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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
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.
The Immigration Act of 1965 was one of the most consequential laws
ever passed in the United States and immigration policy continues
to be one of the most contentious areas of American politics. As a
"nation of immigrants," the United States has a long and complex
history of immigration programs and controls which are deeply
connected to the shape of American society today. This volume makes
sense of the political history and the social impacts of
immigration law, showing how legislation has reflected both
domestic concerns and wider foreign policy. John S. W. Park
examines how immigration law reforms have inspired radically
different responses across all levels of government, from
cooperation to outright disobedience, and how they continue to
fracture broader political debates. He concludes with an overview
of how significant, on-going challenges in our interconnected
world, including "failed states" and climate change, will shape
American migrations for many decades to come.
In The Oxford Handbook of the Politics of International Migration,
leading migration experts Marc Rosenblum and Daniel Tichenor gather
together 29 field specialists in an authoritative volume on the
issue. Integrating the perspectives of the wide variety of fields
that hold a stake in the study of migration-political science,
sociology, economics, anthropology-this book presents an
unprecedented interdisciplinary look at an issue that defines the
modern era: the large-scale movement of people across international
borders. The volume begins with three chapters analyzing the
origins and causes of migration, including both source and
destination states. The second section then asks: what are the
consequences of migration at both ends of the migration chain?
Chapters in this section consider economics, the effects of
migration on parties and political participation, and social and
cultural effects. A third group of chapters focuses on immigration
policy. These include primers on the history and dimensions of
migration policy, as well as examinations of the effects of public
opinion, interest groups, and international relations on
policymaking. The volume then considers aspects of the immigrant
experience: segmented assimilation among Asian Americans, histories
of U.S. immigrant incorporation and of race and migration,
transnationalism, and gendered aspects of migration. Finally, five
chapters examine contemporary issues, including transborder crime
and terrorism, migration and organized labor, international
regionalism, normative debates about citizenship and immigration,
and the recent history of U.S. immigration policymaking. Covering
the major questions and challenges related to the issue, The Oxford
Handbook of the Politics of International Migration is a
comprehensive resource for students, scholars, and policy experts
alike.
Us and Them? explores the distinction between migrant and citizen
through using the concept of 'the community of value'. The
community of value is comprised of Good Citizens and is defined
from outside by the Non-Citizen and from the inside by the Failed
Citizen, that is figures like the benefit scrounger, the criminal,
the teenage mother etc. While Failed Citizens and Non-Citizens are
often strongly differentiated, the book argues that it is
analytically and politically productive to consider them together.
Judgments about who counts as skilled, what is a good marriage, who
is suitable for citizenship, and what sort of enforcement is
acceptable against 'illegals', affect citizens as well as migrants.
Rather than simple competitors for the privileges of membership,
citizens and migrants define each other through sets of relations
that shift and are not straightforward binaries. The first two
chapters on vagrancy and on Empire historicise migration management
by linking it to attempts to control the mobility of the poor. The
following three chapters map and interrogate the concept of the
'national labour market' and UK immigration and citizenship
policies examining how they work within public debate to produce
'us and them'. Chapters 6 and 7 go on to discuss the challenges
posed by enforcement and deportation, and the attempt to make this
compatible with liberalism through anti-trafficking policies. It
ends with a case study of domestic labour as exemplifying the ways
in which all the issues outlined above come together in the lives
of migrants and their employers.
Why do decision-makers in similar liberal democracies interpret the
same legal definition in very different ways? International law
provides states with a common definition of a 'refugee' as well as
guidelines outlining how asylum claims should be decided. Yet, the
processes by which countries determine who should be granted
refugee status look strikingly different, even across nations with
many political, cultural, geographical, and institutional
commonalities. This book compares the refugee status determination
(RSD) regimes of three popular asylum seeker destinations - the
United States, Canada, and Australia. Despite similarly high levels
of political resistance to accepting asylum seekers across these
three states, once asylum seekers cross their borders, they access
three very different systems. These differences are significant
both in terms of asylum seekers' experience of the process and in
terms of their likelihood of being found to be a refugee.
The book moves beyond the claim by some scholars that asylum seeker
destinations are uniformly becoming more exclusionary, and the
contrary assertions of other scholars that the same destinations
are converging on a new inclusive internationalism leading to the
decline of state sovereignty. Instead, Hamlin finds these states to
be running on three distinct trajectories, none of which are
totally restrictive or expansive. Based on a multi-method analysis
of all three countries, including a year of fieldwork with in-depth
interviews of policy-makers and asylum-seeker advocates,
observations of refugee status determination hearings, and a
large-scale case analysis, Hamlin finds that cross-national
differences have less to do with political debates over admission
and border control policy than with the level of insulation the
administrative decision-making agency enjoys from either political
interference or judicial review. Administrative justice is
conceptualized and organized differently in every state, and so
states vary in how they draw the line between refugee and
non-refugee.
In this rich study, Roxana Barbulescu examines the transformation
of state-led immigrant integration in two relatively new
immigration countries in Western Europe: Italy and Spain. The book
is comparative in approach and seeks to explain states' immigrant
integration strategies across national, regional, and city-level
decision and policy making. Barbulescu argues that states pursue no
one-size-fits-all strategy for the integration of migrants, but
rather simultaneously pursue multiple strategies that vary greatly
for different groups. Two main integration strategies stand out.
The first one targets non-European citizens and is assimilationist
in character and based on interventionist principles according to
which the government actively pursues the inclusion of migrants.
The second strategy targets EU citizens and is a laissez-faire
scenario where foreigners enjoy rights and live their entire lives
in the host country without the state or the local authorities
seeking their integration. The empirical material in the book,
dating from 1985 to 2015, includes systematic analyses of
immigration laws, integration policies and guidelines, historical
documents, original interviews with policy makers, and statistical
analysis based on data from the European Labor Force Survey. While
the book draws on evidence from Italy and Spain in an effort to
bring these case studies to the core of fundamental debates on
immigration and citizenship studies, its broader aim is to
contribute to a better understanding of state interventionism in
immigrant integration in contemporary Europe. The book will be a
useful text for students and scholars of global immigration,
integration, citizenship, European integration, and European
society and culture.
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.
Spain and Italy have recently become countries of large-scale
immigration. This provocative book explores immigration law and the
immigrant experience in these southern European nations, and
exposes the tension between the temporary and contingent legal
status of most immigrants, and the government emphasis on
integration. This book reveals that while law and the rhetoric of
policymakers stress the urgency of integration, not only are they
failing in that effort, but law itself plays a role in that
failure. In addressing this paradox, the author combines
theoretical insights and extensive data from myriad sources
collected over more than a decade to demonstrate the connections
among immigrants' role as cheap labor - carefully inscribed in law
- and their social exclusion, criminalization, and racialization.
Extrapolating from this economics of alterite, this book engages
more general questions of citizenship, belonging, race and
community in this global era.
Immigration is right at the top of the political agenda right now (cf. France, Germany, and Australia). This book draws together and unifies analysis of immigration into the major EU countries and the US, presenting in an accessible and clear way the major trends and dramatic developments of the past decade. While the influence of the welfare state on immigration incentives is a key issue, various other influences on both legal and illegal migration are analysed, together with the implications of migration for the market outcomes on these two continents.
This volume brings together eleven articles by a distinguished
medieval scholar. The major emphasis is on legal thought that
resulted from the revival of Roman law at Bologna and on the
influence this thought had on medieval "constitutionalism."
Includes such important studies as "A Romano-Canonical Maxim, Quod
Omnes Tangit, in Bracton," and "Status Regis and Lestat du Roi in
the Statute of York." Originally published in 1964. The Princeton
Legacy Library uses the latest print-on-demand technology to again
make available previously out-of-print books from the distinguished
backlist of Princeton University Press. These editions preserve the
original texts of these important books while presenting them in
durable paperback and hardcover editions. The goal of the Princeton
Legacy Library is to vastly increase access to the rich scholarly
heritage found in the thousands of books published by Princeton
University Press since its founding in 1905.
Unlike the 1930s, when the United States tragically failed to open
its doors to Europeans fleeing Nazism, the country admitted over
three million refugees during the Cold War. This dramatic reversal
gave rise to intense political and cultural battles, pitting
refugee advocates against determined opponents who at times
successfully slowed admissions. The first comprehensive historical
exploration of American refugee affairs from the midcentury to the
present, Americans at the Gate explores the reasons behind the
remarkable changes to American refugee policy, laws, and programs.
Carl Bon Tempo looks at the Hungarian, Cuban, and Indochinese
refugee crises, and he examines major pieces of legislation,
including the Refugee Relief Act and the 1980 Refugee Act. He
argues that the American commitment to refugees in the post-1945
era occurred not just because of foreign policy imperatives during
the Cold War, but also because of particular domestic developments
within the United States such as the Red Scare, the Civil Rights
Movement, the rise of the Right, and partisan electoral politics.
Using a wide variety of sources and documents, Americans at the
Gate considers policy and law developments in connection with the
organization and administration of refugee programs.
This book analyzes the vulnerabilities and inefficiencies
associated with international labor migration from the Kyrgyz
Republic brought to light by the COVID-19 pandemic and proposes
policy options to address them.
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