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Articles 1 - 30 of 97
Full-Text Articles in Law
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.
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Genocide Studies and Prevention: An International Journal
The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of their existing efforts …
How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris
How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris
Human Rights Brief
No abstract provided.
21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona
21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona
Human Rights Brief
No abstract provided.
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Northwestern Journal of Law & Social Policy
While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its …
Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff
University of Michigan Journal of Law Reform
The Immigration and Nationality Act (INA) defines a refugee as any person who has a “well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.” An emerging issue in U.S. asylum law is how to define the category “membership of a particular social group.” This question has become ever-more pressing in light of the fact that the majority of migrants seeking asylum at the U.S.-Mexico border are claiming persecution on account of their “membership in a particular social group.” The INA does not define the meaning of “particular social group” and …
Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz
Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz
New England Journal of Public Policy
According to the UN Refugee Agency, as of 2018 approximately 70 million people were forcibly displaced because of intrastate and interstate conflicts. A majority of those people endured significant hardships, and a consensus is growing among researchers that forcibly displaced people have gone through potentially traumatic experiences that challenge their well-being and health. Consequently, a large amount of research focuses on their mental health concerns, whereas research focusing on their will to normalize their lives and grow after a traumatic migration is scarce. In this article, we highlight the efforts by forcibly displaced people to normalize their lives, pointing out …
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
Northwestern Journal of Law & Social Policy
The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …
Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya
Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
University of Michigan Journal of Law Reform
The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …
An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters
Georgia Journal of International & Comparative Law
No abstract provided.
Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab
Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab
Michigan Journal of International Law
Seven years have passed since revolution broke out in Syria in March of 2011. During those six years, hundreds of thousands of Syrians lost their lives, millions of Syrians were internally displaced or left the country seeking refuge, and a beautiful and diverse country was hijacked and terrorized by civil war. Every day in Syria, people are detained, tortured, raped, and killed. Attacks on homes, hospitals, markets, and schools are common occurrences. At this stage of the conflict, there is little doubt that it is the most horrific and dire humanitarian crisis since World War II. The conflict began as …
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
University of Miami Law Review
At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …
The Michigan Guidelines On Refugee Freedom Of Movement
The Michigan Guidelines On Refugee Freedom Of Movement
Michigan Journal of International Law
Despite the clear legal foundation of refugee freedom of movement at international law, states are also committed to the deterrence of human smuggling and trafficking, to the maintenance of effective general border controls, to safeguarding the critical interests of receiving communities, and to effectuating safe and dignified repatriation when refugee status comes to an end. Legal obligations to respect refugee freedom of movement therefore co-exist with, and must be reconciled to, other important commitments.
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, Liliya Paraketsova
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, Liliya Paraketsova
University of Michigan Journal of Law Reform
One of the most debated topics in refugee law has been the meaning of particular social group (PSG)—one of the five categories used to claim refugee status. In 2006, the Board of Immigration Appeals (BIA) adopted a narrower PSG definition. Since that adoption, a circuit split has persisted over the meaning of PSG. Two circuits in particular have continually refused to adopt this definition—even when the BIA attempted to revise the definition in response to their criticism. This Note proposes a reform that would include a compromise between the two current definitions of PSG by rejecting the BIA’s particularity requirement …
Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway
Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway
Michigan Journal of International Law
It is our hope that, as in the case of earlier Michigan Guidelines on the International Protection of Refugees, these unanimously agreed standards will inspire a thoughtful and principled debate among scholars, officials, and judicial and other refugee law decision-makers committed to the legally accurate and contextually sound application of international refugee law norms.
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Michigan Journal of International Law
This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”
Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz
Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz
Maine Law Review
Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon
Barry Law Review
No abstract provided.
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Reconciling Expectations With Reality: The Real Id Act's Corroboration Exception For Otherwise Credible Asylum Applicants, Alexandra Lane Reed
Reconciling Expectations With Reality: The Real Id Act's Corroboration Exception For Otherwise Credible Asylum Applicants, Alexandra Lane Reed
Michigan Law Review
The international community finds itself today in the throes of the largest refugee crisis since World War II. As millions of refugees continue to flee violence and persecution at home, the immediate concern is humanitarian, but in the long-term, the important question becomes: What are our obligations to those who cannot return home? U.S. asylum law is designed not only to offer shelter to legitimate refugees, but also to protect the country from those who seek asylum under false pretenses. Lawmakers and policymakers have struggled to calibrate corroboration requirements for asylum claims with the reality that many legitimate asylum seekers …
Refugees Without Borders: Legal Implications Of The Refugee Crisis In The Schengen Zone, Bridget Carr
Refugees Without Borders: Legal Implications Of The Refugee Crisis In The Schengen Zone, Bridget Carr
Michigan Journal of International Law
This Note will first examine current practices utilized by Member States and their strategic partners outside the Zone to manage flows of third-country nationals from the Middle East and North Africa. It will then explore how these practices are not compatible with principles of protection from degrading and inhuman treatment, non-refoulement, and non-discrimination as codified in the Schengen Borders Code, European Convention on Human Rights, and the Refugee Convention, among others. Finally, this Note will propose targeted reforms for the Schengen Zone’s internal and external border management aimed at protecting the human rights of displaced persons and modifying incentive structures …
Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne
Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne
Michigan Journal of International Law
This paper was written to frame the work of the Seventh Colloquium on Challenges in International Refugee Law, held at the University of Michigan Faculty of Law, on March 27–29, 2015. To some extent, therefore, it has already served its purpose. It is somewhat tempting in the wake of the Colloquium to completely reconstruct the paper in light of the conversations and conclusions of that event. Such reconstruction, however, would be misleading. Instead, I have chosen to publish the paper in a form that is very similar to its earlier iteration, with a few corrections, clarifications, and explanatory notes about …
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
Georgia Journal of International & Comparative Law
No abstract provided.
Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder
Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder
Societies Without Borders
First-hand accounts of resettlement are seldom heard from refugees with disabilities. The purpose of this study was to facilitate a space for refugees with disabilities to tell their life histories, and their experiences related to resettlement. A global ethnographic framework was used to gather life history interview data from six refugees with a label of disability who have resettled in the United States. To better understand participants’ life histories, multiple theoretical perspectives were utilized including: critical cultural theory, critical race theory (CRT), critical disability studies (CDS), and disability studies (DS) which helped to interpret and navigate the nebulous intersections of …
My Share Of The Sky: Review 1, Helene Thomas
My Share Of The Sky: Review 1, Helene Thomas
RadioDoc Review
My Share of the Sky speaks like a poem. A poem of love, of life, and of loss. It is a story of finding refuge and freedom in a foreign land and reconciling with the longing for loved ones back home. Presented as an audio diary, Sheida Jahanbin invites listeners into her world as she and her husband Madyar make a new life for themselves in Oslo, Norway as political refugees from Iran. The program presents a stream of live happening moments which intimately capture Sheida's life as it is unfolding. Juxtaposing the mundane and the terrifying, the ordinary and …
The Left-To-Die Boat: Review 2, Peter Mares
The Left-To-Die Boat: Review 2, Peter Mares
RadioDoc Review
In March 2011 an inflatable boat carrying 72 asylum seekers from sub-Saharan Africa set out from the coast of Libya hoping to reach the Italian island of Lampedusa. As one Italian official commented, sailing from Libya towards Italy should have been ‘a bit like doing a slalom between military ships’. Yet as, out of fuel, supplies of food and water dwindled to nothing and the people on board began to get sick and die, the boat continued to drift and no help came. Eventually it floated all the way back to the Libyan coast. Of the 50 men, 20 women …
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Georgia Journal of International & Comparative Law
No abstract provided.
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
University of Miami International and Comparative Law Review
No abstract provided.
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
Michigan Journal of Race and Law
In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …