Citizenship and nationality law Books

Book SynopsisAs a nation ofimmigrants, the United States has long accepted that citizens who identify withan ancestral homeland may hold dual loyalties; yet Americans have at timesregarded the persistence of foreign ties with suspicion, seeing them as a sign ofpotential disloyalty and a threat to national security. Diaspora Lobbies and the US Government bringstogether a group of distinguished scholars of international politics andinternational migration to examine this contradiction in the realm of Americanpolicy making, ultimately concluding that the relationship between diasporagroups and the government can greatly affect foreign policy. This relationshipis not unidirectionalas much as immigrants make an effort to shape foreignpolicy, government legislators and administrators also seek to enlist them infurthering American interests.From Israel to Cuba and from Ireland to Iraq, the casestudies in this voluTrade ReviewThe array of case studies on Diaspora groups in the US in this edited volume provides not only critical insights into the evolution and status of those groups, but also offers astute analyses of their diverse and complex relationships with the US government as they seek to influence policy toward the homeland. Framed throughout by a well-articulated & divergence/convergence analytical approach, this volume facilitates comparative analysis and is a must-read for anyone engaged with issues related to Diaspora populations and transnational migration. -- Robert E. Maguire,author of Haiti Held HostageThese thoughtful essays carefully focus on the constraints diaspora groups face as they engage in foreign policy in their host and home countries.The book's emphasis on the how US state actors interact with diasporic groups underscores why such groups are less threatening to US interests than is often assumed. -- Rodolfo de la Garza,author of Latinos and U.S. Foreign Policy: Lobbying for the Homeland?Table of ContentsContents Acknowledgments ix introduc tion 1 Diaspora-Government Relations in Forging US Foreign Policies 3 Josh DeWind and Renata Segura dia spor a s 2 The Effects of Diasporas' Nature, Types, and Goals on Hostland Foreign Policies 31 Gabriel Sheffer compe ting convergent or divergent intere s t s? 3 Between JDate and J Street: US Foreign Policy and the Liberal Jewish Dilemma in America 61 Yossi Shain and Neil Rogachevsky 4 Palestinians, Diasporas, and US Foreign Policy 76 Mohammed A. Bamyeh when dia spor a intere s t s shape foreign pol ic y 5 America's Role in the Northern Ireland Peace Process 97 Joseph E. Thompson 6 Cuban Americans and US Cuba Policy 132 Lisandro Perez viii Contents when government interests shape foreign policy 7 Diaspora Lobbying and Ethiopian Politics 163 Terrence Lyons 8 The Haitian Diaspora: Building Bridges after Catastrophe 185 Daniel P. Erikson diaspora-government convergence in policy making 9 The Iraqi Diaspora and the US Invasion of Iraq 211 Walt Vanderbush historical perspective 10 Convergence and Divergence Yesterday and Today in Diaspora-National Government Relations 239 Tony Smith Contributors 269 Index 273

Read more less

Book SynopsisTrade ReviewDeft storytelling, seasoned legal and anthropological understanding, and an unflinching moral compass—these are some of the attributes that make Susan Terrio’s probing study of Central American women’s forced migration to the United States such a valuable addition to the literature on this searing, contemporary issue. -- Jacqueline Bhabha, author of Can We Solve the Migration Crisis?Clear, vivid, and emotionally impactful. . . . The stories featured are diverse, usefully selected, and revealing. The quality of fieldwork is clear; this sort of intimacy represents a real accomplishment in ethnography. -- Josiah Heyman, The University of Texas at El PasoTerrio does a beautiful job of articulating the experiences of the undocumented Central American women whose stories are woven throughout the book. . . . Playing with the metaphor of the mouth of the shark, she leads us through their experiences as they run from the shark, are swallowed and spit out by the shark, and escape with devastating bruises. . . . Though they escape physically from the shark that is the violence in Central America, it follows them through their complicated, difficult transnational relationships with family members. Their stories, and Terrio’s narratives, depict intergenerational histories of abuse and agency, of harm and decision making within the limited bounds available to these women and their children. -- Marjorie Zatz, University of California, Merced

Read more less

Book SynopsisFeatures the stories of undocumented mothers who reunite with their children in the US years after fleeing violence at homeFacing escalating chaos and violence in their home countries, many Central American mothers have found that a desperate flight to the north was their only choice. Many left their children behind in order to spare them the hardships of the journey. If they made it across the border without getting locked up or deported, they entered a country increasingly unwilling to recognize claims of asylum. This book features the stories of women who crossed the border without encountering immigration authorities, in some cases several times, and settled in the greater Washington, DC, area, living in the shadows for years. By centering on the voices of the women themselves, it offers an intimate look at what drove them from home and the challenges they face in reuniting years later with their children. Forced Out traces the women's evolving attitudes toward the violence embTrade ReviewDeft storytelling, seasoned legal and anthropological understanding, and an unflinching moral compass—these are some of the attributes that make Susan Terrio’s probing study of Central American women’s forced migration to the United States such a valuable addition to the literature on this searing, contemporary issue. -- Jacqueline Bhabha, author of Can We Solve the Migration Crisis?Clear, vivid, and emotionally impactful. . . . The stories featured are diverse, usefully selected, and revealing. The quality of fieldwork is clear; this sort of intimacy represents a real accomplishment in ethnography. -- Josiah Heyman, The University of Texas at El PasoTerrio does a beautiful job of articulating the experiences of the undocumented Central American women whose stories are woven throughout the book. . . . Playing with the metaphor of the mouth of the shark, she leads us through their experiences as they run from the shark, are swallowed and spit out by the shark, and escape with devastating bruises. . . . Though they escape physically from the shark that is the violence in Central America, it follows them through their complicated, difficult transnational relationships with family members. Their stories, and Terrio’s narratives, depict intergenerational histories of abuse and agency, of harm and decision making within the limited bounds available to these women and their children. -- Marjorie Zatz, University of California, Merced

Read more less

Book SynopsisMarginal workers are frequently lacking in protection.Trade ReviewAt a moment of growing unrest around work relations, this book is a breath of fresh air. Garcia offers an analysis of the possibilities and challenges of work law reform that is rich and nuanced. The book succeeds in bringing together principles of workers rights with the realities of todays economy. Garcia masterfully weaves together vivid stories about workplace settings with thought-provoking ideas about legal boundaries, policy and law reform. Garcia is simultaneously practical and a visionary. Garcia is an experienced and engaged scholar and advocate and Marginal Workers holds the promise of revitalizing political and academic discussions across multiple disciplinary fields. Marginal Workers will be of immense value to anyone interested in the future of employment and labor law. The book will serve thinkers, activists and reformers for many years to come. -- Orly LobelRuben Garcias Marginal Workers moves the bar on workers rights advocacy. This important, synthesizing work should reach legal, policy, and activist communities throughout the United States. Garcia illuminates the interstices of a statutory and regulatory system meant to protect employees, but which leaves millions of low-wage workers exposed to workplace abuse. He does not rest with analyzing the problem; he offers ideas and proposals for relaunching workers rights from a platform of first principles, not transient policy preferences. -- Lance CompaAdvanced readers will appreciate the survey of alternative strategies....recommended. * CHOICE *Garcia shows convincingly how these apparently disparate groups of workers are all subjected to exclusionary and exploitative employment practices. Particularly valuable is his emphasis on labour rights that go beyond the & core International Labour Organization rights of Freedom of Association and Collective Bargaining towards universal rights that include all workers, regardless of their union or citizenship status. * Work, Employment, and Society *Table of ContentsPreface: The Place of the Law in the Workplace Acknowledgments 1. Introduction: Who Are the Marginal Workers? 2. Framing Workers' Rights: The Legal and Theoretical Underpinnings for the Protection of Marginal Workers3. New Voices at Work: Unionized Workers at the Intersection of Race and Gender4. Across the Borders: How Antidiscrimination Law Fails Noncitizens and Other Marginal Workers5. Labor as Property: Guestworkers at the Margins of Domestic Legal Systems6. A Global Understanding of Worker Protection Notes Index About the Author

Read more less

Book SynopsisWinner, 2016 Distinguished Contribution to Research Book Award, given by the American Sociological Association Latino/a SectionThe intimate stories of 147 deportees that exposes the racialized and gendered dimensions of mass deportations in the U.S.The United States currently is deporting more people than ever before: 4 million people have been deported since 1997 twice as many as all people deported prior to 1996. There is a disturbing pattern in the population deported: 97% of deportees are sent to Latin America or the Caribbean, and 88% are men, many of whom were originally detained through the U.S. criminal justice system. Weaving together hard-hitting critique and moving first-person testimonials, Deported tells the intimate stories of people caught in an immigration law enforcement dragnet that serves the aims of global capitalism.Tanya Golash-Boza uses the stories of 147 of these deportees to explore the racialized and gendered dimensionTrade ReviewSociologist Golash-Boza offers a provocative assessment of mass migration into the US by putting it into a larger arena where laws that restrict free migration create a global apartheid that benefits Global North elites at the expense of the laboring masses in the Global South. * CHOICE *By drawing on the everyday experiences of deportees and connecting them to global capitalism, the neoliberal cycle, and racialized social control, Tanya Golash-Bozas work provides a much needed macro-level analysis of mass deportation. * American Journal of Sociology *Tanya Golash-Boza has written a brilliant book that demonstrates the social suffering and global apartheid produced by neoliberalism, global capitalism and transnational labor markets. This book gives a human face to the problem of mass deportation and reveals the tragic consequences of mass deportation for laborers in the Americas. This book is a major contribution to immigration, social justice and human rights literature. It should be required reading for anyone interested in global capitalism, political economy, human rights and immigration. -- France Winddance Twine,co-editor of Geographies of PrivilegeGolash-Boza has written a timely, provocative, insightful, and important work about mass deportation. It encompasses deeply personaloften quite movingnarratives from the darkest corners of the global deportation machinery, before, during, and after deportation.This book must be read by all who care about the often dreadful effects of deportation on individuals, families, and communitiesand especially by the policy-makers, legislators, and judges who, often uncritically, continue to craft and implement deportation from the United States and around the world. -- Daniel Kanstroom,author of Aftermath: Deportation Law and the New American DiasporaDeported is a novel contribution to sociology and a student-friendly text that effectively serves both scholars of the United States and scholars of global migration. * International Migration Review *This seminal book reveals the range of the deportee experience and should be used in the classroom and by researchers interested in why some move to her countries and what happens when they are forced to leave. * Latino Studies *

Read more less

Book SynopsisWinner, 2020 Best Book Award, Law Category, given by the American Book FestExamines immigration enforcement and discretion during the first eighteen months of the Trump administrationWithin days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) whTrade ReviewThis meticulously argued work succeeds in illuminating with plain language what the immigration system obscures behind jargon and steel bars. * STARRED Library Journal *Now more than ever we need experts such as Professor Shoba Wadhia to make sense of the senseless immigration policies put forth by the Trump administration. Banned combines thoughtful analysis of immigration law and policy with insightful case studies and interviews, culminating in a powerful reminder of the human toll taken on individuals and families caught in the crossfire of prejudice and fear. Banned is a clarion call to reassert humane immigration policy as a core American value. -- Chris Coons, United States SenatorBanned is a significant witness to this unprecedented time in immigration policy. * William Stock, Founding Partner, Klasko Immigration Law Partners, and Past President, American Immigration Lawyers Association *Banned presents a fascinating discussion of the significant immigration policy changes undertaken by the Trump administration, from the Muslim travel ban to asylum and detention issues. Having represented individuals subject to the travel ban, I have personally seen the tragedies caused by an inhumane and discriminatory policy. Shoba Wadhia shines a bright light on the depth of the drastic changes being made to a country founded by and for immigrants. -- Mahsa Khanbabai, Khanbabai Immigration LawBanned is a thoughtful look at the immigration initiatives of the Trump administration. Shoba Wadhia critically examines immigration enforcement and the exercise of discretion in immigration matters by the new administration . . . Banned is a definite “must read” for anyone interested in what perhaps has been one of the most rapid periods of change in immigration enforcement ever. -- Kevin R. Johnson, Dean, School of Law, and Mabie-Apallas Professor of Public Interest Law and Chicanx Studies, University of California, DavisWhen he began separating immigrant children from their parents, what President Trump did not count on was that the resistance would include the sharp eye and careful pen wielded by the erstwhile Shoba Sivaprasad Wadhia, in her splendid work, Banned: Immigration Enforcement in the Time of Trump. Professor Wadhia is the best counterpoint to the President, as she has gathered all the evidence of his political perfidy, and has shown clearly how his attempts to upend international norms have failed to gain traction. -- Michael A Olivas, author of No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented SchoolchildrenShoba Sivaprasad Wadhia is an ideal chronicler of how the architecture of immigration law has dramatically changed under the Trump Administration. After the Muslim ban was announced, Wadhia became an indispensable part of the network of lawyers and activists who mobilized in response. In Banned, Wadhia uses accessible language and a community-centered approach to explain the impact of the Muslim ban, family separation, temporary protected status, and other immigration policies on the daily lives of people. Banned is a vital resource for activists, organizers, lawyers, and practitioners seeking to better understand the current political moment. -- Deepa Iyer, Author of We Too Sing America; South Asian, Arab, Muslim and Sikh Immigrants Shape Our Multiracial FutureFrom separating families to banning Muslims to countless other cruelties, President Trump has claimed an almost limitless power to banish immigrants and refugees from our land. The nation’s leading expert on immigration enforcement eloquently exposes the illegality of these policies and their devastating impact on immigrant and refugee families. * Stephen H. Legomsky, John S. Lehmann University Professor Emeritus, Washington University in St Louis School of Law, and former Chief Counsel, US Citizenship & Immigration Services *Very accessibly written, the book will be a great resource for those with little concrete knowledge of immigration issues in the Trump era. Minimal use of jargon makes the book valuable to a very wide audience, including readers across the entire spectrum of higher education. * Choice *Shoba Wadhia provides a great deal of food for thought for readers. * Criminal Law and Criminal Justice Book Reviews *Banned ... [provides] valuable insight into the many layers of discretion that impact persons crossing borders, beginning with the first encounter that migrants have with border officials, and extending all the way to the highest levels of an administration that has sought to implement far-reaching changes in policy without regard for longstanding rules against arbitrary and capricious behavior. * International Journal of Refugee Law *Banned is an excellent book for a general audience reader hoping to gain a quick understanding of immigration changes under Trump, as well as for a reader more familiar with immigration law who will appreciate seeing the major currents organized and described so deftly in a short space. * International Migration Review *This book should not only resonate with migration scholars, lawyers, and policymakers, but also with a broader public audience who feel anxious and emboldened in these exponentially terrifying times. * Border Criminologies *

Read more less

Book SynopsisSince 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with green cards, have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsela life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are sentenced home to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about Trade ReviewThe New Deportation Deliriumis a timely and informative book, and American citizens and policymakers would be well served to acquaint themselves with its message. * Anthropology Review Database *By analyzing the critical ambiguities in current deportation law, the plight of & mixed-status families, the pressures facing immigration judges, and many other problems, this book makes a substantial contribution. * Choice *Ideal for undergraduate and graduate students new to the study of migration and enforcement,The New Deportation Deliriumtraces the historical development of deportation since 1996 and details the intended and unintended consequences of these policies across time, space, and generations. It offers a rich and nuanced survey of some of the principle arguments across disciplines, while offering new ways to view and understand research and practice for those more seasoned in the debates on detention and deportation. * PsycCRITIQUES *A truly interdisciplinary work which provides the reader with a unique perspective on deportation and its impact on communities both in the United States and receiving countries. I would recommend this book to undergraduate, graduate students and policy makers with a serious interest in studying this subject. -- Richard A. Boswell,Professor of Law & Associate Dean for Global Programs, U.C. Hastings College of the LawIn The New Deportations Delirium, practitioners from an array of disciplines peel away at the varieties of invidious ways in which the policy is enacted and lived in real people's lives. Kanstroom and Lykes have assembled a tour-de-force cast of authors to provide unique and important insights into the U.S. 'deportation delirium.' -- Carola Suárez-Orozco,University of California, Los AngelesThis remarkable volume brings together an unprecedented set of scholars from many disciplines to provide voice to the many millions in the U.S. who face the threat of detention and deportation in their everyday routines. The mix of careful legal analysis, social science research, and examination of the profound effects on families, children and youth in this book provides extraordinarily important guidance for those working with, representing, or studying the unauthorized and their family members in the U.S. -- Hirokazu Yoshikawa,Courtney Sale Ross Professor of Globalization and Education and University Professor, NYUA critical and timely treatment of what has become, both intentionally and inadvertently, a central tenet of contemporary U.S. immigration policy: mass deportation. The co-editors provide effective rationale for the need to question the efficacy as well as ethics of deportation, an especially harsh approach that undermines health, education, and basic human rights for millions of people. -- James Loucky,Western Washington University

Read more less

Book SynopsisThe first book to comprehensivelydescribe the history, theory, and application of prosecutorial discretion inimmigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted nonpriority status pursuant to INS's (now DHS's) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the truly dangerous in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency's prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration's Deferred Action for Childhood ArrivalsTrade ReviewThis timely review of immigration prosecutorial discretion will be very valuable to those interested in immigration law. Wadhia gives a detailed description of the different forms such discretion can take, with a particular emphasis on deferred action, including President Obamas Deferred Action for Childhood Arrivals (DACA).The book is an essential resource for researchers wishing to study deferred action prior to and immediately after the introduction of DACA. Summing Up: Highly recommended. * Choice *The book examines how prosecutorial discretion interacts with the resource constraints of government agencies alongside immigrants humanitarian circumstances. It expands understandings of how 'deferred action,' a significant form of prosecutorial discretions, is employed by non-citizens as a protective tool from deportation. * International Migration Review *Beyond Deportation is a compelling and thoughtful account of the history of the use of prosecutorial discretion in US immigration law and policy, and how that history continues to shape todays immigration programs. -- Margaret D. Stock,author of Immigration Law and the MilitaryIn Beyond Deportation, Wadhia has managed to combine meticulous research, scholarly rigor, easy readability, and an intense human compassion in highlighting one of the most volatile issues of our time. With amazing ease, she takes on immigration, the rule of law, and the role of executive branch discretion in tempering our harsh deportation laws with humanitarian restraint and a common sense stewardship of our limited enforcement resources. For immigrants and their families, and for all who care about law and justice, this is a powerful and compelling story, eloquently told. -- Stephen Legomsky,John S. Lehmann University Professor, Washington University in St. LouisWhen there are more than 11 million people eligible for deportation, something is seriously wrong with our immigration system and our enforcement system, but Congress has so far refused to legislate and advance immigration reform. This inaction forces enforcement agencies to prioritize and make choices about who they will deport first and whose deportation they will defer so that we can focus on removing those who pose a risk to our public safety. This book makes an important contribution to our understanding of this basic truth in American law and immigration policy. The fact that this issue is at the center of the debate over immigration reform right now because the House of Representatives refuses to reform the current system, makes this work timely and incredibly helpful for scholars, students, policymakers, and leaders. -- Luis V. Gutiérrez,U.S. House of RepresentativesWithBeyond Deportation, Wadhia has simultaneously created a short, accessible, and comprehensive primer on prosecutorial discretion in immigration while raising profound questions on the usage and evolution of this tool into one that is more transparent, humanitarian, and just. * Border Criminologies *"The definitive word on the all-important tool of prosecutorial discretion in immigration enforcement. Wadhia traces the fascinating history of the exercise of such discretion under U.S. immigration law, which includes careful study of the famous case of John Lennon and Yoko Ono through to the use of such discretion in President Obama's Deferred Action for Childhood Arrivals program. Rather than simply describing the history, Beyond Deportationoffers concrete recommendations about prosecutorial discretion in immigration enforcement, including greater transparency in decisionmaking and rules that limit government attorneys in the exercise of discretion. Wadhia has written an important analysis of the most significant positive immigration development of the Obama administration. -- Kevin R. Johnson,University of California, DavisTable of ContentsContents Foreword ix Leon Wildes Acknowledgments xiii Introduction 1 1. Primer: Understanding How Prosecutorial Discretion Functions in the Immigration System 7 2. The Early Years: The Deportation Case of John Lennon and Evolution of Immigration Prosecutorial Discretion 14 3. Lessons from Criminal Law: How Immigration Prosecutorial Discretion Compares to the Criminal System 33 4. Deferred Action: Examining the Jewel (or a Precious Form) of Prosecutorial Discretion 54 5. Presidential Portrait: Prosecutorial Discretion during the Obama Administration 88 6. Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions 109 7. Open Government: Transparency in Prosecutorial Discretion and Why It Matters 134 8. Reform: Improving Prosecutorial Discretion in the Immigration System 146 Abbreviations 157 Authorities 161 Notes 169 Index 223 About the Author 233

Read more less

Book SynopsisReveals America's long history of making both naturalized immigrants and native-born citizens un-American after stripping away their citizenship Expatriation, or the stripping away citizenship and all the rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantánamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he Trade ReviewAn original fascinating and insightful interpretation of a neglected dimension of American political culture: the power to revoke citizenship. Herzogs book is an important exploration of the deeper meaning of political and national culture as it affects and is affected by legal arrangements. -- Pnina Lahav,Boston UniversityIn this pioneering study, Ben Herzog shows that in order to understand the continually-contested status of citizenship, we must understand how citizenship is lost. Challenging the popular notion that only totalitarian regimes take away citizenship, his book throws much needed light on the long history of revocation in the United States, the postwar judicial revolution that minimized the practice, and new challenges in the twenty-first century to that revolutions achievements. By deftly placing contemporary controversies about terrorism and the right to have rights into this broader historical and social context, Revoking Citizenship provides a timely yet sure to be lasting contribution to scholarship. For anyone concerned with the problems of citizenship, it is essential reading. -- Chad Alan Goldberg,University of Wisconsin-MadisonScholarship on citizenship has awakened to the potential power that lies in laws of expatriation. Ben Herzogs political, philosophical, and jurisprudential history of expatriation practices reaches back further in U.S. history than other such studies and sheds much needed light on the contemporary relevance of this important facet of U.S. citizenship. -- Elizabeth F. Cohen,Syracuse UniversityThatRevoking Citizenshipnot only provokesquestions but also simultaneously provides the groundwork necessary for further inquiry into these issues illustrates why the book is likely to become a staple in the canon of historical and legal scholarship on citizenship. * The Journal of American History *For Herzog, expatriation policy and practices are windows to American understanding of citizenship. * Choice *Table of ContentsContents List of Tables and Figures ix Foreword xi Acknowledgments xv Introduction 1 1 Revoking Citizenship 9 2 National Beginnings-American versus British Citizenship 27 3 Legislative Initiatives 37 4 International Relations 56 5 Consular Dilemmas 70 6 Supreme Court Rulings 78 7 The Board of Appellate Review 90 8 The War on Terror 110 9 Dual Citizenship and the Revocation of Citizenship 122 Conclusion 137 Notes 141 Bibliography 161 Index 177 About the Author 187

Read more less

Book SynopsisWhether motivated by humanitarianism or concern over "porous" borders, dominant commentary on migration in Europe has consistently focused on clandestine border crossings. Much less, however, is known about the everyday workings of immigration law inside borders. Drawing on in-depth ethnographic fieldwork in Italy, one of Europe's biggest receiving countries, Rules, Paper, Status moves away from polarized depictions to reveal how migration processes actually play out on the ground. Anna Tuckett highlights the complex processes of inclusion and exclusion produced through encounters with immigration law. The statuses of "legal" or "illegal," which media and political accounts use as synonyms for "good" and "bad," "worthy" and "unworthy," are not created by practices of border-crossing, but rather through legal and bureaucratic processes within borders devised by governing states. Taking migrants' interactions with immigration regimes as its starting point, this book sheds light on the productive nature of legal and bureaucratic encounters and the unintended consequences they produce. Rules, Paper, Status argues that successfully navigating Italian immigration bureaucracy, which is situated in an immigration regime that is both exclusionary and flexible, requires and induces culturally specific modes of behavior. Exclusionary laws, however, can transform this social and cultural learning into the very thing that endangers migrants' right to live in the country. Trade Review"This compelling book transports the reader into the maze of immigration law enforcement in Italy. A must-read for immigration scholars and anyone interested in the day-to-day workings of street-level bureaucrats and the myriad ways they make law and in the process, transform immigrants into 'cultural citizens.'" -- Kitty Calavita * University of California, Irvine *"Anna Tuckett's lively and engaging book sheds new light on the confused relationship between migrants and Italian state bureaucracy, and the gaps between formal law and 'practical stuff.' Rules, Paper, Status makes a vital contribution to our understanding of the bureaucratic and legal anomalies produced by the current 'moral panic' in Europe concerning immigration." -- Anthony Good * University of Edinburgh *"[Tuckett's] findings show that, paradoxically, even while migrants develop cultural skills in navigating bureaucratic norms, these abilities do not challenge the larger exclusionary views and practices of the Italian state and society....Tuckett's clear, concise writing makes this book an excellent gateway to a critical topic treated with analytical rigor....Highly recommended." -- A.H. Fabos * CHOICE *"By focusing on the sinewy and unstable ties between migrants and their legal status, [Tuckett] offers a rich analysis of legal and bureaucratic practices that shape migrants' economic and political opportunities as well as their social and cultural life in Italy.[Rules, Paper Status] provides a crucial contribution to theorizing about citizenship in European countries and the hegemonic discourse of integration."––Veronica Ferrari, Allegra"Rules, Paper, Status is a timely and relevant contribution to understanding the workings of the state beyond discourses of border enforcement....[it] speaks to a broader readership, including academics and state officials, and contributes to contemporary discussions on studying the 'state' at street level." -- Lisa Marie Borelli * Anthropology in Action *"Rules, Papers, Status is a vivid journey into the workaday functioning of the Italian 'documentation regime'[It] poignantly depicts a country that seems unable to come to terms with its migrants." -- Tiziana Caponio * International Migration Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter examines the historical trajectory of Italian immigration law and the political and economic context from which it emerges. In general migrants have not been welcomed into Italian society, but low birth rates and a high aging population make their presence crucial. Italian immigration law, which is a curious mixture between harsh and exclusionary policies and frequent large-scale legalizations, embodies this ambiguous attitude towards migrants. This chapter argues that equal attention must be given to processes relating to "legalization" as to those relating to "illegalization" when considering migrants' experiences of "legal" and "illegal" statuses. While other studies on experiences of immigration law tend to focus on migrants' experiences of uncertainty, this focus on the bureaucratic and documentary practices of immigration provides insights on alternative affective dimensions of immigration law and its material artefacts. 1The Center chapter abstractThis chapter introduces the book's central fieldsite: a trade union affiliated migrant advice center which provides support and assistance to migrants in their completion of application forms, as well as navigation of the immigration bureaucracy more generally. Trade unions have a central function in the Italian welfare state, and the center's role in completing migrants' application forms is closely connected to this. Although affiliated to the trade union, in the eyes of its visitors, and in practice, the center's role is often blurred with that of the Questura (Immigration Office) and the state in general. Because the center acts as a mediator between migrants and the Questura, the assistance which clients received could determine application outcomes. Not all staff members were equally able or interested in migration matters, however, and the quality of assistance they provided was highly variable. 2Working the Gap: Migrants' Navigation of Immigration Bureaucracy chapter abstractThrough gripping case studies, this chapter illustrates how everyday experiences with Italian immigration bureaucracy are characterized by uncertainty, arbitrariness, and frustration. By closely examining migrants' bureaucratic encounters, however, the chapter reveals that the bureaucracy's arbitrary and uncertain nature also makes it flexible and relatively easy to manipulate. By engaging in effective strategies of navigation, migrants are able to manipulate the law's loopholes and aid the acceptance of applications. Tracing migrants' strategies, this chapter argues that "formal" and "informal" spheres are interdependent and symbiotic: migrants, brokers, advisers, and officials all must engage in "informal" and extra-legal practices in order to successfully navigate the immigration bureaucracy. 3The Rules of Rule-Bending chapter abstractThis chapter argues that rule bending is revealing of broader attitudes to the state and bureaucracy in Italy which, through their bureaucratic encounters, migrants also come to hold. Bureaucratic engagements are thus forms of citizen-making. Socially acceptable rule-breaking, however, is accompanied by strict compliance with proceduralism in relation to paperwork. Successfully navigating the immigration bureaucracy requires expertise in the management of documents: paper trails must seem authentic even if false. Yet, given the documented nature of migrants' lives, rule-bending in one application can potentially create problems in others, meaning that even skillful rule-bending can result in high risks for migrants, such as the loss of legal status or foreclosing the attainment of citizenship. There thus exists a mismatch between a migrant's social knowledge – which is required to navigate the bureaucracy – and exclusionary citizenship laws that make this embeddedness precarious. 4Becoming an Immigration Adviser: Self-Fashioning through Bureaucratic Practice chapter abstractThis chapter focuses on the role of community brokers – informal immigration advisers with migrant backgrounds – and shows how they style themselves as bureaucratic experts. Doing so enables these brokers to develop new subjectivities and fashion themselves in affective terms. Becoming advisers enables them a degree of professionalism, helps them gain standing in their community, satisfies charitable impulses, and places them center stage in the fight for social justice. Crucially, the role of a community broker offers possibilities for gaining social status that are generally not otherwise available to migrants in Italy. 5Disjuncture in the Documentation Regime: The Second Generation's Challenge to Citizenship Law chapter abstractReflecting on the second generation's experiences of immigration bureaucracy, this chapter considers the contradictory and divergent affects of immigration law encounters. If dealings with the immigration bureaucracy produce opportunities for first-generation migrants and their advisers, for the second-generation they create upset and disjuncture. This generation is the most vulnerable group in terms of immigration policies as its members may suddenly find themselves as "undocumented immigrants" after turning 18, due to Italy's jus sanguinis nationality policy. Their sense of ease and integration in Italian society make them strangers to the immigration bureaucracy which – due to restrictive immigration and citizenship laws – they are nonetheless subject. The disjuncture made apparent through the second generation's subjection to immigration law highlights the profound injustices and inequalities that such laws create for all migrants. 6Stepping-Stone Destinations: Migration and Disappointment chapter abstractThis chapter explores migrants' feelings of disappointment about their migration trajectory in Italy and their desire to leave the country. The disappointment of those who aspire to migrate but ultimately never leave their homelands has been extensively discussed in migration studies literature. The chapter places the focus on those who have migrated but who still feel as though they have failed due to their lack of onward mobility from Italy. Focusing on the feelings of disappointment and personal failure experienced by those who have already migrated, it highlights the differentiated inclusion of migrants into the global marketplace. The desire to leave Italy, whether imagined or acted upon, shows how the mobility enabled by neoliberal globalization reproduces hierarchies within the EU. By viewing Italy as a mere stepping stone in a longer trajectory, migrants – both those who leave and those who remain – conceptualize the country as an inferior destination. Conclusion: chapter abstractDrawing the preceding chapters together, this conclusion argues that the "border spectacle" (De Genova 2002) produces a lopsided view of migration by obscuring how immigration policies relate to broader political and economic processes of contemporary migration and globalization. Situating migrants' navigation of the documentation regime in relation to these process, the chapter argues that migrants' maneuvering provides them with only meagre benefits, while employers, lawyers, policy makers, and other stakeholders within the immigration nexus reap the rewards. The final section of the conclusion reflects on what policies could improve the current situation in light of the problems identified.

Read more less

Book SynopsisWhether motivated by humanitarianism or concern over "porous" borders, dominant commentary on migration in Europe has consistently focused on clandestine border crossings. Much less, however, is known about the everyday workings of immigration law inside borders. Drawing on in-depth ethnographic fieldwork in Italy, one of Europe's biggest receiving countries, Rules, Paper, Status moves away from polarized depictions to reveal how migration processes actually play out on the ground. Anna Tuckett highlights the complex processes of inclusion and exclusion produced through encounters with immigration law. The statuses of "legal" or "illegal," which media and political accounts use as synonyms for "good" and "bad," "worthy" and "unworthy," are not created by practices of border-crossing, but rather through legal and bureaucratic processes within borders devised by governing states. Taking migrants' interactions with immigration regimes as its starting point, this book sheds light on the productive nature of legal and bureaucratic encounters and the unintended consequences they produce. Rules, Paper, Status argues that successfully navigating Italian immigration bureaucracy, which is situated in an immigration regime that is both exclusionary and flexible, requires and induces culturally specific modes of behavior. Exclusionary laws, however, can transform this social and cultural learning into the very thing that endangers migrants' right to live in the country. Trade Review"This compelling book transports the reader into the maze of immigration law enforcement in Italy. A must-read for immigration scholars and anyone interested in the day-to-day workings of street-level bureaucrats and the myriad ways they make law and in the process, transform immigrants into 'cultural citizens.'" -- Kitty Calavita * University of California, Irvine *"Anna Tuckett's lively and engaging book sheds new light on the confused relationship between migrants and Italian state bureaucracy, and the gaps between formal law and 'practical stuff.' Rules, Paper, Status makes a vital contribution to our understanding of the bureaucratic and legal anomalies produced by the current 'moral panic' in Europe concerning immigration." -- Anthony Good * University of Edinburgh *"[Tuckett's] findings show that, paradoxically, even while migrants develop cultural skills in navigating bureaucratic norms, these abilities do not challenge the larger exclusionary views and practices of the Italian state and society....Tuckett's clear, concise writing makes this book an excellent gateway to a critical topic treated with analytical rigor....Highly recommended." -- A.H. Fabos * CHOICE *"By focusing on the sinewy and unstable ties between migrants and their legal status, [Tuckett] offers a rich analysis of legal and bureaucratic practices that shape migrants' economic and political opportunities as well as their social and cultural life in Italy.[Rules, Paper Status] provides a crucial contribution to theorizing about citizenship in European countries and the hegemonic discourse of integration."––Veronica Ferrari, Allegra"Rules, Paper, Status is a timely and relevant contribution to understanding the workings of the state beyond discourses of border enforcement....[it] speaks to a broader readership, including academics and state officials, and contributes to contemporary discussions on studying the 'state' at street level." -- Lisa Marie Borelli * Anthropology in Action *"Rules, Papers, Status is a vivid journey into the workaday functioning of the Italian 'documentation regime'[It] poignantly depicts a country that seems unable to come to terms with its migrants." -- Tiziana Caponio * International Migration Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter examines the historical trajectory of Italian immigration law and the political and economic context from which it emerges. In general migrants have not been welcomed into Italian society, but low birth rates and a high aging population make their presence crucial. Italian immigration law, which is a curious mixture between harsh and exclusionary policies and frequent large-scale legalizations, embodies this ambiguous attitude towards migrants. This chapter argues that equal attention must be given to processes relating to "legalization" as to those relating to "illegalization" when considering migrants' experiences of "legal" and "illegal" statuses. While other studies on experiences of immigration law tend to focus on migrants' experiences of uncertainty, this focus on the bureaucratic and documentary practices of immigration provides insights on alternative affective dimensions of immigration law and its material artefacts. 1The Center chapter abstractThis chapter introduces the book's central fieldsite: a trade union affiliated migrant advice center which provides support and assistance to migrants in their completion of application forms, as well as navigation of the immigration bureaucracy more generally. Trade unions have a central function in the Italian welfare state, and the center's role in completing migrants' application forms is closely connected to this. Although affiliated to the trade union, in the eyes of its visitors, and in practice, the center's role is often blurred with that of the Questura (Immigration Office) and the state in general. Because the center acts as a mediator between migrants and the Questura, the assistance which clients received could determine application outcomes. Not all staff members were equally able or interested in migration matters, however, and the quality of assistance they provided was highly variable. 2Working the Gap: Migrants' Navigation of Immigration Bureaucracy chapter abstractThrough gripping case studies, this chapter illustrates how everyday experiences with Italian immigration bureaucracy are characterized by uncertainty, arbitrariness, and frustration. By closely examining migrants' bureaucratic encounters, however, the chapter reveals that the bureaucracy's arbitrary and uncertain nature also makes it flexible and relatively easy to manipulate. By engaging in effective strategies of navigation, migrants are able to manipulate the law's loopholes and aid the acceptance of applications. Tracing migrants' strategies, this chapter argues that "formal" and "informal" spheres are interdependent and symbiotic: migrants, brokers, advisers, and officials all must engage in "informal" and extra-legal practices in order to successfully navigate the immigration bureaucracy. 3The Rules of Rule-Bending chapter abstractThis chapter argues that rule bending is revealing of broader attitudes to the state and bureaucracy in Italy which, through their bureaucratic encounters, migrants also come to hold. Bureaucratic engagements are thus forms of citizen-making. Socially acceptable rule-breaking, however, is accompanied by strict compliance with proceduralism in relation to paperwork. Successfully navigating the immigration bureaucracy requires expertise in the management of documents: paper trails must seem authentic even if false. Yet, given the documented nature of migrants' lives, rule-bending in one application can potentially create problems in others, meaning that even skillful rule-bending can result in high risks for migrants, such as the loss of legal status or foreclosing the attainment of citizenship. There thus exists a mismatch between a migrant's social knowledge – which is required to navigate the bureaucracy – and exclusionary citizenship laws that make this embeddedness precarious. 4Becoming an Immigration Adviser: Self-Fashioning through Bureaucratic Practice chapter abstractThis chapter focuses on the role of community brokers – informal immigration advisers with migrant backgrounds – and shows how they style themselves as bureaucratic experts. Doing so enables these brokers to develop new subjectivities and fashion themselves in affective terms. Becoming advisers enables them a degree of professionalism, helps them gain standing in their community, satisfies charitable impulses, and places them center stage in the fight for social justice. Crucially, the role of a community broker offers possibilities for gaining social status that are generally not otherwise available to migrants in Italy. 5Disjuncture in the Documentation Regime: The Second Generation's Challenge to Citizenship Law chapter abstractReflecting on the second generation's experiences of immigration bureaucracy, this chapter considers the contradictory and divergent affects of immigration law encounters. If dealings with the immigration bureaucracy produce opportunities for first-generation migrants and their advisers, for the second-generation they create upset and disjuncture. This generation is the most vulnerable group in terms of immigration policies as its members may suddenly find themselves as "undocumented immigrants" after turning 18, due to Italy's jus sanguinis nationality policy. Their sense of ease and integration in Italian society make them strangers to the immigration bureaucracy which – due to restrictive immigration and citizenship laws – they are nonetheless subject. The disjuncture made apparent through the second generation's subjection to immigration law highlights the profound injustices and inequalities that such laws create for all migrants. 6Stepping-Stone Destinations: Migration and Disappointment chapter abstractThis chapter explores migrants' feelings of disappointment about their migration trajectory in Italy and their desire to leave the country. The disappointment of those who aspire to migrate but ultimately never leave their homelands has been extensively discussed in migration studies literature. The chapter places the focus on those who have migrated but who still feel as though they have failed due to their lack of onward mobility from Italy. Focusing on the feelings of disappointment and personal failure experienced by those who have already migrated, it highlights the differentiated inclusion of migrants into the global marketplace. The desire to leave Italy, whether imagined or acted upon, shows how the mobility enabled by neoliberal globalization reproduces hierarchies within the EU. By viewing Italy as a mere stepping stone in a longer trajectory, migrants – both those who leave and those who remain – conceptualize the country as an inferior destination. Conclusion: chapter abstractDrawing the preceding chapters together, this conclusion argues that the "border spectacle" (De Genova 2002) produces a lopsided view of migration by obscuring how immigration policies relate to broader political and economic processes of contemporary migration and globalization. Situating migrants' navigation of the documentation regime in relation to these process, the chapter argues that migrants' maneuvering provides them with only meagre benefits, while employers, lawyers, policy makers, and other stakeholders within the immigration nexus reap the rewards. The final section of the conclusion reflects on what policies could improve the current situation in light of the problems identified.

Read more less

Book SynopsisPursuing Citizenship in the Enforcement Era provides readers with the everyday perspectives of immigrants on what it is like to try to integrate into American society during a time when immigration policy is focused on enforcement and exclusion. The law says that everyone who is not a citizen is an alien. But the social reality is more complicated. Ming Hsu Chen argues that the citizen/alien binary should instead be reframed as a spectrum of citizenship, a concept that emphasizes continuities between the otherwise distinct experiences of membership and belonging for immigrants seeking to become citizens. To understand citizenship from the perspective of noncitizens, this book utilizes interviews with more than one-hundred immigrants of varying legal statuses about their attempts to integrate economically, socially, politically, and legally during a modern era of intense immigration enforcement. Studying the experiences of green card holders, refugees, military service members, temporary workers, international students, and undocumented immigrants uncovers the common plight that underlies their distinctions: limited legal status breeds a sense of citizenship insecurity for all immigrants that inhibits their full integration into society. Bringing together theories of citizenship with empirical data on integration and analysis of contemporary policy, Chen builds a case that formal citizenship status matters more than ever during times of enforcement and argues for constructing pathways to citizenship that enhance both formal and substantive equality of immigrants.Trade Review"Ming Hsu Chen writes with great intelligence and compassion about the frightening reality of attempting to pursue citizenship in a moment when every interaction with the federal government also involves tremendous risk. She brings to life the struggle of recently arrived immigrants who want to integrate more fully into American society, even as federal policy seeks to exclude as many as possible. The complexities of constantly changing and sometimes even contradictory immigration laws are explained and the true predicaments of well-intentioned immigrants who seek only to follow the law to the best of their understanding are illuminated. Chen does a masterful job."—Helen Thorpe, author of The Newcomers: Finding Refuge, Friendship, and Hope in America"As much critique as corrective vision, Ming Chen's powerful book brings us revelatory conversations with immigrants seeking to become citizens. Their experiences, frustrations, and dreams shine sharp spotlights on the official barriers they face—and on our shared humanity."—Ian F. Haney López, University of California, Berkeley"Pursuing Citizenship in the Enforcement Era offers a nuanced analysis of the complex relationship between the legal status of citizenship and real belonging to U.S. society. Drawing on wide-ranging interviews, Ming Chen shows how overemphasizing immigration enforcement undermines the integration of immigrants and their potential to make society more cohesive. This is trail-blazing scholarship on how immigrants become citizens."—Hiroshi Motomura, UCLA School of Law"Chen makes a compelling case that federal government can and should do more—much more—to integrate its residents by supporting access to citizenship. With a clear-eyed picture of the functional benefits of formal citizenship, this book offers a thoughtful policy roadmap for achieving that goal."—Jennifer Chacón, UCLA School of Law"Chen here demands that we migration scholars stake a deeper claim in the changes that are needed to ensure all of our well-being.Pursuing Citizenshipis an essential read for all of us committed to accepting that challenge."—Shannon Gleeson, Criminal Law and Criminal Justice Books"Pursuing Citizenship in the Enforcement Era provides a powerful account of the struggles that many noncitizens and their families faced during the increased immigration enforcement of the Trump era... Chen offers a strong defense of formal citizenship, particularly in contexts where immigration enforcement is prioritized, because of its impact on one's sense of equality and community membership."—Rose Cuison-Villazor, Michigan Law ReviewTable of Contents1. Pursuing Citizenship in the Enforcement Era 2. Unequal Citizenship: Gaps in Formal and Substantive Citizenship 3. Winding Pathways to Citizenship 4. Barriers to Formal Citizenship 5. Blocked Pathways to Full Citizenship 6. Constructing Pathways to Full Citizenship

Read more less

Book SynopsisThe 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.Trade Review"Legal Phantoms is the rare book that captures both the structural and human costs imposed by America's patchwork approach to immigration. It offers richly faceted analysis of how DACA has operated, its relationship to racist crimmigration regimes, and the tolls of temporariness on recipients. This is urgent reading for anyone who is concerned with immigrant precarity."—Elizabeth Cohen, Boston University"Impressive in focus and scope and meticulously researched, Legal Phantoms renders accessible the mesmerizing complexity of the immigration system that spews temporality into immigrants' lives while humanizing those who are entangled in its web. This superb team of scholars has crafted a lasting, indispensable resource for scholars, policy makers, and anyone who cares about immigrants today."—Cecilia Menjívar, University of California-Los Angeles

Read more less

Book SynopsisA rich, narrative exploration of the ways love defies, survives, thrives, and dies as lovers contend with US immigration policy. For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love, Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.Trade Review"In the public imaginary, marriage is an easy way to immigrate to the United States and one of the surest and quickest pathways to a green card. This is pure fiction. Through a deeply moving portrayal of (un)authorized love stories, López explains why. From poker game-like strategies for family reunification to the visceral experiences of absence and (dis)integration, López combines analytical clarity with ethnographic insight to illustrate the repercussions of the imagined category of individualized citizenship codified into U.S. immigration law. I have yet to read a book that so deftly—and with such grace—captures the intimate costs of the U.S. immigration system on marital relationships. If this does not convince you of the inequality perpetuated by current immigration policies, I am not sure if anything can."—Joanna Dreby, author of Everyday Illegal: When Policies Undermine Immigrant Families"While Americans may believe that love conquers all, this important, beautifully written book shows how our citizenship and immigration laws function to sever married couples, affecting children, extended families, and communities. Grounded in the lives of everyday people, it contributes to our understanding of immigration, gender and the family, and the sociology of law, and points us toward sensible and fair policy changes that could protect these vulnerable families."—Mary C. Waters, Harvard University"This remarkable study of mixed-citizen unions exposes the difficult terrain couples encounter in their attempts to earn the right to love and live together. Theoretically compelling, empirically rich, and cogently reasoned, Unauthorized Love sheds important light on the family-level consequences of reunification success, failure, and uncertainty. Powerful and enlightening."—Roberto G. Gonzales, author of Lives in Limbo"[López's] study presents compelling life stories of love and family that enrich and complicate understandings of immigration from across the US southern border in an accessible narrative. Recommended."—E. Hu-DeHart, CHOICE"Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State, a rich, well-argued, and luminous book by Jane Lilly López, shows how U.S. family reunification policy shapes the intimate and social lives of [mixed-citizenship] married couples. One in 13 U.S. couples must navigate a system in which policy-based definitions of legitimate relationships and deserving individuals menace the process of trying to sponsor a spouse."—Stephen P. Ruszczyk, American Journal of Sociology"The book's primary contributions to the sociological study of mixed-status families is two-fold. First, López illustrates the class dimensions of family reunification.... Second, López shows that although the immigration system ostensibly punishes individuals for individual immigration status violations, the repercussions of these punishments reverberate through an immigrant's family and broader social networks—regardless of citizenship status.... The notion that a whole family becomes unauthorized with the rejection of a noncitizen spouse is a powerful way to elucidate the shortcomings of citizenship as an individual status."—Jennifer Cook, Contemporary SociologyTable of ContentsIntroduction 1. The Same, but Different 2. The Right Kind of Love(r) 3. Navigating the High Stakes of US Family Reunification Law 4. (Dis)Integrated Families, (Dis)Integrated Lives 5. Institutional (In)Visibility 6. Parenthetical Belonging Conclusion

Read more less

Book SynopsisA rich, narrative exploration of the ways love defies, survives, thrives, and dies as lovers contend with US immigration policy. For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love, Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.Trade Review"In the public imaginary, marriage is an easy way to immigrate to the United States and one of the surest and quickest pathways to a green card. This is pure fiction. Through a deeply moving portrayal of (un)authorized love stories, López explains why. From poker game-like strategies for family reunification to the visceral experiences of absence and (dis)integration, López combines analytical clarity with ethnographic insight to illustrate the repercussions of the imagined category of individualized citizenship codified into U.S. immigration law. I have yet to read a book that so deftly—and with such grace—captures the intimate costs of the U.S. immigration system on marital relationships. If this does not convince you of the inequality perpetuated by current immigration policies, I am not sure if anything can."—Joanna Dreby, author of Everyday Illegal: When Policies Undermine Immigrant Families"While Americans may believe that love conquers all, this important, beautifully written book shows how our citizenship and immigration laws function to sever married couples, affecting children, extended families, and communities. Grounded in the lives of everyday people, it contributes to our understanding of immigration, gender and the family, and the sociology of law, and points us toward sensible and fair policy changes that could protect these vulnerable families."—Mary C. Waters, Harvard University"This remarkable study of mixed-citizen unions exposes the difficult terrain couples encounter in their attempts to earn the right to love and live together. Theoretically compelling, empirically rich, and cogently reasoned, Unauthorized Love sheds important light on the family-level consequences of reunification success, failure, and uncertainty. Powerful and enlightening."—Roberto G. Gonzales, author of Lives in Limbo"[López's] study presents compelling life stories of love and family that enrich and complicate understandings of immigration from across the US southern border in an accessible narrative. Recommended."—E. Hu-DeHart, CHOICE"Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State, a rich, well-argued, and luminous book by Jane Lilly López, shows how U.S. family reunification policy shapes the intimate and social lives of [mixed-citizenship] married couples. One in 13 U.S. couples must navigate a system in which policy-based definitions of legitimate relationships and deserving individuals menace the process of trying to sponsor a spouse."—Stephen P. Ruszczyk, American Journal of Sociology"The book's primary contributions to the sociological study of mixed-status families is two-fold. First, López illustrates the class dimensions of family reunification.... Second, López shows that although the immigration system ostensibly punishes individuals for individual immigration status violations, the repercussions of these punishments reverberate through an immigrant's family and broader social networks—regardless of citizenship status.... The notion that a whole family becomes unauthorized with the rejection of a noncitizen spouse is a powerful way to elucidate the shortcomings of citizenship as an individual status."—Jennifer Cook, Contemporary SociologyTable of ContentsIntroduction 1. The Same, but Different 2. The Right Kind of Love(r) 3. Navigating the High Stakes of US Family Reunification Law 4. (Dis)Integrated Families, (Dis)Integrated Lives 5. Institutional (In)Visibility 6. Parenthetical Belonging Conclusion

Read more less

Book SynopsisThe 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.

Read more less

Book SynopsisHoping for a better life, many migrants have made the journey to South Africa and set up as informal spaza shop traders in small towns and township areas, supplying the local residents with essentials. But thriving in environments afflicted by unemployment and crime is almost impossible when armed robberies are a daily reality, protection from law enforcement is not a given, and access to justice is effectively out of reach. Engaging first-hand with small traders and the Somali communities in Khayelitsha, Kraaifontein and Philippi, Vanya Gastrow investigates the predicament of these modern-day pariahs – social and political outcasts who belong neither to the elite nor the common people, and who are frequently the focus of xenophobic anger. Tracing national-level regulatory developments in post-apartheid democratic South Africa Gastrow shines a light on how retailers have been politicised and how they have faced growing informal and formal regulatory efforts to curtail their business activities. She demonstrates how democratic and constitutional frameworks can erode in contexts of heightened nationalism, populism and economic inequality. By investigating Somali informal shopkeepers’ experiences of crime, justice and regulation in the country, the fragility of law, pluralism and democracy in South Africa is uncomfortably exposed.Table of Contents List of Illustrations Preface Acknowledgements Part I: Arrival and Reception Chapter 1 Introduction: law, justice and the pariah Chapter 2 Getting started: a tale of three cities Chapter 3 The unwelcome guest: flight and arrival in South Africa Chapter 4 Crime and the fluid migrant Chapter 5 A window on statistics opens up Chapter 6 Fortress South Africa: informal justice and control Chapter 7 Elusive justice and xenophobic crime Chapter 8 An ordinary crime: the politics of denial Part II: Regulation and Containment Chapter 9 The Masiphumelele shop threat, 2006 Chapter 10 In the shadow of Masiphumelele Chapter 11 The shifting problem and changing narratives Chapter 12 Infestation and backlash: the Soweto cleansing of 2018 Chapter 13 When reasoning rings hollow Chapter 14 The problem as legitimacy Chapter 15 Regulating trade: informality and segregation by agreement Chapter 16 When agreements fall apart Chapter 17 Legal imaginaries: trading without a licence Chapter 18 Turning to formality, 2012 Chapter 19 Formalising exclusion as the African way Part III: The Politics of Pariahdom Chapter 20 Pariahdom and bare life Chapter 21 Pariah justice Notes Bibliography Index

Read more less

Book SynopsisThe papers collected in this volume highlight the complex dynamic relationship between citizenship - as membership status - and the constitutional law which provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order fully to understand how one becomes a citizen, and what the meaning of citizenship is. Edited by a leading authority in the field, this volume contains the key works which cover national, transnational and international aspects of the topic, and the book provides a particular focus on how constitutional law constructs and upholds the range of citizenship rights.With an original introduction by the editor, this timely collection will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law.Trade Review‘What a treasure trove. Jo Shaw’s selection of academic literature on citizenship is a treat. Drawing from all over the globe, it will enable scholars and teachers from many disciplines working in citizenship to get a taste of its legal formulations. As a teacher and scholar of citizenship law, I’ll certainly be drawing on it!’ -- Kim Rubenstein, Australian National UniversityTable of ContentsContents: Acknowledgements Introduction Jo Shaw PART I CITIZENSHIP AND DEMOCRATIC CONSTITUTIONALISM: THEORY AND PRACTICE 1. Jean Cohen (1999), ‘Changing Paradigms of Citizenship and the Exclusiveness of the Demos’, International Sociology 14: 245-268 2. Ulrich K. Preuss (1992-1993), ‘Constitutional Powermaking for the New Polity: Some Deliberations on the Relations between Constituent Power and the Constitution’, Cardozo Law Review 14, 639-660 3. Jürgen Habermas (1998), ‘The European Nation-State: On the Past and Future of Sovereignty and Citizenship’, Public Culture 10, 397-416 4. James Tully (2008), ‘Two Meanings of Global Citizenship: Modern and Diverse’, In: Michael A. Peters, Harry Blee & Alan Britton (eds.), Global Citizenship Education: Philosophy, Theory and Pedagogy, Rotterdam: Sense Publication, 15-39 5. David Abraham (2008), ‘Constitutional Patriotism,Citizenship, and Belonging’, International Journal of Constitutional Law 6, 137-152 6. Cécile Laborde (2002), ‘From Constitutional to Civic Patriotism', British Journal of Political Science, 32, 591-612 7. Martha Nussbaum (2008), ‘Toward a Globally Sensitive Patriotism’, Dædalus, 137, 78-93 PART II BECOMING CITIZEN: NATIONAL, INTERNATIONAL AND TRANSNATIONAL TRENDS 8. Peter Spiro (2011), ‘A New International Law of Citizenship’, American Journal of International Law, 105, 694-746 9. Patrick Weil (2011), ‘From Conditional to Secured and Sovereign: The New Strategic Link Between the Citizen and the Nation-state in a Globalized World’, International Journal of Constitutional Law, 9, 615-635 10. Rainer Bauböck (2010), ‘Studying Citizenship Constellations’, Journal of Ethnic and Migration Studies, 36, 847-859 11. Szabolcs Pogonyi (2011), ‘Dual Citizenship and Sovereignty’, Nationalities Papers: The Journal of Nationalism and Ethnicity, 39 685-704 12. Costica Dumbrava (2014), ‘External Citizenship in EU Countries,’ Ethnic and Racial Studies, 37, 2340-2360 13. Ayelet Shachar and Ran Hirschl (2007), ‘Citizenship as Inherited Property’, Political Theory, 35, 253-287 PART III BEING CITIZEN: NATIONAL CASE STUDIES 14. Linda Bosniak (2010), ‘Persons and Citizens in Constitutional Thought’, International Journal of Constitutional Law 8, 9-29 15. Michelle Everson (2003), ‘’Subjects’, or ‘Citizens of Erewhon’? Law and Non-Law in the Development of a ‘British Citizenship’’, Citizenship Studies 7, 57-83 16. Iseult Honohan (2010), ‘Citizenship Attribution in a New Country of Immigration: Ireland’, Journal of Ethnic and Migration Studies, 36, 811-827 17. Enikő Horváth and Ruth Rubio-Marín (2010), ‘”Alles oder Nichts”? The Outer Boundaries of the German Citizenship Debate’, International Journal of Constitutional Law 8, 72-93 18. Igor Štiks (2010), ‘The Citizenship Conundrum in Post-Communist Europe: The Instructive Case of Croatia’, Europe-Asia Studies, 62, 1621-1638 19. Daphne Barak-Erez (2008), ‘Israel: Citizenship and Immigration Law in the Vise of Security, Nationality, and Human Rights’ , International Journal of Constitutional Law, 6, 184-192 PART IV BEYOND STATE BORDERS – THE CITIZENSHIPS OF GLOBALISATION 20. Melissa Williams (2007), 'Non-territorial Boundaries of Citizenship', In: Seyla Benhabib, Ian Shapiro and Danilo Petranović (eds.), Identities, Allegiances, Affiliations, Cambridge: Cambridge University Press, 226-256 21. Theodora Kostakopoulou (2009), ‘Citizenship Goes Public: The Institutional Design of Anational Citizenship’, Journal of Political Philosophy, 17, 275-306 22. Seyla Benhabib (2009), ‘Claiming Rights across Borders: International Human Rights and Democratic Sovereignty’, American Political Science Review, 103, 691-704 23. Neil Walker (2009), ‘Denizenship and Deterritorialization in the European Union’, In: Hans Lindahl (ed.), A Right to Inclusion and Exclusion?: Normative Fault Lines of the EU's Area of Freedom, Security and Justice. Oxford: Hart, 261-72 24. Jo Shaw (2011), ‘Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism’, In: Paul Craig and Gráinne de Búrca (eds), The Evolution of EU Law, Oxford: Oxford University Press, 2nd Edition, 575-609 25. Ferran Requejo (1999), ‘Cultural Pluralism, Nationalism and Federalism: A Revision of Democratic Citizenship in Plurinational States’, European Journal of Political Research 35: 255–286 26. Jo Shaw (2013) ‘Citizenship and the Edges of Europe,’ in C. Franzius, F.C. Mayer and J. Neyer (eds.), Grenzen der Europäischen Union. Integration und Desintegration in Recht und Politik?, Baden-Baden: Nomos, 297-310 PART V RIGHTS, DUTIES AND STRUGGLES: THE AMBIGUOUS ROLE OF THE STATE 27. Margaret Somers (1993), ‘Citizenship and the Place of the Public Sphere: Law, Community, and Political Culture in the Transition to Democracy’, American Sociological Review, 58, 587-620 28. Lucia Zedner (2010), ‘Security, the State, and the Citizen: The Changing Architecture of Crime Control’, New Criminal Law Review, 13, 379–403 29. Christopher Bertram (2014), ‘Competing Methods of Territorial Control, Migration and Justice’, Critical Review of International Social and Political Philosophy, 17, 129-143 30. Rogers M. Smith (2014), ‘National Obligations and Noncitizens: Special Rights, Human Rights, and Immigration’, Politics & Society, 42, 381-398 31. Cristina M. Rodríguez (2010), ‘Noncitizen Voting and the Extraconstitutional Construction of the Polity’, International Journal of Constitutional Law 8, 30-49 32. Jo Shaw (2009) ‘Political Rights and Multilevel Citizenship in Europe’, in E. Guild, K. Groenendijk and S. Carrera (eds.), Illiberal Liberal States: Immigration, Citizenship and Integration in the EU, Farnham, Ashgate, 29-49 33. Ruth Rubio-Marín (2014), ‘The Achievement of Female Suffrage in Europe: On Women’s Citizenship’, International Journal of Constitutional Law 12, 4-34 34. Matthew Gibney (2013), ‘Should Citizenship Be Conditional? The Ethics of Denationalization’, The Journal of Politics, 75, 646–658 35. Peter Nyers (2006), ‘The Accidental Citizen: Acts of Sovereignty and (Un)making Citizenship’, Economy and Society, 35, 22-41 Index

Read more less

Book SynopsisThis theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy. Offering a refreshing perspective on the origins, evolution and trajectory of EU citizenship law, Dora Kostakopoulou explores recent developments, controversies and challenges, including Brexit, and fills a lacuna in the existing literature. Through an interdisciplinary approach, this insightful book combines legal studies with normative political theory, political science, sociology and critical migration studies in order to arm readers with the tools required to appreciate and understand the constructive potential and transformative effects of this fascinating and unique institution. Provocative and forward-thinking, it provides glimpses of an alternative future for EU citizenship. Students and scholars working in European law and policy, citizenship, migration and internal market law will find this book to be an engaging and timely read. Its more practical elements will also appeal to government officials, lobbyists and practitioners involved in law and policy-making, as well as to individuals working on transnational processes and globalisation.Trade Review‘This book captures both the evolution of EU citizenship since its establishment and the author's publication trajectory on citizenship. . . it provides a highly original account of EU citizenship law and policy. It shows how institutional actors and the practice of citizenship contribute to transformative change. It addresses possible future developments, while remaining faithful to the principled take on the values, principles and practices that enhance human life and (should) underlie EU citizenship as an institution. In sum, a thought-provoking book.’ -- Annette Schrauwen, European Journal of Migration and Law‘This is a vital book for our time of a new wave of nationalism.’ -- Marta Moskal, Ethnic and Racial StudieTable of ContentsContents: Introduction 1. European Union Citizenship: Writing the Future 2. European Union Citizenship Rights and Duties: Civil, Political and Social 3. When EU Citizens Become Foreigners 4. The External Face of EU Citizenship: Diplomatic and Consular Protection 5. EU Citizenship and Fundamental Rights 6. Brexit and EU Citizenship 7. Innovations in European Union Citizenship Law: Who Should be a Citizen of the Union Conclusion The Art of Creative Institutional Thinking: Defending the Experience of Relating and Eurozens’ Rights Index

Read more less

Book SynopsisThis timely book assesses national and supranational bilateral approaches to dealing with the rising tide of migration into the European Union via the Mediterranean Sea. International law and EU migration law specialists critically assess the legal tools adopted to engage with the 'refugee crisis'. While the EU works to develop a unified approach to Mediterranean transit and origin countries, the authors argue that a crucial role should be accorded to individual states in finding a solution to this complex and sensitive situation. Historical and political factors playing into migration strategies are discussed, and the legal framework underpinning the bilateral and regional schemes on which the northern and southern shores of the Mediterranean seek to cooperate on migration is also examined. Migration-related issues, such as search and rescue at sea, human rights and policing are explored throughout the book. Comparing the bilateral arrangements Southern EU Member States have made with the Mediterranean countries of origin and the regional bilateralism conducted by the EU, expert authors assess how best to achieve a coherent model. This will be an essential read for academics and scholars in international and European migration law, environmental politics and policy; practitioners and policymakers working on migration issues, and NGOs. Contributors include: C. Billet, M. Borraccetti, G. Borzoni, F. Casolari, M. Di Filippo, M. Gatti, I. González García, F. Ippolito, K.D. Magliveras, A. Ott, M. Ovádek, E. Papastavridis, I. Sammut, F. Seatzu, P. Van Elsuwege, J. Wouters, V. ZvezdaTrade Review‘By incorporating case studies from different countries and on different levels, this book provides a comprehensive overview over issues of migration in the Mediterranean. This comparative approach and broad perspective is a significant strength of this publication, and it allows the anthology to pinpoint central issues of migration in the Mediterranean.’ -- Lara Wilhelmine Hoffmann, Nordicum-MediterraneumTable of ContentsContents: Preface Marc Maresceau Introduction and acknowledgments Gianluca Borzoni, Federico Casolari and Francesca Ippolito Part I The national dimension of LEGAL bilateralism IN THE MEDITERRANEAN SEA 1 Immigration in Spain: Migratory routes, cooperation with third countries and human rights in return procedures Immaculada González García 2 The national dimension of the legal bilateralism in migration domain – The case of Greece Konstantinos Magliveras 3 A tug of war between rights and obligations – The case of migration from Malta’s perspective Ivan Sammut 4 Bilateral relations between France and its Mediterranean partners Carole Billet 5 The Italian job: Migration and bilateral relations with Southern Mediterranean countries Marco Borraccetti PART II SUPRANATIONAL FORMS OF LEGAL BILATERALISM IN MIGRATION LAW 6 Bilateral cooperation between the European Union and Mediterranean countries: An introduction to the institutional framework and key issues Jan Wouters and Michal Ovádek 7 The gendarmes of Europe. Southern Mediterranean States and the EU’s partnership framework on Migration Mauro Gatti 8 Migration and mobility in the EU’s Eastern neighbourhood: Mapping out the legal and political framework Peter Van Elsuwege and Zvezda Vankova 9 EU-Turkey cooperation in migration matters: A game changer in a multi-layered relationship? Andrea Ott PART III HORIZONTAL ISSUES IN MIGRATION MANAGEMENT 10 The unbearable ‘lightness’ of soft law: On the European Union’s recourse to informal instruments in the fight against illegal immigration Federico Casolari 11 Search and rescue at sea: Shared responsibilities in the Mediterranean Sea Efthymios Papastavridis 12 Kissing awake a sleeping beauty? The negotiation process for a Euro-Mediterranean Free Trade Area Francesco Seatzu 13 The rhetoric of human rights in EU external relation in the Mediterranean Francesca Ippolito 14 Fighting irregular forms of migration: The poisonous fruits of the securitarian approach to cooperation with Mediterranean countries Marcello Di Filippo Index

Read more less

Book Synopsis''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.Trade Review'Devyani Prabhat has assembled an excellent team of scholars across academic disciplines and legal specialisations. The chapters provide comprehensive and expert analysis on contemporary issues of British citizenship, ranging from the shifting categories of exclusion and inclusion in nationality law, naturalisation policy and integration tests to Brexit, ''the hostile environment'' and the Windrush scandal. The book is unique in combining the theory, practices and policies of British citizenship.' --Dora Kostakopoulou, Warwick University, UK'This work offers a state of the art treatment of the law and policy on citizenship in Britain, covering access to nationality and the scope of citizenship rights. With contributions by leading scholars and practitioners of citizenship and immigration law, it provides a comprehensive account of key questions, including discrimination in nationality law, deprivation of citizenship, and the implications of in-country checks of status.' --Bernard Ryan, University of Leicester, UK'This book addresses a most timely topic - British citizenship - from all possible perspectives: practice, theory and policy and from various academic disciplines. It provides for a very welcome contribution to discussions on every day politics and on knowledge on the legal position of many different categories of immigrants. In these times of turmoil citizenship can be a basis for security and rights and therefore it is essential to examine all its dimensions carefully. This book is an indispensable aid for knowing more about British citizenship.' --Frans Pennings, Utrecht University, the NetherlandsTable of ContentsContents: Part I MAKING BRITISH CITIZENS 1. Discrimination in British Nationality law Alison Harvey 2. The Life in the UK Citizenship Test and the Urgent Need for Its Reform Thom Brooks 3. Naturalisation and becoming a citizen in the UK Bridget Byrne 4. Children’s Pathways to British Citizenship Solange Valdez-Symonds Part II HOLDING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 5. Citizenship, semi-citizenship and the hostile environment: the performativity of bordering practices Christopher Bertram 6. The Immigration Act 2014 and the Right to Rent David Smith Part III LOSING BRITISH CITIZENSHIP AND IMMIGRATION CONTROLS 7. The rise of modern banishment: deprivation and nullification of British citizenship Colin Yeo 8. A Constitutional Eyesore After Brexit: EU Citizenship and British Nationality Patricia Mindus 9. Remember when 'Windrush' was still just the name of a ship? Fiona Bawdon 10. The Blurred Lines of British Citizenship and Immigration Control: The Ordinary and the Exceptional Devyani Prabhat Index

Read more less

Book SynopsisThis discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which the politics of migration crisis and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU's legitimacy in these policy areas. Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.Trade Review‘The well-written introduction lays the foundation of the whole volume, which proves to be thought-provoking and cutting-edge.’ -- Kevin Fredy Hinterberger, Common Market Law Review'Whereas certain EU measures responding to the migration and asylum crisis, not least the EU Turkey ''Statement'' of March 2016, took observers by surprise, these actions are more accurately understood as part of a well-established tendency in EU cooperation with third countries on migration control. This volume offers a thought-provoking account of this tendency, pointing to its conceptual link to ''crisis labelling'' and to the constitutional challenges it poses to the Union principles of democracy, the rule of law and fundamental rights.' --Jens Vedsted-Hansen, Aarhus University, Denmark'This highly topical book deals deeply with the fundamental issues raised by the external dimension of EU law in the field of migration. Combining historical and contemporary approaches, it proposes an original modelling of possible external co-operation in accordance with the rule of law. The authors are among the best specialists in these topics in Europe.' --Jean-Sylvestre Berge, Cote d Azur University and University Institute France, France'The external dimensions of EU migration policies can result in serious violations of the human rights of migrants, out of reach of EU human rights watchdogs. If the EU is to retain its reputation as a rule-based human-rights-respecting polity, such external dimensions need proper oversight and sharp critical assessment. This book provides a first and often damning evaluation of this complex policy field, but also outlines ways in which the EU could adopt a more ''comprehensive approach'' to migration policies. An essential read.' --François Crépeau, McGill University, CanadaTable of ContentsContents: 1. The external dimensions of EU migration and asylum policies in times of crisis Sergio Carrera, Juan Santos Vara and Tineke Strik PART I EU EXTERNAL MIGRATION POLICIES: NEW AND OLD DYNAMICS 2. Soft international agreements on migration cooperation with third countries: a challenge to democratic and judicial controls in the EU Juan Santos Vara 3. EU external competences on migration: which role for mixed agreements? Paula García Andrade 4. Migration deals and responsibility sharing: can the two go together? Tineke Strik 5. Non-refoulement at risk? Asylum’s disconnection mechanisms in recent EU practice Javier A. González Vega 6. Transformation or continuity? EU external migration policy in the aftermath of the migration crisis Natasja Reslow 7. Hyper-legalisation and de-legalisation in the AFSJ: on contradictions in EU external migration law Elaine Fahey PART II EU CRISIS-LED PATTERNS OF COOPERATION IN LIGHT OF EU RULE OF LAW 8. The EU’s readmission policy: of agreements and arrangements Katharina Eisele 9. The EU-Turkey deal. Reversing ‘Lisbonisation’ in EU migration and asylum policies Sergio Carrera, Leonhard den Hertog and Marco Stefan 10. The EU-Turkey Statement: legal nature and compatibility with EU institutional law Mauro Gatti and Andrea Ott 11. Insights from agreements on migration between the EU and Turkey? Kees Groenendijk 12. The EU-Jordan Compact in a Trade Law Context: Preferential Access to the EU Market to ‘Keep Refugees in the Region’ Marion Panizzon 13. Mobility partnerships: a tool for the externalisation of EU migration policy? A comparative study of Morocco and Cape Verde. Fanny Tittel-Mosser 14. Ghana and EU migration policy: studying an African response to the EU’s externalisation agenda Ilke Adam and Florian Trauner 15. The EU and the migration crisis: reinforcing a security based approach to migration? Arantza Gomez Arana and Scarlett McArdle 16. Extraterritorial immigration control, preventive justice and the rule of law in turbulent times: Lessons from the Anti-Smuggling Crusade Valsamis Mitsilegas Index

Read more less

Book SynopsisThis Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.Featuring expert contributions from scholars both within and outside the discipline of law, the Research Handbook focuses on contemporary challenges facing the EU, such as Brexit, the erosion of rights and issues of constitutional choice for the citizens and governments of Europe, and highlights the reality of incomplete implementation of EU law and the role of the Court of Justice of the EU. A wide range of topics are discussed, featuring, but not limited to, differentiation, EU citizenship and nationality, the European Pillar of Social Rights, academic freedom and restrictions in free movement of persons. The book also applies a forward thinking approach by examining the promise of EU citizenship and the institutional reforms one might envisage in the future.Offering a thought-provoking contribution to ongoing debates and studies in the fields of EU citizenship, European internal market law and policy and European integration, this Research Handbook will be key reading for researchers, academics and postgraduate students in the fields of law, political science, EU studies, and sociology.Trade Review‘This milestone Research Handbook is a must-read for researchers of the law and policy of European Union citizenship. It interrogates and recasts Union citizenship as a concept, as a vector of rights, and as a social experience; highlighting significant research questions at national, transnational and supranational levels as well as at their intersection. Its timely consideration of the implications for Union citizenship of Brexit and the Covid-19 pandemic and its emphasis on enhancing relationships with the Union’s nearest neighbours have produced a collection that reflects an unsettling era of challenge and change yet remains rooted in deep legal and theoretical foundations.’ -- Niamh Nic Shuibhne, The University of Edinburgh, UKTable of ContentsContents: 1 Introduction: challenges and crises of Union citizenship 1 Daniel Thym PART I THEORETICAL EXPLORATIONS 2 The power of the norm: EU citizenship as constitutional right 13 Anne Wesemann 3 A social-constructivist approach towards the evolution of EU citizenship 32 Martin Steinfeld 4 The evolution of citizens’ rights in light of the EU’s constitutional development 49 Daniel Thym 5 The genesis of European rights 70 Willem Maas 6 EU citizenship: a social empathy perspective 83 Karmelia Yannakou 7 The relationship between national and EU citizenship: what is it and what should it be? 100 Martijn van den Brink PART II CITIZENS’ RIGHTS 8 Citizenship, territory and COVID-19 116 Stephen Coutts 9 The rules on the free movement of workers in the European Union 131 Adela Boitos and Manuel Kellerbauer 10 Free movement or fundamental rights? EU citizenship as a legal gateway to fundamental rights protection 149 Adrienne Yong 11 EU citizenship and family reunification: the evolving concept of a European Union territory 165 Hester Kroeze 12 Using EU citizenship to protect academic freedom: an alternative method 184 Tamas Dezso Ziegler 13 Does Member State withdrawal automatically extinguish EU citizenship? 201 Oliver Garner PART III SOCIAL CITIZENSHIP 14 EU citizenship and the welfare state 225 Francesco Costamagna and Stefano Giubboni 15 Progression and retrogression of the ECJ case law on access to social benefits 249 Ségolène Barbou des Places 16 The limits of judicialising transnational welfare progression and retrogression of the ECJ case law on access to social benefits 265 Susanne K. Schmidt 17 The outer limits of transnational solidarity between the EU’s Member States in a social security setting 282 Jaan Paju PART IV EU CITIZENSHIP POST-BREXIT: DIFFERENTIATED CITIZENSHIP REVISITED 18 Differentiated citizenship in the European Economic Area 297 Christian Franklin and Halvard Haukeland Fredriksen 19 ‘Citizenship of the Association’: the examples of Turkey and Switzerland 320 Narin Idriz and Christa Tobler 20 Employment and social rights of labour migrants post-Brexit 343 Herwig Verschueren 21 Irish citizenship law after Brexit: implications for Northern Ireland 364 Clemens M Rieder 22 Epilogue: on guest houses and institutional reconfigurations 384 Dora Kostakopoulou Index

Read more less

Book SynopsisThis collection identifies and discusses the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into uses of human dignity to promote and challenge ideas of identity and solidarity. Highlighting human dignity’s significance for inclusive democracy, the book’s thirteen chapters underline how threats to human dignity can also be a danger to democracy itself. Critical analysis of the commitment to protect the dignity of all human beings following the rise of nationalism, illiberalism and identity politics are thoroughly reviewed. The volume further addresses urgent questions about today’s democratic societies in the context of Europe’s multiple crises. Written in an accessible style, this innovative book will be an excellent resource for both scholars of human dignity and human rights law, European law and politics, as well as non-experts looking to further their understanding of the topic. Trade Review‘Dignity and democracy are preferred topics of comparative constitutional research. But surprisingly enough, the connections between the two concepts have not yet been explored in academic writing. This book puts an end to that situation and opens a new perspective on two pillars of modern constitutionalism.’ -- Dieter Grimm, Humboldt University Berlin and Former Justice, Federal Constitutional Court of Germany‘An ambitious and successful effort to move the focus on constitutional democracy from citizens to human flourishing. Human Dignity and Democracy in Europe highlights the democratic and constitutional commitments to creating regimes that allow all residents to see themselves as involved in common public projects, and the threats to such commitments presented by the rise of illiberal constitutionalism, austerity, and COVID-19.’ -- Mark Graber, University of Maryland, US‘The legal relevance of dignity is challenged at a time of democratic backlash, identitarian crisis and exclusionary politics. The authors of this volume argue that dignity is both the pre-condition and ultimate aim of European democracy. They provide a balanced and realistic approach to the practical uses of dignity in law in Europe and elsewhere.’ -- András Sajó, Central European University, Hungary/Austria‘This valuable book, Human Dignity and Democracy in Europe, explores the connections between dignity and democracy, a topic that has not received much scholarly attention. Including contributions from academics of varying backgrounds who are experts in this field, it brings together a range of perspectives and offers impressive insights into this highly significant area, of especial value at the present time when in some Council of Europe states, such as Hungary, both democracy and dignity appear to be coming under threat.’ -- Helen Fenwick, Durham University, UKTable of ContentsContents: Introduction to Human Dignity and Democracy in Europe 1 Daniel Bedford and Catherine Dupré PART I THEORETICAL FRAMEWORKS 1 Judicial activity/democratic activity: the democratising effects of dignity 19 Erin Daly 2 Human dignity and democracy in Europe: commitments, connections and red lines 36 Catherine Dupré 3 Subsidiarity and human dignity: democracy, authority and knowledge 60 Stephen Riley 4 Democratic transformations in the United Kingdom: the potential of human dignity 77 Daniel Bedford PART II IDENTITY 5 On the dilemma between human dignity and national identity 103 Cesare Pinelli 6 Human dignity as status politics 119 Stéphanie Hennette-Vauchez 7 The right to citizenship and human dignity 137 Maria Dicosola 8 Discourses of collective dignity, the state of exception and the twilight of the rule of law: the case of Poland and beyond 155 Przemyslaw Tacik PART III SOLIDARITY 9 The decline of human dignity and solidarity through the misuse of constitutional identity: the case of Hungary since 2010 177 Gábor Halmai and Nóra Chronowski 10 Bringing human dignity back to life: the case of austerity measures in a comparative perspective 200 Antonia Baraggia 11 Dignity at the margins: the contestatory dynamic of the principle of human dignity 225 Cólm Ó Cinnéide Conclusion: human dignity and the future of European democracy 248 Gábor Halmai and Panos Kapotas Index

Read more less

Book SynopsisWeaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal–theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.Trade Review‘Focused on citizenship as legal status, Helen Irving meticulously excavates the complex past and present of allegiance in relation to the topic of citizenship. She shows us in detail how allegiance works, how it links to acquisition and loss of citizenship, and how we should think about it in relation to contested topics such as dual citizenship. Until now, there has been a gap in the literature of modern citizenship in relation to allegiance. Irving’s new book fills that gap.’ -- Jo Shaw, University of Edinburgh, UKTable of ContentsContents: Preface 1. Introduction: the origins and evolution of allegiance 2. Dual citizenship and ‘split allegiance’ 3. Naturalisation and transfer of allegiance 4. Swearing allegiance 5. Treason 6. Loss of citizenship 7. Buying citizenship 8. Conclusion: the citizenship bond Index

Read more less

Book SynopsisExploring the notion that norms are often seen as static structures governing society, politics and legislation, this thought-provoking book offers insights into Robert Alexy's theory of constitutional rights and the range in rigidity of two norm categories: rules and principles. Arguing that constitutional pluralism and the differentiation between norms is also present in EU law, Anne Wesemann asserts that EU Citizenship is a principle and thus a constitutional rights norm. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the court's approach to decision making, which mirrors the balancing and weighing of conflicting principles. Wesemann proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms in EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Citizenship in the European Union will be a key resource for scholars and students of constitutional law and politics. Its contribution to the discourse around judicial activism and politicisation will also be essential reading for those studying the workings of the CJEU.Trade Review'Although the topic of European citizenship has been much discussed in academic literature and beyond for decades, Anne Wesemann manages to offer a highly original analysis of this legal status in this book. Not only is it strongly theoretically grounded on European continental legal theory, but it also offers us a new lens through which we can understand the journey of the Court of Justice of the EU on this matter. A must-read for everyone interested in EU citizenship.' --Nuno Ferreira, University of Sussex, UK'Anne Wesemann offers a welcome addition to EU theoretical analysis that draws upon Alexy's concept of principles as constitutional rights norms. Extrapolating Alexy's German model to the transnational setting, she develops citizenship as a structural norm operating as a balancing principle that requires the Court of Justice to grasp ''the art of the possible''. Her insightful reappraisal of key judgments defends the Court against charges of undue activism and instead re-interprets its stance on citizenship as legitimate constitutional evolution.' --Malcolm Ross, University of Sussex, UKTable of ContentsContents: 1. Introduction 2. Constitutional Rights Theory 3. European (Pluralist) Constitutionalism 4. Citizenship 5. The Court Of Justice As Constitutional Court 6. European Union Citizenship As Constitutional Right 7. Conclusion Index

Read more less

Book SynopsisCelebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.Trade Review"The first in depth study of U.S. transgender immigration policy, On Transits and Transitions deftly illuminates the U.S immigration policy in which transgender became a recognized asylum seeker category. By brilliantly exploding the myth that more visibility and recognition for marginalized transgender people means expanded justice and equity, Josephson teaches us that citizenship and national belonging are not 'equal opportunity,' but are instead subject to inequitable racial, national, and gender hierarchies that persist even as we might assume they are improving."— Aren Z. Aizura, author of Mobile Subjects: Transnational Imaginaries of Gender Reassignment "Tristan Josephson critically examines how three very different policy regimes—asylum, immigration through marriage, and immigration detention—distill transgender migrants into the 'deserving' and everyone else. An indispensable contribution to the scholarship on trans migrants that exposes the limits of a politics of recognition."— Paisley Currah, author of Sex is as Sex Does: Governing Transgender IdentityTable of ContentsIntroduction 1 Visibility and Immutability in Asylum Law and Procedure 2 Desiring the Nation: Transgender Trauma in Asylum Declarations 3 Trans Citizenship: Marriage, Immigration, and Neoliberal Recognition 4 Transfer Points: Trans Migrants and Immigration Detention Coda Acknowledgments Notes Bibliography Index

Read more less

Book SynopsisCelebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.Trade Review"The first in depth study of U.S. transgender immigration policy, On Transits and Transitions deftly illuminates the U.S immigration policy in which transgender became a recognized asylum seeker category. By brilliantly exploding the myth that more visibility and recognition for marginalized transgender people means expanded justice and equity, Josephson teaches us that citizenship and national belonging are not 'equal opportunity,' but are instead subject to inequitable racial, national, and gender hierarchies that persist even as we might assume they are improving." -- Aren Z. Aizura * author of Mobile Subjects: Transnational Imaginaries of Gender Reassignment *"Tristan Josephson critically examines how three very different policy regimes—asylum, immigration through marriage, and immigration detention—distill transgender migrants into the 'deserving' and everyone else. An indispensable contribution to the scholarship on trans migrants that exposes the limits of a politics of recognition." -- Paisley Currah * author of Sex is as Sex Does: Governing Transgender Identity *Table of ContentsIntroduction1 Visibility and Immutability in Asylum Law and Procedure 2 Desiring the Nation: Transgender Trauma in Asylum Declarations 3 Trans Citizenship: Marriage, Immigration, and Neoliberal Recognition 4 Transfer Points: Trans Migrants and Immigration Detention Coda AcknowledgmentsNotesBibliography Index

Read more less

Book SynopsisThe prominence of the Advocate General is one of the most distinctive, and controversial, features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. The book examines the history of the role, the questions over its future, and the role''s importance in the procedures of the Court. The book also analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination and Jean Pierre Warner on competition procedure. The book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability and direct effect.Trade ReviewThis book is a welcome addition to academic literature...the topical approach chosen by the authors has lead to an interesting study, both from a substantive and from an institutional law perspective. * Silvia Romein, European Foreign Affairs Review, 13 *The book provides a meritorious basis for future work and can be applauded for bravely encouraging discussion of the controversial and topical issue of the future of the Advocate General as an institution. Anyone undertaking further research in this field will find much to learn from the analytical work of Burrows and Greaves. * King's Law Journal *Table of Contents1. Introduction ; PART I: THE ADVOCATE GENERAL AS A MEMBER OF THE ECJ ; 2. The Place of the Advocate General in the procedure of the European Community Courts ; 3. The Advocate General and Human Rights Standards ; PART II: SELECTED ADVOCATES GENERAL AND SPECIFIC AREAS OF COMMUNITY LAW ; 4. The First Advocate General- Maurice Lagrange ; 5. Walter van Gerven and the Principle of Equal Treatment of Men and Women ; 6. Advocate General Jacobs' Opinions and Intellectual Property Law ; 7. Advocate General Jean Pierre Warner and EC Competition Law ; PART III: SOME FUNDAMENTAL CONCEPTS OF COMMUNITY LAW AND THE OPINIONS OF ADVOCATES GENERAL ; 8. The Advocates General and the Development of the Principle of Direct Effect ; 9. The Contribution of Advocates General to the Development of the Principle of State Liability in the European Community's Legal Order ; 10. The Advocates General and the Concept of Citizenship ; 11. Conclusion

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisMigration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants.This book problematises the EU Area of Freedom, Security, and Justice as a home.' Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstruTable of Contents1. Introduction: Europe’s migration crisis, a ‘problem of government’ for the EU 2. Understanding EU migration law and policy: actorness, rights, and solidarity 3. Governmentality and domopolitics in theorising EU migration law and policy 4. The EU ‘home’: an Area of Freedom, Security, and Justice 5. The EU as a domopolitical rights actor in the migration crisis 6. The migrant as a subject in EU law: relationship to the EU qua home 7. Technologies of government and the migrant experience of EU rights 8. Human rights and the EU: a model to be emulated? 9. Conclusion: where next for the EU migration policy? Index

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisIs there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.Trade Review'The book gives anybody interested in, or working with, these issues a solid basis for refuting claims of non-applicability of international obligations of states in these situations and does so without departing from sound legal research and findings … This book is most certainly a valuable tool for academics, practitioners and students alike.' Kristina Touzenis, International Journal of Refugee Law'This work will be of interest to scholars of refugee law, human rights law, and general international law as it is a comprehensive and well-written guide to the legal norms applicable to the phenomena of offshoring and outsourcing of migration control. The real value of this volume, however, lies in the author's awareness of the factual realities of private and extraterritorial migration control. Throughout the book, the author sets the scene, explaining the rationale behind the employment of such policies, how they operate in reality and the practical effect that this has on the individual asylum seeker.' Leiden Journal of International LawTable of Contents1. Introduction; 2. The refugee and the globalisation of migration control; 3. Refugee protection and the reach of the non-refoulement principle; 4. Offshore migration control and extraterritorial jurisdiction; 5. The privatisation of migration control and state responsibility; 6. The institutional reach of refugee protection; 7. Conclusion.

Read more less

Book SynopsisThis book will interest the reader who wants to learn about the history of immigration and citizenship law. Covering the span of American history (16002000), it connects the history of immigrants with that of domestic subordinated groups and reveals the changing legal meanings of foreignness over the course of American history.Trade Review'Kunal Parker has accomplished the remarkable feat of challenging us to think differently about concepts - what it is to belong, what it is to be alien - that once seemed simple. Untangling the complexities of immigration from the Pilgrims to the Dreamers with a brilliant clarity, [he] traces the way that changing meanings of citizenship have been accompanied by paradoxical redefinitions of what it is to be foreign. As we struggle in our own political moment to reform immigration law, Making Foreigners offers indispensable perspective.' Linda K. Kerber, University of Iowa'In Making Foreigners, Kunal Parker shows how American law defined alienage and citizenship in ways that have confounded simple oppositions of insider and outsider. [He] provides a powerful analysis of how various groups 'native' to American territory have been constructed as 'foreigners' in both law and society. Making Foreigners is a tour de force that makes us rethink how the very notion of being 'foreign' has little to do with where one might stand in relation to territorial boundaries.' Mae Ngai, Columbia University, New York'In this breathtakingly sweeping, yet concise, 400-year history, Kunal Parker highlights how through much of American history both immigration and citizenship law rendered individuals and entire groups, from both inside and outside the territorial borders of the United States, 'foreign'. In doing so, he challenges the dichotomy between insiders and foreigners and opens to question the current immigration and deportation regime.' Barbara Welke, University of Minnesota'Making Foreigners offers important insights about the relationship between the nation's treatment of domestic minorities and foreigners.' Kevin Johnson, The Journal of American History'Making Foreigners manages to contribute to the scholarship in the areas of: U.S. immigration law and policy, Latino Studies, Native American Studies, African American studies, women's studies, Asian Americans, and studies of the poor … the book lays out a provocative new thesis that deserves serious discussion and engagement.' Anna O. Law, Law and Politics Book Review'Provides a sweeping and bold reconceptualization of the history of American immigration and citizenship law. … The history of restrictive immigration law and the legal disabilities of the foreign-born in the United States, Parker argues, must be examined in tandem with multi-layered political and legal structures reducing various groups of native-born insiders, such as women, African Americans, Asian Americans, Latino Americans, American Indians, and the poor, into second-class citizens or virtual foreigners in their status and rights. … Parker's broad conceptualization of immigration and citizenship law has enormous value for historians of American immigration and ethnicity. … truly a laudable addition to American historical and legal scholarship.' Hidetaka Hirota, Journal of American Ethnic History'Presents a long-term view of America's struggle over defining cultural and legal others, from those coming from outside the borders to those born within them. … Parker shows throughout how native-born citizens, in effect 'native-born foreigners', continued to share legal disabilities with aliens not just through cultural discrimination but also through the law itself. … Parker's book is a very welcome synthesis of a long (and ongoing) story.' Nancy L. Green, The American Historical Review'Parker's work sheds light on the ways political and legal shifts have allowed the American state to incorporate outsiders, while also rendering insiders foreign … The expansive timeline and ambitious scope of Parker's argument provides a fresh and exhaustive overview of immigration and citizenship history. Highly Recommended.' Ashley Johnson Bavery, Reviews in American HistoryTable of Contents1. Introduction; 2. Foreigners and borders in British North America; 3. Logics of revolution; 4. Blacks, Indians, and other aliens in antebellum America; 5. The rise of the federal immigration order; 6. Closing the gates in the early twentieth century; 7. A rights revolution?; 8. Conclusion and coda.

Read more less

Book SynopsisThe first multi-disciplinary exploration of citizenship and residence by investment on a global scale with an informative and empirically-grounded assessment of the origins, operation, and main causes of the global investment migration trend. It addresses key issues in belonging, exclusion and inequality that define the world today.Trade Review'Rigorous and sparklingly innovative interdisciplinary volume on emergent global commodification of citizenship status, offering a robust set of stringent empirical and historical analyses, framed by a resolutely non-romanticist conceptual approach to citizenship as status and practice, this collection lays indispensable groundwork for a new generation of 'citizenship studies'. Essential reading for the field going forward.' Linda Bosniak, Rutgers Law School'Passports by investment may be the ultimate political turn of globalization. Such programs recognize the demand for alternative citizenship or residence and supply these to the elite of the world. This deeply researched and well-written volume provides all the analytical tools and empirics for scholars and policymakers to study these arrangements and contemplate the longer term implications.' Miguel A. Centeno, Princeton University'The prospect of 'selling citizenship' provokes indignation from those who cling to a romantic idea of what citizenship should mean, be or do. The authors of this volume proceed from the reality of what citizenship as legal status actually is and does, and raise important questions about the normative and pragmatic implications for regulating how citizenship is distributed.' Audrey Macklin, University of TorontoTable of ContentsIntroduction: learning from investment migration Dimitry Kochenov and Kristin Surak; Part I. Mapping Investment Migration Law and Practice: 1. Investment migration: empirical developments in the field and methodological issues in its study Kristin Surak; 2. Victims of citizenship: feudal statuses for sale in the hypocrisy republic Dimitry Kochenov; 3. Investort citizenship and state sovereignty in international law Luuk van der Baaren; 4. Investment citizenship and the long leash of international law Peter J. Spiro; 5. Relevant links: investment migration as an expression of national autonomy in matters of nationality Petra Weingerl and Matjaž Tratnik; 6. EU competence and investor migration Daniel Sarmiento and Martijn van den Brink; Part II. Explanations and Contextualizations: 7. Citizenship for sale in pre-modern Europe Maarten Prak; 8. Unseemly, perhaps, but…: should citizenship be for sale? John Torpey; 9. Citizenship by investment: a case of instrumental citizenship Christian Joppke; 10. The colonial institution of citizenship and global capitalist dynamics Manuela Boatcă; 11. Citizenship and residence rights as vehicles of global inequality Yossi Harpaz; 12. The 'Streetlight Effect' in commentary on citizenship by investment Suryapratim Roy; 13. A blocked exchange? Investment citizenship and the limits of the commodification objection Lior Erez; 14. Why do wealthy individuals migrate internationally: some economic considerations Andrés Solimano; Part III. Case Studies and Implications: 15. Can investor residence and citizenship programmes be a policy success? Madeleine Sumption; 16. Citizenship revocation and the normalisation of ex-post conditionality in investment migration law Daniel Christopher Twomey; 17. In the shadow of the Euro crisis: foreign direct investment and investment migration programmes in the European Union Justin Lindeboom and Sophie Meunier; 18. Investment migration and corruption: state capture and the Hungarian residency bond program 2012–2017 Boldizsár Nagy; 19. Investment migration and the importance of due diligence: examples of Canada, Saint-Kitts and Nevis, and the EU Mark Corrado and Kim Marsh; 20. Investment migration and subnational jurisdictions Godfrey Baldacchino and Elena Basheska.

Read more less

Book SynopsisTells the story of Medellin v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations.Table of Contents Editors’ Preface Acknowledgments 1. Introduction 2. A Heinous Crime 3. A Failure to Act 4. Mexico Intervenes 5. The World Court Weighs In 6. A Ray of Hope 7. Texas Rebels 8. The Aftermath 9. The United States, the Death Penalty, and International Law Chronology List of Cases Bibliographic Essay Index

Read more less

Book SynopsisThis is the first collection to map the intersection of law and American studies, and it captures the excitement of interdisciplinary work at this intersection.

Read more less