Undocumented Immigrants In An Era Of Arbitrary Law

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Undocumented Immigrants in an Era of Arbitrary Law

Robert F. Barsky
Undocumented Immigrants in an Era of Arbitrary Law Book PDF

Author : Robert F. Barsky
Publisher : Routledge
Page : 201 pages
File Size : 46,7 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317534334

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Undocumented Immigrants in an Era of Arbitrary Law by Robert F. Barsky Pdf

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.

Undocumented Immigrants in an Era of Arbitrary Law

Robert F. Barsky
Undocumented Immigrants in an Era of Arbitrary Law Book PDF

Author : Robert F. Barsky
Publisher : Routledge
Page : 220 pages
File Size : 47,9 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317534341

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Undocumented Immigrants in an Era of Arbitrary Law by Robert F. Barsky Pdf

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.

Banned

Shoba Sivaprasad Wadhia
Banned Book PDF

Author : Shoba Sivaprasad Wadhia
Publisher : NYU Press
Page : 215 pages
File Size : 46,6 Mb
Release : 2021-04-01
Category : Law
ISBN : 9781479808731

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Banned by Shoba Sivaprasad Wadhia Pdf

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.

Making People Illegal

Catherine Dauvergne
Making People Illegal Book PDF

Author : Catherine Dauvergne
Publisher : Cambridge University Press
Page : 21 pages
File Size : 46,6 Mb
Release : 2008-04-14
Category : Law
ISBN : 9780521895088

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Making People Illegal by Catherine Dauvergne Pdf

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Migrants Before the Law

Tobias G. Eule,Lisa Marie Borrelli,Annika Lindberg,Anna Wyss
Migrants Before the Law Book PDF

Author : Tobias G. Eule,Lisa Marie Borrelli,Annika Lindberg,Anna Wyss
Publisher : Springer
Page : 264 pages
File Size : 53,5 Mb
Release : 2018-11-19
Category : Political Science
ISBN : 9783319987491

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Migrants Before the Law by Tobias G. Eule,Lisa Marie Borrelli,Annika Lindberg,Anna Wyss Pdf

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

Navigating the European Migration Regime

Anna Wyss
Navigating the European Migration Regime Book PDF

Author : Anna Wyss
Publisher : Policy Press
Page : 212 pages
File Size : 48,6 Mb
Release : 2022-08-29
Category : Social Science
ISBN : 9781529219616

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Navigating the European Migration Regime by Anna Wyss Pdf

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.

Immigrant Lives

Edward Shizha,Edward Makwarimba
Immigrant Lives Book PDF

Author : Edward Shizha,Edward Makwarimba
Publisher : Oxford University Press
Page : 625 pages
File Size : 49,9 Mb
Release : 2023
Category : Education
ISBN : 9780197687307

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Immigrant Lives by Edward Shizha,Edward Makwarimba Pdf

"Voluntary and involuntary human mobility in the form of migration is a natural human phenomenon which has been a central feature from the ancient times into the modern times. While the boundaries between voluntary and involuntary migrants are blurred, voluntary migrants in the context of this book refer to those who migrate out of their own free choice based on socioeconomic considerations while involuntary migrants are forced to leave their country out of fear of persecution or insecurity caused by political violence or civil and military strife. In this book, the terms, 'newcomer', 'foreign born' and 'migrant' and 'immigrant' are used interchangeably and refer to those who were born in another country and later emigrated to another country as permanent residents (later becoming citizens), asylum seekers and refugees. Migration is an increasing challenge faced by countries, institutions and individuals in both sending and receiving countries. In countries where there is a large inflow of immigrants, migration has created a multiple-origin, transnationally connected, socio-economically differentiated and legally stratified demographic landscape which lends itself to a description of superdiverse societies (Jensen & Gidley, 2014; Vertovec, 2007). Most industrialized countries - mostly in the Global North - are experiencing low birth rates and are dependent on immigrants to satisfy their job market and population growth while less developed nations - mostly in the Global South - are experiencing low economic growth, inadequate socioeconomic opportunities. These social and economic challenges are presently the cornerstone of migration, transnationalism and transnationality"--

Cultural Rights of Third-Country Nationals in EU Law

Anna Magdalena Kosińska
Cultural Rights of Third Country Nationals in EU Law Book PDF

Author : Anna Magdalena Kosińska
Publisher : Springer Nature
Page : 298 pages
File Size : 42,6 Mb
Release : 2019-12-09
Category : Law
ISBN : 9783030301545

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Cultural Rights of Third-Country Nationals in EU Law by Anna Magdalena Kosińska Pdf

Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.

Lawyering an Uncertain Cause

Michele Statz
Lawyering an Uncertain Cause Book PDF

Author : Michele Statz
Publisher : Vanderbilt University Press
Page : 303 pages
File Size : 46,8 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780826502995

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Lawyering an Uncertain Cause by Michele Statz Pdf

Each year, a number of youth who migrate alone and clandestinely from China to the United States are apprehended, placed in removal proceedings, and designated as unaccompanied minors. These young migrants represent only a fraction of all unaccompanied minors in the US, yet they are in many ways depicted as a preeminent professional and moral cause by immigration advocates. In and beyond the legal realm, the figure of the "vulnerable Chinese child" powerfully legitimates legal claims and attorneys' efforts. At the same time, the transnational ambitions and obligations of Chinese youth implicitly unsettle this figure. The maneuvers of these youth not only belie attorneys' reliance on racialized discourses of childhood and the Chinese family, but they also reveal more broad uncertainties around legal frameworks, institutional practices, health and labor rights—and cause lawyering itself. Based on three years of fieldwork across the United States, Lawyering an Uncertain Cause is a novel study of the complex and often contradictory rights, responsibilities, and expectations that motivate global youth and the American attorneys who work on their behalf.

Clamouring for Legal Protection

Robert F Barsky
Clamouring for Legal Protection Book PDF

Author : Robert F Barsky
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 55,9 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781509943173

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Clamouring for Legal Protection by Robert F Barsky Pdf

In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.

Open Borders

Reece Jones
Open Borders Book PDF

Author : Reece Jones
Publisher : University of Georgia Press
Page : 297 pages
File Size : 55,8 Mb
Release : 2019
Category : Political Science
ISBN : 9780820354279

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Open Borders by Reece Jones Pdf

Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.

The Unknowable in Literature and Material Culture

Margot Irvine,Jeremy Worth
The Unknowable in Literature and Material Culture Book PDF

Author : Margot Irvine,Jeremy Worth
Publisher : Cambridge Scholars Publishing
Page : 233 pages
File Size : 46,8 Mb
Release : 2019-10-08
Category : Literary Criticism
ISBN : 9781527541252

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The Unknowable in Literature and Material Culture by Margot Irvine,Jeremy Worth Pdf

Literature strives to interpret and explain the unknown, and to propose ways in which to engage with it—even if, at least initially, these keys exist only in the realm of the imagination. This is one of the many important qualities that draw us to study literature, and to marvel at the creative understandings that it offers. However, many questions call for further exploration: how does something “unknowable”, unspeakable, become a subject that can be examined and debated? How have literary and scientific communities entered into the dialogue and exchange that are crucial to the consolidation of knowledge? By what processes can we come to know and understand that which remains hidden, undocumented, unspoken, poorly understood: the memories, secrets, “unknowable” and “unspeakable” truths of public and private human lives? Inspired by questions such as these, the contributors to this volume reflect on fin de siècle discourses around homosexuality and sexual “inversion”, on Émile Zola as seeker of concealed truths and figure of scandal, on the modes and crises of representing human experience in literary and visual forms, and on the dialogic space between self and other.

Translation Sites

Sherry Simon
Translation Sites Book PDF

Author : Sherry Simon
Publisher : Routledge
Page : 202 pages
File Size : 42,8 Mb
Release : 2019-06-26
Category : Language Arts & Disciplines
ISBN : 9781315311074

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Translation Sites by Sherry Simon Pdf

In Translation Sites, leading theorist Sherry Simon shows how the processes and effects of translation pervade contemporary life. This field guide is an invitation to explore hotels, markets, museums, checkpoints, gardens, bridges, towers and streets as sites of translation. These are spaces whose meanings are shaped by language traffic and by a clash of memories. Touching on a host of issues from migration to the future of Indigenous cultures, from the politics of architecture to contemporary metrolingualism, Translation Sites powerfully illuminates questions of public interest. Abundantly illustrated, the guidebook creates new connections between translation studies and memory studies, urban geography, architecture and history. This ground-breaking book is both an engaging read for a wide-ranging audience and an important text in broadening the scope of translation studies.

Policing Undocumented Migrants

Louise Boon-Kuo
Policing Undocumented Migrants Book PDF

Author : Louise Boon-Kuo
Publisher : Routledge
Page : 241 pages
File Size : 48,7 Mb
Release : 2017-08-07
Category : Law
ISBN : 9781317096337

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Policing Undocumented Migrants by Louise Boon-Kuo Pdf

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.

Prohibited Persons

Human Rights Watch (Organization)
Prohibited Persons Book PDF

Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 260 pages
File Size : 50,9 Mb
Release : 1998
Category : Political Science
ISBN : 1564321819

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Prohibited Persons by Human Rights Watch (Organization) Pdf

The Aliens Control Act