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Immigration Detention

Immigration Detention Author Daniel Wilsher
ISBN-10 9781139501354
Release 2011-10-27
Pages
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The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.



The Liberty of Foreigners

The Liberty of Foreigners Author Daniel Wilsher
ISBN-10 9058504115
Release 2008
Pages 307
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The Liberty of Foreigners has been writing in one form or another for most of life. You can find so many inspiration from The Liberty of Foreigners also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Liberty of Foreigners book for free.



Undocumented Immigrants in an Era of Arbitrary Law

Undocumented Immigrants in an Era of Arbitrary Law Author Robert F. Barsky
ISBN-10 9781317534341
Release 2015-08-11
Pages 220
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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.



Challenging Immigration Detention

Challenging Immigration Detention Author Michael J. Flynn
ISBN-10 9781785368066
Release 2017-09-29
Pages 352
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Immigration detention is an important global phenomenon increasingly practiced by states across the world in which human rights violations are commonplace. Challenging Immigration Detention introduces readers to various disciplines that have addressed immigration detention in recent years and how these experts have sought to challenge underlying causes and justifications for detention regimes. Contributors provide an overview of the key issues addressed in their disciplines, discuss key points of contention, and seek out linkages and interactions with experts from other fields.



Immigration Detention Risk and Human Rights

Immigration Detention  Risk and Human Rights Author Maria João Guia
ISBN-10 9783319246901
Release 2016-02-24
Pages 293
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This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.



Inside Immigration Detention

Inside Immigration Detention Author Mary Bosworth
ISBN-10 9780198722571
Release 2014-09-18
Pages 283
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As states around the globe detain foreigners in greater numbers, a critical, academic examination of the social and cultural world of immigration detention centres is long overdue. This groundbreaking study based on extensive fieldwork in the British system unveils the world of immigration detention - its culture, politics, and impact on detainees.



The International Law of Migrant Smuggling

The International Law of Migrant Smuggling Author Anne T. Gallagher
ISBN-10 9781139991988
Release 2014-07-21
Pages
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Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.



Drugs in American Society An Encyclopedia of History Politics Culture and the Law 3 volumes

Drugs in American Society  An Encyclopedia of History  Politics  Culture  and the Law  3 volumes Author Nancy E. Marion
ISBN-10 9781610695961
Release 2014-12-16
Pages 1163
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Containing more than 450 entries, this easy-to-read encyclopedia provides concise information about the history of and recent trends in drug use and drug abuse in the United States—a societal problem with an estimated cost of $559 billion a year. • Contains more than 450 detailed entries on topics ranging from drugs themselves—such as alcohol, codeine, heroin, marijuana, and methamphetamines—to key individuals like Harry Anslinger to organizations such as the Drug Enforcement Administration (DEA) • Covers the latest developments in U.S. policies and public attitudes toward drugs and drug use • Provides citations with each entry to guide users to other valuable research resources • Features carefully selected primary documents—including excerpts from important laws, policies, and campaigns—that have shaped American drug policy over the decades



The Social Political and Historical Contours of Deportation

The Social  Political and Historical Contours of Deportation Author Bridget Anderson
ISBN-10 9781461458647
Release 2012-11-05
Pages 162
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In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, “illegal” migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through which the state reminds noncitizens that their presence in the polity is contingent upon acceptable behavior. Furthermore, in liberal democratic states immunity from deportation is one of the key privileges that citizens enjoy that distinguishes them from permanent residents. This book examines the historical, institutional and social dimensions of the relationship between deportation and citizenship in liberal democracies. Contributions also include analysis of the formal and informal functions of administrative immigration detention, and the role of the European Parliament in the area of irregular immigration and borders. The book also develops an analytical framework that identifies and critically appraises grassroots and sub national responses to migration policy in liberal democratic societies, and considers how groups form after deportation and the employment of citizenship in this particular context, making it of interest to scholars and international policy makers alike. “It is commonly surmised that the increased flows of goods, ideas, finance and people are slowly leading to the dissolution of boundaries between nation-states. However, as the varied and excellent chapters in this collection demonstrate, the enforcement of state power through detention and deportation is still a real and growing feature of contemporary political life. Expulsion has always been a moral sanction (think of Adam and Eve being banished from the Garden of Eden or the ostracism directed against dissidents in ancient Athens, who were forced to leave for ten years). As the editors suggest, deportation remains a means of enforcing a normative order (‘a community of values’), while the authors and editors of this book have expanded the subject-matter to include the deportees’ perspectives and the effects of deportation on families, other potential victims and on those whose social inclusion has been affirmed by the exclusion of others. These studies will enrich and enlarge the study of the more naked forms of state power.” - Robin Cohen, Professor Emeritus of Development Studies, University of Oxford “This wide-ranging, well-researched, and highly informative work is a major contribution to the growing body of scholarship examining the harsh consequences of deportation around the world. The editors have gathered an impressive group of scholars who craft an eclectic view of how deportation has evolved, what it may signify, and how it now works in various settings. With its inclusion of historical, institutional, comparative, and finely-textured, sensitive experiential studies, this book offers an important--if frequently distressing--overview of phenomena that deserve our full attention.” - Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School



What is a Refugee

What is a Refugee Author William Maley
ISBN-10 9780190694739
Release 2016-12-01
Pages
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With the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees. And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.



Sanctuary and Asylum

Sanctuary and Asylum Author Linda Rabben
ISBN-10 9780295999142
Release 2016-08-25
Pages 352
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The practice of sanctuary�giving refuge to the threatened, vulnerable stranger�may be universal among humans. From primate populations to ancient religious traditions to the modern legal institution of asylum, anthropologist Linda Rabben explores the long history of sanctuary and analyzes modern asylum policies in North America, Europe, and elsewhere, contrasting them with the role that courageous individuals and organizations have played in offering refuge to survivors of torture, persecution, and discrimination. Rabben gives close attention to the mid-2010s refugee crisis in Europe and to Central Americans seeking asylum in the United States. This wide-ranging, timely, and carefully documented account draws on Rabben�s experiences as a human rights advocate as well as her training as an anthropologist. Sanctuary and Asylum will help citizens, professionals, and policy makers take informed and compassionate action.



Immigration and the Law

Immigration and the Law Author Sofía Espinoza Álvarez
ISBN-10 9780816537624
Release 2018-04-10
Pages 392
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A critical look at the mechanisms, beliefs, and ideologies that govern U.S. immigration laws, and the social impacts of their enforcement--Provided by publisher.



Textbook on Immigration and Asylum Law

Textbook on Immigration and Asylum Law Author Gina Clayton
ISBN-10 9780199699438
Release 2012-07-19
Pages 688
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The definitive textbook for this fast-moving area of law, which expertly guides students through the key issues. Clear analysis and commentary on the political context and social impact of the law encourages the reader to develop a critical viewpoint. An Online Resource Centre accompanies this text, keeping it up-to-date between editions.



Pre trial detention in 20th and 21st Century Common Law and Civil Law Systems

Pre trial detention in 20th and 21st Century Common Law and Civil Law Systems Author Marion Charret-Del Bove
ISBN-10 9781443861847
Release 2014-06-19
Pages 250
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Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.



Constitutional Law and Politics Volume 2 Civil Rights and Civil Liberties

Constitutional Law and Politics  Volume 2  Civil Rights and Civil Liberties Author CTI Reviews
ISBN-10 9781467262521
Release 2016-10-16
Pages 350
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Facts101 is your complete guide to Constitutional Law and Politics, Volume 2, Civil Rights and Civil Liberties. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.



The Politics of Immigration

The Politics of Immigration Author Jane Guskin
ISBN-10 9781583674048
Release 2007-04-01
Pages 144
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In the spring of 2006, millions of immigrants and supporters organized in cities and small towns across the United States to defend their rights following the passage of HR4437, a bill designed to punish unauthorized immigrants. In an unprecedented show of force, tens of thousands of workers marched out of meatpacking plants, factories, restaurants, landscape businesses and stores, while students—many of them the US-born children of immigrants—staged school walkouts. Thousands also observed a one-day national consumer boycott to demonstrate the economic power of immigrant communities. The spring 2006 mobilizations—and the ensuing backlash from anti-immigrant sectors—pushed the topic of immigration to the front and center of U.S. politics. Polls show the public increasingly divided, with the debate framed as a choice between “deport them all” and “give everyone amnesty.” But dialogue is possible when we dig deeper. Why are people leaving their homes? Why are they coming here? What is the impact of our current enforcement policies? What kinds of alternatives exist? Backed with a wide range of cited sources, The Politics of Immigration tackles questions and concerns about immigration with compelling arguments and hard facts, laid out in straightforward language and an accessible question-and-answer format. For immigrants and supporters, the book is an effective tool to confront common myths and misinformation. For teachers, it provides a useful framework on the current debate, and ample opportunities for students to reach out and explore the intersecting issues. Those who believe immigrants steal jobs from citizens, drive down wages, strain public services, and threaten our culture will find such assumptions challenged here, while people who are undecided about immigration will find the solid data and clear reasoning they need to develop an informed opinion.



Canadian Liberalism and the Politics of Border Control 1867 1967

Canadian Liberalism and the Politics of Border Control  1867 1967 Author Christopher G. Anderson
ISBN-10 9780774823944
Release 2012-11-10
Pages 288
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With restrictive immigration policies, increased interdiction, and the detention of asylum seekers, it is clear that Canada’s approach to border control has shifted in recent years. Yet such practices are just the latest in a long and complex national history. Canadian Liberalism and the Politics of Border Control sheds light on the first century of Canada’s efforts to control its borders, framing pivotal moments within a long-standing but often overlooked debate over the rights of non-citizens. Anderson provides valuable insights into contemporary liberal-democratic control by demonstrating that today’s more restrictive approach reflects traditions deeply embedded within liberal democracies.