Kategoria BISAC: Law >> Emigration & Immigration

Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.

Foreign policies have always played an important role in the movements of migrants. A number of essays in this volume show how the foreign policies of the United States and Germany have directly or inadvertently contributed to the influx from the former Yugoslavia, Mexico, the Caribbean, and the former Soviet Union. Now being faced with growing resistance to admit foreigners into their countries, both governments have once again been using foreign-policy instruments in an effort to change the conditions in the refugees' countries of origin which forced people to leave. This volume...

Most studies on transnational migration either stress assimilation, circulatory migration, or the negative impact of migration. This remarkable study, which covers migrants from one Jordanian village to 17 different countries in Europe, Asia, and North America, emphasizes the resiliency of transnational migrants after long periods of absence, social encapsulation, and stress, and their ability to construct social networks and reinterpret traditions in such a way as to mix the old and the new in a scenario that incorporates both worlds. Focusing on the humanistic aspects of the migration...

Following the defeat of the Greek Army in 1922 by nationalist Turkish forces, the 1923 Lausanne Convention specified the first internationally ratified compulsory population exchange. It proved to be a watershed in the eastern Mediterranean, having far-reaching ramifications both for the new Turkish Republic, and for Greece which hadto absorb over a million refugees. Known as the Asia Minor Catastrophe by the Greeks, it marked the establishment of the independent nation state for the Turks. The consequences of this event have received surprisingly little attention despite the considerable...

There is general agreement today that traditional approaches to immigration admissions in the major receiving countries of the West have serious shortcomings either in concept or implementation, or at times in both. These essays, all written by leading immigration experts, consider the philosophical and moral constraints on immigration law and policy, the basic elements of a comprehensive migration policy, and specific policy areas, including family reunification and asylum. Taken together, these perspectives represent a fresh, comparative look at some of the most urgent issues in this...

Spurred by wars and a drive to urbanize, Africans are crossing borders and overwhelming cities in unprecedented numbers. At the center of this development are young refugee men who migrate to urban areas.

This volume, the first full-length study of urban refugees in hiding, tells the story of Burundi refugee youth who escaped from remote camps in central Tanzania to work in one of Africa's fastest-growing cities, Dar es Salaam. This steamy, rundown capital would seem uninviting to many, particularly for second generation survivors of genocide whose lives are ridden with fear. But...

In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, "illegal" migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through...

Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup s concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister s work, the editors of the journal Transnational Legal Theory sought...

Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.

Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present...

Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered.

In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her...

Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered.

In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her...

During 1995 and 1996, President Bill Clinton signed into law three bills that altered the rights and responsibilities of immigrants: the Antiterrorism and Effective Death Penalty Act, the Personal Responsibility Act, and the Illegal Immigration Reform and Immigrant Responsibility Act. Model Immigrants and Undesirable Aliens examines the changing debates around immigration that preceded and followed the passage of landmark legislation by the U.S. Congress in the mid-1990s, arguing that it represented a new, neoliberal way of thinking and talking about...