Immigration Law Commons^™

Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines

Independent Study Project (ISP) Collection

Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say the issue became prevalent at …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …

Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway

Western Migration Conference Series

Bio:

Donald Galloway is a Professor of Law at the University of Victoria, British Columbia. He specializes in Refugee Law, Citizenship Law and Immigration Law. He was the founding President of the Canadian Association of Refugee and Forced Migration Studies (CARFMS) and is a former member of the Immigration and Refugee Board.

From Brawn To Brains: How Immigration Works For America, Pia Orrenius

Western Migration Conference Series

Bio:

Pia Orrenius is Research Officer and Senior Economist at the Federal Reserve Bank of Dallas and Adjunct Professor at the Hankamer School of Business, Baylor University. Her research focuses on the labor market impacts of immigration, unauthorized immigration, and U.S. immigration policy, and her work has been published in the American Economic Review, Journal of Development Economics, Labour Economics, Industrial and Labor Relations Review, among others. She is coauthor of the book Beside the Golden Door: U.S. Immigration Reform in a New Era of Globalization (2010, AEI Press). Dr. Orrenius is a Research Fellow at …

The Labor Market Effects Of U.S. Immigration: What Is The Latest Evidence?, Orn Bodvarsson

Western Migration Conference Series

Bio:

Örn Bodvarsson is Professor of Economics, Chair of the Department of Management, and Interim Chair of the Department of Social Work at St. Cloud State University. He is also a Research Fellow at the Institute for the Study of Labor (IZA) in Bonn, Germany. A labor economist, Bodvarsson has been working in the immigration field since 2001, focusing on host country distributional effects of immigration, determinants of migration, internal migration in China, and wage discrimination against the foreign-born. In 2009 Springer published his co-authored book, The Economics of Immigration: Theory and Policy, recently reviewed in Journal of Economic …

Recruitment And Retention Of Immigrants In A Global Labour Market: Implications For Policy, Christopher Robinson

Western Migration Conference Series

Bio:

Chris Robinson studied economics at the London School of Economics and the University of Chicago, and has been a faculty member at the University of Western Ontario since 1977. His research has focused on human capital and wage issues including human capital specificity, labour supply, migration, and unions and he has published a wide range of articles on these topics in scholarly journals. From 1993 to 2003 he served as associate editor of the Journal of
Labor Economics. From 2001 to 2010 he held the CIBC Chair in Human Capital and
Productivity at the University of Western Ontario …

Rural Centres And Immigration: Policy, People, And Applied Research, William Ashton

Western Migration Conference Series

Roles of immigrants in rural centres is not well understood. Research is needed to define a welcoming community, yet Steinbach and Brandon, Mantioba serve as examples of welcoming immigrants. From interviews, immigrant priorities are housing and employment. Recent research described rural housing strategies and pathways for hiring immigrants. Rural policy implications are also noted.

Trends And Inconsistencies In Immigration And Refugee Board Case Decisions, Julianna Beaudoin

Western Migration Conference Series

The last fifteen years have included dramatic policy changes to the Canadian Immigration and Refugee Board (IRB). These changes are reflected through IRB year-end statistics/graphs and an anthropologically focused discussion that illustrates the need for reform to correct current inconsistencies in the IRB decision-making process.

Immigration And The Population Of Canada: The 2000-2010 Decade In Historical Context, Roderic Beaujot, Muhammed Raza

Western Migration Conference Series

The paper elaborates the role of immigration and immigration policy in Canada. Certain phases of immigration are identified in historical and policy contexts. The consequences of immigration in terms of population growth, age structure and geographical distribution are highlighted. The paper concludes with the social, economic and cultural impact of immigration.

Sociolinguistics Barriers: Constructing And Reproducing Temporary Migrants' Social Inequalities, Maria Eugenia De Luna Villalón

Western Migration Conference Series

This study explores the sociolinguistic barriers that Mexican Agricultural Temporary Workers (MATW) experience during their temporary stays in Canada. Following an ethnographic approach, some of the findings were that the sociolinguistic barriers lead to sociolinguistic dependency, increasing and perpetuating human and social inequalities of the MATW.

The Campaign For Bias-Free Policing In Vermont: One State’S Resistance To The Localization Of Federal Immigration Agency, Amanda L. Park

Capstone Collection

There are roughly 1,500 immigrants from Mexico and Central America currently working on farms in Vermont, helping to sustain approximately half of all milk produced in the state. But the lack of adequate visa-to-work options leaves these individuals without proper documentation to be in the US. As such, they are vulnerable to exploitation by their employers, susceptible to harassment from the communities in which they live, and under constant threat of deportation by federal immigration agents. Now, the US Department of Homeland Security—in charge of domestic defense and immigration—is attempting to use local and state law enforcement officers in the …

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.

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Faculty Articles

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

Implementation Analysis Of Two Legal Means To Grant Undocumented Immigrant Crime Victims U.S. Residency Status, Shelley Sellwood-Davis

MPA/MPP/MPFM Capstone Projects

In order to complete an implementation analysis of the T Human Trafficking Status and the U Victims of Crime Status, legislation, articles, annual reports produced by the government and its agencies, and written documents were assessed and compiled to create a framework for highlighting the significant elements of each status, a process that has not been done prior to this effort. This framework was then examined from an intervention theorist’s perspective to assess whether the statuses have been implemented in a manner that meets the goals of the authorizing legislation.

The T Human Trafficking Status and U Victims of Crime …

Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment, D. Carolina Nuñez

Faculty Scholarship

As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established "substantial connections" to the United States. Lower courts have relied on Verdugo's holding to categorically deny Fourth Amendment rights to certain classes of undocumented immigrants. Commentators have criticized the "substantial connections" test as an isolated misinterpretation of Court precedent regarding the rights of aliens within the United States. …

The Political Origins And Development Of Australia’S People Smuggling Legislation: Evil Smugglers Or Extreme Rhetoric?, Jack H. Smit

Theses: Doctorates and Masters

This thesis explores the Australian State response to the voyage facilitators of maritime asylum seekers, commonly known as ‘people smugglers’. It does so by examining a number of Parliamentary debates and previously confidential Cabinet papers. Negative depictions of asylum seekers and their voyage facilitators as well as the prevailing political discourse is critically explored while Parliamentary debates are analysed using Critical Discourse Analysis. The research questions the ways Australian legislators justified the criminalisation of these voyage facilitators and investigates whether political elites were sufficiently informed about the circumstances of maritime asylum seeker journeys and the unique nature of their travel …

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

El Futuro De La Inmigración En España - (“Future Of Immigration In Spain”), Joshua Bruno

Independent Study Project (ISP) Collection

The following argument is about the highly disputed theme of Immigration. Like all countries around the world, Spain manages a population of foreigners that have turned up in search of a new opportunity. If these migrants are able to enter the European Union, they still face many obstacles, including racism and extreme poverty. Yet, their contributions to a struggling European economy are undeniable. The following paper attempts to highlight these important contributions and demonstrate how in a liberal democratic society, such as Spain’s, a more accepting immigration policy where more sanitary conditions provided to immigrants could work. Furthermore, these arguments …

Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.

A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco

Agribusiness

This study was conducted to define the current situation between contracted seasonal workers and farm labor contractors in the Stockton area. Specifically, this study focuses on the perception workers have of farm labor contracted employment. It also addresses the perception farm labor contractors have on the contracting business.

To gather the information needed to compare perceptions, interviews with twelve contracted seasonal workers and two farm labor contractors were conducted in Stockton. The analysis process consists of a detailed account of the problems workers and farm labor contractors encounter in the farm labor contracting business.

The results of these interviews concluded …

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.

The Politics Of Immigration: A Representation Of The Unconscious Mind, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the concept of an illegal immigrant from different psychological perspectives.

Profiles Of Asian American Subgroups In Massachusetts: Korean Americans In Massachusetts, Nathan James Bae Kupel

Institute for Asian American Studies Publications

This report looks at Korean Americans in Massachusetts with a focus on the Metro Boston area. Using the 2000 U.S. Census and the American Community Survey 2005–2007 Three-Year Estimates in combination with interviews and secondary research, this profile looks at Korean American demographics and community perspectives.

Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang

Trotter Review

In 2002, the oldest Khmer (Cambodian) American community organization in Massachusetts, the Cambodian Community of Massachusetts (CCM), closed its doors to constituents in the state’s North Shore metro region, where the adjacent gateway cities of Lynn and Revere were home to the country’s fifth-largest concentration of Cambodian Americans, according to the 2000 Census. Founded by Cambodian refugees and their supporters in 1981 as one of the first-generation mutual assistance associations encouraged by the federal Office for Refugee Resettlement, CCM had operate as an ethnic-based, multiservice agency that helped survivors of war and trauma in Cambodia to adjust to U.S. society …

Immigration, Ethnicity, And Marginalization: The Maya K’Iche Of New Bedford, Jorge Capetillo-Ponce, Gissell Abreu-Rodriguez

Trotter Review

On Tuesday, March 6, 2007, more than 300 armed Immigration and Customs Enforcement (ICE) agents arrested 361 presumed undocumented immigrant workers at the Michael Bianco Inc. factory in New Bedford, Massachusetts. More than half of the workers detained were from Guatemala, the majority belonging to the Maya K’iche (we will use K’iche) community, an ethnic group originally from the mountains of western Guatemala whose members began arriving in the New Bedford area from Providence, Rhode Island, where there is an older K’iche community, during the late 1980s and early 1990s, at the height of a violent confrontation in Guatemala between …

Migrant Workers In Saudi Arabia, Sarah Jessup

Human Rights & Human Welfare

One of the wealthiest countries in the Middle East, the Kingdom of Saudi Arabia is also one of the largest exporters of oil, and as such, one of the most influential in the region. Despite this, more than 50 per cent of the work force (nearly 6 million people) in the Saudi Arabia are migrant workers (FIDH, 2003, 3). They contribute billions of dollars each year to their home countries through remittances. With such a large population hailing from outside the Kingdom, it would seem that transnational migrants would have a larger voice in the rights and freedoms they are …