Georgetown immigration law journal最新文献

{"title":"The Dublin System of Refugee Admission: A Law and Economics Analysis","authors":"Z. Teferra","doi":"10.2139/ssrn.2521180","DOIUrl":"https://doi.org/10.2139/ssrn.2521180","url":null,"abstract":"The Dublin system of refugee admission is a European legal framework designed to address the problem of refugees in Europe by allocating responsibility [of examining asylum applications] to Member States. It is intended to facilitate the asylum application process of third country nationals coming to Europe by, inter alia, ensuring effective and accessible asylum procedures, maintaining family unity, guaranteeing the full respect for the principle of non-refoulement and by preventing potential 'forum shopping' by asylum seekers. For this, it consists of hierarchy of objective criteria on which the responsibility of the Member States is determined. Following such criteria, once a Member State found that another Member State is responsible to evaluate the asylum application of a particular asylum seeker, it can request the latter State to take charge of the claim. Upon acceptance of such request, it can also transfer the asylum seeker to the responsible Member State. This paper questions the efficiency of this System by examining it both from theoretical and practical scenarios. Accordingly, by modeling the various universal refugee Conventions and those EU agreements establishing the Dublin System as 'contracts with the object of providing a public good of international protection to refugees' and using the 'Cost-Incentive-Risk Sharing' Analysis, it contends that the Dublin framework is inherently flawed and inefficient system for it not only entails high transaction costs but also gives no /low/ incentive for States to discharge their contractual obligations. Besides, despite the solidarity and shared responsibility that it seeks to promote, the System lacks proper burden sharing mechanism among the various Member States that consequently made some handful States to bear the larger burden than others.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"202 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80236338","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":"Unaccompanied Migrant Children from Central America: Context, Causes, and Responses","authors":"Dennis Stinchcomb, E. Hershberg","doi":"10.2139/SSRN.2524001","DOIUrl":"https://doi.org/10.2139/SSRN.2524001","url":null,"abstract":"This paper offers a comprehensive orientation to the recent surge in migration to the United States by unaccompanied children and families from the Northern Triangle countries of Central America: El Salvador, Guatemala, and Honduras. To inform advocates and others working on behalf of these new arrivals, this report seeks to: 1) Set the unprecedented expansion in the number of youth and family border crossings in the context of long-term migration trends from the region; 2) Present a detailed account of the country conditions (“push factors”) driving the exodus of Central American minors and families; and 3) Consider new arrivals’ prospects for remaining in the U.S. in light of available forms of deportation relief as well as current policy and advocacy responses.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90089043","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":"(When) Race Matters: The Effect of Immigrant Race and Place on Support for Anti-Immigration Laws","authors":"L. Anastasopoulos","doi":"10.2139/ssrn.2462349","DOIUrl":"https://doi.org/10.2139/ssrn.2462349","url":null,"abstract":"Does racial threat motivate support for anti-immigration laws? I answer this question by manipulating the skin-tone and geographical proximity to American citizens of a ctional undocumented Mexican immigrant. I nd that when respondents are exposed to a non-Caucasian immigrant, support for anti-immigration laws increases relative to an otherwise identical Caucasian immigrant. These reactions to the immigrant’s skin-tone are observed only when respondents believe that the immigrant resides in their city and state, suggesting that geographical proximity triggers racial threat.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74275255","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":"Independence Referendums: Who Should Vote and Who Should Be Offered Citizenship?","authors":"R. Ziegler, J. Shaw, Rainer Baubock","doi":"10.2139/SSRN.2494832","DOIUrl":"https://doi.org/10.2139/SSRN.2494832","url":null,"abstract":"In this EUDO CITIZENSHIP Forum Debate, several authors consider the interrelations between eligibility criteria for participation in independence referendum (that may result in the creation of a new independent state) and the determination of putative citizenship ab initio (on day one) of such a state. The kick-off contribution argues for resemblance of an independence referendum franchise and of the initial determination of the citizenry, critically appraising the incongruence between the franchise for the 18 September 2014 Scottish independence referendum, and the blueprint for Scottish citizenship ab initio put forward by the Scottish Government in its 'Scotland's Future' White Paper. Contributors to this debate come from divergent disciplines (law, political science, sociology, philosophy). They reflect on and contest the above claims, both generally and in relation to regional settings including (in addition to Scotland) Catalonia/Spain, Flanders/Belgium, Quebec/Canada, Post-Yugoslavia and Puerto-Rico/USA.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88049464","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":"Politicization from Below? The Deportation Issue in Public Discourse in Austria, Switzerland, and Germany","authors":"D. Ruedin, S. Meyer","doi":"10.2139/ssrn.2480614","DOIUrl":"https://doi.org/10.2139/ssrn.2480614","url":null,"abstract":"Deportation has become a central element of immigration control, particularly of asylum seekers whose application has been rejected. For a long time deportation has been a non-issue in public discourse, implemented without significant public opposition or publicity. More recently, however, feelings of unease and moral outrage have emerged among certain sections of the population and the general public, manifesting themselves in various forms of protest against the deportation of individuals: deportation has become contested and politicized. We analyse the politicization of deportation in three countries – Austria, Germany, Switzerland – between 1993 and 2013 drawing on media coverage on the issue. Different from immigration, which is top-down politicized by governmental and party actors, it seems that the politicization of deportation is mainly bottom-up. Individuals threatened by deportation and NGOs and churches are the dominant actors in protests against deportations. Protest is about as likely to focus on individual deportation cases than policy. Unconventional forms of political participation are common, but once the issue of deportation has become politicized political parties increasingly join the debate.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76749506","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 ‘Promote, Protect and Ensure’: Overcoming Obstacles to Identifying Disability in Forced Migration","authors":"L. Smith-Khan, M. Crock, B. Saul, R. McCallum","doi":"10.1093/JRS/FEU020","DOIUrl":"https://doi.org/10.1093/JRS/FEU020","url":null,"abstract":"Every year, millions of people are forcibly displaced as a result of natural or human-made disasters. Although a significant proportion are persons living with a disability, remarkably little is known about the incidence and type of disabilities they experience. To design services that best respect rights and address needs, effective procedures must be devised to identify persons with disabilities in situations of displacement. This article draws on initial findings from research funded by Australia’s Department of Foreign Affairs, conducted with the cooperation of the United Nations High Commission for Refugees in four countries: Malaysia, Indonesia, Pakistan and Uganda. It examines methods used by UNHCR and its partners for identifying disability in populations of displaced persons. The authors present a tool for the identification of disabilities designed to overcome some of the challenges observed. They argue that to reflect the values enshrined in the Convention on the Rights of Persons with Disabilities, identification tools should not focus simply on impairment, using a medical approach or disability labelling. Rather, questions should be asked about functionality and a person’s assistance needs. Proper identification of disability would go some way to ensuring equal access to appropriate assistance and protection for all refugees.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80794374","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":"Citizenship as Lived Experience: Belonging and Documentality after the Breakup of Yugoslavia","authors":"Jelena Vasiljević","doi":"10.2139/ssrn.2461710","DOIUrl":"https://doi.org/10.2139/ssrn.2461710","url":null,"abstract":"Citizenship is usually thought of in terms of legal and political parameters setting the conditions for individuals’ statuses and rights, and so has been the case in its application to the post-Yugoslav context. With the primary interest in the “top-down” perspective, citizenship has been described as a tool with which new states regulated their respective citizenship bodies. But, equally, by granting us documents (passports, birth and marriage certificates, IDs, etc.) which connect us to a wider community, and by employing an array of ethnic, cultural and state symbols, citizenship instills us with a sense of belonging, membership and identity. Furthermore, through our enacting of rights and duties of citizenship, it becomes an inextricable element of our everyday experience. It is especially when questioned and contested that citizenship plays a significant role in how we perceive ourselves, how we appear to others and how intergroup relations are mediated. This paper focuses on personal narratives that reveal lived experiences of the triangular relationship between citizenship, identity and (national) belonging in the post-Yugoslav space. Its aim is to shed some light on a less examined perspective of citizenship transformations, and to complement the currently existing literature on citizenship regimes in the post-Yugoslav states with a bottom-up approach that treats citizenship in its identity-forming and recognition-bearing social role.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86550757","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":"Undeclared Work in Croatia: A Baseline Assessment","authors":"Josip Franić, Colin Williams","doi":"10.2139/ssrn.2435142","DOIUrl":"https://doi.org/10.2139/ssrn.2435142","url":null,"abstract":"The aim of this report is to evaluate the extent and nature of undeclared work in Croatia and the policy approaches and measures currently employed to tackle this sphere.Extent and nature of undeclared workIn recent years, there have been substantial efforts to reduce undeclared work in Croatia. Faced with significant deficits in the public budget, the government has sought effective policy responses that would result in increased compliance. Nonetheless, it is hard to know whether these strategies are resulting in a decrease in the prevalence of undeclared work. While some studies of the magnitude of undeclared work suggest that it is continuing to decline in size, others suggest that the trend is in the opposite direction.Examining the nature of the undeclared economy, the 2013 Eurobarometer Survey on undeclared work highlights how much undeclared work in Croatia is for and by close social relations; 57% of the respondents who were carrying out these activities stated that the purchasers were their friends, colleagues or acquaintances. Generally, individuals with a lower level of education are the most susceptible for carrying out undeclared work in Croatia. Men, moreover, are almost three times more likely to work undeclared than women. Nearly one third of people engaged in undeclared work are manual workers, and almost every fourth undeclared worker is unemployed, while about every seventh undeclared worker is retired. Therefore, these three groups, namely manual workers, unemployed people and the retired, represent about 70% of all undeclared workers in Croatia. This will be important when designing policy responses.Turning to the firm level, the findings are that those in agriculture and related industries are the most likely to recognise competition from unregistered or informal firms as a serious obstacle to their business. In addition, small and medium-sized firms are far more likely to identify the existence of the unregistered units in their sector than are large firms. Finally, domestic owned and non-exporting businesses more often witness the presence of unregistered firms and the constraints caused by them in comparison with exporters and firms in foreign ownership.The most common reason for individuals engaging in undeclared activities is the lack of formal employment opportunities, indicating that unemployment is the central issue that requires consideration when combating undeclared work in Croatia. In the case of retired individuals, there are two subgroups highly susceptible to engagement in undeclared work. Those with a small pension find their incentive in an insufficient level of income, while privileged ones, who took early retirement, are often motivated by the surplus of time. The most salient features of the labour market that provide disincentives for formal employment are the high tax burden and benefit traps. From the perspective of businesses, the main obstacles to formalisation are the non-transparency and instabili","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80528722","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 and Economic Growth in Metropolitan Areas","authors":"Xiaochu Hu","doi":"10.2139/SSRN.2434245","DOIUrl":"https://doi.org/10.2139/SSRN.2434245","url":null,"abstract":"This research answers the question whether immigration contributes to metropolitan areas’ productivity and economic growth, and it also quantifies the impacts of immigration on productivity and economic growth. It examines the relationships between metropolitan Gross Domestic Product (GDP) and the measures of immigration in the United States from 2000-2010 and attempts to find evidence in three mechanisms through which immigration can contribute to the economic growth: the overall effects, the skill effects and the complementarity effects. In each effect’ analysis, this research uses reduced- and structural-form equations and uses fixed-effects and first-difference models. First, reduced-form analysis with the specification of GDP per worker as the dependent variable and share of immigrant workers in total workforce as the independent variable revealed that the overall immigration has a small negative impact on metropolitan productivity growth, and this potential negative impact increases with metropolitan population size. Structural-form analysis with the specification of GDP level as the dependent variable and numbers of immigrant worker as the independent variable found that immigration has a significant positive impact on economic growth. However, using instrumental variables cannot enhance this finding with reduced endogeneity. Second, neither reduced- or structural- form analysis found that high-skilled immigrants contribute to the productivity and economic growth. Interestingly, fixed-effects panel regression results pointed out that low-skilled immigrants make a substantial contribution to the productivity and economic growth. Third, this research revealed evidence that immigration contributes to the economic growth through complementing native workers and the complementarity comes from both the immigrant and native workers with the same and with different levels of education. Immigration’s impact on labor market outcomes has been extensively studied. However, previous literature seldom focuses on immigration’s effect on the aggregate economic measurement such as GDP. By providing an in-depth analysis of immigrants’ impact on metropolitan GDP, this research seeks to fill the gap in the immigration economic impact and regional economic growth literature. This research’s findings provide direct guidance in making and implementing metropolitan-specific immigration policy.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81701507","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":"A Passport at Any Price? Citizenship by Investment Through the Prism of Institutional Corruption","authors":"Laura Johnston","doi":"10.2139/SSRN.2324101","DOIUrl":"https://doi.org/10.2139/SSRN.2324101","url":null,"abstract":"As of mid-2013, Cyprus and Antigua and Barbuda are set to join a small but growing list of states that offer naturalized citizenship to aliens on the basis of significant investment in their respective economies. Granting citizenship by investment may appeal to policymakers, particularly in states experiencing financial turmoil, as a means to attract much-needed foreign investment. This paper seeks to critique citizenship by investment policies through the prism of institutional corruption, adopting and applying institutional corruption concepts developed in other fields to this new field of analysis. This paper argues that citizenship by investment policies amount to institutional corruption because they threaten to destroy the value of national citizenship and corrode public trust in citizenship in a way that naturalization on other bases does not.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2013-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81753406","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}