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Full-Text Articles in Immigration Law

Rafi & Patra, Rafi, Patra, Tsos Jul 2019

Rafi & Patra, Rafi, Patra, Tsos

TSOS Interview Gallery

Rafi and his family have been stuck on the border between Greece and Macedonia for almost four months. They made their way from Afghanistan, received certificates in Greece to help them on their journey, but were then stopped at the border of Macedonia. The Macedonians said that they were no longer allowing Afghans into their country. Now all they can do is wait and hope. In Afghanistan,Rafi was a military man. As a young man, he was a part of the Revolution army, but later was made a soldier for the Government Security of Kabul. During that time, he was …


Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino Jun 2019

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 …


Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg Apr 2019

Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg

Senior Theses and Projects

Colonialism/capitalism1 continue to create and exploit a dehumanised labour population in the pursuit of profit and power. The current formation of such a population is formed through heterosexist, xenophobic and racist ideologies revealed in the discourses and practises surrounding the (mis)treatment of refugees, as well as sex tourism and human trafficking in Trinidad and Tobago. The legal backbone of these three modern expressions of colonialism/capitalism in Trinidad and Tobago are the Sexual Offenses Act, the Trafficking in Persons Act, and the Immigration Act. In effect, undocumented migrants, refugees, and sex workers are criminalised, barred access to human rights, and become …


Immigration Unilateralism And American Ethnonationalism, Robert Tsai Jan 2019

Immigration Unilateralism And American Ethnonationalism, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …


Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha Jan 2019

Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha

Articles in Law Reviews & Other Academic Journals

This Article examines the European Court of Human Rights' intervention in the detention of involuntary migrants. It analyzes the use of "carceral migration control" in response to a migration "crisis," and argues that the actual crisis in the region is one of politics and policies rather than the magnitude of migration. It explores the consequences of a crisis moniker for migration, including shortsighted migration policies, entrenched caricatures of migrants as threatening, and excessive emphasis on punitive rather than humanitarian responses. Responding to migration as a crisis has led states in Europe and elsewhere to shift the movement of people across …


Migration Governance In Countries Of Transit: Assessing Policy Implications In Algeria, Brittany R. Van Soest Jan 2019

Migration Governance In Countries Of Transit: Assessing Policy Implications In Algeria, Brittany R. Van Soest

Electronic Theses and Dissertations

Located between sub-Saharan Africa and southern Europe on the edge of the Mediterranean the country of Algeria has experienced the challenges of a transit state in attempting to prevent irregular migration through its territory. The question guiding this research aimed to explore the conditions under which and with what regard to sovereignty do countries that experience extensive through-migration adopt global governance norms and implement policies which contribute to the broader international goals of safe, orderly and regular migration. This research project examines findings from an expert survey which indicate that, despite a strong sovereignty ethic, Algeria approaches irregular migration governance …


Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai Jan 2019

Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai

Faculty Scholarship

This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …


Borders Rules, Beth A. Simmons Jan 2019

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 …