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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
How does a group that lacks legal status organize its members to
become effective political activists? In the early 2000s, Arizona's
campaign of "attrition through enforcement" aimed to make life so
miserable for undocumented immigrants that they would
"self-deport." Undocumented activists resisted hostile legislation,
registered thousands of new Latino voters, and joined a national
movement to advance justice for immigrants. Drawing on five years
of observation and interviews with activists in Phoenix, Arizona,
Kathryn Abrams explains how the practices of storytelling, emotion
cultures, and performative citizenship fueled this grassroots
movement. Together these practices produced both the "open hand"
(the affective bonds among participants) and the "closed fist" (the
pragmatic strategies of resistance) that have allowed the movement
to mobilize and sustain itself over time.
Internally Displaced Persons (IDPs) are persons who have been
forced to leave their places of residence as a result of armed
conflict, violence, human rights violations, or natural or
human-made disasters, but who have not crossed an international
border. There are about 55 million IDPs in the world today,
outnumbering refugees by roughly 2:1. Although IDPs and refugees
have similar wants, needs and fears, IDPs have traditionally been
seen as a domestic issue, and the international legal and
institutional framework of IDP protection is still in its relative
infancy. This book explores to what extent the protection of IDPs
complements or conflicts with international refugee law. Three
questions form the core of the book's analysis: What is the legal
and normative relationship between IDPs and refugees? To what
extent is an individual's real risk of internal displacement in
their country of origin relevant to the qualification and cessation
of refugee status? And to what extent is the availability of IDP
protection measures an alternative to asylum? It argues that the
IDP protection framework does not, as a matter of law, undermine
refugee protection. The availability of protection within a country
of origin cannot be a substitute for granting refugee status unless
it constitutes effective protection from persecution and there is
no real risk of refoulement. The book concludes by identifying
current and future challenges in the relationship between IDPs and
refugees, illustrating the overall impact and importance of the
findings of the research, and setting out questions for future
research.
Policing the Borders Within offers an in-depth, comprehensive
exploration of the everyday working of inland border controls in
Britain, informed by extensive empirical material viewed through
the lens of wide-ranging interdisciplinary debates. In particular,
this book examines afresh the relationship between policing,
borders, and social order, in terms of migration policing. By
charting this new landscape of everyday contemporary policing, this
book's main goal is to advance understanding of novel forms of law
enforcement in a global age. These new forms of collaboration
direct attention to the way in which frontline enforcement agents,
through their everyday work, not only enforce the border, but
recreate it. As the book argues, the emphasis on borders and
migration controls and the growing importance of it within inland
policing is a symptom of the new demands and challenges facing the
state in exercising authority in a fast-moving, interconnected
world, and its attempt to offer a semblance of order. Such
challenges result in practice of random, capricious, informal, and
arbitrary operation of power, which relies on non-rational elements
to solve policing problems. Through an ethnography of the worlds of
police and immigration officers, this book dissects the ethical,
political, legal, and social dilemmas, and explores the tensions
and contradictions of maintaining order in a deeply unequal
globalized world. The new impetus to police migration is an
insightful entry point to understand law enforcement in a global
age.
Immigration detention is considered by many states to be a
necessary tool in the execution of immigration policy. Despite the
apparently key role it plays in immigration enforcement, the law on
immigration detention is often vague, especially in relation to
determining the circumstances under which prolonged detention
remains lawful. As a result, the courts are frequently called upon
to adjudicate these matters, with scant legal tools at their
disposal. Though there have been some significant judgments on the
legality of detention at the constitutional level, the extent to
which these judgments have had an impact at the lower end of the
judiciary is unclear. Indeed, it is the lower courts which are
tasked with judging the legality of detention through habeas corpus
or judicial review proceedings. This book examines the way this has
occurred in the lower courts of two jurisdictions, the UK and the
US, and contrasts this practice not only in those jurisdictions,
but with judgments rendered by the Court of Justice of the European
Union, a constitutional court at the other end of the judicial
spectrum whose judgments are applied by courts and tribunals in the
EU Member States. Although these three jurisdictions use similar
tests to evaluate the legality of detention, case outcomes
significantly differ. Many factors contribute to this divergence,
but key among them is the role that fundamental rights protection
plays in each jurisdiction. Through a forensic evaluation of 191
judgments, this book compares the laws on detention in the UK, US
and EU, and makes recommendations to these jurisdictions for
improvement.
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