Georgetown immigration law journal最新文献

{"title":"Human Development and International Migration: Lessons from Low- and Middle- Income Countries","authors":"Leonie Decrinis","doi":"10.2139/ssrn.3300129","DOIUrl":"https://doi.org/10.2139/ssrn.3300129","url":null,"abstract":"This paper analyses the relationship between human development and migration. In particular, it tests whether migration as a function of human development follows an inverted U-shaped curve, known as mobility transition. Understanding this relationship is important, since many Western politicians have implemented socioeconomic development strategies in migrant source countries with the aim to reduce migration. Considering that previous studies have mainly concentrated on the economic factors of development, this study introduces the broader human development index, determined by income, health and education, as main explanatory variable. Analysing the rate of migration from 111 low- and middle income countries into the aggregate of 15 OECD countries between 2000 and 2010, the study finds strong support for the inverted U-shaped relationship between human development and migration. This indicates that development strategies aimed to reduce migration are misguided.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85320654","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":"European Policy Failure during the Refugee Crisis: Partial Empowerment, Reluctant Agents, a Cacophony of Voices, and Unilateral Action","authors":"Eugénia C. Heldt","doi":"10.2139/ssrn.3293864","DOIUrl":"https://doi.org/10.2139/ssrn.3293864","url":null,"abstract":"How can we explain the EU’s policy failure during the refugee crisis? In this contribution, I argue that EU policy failure was a function of four causal mechanisms. First, a complex delegation design with partial empowerment of supranational institutions on migration and asylum policy issues hindered an effective response and strengthened disintegration dynamics. Second, a reluctant European Commission was unable to provide leadership during the refugee crisis. Third, Member States’ inability to speak with a single voice negatively impacted their external and internal effectiveness and reinforced disintegration dynamics. Finally, this cacophony of voices led to unilateral action eroding the authority of the Commission and explains EU policy failure during the refugee crisis. The findings of this paper suggest that the mantra that the EU undergoes many crises but always emerges stronger has lost plausibility.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80717851","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":"Temporary Protected Status and Immigration to the United States","authors":"David Leblang, Benjamin Helms, Alexander Iadarola, Ankita Satpathy, Kelsey Hunt, R. Brough, Eric Xu, Mahesh Rao","doi":"10.2139/ssrn.3206009","DOIUrl":"https://doi.org/10.2139/ssrn.3206009","url":null,"abstract":"Although immigration reform has proved elusive for more than forty years, presidents from both parties have issued crucial executive actions that regulate inflows of new immigrants and the status of those already in the US. We focus on a particular class of executive actions, those related to granting immigrants Temporary Protected Status (TPS), exploiting the fact that immigrants who hold TPS receive access to the formal US labor market regardless of their legal status. Harnessing the New Economics of Labor Migration (NELM), we hypothesize that granting TPS to immigrants increases remittances to crisis-affected countries, decreasing the demand for both legal and illegal entry into the United States. We find robust statistical support for this hypothesis, and we also use synthetic control methods to evaluate TPS as a policy lever in prominent TPS-eligible countries. Our findings shed light on potentially unintended consequences that flow from providing labor market access to immigrants in the United States.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"138 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79834143","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":"Discover Our Model: The Critical Need for School-Based Immigration Legal Services","authors":"P. Lal, Mindy A. Phillips","doi":"10.15779/Z385X25C70","DOIUrl":"https://doi.org/10.15779/Z385X25C70","url":null,"abstract":"This piece seeks to chronicle the development of school-based immigration legal services at the East Bay Community Law Center, evaluate the successes and challenges of our model, and provide guidance to other organizations across the country that may wish to emulate the model.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"116 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77265237","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":"Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal","authors":"Nathan Cambien","doi":"10.1163/9789004433076_010","DOIUrl":"https://doi.org/10.1163/9789004433076_010","url":null,"abstract":"One of the fundamental pillars of the European Union is the right of EU citizens and their family members to move freely between and reside in the different EU member States. In recent case law, the Court of Justice has made it abundantly clear that EU citizens derive these rights directly from their EU citizenship status, whereas their family members have only “derived” residence rights, which are dependent on the EU citizen having exercised his freedom of movement. The impact of Brexit on the free movement of persons between the UK and the remaining EU Member States has remained one of the most controversial and politically sensitive issues ever since the British people voted to leave the EU. This Article tries to shed some light on the legal arguments underlying this debate. On the one hand, it provides an overview of a number of arguments deriving from EU law or international law on the basis of which, according to some scholars, EU citizens and their family members would continue to enjoy the residence rights attached to citizenship after Brexit. On the other hand, it will analyse a number of legal principles which would, according to some scholars, have to be respected by any withdrawal agreement between the EU27 and the UK and which, arguably, provide a basis for continued residence rights after Brexit.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"142 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80151414","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":"Towards a Common EU Approach on Social Security Coordination With Third Countries: India as an Example","authors":"Pauline Melin","doi":"10.2139/ssrn.3103840","DOIUrl":"https://doi.org/10.2139/ssrn.3103840","url":null,"abstract":"Social security coordination for third country migrants coming from third countries to the EU is scattered between EU instruments and national instruments. On the one hand, the EU has concluded agreements with third countries, e.g. Turkey, which includes provisions on social security coordination. The EU has also adopted unilateral measures such as EU Directives on migration, e.g. the Blue Card Directive, which provide for equal treatment in the field of social security. On the other hand, Member States conclude bilateral agreements on social security coordination with third countries. With the purpose of solving this fragmented situation, this paper aims at discussing what a common EU approach to social security coordination with third countries could encompass. It focuses on the social security coordination to be developed with India by using a comparative legal analysis of the EU instruments as well as the Member States’ bilateral agreements with India.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"22 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89067080","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":"Risk-Taking, Trust, and Traumatization Among Syrian Refugees in Jordan – A Lab-in-The-Field Experiment","authors":"Nora El-Bialy, A. Nicklisch, S. Voigt","doi":"10.2139/ssrn.3054467","DOIUrl":"https://doi.org/10.2139/ssrn.3054467","url":null,"abstract":"An unprecedented number of refugees from Syria has sought refuge in both the Middle East as well as in Europe since the beginning of the civil war in Syria in 2011. Refugees do not only bring patterns of behavior they have acquired over their childhood and adolescence with them but also the – possibly traumatic – civil war experience. In this paper, we inquire whether traumatization affects behavior. We report the results of experiments run in Jordan in March and May 2017 among both Syrian refugees and Jordanians. More specifically, we report results regarding risk preferences, trust, and altruism. It turns out that the choices made by Syrian students are often statistically indistinguishable from the choices made by Jordanian students whereas there are significant differences in behavior between Syrian non-students and both of our student samples. The degree of traumatization has some effects on behavior in these games. It is driven by having experienced the loss of close relatives in Syria and by having spent some time in refugee camps in Jordan.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88912435","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":"Human Rights versus National Security: The Refugee Quagmire in Kenya","authors":"Irene M. Maithya, Benta Morang'a","doi":"10.2139/ssrn.3011911","DOIUrl":"https://doi.org/10.2139/ssrn.3011911","url":null,"abstract":"Refugees existed as early as the times when religion is said to have begun. There are various books in the Bible for instance where refugees were said to be people who were homeless and needed special attention from the society. During the first and second world wars, millions of people were displaced in Europe and this led to creation of laws that would ensure the safety and protection of refugees. Later on as African states developed, they started experiencing challenges similar to the ones were being experienced in Europe and as a result the laws were revised to incorporate legal protections of the refugees in Africa. Kenya has hosted thousands of refugees from neighboring countries like South Sudan, Somalia and Uganda during the dictatorial rule of lddi Amin. However, the Daadab refugee camps established in 1991 to host Somali refugees fleeing clashes and subsequent civil wars after the ousting of Said Barre in January 1991 have posed more security concerns to Kenya. The persistent insecurity in Daadab refugee camps has put pressure on the Kenya government on the need to comply with its international human rights obligations by continually hosting refugees. It has emerged that these refugee camps have become a breeding ground of Al-shabaab activities. It is undisputed that human rights will always come first in all circumstances irrespective of whether one is a citizen or a refugee. But with national security on the other hand, how far can the state protect refugee rights? To what extent are host governments supposed to secure the rights of refugees when the security of its citizen’s is at stake? And finally, what is the scope of the refugee rights? How can Kenya strike a ‘happy medium’ by ensuring that it complies with its international human rights obligations by protecting the refugees whilst ensuring that there is no compromise on security? This study seeks to analyze the threat posed by refugees to security, the extent to which the state should protect refugees’ human rights and ensure that the security of its nationals is not compromised. The study finally attempts to suggest viable options that may mitigate the problem.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82115445","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":"From Worker to Self‐Entrepreneur: The Transformation of Homo Economicus and the Freedom of Movement in the European Union","authors":"D. Kramer","doi":"10.1111/eulj.12254","DOIUrl":"https://doi.org/10.1111/eulj.12254","url":null,"abstract":"This paper seeks to make a contribution to the study of personhood in EU free movement law by linking ahistorical and doctrinal analysis with the internal transformation of the homo economicus in economic liberalism.It is argued that a shift can be observed in the government of mobility from “freeing up” the ability of the workeras a relatively passive subject tied to external economic mechanisms to the targeting of the individual him/herselfas a responsible, active bearer of economic capability or “human capital”, whereby past socio‐economic conductand prospective economic activity serve as the thresholds for the entitlement to rights. The essence of the“new” homo economicus of EU free movement law is situated at the intersection of the social and economic,serving as a rational frame for the government of the European mover on the basis of a mutual responsibilitybetween the Union citizen and his/her host Member State towards social and economic activity, self‐sufficiencyand integration.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81664162","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":"ESTADO DE COSAS INCONSTITUCIONAL EN COLOMBIA: UNA APROXIMACIÓN JURÍDICA A UN ELEMENTO DECISIONAL (Unconstitutional State of Things in Colombia: A Legal Approach to a Decisional Element)","authors":"Milton Jimenez","doi":"10.2139/ssrn.3634925","DOIUrl":"https://doi.org/10.2139/ssrn.3634925","url":null,"abstract":"<b>Spanish Abstract:</b> Este escrito tiene por objeto presentar una aproximación a los principales componentes jurisprudenciales que definen y hacen aplicable el instrumento judicial del ECI. Al efecto, el tema se desarrollará en cuatro partes. Una primera parte, en la que se hará una aproximación al concepto jurídico o elementos definitorios del ECI; una segunda, en la que expondrán los elementos necesarios para que pueda procederse a su declaración judicial; en la tercera parte se harán algunas consideraciones respecto del caso hito del desplazamiento forzado interno; y en la cuarta se hará un análisis acerca del instrumento de evaluación de la superación del ECI. Finalmente, se presentarán varias conclusiones sobre el tema examinado.<br><br><b>English Abstract:</b> The purpose of this document is to present an approximation to the main jurisprudential components that define and make the ECI judicial instrument applicable. To this end, the theme will be developed in four parts. A first part, in which an approach will be made to the legal concept or defining elements of the ECI; a second, in which they will present the necessary elements so that they can proceed to their judicial declaration; in the third part, some considerations will be made regarding the milestone case of internal forced displacement; and in the fourth, an analysis will be made of the ECI achievement assessment instrument. Finally, several conclusions will be presented on the subject under discussion.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78949482","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}