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.

Everyone has the right to seek asylum under international law, but public discourse in Australia about refugees is dominated by scare-mongering and political point-scoring. The government seeks to 'stop the boats' whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia's policies towards refugees have hardened since their previous bestselling book was published five years ago. Now, Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Clearly and carefully, they explain who a refugee is, what rights refugees have under international law, and whether Australia's policies on offshore processing, detention, boat turnbacks and so on violate Australia's obligations under international law. The book also outlines what a human rights-based protection framework might look like and how Australia could show greater global leadership on refugee issues, so as to expand the protection space available to refugees in the Asia-Pacific region. McAdam and Chong trace the ways in which draconian domestic laws enacted over recent years blatantly contravene international law -obligations that Australia has voluntarily signed up to. People seeking asylum, especially those held indefinitely on Manus Island and Nauru, have been broken as a result. The crucial information and depth of understanding this book offers has never been more urgent. Key focal points: Refugee Rights and Policy Wrongs is the most current book on the topic, and includes the so-called medevac legislation that became law on 1 March 2019. Includes full discussion of more recent developments such as Operation Sovereign Borders, with its focus on boat turnbacks, which are shrouded in secrecy. Covers the issue of whether refugees can bring their cases to Australian courts under the provisions of international law.

This volume engages human rights, domestic immigration law, refugee policy in the United States, Canada, and Europe, and scholarship to examine forced migration, refugee resettlement, asylum seeker experiences, policies and programs for refugee well-being in North America and Europe. Given the recent "re-politicization" of forced migration and refugees in Europe and the U.S., this edited collection presents an in-depth, multi-dimensional analysis of the history of policies and laws related to the status of refugees and asylum seekers in the U.S., Canada, and Europe and the challenges and prospects of refugee and asylum seeker assistance and integration in the 21st century. The book provides rich insights on institutional perspectives critical to understanding the politics and practices of refugee resettlement and the asylum process in the U.S., Canada, and Europe, including international human rights and humanitarian law as well as domestic laws and policies related to forced migrants. Issues addressed include social welfare supports for resettled refugees; culturally responsive health and mental health approaches to working with refugees and asylum seekers; systemic failures in the asylum processing systems; and rights-based approaches to working with forced migrant children. The book also examines policy developments and strategies to advance the well-being and social inclusion of refugees in the U.S. and Europe. Provides 12 contributed chapters covering the legal, historical, and contemporary issues facing refugees and asylum seekers in the U.S., Canada, and Europe Includes several case studies from individuals who came to the U.S. as refugees from a range of other nations Covers the medical, mental health, and social issues faced by new refugees and asylum seekers Discusses the fraught politics of creating just policies for forced migrants in North America and Europe

U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA). The United States has long distinguished temporary immigration from permanent immigration. Temporary immigration occurs through the admission of visitors for specific purposes and limited periods of time. Permanent immigration occurs through family- and employer-sponsored categories, the diversity immigrant visa lottery, and refugee and asylee admissions. This book looks at key issues concerning visas.

The Immigration and Nationality Act (INA) authorizesaand in some cases requiresathe Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. This book focuses on current topics concerning immigration detention and enforcement.

The law and practice in this work is that at 10th] anuary 1978. To complete this work in Autumn 1977, as originally intended, was impossible. Principally, this has been due to the changes in the Finance Act 1977, the various mini budgets and the exchange control changes, many of which are relevant to the subject matter of this work. Gratitude is expressed to the publishers for their patience. The Revenue has just revised its useful practice notes, IR 25 1977, dealing with the taxation of foreign earnings. The new IR 25 1977 modifies only slightly the IR 25 in Appen dix4. It will be appreciated that in this work it is impossible to provide for exhaustive treatment of all the taxes. Complexity in some places has been set aside for simplicity and clarity. Any such selectivity consisting of various emphases and omissions rests solely on fallible judgment. It is hoped that some light nevertheless is cast on the basic facets relevant to migrants. Too often these facets are not dealt with appropriately, dealt with separately without any co-ordination or submerged in a plethora of exotic detail of interest to academics and theoreticians only. Further reading is suggested in the Bibliography. Many thanks for assistance, constructive suggestions and encouragement are due (in no particular order) to Dr. J. Barry Bracewell-Milnes of Erasmus University Rotterdam, Dr. Nico Nobel of Nobel & Van WierstBV, Dr. Albert Radler, Edode V ries of Gray's Inn and] eremy Lamb of Comprehensive Financial Services."

Individuals apprehended by the Department of Homeland Security and placed into expedited immigration proceedings are to be removed from the country without a hearing in immigration court unless they express an intention to apply for asylum, or a fear of persecution, torture, or return to their country. Chapter 1 examines (1) USCIS and EOIR data on fear screenings, (2) USCIS policies and procedures for overseeing fear screenings, and (3) USCIS and EOIR processes for workload management. Customs and Border Protection (CBP) temporarily holds individuals in its facilities and processes them for further action, such as release or transfer to ICE. ICE manages the nation's immigration detention system. ICE utilizes various facility types to detain individuals, such as those owned and operated by ICE and contract facilities. Chapter 2 examines (1) what available data indicate about pregnant women detained or held in DHS facilities, (2) DHS policies and standards that address the care of pregnant women, and (3) what is known about the care provided to pregnant women in DHS facilities. Unauthorized migration across the U.S. Southwest border poses considerable challenges to federal agencies that apprehend and process unauthorized migrants (aliens) due to changing characteristics and motivations of migrants in the past few years as reported in chapter 3. Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) experienced a significant increase in the number of individuals apprehended at or between U.S. ports of entry along the southwest border. To help address this issue, in May 2019, CBP determined it needed a temporary soft-sided facility for processing and holding single adults in the El Paso Border Patrol sector as discussed in chapter 4.

With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" - the criminalization of migration - from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.

"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University's asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.

Irregular migrants complicate the boundaries of citizenship and stretch the parameters of political belonging. Comprised of refugees, asylum seekers, "illegal" labor migrants, and stateless persons, this group of migrants occupies new sovereign spaces that generate new subjectivities. Investigating the role of irregular migrants in the transformation of citizenship, Anne McNevin argues that irregular status is an immanent (rather than aberrant) condition of global capitalism, formed by the fast-tracked processes of globalization.

McNevin casts irregular migrants as more than mere victims of sovereign power, shuttled from one location to the next. Incorporating examples from the United States, Australia, and France, she shows how migrants reject their position as "illegal" outsiders and make claims on the communities in which they live and work. For these migrants, outsider status operates as both a mode of subjectification and as a site of active resistance, forcing observers to rethink the enactment of citizenship. McNevin connects irregular migrant activism to the complex rescaling of the neoliberal state. States increasingly prioritize transnational market relations that disrupt the spatial context for citizenship. At the same time, states police their borders in ways that reinvigorate territorial identities. Mapping the broad dynamics of political belonging in a neoliberal era, McNevin provides invaluable insight into the social and spatial transformation of citizenship, sovereignty, and power.

In January and March 2017, the President issued a series of executive orders related to border security and immigration. The orders direct federal agencies to take a broad range of actions with potential resource implications. For example, Executive Order 13767 instructs DHS to construct a wall or other physical barriers along the U.S. southern border and to hire an additional 5,000 U.S. Border Patrol agents. Executive Order 13768 instructs federal agencies, including DHS and DOJ, to ensure that U.S immigration law is enforced against all removable individuals and directs ICE to hire an additional 10,000 immigration officers. Executive Order 13780 directs agencies to develop a uniform baseline for screening and vetting standards and procedures; and established nationality-based entry restrictions with respect to visa travelers for a 90-day period, and refugees for 120 days. For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. Federal immigration laws set forth procedures governing the exclusion and removal of non-U.S. nationals (aliens) who do not meet specified criteria regarding their entry or presence within the United States. Typically, aliens within the United States may not be removed without due process

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.

For several years, some Members of Congress have favoured "comprehensive immigration reform" (CIR), a label that commonly refers to omnibus legislation that includes increased border security and immigration enforcement, expanded employment eligibility verification, revision of non-immigrant visas and legal permanent immigration, and legalisation for some unauthorised aliens residing in the country. Leaders in both chambers have identified immigration as a legislative priority in the 113th Congress. While Members of the House reportedly have considered several different approaches to immigration reform during the spring of 2013, debate in the Senate has focused mainly on a single CIR bill: the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). This book summarises major provisions of S. 744, as reported by the Senate Judiciary Committee. It also discusses H.R. 1417, as reported by the House Homeland Security Committee, a bill that focuses more narrowly on border security strategies and metrics. The analysis focuses on eight major policy areas that encompass the U.S. immigration debate: comprehensive reform "triggers" and funding; border security; interior enforcement; employment eligibility verification and worksite enforcement; legalisation of unauthorised aliens; immigrant visas; non-immigrant visas; and humanitarian provisions. This book provides a detailed discussion of major legislation related to each of these issues.

This book addresses the new elements and legal issues pertaining to immigration enforcement in the United States. Topics include the scope of prosecutorial discretion in immigration enforcement; a look at whether administrative amnesty harms our efforts to gain and maintain operational control of the borders; defining and quantifying the criminal alien population and enforcement statistics; the various authorities governing immigration detainers and key legal issues; authority of the state and local police to enforce federal immigration law; the Supreme Court's ruling in Arizona v. United States and the implications for immigration enforcement activity by states and localities; immigration-related worksite enforcement performance measures; and border security and immigration enforcement between ports of entry.

In the debate over U. S. immigration, all sides now support policy and practice that expand the parameters of enforcement. While immigration control forces lobby for intensifying enforcement for reasons that are transparently connected to their policy agenda, and pro-immigration forces favor the liberalization of migrant flows and more fluid labor market regulation, these transformations, meant to grow global trade and commerce networks, also enlarge the extralegal (or marginally legal) discretionary powers of the state and encourage a more enforcement-heavy governing agenda.

Philip Kretsedemas examines these developments from several different perspectives; exploring recent trends in U.S. immigration policy, the rise in extralegal state power over the course of the twentieth century, and discourses on race, nation and cultural difference that have influenced the policy and academic discourse on immigration. He also analyzes the recent expansion of local immigration laws--including the controversial Arizona immigration law enacted in the summer of 2010--and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of these local immigration laws possible. While connecting these extralegal state powers to a free flow position on immigration, he also observes how these same discretionary powers have historically been used to control racial minority populations (particularly African American populations under Jim Crow). This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates to support the expansion of local immigration laws. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite different interests, each faction has shaped the commonsense assumptions currently defining the scope and limits of the debate.

This in-depth examination of the Chinese Exclusion Act of 1882 provides a chronological review of the events, ordinances, and pervasive attitudes that preceded, coincided with, and followed its enactment. The Chinese Exclusion Act of 1882 was a historic act of legislation that demonstrated how the federal government of the United States once openly condoned racial discrimination. Once the Exclusion Act passed, the door was opened to further limitation of Asians in America during the late 19th century, such as the Scott Act of 1888 and the Geary Act of 1892, and increased hatred towards and violence against Chinese people based on the misguided belief they were to blame for depressed wage levels and unemployment among Caucasians. This title traces the complete evolution of the Exclusion Act, including the history of Chinese immigration to the United States, the factors that served to increase their populations here, and the subsequent efforts to limit further immigration and encourage the departure of the Chinese already in America. Provides excerpts from nearly two dozen original documents, including legislation, letters, essays, and other materials related to the sanctioning of discrimination against the Chinese in the United States Presents a chronology of significant actions and events that preceded and facilitated passage of the Exclusion Act, as well as occurrences after its passage and leading to its repeal Includes a bibliography of over 60 significant sources that reflect attitudes, news reports, and legislation from the time of the Exclusion Act and contemporary viewpoints on the historical event Contains a helpful glossary of terms commonly employed in a discussion of the Chinese-American experience and passage of the Exclusion Act

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.

While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.

National rules on immigration and asylum have been transformed in recent years. EU Directives and Regulations, including the relevant case law of the European Court of Justice, have become ever more important - for those working in ministries, immigration authorities, national courts, academia, non-governmental organisations and also for those who are practising lawyers. The fundamentally revised and amended second edition of this book focuses on core legislation, including the Asylum Qualification Directive, the Asylum Procedure and Reception Directives, the Dublin III Regulation, the Border Code, Visa and Frontex Regulations, the Family Reunion Directive, the Blue Card Directive, the Long Term Residents' Directive and the Return Directive.

Russian Citizenship is the first book to trace the Russian state's citizenship policy throughout its history. Focusing on the period from the mid-nineteenth century to the consolidation of Stalin's power in the 1930s, Eric Lohr considers whom the state counted among its citizens and whom it took pains to exclude. His research reveals that the Russian attitude toward citizenship was less xenophobic and isolationist and more similar to European attitudes than has been previously thought-until the drive toward autarky after 1914 eventually sealed the state off and set it apart. Drawing on untapped sources in the Russian police and foreign affairs archives, Lohr's research is grounded in case studies of immigration, emigration, naturalization, and loss of citizenship among individuals and groups, including Jews, Muslims, Germans, and other minority populations. Lohr explores how reform of citizenship laws in the 1860s encouraged foreigners to immigrate and conduct business in Russia. For the next half century, citizenship policy was driven by attempts to modernize Russia through intensifying its interaction with the outside world. But growing suspicion toward non-Russian minorities, particularly Jews, led to a reversal of this openness during the First World War and to a Soviet regime that deprived whole categories of inhabitants of their citizenship rights. Lohr sees these Soviet policies as dramatically divergent from longstanding Russian traditions and suggests that in order to understand the citizenship dilemmas Russia faces today-including how to manage an influx of Chinese laborers in Siberia-we must return to pre-Stalin history.