Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Migration (7)
- Human rights (6)
- International human rights (6)
- Immigration (4)
- Immigration law (4)
-
- International law (4)
- Refugee (4)
- Asylum (3)
- Asylum law (3)
- Domestic violence (2)
- Due Process (2)
- Human Rights Law (2)
- Migrant (2)
- Refugee law (2)
- Refugees (2)
- 1967 United Nations Protocol Relating to the Status of Refugees (1967 Protocol) (1)
- Aliens (1)
- Asylum Claims (1)
- Australia (1)
- Battered women (1)
- Borders (1)
- Boundaries (1)
- Brazil (1)
- COVID-19 (1)
- Convention on the Rights of the Child (1)
- Convention Relating to the Status of Refugees (1)
- Crime (1)
- Criminal Law and Procedure (1)
- Criminalization (1)
- Deportation (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Immigration Law
International Agreements Shaping Migration Solutions, Camilo Mantilla
International Agreements Shaping Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.
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 …
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Refugee Law & Migration Studies Brief
Both externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular …
Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya
Refugee Law & Migration Studies Brief
No abstract provided.
The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell
Refugee Law & Migration Studies Brief
No abstract provided.
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan
Refugee Law & Migration Studies Brief
No abstract provided.
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.
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 …
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
American University International Law Review
Countering terrorism has been a priority agenda point for the international community, especially after the September 11th attacks. As the International Committee of the Red Cross (ICRC) points out, “States have had to confront a threat emanating from individuals and non-State armed groups [(NSAGs)] that resort to acts of terrorism. In response, States and international organizations have developed increasingly robust counterterrorism measures.”
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke
American University International Law Review
No abstract provided.
From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb
From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb
American University International Law Review
No abstract provided.
Preventing Trafficking Through New Global Governance, Janie Chuang
Preventing Trafficking Through New Global Governance, Janie Chuang
Articles in Law Reviews & Other Academic Journals
The year 2020 marks the twentieth anniversary of the United Nations (U.N.) Trafficking Protocol-a treaty that established the foundation for global efforts to address the problem of human trafficking.' That treaty offered an early framing of the problem as a transnational crime, best addressed through aggressive prosecution of traffickers and international cooperation to that end. Since the Protocol's adoption, global antitrafficking law and policy have evolved significantly. The once near-exclusive focus on the prosecution prong of the treaty's "3Ps" approach to trafficking- focused on prosecuting trafficking, protecting trafficked persons, and preventing trafficking-has given way to an increased emphasis on victim …
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 …
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.
No Due Process, No Asylum, And No Accountability: The Dissonance Between Refugee Due Process And International Obligations In The United States, Marissa Hill
American University International Law Review
No abstract provided.
Particularized Social Groups And Categorical Imperatives In Refugee Law: State Failures To Recognize Gender And The Legal Reception Of Gender Persecution Claims In Canada, The United Kingdom, And The United States, Melanie Randall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime, Alejandra Aramayo
American University International Law Review
No abstract provided.
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Tensions At The Borders In The U.S. And The E.U.: The Quest For State Distinctiveness And Immigrant Inclusion, Francesca Strumia
Tensions At The Borders In The U.S. And The E.U.: The Quest For State Distinctiveness And Immigrant Inclusion, Francesca Strumia
American University International Law Review
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Seeking Protection From The Law? Exploring Changing Arguments For U.S. Domestic Violence Asylum Claims And Gendered Resistance By Courts , Richael Faithful
Seeking Protection From The Law? Exploring Changing Arguments For U.S. Domestic Violence Asylum Claims And Gendered Resistance By Courts , Richael Faithful
The Modern American
No abstract provided.
Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David
Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David
American University Law Review
For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
The “Pacific Solution”: Refugees Unwelcome In Australia, Alexander J. Wood
Human Rights Brief
No abstract provided.
The Right To Seek Asylum: A Dwindling Right?, Fatimah Mateen, Brian Tittemore
The Right To Seek Asylum: A Dwindling Right?, Fatimah Mateen, Brian Tittemore
Human Rights Brief
No abstract provided.
Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs
Sur Place Refugee Status In The Context Of Vietnamese Asylum Seekers In Hong Kong, Josh Briggs
American University Law Review
No abstract provided.
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.