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Immigration and Refugee Law and Policy
The 2007 Supplement covers the vital developments in immigration and refugee law and policy since the publication of the Fourth Edition's new cases, legislative action, regulations, scholarly advances, and political debate. Among the highlights: Developments on material support for terrorist organizations The Supreme Court's decision in Lopez v. Gonzales on drug crimes as aggravated felonies Judicial criticisms of the removal process, immigration judges, and the BIA Developments on judicial review of removal orders New requirements for establishing social group asylum claims Recent developments on asylum claims based on coercive population controls
Refugees, Asylum Seekers and the Rule of Law
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.
Specialized Justice
Specialized Justice addresses the question of the desirability of specialization in the administration of justice. Should there be more, rather than less, sub-division of the judiciary into specialized tribunals? What is most desirable in terms of efficiency, speed, true justice, and cost? Theauthor attempts to answer these questions both by examining theoretical paradigms and also by describing the results of an empirical study which he has undertaken. He concludes by examining variables that apply in different jurisdictions and which should, if accounted for properly, allow generalizedlessons to be extracted from the individual studies.
Refugees and Rights
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The...
Protecting Stateless Persons
In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.
The Uprooted
By conservative estimates about 50 million migrants are currently living outside of their home communities, forced to flee to obtain some measure of safety and security. In addition to persecution, human rights violations, repression, conflict, and natural and human-made disasters, current causes of forced migration include environmental and development-induced factors. Today's migrants include the internally displaced, a category that has only recently entered the international lexicon. But the legal and institutional system created in the aftermath of World War II to address refugee movements is now proving inadequate to provide appropriate assistance and protection to the full range of fo...
Americans in Waiting
Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.
Refugee Roulette
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.
Beyond Deportation
The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to b...
