This book investigates how, as postcolonial studies revises its agenda to incorporate twenty-first century concerns, asylum has emerged as a key field of enquiry.
Nothilfelager sind Orte innerstaatlicher Grenzziehungen im europäischen Grenzregime. Sie schließen abgewiesene Geflüchtete ein und damit aus der Gesellschaft aus. Simone Marti analysiert in einer ...ethnografischen Studie die herrschende »politische Rationalität« von Migrationsbehörden bei der Etablierung und Legitimierung des Nothilfe-Regimes. Im Fokus stehen dabei die Nothilfelager, die sie als totale Institutionen beschreibt. Zentral sind zudem die Bewältigungsstrategien abgewiesener Geflüchteter gegen die Demütigungen und Entwürdigungen, die der institutionellen Logik der Nothilfelager innewohnen.
Addressing consistency in the application of the law, former Attorney General Robert Jackson told Congress in 1940: "It is obviously repugnant to one's sense of justice that the judgment meted out . .... . should depend in large part on a purely fortuitous circumstance; namely the personality of the particular judge before whom the case happens to come for disposition." Yet in asylum cases, which can spell the difference between life and death, the outcome apparently depends in large measure on which government official decides the claim. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. This study analyzes databases of decisions from all four levels of the asylum adjudication process: 133,000 decisions involving nationals from eleven key countries rendered by 884 asylum officers over a seven-year period; 140,000 decisions of 225 immigration judges over a four-and-a-half-year period; 126,000 decisions of the Board of Immigration Appeals over a six-year period; and 4215 decisions of the U.S. courts of appeals during 2004 and 2005. The analysis reveals amazing disparities in grant rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. For example, in one regional asylum office, 60% of the officers decided in favor of Chinese applicants at rates that deviated by more than 50% from that region's mean grant rate for Chinese applicants, with some officers granting asylum to no Chinese nationals, while other officers granted asylum in as many as 68% of their cases. Similarly, Colombian asylum applicants whose cases were adjudicated in the federal immigration court in Miami had a 5% chance of prevailing with one of that court's judges and an 88% chance of prevailing before another judge in the same building. Half of the Miami judges deviated by more than 50% from the court's mean grant rate for Colombian cases. Using cross-tabulations based on public biographies, the paper also explores correlations between sociological characteristics of individual immigration judges and their grant rates. The cross-tabulations show that the chance of winning asylum was strongly affected not only by the random assignment of a case to a particular immigration judge, but also in very large measure by the quality of an applicant's legal representation, by the gender of the immigration judge, and by the immigration judge's work experience prior to appointment. In their conclusion, the authors do not recommend enforced quota systems for asylum adjudicators, but they do make recommendations for more comprehensive training, more effective and independent appellate review, and other reforms that would further professionalize the adjudication system.
During the past year the temporary holding centre for irregular migrants in Lampedusa, Italy's southernmost island, has been repeatedly denounced for instances of procedural irregularities and ...alleged human rights violations. This study presents an overview of events and policies implemented by the Italian and Libyan Governments, the European Union and the International Organization for Migration and outlines the contentions surrounding these policies. It argues that the implementation of the detention and return schemes, commonly discussed in terms of the externalization of asylum, does not actually relocate the asylum procedures outside the EU's external borders but rather deprives asylum seekers of the possibility of accessing asylum determination procedure. It further suggests that policies geared towards deterring irregular migratory flows into Europe and combatting smuggling in migrants in Libya, might paradoxically result in 'illegalizing' the movement of migrants in northern Africa and increasing the involvement of smuggling networks. The study ends by raising the issue of the political responsibility of all actors involved and suggests the most affective ways to balance the rights and responsibilities on asylum at the EU's southern border. Reprinted by permission of the International Organization for Migration
Greece has shouldered a heavy burden in the global economic crisis, struggling with political and financial insecurity. Greece has also the most porous external border of the European Union, tasked ...with ensuring that the EU's boundaries are both "secure and humanitarian" and hosting enormous numbers of migrants and asylum seekers who arrive by land and sea. The recent leadership and fiscal crises have led to a breakdown of legal entitlements for both Greek citizens and those seeking refuge within the country's borders.On the Doorstep of Europeis an ethnographic study of the asylum system in Greece, tracing the ways asylum seekers, bureaucrats, and service providers attempt to navigate the dilemmas of governance, ethics, knowledge, and sociability that emerge through this legal process. Centering on the work of an asylum advocacy NGO in Athens, Heath Cabot explores how workers and clients grapple with predicaments endemic to Europeanization and rights-based protection. Drawing inspiration from classical Greek tragedy to highlight both the transformative potential and the violence of law, Cabot charts the structural violence effected through European governance, rights frameworks, and humanitarian intervention while also exploring how Athenian society is being remade from the inside out. She shows how, in contemporary Greece, relationships between insiders and outsiders are radically reconfigured through legal, political, and economic crises.In addition to providing a textured, on-the-ground account of the fraught context of asylum and immigration in Europe's borderlands,On the Doorstep of Europehighlights the unpredictable and transformative ways in which those in host nations navigate legal and political violence, even in contexts of inexorable duress and inequality.
As the emerging literature on migration studies has demonstrated, migrants who are seeking asylum around the world are increasingly finding that the process is mediated by a variety of new ...technologies. While the process of digitizing various aspects of migrant protection may promise improvements, new technologies also risk limiting access to asylum for migrants who are unable to overcome these new digital barriers to entry. This article explores the digitization of asylum by examining the context and consequences of the U.S. government’s deployment of a smartphone app called CBP One in early 2023 which suddenly became one of the main pathways for migrants to seek asylum along the U.S.–Mexico border. In doing so, this article makes two contributions to the literature on the digitization of asylum. First, the article shows how CBP One, which was not initially designed for asylum seekers, morphed into a tool that took center stage in border enforcement statecraft during a period of exceptional migration policies. Second, this article examines the range of what have been referred to as “glitches” with CBP One, to demonstrate how the app created new digital barriers to asylum. Rather than accepting glitches as mere accidents, this article argues that these glitches are the result of a political decision to force already vulnerable migrants to rely upon experimental technologies that hinder rather than facilitate their asylum-seeking process.
Hinojosa, Maria (1961–) Carrillo, Teresa
Latinos in the American Political System : An Encyclopedia of Latinos as Voters, Candidates, and Office Holders: A-M,
2019
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The last three decades have witnessed tectonic shifts in the doctrine and political valence of laws protecting religious exercise. In this Note, I analyze how this change has created the potential ...for sanctuary churches to receive greater legal protections today than during the 1980s sanctuary movement. This case study illustrates significant shifts in religious accommodation doctrine and helps to illuminate the transsubstantive nature of religious exercise protections. By drawing attention to sanctuary claims, this Note also helps to disrupt the existing partisan divide over religious freedom by reminding progressives of the potential value of RFRA claims for marginalized individuals, while highlighting to conservatives the importance of placing limits on religious accommodation claims. My hope is that this will motivate a return to an earlier consensus around accommodation as a means to protect systemically vulnerable groups and individuals in our society.
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