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.

Border deaths are a result of dynamics involving diverse actors, and can be interpreted and represented in various ways. Critical voices from civil society (including academia) hold states responsible for making safe journeys impossible for large parts of the world population. Meanwhile, policy-makers argue that border deaths demonstrate the need for restrictive border policies. Statistics are widely (mis)used to support different readings of border deaths. However, the way data is collected, analysed, and disseminated remains largely unquestioned. Similarly, little is known about how bodies are treated, and about the different ways in which the dead - also including the missing and the unidentified - are mourned by familiars and strangers. New concepts and perspectives contribute to highlighting the political nature of border deaths and finding ways to move forward. The chapters of this collection, co-authored by researchers and practitioners, provide the first interdisciplinary overview of this contested field.

In this book, an array of legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors draw upon their interactions with expertise and the immigration process to provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution. This book is essential reading for both scholars interested in the production of knowledge and clinicians considering the role of experts as mediators of asylum claims.

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times.

"Deportation Nation" is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian "removals," the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become "true" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden.

By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world.

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.

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions (by paying taxes and obeying the law), and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity.

Since 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status-as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid." In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U.S. communities, and the countries that must process and repatriate ever-increasing numbers of U.S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U.S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.

This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the U.S. Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Anna O. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called "the federal courts" or "the courts," for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

In the past three decades, images of undocumented immigrants pouring across the southern border have driven the immigration debate and policies have been implemented in response to those images. The Oklahoma City bombings and the tragic events of September 11, both of questionable relevance to immigration policy have provided further impetus to implement strategies that are anti-immigration in design and effect. This book discusses the major immigration policy areas - undocumented workers, the immigration selection system, deportation of aggravated felons, national security and immigration policy, and the integration of new Americans - and the author suggests his own proposals on how to address the policy challenges from a perspective that encourages us to consider the moral consequences of our decisions. The author also reviews some of the policies that have been put forth and ignored and suggests new policies that would be good for the country economically and socially.

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions (by paying taxes and obeying the law), and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity.

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.

In the past three decades, images of undocumented immigrants pouring across the southern border have driven the immigration debate and policies have been implemented in response to those images. The Oklahoma City bombings and the tragic events of September 11, both of questionable relevance to immigration policy have provided further impetus to implement strategies that are anti-immigration in design and effect. This book discusses the major immigration policy areas - undocumented workers, the immigration selection system, deportation of aggravated felons, national security and immigration policy, and the integration of new Americans - and the author suggests his own proposals on how to address the policy challenges from a perspective that encourages us to consider the moral consequences of our decisions. The author also reviews some of the policies that have been put forth and ignored and suggests new policies that would be good for the country economically and socially.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Identity Cards Act 2006 is a major piece of legislation which will fundamentally change the relationship between the state and the individual for people of all nationalities residing in the UK for more than three months. The Act will affect the operation of much existing legislation, including; the Data Protection Act 1998; the Police and Criminal Evidence Act 1984; the Regulation of Investigatory Powers Act 2000; the Race Relations Act 1976; the Immigration and Asylum Act 1999, and the Asylum and Immigration (Treatment of Claimants) Act 2004. The Act will have an impact on a wide range of legal areas, including; asylum and immigration; data protection and freedom of information; privacy; criminal; human rights; and civil liberties; and will introduce the following; - A complex range of new civil and criminal penalties - a new Commissioner's Office - New ways of working for those providing public services, such as the police, the NHS, the Passport Service, and benefit workers This Guide is written by two experienced practitioners currently based at Liberty, the National Council for Civil Liberties. Structured in a clear and logical way following the parts of the Act, it provides an up-to-date and informative guide, making it an essential purchase for practitioners and organisations working in a number of legal areas.

As a practicing immigration attorney for many years, I have had to help many clients solve some of the most common problems, simply because they had no knowledge of the immigration laws of the United States. Whether you were born in the US, whether you are now in the US, or even if you are planning to come to America, this book is for you. You MUST read this book, especially as an alien, because the information you will find here will help you to stay out of trouble and direct your path from the time you arrive in America up to you becoming a US citizen if you so desire. When you read this book you will learn about some of the things which you should and should not do when you come to America. Others will tell you things which may not always be true, so do not be fooled by people who do not know the law. Let this book be your Guide.

This volume first addresses the material details of the Human Rights Act 1998 and then examines the schemes for immigration control mandated by the Immigration and Asylum Act 1999. Further chapters contain in-depth analyses of the impact of the Human Rights Act 1998 on a number of areas of immigration and asylum law and practice in the UK.

This is the first and only comprehensive, book-length political history of national ID card proposals and developments in identity policing in the United States. The book focuses on the period from 1915 to 2016, including the post-9/11 debates and policy decisions regarding the introduction of technologically-advanced identification documents. Putting the United States in comparative perspective and connecting the vital issues of immigration and homeland security, Magdalena Krajewska shows how national ID card proposals have been woven into political conflict across a variety of policy fields. Findings contradict conventional wisdom, debunking two common myths: that Americans are opposed to national ID cards and that American policymakers never propose national ID cards. Dr Krajewska draws on extensive archival research; high-level interviews with politicians, policymakers, and ID card technology experts in Washington, DC and London; and public opinion polls.

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.

This book analyses the major provisions of H.R. 418, which would, inter alia, (1) modify the eligibility criteria for asylum and withholding of removal; (2) limit judicial review of certain immigration decisions, (3) provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the US-Mexican border near San Diego; (4) expand the scope of terror-related activity making an alien inadmissible and deportable (removable), as well as ineligible for certain forms of relief from removal; and (5) require states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes (a bill by Representative Tom Davis, containing only the provisions relating to drivers' licenses and personal identification cards, has also been introduced as H.R. 368, the Driver's License Security and Modernisation Act). This book describes relevant current law relating to immigration and document-security matters, how H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law.

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and it's implementation. Focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) the book examines how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. For this reason, cause lawyers (those who use the law to empower others) have turned to constitutionalized human rights law. While many countries likely included such provisions in their constitutions without intending to fulfil their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book theorizes a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyses how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients.

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. As international migration continues to rise, sending states play an integral part in "managing" their diasporas, in some cases even stepping in to protect their citizens' labor and human rights in receiving states. At the same time, meso-level institutions-including labor unions, worker centers, legal aid groups, and other immigrant advocates-are among the most visible actors holding governments of immigrant destinations accountable at the local level. The potential for a functional immigrant worker rights regime, therefore, advocates to imagine a portable, universal system of justice and human rights, while simultaneously leaning on the bureaucratic minutiae of local enforcement. Taking Mexico and the United States as entry points, Scaling Migrant Worker Rights analyzes how an array of organizations put tactical pressure on government bureaucracies to holistically defend migrant rights. The result is a nuanced, multilayered picture of the impediments to and potential realization of migrant worker rights.

Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.

Can it be argued that there exists a concept of Nordic citizenship, founded on inter-Nordic cooperation and its relationship with EU law and EEA law? Researchers from all five Nordic States (Denmark, Finland, Iceland, Norway and Sweden) explore the tensions, gaps, and overlaps arising from the interplay of EU citizenship, EEA law, and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. The analysis takes a dual approach. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the rights of residence and access to social rights that follow from the three different regimes. It asks if the Nordic States, through their regional cooperation, are 'going beyond' EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive. This important new work gives a unique perspective on EU citizenship and free movement law.