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Articles 1 - 30 of 42
Full-Text Articles in Immigration Law
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
Articles in Law Reviews & Other Academic Journals
Internal displacement, encapsulating the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence of making a legal line in the sand based on which side of a border displacement ultimately transpires. Internally displaced persons (IDPs)—in recent history, presently, and in the projected future—far outpace the number of people displaced outside the border of their …
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman
Refugee Law & Migration Studies Brief
Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Refugee Law & Migration Studies Brief
First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Letter From The Editor, Isabella Zink
Letter From The Editor, Isabella Zink
Refugee Law & Migration Studies Brief
No abstract provided.
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
University of Miami Inter-American Law Review
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Faculty Scholarship
The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
Center for the Human Rights of Children
The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …
Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin
Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin
Reports
The Guide on Multisectoral Responses for the Protection of Migrants, Refugees, and Internally Displaced Persons during and after the COVID19 pandemic is an initiative of the Department of Social Inclusion of the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) that offers a situational analysis and promotes a dialogue on proposals to address the particular needs of migrants, refugees, and internally displaced persons in the face of the emergency generated by COVID-19. It also seeks to define proposals with a post-pandemic perspective that provide multisectoral responses to address the needs of vulnerable populations.
This …
"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito
"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito
Honors Theses
This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino
Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino
Studies in 20th & 21st Century Literature
As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled on …
Borders Rules, Beth A. Simmons
Borders Rules, Beth A. Simmons
All Faculty Scholarship
International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina
Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia
Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia
Senior Capstone Theses
This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.
Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet
Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet
Theses and Dissertations (Comprehensive)
In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …
The Wages Of Human Trafficking, Rana M. Jaleel
The Wages Of Human Trafficking, Rana M. Jaleel
Brooklyn Law Review
This article asks a deceptively straightforward question: What is the wrong of human trafficking? If the answer seems obvious, a closer look at anti-trafficking law reveals a doctrinal crisis. Human trafficking law has traditionally concerned itself with movement and how compelled or chosen migration estranges vulnerable people from the locales, customs, and resources that might otherwise shield them from exploitation. According to the U.S. State Department, however, movement is no longer a central element of human trafficking. Instead, “many forms of enslavement” are thought to comprise the core of the crime. The revocation of the movement requirement and the equation …
Australia's Guantanamo Bay: How Australian Migration Laws Violate The United Nations Convention Against Torture, Katelin Morales
Australia's Guantanamo Bay: How Australian Migration Laws Violate The United Nations Convention Against Torture, Katelin Morales
American University International Law Review
No abstract provided.
Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway
Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway
Articles
Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations. As the early generation of non-entrée practices — visa controls and carrier sanctions, the establishment of “international zones,” and high seas deterrence — have proved increasingly vulnerable to practical and legal challenges, new forms of …
Exploitation In Migration: Unacceptable But Inevitable, Anne T. Gallagher Ao
Exploitation In Migration: Unacceptable But Inevitable, Anne T. Gallagher Ao
Anne T Gallagher
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
Georgia Journal of International & Comparative Law
No abstract provided.
The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David
The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David
Anne T Gallagher
Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum
Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum
All Faculty Scholarship
Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and …
The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold
The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold
Indiana Journal of Global Legal Studies
Through its various provisions, the Affordable Care Act will insure more than thirty million Americans by January 1, 2014. This dramatic increase in coverage will have significant effects on both the U.S. economy and its healthcare system. Nursing professionals make up a large portion of the U.S. healthcare system and with a dramatic nursing shortage already in place, employers increasingly look abroad to fill nursing vacancies. Due to the increasing effects of globalization, foreign nurses have become an integral part of the U.S. healthcare system. This note argues that the increased coverage created by the Affordable Care Act will increase …
Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl
Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl
Indiana Journal of Global Legal Studies
The desire to be great, to make a lasting mark, is as old as civilization itself. Today, it is no longer measured exclusively by the size of a polity's armed forces, the height of its pyramids, the luxury of its palaces, or even the wealth of its natural resources. Governments in high-income countries and emerging economies alike have come to subscribe to the view that in order to secure a position in the pantheon of excellence, it is the ability to draw human capital, to become an "IQ magnet," that counts. Across the globe, countries are vying to outbid one …
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
Refugees And Asylum, James C. Hathaway
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection …
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Faculty Articles and Other Publications
This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.
Anastasia Tataryn On The Deportation Regime: Sovereignty, Space, And The Freedom Of Movement. Edited By Nicholas Degenova And Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp., Anastasia Tataryn
Human Rights & Human Welfare
A review of:
The Deportation Regime: Sovereignty, Space, and the Freedom of Movement. Edited by Nicholas DeGenova and Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp.