While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration -- whether lawful or unlawful -- is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration enforcement efforts. However, others have been unwilling to assist the federal government in enforcing measures that distinguish between residents with legal immigration status and those who lack authorisation under federal law to be present in the United States. In some circumstances, these jurisdictions have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. This book discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It provides a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme. It also discusses various types of measures adopted or considered by states and localities to limit their participation in federal immigration enforcement efforts; discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws; and describes federal statutes.

Border enforcement is a core element of the Department of Homeland Security's effort to control unauthorised migration, with the U.S. Border Patrol (USBP) within the U.S. Customs and Border Protection (CBP) as the lead agency along most of the border. Border enforcement has been an ongoing subject of congressional interest since the 1970s, when illegal immigration to the United States first registered as a serious national problem; and border security has received additional attention in the years since the terrorist attacks of 2001. This book reviews efforts to combat unauthorised migration across the Southwest border in the nearly three decades since IRCA initiated the modern era in migration control. In reviewing such efforts, the book takes stock of the current state of border security and considers lessons that may be learned about enhanced enforcement at U.S. borders. Furthermore, the title discusses key statutory authorities and requirements governing DHS's construction of barriers along the U.S. borders. It also includes appendixes listing federal laws that have been waived by DHS in furtherance of border construction projects.

Since 2012, there has been a rapid increase in the number of unaccompanied alien children (UAC) apprehended at the U.S.-Mexican border. According to DHS's Customs and Border Protection (CBP), the number of UAC from any country apprehended at the U.S.-Mexican border climbed from more than 24,000 in fiscal year 2012 to nearly 39,000 in fiscal year 2013, and to nearly 69,000 in fiscal year 2014. Prior to fiscal year 2012, the majority of UAC apprehended at the border were Mexican nationals. However, more than half of the UAC apprehended at the border in fiscal year 2013, and 75 percent apprehended in fiscal year 2014 were nationals of El Salvador, Guatemala, and Honduras, according to DHS/CBP. El Salvador, Guatemala, and Honduras face various socioeconomic challenges, which the United States is seeking to address through assistance efforts. This book identifies U.S. mission-level efforts to identify causes of the rapid increase in migration of unaccompanied children and address the causes identified. Furthermore, this book discusses the demographics of unaccompanied alien children while they are in removal proceedings.

During the past two years, the Congress has considered proposals to modify the nation's immigration system. The Border Security, Economic Opportunity, and Immigration Modernization Act, passed by the Senate in June 2013, addresses multiple facets of immigration policy, including changes to the existing visa system, improvements in border security and law enforcement, and changes to the status of people who currently live in the country without legal authorisation. Other proposals have focused on one component of immigration policy -- for example, improving border security or changing certain aspects of the visa system. Whether the proposals involve broad or narrow changes to immigration policy, they could have a variety of consequences for both citizens and non-citizens, for the federal government, and for state and local governments. This book examines some of those proposals and how such changes would affect the federal budget.

This book provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens. It addresses the legal issues raised by local governments issuing ID cards to unlawfully present aliens, as well as by state and local approaches to recognising foreign-issued ID documents. This book also discusses key legal issues pertaining to unlawfully present alien students' access to higher education, in-state tuition, and financial aid.

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.

Approximately 4 million to 5.5 million unauthorized immigrants in the U.S. entered the country legally on a temporary basis but then overstayed their authorized periods of admission, referred to as overstays. This book examines the extent to which the Department of Homeland Security (DHS) takes action to address overstays and its reported results. Additionally, as of January 2012, more than 850,000 active foreign students were in the U.S. enrolled at over 10,000 U.S. schools. The U.S. Immigration and Customs Enforcement agency (ICE) is responsible for managing the Student and Exchange Visitor Program (SEVP) and certifying schools to accept foreign students. This book also examines ICE's fraud prevention and detection procedures for SEVP, and the extent to which ICE has identified and assessed risks and developed policies and procedures to prevent and detect fraud during the initial school certification process and once schools begin accepting foreign students.

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.

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.

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.

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

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.

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.

Latin America provides a compelling case for the study of migration policies and laws, with several factors - including both internal and interregional migration and refugee flows, the region's progressive approach to the management of human mobility, and several forced displacement crises of the contemporary era - offering unique insights. Despite the region's heterogeneous migration flows and unique immigration and refugee laws, the academic literature has thus far lacked in-depth explorations of migration policy in Latin America. Voluntary and Forced Migration in Latin America presents a comparative analysis of the migration legislation of Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, and Peru. For each country, the collection provides a historical overview of the evolution of migration legislation, an analysis of the migration flows and types of migrant profiles, and an examination of the country's current immigration, asylum, and nationality legislation. The primary regional and international mechanisms that facilitate a normative approach to voluntary and forced migration, as well as to migrant and refugee rights, are also thoroughly interrogated. Situating itself in the often progressive immigration policies of Latin America, Voluntary and Forced Migration in Latin America offers alternative solutions for other countries facing migration challenges in different contexts.

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.

How does a group that lacks legal status organize its members to become effective political activists? In the early 2000s, Arizona's campaign of "attrition through enforcement" aimed to make life so miserable for undocumented immigrants that they would "self-deport." Undocumented activists resisted hostile legislation, registered thousands of new Latino voters, and joined a national movement to advance justice for immigrants. Drawing on five years of observation and interviews with activists in Phoenix, Arizona, Kathryn Abrams explains how the practices of storytelling, emotion cultures, and performative citizenship fueled this grassroots movement. Together these practices produced both the "open hand" (the affective bonds among participants) and the "closed fist" (the pragmatic strategies of resistance) that have allowed the movement to mobilize and sustain itself over time.

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.