Global Issues in Immigration Law
Authors:
Aldana, Raquel E. / Kidane, Won / Lyon, Beth / McKanders, Karla M.
Edition:
1st
Copyright Date:
2013
24 chapters
have results for immigration
Chapter 12. Immigration Policing and Rights 93 results (showing 5 best matches)
- The merger of criminal and immigration law is both odd and oddly unremarkable. It is odd because criminal law seems a distant cousin to immigration law. Criminal law seeks to prevent and address harm to individuals and society from violence or fraud or evil motive. Immigration law determines who may cross the border and reside here, and who must leave. Historically, courts have drawn connections between immigration law and foreign policy than between immigration and the criminal justice system.
- also did not reach the issue of whether an attorney’s failure to advise a noncitizen of the immigration consequences of a guilty plea may be “cured” where a state court advises the noncitizen that there may be immigration consequences immediately prior to the entry of a guilty plea. , 13 A.3d 607 (R.I. 2011) (holding that a noncitizen could not demonstrate ineffective assistance of counsel where a state court gave an advisal about the immigration consequences and the noncitizen signed a plea agreement with written advisals of the immigration consequences of a plea because the noncitizen had adequate notice about the potential immigration consequences); , 171 Wash.2d 163 (2011) (deciding that affirmative misadvice by defense counsel regarding immigration consequences of a plea cannot be cured by a plea agreement advisal regarding the potential immigration consequences).
- The expulsion and detention of the person as a mechanism for immigration control makes the regulation of migration ripe for treatment as a human rights issue. That is, immigration is an area of law where the exercise of state power can result in dire consequences—in some cases indefinite detention, inhumane treatment, and even torture or death—such that substantive and procedural limits must be considered to safeguard the fundamental rights of migrants. Paradoxically, despite the harsh consequences of immigration laws’ enforcement, its purpose—border regulation—is what has determined the legal treatment of immigration law as civil, rather than criminal, for centuries. This treatment has had vast consequences: limited substantive and procedural protections available to immigrants as compared with criminal defendants, even when their treatment is comparable and sometimes worse. Immigration scholars have always questioned this “asymmetric” ...immigration enforcement as civil for...
- The national focus on terrorism has also had the effect of connecting criminal and immigration law. After the events of September 11, anti-terrorism efforts employed both immigration control and criminal law to reduce terrorist threats. As an example, the DHS enters civil immigration warrant information into national law enforcement databases accessible to state and local police, which has in effect imposed on state and local police a role in enforcing civil immigration law.
- The association between criminal and immigration law has become so strong that in some arenas immigration law has usurped the traditional role of criminal law. Immigration law is not often used in lieu of criminal law to detain or deport those alleged to be involved in terrorism.
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Chapter 7. The United Kingdom 10 results (showing 5 best matches)
- In the United Kingdom, immigration and nationality is governed by a complex set of statutes and subsidiary rules. Although immigration legislation dates as far back as 1905, which is the year the Alien Act was adopted, the statutes of most current importance are: Immigration Act of 1971, Race Relations Act of 1976, British Nationality Act of 1981, Immigration Act of 1988, Asylum and Immigration Appeals Act of 1997, Human Rights Act of 1998, Immigration and Asylum Act of 1999, British Overseas Territories Act of 2002, Asylum and Immigration Act of 2004, and Immigration, Asylum and Nationality Act of 2006.
- The foundational statute is the Immigration Act of 1971. Structurally, it contains four parts: Part I General Principles: Regulation of Entry Into and Stay In United Kingdom, Part II Appeals, which is repealed by the Immigration and Asylum Act of 1999, and Part III Criminal Proceedings, which contains elaborate provisions criminalizing unauthorized entry and unauthorized stay. The fourth part contains supplementary provisions dealing with interpretation, commencement, transition, entry into effect, etc. The Act also contains .... Schedule 1 has been replaced by British Nationality Act of 1981. That Act provides detailed rules on British Nationality. It is discussed below. Schedule 2 sets forth the administrative procedures including the appointment and duties of immigration officers. Schedule 3 contains supplemental provisions relating to deportation, which regulate actions in the post-deportation order period. Schedule 4 deals specifically with the integration with United...
- As far as immigration to the UK is concerned, the key points of the British five-year strategic plan adopted in 2005 are noteworthy.
- B. THE SOURCES OF UK IMMIGRATION LAW
- • are subject to immigration controls and do not have any right to live or work in the United Kingdom without those controls;
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Introduction. Immigration Law in an Era of Unprecedented Cross Border Mobility 10 results (showing 5 best matches)
- The goal of this book is to provide both comparative and international immigration law emerging from this changing context, primarily for a U.S. audience. This casebook can serve as a textbook supplement for an advanced course in immigration law in law schools in the United States or in other countries seeking to introduce comparative and international perspectives to the study of immigration law and policy. Survey immigration law courses may also utilize the book as this area of law grows more international with the changing world order. Owing to the volume and complexity of U.S. immigration law, the authors of the existing immigration law textbooks have included materials that could not fully be covered in a typical law school course. Despite this over-inclusivity, however, none of the textbooks devote more than a few sporadic notes on international (with the exception of refugee law) and comparative issues.
- Today, while the traditional economic and associated sociopolitical dilemmas persist, new migratory patterns are creating more serious dilemmas. For settler societies such as the United States, Canada and Australia, considerations of demographic shift and self-understanding are pitting communitarian and nationalistic values against bono fide economic and humanitarian interests. For countries of the European Union, the conflict between increased liberalization within the union and more restrictions from developing countries in the face of population decline is deforming immigration law and policy. For countries in the Global South, attracting and maintaining skilled labor, while containing and reversing ‘brain drain’ for the purpose of managing increasingly integrated and sophisticated knowledge-based economic conditions, on the one hand, and the ever-increasing share of remittances as a source of foreign currency, on the other, are disorienting immigration law and policy.
- Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy,
- They also predicted that immigration restriction would be “one of the (and perhaps the) most important policy issues facing the global Profound changes in the world’s economic order and increasing awareness of economic, security and other forms of interdependence in this era of globalization increasingly challenge traditional notions of the regulation of cross border movement of natural persons. Traditionally, the regulation of the admission and exclusion of noncitizens has been perceived as a quintessentially sovereign function. As such, the study of immigration law generally has not benefited from international and comparative perspectives in any meaningful way. Until recently, immigration-related regulatory challenges were understood in the context of the mobility of skilled and unskilled labor from poor countries to rich countries, albeit under varied modalities. The choice was essentially between moving the workers to the work or the work to the workers.
- To assist the reader to gain a deeper understanding of the complexities of immigration law, this book is divided into three parts. Part I begins with an introductory discussion of comparative versus international law and the relevance of both to U.S. jurisprudence, and then provides a comprehensive overview of the international migration multilateral and bilateral regimes, revealing that much of immigration regulation remains largely domestic. Part II offers glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain. We invite readers to consider how these nations’ migration experiences compare with their own respective nations and how these differences may explain the various responses that these nations adopted. The chapters and notes on comparative law are by necessity selective, but attempt to include examples from diverse ...the reader’s appreciation of U.S. immigration laws and practices through comparison. The...
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Chapter 6. The European Union Immigration Regime 34 results (showing 5 best matches)
- An EU official statement notes: “Today, most of the EU’s total population growth is due to net migration. Indeed, without immigration, the populations of Germany, Greece and Italy would have fallen in 2003. Immigration brings much-needed young people into the EU workforce.” Although unified citizenship and immigration rules are emerging, the Member States still maintain national immigration laws and policies.
- 1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
- The Schengen system operated in a domain parallel to, and separate from, that of the European Treaties until the late 1990s. In 1992, the Treaty of Maastricht expanded the scope of the project of European integration by adding two intergovernmental “pillars” to the existing first pillar on the internal market: the second pillar focused on cooperation in foreign and security policy, and the third pillar concerned cooperation in justice and home affairs. Significantly, the third pillar touched upon themes relevant to the concrete handling of borders and immigration. The subsequent 1997 Treaty of Amsterdam introduced a new Title IV in the E.C. Treaty that “communitarized” borders and immigration policy by introducing a new Title IV devoted to this in the E.C. Treaty. The Treaty of Amsterdam also incorporated the Schengen acquis—the original agreement and convention and all the measures adopted thereunder—into the Treaties system in the form of a separate, attached protocol. This was an...
- The European scenario of admission thus appears to be one in which internal regulatory borders are gradually thinning, but in a spotty and irregular way, and to the benefit of only certain categories of entrants. The E.U. immigration policy concurs with the immigration policies of the member states, making multiple and overlapping categories of admission and thinning segments of internal regulatory borders, but with the contextual persistence of other thick ones.
- TFEU art. 79 reads in part: “(1) The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings. (2) for purposes of paragraph 1, the European Parliament and the Council, acting in accordance with ordinary legislative procedures, shall adopt measures in the following areas: (a) the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification; (3) the definition of the rights of third-country nationals residing legally in Member State, including the conditions governing freedom of movement and of residence in other Member States; (c) illegal immigration and unauthorized residence, including removal and repatriation of...
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Chapter 14. Sovereignty and National Security: Excluding and Deporting Terrorists in a Comparative Context 12 results (showing 5 best matches)
- Mr. Rehman was told that he was entitled to appeal, which he did, to the Special Immigration Appeals Commission by virtue of section 2(1)(c) of the Special Immigration Appeals Commission Act 1997. The Special Immigration Appeals Commission (Procedure) Rules 1998 (SI 1998 No 1881) allowed the Secretary of State to make both an open statement and a closed statement, only the former being disclosed to Mr. Rehman. The Secretary of State in his open statement said:
- ...was obtained at the recommendation of many U.S. officials, including the top U.S. commander in Iraq, General David H. Petraeus. Once he arrived in the United States, he was granted asylum because his life was threatened in Iraq as a result of his support for U.S. forces. He applied for adjustment of status to lawful permanent resident after a year following his grant of asylum had lapsed. His adjustment application was denied on terrorism grounds, which would also mean that his asylum would be revoked. According to the media, “his application for permanent residence was denied last month on grounds he had once served Kurdish military forces that fought against Hussein.” The letter from Citizenship and Immigrations Services denying Ahmed’s petition said that the Kurdish Democratic Party (“KDP”) forces fit the terrorist definition, based on information it had gleaned from public websites, because KDP forces “conducted full-scale armed attacks and helped incite rebellion...
- In the United Kingdom, the Immigration, Asylum and Nationality Act of 2006 allows the Secretary of State for the Home Department to certify asylum-seekers as terrorists and exclude them on grounds of national security even if they meet all the asylum requirements. The Act mandates the administrative tribunals that adjudicate asylum, particularly the Asylum and Immigration Tribunal, to consider the certification before they adjudicate the asylum claim, and to summarily dismiss the case if they agree with the Secretary’s disposition. If the Secretary of State “acting in person” certifies the asylum applicant on national security grounds, an appeal “may not be brought or continued” in the regular administrative system. Instead, cases rejected on national security grounds may be appealed to the Special Immigration Appeals Commission (“SIAC”).
- refuse your application for indefinite leave to remain in accordance with paragraph 322(5) of the Immigration Rules (HC395). “By virtue of section 2(1)(b) of the Special Immigration Appeals Commission Act 1997, you are entitled to appeal against the Secretary of State’s decision as he has personally certified that [sic] your departure from the United Kingdom to be conducive to the public good in the interests of national security.”
- by the Refugee Division of the Immigration and Refugee Board in April 1991. In the summer of 1991, the appellant applied for landed immigrant status in Canada. His application was not finalized because, in late 1995, the Solicitor General of Canada and the Minister of Citizenship and Immigration commenced proceedings to deport Suresh to Sri Lanka on security grounds. The first step in the procedure was a certificate under s. 40.1 of the
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Chapter 10. Freedom of Movement 10 results (showing 5 best matches)
- Immigration and Family Reunification: The International Legal Framework
- Imagining a More Humane Immigration Policy in the Age of Obama: The Use of Plenary Power to Halt the State Balkanization of Immigration Regulation
- Elizabeth M. Bruch notes that the “cautious framing” of the right to freedom of movement in international agreements “reflect[s] the tension between respect for sovereignty and for individual rights—and the continuing dominance of sovereignty in the area of immigration.” She concludes that “[i]n order to give full meaning to the right to emigrate, nations must surrender the sword of the sovereign—that being the right to restrict immigration—and move away from restrictive immigration policies in favor of freedom of movement.”
- World Immigration and Trading Regimes
- France Urges Tunisia to Help Fight Illegal Immigration
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Table of Contents 20 results (showing 5 best matches)
- Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class
- Introduction. Immigration Law in an Era of Unprecedented Cross Border Mobility
- PART I. IMMIGRATION LAW IN A CHANGING TRANSNATIONAL CONTEXT
- E. A Paradigm Shift in Mexican Immigration Law?
- B. The Sources of Canadian Immigration Law
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Chapter 11. Living Conditions of Immigrants 21 results (showing 5 best matches)
- PUBLIC BENEFITS AND IMMIGRATION: THE INTERSECTION OF IMMIGRATION STATUS, ETHNICITY, GENDER, AND CLASS
- The modern concern with immigrants overconsuming public benefits has a lengthy historical pedigree. From the early days of [the United States], restrictions were imposed to limit the immigration of potential benefit recipients. Before the federal government began significantly restricting immigration in the latter part of the 19th century, state and local governments sought to prevent the immigration of “paupers” into their jurisdictions. As succinctly summarized by Professor Neuman:
- Subsequent federal regulation of immigration reflected similar concerns with the quality of new immigrants coming to the United States. In 1882, Congress, in one of the first comprehensive federal immigration laws, barred the entry into the nation of “any person
- Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class
- Besides barring entry or re-entry of persons likely to become public charges, the Immigration and Nationality Act (INA) also provides that “[a]ny alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In contrast to the public charge exclusion provision, this deportation ground is rarely invoked; very few lawful permanent residents are deported as public charges. Its mere presence in the immigration laws, however, serves to deter immigrants from seeking public assistance for which they might be eligible. Indeed, receipt of public assistance has sometimes served as the basis for denial of immigration benefits to those seeking to regularize their status in the United States.
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Chapter 8. France 21 results (showing 5 best matches)
- France began formal regulation of immigration in 1945. French immigration laws.
- In the 1980s, concerns over immigration led the French government to modify immigration laws. In 1986, the French Parliament, under then Prime Minister Jacques Chirac, adopted a resolution proposed by the right wing coalition that would enact tougher immigration laws.
- Jean–Claude Barreau, former head of the French Office of International Immigration, succinctly summed up the French attitude toward immigration by stating, “When someone immigrates, he does not simply change country, he also changes history…. Foreigners arriving in France must understand that henceforth their ancestors are the Gauls. They have a new fatherland.” As a result of this view, French immigration policy provides that failure to assimilate can result in a denial of citizenship for otherwise eligible individuals.
- pushed to adopt a zero tolerance immigration policy. The stringent changes to immigration laws in 1986 and 1993 became known as the “Pasqua Laws” as they were passed during Pasqua’s two terms Despite the remaining Pasqua Laws, immigration has drastically increased in France since 1993.
- . L. 159, 160 (2010) (noting the cultural tension caused by immigration in France).
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Chapter 4. Mexico 36 results (showing 5 best matches)
- From these obligations we glean that only immigration authorities shall require migrants to have to show their documents proving their identify and lawful stay in country, which is consistent with the provision in the law that “only immigration authorities shall have the right to retain documents that prove identity and lawful stay in the country when there is reason to believe these are fraudulent.”
- Contrast Mexico’s approach to local police enforcement of immigration law with that of Arizona SB1070’s Section 2 provisions. This statute, which the U.S. Supreme Court provisionally upheld— , 567 U.S. ___ (2012)—mandates that state police verify the immigration status of persons suspected of unlawful presence in the United States, pursuant to a lawful stop. Mexico proscribed the enforcement of the immigration laws by local police, based on significant civil liberties concerns over the involvement of local police in immigration enforcement, including the fear by unauthorized migrants of reporting their victimization. Do you share these same concerns in the United States? What do you think explains the vastly different approaches that the United States and Mexico are taking in this regard?
- Chapter 12 in Part III documents the crimmigration crisis in the U.S, including the treatment of many immigration violations as crimes. In contrast, Mexico restricts the criminalization of immigration violations to certain affirmative acts to violate immigration laws for pecuniary gains. What do you think explains the vastly different approaches that the United States and Mexico are taking in this regard? Do you think that differences between the United States’ and Mexico’s migration experiences justify these different approaches?
- Mexican immigration law was enacted in stages, and it was not until 1824 that colonization decrees offered migrants and their families’ security upon their arrival, both for themselves and their property, as long as they accepted to abide by Mexican law. Then in 1854, the Decree on Foreigners and Nationality was enacted, which made clear for the first time who was a “domiciled” foreigner (who had military obligations) ...chart” to be entitled to the protection of Mexican law; restrictions on political rights and ecclesiastic benefits; and fishing and trade restrictions. In 1861, the Foreign Relations Secretariat created the first registry of foreign citizens. It was not until 1886, with the adoption of the Foreign Citizens and Nationality Law, that Mexico defined for the first time who was considered Mexican and who was a foreigner, as well as provisions for the expulsion of foreigners from the territory. The first comprehensive immigration law was enacted on December 22,...
- The government agencies most involved in immigration law in Mexico have included the National Immigration Institute (Instituto Nacional de Migración), created in 1993 and managed by the Ministry of the Interior (Secretaría de Gobernación); the Mexican Diplomatic Service (located in foreign countries) who are in charge of consular services and assisting the Institute abroad in issuing consulate visas; and the Federal Preventive Police which assists the Institute in enforcement of immigration law. Since May 2005, the National Migration Institute has been classified as a national security agency. As a result, the Institute’s database has been integrated to the national security information network. Amalia Cuevas–Renaud,
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Foreword 2 results
- I am pleased to celebrate the First Edition of Global Issues in Immigration Law: Immigration Law in an Era of Unprecedented Cross Border Mobility. This book makes an important contribution by placing U.S. immigration law and policy in an international and comparative law context. To date U.S. legal education teaches refugee and migration law in a national silo, leaving U.S. advocates and policymakers with a lack of crossnational information about this inherently transnational phenonomen. Wealthy nations such as the United States see migration as their national prerogative and resist development of international law to provide greater protection in migration.
- To humanize refugee and immigration policies, the United States must support and pay heed to international human rights standards. U.S. lawyers should advance this progress by representing indigent asylum seekers and other migrants in state and federal courts, and by making international law arguments on behalf of immigrants.
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Chapter 9. Spain: A “New Immigration Center” 44 results (showing 5 best matches)
- In recent years, Spain has emerged on the world stage as an important destination country and immigration policy innovator. As late as 1997, Spain was a country of net out-migration, western European country was regularly placing behind only the United States for sheer numbers of “net absolute immigration.” A major distinction between Spain and the United States is that the United States is a “settler society,” in which large-scale immigration characterized the formative years of the current state. As this trend began to change, immigration to Spain increased but was primarily characterized by “step-migration” that utilized Spain as a transit site.
- Because the country’s identity was largely formed before it became a significant destination country, Spain is not a settler society. Indeed, in the words of one scholar, “the sudden appearance of immigration on the policy agenda caught Spain unawares.” Up until this point, like much of Western Europe, Spain has tended to treat immigration narrowly, as a means of filling specific labor needs, and there has been less attention to the broader range of immigration issues; for example, the country still has a relatively restrictive asylum policy.
- Viewing Spain’s adoption of circular migration as its new immigration policy in light of the above EU’s definition, we draw two conclusions. First, Spain appears willing to accept immigrants, but it wants carte blanche to decide in advance which types of immigrants and what qualifications it will accept. Second, immigrants will be allowed to come to Spain temporarily, but they cannot stay. In the words of the Labor and Immigration Minister “Spain is not in any condition to absorb more immigrants, but sectors with professional deficit may still need qualified workers.”
- Colonial Legacy: as compared with other countries, Spain’s right wing has been less active in seeking to restrict immigration. In particular, laws providing access to citizenship for Latin Americans have remained relatively stable in an era of global retrenchment, a countertrend attributed to Spain’s determination to maintain ties to its colonial expatriate population. Alberto Martín–Pérez and Francisco Javier Moreno–Fuentes,
- moved before many other Western European countries to lift restrictions on immigration from a group of new EU members. Given what you have read about Spain’s past and current immigration policies, what do you think accounts for these positions?
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Chapter 2. Multilateral Regimes to Manage Migrations 19 results (showing 5 best matches)
- Today, the term “illegal immigration” is used so frequently in public and policy discourses that it tends to suggest that irregular migration has always been a problem. In fact, however, large-scale irregular migration is a relatively new phenomenon. Whilst irregular migration has been reported since the 1930s, it only became large-scale and global from the 1980s. The first system to have applied the concept of “illegal immigration” is traced back to British foreign policies to refer to unwanted Jewish immigration into Palestine prior to the founding of the state of Israel. After WWII, migrants who entered Europe were treated instead as “spontaneous migrants” because they could easily regularize their status given the conditions of economic growth and demand for workers that existed at the time. European practices began to change to adopt restrictionist immigration policies only with the economic crises of the 1960s and 1970s. Throughout Europe, irregular migration was initially...
- In the area of migration control, the aims of EU cooperation have been to reduce the incidence of irregular migration into EU countries and to minimize irregular movements between European states. In 1985, for example, the Commission of the European Community in its first guideline for community migration policies declared “illegal immigration” a topic on the European level, and treated it as a national security issue. This approach was reaffirmed by the Council of the European Community’s Palma document (1989) which set out areas of essential action, such as a “system of surveillance at external frontiers,” “combating illegal immigration networks,” and a “system of exchange information on people who are ‘inadmissible’ to the European Commission.” In addition, the Palma document introduced strict immigration and border controls in part to allow the internal free movement of EU nationals. In ...declared that “illegal immigration” needed to be addressed beyond the EU’s...
- Movements of people are partly occurring in regional context as well, not just as reflection of the emerging new production and labour market structures, but also a series of factors that are migration specific, such as geographic proximity, cultural affinity, historical linkages, and migration chains. In the case of the United States the twentieth century has shown a very strong tendency towards regional concentration of immigration: immigrants come from neighboring regions, first of all Mexico, in increasing proportion, while immigration from Europe declined steadily until the 1990s. Immigration from Asia, while rising after the 1940s, reached its peak in the 1980s.
- If, in fact, Bimal Ghosh is right about the benefits of a global regime to regulate migration, then why has it not happened? Are the challenges political, cultural, economic, or something else? The following excerpts begin to explore why, despite a clear interest among many nations in cooperative action to control immigration through multilateral regimes, the political prospects for the adoption of a hard instrument appear limited. As these excerpts reveal, the problem partly relates to the sheer scope of the project. Immigration control, if it is to move beyond current models of highly restrictive immigration practices, must attempt to address the root causes of forced migration, which necessitates an ambitious commitment to address global poverty, structural inequality and practices that fuel or provoke war. Relatedly, the comprehensive nature of a regime to regulate migration would also require a range of promotional and proactive policy measures that do not lend themselves...
- 3. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals, and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.
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Chapter 3. Bilateral Cooperation on International Migration: The Case of Mexico–U.S. Migration 21 results (showing 5 best matches)
- A 1990 Study by the U.S. Commission for the Study of International Migration and Cooperative Economic Development when addressing the question on whether trade could curb irregular migration embraced the hypothesis that trade and migration can produce a “migration hump”—i.e., a paradox that the same economic policies that make immigration control less necessary in the long run can make it more necessary in the short run. A subsequent, more detailed analysis of NAFTA reached the same conclusion that during NAFTA’s first decade, 1994–2004, there would be a migration hump that would increase immigration in the short run but would ultimately reduce unwanted immigration in the long run.
- The track record for regional or bilateral cooperation on international migration has been largely negative. Sovereign states jealously guard their immigration policy prerogatives and often what emerge are policies of the least common denominator variety. Studies of the effects of international migration upon bilateral relationships often emphasize an asymmetry in power between countries of origin and destination. Much international migration, of course, arises from socio-economic disparities. Problems arise in migration between states that are unequally developed because of the status afforded migrants from the poorer country in a land of immigration and due to discrepancies between formal policies and immigration realities in the overall solution of the economy. Economic recession frequently wears out the welcome for international migrants and strains bilateral ties because the poorer emigrant-sending states typically are even more adversely affected by recession than are the...
- The issues raised in exploring the bilateral relationship in-depth are not unique and the types of problems highlighted are common with regimes between less and more developed countries, especially less desirable migration phenomena that emerge from the bilateral regimes themselves. Mexico and the United States present a unique example of bilateral trade and migration simply due to the sheer magnitude of migration and trade between Mexico and the United States. Between 1820 and 2000, over seventy million immigrants arrived in the United States, about 55 percent of whom were from Europe, including, from what was historically the leading country of immigration to the United States, Germany. However, since the 1980s, Mexico has made up about 69 percent of all migration to the United States, compared with only 4% from Germany. This is why Mexico has surpassed the leading country of immigration to the United States in recent years.
- 2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry of that person might affect adversely:
- 3. When a Party refuses pursuant to paragraph 2 to issue an immigration document authorizing employment, it shall:
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Chapter 5. Canada 19 results (showing 5 best matches)
- Immigration and Refugee Protection Act (IRPA) 2001, S.C., c. 27. The Act is available at http://laws.justice.gc.ca/en/I–2.5/index.html (last visited July 10, 2012). For a full discussion and overview of the IRPA and other subsidiary sources of immigration law in Canada,
- This chapter provides a brief survey of Canada’s most relevant rules on citizenship, and admission and exclusion of non-citizens. Reference is made to relevant U.S. immigration and nationality rules throughout the chapter for comparative context.
- B. THE SOURCES OF CANADIAN IMMIGRATION LAW
- Immigration and Refugee Protection Act
- IMMIGRATION TO CANADA
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Chapter 13. Workplace Rights of Immigrants 10 results (showing 5 best matches)
- A typical workforce is a mix of three immigration status categories: nationals, authorized immigrant workers, and unauthorized immigrant workers. Human rights law provides a floor beneath all workers—for example, health and safety standards. It also provides some protections that are limited as amongst the three categories of immigration status. Recent international jurisprudence uses equal protection (also variously termed non-discrimination, equality, equality of opportunity, and equality of treatment) to ensure that the same protections are applied across all three categories.
- The following chapter begins with two stories that demonstrate the need for international standards, and tracks the treaty law and international jurisprudence on the human rights of migrant workers. The chapter tracks efforts to ensure equal protection for immigrant workers, and lays out rights that are of unique interest to immigrant workers, such as the norm of visa portability that allows immigrant workers to change employment without losing immigration status.
- However, if undocumented migrants are engaged, they immediately become possessors of the labor rights corresponding to workers and may not be discriminated against because of their irregular situation. This is very important, because one of the principal problems that occurs in the context of immigration is that migrant workers who lack permission to work are engaged in unfavorable conditions compared to other workers.
- provide the right for immigrants to enter or work in another country. Many worker visa programs tie an immigrant’s immigration status to their work for one particular employer. If they stop working for the employer, their immigration status ceases. This arrangement gives
- The UN Migrant Worker Convention is less demanding than ILO 97, protecting the immigration status of unemployed migrant workers only if the country of employment had already upon entry allowed them to “freely to choose their remunerated activity.” In 2008, the UN Committee on the Elimination of Discrimination Against Women (CEDAW) issued General Recommendation 26 on Women Migrant Workers, in which the Committed urged that governments offer immigration status to “allow for the legal stay of a
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Summary of Contents 12 results (showing 5 best matches)
Preface 1 result
- We are pleased to bring immigration law into the West Academic Publishing Global Issues Series. Immigration is a global, cross-border phenomenon principally managed at the national and local levels but often profoundly affected by transnational arrangements, and the main goal of this book is to expand the scope of inquiry for students of migration law and policy. Without international and comparative perspectives, legislatures, policy-makers, business and other interest groups and the public at large struggle to develop a coherent, pragmatic, and humane approach to cross-border migration. We draw on many international sources of law such as trade, human rights, and antitrafficking as well as the European Union law and several domestic jursdictions, including Canada, Mexico, Spain and the United Kingdom, to underscore the intricacies and interactions of the sources of law making up the web of international migration law and policy and highlight themes and precepts that are urgently...
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Index 2 results
- In spite of the United States’ historical reluctance to ratify and directly incorporate human rights treaties, two treaties have played a significant role in the development of U.S. immigration law. In 1968, the United States ratified the United Nations Protocol on the Protection of Refugees.
- With Kennedy’s Death, Loss of Major Figure in US Immigration Policy
- CRS–7–CRS–8 (2004) (stating, “Reliance on these protections by aliens in removal proceedings has been frequent, though usually unsuccessful,” and noting a 3 percent grant rate by Immigration Courts in 2002.).
- In 1994, the United States ratified the second human rights treaty to make a meaningful impact on U.S. immigration law. Article Three of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”) establishes the
- according to Professor Alford, “[t]he United States Reports are replete with instances in which the Court has relied on foreign experiences to uphold the constitutionality of government action that limits individual rights,” including limits on free speech, criminal procedural rights, and the rights of women workers, as well as denial of the right to physician-assisted suicide. Although … little comparative information is currently accessible regarding workers, it is highly likely that countries around the world have made quite radically different choices about how to treat the unauthorized…. It is to be expected that over time U.S. courts will be asked to consider foreign examples of all kinds, as well as … new international law norms [on immigration].
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- Publication Date: July 10th, 2013
- ISBN: 9780314276391
- Subject: Immigration Law
- Series: Global Issues
- Type: Global Issues
- Description: This title is designed to serve as a textbook supplement for an advanced course in immigration law in law schools in the United States or in other countries seeking to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.
