Wednesday, June 18, 2014
Each year, more than half a million migrant children journey from countries around the globe and enter the United States with no lawful immigration status; many of them have no parent or legal guardian to provide care and custody. Yet little is known about their experiences in a nation that may simultaneously shelter children while initiating proceedings to deport them, nor about their safety or well-being if repatriated. Migrant Youth, Transnational Families, and the State examines the draconian immigration policies that detain unaccompanied migrant children and draws on U.S. historical, political, legal, and institutional practices to contextualize the lives of children and youth as they move through federal detention facilities, immigration and family courts, federal foster care programs, and their communities across the United States and Central America.
Through interviews with children and their families, attorneys, social workers, policy-makers, law enforcement, and diplomats, anthropologist Lauren Heidbrink foregrounds the voices of migrant children and youth who must navigate the legal and emotional terrain of U.S. immigration policy. Cast as victims by humanitarian organizations and delinquents by law enforcement, these unauthorized minors challenge Western constructions of child dependence and family structure. Heidbrink illuminates the enduring effects of immigration enforcement on its young charges, their families, and the state, ultimately questioning whose interests drive decisions about the care and custody of migrant youth.
Friday, June 13, 2014
From the Bookshelves: Law in Transition: Human Rights, Development and Transitional Justice Edited by Ruth Buchanan and Peer Zumbansen Law
Law has become the vehicle by which countries in the "developing world," including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments.
The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible.
The book is designed for research and teaching at both undergraduate and graduate levels.
Ruth Buchanan is an Associate Professor of Law at Osgoode Hall Law School, Toronto. Peer Zumbansen is Professor of Law and Canada Research Chair at Osgoode Hall Law School, Toronto.
Thursday, June 12, 2014
Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive.
Spanning several continents and drawing on the actual stories of young migrants, the book shows how difficult it is for children to reunite with parents who left them behind to seek work abroad. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers.
Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children--one we need to address head-on.
Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.
Jacqueline Bhabha is professor of the practice of health and human rights at the Harvard School of Public Health, director of research at Harvard's François-Xavier Bagnoud Center for Health and Human Rights, and the Jeremiah Smith, Jr. Lecturer at Harvard Law School. Her books include Children without a State: A Global Human Rights Challenge.
Table of Contents
The Right to Respect for Family Life? Moving Children for Family
Chapter 1 Looking for Home: The Elusive Right to Family Life
Chapter 2 Staying Home: The Elusive Benefits of Child Citizenship
Chapter3 Family Ambivalence: The Contested Terrain of Intercountry Adoption
PART II Youthful Commodities: Moving Children for Exploitation
Chapter 4 Targeting the Right Issue: Trafficked Children and the Human Rights Imperative
Chapter 5 Under the Gun: Moving Children for War
PART III Demanding a Future: Child Migration for Survival
Chapter 6 David and Goliath: Children's Unequal Battle for Refugee Protection
Chapter 7 Demanding Rights and a Future: Adolescents on the Move for a Better Life
Wednesday, June 11, 2014
EU Asylum Procedures and the Right to an Effective Remedy by Marcelle Reneman
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam.
Tuesday, June 10, 2014
From the Bookshelves: Constructing Immigrant 'Illegality' Critiques, Experiences, and Responses Editors: Cecilia Menjívar and Daniel Kanstroom
Contributors: Cecilia Menjívar, Daniel Kanstroom, Nicholas De Genova, Nestor Rodriguez, Cristian Paredes, Leo R. Chavez, Josiah McC. Heyman, Leisy Abrego, Roberto G. Gonzales, Luisa Laura Heredia, Genevieve Negrón-Gonzales, Joanna Dreby, Tanya Golash-Boza, Walter J. Nicholls, Pierrette Hondagneu-Sotelo, Jose Miguel Ruiz, Marie Friedmann Marquardt, Susanna J. Snyder, Manuel A. Vásquez, Doris Marie Provine, Paul G. Lewis, Donald Kerwin, Bill Ong Hing
The topic of “illegal” immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human “illegality” has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines – anthropology, law, political science, religious studies, and sociology – examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, and how its power is wielded and resisted. The authors conclude that the current concept of immigrant illegality is in need of sustained critique, as careful analysis will aid policy discussions and lead to more just solutions.
Monday, June 9, 2014
The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the existing and proposed CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Saturday, May 31, 2014
From the Bookshelves: Strange Neighbors: The Role of States in Immigration Policy Edited By Carissa Byrne Hessick and Gabriel J. Chin
Since its founding, the U.S. has struggled with issues of federalism and states’ rights. In almost every area of law, from abortion to zoning, conflicts arise between the states and the federal government over which entity is best suited to create and enforce laws. In the last decade, immigration has been on the front lines of this debate, with states such as Arizona taking an extremely assertive role in policing immigrants within their borders. While Arizona and its notorious SB 1070 is the most visible example of states claiming expanded responsibility to make and enforce immigration law, it is far from alone. An ordinance in Hazleton, Pennsylvania prohibited landlords from renting to the undocumented. Several states have introduced legislation to deny citizenship to babies who are born to parents who are in the United States without authorization. Other states have also enacted legislation aimed at driving out unauthorized migrants.
Strange Neighbors explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate. While many contributors point to the dangers inherent in state regulation of immigration policy, at least two support it, while others offer empirically-based examinations of state efforts to regulate immigration within their borders, pointing to wide, state-by-state disparities in locally-administered immigration policies and laws.
Ultimately, the book offers an extremely timely, thorough, and spirited discussion on an issue that will continue to dominate state and federal legislatures for years to come.
Table of Contents
Introduction Gabriel J. Chin and Carissa Byrne Hessick
I. The Recent Spate of State and Local Immigration Regulation
1. Measuring the Climate for Immigrants: State Analysis Huyen Pham and Pham Hoang Van
2. How Arizona Became Ground Zero in the War on Immigrants Douglas S. Massey
II. Historical Antecedents to the Modern State and Local Efforts to Regulate Immigration
3. “A War to Keep Alien Labor out of Colorado”: The “Mexican Menace” and the Historical Origins of Local and State Anti-Immigration Initiatives Tom I. Romero II
III. A Defense of State and Local Efforts
4. Reinforcing the Rule of Law: What States Can and Should Do Kris W. Kobach
5. The States Enter the Illegal Immigration Fray John C. Eastman
IV. A Critical Evaluation of the New State Regulation
6. Broken Mirror: The Unconstitutional Foundations of New State Immigration Enforcement Gabriel J. Chin and Marc L. Miller
7. The Role of States in the National Conversation on Immigration Rick Su
8. Post-Racial Proxy Battles over Immigration Mary Fan
From the Bookshelves: Human Trafficking Law and Policy by Bridgette Carr, Anne Milgram, Kathleen Kim, Stephen Warnath
Human Trafficking Law and Policy, for the first time brings together the case law, legislation and scholarship that comprise domestic and international human trafficking law. Organized to reflect the cross-section of criminal justice, civil and human rights, immigration and international law that frames human trafficking law and policy, this book includes chapters on the Trafficking Victims Protection Act and its doctrinal history, the Palermo Protocol, as well as the implementation and interpretation of human trafficking laws in the criminal, civil and immigration contexts. Compiled by a team of authors whose combined expertise includes experience criminally prosecuting and civilly litigating human trafficking cases, defending human trafficking victims, and teaching and writing about human trafficking at law schools, governments, NGOs and businesses around the world, this book provides both substantive and practical insight into the role of the human trafficking lawyer as counselor, litigator, and policy maker.
Thursday, May 29, 2014
The Beauty of Dreams Publisher: ABA Book Publishing
Award winning author Jo S. Kittinger and illustrator Chuck Galey once again draw us into the world of The Kids in Building 160 series in the compelling story of a popular high-performing high school student-athlete and musician who learns from his college counselor that he entered the country illegally as a toddler. He lacks the legal status and documentation necessary for him to obtain financial aid to pursue his dream of a college education, and he is possibly subject to deportation. With an introduction by his younger friend, whom we know from earlier books in the series, A Breath of Hope and Helping a Hero, and a knowledgeable pro bono lawyer, the student finds legal and financial resources that may be available to help him pay for college and enable him to stay in the United States after graduation.
This 32-page picture book is an invaluable immigration primer for readers of all ages. Kittinger s remarkable story of self-empowerment through legal literacy and Galey's beautifully evocative illustrations exemplify the courage needed to embark on a promising beginning toward the beauty of a dream fulfilled.
Wednesday, May 28, 2014
From the Bookshelves: The United States, International Law and the Struggle against Terrorism by Thomas McDonnell
The United States, International Law and the Struggle against Terrorism by Thomas McDonnell, Routledge – 2011 – 328 pages Series: Routledge Research in Terrorism and the Law
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism."
Monday, May 26, 2014
Millions of people—nearly 3 percent of the world’s population—no longer live in the country where they were born. Every day, migrants enter not only the United States but also developed countries without much of a history of immigration. Some of these nations have switched in a short span of time from being the source of immigrants to being a destination for them. International migration is today a central subject of research in modern labor economics, which seeks to put into perspective and explain this historic demographic transformation. Immigration Economics synthesizes the theories, models, and econometric methods used to identify the causes and consequences of international labor flows. Economist George Borjas lays out with clarity and rigor a full spectrum of topics, including migrant worker selection and assimilation, the impact of immigration on labor markets and worker wages, and the economic benefits and losses that result from immigration. Two important themes emerge: First, immigration has distributional consequences: some people gain, but some people lose. Second, immigrants are rational economic agents who attempt to do the best they can with the resources they have, and the same holds true for native workers of the countries that receive migrants. This straightforward behavioral proposition, Borjas argues, has crucial implications for how economists and policymakers should frame contemporary debates over immigration.
Tuesday, May 20, 2014
From the Bookshelves: No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State by Glenn Greenwald
Now for the first time, Greenwald fits all the pieces together, recounting his high-intensity ten-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA’s unprecedented abuse of power with never-before-seen documents entrusted to him by Snowden himself.
Going beyond NSA specifics, Greenwald also takes on the establishment media, excoriating their habitual avoidance of adversarial reporting on the government and their failure to serve the interests of the people. Finally, he asks what it means both for individuals and for a nation’s political health when a government pries so invasively into the private lives of its citizens—and considers what safeguards and forms of oversight are necessary to protect democracy in the digital age. Coming at a landmark moment in American history, No Place to Hide is a fearless, incisive, and essential contribution to our understanding of the U.S. surveillance state.
Friday, May 16, 2014
After Wopper Barraza's fourth drunk driving violation, the judge orders his immediate deportation. "But I haven't been there since I was a little kid," says Wopper, whose parents brought him to California when he was three years old. Now he has to move back to Michoacán. When he learns that his longtime girlfriend is pregnant, the future looks even more uncertain. Wopper's story unfolds as life in a rural village takes him in new and unexpected directions.
This immigrant saga in reverse is a story of young people who must live with the reality of their parents' dream. We know this story from the headlines, but up to now it has been unexplored literary territory.
Monday, May 12, 2014
From the Bookshelves: Making Hispanics: How Activists, Bureaucrats, and Media Constructed a New American by G. Cristina Mora
How did Puerto Ricans, Mexicans, and Cubans become known as “Hispanics” and “Latinos” in the United States? How did several distinct cultures and nationalities become portrayed as one? Cristina Mora answers both these questions and details the scope of this phenomenon in Making Hispanics. She uses an organizational lens and traces how activists, bureaucrats, and media executives in the 1970s and '80s created a new identity category—and by doing so, permanently changed the racial and political landscape of the nation. Some argue that these cultures are fundamentally similar and that the Spanish language is a natural basis for a unified Hispanic identity. But Mora shows very clearly that the idea of ethnic grouping was historically constructed and institutionalized in the United States. During the 1960 census, reports classified Latin American immigrants as “white,” grouping them with European Americans. Not only was this decision controversial, but also Latino activists claimed that this classification hindered their ability to portray their constituents as underrepresented minorities. Therefore, they called for a separate classification: Hispanic. Once these populations could be quantified, businesses saw opportunities and the media responded. Spanish-language television began to expand its reach to serve the now large, and newly unified, Hispanic community with news and entertainment programming.
Through archival research, oral histories, and interviews, Mora reveals the broad, national-level process that led to the emergence of Hispanicity in America.
Saturday, May 3, 2014
From the Bookshelves: Immigration and the Next America: Renewing the Soul of Our Nation by Archbishop José Gomez
Archbishop José Gomez has written a personal, passionate and practical contribution to the national debate about immigration - pointing the way toward a recovery of America's highest ideals.
"Immigration is a human rights test of our generation. It's also a defining historical moment for America. The meaning of this hour is that we need to renew our country in the image of her founding promises of universal rights rooted in God. Immigration is about more than immigration. It's about renewing the soul of America." —Archbishop José H. Gomez Archbishop
José H. Gomez is one of the leading moral voices in the American Catholic Church. He is the Archbishop of Los Angeles, the nation's largest Catholic community and the Chairman of the United States Catholic Bishops' Committee on Migration and a papal appointee to the Pontifical Commission for Latin America. Archbishop Gomez is a native of Monterrey, Mexico and a naturalized U.S. citizen.
Monday, April 28, 2014
FROM THE BOOKSHLEVES: Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists (by Jeffrey Kahn, University of Michigan Press, 2013)
Since 9/11, migration-related security measures, including a growing reliance on watch-lists, have limited the right to travel. Jeffrey Kahn’s book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists, examines the legal and policy questions raised by prohibitions on travel by U.S. citizens. Click here for a link to the review.
Tuesday, April 22, 2014
REVIEW ESSAY J. Angelo Corlett & Kimberly Unger, "The Collateral Damage of Opening Floodgates: Problems with Kevin R. Johnson's Arguments for U.S. Immigration Reform"
Here is a review essay of my book Opening the Floodgates: Why America Needs to Rethink Its Borders and Immigration Laws (2009) by J. Angelo Corlett and Kimberly Unger "The Collateral Damage of Opening Floodgates: Problems with Kevin R. Johnson's Arguments for U.S. Immigration Reform.”
Monday, April 21, 2014
In 1976, when Paul Hsu decided to bid farewell to his native Taiwan and emigrated to the U.S., he was in search of a better education and more promising career prospects. What he found was the land of opportunity. Now a business owner, engineer, presidential appointee, and devoted husband and father, Paul is a proud American who’s aspirations and drive to make a better life for himself, his family and the people around him would not have come to fruition were it not for that fateful choice he made almost 40 years ago.
In Guardians of the Dream, Paul recounts his journey as a newly arrived immigrant with $500 to his name to founder and chief executive of a 450-employee company with annual revenues of $60 million. In addition, the new book captures his insights on the invaluable role today’s immigrants play in keeping America atop the global marketplace.
A refutation of the cynical pronouncements that America and its ideals are in decline, as well as a reaffirmation of the unifying principles that served to shape the most powerful democracy and economy in the world, Guardians of the Dream is testament that the American Dream—in large part because of its tradition of immigrants—is alive and as strong as ever.
Wednesday, April 9, 2014
From the Bookshelves: Becoming American Why Immigration Is Good for Our Nation's Future by Fariborz Ghadar
Becoming American Why Immigration Is Good for Our Nation's Future by Fariborz Ghadar
For policy makers, business leaders, and American citizens, immigration reform is one of the defining issues of our time. In turns both personal and analytical, remaining factual and well-argued throughout, Fariborz Ghadar’s Becoming American makes the case for common sense immigration policies and practices that will not only help strengthen America’s economy and role as world leader, but will also help millions of prospective immigrants and their families start making more out of their lives today, and for generations to come. The author is an Iranian immigrant who fled his homeland decades ago in search of a more stable and successful future. Weaving his personal story into that of the millions of immigrants facing unnecessary hurdles at the global level, he demonstrates the need for our governments and leaders to make policy decisions intelligently – not just based on current circumstances – but with an eye toward a future brighter than our current state of dysfunction, uncertainty, and regrettable bigotry towards those with funny names. Based on our nation’s undeniable history as a nation of immigrants, we cannot fail to address the impact that immigration will have on our future if we want to accurately plan for a thriving, diverse and better tomorrow. Becoming American understand helps readers not only the mindset of America’s immigrant populations, but makes the case for America once more as a place for the world’s hardest workers, loftiest dreamers, and most prosperous people.
Fariborz Ghadar is the founding director of The Center for Global Business Studies at Penn State University, and a Distinguished Scholar and Senior Adviser at the Center for Strategic & International Studies.
Friday, April 4, 2014
From the Bookshelves: To March for Others: The Black Freedom Struggle and the United Farm Workers by Lauren Araiza
In 1966, members of the Student Nonviolent Coordinating Committee, an African American civil rights group with Southern roots, joined Cesar Chavez and the United Farm Workers union on its 250-mile march from Delano to Sacramento, California, to protest the exploitation of agricultural workers. SNCC was not the only black organization to support the UFW: later on, the NAACP, the National Urban League, the Southern Christian Leadership Conference, and the Black Panther Party backed UFW strikes and boycotts against California agribusiness throughout the late 1960s and early 1970s. To March for Others explores the reasons why black activists, who were committed to their own fight for equality during this period, crossed racial, socioeconomic, geographic, and ideological divides to align themselves with a union of predominantly Mexican American farm workers in rural California.
Lauren Araiza considers the history, ideology, and political engagement of these five civil rights organizations, representing a broad spectrum of African American activism, and compares their attitudes and approaches to multiracial coalitions. Through their various relationships with the UFW, Araiza examines the dynamics of race, class, labor, and politics in twentieth-century freedom movements. The lessons in this eloquent and provocative study apply to a broader understanding of political and ethnic coalition building in the contemporary United States.
Lauren Araiza is Associate Professor of History at Denison University.