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.

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.

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.

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.

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)

Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent ""liberal tide"" of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding of contemporary Latin America but also as a means of reorienting the debate in the migration studies field toward the important developments currently taking place in the region and in other parts of the global south. This book brings together eight varied and vibrant new analyses by scholars from Latin America and beyond to form the first collection that describes and critically examines the new liberalism in Latin American law and policy on migration and refugees.

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.

Here We Are is a heart-wrenching memoir about an immigrant family's American Dream, the justice system that took it away, and the daughter who fought to get it back, from NPR correspondent Aarti Namdev Shahani. The Shahanis came to Queens--from India, by way of Casablanca--in the 1980s. They were undocumented for a few unsteady years and then, with the arrival of their green cards, they thought they'd made it. This is the story of how they did, and didn't; the unforeseen obstacles that propelled them into years of disillusionment and heartbreak; and the strength of a family determined to stay together. Here We Are: American Dreams, American Nightmares follows the lives of Aarti, the precocious scholarship kid at one of Manhattan's most elite prep schools, and her dad, the shopkeeper who mistakenly sells watches and calculators to the notorious Cali drug cartel. Together, the two represent the extremes that coexist in our country, even within a single family, and a truth about immigrants that gets lost in the headlines. It isn't a matter of good or evil; it's complicated. Ultimately, Here We Are is a coming-of-age story, a love letter from an outspoken modern daughter to her soft-spoken Old World father. She never expected they'd become best friends.

How would we treat Paddington Bear if he came to the UK today? Perhaps he would be a casualty of extortionate visa application fees; perhaps he would experience a cruel term of imprisonment in a detention centre; or perhaps his entire identity would be torn apart at the hands of a hostile environment that delights in the humiliation of its victims. Britain thinks of itself as a welcoming country, but the reality is very different. This is a system in which people born in Britain are told in uncompromising terms that they are not British, in which those who have lived their entire lives on these shores are threatened with deportation, and in which falling in love with anyone other than a British national can result in families being ripped apart. Now fully updated to include the Nationality and Borders Bill, in this vital and alarming book, campaigner and immigration barrister Colin Yeo tackles the subject with dexterity and rigour, offering a roadmap of where we should go from here as he exposes the injustice of an immigration system that is unforgiving, unfeeling and, ultimately, failing.

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship effectively leave hundreds of thousands of people in Africa without a country. These stateless Africans can neither vote nor stand for office; they cannot enrol their children in school, travel freely, or own property; they cannot work for the government; they are exposed to human rights abuses. Statelessness exacerbates and underlies tensions in many regions of the continent.

Citizenship Law in Africa, a comparative study by two programs of the Open Society Foundations, describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalisation, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists. This third edition is a comprehensive revision of the original text, which is also updated to reflect developments at national and continental levels. The original tables presenting comparative analysis of all the continent's nationality laws have been improved, and new tables added on additional aspects of the law.

Since the second edition was published in 2010, South Sudan has become independent and adopted its own nationality law, while there have been revisions to the laws in Côte d'Ivoire, Kenya, Libya, Mali, Mauritania, Namibia, Niger, Senegal, Seychelles, South Africa, Sudan, Tunisia and Zimbabwe. The African Commission on Human and Peoples' Rights and the African Committee of Experts on the Rights and Welfare of the Child have developed important new normative guidance.

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.

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

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.

In 1996, powerful anti-immigrant forces in New Gingrich's 104th Congress worked hard to pass the most restrictive immigration law in decades. This law changed virtually every aspect of immigration policy, including the rules for political and religious refugees. It is not, however, as harsh a law as the chairmen of the committees wanted. A fascinating case study of the legislative process and the author's experience as a public lobbyist, A Well-Founded Fear tells how a coalition of human rights and refugee organisations fought to preserve the rights of refugees and asylum seekers.

(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain's colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs. -- .

Until the Amsterdam Treaty,law and policymaking in the field of immigration remained a national function, though in practice there was much co-operation (the so-called Third Pillar). Now these powers have been transferred to the European Community as First Pillar powers. Only Denmark, Ireland and the UK have opted out. This book looks at the likely effects of this substantial transfer of powers to the Community. How will the powers and responsibilities be divided? How should the powers be exercised? Will there be input from the public into policymaking? What role will Parliaments play? Will migrants suffer? The foremost scholars from many European countries try to answer these and other questions, offering a variety of legal and social viewpoints. Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner (Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford), Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn), John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera (Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll (Lund).

A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.

Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism. In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how 'terrorism' has featured in the UK's interpretation and application of the Refugee Convention's 'exclusion clause'. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office's exclusion unit and legal practitioners. She therefore provides an unprecedented and thorough analysis of the UK's approach to asylum seekers suspected of serious criminality.

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. -- .

Adding an important new dimension to the history of U.S.-Japan relations, this book reveals that an unofficial movement to promote good feeling between the United States and Japan in the 1920s and 1930s only narrowly failed to achieve its goal: to modify the so-called anti-Japanese exclusion clause of the 1924 U.S. immigration law.
It is well known that this clause caused great indignation among the Japanese, and scholars have long regarded it as a major contributing factor in the final collapse of U.S.-Japan relations in 1941. Not generally known, however, is that beginning immediately after the enactment of the law, private individuals sought to modify the exclusion clause in an effort to stabilize relations between the two countries. The issue was considered by American and Japanese delegates at almost all subsequent U.S.-Japan diplomatic negotiations, including the 1930 London naval talks and the last-minute attempts to prevent war in 1941.
However, neither the U.S. State Department nor the Japanese Foreign Office was able to take concrete measures to resolve the issue. The State Department wanted to avoid appearing to meddle with Congressional prerogatives, and the Foreign Office did not want to be seen as intruding in American domestic affairs. This official reluctance to take action opened the way for major efforts in the private sector to modify the exclusion clause.
The book reveals how a number of citizens in the United States--mainly clergy and business people--persevered in their efforts despite the obstacles presented by anti-Japanese feeling and the economic dislocations of the Depression. One of the notable disclosures in the book is that this determined private push for improved relations continued even after the 1931 Manchurian Incident.

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

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.