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.

Apres une longue presence en Andalousie et en Sicile, les musulmans ont du quitter ces regions. Malgre les tensions entre les pays occidentaux et leurs minorites musulmanes, il est difficile d'imaginer que ces pays puissent les rapatrier. On retrouve les memes tensions entre les mouvements islamistes et les regimes musulmans. Il y a certes des raisons politiques, economiques et sociales derriere ces tensions. Mais on remarque une revendication constante de la part des musulmans impliques dans ces tensions: le droit d'appliquer leur loi religieuse tant dans les pays musul-mans qu'occidentaux, et leur refus de se soumettre aux lois en vigueur dans ces pays. Cette revendication decoule de la conception musulmane de la loi. Et si on veut de-samorcer les tensions, il est necessaire de comprendre cette conception. Quelle est donc cette conception? Quel est son impact sur un pays comme la Suisse? Quelles reponses donner aux revendications des musulmans? Ce sont les trois questions auxquelles ce livre veut repondre. L'auteur Sami A. Aldeeb Abu-Sahlieh: Chretien d'origine palestinienne. Citoyen suisse. Docteur en droit. Habilite a diriger des recherches (HDR). Professeur des universites (CNU-France). Responsable du droit arabe et musulman a l'Institut suisse de droit compare (1980-2009). Professeur invite dans differentes universites en France, en Italie et en Suisse. Directeur du Centre de droit arabe et musulman. Auteur de nombreux ouvrages dont une traduction francaise, italienne et anglaise du Coran.

This book discusses the authority of state and local enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes federal statutes that expressly permit state and local police to enforce immigration law directly, and analyses major cases concerning the ability of states and localities to assist in immigration enforcement.

Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport serious criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens for removal since 1988. This book examines the four programs the DHS operates to target criminal aliens with a focus on the merits of jail enforcement programs and the role of state and localities in immigration enforcement.

This book presents and discusses information regarding an increase in border security and the issues surrounding the removal of illegal aliens. Topics discussed include an overview of an implementation policy concerning the removal of aliens in the U.S., border security agencies and their missions; barriers along the U.S. international border; the Department of Homeland Security Intelligence Enterprise and airport passenger security screenings.

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.

Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.

This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"-a mode of thinking and writing that repositions land and sea-Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

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

Whilst immigration policy is a highly controversial topic in the West, states continue to receive people who settle, whether as asylum-seekers or refugees, or as family members of existing migrants or labour migrants. Many who move violate the immigration rules either in entering a country or staying beyond the time allowed. The problems illegality entails for migrants shape much of the law and society scholarship in this area and this volume brings together the key articles which shape current thinking. The main topics covered include illegality, mercy and the language of deservingness; transnationality; family and identity; refugees and asylum-seekers.

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 report discusses the impacts of the COVID-19 crisis on migrants in the Mediterranean region, and on their sending and receiving countries. The report shows that policy interventions can help mobility continue safely in the aftermath of the COVID-19 outbreak and better prepare countries to respond to future shocks.

The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.

The right to free movement is the one privilege that EU citizens value the most in the Union, but one that has also created much political controversy in recent years, as the debates preceding the 2016 Brexit referendum aptly illustrate. This book examines how European politicians have justified and criticized free movement from the commencement of the first Commission of the EU-25 in November 2004 to the Brexit referendum in June 2016. The analysis takes into account the discourses of Heads of State, Governments and Ministers of the Interior (or Home Secretaries) of six major European states: the UK, Germany, France, Italy, Spain and Romania. In addition to these national leaders, the speeches of European Commissioners responsible for free movement matters are also considered. The book introduces a new conceptual framework for analysing practical reasoning in political discourses and applies it in the analysis of national free movement debates contextualised in respective migration histories. In addition to results related to political discourses, the study unearths wider problems related to free movement, including the diversified and variegated approaches towards different groups of movers as well as the exclusive attitudes apparent in both discourses and policies. The History and Politics of Free Movement within the European Union is of interest to anyone studying national and European politics and ideologies, contemporary history, migration policies and political argumentation.

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.