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Posts tagged asylum
Betting on Legality: Latin American and Caribbean Responses to the Venezuelan Displacement Crisis

By Luciana Gandini and Andrew Selee

More than half, and as many as two-thirds, of the estimated 6.4 million displaced Venezuelans who have settled in Latin America and the Caribbean since 2016 have been granted legal status in their host country. Most of the receiving countries in the region have responded with pragmatic measures that offer some form of legal status as well as the right to access the labor market, basic education, and emergency health care. The measures implemented are uneven and often not fully institutionalized, but they have been surprisingly generalized for a region with limited experience with large-scale immigration.

This report explores the response to Venezuelan displacement in the 15 principal host countries in Latin America and the Caribbean between 2016 and 2022. It examines the reach of different mechanisms for providing legal status and humanitarian protection—asylum systems, mobility and residence agreements, regular visas, and regularization campaigns that offer temporary status—and offers estimates of the share of Venezuelans in each country who have obtained legal status.

The report also considers the trend of governments coupling measures to provide legal status with new visa requirements that have made it increasingly difficult for more Venezuelans to arrive, pushing some into irregular migration channels. Finally, the report looks at variations in Venezuelans’ access to education and health care across the 15 countries.

Washington, DC: Migration Policy Institute, 2023. 55p.

Finish this crisis: stories exposing the horrors of offshore detention

By the Asylum Seeker Resource Centre

The release of this report marks ten years since Australian Prime Minister, Kevin Rudd, made the choice to send over 3000 men, women and children who sought asylum by sea to offshore detention centres and deny them permanent resettlement. The report touches on the stories of seven people subjected to offshore detention since July 19, 2013. The people interviewed and the Asylum Seeker Resource Centre call for the immediate evacuation of the 80 people remaining in Papua New Guinea (PNG), permanent resettlement for all, and a Royal Commission into offshore detention. The Albanese Government evacuated refugees from Nauru. However, people are still trapped in PNG and thousands have been denied the ability to rebuild their lives in Australia.

Footscray VIC : ASRC, 2023. 29p.

Concurrent Displacements: Return, Waiting for Asylum, and Internal Displacement in Northern Mexico

By Isabel Gil-Everaert https://orcid.org/0000-0001-6426-2igil@colmex.mx, Claudia Masferrer, and Oscar Rodríguez Chávez

This paper explores the ways in which contemporary mobility dynamics in Mexico have changed over the last decade, leading to protracted displacement. It focuses on three populations: (1) the internally displaced due to violence; (2) Mexican nationals returning from the United States, both voluntarily and due to deportation; and (3) populations seeking asylum in Mexico and the United States. These three populations are not usually analyzed together and do not squarely fall under the traditional legal definitions. The paper outlines ways that situations of protracted displacement and insecurity present challenges in four interconnected arenas of life: housing, legal status, employment, and emotional well-being. For governments and local communities, protracted displacement requires immediate humanitarian responses and the development and implementation of public policies focused on integration. The paper concludes with a set of policy recommendations based on its findings.

Journal on Migration and Human SecurityVolume 11, Issue 1, March 2023, Pages 125-148

Shelter from the Storm: Better Options for New York City’s Asylum-Seeker Crisis

By John Ketchamand Daniel Di Martino   
SSince the summer of 2022, more than 70,000 asylum seekers have arrived in New York City, stretching public resources to their limit. The massive influx has been particularly challenging given the city’s “right to shelter,” the result of a 1979 lawsuit, Callahan v. Carey, and corresponding consent decree, which required the city to provide immediate shelter to those who request it, regardless of the number of applicants or the availability of resources. In order to comply with this requirement, the city has housed some 40,000 migrants in shelters—which has led to an approximately 70% spike in the shelter population in a single year. NYC is currently supporting more than 170 emergency shelters and 10 additional large-scale humanitarian relief centers.

Shelters and relief centers simply cannot house all the newly arrived migrants, which has forced the city to procure approximately 4,500 hotel rooms in unionized facilities,[1] often through expensive contracts that provide bonanzas to owners and the city’s hotel-worker unions. Most notably, on May 13, Mayor Eric Adams announced that the historic 1,025-room Roosevelt Hotel, located in the heart of Midtown East, would become New York City’s central migrant intake center,[2] at a reported cost of $225 million.[3] In addition to hosting hundreds of families and individuals on-site, the location will process all arriving asylum seekers and provide them with a range of city services, including government-issued ID cards, public-school and health-insurance enrollment, mental-health counseling, and more.

New York: Manhattan Institute, 2023. 19p.

US Counterterrorism and the Human Rights of Foreigners Abroad: Putting the Gloves Back On?

Edited by Monika Heupel, Caiden Heaphy, and Janina Heaphy

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.

London; New York: Routledge, 2022. 252p.

The "Wall" Before the Wall: Mexico's Crackdown on Migration at its Southern Border

By Maureen Meyer and Adam Isaacson

In particular, we analyze how the National Guard deployment has driven migrants to travel through more remote areas where they are more likely to fall prey to criminal groups, and how smugglers are adapting to this new shift. The report further examines how this crackdown has overwhelmed migrant detention centers, heightened concerns of inadequate screening of potential asylum seekers, and resulted in a rapid increase in asylum requests in Mexico. Finally, the report examines how U.S. assistance has supported Mexico’s migration enforcement and border security efforts along its southern border. The report’s final section provides recommendations on how the Mexican government can work to ensure the safety and well-being of migrants, asylum seekers, and refugees, and root out any corruption and abuse linked to security forces and migration agents who interact with these vulnerable populations. It also provides recommendations on how the U.S. government can support these efforts, while upholding its own national and international commitments to asylum seekers.   

Washington, DC: Washington Office on Latin America, 2019. 56p.

American Immigration Council

Asylum in the United states

  Each year, thousands of people arriving at our border or already in the United States apply for asylum, a form of protection from persecution. Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. Those granted asylum can apply to live in the United States permanently and gain a path to citizenship and can also apply for their spouse and children to join them in the United States. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process  

Washington, DC: American Immigration Council, 2022. 14p.

Queer Migration and Asylum in Europe

Edited by Richard C.M. Mole

Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

London: UCL Press, 2021. 279p.

Geographies of Asylum in Europe and the Role of European Localities

Edited by Birgit Glorius • Jeroen Doomernik  

This open access book describes how the numerous arrivals of asylum seekers since 2015 shaped reception and integration processes in Europe. It addresses the structuration of asylum and reception systems, and spaces and places of reception on European, national, regional and local level. It also analyses perceptions and discourses on asylum and refugees, their evolvement and the consequences for policy development. Furthermore, it examines practices and policy developments in the field of refugee reception and integration. The volume shows and explains a variety of refugee reception and integration strategies and practices as specific outcome of multilevel governance processes in Europe. By addressing and contextualizing those multiple experiences of asylum seeker reception, the book is a valuable contribution to the literature on migration and integration, societal development and political culture in Europe.

Cham, SWIT: IMISCOE/Springer Open, 2020. 268p.

Trafficking in Persons Report. June 2008

Forward by Condoleezza Rice

The Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This Report is the eighth annual TIP Report. It is intended to raise global awareness, to highlight efforts of the international community, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons. The U.S. law that guides anti-human trafficking efforts, the Trafficking Victims Protection Act of 2000, as amended (TVPA), states that the purpose of combating human trafficking is to punish traffickers, to protect victims, and to prevent trafficking from occurring. Freeing those trapped in slave-like conditions is the ultimate goal of this Report—and of the U.S. government’s anti- human trafficking policy. Human trafficking is a multi-dimensional threat. It deprives people of their human rights and freedoms, it increases global health risks, and it fuels the growth of organized crime.

U.S. Department Of State Publication 11407 Office Of The Under Secretary For Democracy And Global Affairs And Bureau Of Public Affairs. Revised June 2008. 295p.

No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detention

By Kathleen O’Connor, Claire Thomas-Duckwitz, and  Guillermina Gina Nuñez-Mchiri  

The 1951 Refugee Convention of the United Nations High Commission on Refugees (UNHCR) defines a refugee as someone who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country." Further, the UNHCR is particularly concerned with refugees in Latin America and the Caribbean and uses the term refugee to describe persons fleeing from violence in Central America (U.N. High Commission for Refugees 2014). Thus, in this document, we refer to immigrants detained in the South Texas Family Residential Center in Dilley, Texas (“Dilley”), as refugees because they have been persecuted by virtue of their membership in a social group, are outside their country of origin, are fleeing extreme violence, and fear returning to their countries of origin, which provided no protection from violence and persecution. Throughout the report, refugees who agreed to speak with the team and to an assessment of mental health outcomes are also referred to as study participants, participants, or respondents. During fieldwork from July 22 to July 24, 2015, a team of mental and behavioral health specialists collected the following data at Dilley, at the Greyhound Bus Station in San Antonio, and at the Hospitality House, a shelter in San Antonio where refugees are housed temporarily en route to resettlement areas throughout the United States  

 Cambridge, MA: Unitarian Universalist Service Committee (UUSC), 2015. 82p.

"All I Want Is To Be Free": Situation Report and Recommendations to Protect the Human Rights of Stateless People in U.S. Immigration Detention and Supervision

By The Global Human Rights Clinic (GHRC) of the University of Chicago Law School and  United Stateless (USL) 

  Statelessness — the condition of lacking citizenship or nationality in any country of the world — affects more than 10 million people globally. In the United States, conservative estimates put the number of stateless persons at over 200,000. Given that the U.S. provides citizenship to people born on the territory, nearly all stateless persons within the U.S. were born elsewhere. However, the U.S. immigration framework is silent with respect to statelessness, in effect leaving stateless people unrecognized, unprotected and invisible before the law. As persons relegated to a life without legal status, stateless people in the United States are subject to being detained by immigration officials. Because they do not have a country of nationality where they can be deported to, stateless detainees have remained in immigration detention for months or years without any prospect of release, in violation of the U.S. Constitution and international human rights law. In some cases, after undergoing prolonged detention, stateless detainees have been forcibly deported to “third countries” (countries where they are not citizens), thereby perpetuating their condition of legal limbo and further depriving them of protection as required by international law. This report by the Global Human Rights Clinic (GHRC) of the University of Chicago Law School, in partnership with the non-profit organization United Stateless (USL), documents how the U.S. government violates international law by subjecting stateless persons to prolonged, repeated and arbitrary detention. Drawing from interviews with impacted stateless individuals and experts on statelessness, the report sets out specific recommendations for the U.S. government to bring its laws and policies in compliance with international human rights law.  

Chicago: The Global Human Rights Clinic (GHRC) of the University of Chicago Law School,    2022. 88p.

Immigration and Asylum: From 1900 to the Present

Edited by Matthew J Gibney and Randall Hansen

Immigration and Asylum: From 1900 to the Present is an introduction to the key concepts, terms, personalities, and real-world issues associated with the surge of immigration from the beginning of the 20th century to the present. It focuses on the United States, but is also the first encyclopedic work on the subject that reflects a truly global perspective. With contributions from the world's foremost authorities on the subject, Immigration and Asylum offers nearly 200 entries organized around four themes: immigration and asylum; the major migrating groups around the world; expulsions and other forced population movements; and the politics of migration. In addition to basic entries, the work includes in-depth essays on important trends, events, and current conditions.

Santa Barbara, CA:: ABC-CLIO Press, 2005. 3vols. (1095p.)

Border Wars and Asylum Crimes By

By Frances Webber

The criminalisation of asylum claimants who arrive with no documentation is the latest salvo in a ‘war on asylum’ which employs every possible method to keep the world’s unwanted masses, the displaced, the desperate and the destitute, away from the shores of Europe – from legal obstacles such as the common visa list,4 imposing impossible visa requirements on nationals of all refugee-producing countries, to British immigration officers stopping Roma passengers boarding aircraft at Prague airport,5 gunboats and military aircraft patrolling the Mediterranean and the coast of west Africa,6 landmines on the Greek border with Turkey7 and the shooting of people attempting to scale the barbed wire fences surrounding the Spanish enclaves of Ceuta and Melilla in Morocco.8 Anything goes, so long as the goal of keeping out poor asylum seekers and migrants is achieved.

London: Statewatch, 2006. 37p.

African Asylum at a Crossroads

Edited by Iris Berger, Tricia Hepner, Benjamin Lawrence, Joanna Tague, and Meredith Terretta.

Activism, Expert Testimony, and Refugee Rights. This book examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte WalkerSaid.

Athens, OH: Ohio University Press, 2015. 287p.

Asylum Matters: On the Front Line of Administrative.Decision-Making

By Laura Affolter.

This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination.

Springer Nature, 2021. 213p.

Precarious Lives

By Hannah Lewis, Peter Dwyer, Stuart Hodkinson and Louise Waite

Forced labour, exploitation and asylum. “Based on international law, forced labour involves a situation in which a person is forced to work or provide a service under the ‘menace of any penalty’ and for which they have not offered themselves ‘voluntarily’ (ILO, 1930, Article 2). Forced labour cases are deemed to be distinguishable from more generalised forms of labour exploitation by the existence of various forms of coercion by one or more persons on the worker who at the same time lacks a ‘real and acceptable alternative’ to the abuse involved (ILO, 2005, p 21). As this book will demonstrate, while forced labour is often conflated or confused with human trafficking…..”

Policy Press (2019) 234p.

Asylum Matters

By Laura Affolter.

On the Front Line of Administrative Decision-Making.. The book explores the conditions of possibility that shape asylum decisions, taking us well beyond arguments about the apparently arbitrary nature of much asylum decision making, to show how such work is structured and made possible through routines, tacit forms of knowledge and shared meanings. In doing so, the book demonstrates that the distinction between rules on the one hand, and discretion on the other hand, is misplaced, as all decisions and judgements are made possible and constrained by wider histories and relationships”. —Prof. Tobias Kelly.

Palgrave Socio-Legal Studies (2021) 123p.

Protest Movements in Asylum and Deportation

Edited by Sieglinde Rosenberger,, Verena Stern and Nina Merhaut

European societies have been confronted with rapid social and cultural transformation, which took on a new magnitude with the “long summer of migration” in 2015. In general, the perceptions and experiences of change never go uncontested; change gives rise to conflicts and struggles over collective identities, policy, and legal responses. International migration flows and related issues such as asylum and the deportation of non-citizens have grown into one of Europe’s most controversial and politicized topics. Political parties campaign on these issues, but there is also political protest articulated by movements, activists, grassroots organizations and ordinary citizens. These acts of resistance are gaining in qualitative and quantitative importance. They include voices for more liberal and open stances towards migration on the one hand, and voices calling for greater deterrents and coercive policy approaches on the other.

Cham: Springer, 2018, 294p.