, and constructively addresses the many legal issues in areas such as education, housing, and employment that affect foreigners who reside here. It includes easy-to-understand examples and an extensive appendix of print and Internet resources for further help.
How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.
This book explores the legitimacy of political asylum applications in the US and UK through an examination of the varieties of evidence, narratives, and documentation with which they are assessed. Credibility is the central issue in determining the legitimacy of political asylum seekers, but the line between truth and lies is often elusive, partly because desperate people often have to use deception to escape persecution. The vetting process has become infused with a climate of suspicion that not only assesses the credibility of an applicant's story and differentiates between the economic migrant and the person fleeing persecution, but also attempts to determine whether an applicant represents a future threat to the receiving country. This innovative text approaches the problem of deception from several angles, including increased demand for evidence, uses of new technologies to examine applicants' narratives, assessments of forged documents, attempts to differentiate between victims and persecutors, and ways that cultural misunderstandings can compromise the process. Essential reading for researchers and students of Political Science, International Studies, Refugee and Migration Studies, Human Rights, Anthropology, Sociology, Law, Public Policy, and Narrative Studies. |
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