Download or read book Migrants and the Courts written by Geoffrey Care and published by Routledge. This book was released on 2016-04-22 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Download or read book Immigrants in Courts written by Joanne I. Moore and published by University of Washington Press. This book was released on 2000-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hundreds of thousands of immigrants enter the United States each year, and the number appearing in U.S. courts is rising in many states. Immigrants in Courts addresses their access to justice in the United States and the procedural obstacles they face. Immigrants� cultural and linguistic dilemmas in court are explored through their words and the reports of judges, attorneys, and court interpreters. Techniques for responding to the problem are examined in this readable and informative text. Immigrants in Courts provides judges, court staff, and advocates with ready information about the legal and cultural systems under which many immigrants grew up. Legal experts discuss the legal systems of four countries--China, Mexico, Russia, and Vietnam--and of the Muslim world. They explore not only how the law appears on the books but how the general population of a country perceives its legal system and how perceptions affect expectations in the new country.
Download or read book Litigating Immigration Cases in Federal Court written by Robert Pauw and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Accidental History of the U S Immigration Courts written by Alison Peck and published by Univ of California Press. This book was released on 2022-05-10 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.
Download or read book Court of Injustice written by J.C. Salyer and published by Stanford University Press. This book was released on 2020-06-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.
Download or read book Demanding Rights written by Moritz Baumgärtel and published by Cambridge University Press. This book was released on 2019-05-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Download or read book The Immigration Battle in American Courts written by Anna O. Law and published by Cambridge University Press. This book was released on 2010-06-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.
Download or read book When Humans Become Migrants written by Marie-Bénédicte Dembour and published by OUP Oxford. This book was released on 2015-03-26 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
Download or read book From Every End of This Earth written by Steven V. Roberts and published by Harper Collins. This book was released on 2009-10-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times bestselling author Steven V. Roberts follows the stories of thirteen immigrant families in From Every End of This Earth, a poignant and eye-opening look at immigration in America today. He captures the voices of those living the promise of a new land—and the difficulties of starting over among strangers whose suspicions increasingly outweigh their open-armed acceptance. As the political debate rages on, Roberts sheds light on the enormous contributions immigrants continue to make to the fabric and future of America.
Download or read book The British Immigration Courts written by Max Travers and published by Policy Press. This book was released on 1999-07-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the work in the court-system that hears appeals from immigrants and asylum seekers against decisions made by the British government. It considers the administrative problems and the perspective of pressure groups and politicians.
Download or read book Immigration Judges and U S Asylum Policy written by Banks Miller and published by University of Pennsylvania Press. This book was released on 2015 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
Download or read book Contesting Immigration Policy in Court written by Leila Kawar and published by Cambridge University Press. This book was released on 2015-06-25 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of immigrant rights litigation over the past four decades in the United States and France.
Download or read book Access to Justice for Migrants and Asylum Seekers in Europe written by Jeremy McBride and published by Council of Europe. This book was released on 2009-01-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.
Download or read book Mental Health Evaluations in Immigration Court written by Virginia Barber-Rioja and published by NYU Press. This book was released on 2022-08-16 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: PROSE Award- Psychology Finalist A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or “removal” proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court—often without an attorney if they cannot afford one—as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant’s plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.
Download or read book Refugee Roulette written by Jaya Ramji-Nogales and published by NYU Press. This book was released on 2011-04-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
