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.

Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.

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.

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.

In many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core.

People seeking asylum face unique challenges and frequently experience mental health problems. Effective support requires an understanding of their mental health needs in the broader context of their lives, cultures and extreme experiences. This book provides practical guidance for professionals and services working with people seeking asylum in mental health, social care, legal, government. managerial and commissioning roles. With authors from a wide range of professional backgrounds, the book is enriched by accounts from people with first hand experience of the asylum system itself. It considers the challenges and dilemmas faced by all involved, including clients, clinicians and service planners, with a wealth of practical information about how to assess and understand strengths and needs, avoid inappropriate conclusions and discrimination, consider treatment options, and write records and reports. The authors emphasise that effective support depends on reflection, humanity and compassion. The book is a must-have resource for professionals working with those who have to seek asylum.

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

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

In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?"
Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.

Many governments face similar pressures surrounding the hotly debated topic of immigration. Yet, the disparate ways in which policy makers respond is striking. The Comparative Politics of Immigration explains why democratic governments adopt the immigration policies they do. Through an in-depth study of immigration politics in Germany, Canada, Switzerland, and the United States, Antje Ellermann examines the development of immigration policy from the postwar era to the present. The book presents a new theory of immigration policymaking grounded in the political insulation of policy makers. Three types of insulation shape the translation of immigration preference into policy: popular insulation from demands of the unorganized public, interest group insulation from the claims of organized lobbies, and diplomatic insulation from the lobbying of immigrant-sending states. Addressing the nuances in immigration reforms, Ellermann analyzes both institutional factors and policy actors' strategic decisions to account for cross-national and temporal variation.

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

A history of the battles over US immigrants' rights since 1965-and how these conflicts reshaped access to education, employment, civil liberties, and more The 1965 Hart-Celler Act transformed the American immigration system by abolishing national quotas in favor of a seemingly egalitarian approach. But subsequent demographic shifts resulted in a backlash over the social contract and the rights of citizens versus noncitizens. In The Walls Within, Sarah Coleman explores those political clashes, focusing not on attempts to stop immigration at the border, but on efforts to limit immigrants' rights within the United States through domestic policy. Drawing on new materials from the Carter, Reagan, and Clinton administrations, and immigration and civil rights organizations, Coleman exposes how the politics of immigration control has undermined the idea of citizenship for all. Coleman shows that immigration politics was not just about building or tearing down walls, but about employer sanctions, access to schools, welfare, and the role of local authorities in implementing policies. In the years after 1965, a rising restrictionist movement sought to marginalize immigrants in realms like public education and the labor market. Yet throughout the 1970s and 1980s, restrictionists faced countervailing forces committed to an expansive notion of immigrants' rights. In the 1990s, with national politics gridlocked, anti-immigrant groups turned to statehouses to enact their agenda. Achieving strength at the local level, conservatives supporting immigration restriction actually acquired more influence under the Clinton presidency than even during the so-called Reagan revolution, resulting in dire consequences for millions of immigrants. Revealing the roots behind much of today's nativist sentiment, The Walls Within examines debates about who is entitled to the American dream, and how such dreams can be subverted for those already calling the country home.

In 1996, Congress passed expansive laws to control illegal immigration, imposing mandatory detention and deportation for even minor violations. Critics argued that such legislation violated civil liberties and human rights; correspondingly, in 2001, the Supreme Court ruled that many facets of the 1996 statutes were unconstitutional. Michael Welch shows how what he calls "moral panic" led to the passage of the 1996 laws and the adverse effects they have had on the Immigration and Naturalization Service, producing a booming detainee population and an array of human rights violations. Detained: Immigration Laws and the Expanding I.N.S. Jail Complex offers sensible recommendations for reform along with an enlightened understanding of immigration. In an epilogue, Welch examines closely the government's campaign to fight terrorism at home, especially the use of racial profiling, mass detention, and secret evidence. Recently, the INS, particularly its enforcement and detention operations have expanded dramatically. This book will offer many readers their first look inside that system. It will be an invaluable guide to thinking through whether the system is fit to take on the additional responsibilities being asked of it in the post-September 11th world. Author note: Michael Welch is Associate Professor of Criminal Justice at Rutgers University, New Brunswick, New Jersey. He is author of numerous articles on penology and criminalization campaigns. His other books include Punishment in America: Social Control & the Ironies of Imprisonment, Corrections: A Critical Approach, and Flag Burning: Moral Panic and the Criminalization of Protest.

In every decade since passage of the Hart Cellar Act of 1965, Congress has faced conflicting pressures: to restrict legal immigration and to provide employers with unregulated access to migrant labor. Lobbying for Inclusion shows that in these debates immigrant rights groups advocated a surprisingly moderate course of action: expansionism was tempered by a politics of inclusion. Rights advocates supported generous family unification policies, for example, but they opposed proposals that would admit large numbers of guest workers without providing a clear path to citizenship. As leaders of pro-immigrant coalitions, Latino and Asian American rights advocates were highly effective in influencing immigration lawmakers even before their constituencies gained political clout in the voting booth. Success depended on casting rights demands in universalistic terms, while leveraging their standing as representatives of growing minority populations.

How the racist legacy of colonialism shapes global migration The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of "good character." By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws. In this eye-opening book, Andrew Rosenberg argues that while today's leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that the former imperial powers and their allies now deem unfit to enter. Rosenberg shows how postcolonial states remain embedded in a Western culture that requires them to continuously perform their statehood, and how the closing and policing of international borders has become an important symbol of sovereignty, one that imposes harsher restrictions on non-White migrants. Drawing on a wealth of original quantitative evidence, Undesirable Immigrants demonstrates that we cannot address the challenges of international migration without coming to terms with the brutal history of colonialism.

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

This book discusses regional and continental integration in Africa by examining the management of migration across the continent. It examines borders and securitisation of migration and the challenges and opportunities that arise out of reconfigured continental demographics. The book offers insights on intra-Africa migrations and highlights how intra-continental migration creates socio-economic and cultural borders. It explores how these borders, beyond the physical boundaries of states, including the Berlin Conference-constructed borders, create cultural divides, challenges for economic integration and cross-border security, and irregular migration patterns. While the movement of economic goods is valued for regional economic integration, the mobility of people is seen as a threat. This approach to migration contradicts the intentions of true integration and development, and triggers negative responses such as xenophobia that cannot be addressed by simply managing the physical border and allowing free movement. This book engages in a pivotal discussion of these issues, which are hitherto missing in African border studies, by demonstrating the ubiquity and overreaching influence of various kinds of borders on the African continent. With multidisciplinary contributions that provide an in-depth understanding of intra-Africa migrations and strategies for enhanced migration management, this book will be a useful resource for scholars and students studying geography, politics, security studies, development studies, African studies and sociology.

Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

How did Canadian border officers come to think of themselves as a "police of the border"? This book tells the story of the shift to law enforcement in Canadian border control. From the 1990s onward, it traces the transformation of a customs organization into a border-policing agency. Border Frictions investigates how considerable political efforts and state resources have made bordering a matter of security and trade facilitation best managed with surveillance technologies. Based on interviews with border officers, ethnographic work carried out in the vicinity of land border ports of entry and policy analysis, this book illuminates features seldom reviewed by critical border scholars. These include the fraught circulation of data, the role of unions in shaping the border policy agenda, the significance of professional socialization in the making of distinct generations of security workers and evidence of the masculinization of bordering. In a time when surveillance technologies track the mobilities of goods and people and push their control beyond and inside geopolitical borderlines, Cote-Boucher unpacks how we came to accept the idea that it is vital to deploy coercive bordering tactics at the land border. Written in a clear and engaging style, this book will appeal to students and scholars in criminology, sociology, social theory, politics, and geography and appeal to those interested in learning about the everyday reality of policing the border.

The perception of the immigrant as criminal or deviant has a long history in the United States, with many groups (e.g., Irish, Italians, Latinos) having been associated with perceived increases in crime and other social problems, although data suggest this is not necessarily the case. This Handbook examines the relationship between immigration and crime by presenting chapters reflecting key issues from both historical and current perspectives. The volume includes a range of topics related to immigration and crime, such as the links between immigration rates and crime rates, nativity and crime, and the social construction of the criminal immigrant, as well as historical and current immigration policy vis-a-vis perceptions of the criminal immigrant. Other topics covered in this volume include theoretical perspectives on immigration and assimilation, sanctuary cities, and immigration in the context of the "war on terror." The Routledge Handbook on Immigration and Crime fills the gap in the literature by offering a volume that includes original empirical work as well as review essays that deliver a complete overview of immigration and crime relying on both historical and contemporary perspectives. It is a key collection for students in immigration courses; scholars and researchers in diverse disciplines including criminal justice, criminology, sociology, demography, law, psychology, and urban studies; and policy makers dealing with immigration and border security concerns.

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.