Georgetown immigration law journal最新文献

{"title":"Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya","authors":"Matteo Tondini","doi":"10.2139/ssrn.1873544","DOIUrl":"https://doi.org/10.2139/ssrn.1873544","url":null,"abstract":"This paper presents an extensive account and assesses the legality of the recent naval constabulary operations – undertaken by Italian and Libyan military vessels – in the central Mediterranean Sea, aimed at intercepting boat people in international waters and returning them to the Northern African coasts. If considered as a border control operation, the interception of migrants and their debarkation in a third country often lacks a valid legal basis. The latter is easier to be found under maritime law, by ‘labelling’ interceptions as rescue missions. Nevertheless, such operations must be conducted according to state obligations under human rights law and refugee law (especially the non-refoulment rule), which only allow Italian vessels to disembark boat people to a ‘safe third country’. The paper concludes that since Libya cannot be considered a ‘safe third country’ in this sense, the interception of migrants on the high seas and their forced return to Tripoli may entail violations of maritime, human rights, migration and refugee law at both an international, European and domestic level.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83226824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"At the Cross-Roads of a Reform Era: The Impact of Health Care and Immigration Reform on Latino Support for President Obama and Congress","authors":"Gabriel R. Sanchez, Jillian Medeiros, Shannon Sanchez-youngman","doi":"10.2139/ssrn.1659395","DOIUrl":"https://doi.org/10.2139/ssrn.1659395","url":null,"abstract":"The Obama administration has pledged to reform two failing policy systems in the United States; immigration and health care. The Obama administration is faced with the rapid growth of the immigrant population, and a lack of uniform set of policies and programs to aid in the social, economic, and political incorporation of this rapidly growing immigration population, including a lack of consensus about a path of citizenship for immigrants (Singer 2009). Furthermore, the contemporary health care system is plagued with escalating costs, economic and disparities related to access and quality, and there is also a rapidly growing uninsured population in the United States (OECD 2008). The Latino populations’ attitudes toward these two critical policy areas are particularly relevant for several reasons. First, 39.8% of the Latino community is foreign-born (Pew Hispanic Center 2009) and 28% of Latinos have at least one foreign-born parent (Suro and Passel 2003), making immigration policy a salient issue for many Latinos. Second, Latinos have the highest uninsured rates, and the lowest percentage of people with employer coverage health insurance when compared to other racial and ethnic groups in the United States (James, Thomas, Lillie-Blanton, and Garfield 2007). While researchers recognize the significance of these two policies for the Latino community, studies have yet to examine current public opinion toward these two policies, and more importantly whether these attitudes affect Latino support of the current administration. In order to fill this gap in the literature we use the 2009 Latino Decisions survey of Latinos to examine how Latino public opinion regarding health care and immigration reform affects Latino support of President Obama and Congress. We find that these two policies are significant in Latino support of President Obama and Congress. This shows that Latinos support is political in nature with policies driving their support of the current administration. Given the vital role the Latino electorate played during the 2008 election, the success of these two policy reform efforts may have major implications for the 2010 and 2012 elections.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85293391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Asylum Seekers and the Right to Access Health Care","authors":"Dallal E. Stevens","doi":"10.53386/nilq.v61i4.460","DOIUrl":"https://doi.org/10.53386/nilq.v61i4.460","url":null,"abstract":"In recent years, the issue of access to health care by asylum seekers has raised serious questions for government, the courts and the medical profession. Who has the right to medical treatment in the United Kingdom is a political, humanitarian and human rights matter. For the Government - often facing public hostility towards asylum seekers and migrants, fearful of health tourism or “pull factors” to the UK, and confronting burgeoning financial constraints - treatment is often regarded as a concession rather than a right. For the courts, any decision to grant treatment to non-nationals, particularly those with no right to remain, is seen as having has political implications far beyond the needs of the individual. The medical profession, by contrast, prefers in the main to focus on the patient, without regard for immigration status, and is uncomfortable with a dual role. Where the balance should lie is currently being assessed by Government as it considers responses to a Consultation Paper on Review of Access to the NHS by foreign nationals. At this timely point, this article offers a multi-disciplinary approach to the question of access to health care by asylum seekers, by examining not only the legal position but also government policy, its impact on the individual, and, significantly, the ethical and philosophical arguments pro or contra treatment. It is contended that only through this comprehensive analysis can an appropriate legislative approach be adopted at a time when this critical social right is gaining ascendance.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75934252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Law of Economic Migration - A Ménage À Trois? GATS Mode 4, EPAs and Bilateral Migration Agreements","authors":"M. Panizzon","doi":"10.7892/BORIS.3624","DOIUrl":"https://doi.org/10.7892/BORIS.3624","url":null,"abstract":"International economic migration is steered by the vertical interplay of migration-related agreements at three levels: the multilateral opening of labour markets in GATS mode 4, its regional replicas of preferential trade agreements and bilateral migration schemes. We observe a horizontal fragmentation, whereby bilateral migration agreements “correct” the high-skill bias of national immigration laws, while trade agreements liberalize the temporary movement of natural persons in highly skilled services occupations. Combining elements of both are economic partnership agreements (EPAs). The GATS Article II (MFN) brings about coherence, as it lifts the pressure from the classic corridors of migration, which bilateral migration agreements have tended to cement. Presented at the SIEL 2010 Conference in Barcelona.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84572079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity: A Critical Commentary","authors":"Nicole LaViolette","doi":"10.1093/ijrl/eeq019","DOIUrl":"https://doi.org/10.1093/ijrl/eeq019","url":null,"abstract":"Egregious human rights violations have compelled some lesbian, gay, bisexual, and transgender people to seek refuge in countries with better human rights protection. Whilst this movement of refugees essentially began in the early 1990s, it was only in 2008 that the United Nations High Commissioner for Refugees (UNHCR) directly addressed the issue by releasing the ‘UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity’. The most significant effect of the Guidance Note is that, with its release, UNHCR has recognized that sexual minorities have encountered a specific set of problems in having the refugee definition applied to their claims. This article argues that, while the Guidance Note provides a first and necessary interpretive road map for decision makers responsible for determining such claims, it should not be viewed as a full and complete analysis of refugee claims based on sexual orientation and gender identity.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87938212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Workers, Nationality, and What it Means for State Sovereignty and the Internal Market","authors":"A. Kocharov","doi":"10.2139/SSRN.1605045","DOIUrl":"https://doi.org/10.2139/SSRN.1605045","url":null,"abstract":"Who is a worker in EC law? In its case law the Court of Justice has long developed a definition of worker in relation to nationals of the Member States. This jurisprudence has later been applied to worker clauses in EC agreements with third countries. However, the secondary legislation adopted under Title IV EC has re-defined this concept for third-country nationals residing in the Community. Simultaneously, a number of new directives contain mobility provisions for third-country workers relocating between Member States. The contribution will focus on the evolution of competences regarding secondary migration, discussing provisions of the Treaty of Lisbon, current secondary legislation, and most recent proposals. The rationale behind introduction of intra-Community mobility for third-country workers appears to diverge from that of Article 39 EC. Enacting directly effective right to secondary mobility for third-country workers potentially leads to the application of free movement principles to all workers, to the benefit of the internal market at the expense of sovereign powers of the Member States. Has the first step in this direction been taken?","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80510444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sanctuary Cities: The Reason Illegal Aliens are Getting Away with Crimes?","authors":"Kerry Planer","doi":"10.2139/ssrn.1584407","DOIUrl":"https://doi.org/10.2139/ssrn.1584407","url":null,"abstract":"The question remains: what is preventing authorities from following federal legislation? Likewise, where does the system fail, allowing for criminal aliens to escape deportation? It is no coincidence that these crimes occurred in cities and towns that promote sanctuary policies. Sanctuary cities prevent the adequate cohesion between local law enforcement and federal officials. In Section II, this note will discuss what sanctuary cities are and how and why they are created. Next, section III will detail the history of immigration legislation in the United States, pre- and post-9/11. Section IV will then analyze why federal legislation and immigration laws preempt sanctuary city policies and will look at the case law that supports the preemption. Section V discusses the harms of sanctuary cities, focusing specifically upon the vast amount of crimes occurring at the hands of illegal aliens, including gang crime and sex offenses. It will center on why sanctuary cities, through their passive measures, permit illegal immigrants to continue violating criminal laws in addition to being here illegally. The fact that many criminal illegal immigrants are repeat offenders, once subject to the hands of the authorities, compels the public to ask how this happens. This section will also examine the arrest procedure of an illegal immigrant and what should happen at the state and local level. And finally, Section VI and VII examine possible solutions to prevent criminal aliens from slipping through the cracks of the legal system and harming American citizens. This note does not attempt to discuss a possible solution to the illegal immigration problem that the country faces, but focuses more on illegal immigrants who are committing crimes over and over again, in part because they are not being reported to ICE, are not being denied bail, and ICE and state and local authorities are not provided with the appropriate resources and funding to handle such a tremendous amount of illegal immigrant cases.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84074883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Racial Enclaves and Density Zoning: The Institutionalized Segregation of Racial Minorities in the United States","authors":"J. Rothwell","doi":"10.2139/ssrn.1161162","DOIUrl":"https://doi.org/10.2139/ssrn.1161162","url":null,"abstract":"Previous research on segregation stresses things like urban form and racial preferences as primary causes. The author finds that an institutional force is more important: local land regulation. Using two datasets of land regulations for the largest U.S. metropolitan areas, the results indicate that anti-density regulations are responsible for large portions of the levels and changes in segregation from 1990 to 2000. A hypothetical switch in zoning regimes from the most exclusionary to the most liberal would reduce the equilibrium gap between the most and least segregated Metropolitan Statistical Areas by at least 35% for the ordinary least squares estimates. Copyright 2011, Oxford University Press.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91101196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Refugees: On the Economics of Political Migration","authors":"P. Schaeffer","doi":"10.2139/ssrn.989646","DOIUrl":"https://doi.org/10.2139/ssrn.989646","url":null,"abstract":"Unless literally forced to leave, prospective refugees have a choice between staying and flight, subject to constraints, particularly the willingness of a country to grant asylum. Although all options may be unpleasant, they nonetheless represent alternatives amenable to economic analysis, The incentive to flee is a function of threat severity and credibility, and the attractiveness of available safe havens. The theoretical analysis suggests that restrictive asylum policies have little impact on demand for asylum, except in the interplay with other factors, such a costs of flight and retribution against unsuccessful refugees. While the case of bogus refugees has received much attention in the popular literature, this article shows that threatened individuals may choose emigration instead of flight if there are repercussions associated with refugee status. The article also analyzes the case of bogus refugees.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76186130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Constitutional Mosaic Across the Boundaries of the European Union: Citizenship Regimes in the New States of South Eastern Europe","authors":"J. Shaw","doi":"10.2139/SSRN.1914399","DOIUrl":"https://doi.org/10.2139/SSRN.1914399","url":null,"abstract":"This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"59 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85954831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}