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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 …
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 …
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff
Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff
University of Michigan Journal of Law Reform
The recent flood of asylum claims, and the concerns it engenders, are not peculiar to the United States. Western European nations have witnessed similar increases in asylum applications over the past decade, .and institutions charged with adjudicating claims have become severely overburdened. This Article will describe the experience of the Federal Republic of Germany and the Republic of France in coping with the explosion of asylum claims. A comparative analysis may provide perspective on the American situation and perhaps suggest - or rule out - proposals for change currently under consideration in the United States. To appreciate the saliency of …
The Refugee Act Of 1980: Its Past And Future, David A. Martin
The Refugee Act Of 1980: Its Past And Future, David A. Martin
Michigan Journal of International Law
Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.
Appendix Iii, Michigan Journal Of International Law
Appendix Iii, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Review of Foreign Laws
Deportation And The Refugee, Elwin Griffith
Deportation And The Refugee, Elwin Griffith
Michigan Journal of International Law
Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker
Michigan Journal of International Law
This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …
Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass
Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass
Michigan Journal of International Law
This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee
Michigan Journal of International Law
Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …
Nordic Refugee Law And Policy, Göran Melander
Nordic Refugee Law And Policy, Göran Melander
Michigan Journal of International Law
Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Michigan Journal of International Law
In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …
The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy
The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy
Michigan Journal of International Law
The U.S. Treasury Department has the responsibility of administering several emergency-related programs that affect the property of certain countries (and usually the nationals thereof) designated by its regulations, where the property, or the persons dealing with the property, are subject to the jurisdiction of the United States. These so-called "embargo controls" consist of trade sanctions (i.e., an "embargo" in the narrow sense of the term) and prohibitions on transactions involving assets in which the designated country or its nationals have any interest. These prohibitions, known collectively as a "blocking" of assets, have an impact on refugees and expatriates, …
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
Michigan Journal of International Law
The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …
Appendix Ii, Michigan Journal Of International Law
Appendix Ii, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Review of United States Law