"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.""

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.

The 1905 Aliens Act was the first modern law to restrict immigration to British shores. In this book, David Glover asks how it was possible for Britain, a nation that had prided itself on offering asylum to refugees, to pass such legislation. Tracing the ways that the legal notion of the "alien" became a national-racist epithet indistinguishable from the figure of "the Jew," Glover argues that the literary and popular entertainments of fin de siecle Britain perpetuated a culture of xenophobia. Reconstructing the complex socio-political field known as "the alien question," Glover examines the work of George Eliot, Israel Zangwill, Rudyard Kipling, and Joseph Conrad, together with forgotten writers like Margaret Harkness, Edgar Wallace, and James Blyth. By linking them to the beliefs and ideologies that circulated via newspapers, periodicals, political meetings, Royal Commissions, patriotic melodramas, and social surveys, Glover sheds new light on dilemmas about nationality, borders, and citizenship that remain vital today."

Internal displacement has become one of the most pressing geo-political concerns of the twenty-first century. There are currently over 45 million internally displaced people worldwide due to conflict, state collapse and natural disaster in such high profile cases as Syria, Yemen and Iraq. To tackle such vast human suffering, in the last twenty years a global United Nations regime has emerged that seeks to replicate the long-established order of refugee protection by applying international law and humanitarian assistance to citizens within their own borders. This book looks at the origins, structure and impact of this new UN regime and whether it is fit for purpose.

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.

Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control. The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law. This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.

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?

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these crossnational differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

Although philosophers debate the morality of open borders, few social scientists have explored what would happen if immigration were no longer limited. This book looks at three examples of temporarily unrestricted migration in Miami, Marseille, and Dublin and finds that the effects were much less catastrophic than opponents of immigration claim.

View the Table of Contents. Read the Introduction.

aWell written, compelling, and even pioneering to the extent that Romero, in his quest to protect noncitizens, seeks assistance from many and varied sources. By tempering his idealism with large doses of pragmatism, moreover, he leaves the reader feeling that while his goals are lofty, they are not entirely out of reach.a
--"Perspective on Politics"

"The book is well-written, compelling, and even pioneering to the extent that Romero, in his quest to protect noncitizens, seeks assistance from many and varied sources."
--"Perspectives on Politics"

"Clearly written and contains copious footnotes and an extensive and useful bibliography."
--"Choice"

"An important book. Its analysis is thoughtful, detailed, and well-argued. Only over time have white ethnics, Jews, African Americans, Asian immigrants, Latino/as, Arabs and 'others' come to be accepted as equal members in a changing community. Yet we continue to believe that our national sovereignty depends on our power to distinguish between citizens and aliens. Victor Romero reveals the tension between these contradictory conceptions of the New World. The changes brought about by September 11, 2001, and the Patriot Act have made it crucial to develop principles that will allow us to survive -- and thrive. Romero inspires us to be critical but optimistic. His work should be the pre-requisite to discussion of these issues."
--Frank H. Wu, Dean, Wayne State University Law School and author of "Yellow: Race in America Beyond Black and White"

"Victor C. Romero has done what few scholars and journalists have been able to do: he has put a human face on the tragic events ofSeptember 11, and equally importantly, on their aftermath. His important book is almost the perfect blend of doctrinal scholarship in the complex field of immigration law and social science--particularly the anthropological and sociological studies of immigrants in this alien nation. Inasmuch as he immigrated to this country, his voice has a clear and haunting pitch. He has set the bar very high for those of us who write in these areas: all of us will have to reckon with this work."
--Michael A. Olivas, William B. Bates Distinguished Chair in Law and Director, Institute for Higher Education Law and Governance, University of Houston Law Center"The author is correct that we need to re-examine whether a sharp disparity ought to exist between citizens and those others here legally or otherwise who strive to be part of the American dream. This book contributes an important analysis of these issues."
--"Lawyer's Bookshelf"

Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a "legitimate" proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a "constitutional immigration law paradox" that reserves certain rights for U.S. citizens only, while simultaneouslypurporting to treat all people fairly under constitutional law regardless of citizenship.

As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ). The concept of the AFSJ was introduced into the EU Treaty framework by the Treaty of Amsterdam in 1997, and it incorporates migration law, family reunion law, asylum law, police cooperation, and cooperation in criminal law. Each of these areas of law is the subject of an in-depth examination in a separate chapter of this book. The early years of the AFSJ, building upon a substantial body of law already in place under the Treaty of Maastricht and various intergovernmental arrangements, have witnessed a rapid expansion in legislative and executive activity in the field of European internal security. In migration law, family reunion law, asylum law, police co-operation, and co-operation in criminal law, the scale and intensity of action at the supranational level is already such as to overturn longstanding assumptions about the priority of national law in matters of migration control and criminal justice. An introductory chapter examines the various policy strands covered by the AFSJ; investigates what, if anything, can be viewed as its distinctive legal underpinning; and discusses its possible future development in the light of current discussions over the adoption of a first documentary Constitution for the European Union. In addition to setting out the main contours of legal policy, each chapter examines the continuing tension between national sovereignty on the one hand and a growing commitment to collective, EU-wide action on the other. The volume also addresses the wider constitutional implications of a growing supranational capacity in questions of the priority of political values in the evolving EU; fundamental rights protection; the control of new forms of executive and administrative discretion; and the pressures of accommodating the ten new Enlargement states within the internal security field.

Arizona has one of the fastest growing communities of Latino immigrants in the United States. In response to accusations that the Federal government was hampering the immigration enforcement actions of Arizona police, state Senator Russell Pearce introduced the "Support Our Law Enforcement and Safe Neighborhoods Act." Better known as SB 1070, the policy allows police officers in Arizona to arrest unauthorized immigrants under the state's trespassing law. The law also gives officers the latitude to question and detain those that may appear suspicious, which may simply mean that they appear Latino. Under the State's statute, immigrants can also be criminalized for their mere presence in Arizona. The bill was signed into law on April 23, 2010, which generated a number of immensely complex issues at the local, national and international level The measure has affected an already problematic U.S.-Mexico, bi-national relationship at a time of increased security cooperation between the two countries. Furthermore, former the President of Mexico has criticized the law, issuing travel advisories, and as a sanction, trade between Arizona and Mexico has been reduced. Elected officials across the country called for a variety of economic boycotts and campaigns that would discourage the full implementation of the law. Over fifteen major cities have ended business contracts with Arizona. The State tourism industry has lost almost one billion dollars in less than six months as a result of this policy. This book examines a variety of issues and consequences of SB 1070 at the local, national and international level. It provides timely research and analysis on a topic not previously examined and from a variety of inter disciplinary approaches, making it of interest to political scientists and policy-makers alike.

Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered.

In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her not only as a judge, but also as a person.

Yarbrough recounts heartrending testimony described against the background of the countries in which the persecution took place, following each account with personal reflections on how she was emotionally and spiritually transformed by each person who testified. From Josue Maldonado, persecuted in El Salvador because of his religion, to Daniel Quetzal, an Indian from Guatemala who was tied naked to a pole and tortured because of his political opinion, the cases that the author shares provide an unforgettable glimpse into the lives of courageous people who risked everything for peace and freedom in the United States.

Bench-Pressed is the story of five asylum seekers and the judge who was irrevocably changed by the intersection of her life with theirs.

This in-depth examination of the Chinese Exclusion Act of 1882 provides a chronological review of the events, ordinances, and pervasive attitudes that preceded, coincided with, and followed its enactment. The Chinese Exclusion Act of 1882 was a historic act of legislation that demonstrated how the federal government of the United States once openly condoned racial discrimination. Once the Exclusion Act passed, the door was opened to further limitation of Asians in America during the late 19th century, such as the Scott Act of 1888 and the Geary Act of 1892, and increased hatred towards and violence against Chinese people based on the misguided belief they were to blame for depressed wage levels and unemployment among Caucasians. This title traces the complete evolution of the Exclusion Act, including the history of Chinese immigration to the United States, the factors that served to increase their populations here, and the subsequent efforts to limit further immigration and encourage the departure of the Chinese already in America. Provides excerpts from nearly two dozen original documents, including legislation, letters, essays, and other materials related to the sanctioning of discrimination against the Chinese in the United States Presents a chronology of significant actions and events that preceded and facilitated passage of the Exclusion Act, as well as occurrences after its passage and leading to its repeal Includes a bibliography of over 60 significant sources that reflect attitudes, news reports, and legislation from the time of the Exclusion Act and contemporary viewpoints on the historical event Contains a helpful glossary of terms commonly employed in a discussion of the Chinese-American experience and passage of the Exclusion Act

Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors' recommendations , including repeal of the one-year deadline , would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.