Georgetown immigration law journal最新文献

{"title":"Detention in Canada","authors":"Stephanie J. Silverman","doi":"10.2139/SSRN.2413146","DOIUrl":"https://doi.org/10.2139/SSRN.2413146","url":null,"abstract":"This short overview of the Canadian system for detaining migrants and asylum seekers focusses on C-31, the Protecting Canada’s Immigration System Act. It is a working draft produced in late-autumn 2013.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2013-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77645621","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 Hidden Costs of Human Rights: The Case of Immigration Detention","authors":"Michael G. Flynn","doi":"10.2139/SSRN.2344193","DOIUrl":"https://doi.org/10.2139/SSRN.2344193","url":null,"abstract":"Many liberal democracies betray a noticeable discomfort when it comes to public scrutiny of immigration detention, neglecting to release comprehensive statistics about it, cloaking detention practices in misleading names and phrases, and carefully choosing which activities they define as deprivation of liberty. On the other hand, these same countries have laboured to expand their detention activities and to encourage their neighbours to do the same. What explains this simultaneous reticence towards and embrace of immigration detention? This Global Detention Project working paper argues that a largely unrecognized variable influencing the evolution of immigration detention has been the promotion of some key human rights norms, which has helped spur states to adopt new institutions dedicated to this practice while at the same time prompting them to shift the burden of global migration to countries on the periphery of the international system.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2013-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74658222","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":"Foreign Net Discount Rates: The Case of Undocumented Mexican Workers","authors":"Antonio Ávalos, R. Alley","doi":"10.2139/ssrn.2317345","DOIUrl":"https://doi.org/10.2139/ssrn.2317345","url":null,"abstract":"While undocumented immigrants have standing to sue in state and federal courts in the United States, the number of legal cases dealing with the question of measuring damages awards is limited. Although the approaches taken by courts differ widely, a common past approach has involved foreclosing damages recovery to undocumented workers. Some courts, however, have allowed damages awards based on wages in the undocumented worker's country of origin. As the issue of how to correctly estimate damages of undocumented workers arises going forward, it is reasonable to expect that forensic economists will be required to estimate damages awards based on foreign wages. As an effort to equip forensic economists with the tools to conduct such estimates, this paper addresses the issue for the case of Mexican undocumented workers. First, the paper reviews developing case law on the subject. Second, based on official sources, time series data on interest rates and Mexican annual wages by industry since 1980 are investigated and reported. Third, the historical net discount rate (NDR) is discussed and proposed as a methodology to estimate damage awards. Fourth, NDR stability is discussed. The paper concludes by summarizing the findings and offering concluding comments.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91036120","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":"Australia's Accompanied Irregular Child Migrants","authors":"M. Byers, Bao-Er","doi":"10.2139/ssrn.2157269","DOIUrl":"https://doi.org/10.2139/ssrn.2157269","url":null,"abstract":"This paper: (1) Focuses on a range of issues that arise for accompanied irregular child migrants in Australia who are in the care of an adult, usually their parents, and who, as a result of being under the care and protection of their parents, are oftentimes denied their basic human rights; and (2) proposes a number of steps that can be taken to protect accompanied irregular child migrants from being unnecessarily exposed to the risk of significant harm.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2012-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84582935","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 Institutional Structure of Immigration Law","authors":"E. Posner","doi":"10.2139/ssrn.2120759","DOIUrl":"https://doi.org/10.2139/ssrn.2120759","url":null,"abstract":"Immigration law scholars should give more attention to the institutional structure of immigration law and, in particular, the way that the government addresses problems of asymmetric information in the course of screening potential migrants and attempting to control their behavior once they arrive. Economic models of optimal contracting provide a useful starting point for analyzing this problem. This approach is applied to several current debates in immigration scholarship, including controversies over “crimmigration” and courts’ refusal to extend labor and employment rights to undocumented aliens.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88627384","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":"China’s 'New Generation' Rural-Urban Migrants: Migration Motivation and Migration Patterns","authors":"Xiaochu Hu","doi":"10.2139/SSRN.1978546","DOIUrl":"https://doi.org/10.2139/SSRN.1978546","url":null,"abstract":"The majority of China’s roughly 145 million rural-urban migrants were born after 1980, making this population the “new generation” of internal migrant workers. Having been directly influenced by China’s rapid economic growth and recent socio-demographic policy changes, this cohort of rural-urban migrants have different migration motivations compared to their father’s generation, and demonstrate interesting migration patterns. The paper provides a systematic and comprehensive understanding of the new generation migrants as it reveals the young migrants’ social goals, expectations, employment choices, and sociocultural integration in cities.This research uses in-depth interview data collected in December 2006 and February 2007 in Guangzhou City and Bozhou rural areas. The first part of this research examines the primary migration motivation and reasons for migrants to relocate or change jobs. A variety of non-economic migration reasons were found, which expresses distinct new-generation characteristics such as being tired of school, being attracted by the city life or exploring the world. In terms of relocation and changing job reasons, intolerance of over-loaded jobs and adverse working conditions were frequently cited by the young migrants. They were also found to strategically change jobs to align with personal and career interests, which used to be a luxury for rural-urban migrants. The second part of the research explores a typology of the new generation migrants according to the social migration patterns: Career Builders, Family Helpers, Emotional Explorers and Lost Followers, with stories and quotes from each prototype. Then, the paper discusses how young migrants transfer from one type to another as they stay in the cities longer.A version of this paper appeared in the Migration Information Source, the online journal of the Migration Policy Institute (Washington DC in January 2012).","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82027781","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 War on Terror as a Metaphor for Immigration Regulation: A Critical View of a Distorted Debate","authors":"Geoffrey A. Hoffman, Susham M. Modi","doi":"10.2139/SSRN.1974520","DOIUrl":"https://doi.org/10.2139/SSRN.1974520","url":null,"abstract":"The “war on terror” represents a powerful metaphor reaching into the everyday lives of millions of non-U.S. citizens and citizens alike, both domestically and abroad. The “war” has skewed the debate, specifically regarding immigration regulation and reform. It is especially pernicious because it operates, on an unconscious level, on our unstated assumptions about immigrants and immigrant populations. In this Article, the authors begin with a discussion of the so-called “anchor” babies, now transmogrified into a new, scarier concept, “terror” babies. This is a good starting point for the discussion because it illustrates quite poignantly the ways in which the rhetoric has driven the debate to the point of absurdity and hyperbole. We then address the proliferation of terror-related grounds of inadmissibility and deportability. The issues which have come up in proceedings center around the malleability of the term “material support,” the exceedingly large breadth of scope in the term “terrorist activity,” as well as the difficulties which follow from allowing for the incorporation of the inadmissibility grounds into the parallel ground of deportability in section 237 of the Immigration and Nationality Act (“INA”). Equally disturbing are the misunderstandings surrounding the term “illegal immigrant.” We argue for a more nuanced approach which takes into account the range of available relief depending on the nature and history of one’s undocumented status. Throughout the discussion, there is the recognition that governmental actors have latitude, sometimes enormously wide latitude, to interpret the laws. It is often in these interstices where abuse occurs. We next discuss the fugitive disentitlement doctrine, and the trend to apply the doctrine outside of its normal confines in the context of criminal defendants and to deprive the courts of jurisdiction to hear the appeals of immigrants. We point out the infirmities with applying the fugitive disentitlement doctrine in the context of immigration. In the Real ID Act, among other legislation, there are severe jurisdiction-stripping provisions which have deprived federal district courts, in habeas proceedings, of the power to review final orders of removal, and modified the jurisdiction of the federal courts of appeals to hear immigrants’ appeals in other important ways. We argue that in these provisions the Real ID Act violates the Suspension Clause. In our conclusion we argue that metaphors certainly help us to interpret the world by making connections between disparate concepts. However, metaphors are not merely “figures of speech” but can result in tools of powerful persuasion. The danger of equating terrorists with immigrants and vice versa through the metaphor of the war on terror has become a very real threat to immigrants’ rights, and by extension, to all our rights, citizens and non-citizens alike.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"139 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75161368","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 Effects of Migration on Children’s Activities in Households at Origin: Evidence from Senegal","authors":"Ousmane Faye, F. Cissé","doi":"10.2139/ssrn.1960581","DOIUrl":"https://doi.org/10.2139/ssrn.1960581","url":null,"abstract":"This paper examines the repercussions of international migration on children?s time allocation in households at origin. We focus on children of age 7 to 12 and distinguish three activities: market work, French school attendance, and enrollment in Medersa (Arab/Islamic traditional school). In our analysis, we account for heterogeneities in migration constraints considering differences in migration destinations and the number of migrants within households. We instrument for migration using policy and governance facets in destination countries, precisely France, Spain, and Italy. Results show that ? after controlling for endogeneity ? migration has a positive and significant impact on enrollment in French curriculum school. However, once we account for the destination of the migrant, this positive and significant impact is only verified in households with migrants in Europe. We also note that when the number of migrants within a household increases, children of age 7 to 12 are less likely to attend French school and they are more likely to be involved in paid work activities. We draw evidence from the 2009 Senegalese household survey on migration and remittances (Enquete Menage sur la Migration et les Transferts de Fonds).","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79691321","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":"Why Don't Migrants with Secondary Education Return?","authors":"Renata Ivanova, Byeongju Jeong","doi":"10.2139/ssrn.1965833","DOIUrl":"https://doi.org/10.2139/ssrn.1965833","url":null,"abstract":"The paper attempts to explain a U-shaped pattern of return migration rates with respect to educational attainment. We develop a two period OLG model with emigration and return migration decisions undertaken by agents heterogeneous in terms of educational attainment. The immigration policy is considered as an additional determinant for the migration decision. The model predicts that the combination of two forces - relative returns to schooling and uncertain opportunities for status adjustment - results in favorable conditions for migrants with secondary education to remain abroad permanently.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86968868","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":"Determinants of Internal Migration in Kazakhstan","authors":"B. Dietz, A. Aldashev","doi":"10.2139/ssrn.1949058","DOIUrl":"https://doi.org/10.2139/ssrn.1949058","url":null,"abstract":"In this paper we analyze the determinants of interregional migration in Kazakhstan using quarterly panel data on region to region migration in 2008–2010. To the best of our knowledge this is the first study on interregional population flows in Central Asia. We find that migration is determined by economic factors, first of all income: People are more likely to leave regions where incomes are low and more likely to move to regions with a higher income level. Furthermore, mobility is larger between more populated regions. Distance has a strong negative impact on migration, indicating high migration related costs and risks. Assuming that high migration costs are caused by poor infrastructure, investments in public and social infrastructure should facilitate regional income convergence in Kazakhstan and improve living standards in depressed regions.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76334338","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}