Georgetown immigration law journal最新文献

{"title":"After Brexit: Protecting European Citizens and Citizenship from Fragmentation","authors":"O. Garner","doi":"10.2139/SSRN.2871404","DOIUrl":"https://doi.org/10.2139/SSRN.2871404","url":null,"abstract":"This paper takes the normative position that the fragmentation caused by the United Kingdom’s withdrawal from the European Union requires legal solutions to protect the rights and status of EU citizens in the United Kingdom, and UK citizens in the European Union. The suitability of international law, domestic law, and European Union law measures are analysed on the basis of how comprehensive protection would be, and how practicable the solutions. The paper concludes with the observation that the upheaval of Brexit has prompted radical reconsideration of how the EU legal order and EU citizenship may develop in the future. Accordingly, constituting a core European citizenry would insulate European citizens and citizenship from fragmentation in the EU legal order.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"198 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74662592","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":"Immigration as a Human Right","authors":"Kieran Oberman","doi":"10.2139/SSRN.2164939","DOIUrl":"https://doi.org/10.2139/SSRN.2164939","url":null,"abstract":"This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83571775","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":"Analysing the Causes of the Refugee Crisis and the Key Role of Turkey: Why Now and Why so Many?","authors":"Jonathan Zaragoza-Cristiani","doi":"10.2139/SSRN.2704901","DOIUrl":"https://doi.org/10.2139/SSRN.2704901","url":null,"abstract":"In this paper, I seek to explain the causes of the massive migratory flows from Turkey to Greece since August 2015. The context of conflict and regional turbulence in the Middle East, together with several events taking place at the beginning of 2015, in which Turkey was directly or indirectly involved, triggered in August the unprecedented refugee crisis that we are still witnessing today. These events led to a sea change, in the period of the 9th to the 14th of August, in the Turkish position towards refugees and in the Syrian refugees’ willingness to wait in Turkey till the end of the war in Syria. The intersection, during these days, between Turkey’s decreasing interest in receiving and controlling Syrian refugees within its territories and the increasing motivation of a significant number of Syrian refugees to leave Turkey, sparked the beginning of the current refugee crisis in the Eastern Mediterranean route. Finally, I will argue that this refugee crisis has accelerated the EU-Turkey accession negotiations in an unprecedented way, and at the same time has increased the leverage power of Turkey.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85172426","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":"Re-Thinking Immigrant Investment Funds","authors":"A. Gamlen, Christopher Kutarna, Ashby H. B. Monk","doi":"10.2139/SSRN.2689105","DOIUrl":"https://doi.org/10.2139/SSRN.2689105","url":null,"abstract":"The idea of selling membership into society is not new, but it has taken on new life with the recent proliferation globally of Immigrant Investor Programs (IIPs). These programs involve the sale of national membership privileges to wealthy foreigners. They are justified by attractive policy objectives: to stimulate economic development and attract engaged investormigrants. But they are often plagued by failures to achieve either of these two goals. This paper surveys the universe of IIPs, reviews their objectives, activities and performance, and explores how they might be improved. We develop a two-dimensional typology for distinguishing IIPs according to types of criteria they impose on program applicants: (i) wealth criteria and (ii) engagement criteria. We map out four distinct immigrant investor strategies that emerge out of these different IIP criteria: Aspiring Astronauts, Absent Oligarchs, Migrant Mayors and Pioneer Patrons. By analyzing which IIP criteria encourage which strategies, we highlight common mismatches between stated objectives and embedded incentives, helping to explain why many IIPs report poor economic and immigration policy outcomes. We also contemplate solutions. In particular, we observe that the success of an IIP depends upon the coming-together of expertise from two domains—migration policy and investment management—and we draw upon insights from successful Sovereign Development Funds (SDFs), which likewise must simultaneously achieve public policy and financial goals. We propose a set of principles to guide the emergence of a new type of SDF: Immigrant Investment Funds (IIFs). We also indicate how such vehicles might help address urgent issues around migration and refugees, for example by investing in refugee and migrant entrepreneurship and in the infrastructures needed to incorporate newcomers, thereby demonstrating the public value of immigration at a time when anti-immigrant rhetoric has become a serious irritant in world politics.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74755621","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":"Moral Judgments, Expressive Functions, and Bias in Immigration Law","authors":"Emily Ryo","doi":"10.2139/SSRN.2673394","DOIUrl":"https://doi.org/10.2139/SSRN.2673394","url":null,"abstract":"In a lucid and trenchant style characteristic of Professor Hiroshi Motomura’s writing, \"Immigration Outside the Law\" offers rich descriptive and prescriptive analyses of three major themes underlying debates about unauthorized migration: the meaning of unlawful presence, state and local involvement in the regulation of unauthorized migration, and the integration of unauthorized migrants into American society. This review advances several ideas that I argue are important to understanding these key themes. In brief, I suggest that a more comprehensive understanding of public debates about unauthorized migration requires examining lay moral judgments about unlawful presence, the expressive functions of immigration law, and the nature of contemporary forms of racial and ethnic bias against Latinos. I discuss how considering these ideas in connection with the book’s key themes and arguments might extend, strengthen, and complicate the book’s analysis and insights.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79262504","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":"Citizens Abroad and Social Cohesion at Home: Refocusing a Cross-Border Tax Policy Debate","authors":"Michael S. Kirsch","doi":"10.2139/SSRN.2669543","DOIUrl":"https://doi.org/10.2139/SSRN.2669543","url":null,"abstract":"Modern developments raise significant questions about the future importance (or non-importance) of formal citizenship status. For example, while many have interpreted the European Union project, with its emphasis on the free movement of individuals, as portending the decreasing relevance of nationality, recent developments, such as the “Brexit” vote, suggest that national identity remains an important factor for many individuals. While much of the public debate over citizenship focuses on areas, such as immigration, that are more obviously tied to formal citizenship status, this debate also impacts cross-border tax policy. Over the past decade, several scholars have addressed the use of citizenship status as a jurisdictional basis upon which to tax the foreign-source income of individuals who live outside of their country of citizenship. Some writers have defended the United States’ use of this citizenship-based taxation (“CBT”) to tax the foreign income of citizens living abroad, while a more significant number of scholars have rejected it and proposed that the United States tax the foreign income of U.S. citizens only if they reside in the United States (residence-based taxation, or “RBT”). This Article considers the competing normative arguments surrounding the use of citizenship as a jurisdictional basis to tax, and distills the strengths and weaknesses of each. In so doing, it highlights the most salient factors upon which the debate hinges, and illustrates the importance of difficult-to-measure predictions of how both individuals and society will react to different regimes. The Article ultimately concludes that the debate between CBT and RBT often overemphasizes the subjective circumstances of particular individuals, and underemphasizes the broader impact of the alternative regimes on social cohesion within the United States. When coupled with the significant residence neutrality concerns that may arise under an RBT regime and the resulting potential to create a permanent class of wealthy U.S. citizens living abroad who would not be subject to taxation, these social cohesion concerns suggest that the United States should continue to exercise citizenship-based taxing jurisdiction. However, the Article acknowledges that such a CBT regime can only be defended in practice if the IRS and Congress are willing to address the significant practical compliance concerns faced by many citizens living abroad.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76961742","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":"Putting a Lid on the Melting Pot: Determinants of American Immigration Policy","authors":"Zachary Gochenour","doi":"10.2139/ssrn.2630788","DOIUrl":"https://doi.org/10.2139/ssrn.2630788","url":null,"abstract":"The closing of the United States to immigrants is arguably the most economically and socially significant policy shift in American history. The U.S. had virtually open borders until 1879, when the first of a series of federal laws prohibiting or limiting immigration of particular groups was passed. By 1924, immigration had been reduced to a small fraction of the peak in the 1890s. During this time frame, 42 major votes were considered in the House and 31 in the Senate to limit immigration. Using data from the U.S. Congressional record, I explain the policy shift in public choice terms: identifying voting patterns that can be explained by shifts in public and elite opinion, the incentives of policymakers, and changing economic conditions. Explanations of the policy shift from previous scholarship are evaluated in light of roll-call voting data and NOMINATE scores. Using multivariate analysis, I find that Congressional ideology was an important factor in the development of immigration restriction policy, with the most restrictive legislation passed when legislators from the rural South joined a Congressional coalition against immigration.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78812973","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":"Fishing for Precarious Status Migrants: Surveillant Assemblages of Migrant Illegalization in Toronto, Canada","authors":"Paloma E. Villegas","doi":"10.1111/j.1467-6478.2015.00706.x","DOIUrl":"https://doi.org/10.1111/j.1467-6478.2015.00706.x","url":null,"abstract":"Migrants with precarious immigration status in Canada encounter surveillant assemblages of illegalization that threaten their safety and ability to access social goods. Drawing on qualitative interviews, media stories, and government documents, this article analyses how surveillance is produced through various ways of knowing, by various actors, and in different institutions in Canada. My case study demonstrates that the sites of operation for surveillant assemblages of illegalization extend beyond immigration authorities and into more diffuse sources including the police, the health‐care sector, banks, employment agencies, and acquaintances. I also suggest that there is a level of overlap and integration among such sites, including the use of shared databases and the possibility that any interaction with precarious status migrants can be reported to immigration authorities.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80902227","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":"Balancing National Objectives and Settling Rivalries. Towards a New European Asylum System?","authors":"Enzo Rossi","doi":"10.2139/ssrn.2609855","DOIUrl":"https://doi.org/10.2139/ssrn.2609855","url":null,"abstract":"We offer a holistic view (and formal representation) of the Common European Asylum System (CEAS), in which the national objectives of the states emerge in terms of trade-off between control and respect of the asylum seekers' human rights. Control of access implies spillover of the flows towards neighbouring states and rivalries between the states in a non-cooperative game. An asylum system is a set of rules designed to settle rivalries, balancing out the national objectives. Thus, on the basis of a Pareto (unanimity) criterion, one system is preferred to another if all the states are better able to achieve their national objectives. We examine the conditions under which a relocation system based on quotas may be preferable to the Dublin rules, and the reasons why closer harmonisation of standards can favour adoption of such a system. Finally, we comment on the possible outcomes when unanimity is not achieved.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78360793","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":"To Rethink the Preparation of the Expatriates","authors":"Jocelyne Robert, A. Goemans","doi":"10.2139/ssrn.2540861","DOIUrl":"https://doi.org/10.2139/ssrn.2540861","url":null,"abstract":"Not every expatriation results in success. Some expatriates come back to their home country earlier than expected or do not achieve the targeted objectives. We here aim at highlighting different types of difficulties but also at identifying factors that may reduce the latter. This study is the result of an exploratory research, realized in 2011, based among 45 Belgian and French expatriates on mission in India, China and Europe. We will underline the necessity for a contingent approach of the preparation. The preparation differs from one expatriation to one other and the role of the Human Resource in the host Countries is as important as the role of the Human Resource in the Head Quarter. The preparation differs from one expatriation to one other. We purpose also to define a first expatriation as a training time for the following expatriations, especially if the following expatriation is in a context culturally different or if work conditions are different of these from the home countries. This first expatriation will have to be longer to impact the next expatriation and to enable the expatriate to prepare for cultural differences, acculturation and change in different context. After, the beginning of each expatriation will be training at the particular condition of expatriation but will be more eased and accelerated, as the expatriate already is trained in adapting and cultural differences but as to learn about the particularities of this expatriation.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90441288","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}