'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

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.

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. -- .

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.

The word 'refugee' is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: * well-founded fear; * persecution; * the loss of refugee status and exclusion; * the rights of refugees; * and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

How many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a 'bridge to citizenship' which fosters greater inclusion and integration.

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.

This edited volume draws attention to the interlinked yet understudied relationship between the role of cities in dealing with international displacement and forced migration as well as the influence of forced migration in stimulating spatial, societal, and institutional transformations in and of cities. In 2022, almost 84 million people worldwide were forcibly displaced. More than two-thirds of them reside in urban areas. Displacement and forced migration are an urban experience and an urban story of those seeking protection. This book helps us understanding the conditions of displaced population in cities, and the way cities and urban actors respond to recent migration trends. It applies an urban perspective to the analysis of migration processes, and it provides insights into the urban governance of forced migration and asylum, the production of spaces related to forced migration, and the role of the displaced as actors of urban change. Thereby, it covers a broad spectrum of topics including migrant dispersal, welfare and social protection, urban humanitarian policymaking and governance, neighbourhood development, migrant solidarity and refugee protest, and new forced migrant destinations. Given the increasing mobility and displacement of human populations, this book provides a relevant prerequisite for readers interested in current urban, (forced) migration and asylum trends, and on the intersections of those topics. The book will be of great value to researchers and academics of Geography, Migration and Urban Studies. The chapters in this book were originally published as a special issue of Urban Geography.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. During the 19th century, Mauritius was Britain's prime sugar-producing colony, yet, unlike the West Indies, its history has remained significantly under-researched. The modern demographic of multi-ethnic Mauritius is unusual as, in the absence of an indigenous people, descendants of colonists, slaves and indentured labourers constitute the majority of the island's population today. Thus, it may be said that the Mauritian nation was "assembled" during the period in question. This work draws on an in-depth examination of the two labour systems through which the island came to be populated: slavery and indenture. In studying the relevant laws, four legal events of historical importance within the context of these two labour systems are identified: the abolition of the slave trade, the abolition of slavery, private indentured labour migration and state-regulated indenture. This book is notable in that it presents a legal analysis of core historical events, thus straddling the line between two disciplines, and covers both slavery and indentured labour in Mauritian history. Mauritius, as an originally uninhabited island, presents a rare case study for inquiries into colonial legacies, multiculturalism and race consciousness. The book will be a valuable resource to scholars worldwide in the fields of slavery, indenture and the legal apparatus of forced labour.

With the flow of refugees showing no sign of abating, European states - and civil society - continue to look to the EU for a comprehensive asylum policy. Here is a thoroughly researched book that not only investigates the existing institutional patterns that might successfully engender such a policy, but also focuses on the sensitive element of the refugee plight as an essential component of the protection of Human Rights within the Western democratic model. Beginning with a survey of the international foundations of refugee protection (such as the 1951 Geneva Convention and the UNHCR) and the way they have evolved over the last four decades, the author analyses the initial attempts of EC countries to co-ordinate their asylum measures through the European Political Cooperation and the later Schengen arrangements. Proceeding with an assessment of the operating structures set up for asylum coordination under the Maastricht Treaty and the EU initiatives that were undertaken within the Third Pillar framework - and the particular problems that they presented - she continues by analysing in detail the new complex asylum framework that emerged in 1997 with the Amsterdam Treaty. The roles played by the subsequent Tampere European Council and the recent Nice Treaty are also explored, both for their initiatives and for their fine-tuning of the decision-making processes of the new EU asylum cooperation. Finally, the author evaluates the possible impact that the EU Charter of Fundamental Rights, approved at Nice, might have on strengthening the Human Rights dimension of asylum in future EU action. Throughout, full attention is given to the work of all relevant EU bodies, as well as that of theUNHCR, the European Court of Human Rights, and the NGOs most active in the field. Europe and Refugees is essential reading for everyone concerned with asylum policy, undeniably one of the most urgent problems confronting today's world order.

Winner of the Myrna F. Bernath Book Award "A stunning accomplishment...As the Trump administration works to expatriate naturalized U.S. citizens, understanding the history of individual rights and state power at the heart of Under the Starry Flag could not be more important." -Passport "A brilliant piece of historical writing as well as a real page-turner. Salyer seamlessly integrates analysis of big, complicated historical questions-allegiance, naturalization, citizenship, politics, diplomacy, race, and gender-into a gripping narrative." -Kevin Kenny, author of The American Irish In 1867 forty Irish American freedom fighters, outfitted with guns and ammunition, sailed to Ireland to join the effort to end British rule. They were arrested for treason as soon as they landed. The Fenians, as they were called, claimed to be American citizens, but British authorities insisted that they remained British subjects. Following the Civil War, the Fenian crisis dramatized the question of whether citizenship should be considered an inalienable right. This gripping legal saga, a prelude to today's immigration battles, raises important questions about immigration, citizenship, and who deserves to be protected by the law.

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.

Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favored polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners. Contributors: I. Atak, F. Crepeau, C. Dauvergne, C. Harvey, S.S. Juss, S. Kneebone, P. Mathew, S. Mullally, J.M. Pobjoy, J.C. Simeon, R. Wallace

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies.

Focusing on Georgia, this book presents a theoretical and empirical study on the implementation of durable solutions for internally displaced persons (IDPs). Building on extensive field research, it describes and explains the considerable problems which Georgia faces in establishing global norms, as well as the ongoing hardship that IDPs experience. Importantly, the book reveals the simultaneous progress and setbacks in implementing durable solutions. Successfully combining approaches from humanistic studies, international relations, and organizational sociology, this book explains the interaction of norms and actors at and among three societal levels: the international, national, and local.

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court's rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Immigration is right at the top of the political agenda for the 21st century. This book draws together and unifies analysis of immigration into the major EU countries and the US, presenting in an accessible and clear way the major trends and dramatic developments of the past decade. While the influence of the welfare state on immigration incentives is a key issue, various other influences on both legal and illegal migration are analysed, together with the implications of migration for the market outcomes on these two continents.

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. It brings together scholars from a range of disciplines This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.

Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.