Download or read book Undocumented Immigrants in an Era of Arbitrary Law written by Robert F. Barsky and published by Routledge. This book was released on 2015-08-11 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.
Download or read book Undocumented Immigrants in an Era of Arbitrary Law written by Robert F. Barsky and published by Routledge. This book was released on 2015-08-11 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.
Download or read book Banned written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2021-04-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.
Download or read book Undocumented written by Aviva Chomsky and published by Beacon Press. This book was released on 2014-05-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A longtime immigration activist explores what it means to be an undocumented American—revealing the ever-shifting nature of status in the U.S.—in this “impassioned and well-reported case for change (New York Times) In this illuminating work, immigrant rights activist Aviva Chomsky shows how “illegality” and “undocumentedness” are concepts that were created to exclude and exploit. With a focus on US policy, she probes how people, especially Mexican and Central Americans, have been assigned this status—and to what ends. Blending history with human drama, Chomsky explores what it means to be undocumented in a legal, social, economic, and historical context. The result is a powerful testament of the complex, contradictory, and ever-shifting nature of status in America.
Download or read book Local Fiscal Effects of Illegal Immigration written by National Research Council and published by National Academies Press. This book was released on 1996-11-25 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent level of illegal immigration to the United States has increased debates about the effect of these immigrants on the cost of public services, and states have begun to enact policies that limit the public services available to illegal immigrants. The central issues are how many illegal immigrants reside in particular local areas and states and their effect on public expenditures and revenues and the economy in general. The Local Fiscal Effects of Illegal Immigration workshop selected six studies for analysis. The six case studies focused on one specific aspect of the complex question of the demographic, economic, and social effects of immigration: the net public services costs of illegal immigrants to selected geographical regions.
Download or read book Policing Undocumented Migrants written by Louise Boon-Kuo and published by Routledge. This book was released on 2017-08-07 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.
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.
Download or read book Making People Illegal written by Catherine Dauvergne and published by Cambridge University Press. This book was released on 2008-04-14 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Migrants Before the Law written by Tobias G. Eule and published by Springer. This book was released on 2018-11-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Download or read book Navigating the European Migration Regime written by Anna Wyss and published by Policy Press. This book was released on 2022-08-29 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: EPDF and EPUB available Open Access under CC-BY-NC-ND. Amid the heavy politicisation and problematisation of male migrants in Europe, this ethnographic study casts new light on their experiences, struggles and everyday resistance. The author follows the journeys of those who seek, but have little hope of achieving, permanent residence status in European countries, tracking their successive migrations, detentions and deportations within and beyond the continent. She explores migrants’ tactics, the impact of precarity on their lives and the dual feelings of enduring hope and powerless vulnerability they experience. This is a sensitive and insightful analysis of how the European migration regime shapes, and is shaped by, migrants’ practices.
Download or read book Immigrant Lives written by Edward Shizha and published by Oxford University Press. This book was released on 2023 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Voluntary and involuntary human mobility in the form of migration is a natural human phenomenon which has been a central feature from the ancient times into the modern times. While the boundaries between voluntary and involuntary migrants are blurred, voluntary migrants in the context of this book refer to those who migrate out of their own free choice based on socioeconomic considerations while involuntary migrants are forced to leave their country out of fear of persecution or insecurity caused by political violence or civil and military strife. In this book, the terms, 'newcomer', 'foreign born' and 'migrant' and 'immigrant' are used interchangeably and refer to those who were born in another country and later emigrated to another country as permanent residents (later becoming citizens), asylum seekers and refugees. Migration is an increasing challenge faced by countries, institutions and individuals in both sending and receiving countries. In countries where there is a large inflow of immigrants, migration has created a multiple-origin, transnationally connected, socio-economically differentiated and legally stratified demographic landscape which lends itself to a description of superdiverse societies (Jensen & Gidley, 2014; Vertovec, 2007). Most industrialized countries - mostly in the Global North - are experiencing low birth rates and are dependent on immigrants to satisfy their job market and population growth while less developed nations - mostly in the Global South - are experiencing low economic growth, inadequate socioeconomic opportunities. These social and economic challenges are presently the cornerstone of migration, transnationalism and transnationality"--
Download or read book Cultural Rights of Third Country Nationals in EU Law written by Anna Magdalena Kosińska and published by Springer Nature. This book was released on 2019-12-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.
Download or read book Lawyering an Uncertain Cause written by Michele Statz and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, a number of youth who migrate alone and clandestinely from China to the United States are apprehended, placed in removal proceedings, and designated as unaccompanied minors. These young migrants represent only a fraction of all unaccompanied minors in the US, yet they are in many ways depicted as a preeminent professional and moral cause by immigration advocates. In and beyond the legal realm, the figure of the "vulnerable Chinese child" powerfully legitimates legal claims and attorneys' efforts. At the same time, the transnational ambitions and obligations of Chinese youth implicitly unsettle this figure. The maneuvers of these youth not only belie attorneys' reliance on racialized discourses of childhood and the Chinese family, but they also reveal more broad uncertainties around legal frameworks, institutional practices, health and labor rights—and cause lawyering itself. Based on three years of fieldwork across the United States, Lawyering an Uncertain Cause is a novel study of the complex and often contradictory rights, responsibilities, and expectations that motivate global youth and the American attorneys who work on their behalf.
Download or read book Clamouring for Legal Protection written by Robert F Barsky and published by Bloomsbury Publishing. This book was released on 2021-06-17 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.
Download or read book Open Borders written by Reece Jones and published by University of Georgia Press. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.
Download or read book Migration in the Time of COVID 19 Comparative Law and Policy Responses written by Jaya Ramji-Nogales and published by Frontiers Media SA. This book was released on 2021-07-28 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegal Migration and Gender in a Global and Historical Perspective written by Marlou Schrover and published by Amsterdam University Press. This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive study combines the two subjects and views the migration scholarship through the lens of the gender perspective.
