Immigration Law

Redefining Family: The American Committee on Italian Migration and the Fourth-Preference Campaign (2012)

by Yuki Oda

Italian Americana Spring/Summer 2012

A. Solomou, "Court Rules on Illegal Immigrant’s Right to Remain", International Law Office, 10 April 2012

by Alexia Solomou

U.S. Asylum Law as a Path to Religious Persecution

by Jack Dolance

(working title)

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer... more U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.”

Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from persecution on account of one’s “religion” must include protection of one’s religious freedom not to believe in deities of any kind. To hold otherwise would be to inhibit the very religious liberty asylum law is intended to protect.

Yet under current U.S. law, a non-believer’s claim for asylum may well be denied on the ground that non-belief is not enough for religious asylum. This may serve to dissuade a would-be asylee from even attempting to apply for religious asylum as a non-believer—even where she would undoubtedly be subject to religious persecution if forced to return to her native country. She may thus feel the need to feign conversion to a traditional, mainstream religion. Such a result is unacceptable in a nation founded upon religious liberty.

This brief Article argues that if a non-believer is denied religious asylum in the United States, she can succeed on a claim that the law as applied to her violates both the Free Exercise and the Establishment clauses of the First Amendment.

Les limites de la souveraineté. Les changements juridiques dans les cas d'immigration en France et aux États-Unis

by Charles Pontes Gomes

Movilidad bajo sospecha. El conveniente vínculo entre inmigración y criminalidad en las políticas migratorias de la Unión Europea

by Cristina Fernández-Bessa

Los efectos de la cultura de emergencia en la criminalización de los inmigrantes

by Cristina Fernández-Bessa

The Legal Construction of Migrants at Work: Immigration controls and Precarious Work

by Mimi Zou

International Labour and Employment Relations Association World Congress, Philadelphia, July 2012

The Legal Adaptation of British Settlers in Turkey

by Derya Bayir

This article is based on a fieldwork project conducted by the authors in the Muğla region of western Turkey. The... more This article is based on a fieldwork project conducted by the authors in the Muğla region of western Turkey. The region is the locale for a significant level of settlement by British people, within the wider context of settlement by groups of other EU nationals in western Turkey. Based on a series of interviews with British settlers and Turkish locals, it examines the factors which affect the process of legal adaptation of the former group. It identifies and discusses the place of British settlers within the larger Turkish legal order, their integration into Turkish life, and the extent to which different socio-legal disabilities and advantages affect this process. The article also casts some light on the extent to which, given the level of British immigration into the area, Turkish officialdom is prepared for their presence.

The Legal Adaptation of British Settlers in Turkey

by Prakash Shah

Co-authored with Dr. Derya Bayir

This article is based on a fieldwork project conducted by the authors in the Muğla region of western Turkey. The... more This article is based on a fieldwork project conducted by the authors in the Muğla region of western Turkey. The region is the locale for a significant level of settlement by British people, within the wider context of settlement by groups of other EU nationals in western Turkey. Based on a series of interviews with British settlers and Turkish locals, it examines the factors which affect the process of legal adaptation of the former group. It identifies and discusses the place of British settlers within the larger Turkish legal order, their integration into Turkish life, and the extent to which different socio-legal disabilities and advantages affect this process. The article also casts some light on the extent to which, given the level of British immigration into the area, Turkish officialdom is prepared for their presence.

Conflicts Between United States Immigration Law and the General Agreement on Trade in Services: Most-Favored-Nation Obligation

by William Worster

United States laws establishing qualifications for temporary, nonimmigrant classifications are potentially in... more United States laws establishing qualifications for temporary, nonimmigrant classifications are potentially in violation of the United States' obligations under the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS). These violations, if ever the subject of a WTO dispute, may force the United States to choose between accepting trade sanctions and changing existing immigration policy under external pressure. In either case, by consenting to the GATS at the conclusion of the Uruguay Round of Multilateral Trade Negotiations (Uruguay Round) and not necessarily complying with it, the United States has incurred potential WTO liabilities. If a dispute over immigration law was successful, the United States would be forced by the coercive trade power of its international obligations to change what is normally considered one of the most sovereign of attributes of statehood, the very power to determine which aliens are qualified to enter and remain in the country.

Consequences of Schengen Visa Liberalisation for the Citizens of Ukraine and the Republic of Moldova

by Sergo Mananashvili

Co-authored with Agnieszka Weinar, Oleg Korneev and Shushanik Makaryan. MPC Research Report 2012/01.

Consequences of Schengen Visa Liberalisation for the Citizens of Ukraine and the Republic of Moldova

by Sergo Mananashvili

Co-authored with Agnieszka Weinar, Oleg Korneev and Shushanik Makaryan. MPC Research Report 2012/01.

El arraigo social y sus simulacros: propuesta para una investigación desde las ciencias sociales

by Caterina Borelli

Co-authored with Prof. Manuel Delgado Ruiz (Universitat de Barcelona), presented at the 4th Conference on Migrations in Spain (University of A Coruña)

Gould, J. Sheppard, C; & Wheeldon, J. (2010) A Refugee from Justice? Disparate Treatment in the Federal Court of Canada

by Johannes Wheeldon

This article paints a troubling picture of disparate treatment in the Federal Court of Canada. Examining more than 600... more This article paints a troubling picture of disparate treatment in the Federal Court of Canada. Examining more than 600 immigration and refugee claims, the results link judicial action to litigants’ representation, their demographics and national region, and the background and ideology of the judges involved. When compared with prior research in Canada and similar studies from the United States, the findings suggest that an applicant in search of a just result would do as well to hire an experienced lawyer and hope for a sympathetic judge as to prepare an excellent appeal. Canada’s immigration process requires greater attention so that the reality of its operation matches the promise of the nation’s intentions.lapo_325 454..486

Mandatory HIV Screening Policy and Everyday Life: A Look Inside the Canadian Immigration Medical Examination

by Laura Bisaillon

APORIA - The Nursing Journal, 3(4), 5-14, 2011

Findings from qualitative research that detail the social organization of practices associated with the government... more Findings from qualitative research that detail the social organization of practices associated with the government policy of mandatory HIV screening of refugee and immigrant applicants to Canada are reported in this article. I employed institutional ethnography to investigate interactions between HIV-positive applicants and immigration physicians during the official immigration medical examination. In this article, I use a narrative form to tell the story of a woman who applied as a refugee applicant to Canada and who discovered that she was living with HIV through the mandatory immigration HIV screening process. More broadly, results show that mandatory HIV testing gives rise to serious and difficult disjunctures for HIV-positive applicants to Canada, which are produced within broader social organization and political contexts. Applicant, physician and federal government employee work practices associated with this HIV testing are discussed. I show how these practices contribute to the ideological work of the Canadian state, and I point out how the interests bound up in the examination serve state interests rather than those of applicants. Empirical research set in the material circumstances and concerns of people’s everyday lives is relevant, practical, and useful for Canadian nurses and other health care professionals who work with, and who are well positioned to advocate on behalf of, HIV-positive applicants to Canada. Findings will also be relevant to immigration and health policy makers whose work it is to develop functional and constructive strategies that can address issues that matter in people’s lives.

Economic analysis of immigration law

by Anne-Sophie Castermans

Thesis EMLE

Race, Gender and Ethnicity: A Study of the Canadian Federal Court and Immigration Appeals

by Johannes Wheeldon

Inconvenient Marriages, or What Happens When Ethnic Minorities Marry Trans-Jurisdictionally

by Prakash Shah

This paper is published in (2010) Volume 6, Issue 2, June 2010 Utrecht Law Review http://www.utrechtlawreview.org/

The Challenge of Asylum to Legal Systems

by Prakash Shah

This book is published as Prakash Shah (ed.) (2005): The challenge of asylum to legal systems. London: Cavendish.

Migration, Diasporas and Legal Systems In Europe

by Prakash Shah

This is a book co-edited with Werner F Menski
Migration, diasporas and legal systems in Europe. London: RoutledgeCavendish, 2006