Immigration Judges and U.S. Asylum Policy

Author: Banks Miller,Linda Camp Keith,Jennifer S. Holmes

Publisher: University of Pennsylvania Press

ISBN: 0812246608

Category: Law

Page: 248

View: 2959

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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.

Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria

Author: Julia Dahlvik

Publisher: Springer

ISBN: 3319633066

Category: Social Science

Page: 208

View: 9534

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This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.

The Future of Human Rights

U.S. Policy for a New Era

Author: William F. Schulz

Publisher: University of Pennsylvania Press

ISBN: 9780812220759

Category: Political Science

Page: 328

View: 7563

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In the introduction to The Future of Human Rights, William F. Schulz laments that U.S. foreign policy, "so buoyant at the end of the Cold War, has returned to earth with a thud over the past few years. Among its crash victims has been American leadership in the struggle for human rights." Although countless books have decried the impact of neoconservatism on America's standing in the world, far fewer have examined how the adherents to that movement, including those in the Bush administration, have damaged human rights themselves. The administration cited human rights abuses as justification for invading Iraq only after no weapons of mass destruction were discovered. But, according to Schulz, it seems likely that the WMDs and terror links were rationalizations of the wish to topple a regime for other reasons. The extent to which the damage sustained over the past few years is the result of misappropriated principles may be debated, but the tragic result is that the United States has been handicapped in providing crucial human rights leadership--especially where such leadership is desperately needed. The thirteen essays in this volume, by such notable scholars and activists as Philip Alston, Rachel Kleinfeld, George Lopez, John Shattuck, and Debora Spar, provide thematic assessments of the current state of global human rights programs as well as prescriptions for once again making the United States a respected and forceful proponent of human rights. Topics include democracy promotion, women's rights, refugee policy, religious freedom, labor standards, and economic, social, and cultural rights, among many others. Taken together, the essays converge on one overarching point: to attract the widest support, the U.S. commitment to universal human rights should be presented as reflecting the best of the American tradition.

Asylum Adjudication

Hearings Before the Subcommittee on Immigration and Refugee Policy of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on how Do We Determine who is Entitled to Asylum in the United States and who is Not?, October 14 and 16, 1981

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Policy

Publisher: N.A

ISBN: N.A

Category: Asylum, Right of

Page: 293

View: 2032

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Terrorism, Asylum Issues, and U.S. Immigration Policy

Hearing Before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session, on S. 667 a Bill to the Immigration and Nationality Act to Improve Procedures for the Exclusion of Aliens to Enter the United States by Fraud, May 28, 1993

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Affairs

Publisher: Government Printing Office

ISBN: 9780160446757

Category: Political Science

Page: 209

View: 7698

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Temporary Suspension of Deportation for Nationals of Certain Countries

Hearing Before the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, First Session, on H.R. 822 ... November 7, 1985

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Refugees, and International Law

Publisher: N.A

ISBN: N.A

Category: Aliens

Page: 249

View: 9197

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Forced Migration

Law and Policy

Author: N.A

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 770

View: 2591

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Forced Migration: Law and Policy includes materials on asylum, refugees, the Convention Against Torture, temporary protection schemes, and a variety of related topics. The principal focus is U.S. law and policy, but the authors have leavened the mix with comparative materials from a variety of countries. This new casebook is based on the chapter on refugees and asylum in the Immigration and Citizenship casebook that three of the authors have co-authored for some time. They have welcomed Maryellen Fullerton to their ranks for this project (and for the next edition of the Immigration and Citizenship casebook as well), and the four authors have drawn on that chapter for the Forced Migration volume. But as the title suggests, this new casebook not only significantly reorganizes and expands that material, but also reflects the authors? effort to rethink the evolving conceptual architecture of this field. The book is designed for use in a three-hour law school course, but with judicious paring can be readily used for a two-hour course or as the foundation of a seminar.

Basta

nationally distributed newsletter of the Chicago Religious Task Force on Central America

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 3955

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An overview of asylum policy

hearing before the Subcommittee on Immigration of the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, first session, May 3, 2001

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration

Publisher: N.A

ISBN: N.A

Category: Law

Page: 122

View: 669

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This Side of Silence

Human Rights, Torture, and the Recognition of Cruelty

Author: Tobias Kelly

Publisher: University of Pennsylvania Press

ISBN: 9780812205237

Category: Political Science

Page: 232

View: 7785

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We are accustomed to thinking of torture as the purposeful infliction of cruelty by public officials, and we assume that lawyers and clinicians are best placed to speak about its causes and effects. However, it has not always been so. The category of torture is a very specific way of thinking about violence, and our current understandings of the term are rooted in recent twentieth-century history. In This Side of Silence, social anthropologist Tobias Kelly argues that the tensions between post-Cold War armed conflict, human rights activism, medical notions of suffering, and concerns over immigration have produced a distinctively new way of thinking about torture, which is saturated with notions of law and trauma. This Side of Silence asks what forms of suffering and cruelty can be acknowledged when looking at the world through the narrow legal category of torture. The book focuses on the recent history of Britain but draws wider comparative conclusions, tracing attempts to recognize survivors and perpetrators across the fields of asylum, criminal law, international human rights, and military justice. In this thorough and eloquent ethnography, Kelly avoids treating the legal prohibition of torture as the inevitable product of progress and yet does not seek to dismiss the real differences it has made in concrete political struggles. Based on extensive archival research and ethnographic fieldwork, the book argues that the problem of recognition rests not in the inability of the survivor to communicate but in our inability to listen and take responsibility for the injustice before us.

Migrant Youth, Transnational Families, and the State

Care and Contested Interests

Author: Lauren Heidbrink

Publisher: University of Pennsylvania Press

ISBN: 0812209672

Category: Law

Page: 208

View: 1612

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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.

The Human Right to Citizenship

A Slippery Concept

Author: Rhoda E. Howard-Hassmann,Margaret Walton-Roberts

Publisher: University of Pennsylvania Press

ISBN: 0812247175

Category: Law

Page: 328

View: 6526

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In principle, no human individual should be rendered stateless: the Universal Declaration of Human Rights stipulates that the right to have or change citizenship cannot be denied. In practice, the legal claim of citizenship is a slippery concept that can be manipulated to serve state interests. On a spectrum from those who enjoy the legal and social benefits of citizenship to those whose right to nationality is outright refused, people with many kinds of status live in various degrees of precariousness within states that cannot or will not protect them. These include documented and undocumented migrants as well as conventional refugees and asylum seekers living in various degrees of uncertainty. Vulnerable populations such as ethnic minorities and women and children may find that de jure citizenship rights are undermined by de facto restrictions on their access, mobility, or security. The Human Right to Citizenship provides an accessible overview of citizenship regimes around the globe, focusing on empirical cases of denied or weakened legal rights. Exploring the legal and social implications of specific national contexts, contributors examine the status of labor migrants in the United States and Canada, the changing definition of citizenship in Nigeria, Germany, India, and Brazil, and the rights of ethnic groups including Palestinians, Rohingya refugees in Bangladesh, Bangladeshi migrants to India, and Roma in Europe. Other chapters consider children's rights to citizenship, multiple citizenships, and unwanted citizenships. With a broad geographical scope, this volume provides a wide-ranging theoretical and legal framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century. Contributors: Michal Baer, Kristy A. Belton, Jacqueline Bhabha, Thomas Faist, Jenna Hennebry, Nancy Hiemstra, Rhoda E. Howard-Hassmann, Audrey Macklin, Margareta Matache, Janet McLaughlin, Carolina Moulin, Alison Mountz, Helen O'Nions, Chidi Anselm Odinkalu, Sujata Ramachandran, Kim Rygiel, Nasir Uddin, Margaret Walton-Roberts, David S. Weissbrodt.

Zoopolis

Eine politische Theorie der Tierrechte

Author: Sue Donaldson,Will Kymlicka

Publisher: Suhrkamp Verlag

ISBN: 3518734326

Category: Nature

Page: 608

View: 7789

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Massentierhaltung, Fleischskandale, Tierversuche – unser Umgang mit Tieren ist längst kein Nischenthema mehr, für das sich lediglich Aktivisten oder Ethiker interessieren, sondern steht im Fokus breiter öffentlicher Debatten. Allerdings konzentrieren sich die Diskussionen zumeist auf Fragen der Moral, darauf, welche moralischen Rechte und Interessen wir Tieren aufgrund ihrer Eigenschaften und Fähigkeiten – zum Beispiel Schmerzen zu empfinden – zuschreiben müssen und welche moralischen Pflichten sich daraus für uns ergeben. Sue Donaldson und Will Kymlicka gehen weit darüber hinaus und behaupten, dass Tiere auch politische Rechte haben. Im Rückgriff auf avancierte Theorien der Staatsbürgerschaft argumentieren sie dafür, ihnen neben unverletzlichen Grundrechten einen je gruppenspezifischen politischen Status zuzusprechen. Das heißt konkret: Bürgerrechte für domestizierte Tiere, Souveränität für Gemeinschaften von Wildtieren sowie ein »Stammgastrecht« für jene, die zwar nicht domestiziert sind, aber in unmittelbarer Nachbarschaft zu uns leben. »Zoopolis« macht auf so kluge wie eindringliche Weise ernst mit der Tatsache, dass wir mit den Tieren untrennbar verbunden sind. Elegant und keineswegs nur für Spezialisten geschrieben, entwirft es eine neue, folgenreiche Agenda für das künftige Zusammenleben mit diesen Geschöpfen, denen wir mehr schulden als unser Mitleid. Das Tier, so sagt dieses Buch, ist ein genuin politisches Wesen. Wir schulden ihm auch Gerechtigkeit.

Cultural Issues in Criminal Defense

Author: Linda Friedman Ramirez

Publisher: Juris Publishing, Inc.

ISBN: 1578232716

Category: Law

Page: 1142

View: 5316

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The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.

Congressional Record

Proceedings and Debates of the ... Congress

Author: United States. Congress

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 1248

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)