Saturday, July 26, 2014
Cyrus D. Mehta writes that the overreaction surrounding 57, 000 unaccompanied children who have come to the United States, with a population of 300 million, is not befitting of a great nation of immigrants. Indeed, some of the reaction against these children has been nothing short of disgraceful. The waiving of the American flag against busloads of dazed and frightened children by residents of Murrieta in California did a great disservice to the ideals symbolized by this flag. The summoning of the Texas National Guard to the border against these children, unschooled in the complexities of immigration law, is also unwarranted. Are they going to shoot at these kids? It is further worth noting that developing countries host 80% of the world’s displaced population, while most of the anti-refugee sentiment is heard loudest in industrialized countries.Cliock the link above for the rest of Cyrus's post.
Friday, July 25, 2014
President Obama’s recent announcement requesting recommendations for administrative action, as well as the influx of child refugees coming across the southern border has reignited a debate over immigration policy, as both sides grapple with how to handle the arrivals. While there is heightened attention to the minors coming in at the border, another set of youth, young U.S.-born people, are paying very close attention to a range of immigration issues.
A new report released today by the Center for American Progress and the Center for the Study of Immigrant Integration at USC details just how important the actions of both parties and the president on these pressing matters are to one of the fastest-growing segments of the electorate: the children of immigrants. The U.S.-born children of unauthorized immigrants alone will be able to cast 11 million ballots over the course of the next five presidential elections, and they will be watching to see how both parties address immigration.
As the report points out, most economists agree that repairing the nation’s immigration system will benefit the country’s economy, and that a path to citizenship would improve the fortunes and well-being of a large number of U.S. families. And yet the stalling of action on immigration reform continues. The effect of today’s divisive immigration politics may be even greater than numbers previously analyzed, as historical evidence and current polling point to the fact that immigration is a touchstone issue in voting preferences for the children of all immigrants. Widening the lens to include this entire group means a possible 15.4 million voters by 2032, who could potentially cast 41 million ballots over those election cycles. Shifting the focus slightly to consider all citizens of Latino or Asian American descent would bring the total number of new voters to 19.3 million, with a combined potential of 52 million presidential ballots cast.
Political inaction on immigration reform fails to recognize the mixed-status realities of many families, eliminates the potential financial benefits to these families and to society at large, and is likely to entrench a second generation against political actors perceived as holding up immigration reform progress.
Reuters reports that California Attorney General Kamala Harris has asked several major law firms to provide pro bono services to unaccompanied immigrant children coming to the United States. "We've convened a group of law firms to make sure these children, some of them as young as 8 years old, have access to due process," Harris said on Thursday.
The Detroit News reports that Congressman Kerry Bentivolio (R-MI) on Thursday returned an award from the U.S. Chamber of Commerce that he accepted earlier this year after disagreeing with the organization’s stance on immigration. Bentivolio returned the “Spirit of Enterprise” award because of the Chamber's support for a path to legalization for undocumented immigrants.
The U.S. Chamber has endorsed Birmingham a challenger to Bentivolio in the Republican primary.
Internment in the United Kingdom During the Twentieth Century and Its Links to the Evolution of Immigration Detention by Stephanie J. Silverman
Internment in the United Kingdom During the Twentieth Century and Its Links to the Evolution of Immigration Detention by Stephanie J. Silverman Detention and Asylum Research Cluster, Refugee Research Network; Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security June 2014 International Journal of Criminology and Sociology, 2014, 3, 168-174
Abstract: Immigration detention is cementing into a permanent aspect of border and immigration control in the United Kingdom. This article uses a historical examination of internment to contribute to a larger literature that unsettles the official record of detention policy as a natural development in an otherwise functioning immigration and border control bureaucracy. In so doing, I present an original overview of the First World War, Second World War, and Gulf War internments. My research findings demonstrate that wartime powers legislated in times of national distress have been repackaged as seemingly quotidian tools of immigration and asylum control. The results of this normalisation have included the reinforcement of a false logic of differentiation between citizens and threats, and between “good” and “bad” migrants; and an instrumentalisation of national insecurity to curtail the movements and basic rights of all individuals.
Battery Gardens Restaurant 1 Battery Place New York, NY 10004 Inside Battery Park, Opposite 17 State Street, On the Water September 30, 2014 Cocktails 6:00 P.M. Dinner 7:00 P.M.
Honorees Mike Rienzi, Rienzi International
Rev. Lydio Tomasi, Executive Director Emeritus, Center for Migration Studies
H.E. Archbishop Silvano Tomasi, Permanent Observer of the Holy See to the United Nations and Specialized Organizations in Geneva and to the World Trade Organization
Sanya Richards-Ross won the gold medal in the 400-meter event at the 2012 Olympics—the pinnacle of her career and a triumph after she had overcome serious health problems due to Behcet’s Disease, with which she was diagnosed in 2007. She is also the winner of three other Olympic gold medals for the 4×400-meter relay in 2012, 2008, and 2004. Recently she joined the fight against cancer in the Livestrong Foundation.
From the Bookshelves: The Right to Equality in European Human Rights Law The Quest for Substance in the Jurisprudence of the European Courts by Charilaos Nikolaidis
The Right to Equality in European Human Rights Law The Quest for Substance in the Jurisprudence of the European Courts by Charilaos Nikolaidis Routledge – 2015 – 238 pages
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ).
In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law.
The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Charilaos Nikolaidis holds an LLB (Hons) from City University London, an LLM (Hons) from University College London and a PhD in law from the Dickson Poon School of Law, King’s College London, where he also taught public law for several years. Dr Nikolaidis currently practices law in Greece.
Thursday, July 24, 2014
The New Yorker Reports (in jest?) that "In his boldest move yet to address the immigration crisis, on Thursday Texas Governor Rick Perry dispatched the Dallas Cowboys to the United States’ border with Mexico." The article goes on to report that "there were questions about how effective the Cowboys would be in stopping illegal immigrants, since the team has the worst-ranked defense in the N.F.L."
The Dallas Cowboys website has yet to confirm or fdeny the new assigmennt of America's Team. Rumor has it that the Cowboys will open up the exhibition season in San Diego so as not to stray too far from the border region.
Hat tip to Cappy White.
The Negotiated Expansions of Immigration Control (pages 555–559) Jamie G. Longazel and Maartje van der Woude
Crimmigration in the Netherlands (pages 560–579) Maartje A. H. van der Woude, Joanne P. van der Leun and Jo-Anne A. Nijland
Rhetorical Barriers to Mobilizing for Immigrant Rights: White Innocence and Latina/o Abstraction (pages 580–600) Jamie G. Longazel
Peripheral Matters: The Emergence of Legalized Politics in Local Struggles Over Unauthorized Immigration (pages 601–620) Doris Marie Provine, Martha Luz Rojas-Wiesner and Germán Martínez Velasco
Temporary Protection, Enduring Contradiction: The Contested and Contradictory Meanings of Temporary Immigration Status (pages 621–642) Miranda Cady Hallett Article
From Problems of Living to Problems of Law: The Legal Translation and Documentation of Immigrant Abuse and Helpfulness (pages 643–665) Sarah Morando Lakhani
The Limits of Discretion: Challenges and Dilemmas of Prosecutorial Discretion in Immigration Enforcement (pages 666–689) Marjorie S. Zatz and Nancy Rodriguez
Scenes of Execution: Spectatorship, Political Responsibility, and State Killing in American Film (pages 690–719) Austin Sarat, Madeline Chan, Maia Cole, Melissa Lang, Nicholas Schcolnik, Jasjaap Sidhu and Nica Siegel
Municipal Corporate Security, Legal Knowledges, and the Urban Problem Space (pages 720–739) Randy K. Lippert and Kevin Walby
LEXIS NEXIS LEGAL NEWSROOM Immigration Law reports that, earlier this week, a federal district court issued a final approval of the settlement agreement in Duran Gonzalez, a Ninth Circuit-wide class action regarding eligibility for adjustment of status under INA § 245(i) along with an accompanying I-212 application (consent to reapply) for individuals who previously were removed.
In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit held that individuals who previously were removed are no longer eligible for adjustment of status with an I-212 waiver unless they remain outside the United States for at least ten years. However, after remand, and another appeal, the Ninth Circuit subsequently remanded the case again to the district court for consideration of plaintiffs’ retroactivity claims; i.e., that plaintiffs’ remain eligible to adjust status based on the law in effect at the time they filed their adjustment and I-212 applications. See Duran Gonzales v. DHS, 712 F.3d 1271 (9th Cir. 2013). The settlement involves remedies for class members with retroactivity claims, including some class members with reinstatement orders under INA § 241(a)(5).
The settlement agreement covers individuals in the Ninth Circuit who filed an adjustment of status application and an I-212 application on or after August 13, 2004 and on or before November 30, 2007. Individuals who did not file both an adjustment application and an I-212 application on or after August 13, 2004 and on or before November 30, 2007 are not covered by the settlement agreement.
Yulia Zagoruychenko, a professional dancer, won her first major title at the age of 12 when she became Russian Junior National Champion. Since immigrating to the U.S., she has won numerous titles, including the World South American Showdance Championship and the US National Professional Latin Championship. Beginning each year since 2010, Zagoruychenko and her partner Riccardo Cocchi have won the championship for the U.S. in the World Professional–Professional Latin competition category of the World Dance Council.
In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights.
In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.
Merris Amos is a member of the Department of Law, Queen Mary University of London. She has many years of experience in researching and teaching human rights law and has published widely in the area. Her particular area of expertise is the United Kingdom's Human Rights Act.
In "Immigrant America: They Steal Our Jobs?," Vice News reports on immigrants in the dairy industry: "Milking cows is a dirty, monotonous job, and as we found out in our latest episode of Immigrant America, it's not a job many unemployed Americans are willing to do. But for some reason the government doesn't give dairy farms a way to recruit foreign workers legally, so most feel forced to hire illegal immigrants. This makes the farms and their workers easy targets for immigration authorities looking to fill deportation quotas. We went to upstate New York to try to understand the cat and mouse game going on between dairy farms and immigration authorities. We found a lot of wasted taxpayer money, racial profiling, and a broken system that unnecessarily treats family farmers and hardworking immigrants like criminals."
Here is the updated version of the Human Rights in the U.S. Handbook for Legal Aid Attorneys produced by the American University Washington College of Law Center for Human Rights and Humanitarian Law’s Local Human Rights Lawyering Project.
A July 17 post on Immigration Impact highlights the National Convening on Immigrant and Refugee Integration, coordinated by Welcoming America and the National Partnership for New Americans, and held at the White House, at which nearly 200 leaders from communities across the U.S. gathered on July 16. Attendees discussed successful initiatives, as well as challenges and opportunities for immigrant integration. The day after the White House convening, the U.S. Chamber of Commerce hosted discussions with community leaders and practitioners about spurring local economic growth by welcoming immigrants.
FROM LEXIS NEXIS LEGAL: NEWSROOM IMMIGRATION LAW: Professor Nancy Kelly of the Harvard Immigration and Refugee Clinic writes: "In a landmark First Circuit decision, the Court today issued an opinion finding past persecution in the case of a Mayan man, based on the long history of genocide in his country. The client was represented by the Harvard Immigration and Refugee Clinical Program." - Ordoñez-Quino v. Holder, July 23, 2014.
Abstract: Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant’s right of entry into the United States, (2) domestic interest theory, which considers whether and to what degree allowing migrants into the United States will benefit the country as a whole, (3) national values theory, which focuses on whether the admission of migrants promotes the fundamental values of the country, and (4) global welfare theory, which considers how immigration decisions at the domestic level affect the political, social, and economic makeup of the global community. This Article argues that the universe of theoretical arguments must be employed to evaluate immigration policy proposals. This conceptual approach: (1) untangles the range of justifications that support immigration proposals, (2) explains why political actors with disparate practical and ideological interests may coalesce around a particular policy prescription, and (3) clarifies how a law can achieve greater traction by either engaging the dominant theoretical perspective or utilizing multiple theoretical underpinnings. Ultimately, this Article creates a new means for analyzing immigration law – one that will help scholars, politicians, and the public to evaluate immigration reform efforts.
Wednesday, July 23, 2014
Immigration Article of the Day: Immigration Detention, Punishment, and the Criminalization of Migration by Mary Bosworth and Sarah Turnbull
Immigration Detention, Punishment, and the Criminalization of Migration by Mary Bosworth (University of Oxford - Faculty of Law; University of Oxford - Border Criminologies) and Sarah Turnbull (University of Oxford; University of Oxford - Border Criminologies). June 16, 2014 in S. Pickering and J. Hamm. The Routledge Handbook on Crime and International Migration. (September 2014 Forthcoming)
Abstract: This chapter will set out the historical development, typologies, experiences, and impacts of immigration detention, concentrating on Australia, the United Kingdom, the European Union, Canada, and the United States. The aim of this chapter is to show the relevance of immigration detention to the field of criminology, including the ways in which this form of incarceration is similar to and different from ‘traditional’ penal logics and institutions. In doing so, it will highlight how immigration detention reflects the broadening reach of penal power and of race, gender, and postcolonial relations in a globalizing world.