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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
An expert examination of U.S. immigration law and its various reforms from 1965 to the present. U.S. Immigration: A Reference Handbook is an authoritative, timely, and balanced review of immigration law in the United States. This title ranges from the "Kennedy" law of 1965 to the recent restructuring of the Immigration and Naturalization Service as a part of the creation of the new Department of Homeland Security. The work offers a clear look at historic and ongoing immigration problems in the United States and the reforms enacted to address them. It provides insightful summaries of key statutes and landmark court cases, as well as biographical profiles of the principal players in U.S. immigration policy. Coverage includes problems within our borders such as legal and political attempts to control illegal immigration, to global concerns including terrorism, epidemics, and economic and trade issues. Provides biographical sketches of both governmental and nongovernmental figures involved in U.S. immigration policy reform such as Doris Meissner and Lydio Tomasi Summarizes every key U.S. law and court decision concerning immigration since 1965 including the Immigration Acts of 1990 and 1996 as well as the Immigration Reform and Control Act of 1986
A fundamental resource for anyone interested in the long-term ramifications of the European migration crisis, this book objectively assesses how Europe's future course will be impacted by the key security, political, and economic trends and events stemming from the migration crisis. The November 13, 2015 Paris terrorist attacks marked the definitive moment when the migration crisis became associated with terrorism, stoking an increasingly heated debate over the perceived dangers of migration, Islam, and extremist politics in Europe. The sudden emergence of migration as the mobilizing factor for European security, political discourse, and socio-economic realities has profoundly affected Europe's contrasting perceptions of its own identity and values, precipitating an increasingly global response to tackling migration challenges in Europe and worldwide. Migration, Terrorism, and the Future of a Divided Europe: A Continent Transformed chronicles the turbulent events of the 2015-2016 migration crisis, creating a context in which future political, economic, social, and security trends in Europe can be understood. The study also examines in detail the deep history of the ideological origins and histories of treaties and policies that have defined the European Union and its guidance of the crisis. Readers will gain insight into the origins, factual realities, and projected ramifications for the continent's future security, politics, and socio-economic identity; the impact of media coverage on public perception; the differing policies and rhetoric of rival right- and left-wing parties in Europe; and the new security threats arising from a widened terrorist threat matrix that will comprise new targets, methods, and logistics. Finally, the book outlines the larger policy actions and trends expected, on the global level, towards handling future migration crises, and explains how this will have an impact on Europe. This important new work is the cumulative result of author Chris Deliso's extensive academic background in European history and thought; his on-the-ground presence in the target region before, during, and after the crisis; and his interviews with security officials, diplomatic figures, and practitioners directly involved with shaping the policies that were visible during the crisis. Offering a broad historical context, the text portrays the current crisis within the context of a much longer institutional and ideological divide that has existed in Europe and shaped policies for almost a century. Presents a contextualized, multidisciplinary study of the migrant crisis that covers everything from organized crime and terrorism to media ethics, economic aspects, and the history of ideas Discusses U.S. security and economic interests in Europe, how these interests will be impacted by the crisis, and measures the United States is likely to take to confront challenges Provides insights from an author and journalist who has 15 years of regional experience, has an academic background in European history, and has interviewed European decision makers and practitioners involved with handling the crisis
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada.
The Trump administration's war on asylum and what Congress and the Biden administration can do about it Donald Trump's 2016 campaign centered around immigration issues such as his promise to build a border wall separating the US and Mexico. While he never built a physical wall, he did erect a legal one. Over the past three years, the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers. If left unchecked, these policies will effectually lead to the end of asylum, turning the United States-once a global leader in refugee aid-into a country with one of the most restrictive asylum systems. In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system. Beginning with the Refugee Act of 1980, they describe how Congress adopted a definition of refugee based on the UN Refugee Convention and prescribed equitable and transparent procedures for a uniform asylum process. The authors then chart the evolution of this process, showing how Republican and Democratic administrations and Congresses tweaked the asylum system but maintained it as a means of protecting victims of persecution-until the Trump administration. By expanding his executive reach, twisting obscure provisions in the law, undermining past precedents, and creating additional obstacles for asylum seekers, Trump's policies have effectively ended asylum. The book concludes with a roadmap and a call to action for the Biden administration and Congress to repair and reform the US asylum system. This eye-opening work reveals the extent to which the Trump administration has dismantled fundamental American ideals of freedom from persecution and shows us what we can do about it.
This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: - to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; - to develop a comprehensive and original account of empirical problems on the application of proportionality; - to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Informed by witness testimonies, Eurafrican Migration details how the perilous journeys undertaken by irregular migrants are enabled by complex networks of guides during the Sahara phase, and explores the relationship between migrants and the criminal groups who arrange for them to be transported across the sea to southern Europe.
Immigration has been a controversial and contentious area of public policy since the Commonwealth Immigration Act ended most primary immigration in 1962. This study looks in detail at the work of practioners in the court-system that hears appeals from immigrants and asylum seekers against decisions made by the British Government. The book contains chapters about decision making in primary purpose and the asylum appeals, the administrative problems faced by successive British governments, and the perspectives of pressure groups and politicians. The British Immigration Courts transforms our understanding of immigration as a political issue through preserving a sense of routine work in the courts, civil service and political process which is ignored or idealised by other approaches. It is essential reading for practioners, academics and students interested in current debates about policy.
This book focuses on a series of judgments by the UK's Supreme Court on the application of the right to respect for family life, contained in article 8 ECHR, to immigration decisions. These judgments have required the government to amend several aspects of its family migration policy and have become the centre of legal and political controversy, raising questions about the judicial function in a modern democracy, the influence on the legal system of European human rights law and the difficulties of controlling immigration in a globalised world. They have drawn judges into new territory and there is evidence that the senior judiciary is itself divided. Meanwhile, attempts by the government to reverse these judgments through rule changes and legislative amendment have added new layers to an already complex legal framework. In so doing, the book explains why the relationship between Article 8 and immigration is so legally and political complicated.
Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here - on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance - are important for broader understandings of border control policy and human rights.
This book sheds light on the complex experiences of asylum seekers and refugees in Poland, against a local backdrop of openly anti-refugee political narratives and strong opposition to sharing the responsibility for, and burden of, asylum seekers arriving in the EU. Through a multidimensional analysis, it highlights the processes of forced migrant admission, reception and integration in a key EU frontier country that has undergone a rapid migration status change from a transit to a host country. The book examines rich qualitative material drawn from interviews conducted with forced migrants with different legal statuses and with experts from public administration at the central and local levels, NGOs, and other institutions involved in migration governance in Poland. It discusses both opportunities for and limitations on forced migrants' adaptation in the social, economic, and political dimensions, as well as their access to healthcare, education, the labour market, and social assistance. This book will be of particular interest to scholars, students, policymakers, and practitioners in migration and asylum studies, social policy, public policy, international relations, EU studies/European integration, law, economics, and sociology.
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)
This book provides an in-depth and timely analysis of the member states' compliance patterns with the key European Union Anti-Discrimination Directives. It examines the various structural, administrative, and individual aspects which significantly affect the degree and the nature of compliance patterns in select European Union member states.
In this book, Mary McThomas examines how individuals can claim their own subjecthood while still evading the identity-forming powers of state surveillance. Building on post-colonial theories, Queer theories, and surveillance studies, McThomas analyzes how the creation of categories and identities can serve as a form of control or, conversely, can be used as a form of resistance. In doing so, she discusses ways in which state power is extended or frustrated, and the way in which the unauthorized resident shapes public discourse and policy. Featuring over 100 hours of committee meetings, public hearings, and legislative floor debates on sanctuary cities in the United States, McThomas argues for policies that recognize and protect residents while allowing them to remain invisible to federal immigration enforcement officers. She locates sites of contestation and potential points of resistance that allow for individuals to self-create their identities free from state intervention. It is these sites and practices that help to subvert the state's monopoly on determining which bodies matter and which stories are heard. Elusive Subjects: Immigrant Recognition and Legitimation in Modern Surveillance States will appeal to scholars and instructors in the fields of citizenship studies, surveillance studies, immigration policy, and migration studies.
This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
Forced migration is a global issue. About 34 million of the world's inhabitants were identified in 2010 by the United Nations High Commissioner for Refugees as either refugees, internally displaced persons, asylum seekers or stateless people. Systematic inquiries are urgently needed to understand and improve the circumstances in which these people live, and to guide national and international policies and programs. However, there are many ethical complications in conducting research with uprooted people, who have often been exposed to persecution and marginalisation in conflict situations, refugee camps, immigration detention settings, and following resettlement. This book brings together for the first time key scholars across a range of disciplines including anthropology, bioethics, public health, criminology, psychology, socio-linguistics, philosophy, psychiatry, social policy and social work to discuss the ethical dimensions, challenges and tensions of such research. It encompasses the theoretical, conceptual, practical, and applied aspects of research ethics, while integrating different disciplinary perspectives. It is intended as a resource not only for researchers, students and practitioners but also for those conducting cross-cultural research more broadly. Many of its arguments, examples and concerns are pertinent to research with other vulnerable or marginalised populations.
Refugees have moved into the spotlight of public debate in Europe and North America, where they are targeted by multiple welfare state interventions. This volume analyses the tensions that emerge within the strong welfare states of Northern Europe when faced with an increased immigration of protection-seeking people. Examining the encounter between refugees and the welfare states, this book explores the daily strategies and experiences of newly settled groups and the role of media discourses and welfare policies in shaping those experiences. Building on both textual analyses and ethnographic fieldwork in welfare institutions, asylum centres, and refugee communities, this volume provides an in-depth understanding of the complex realities faced by refugees: deterrence and categorisation, struggle and success, mobility and stagnation. As social phenomena, Northern Europe's asylum systems and integration programmes must be understood in the context of the bureaucratisation of everyday life. -- .
ExecVisa published the ExecVisa book on how you go about obtaining many types of visa that allow you to work or do business legally in USA. This invaluable guide book has been published in a variety of languages (in both print and ebook versions). The book is an easy to read and understand guide. It explains what's needed to secure a US visa to meet the immigrant's needs. If you are an immigrant, it tells you what you require to know and have for discussion with your immigration lawyer. This saves you a great amount of your time and your money. It cuts down on expensive legal fees and speeds up the process. The book is wide-ranging without being exhaustive. Invaluable guidelines It supplies you with invaluable guidelines and includes 8 ways to work or do business legally in USA and 6 ways to stay in USA permanently (Green Card eligibility - unfamiliar to you). Non-nationals have a keen interest in entrepreneurship/start-up in USA. To further assist them to achieve their aims we include in the book an extra bonus. It contains most helpful chapters on Intellectual Property matters, in the US and elsewhere: Trade marks - invaluable guidelines if you are bringing/launching branded product/services in the US and elsewhere. Patents - If you are an innovator/inventor, unlock your ideas and turn them into profitable reality. This book describes the invaluable steps from concept to applying for a patent.
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.
WhenJusticeandHomeAffairscooperationwasofficiallyintroducedintheEu- peanlegal orderby theTreaty ofMaastricht, severalnewpolicy fields slowly enteredEuropeanlaw: asylumandimmigrationlaw, criminallaw, policestudies. SincetheTreatyofAmsterdamthisnewpolicyareaisreferredtoastheAreaof Freedom, SecurityandJustice. Ithasbeendividedintotwomainsubjects: b- ders, visa, asylumandimmigration, andcivillawinthefirstpillar;andpoliceand judicialcooperationinthethirdpillar. Importantelementsarecommoncontrolsattheexternalbordersfollowingthe abolishmentofinternalcontrols. Asaconsequenceofthecompletionoftheint- nalmarketacommonvisa, asylumandimmigrationpolicyhasbeenputinplace. PolicecooperationbetweennationalauthoritiesandinthecontextofEuropolisan importanttoolforguaranteeingadequatesecurityconditionsforcitizensofthe MemberStates. Criminallawcooperationisnecessarytocombatcrime. ThroughtheTampereProgrammeof1999, theAreawasdevelopedatare- tivelyhighspeed. Eventssuchas11September2001and11March2004have illustratedtheneedandurgencyforclosecooperationincriminallawthroughout Europe, notleasttocombatterrorism. InNovember2004, theEuropeanCouncil launchedthefollow-upprogrammeof'Tampere' theHagueProgramme, along withadetailedActionPlaninJune2005. ThedepartmentofEuropeanLawoftheLawSchoolofErasmusUniversity RotterdamhasfromthebeginningtakentheAreaofFreedom, SecurityandJ- ticeasoneofthefocalpointsofitsresearch. Oneoftheachievementswasthe publicationofahandbookbyDeZwaanandBultena: RuimtevanVrijheid, Veil- heidenRechtvaardigheid AreaofFreedom, SecurityandJustice], in2002. A specialcourseforstudentsofcriminologyandDutchlawistaughtattheLaw Schoolaswell, andthesubjectispartoftheresearchintheResearchSchoolfor SafetyandSecurityinSocialIssues(OnderzoeksschoolMaatschappelijkeVeil- heid). InviewofthisfocusontheAreaofFreedom, SecurityandJustice, andinview ofthepotentiallyfar-reachinginfluenceoftheHagueProgrammefortheEu- peancitizens, thedepartmentofEuropeanLaworganizedatwodaysinternational conferenceon23and24June2005inRotterdam, withover120participantsfrom alloverEurope. Prominentspeakersfrompolitics(EuropeanCommissionerFr- tini, DutchMinisterofJusticeDonner), thecivilservice(fromtheEuropeanC- mission, fromtheCouncil, andfromnationalministries), nongovernmentalor- nizations, and from the academic world (speakers from Turkey, the UK, and Germany for instance) discussed the new developments from many different angles. VIII Thisbookrepresentsthereflectionoftheconference: manyspeakersandp- ticipantscooperatedtoproducethisfirstevaluationoftheHagueProgramme. In viewofitsdifferentcharacteronlycivillawcooperationisnotcoveredinthis publication. WewouldliketothankLauraSchepersfortakingcareofallthedetailsinthe texts, andPeterMorrisforfine-tuningthelanguage. Wecouldnothaveorganized theconferencewithoutthehelpofNathalieWeberandAnnetSchuurmanofour conferencebureau. Rotterdam, May2006 JaapdeZwaan FloraGoudappel IX TableofContents Summaryofcontents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII Listofabbreviations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV Introductoryspeeches Piet-HeinDonner TheHagueProgramme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 FrancoFrattini TheHagueProgramme: ourfutureinvestmentindemocraticstabilityand democraticsecurity. . . . . . . . . . . . . . .
Europe has finally started to debate migration. A timely debate indeed, as many migrants have over the last 30 years entered the European Union without the cover of a proper and well-defined policy. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy. It provides an overview of EU instruments in an accessible and transparent manner, pays due attention to EC Commissioner Vitorino's communication on migration and his call for a debate; reproduces relevant non-European international (UN) instruments; moreover includes an overview of the context and contents of the most hotly-contested issues: ageing and demography, globalization, illegal migration, trafficking and family reunification. This handbook should be considered an extremely useful tool, if not indispensable, for the executive, students, policy makers, the media and all others interested in this exceedingly important topic. Dr Van Krieken is actively involved in European migration, refugee and asylum policy issues under CIREA, Phare assessment missions and related Twinning, Odysseus and Horizontal Programmes |
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