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.

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.

Legal Passing offers a nuanced look at how the lives of undocumented Mexicans in the US are constantly shaped by federal, state, and local immigration laws. Angela S. Garcia compares restrictive and accommodating immigration measures in various cities and states to show that place-based inclusion and exclusion unfold in seemingly contradictory ways. Instead of fleeing restrictive localities, undocumented Mexicans react by presenting themselves as "legal," masking the stigma of illegality to avoid local police and federal immigration enforcement. Restrictive laws coerce assimilation, because as legal passing becomes habitual and embodied, immigrants distance themselves from their ethnic and cultural identities. In accommodating destinations, undocumented Mexicans experience a localized sense of stability and membership that is simultaneously undercut by the threat of federal immigration enforcement and complex street-level tensions with local police. Combining social theory on immigration and race as well as place and law, Legal Passing uncovers the everyday failures and long-term human consequences of contemporary immigration laws in the US.

More children than ever are crossing international borders alone to seek asylum worldwide. In the past decade, over a half million children have fled from Central America to the United States, seeking safety and a chance to continue lives halted by violence. Yet upon their arrival, they fail to find the protection that our laws promise, based on the broadly shared belief that children should be safeguarded. A meticulously researched ethnography, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. Chiara Galli debunks assumptions about asylum, including the idea that people are being denied protection because they file bogus claims. In practice, the United States interprets asylum law far more narrowly than what is necessary to recognize real-world experiences of escape from life-threatening violence. This is especially true for children from Central America. Galli reveals the formidable challenges of lawyering with children and exposes the human toll of the US immigration bureaucracy.

This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.

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.

In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.

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.

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.

International migration for temporary employment is a critical component of South Asia's development path, from both the jobs and remittance flows perspectives. South Asian economies are at a stage of demographic transition where people of working-age are generally still increasing shares of populations, with millions of people entering the working-age cohort every year for another generation. This report focuses on Bangladesh, Nepal, and Pakistan - three countries in the region sharing similar characteristics, opportunities, and challenges when it comes to international migration. All three are lower-middle income countries where sizeable shares of the working age population migrate overseas. Migration has large positive effects on South Asian economies overall, often noted by the fact that remittances tend to be very high in relative and absolute terms. Several of the policy actions that can be taken in the pre-migration phase of the migration life-cycle to reduce the vulnerability of migrants will directly reduce costs and improve access for poorer households. Reducing volatility and improving sustainability will require sending countries to ultimately diversify the markets where they send their workers.

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 provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.