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Author: Robert F. Barsky Publisher: Routledge ISBN: 1317534344 Category : Law Languages : en Pages : 221
Book Description
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.
Author: Robert F. Barsky Publisher: Routledge ISBN: 1317534344 Category : Law Languages : en Pages : 221
Book Description
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.
Author: Shoba Sivaprasad Wadhia Publisher: NYU Press ISBN: 1479808733 Category : Law Languages : en Pages : 215
Book Description
Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.
Author: Louise Boon-Kuo Publisher: Routledge ISBN: 1317096339 Category : Law Languages : en Pages : 241
Book Description
Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.
Author: Aviva Chomsky Publisher: Beacon Press ISBN: 0807001686 Category : Social Science Languages : en Pages : 257
Book Description
A longtime immigration activist explores what it means to be an undocumented American—revealing the ever-shifting nature of status in the U.S.—in this “impassioned and well-reported case for change (New York Times) In this illuminating work, immigrant rights activist Aviva Chomsky shows how “illegality” and “undocumentedness” are concepts that were created to exclude and exploit. With a focus on US policy, she probes how people, especially Mexican and Central Americans, have been assigned this status—and to what ends. Blending history with human drama, Chomsky explores what it means to be undocumented in a legal, social, economic, and historical context. The result is a powerful testament of the complex, contradictory, and ever-shifting nature of status in America.
Author: National Research Council Publisher: National Academies Press ISBN: 030905592X Category : Social Science Languages : en Pages : 40
Book Description
The recent level of illegal immigration to the United States has increased debates about the effect of these immigrants on the cost of public services, and states have begun to enact policies that limit the public services available to illegal immigrants. The central issues are how many illegal immigrants reside in particular local areas and states and their effect on public expenditures and revenues and the economy in general. The Local Fiscal Effects of Illegal Immigration workshop selected six studies for analysis. The six case studies focused on one specific aspect of the complex question of the demographic, economic, and social effects of immigration: the net public services costs of illegal immigrants to selected geographical regions.
Author: Adam B. Cox Publisher: Oxford University Press ISBN: 0190694386 Category : Law Languages : en Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Libby Garland Publisher: University of Chicago Press ISBN: 022612259X Category : History Languages : en Pages : 299
Book Description
In 1921 and 1924, the United States passed laws to sharply reduce the influx of immigrants into the country. By allocating only small quotas to the nations of southern and eastern Europe, and banning almost all immigration from Asia, the new laws were supposed to stem the tide of foreigners considered especially inferior and dangerous. However, immigrants continued to come, sailing into the port of New York with fake passports, or from Cuba to Florida, hidden in the holds of boats loaded with contraband liquor. Jews, one of the main targets of the quota laws, figured prominently in the new international underworld of illegal immigration. However, they ultimately managed to escape permanent association with the identity of the “illegal alien” in a way that other groups, such as Mexicans, thus far, have not. In After They Closed the Gates, Libby Garland tells the untold stories of the Jewish migrants and smugglers involved in that underworld, showing how such stories contributed to growing national anxieties about illegal immigration. Garland also helps us understand how Jews were linked to, and then unlinked from, the specter of illegal immigration. By tracing this complex history, Garland offers compelling insights into the contingent nature of citizenship, belonging, and Americanness.
Author: Tobias G. Eule Publisher: Springer ISBN: 3319987496 Category : Political Science Languages : en Pages : 273
Book Description
This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Author: Anna Wyss Publisher: Policy Press ISBN: 1529219612 Category : Social Science Languages : en Pages : 212
Book Description
EPDF and EPUB available Open Access under CC-BY-NC-ND. Amid the heavy politicisation and problematisation of male migrants in Europe, this ethnographic study casts new light on their experiences, struggles and everyday resistance. The author follows the journeys of those who seek, but have little hope of achieving, permanent residence status in European countries, tracking their successive migrations, detentions and deportations within and beyond the continent. She explores migrants’ tactics, the impact of precarity on their lives and the dual feelings of enduring hope and powerless vulnerability they experience. This is a sensitive and insightful analysis of how the European migration regime shapes, and is shaped by, migrants’ practices.
Author: Robert F. Barsky
Author: Robert F. Barsky
Author: Shoba Sivaprasad Wadhia
Author: Louise Boon-Kuo
Author: Aviva Chomsky
Author: National Research Council
Author: Catherine Dauvergne
Author: Adam B. Cox
Author: Libby Garland
Author: Tobias G. Eule
Author: Anna Wyss