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This article explores the relationship between the categorization of migrants under U.S. immigration laws and how Central American migrant youth understand and make decisions about their journeys through Mexico on their way to the U.S. Drawing from four years of ethnographic research in Mexico and Central America, this article shows how youth migrants learn about different legal classifications of migrants under U.S. immigration laws while transiting through Mexico and assess how such categories take (or do not take) into account their experiences during the migration journey. These assessments transform the migrant youths' journeys – they change their routes through Mexico, and families split before crossing to the U.S. – and make them less likely to denounce or call attention to the violence they suffer in Mexico. This article ultimately shows how U.S. immigration law has an externalized effect that transforms migrants' journeys well before migrants ever reach the U.S. [ABSTRACT FROM AUTHOR]

Based on the political debate preceding the introduction of two laws that restricted access to social rights for EU citizens, the article examines the construction of deservingness regarding access to the welfare system for EU citizens in German political discourse. Connecting theories of racial capitalism, whiteness, and deservingness, I show how a racist and classist discourse categorized poor Romanian and Bulgarian nationals, including Roma, as poverty migrants and as disposable labour. The debate on poverty migration foregrounds the permanence of once established categories and the immutability of ascribed negative characteristics, such as laziness, potential criminality and a lack of assimilation into the labour market. The discourse on disposable labour serves to strengthen hierarchies of labour power, which are deeply racialized. It ensures the ready availability of cheap and exploitable labour power, while at the same time externalizing its social costs. Both discourses and the resulting restrictive laws create and reinforce an edge population made up of poor Romanians, Bulgarians and Roma, who are portrayed as not assimilable to the labour market and hence not deserving of welfare support. The hierarchies of whiteness and Europeanness translate into hierarchies of mobility, confining the affected population to edge places, that is, the peripheralized East of Europe. [ABSTRACT FROM AUTHOR]

As a vulnerable population, immigrants can be disproportionately affected by disasters. Because of their legal and migratory status, immigrants may have different challenges, needs, and possibilities when facing a disaster. Yet, within disaster studies, immigrants are rarely studied alone. Instead, they are often considered part of the large heterogeneous group of racial and ethnic minorities in the United States. This racial classification points to a gap in the literature and in our understanding of how disadvantaged groups may cope with disasters. To address this gap, the current study hypothesizes that: (1) Immigrants have unique experiences and disaster impacts compared to the broader aggregated category of racial and ethnic minorities in the U.S. and (2) There are variations in disaster experiences and impacts across different types of immigrant subgroups beyond refugees. To explore these hypotheses, a study of the literature across six databases from 2018 to 2023was conducted. The review identified a total of 17 articles discussing immigrant experiences during disasters. Major cross-cutting themes on immigrant disaster experiences include fear of deportation, restrictive immigration status, excessive economic burden and labor exploitation, employment rigidity, adverse health outcomes, limited informational resources and limited social capital, selective disaster relief measures, and infrastructural challenges as regards to housing and transportation. Many of the themes identified are unique to immigrants, such as the fear of deportation, restrictive immigration status and visa policies, and selective disaster relief measures. [ABSTRACT FROM AUTHOR]

Immigration policy, particularly regarding migrants crossing the US-Mexico border, has been a highly debated topic for years. There is a continued debate on how to maintain national security while protecting the health and dignity of migrants. In this commentary, we argue that the Biden Administration's "Proclamation on Securing the Border" issued on June 4, 2024, alongside the Department of Homeland Security (DHS) and Department of Justice's (DOJ) Interim Final Rule, poses a significant threat to the health of migrants seeking asylum at the US-Mexico border by forcing more migrants to wait in encampments in border towns. Specifically, migrants are more likely to face increased exposure to disease, mental health effects, and violence as a result of this proclamation. We call for structural policy reform and propose several alternative policies that can be enacted at the regional and national levels to help maintain the health and dignity of migrants while still prioritizing border security. [ABSTRACT FROM AUTHOR]

Background: This study explores why Swedish people who use drugs (PWUD) relocate to Denmark, in the context of differing drug policy approaches in the two countries. Specifically, the aim was to understand how PWUD experience and value different drug scenes and policy contexts, and reason about the benefits and risks of changing environments. Methods: We conducted 17 semi-structured interviews with PWUD who moved from Sweden to Denmark, recruiting participants from harm reduction sites in both countries, and through snowball sampling. Results: Key drivers for relocation included: harm reduction service availability, stigma, social networks, policing, and financial factors. Mobility between settings increased risks such as violence, exposure to new drugs, polysubstance use, and incomplete access to care. Participants presented evolving motivations over time, all but one participant reported several motivations. Conclusion: The study presented a contextual view of the nature and character of PWUD's movement. The policy environment particularly influenced mobility. While aspects in one setting may promote well-being, other factors can increase potential for risk. Given the rapidly changing drug policy landscape in many parts of the world, this study offers insights into how PWUD navigate these settings, and can offer opportunities to better meet the needs of these individuals. [ABSTRACT FROM AUTHOR]

This paper explores the interactions between three government systems of ‘care and control’ – child protection, criminal justice and border protection. Strikingly, these systems target racialised populations for interventions that are experienced as (mostly) punitive. Through qualitative case studies drawn from a sample of mandatory visa cancellation cases in the Administrative Appeals Tribunal, I explore how non-citizens with experience of Out-of-Home Care (OOHC) withstand the convergence of criminal and immigration law, known as ‘crimmigration’. I argue that care experience contours crimmigration for those entangled within these systems in three significant ways. First, the ‘flow on’ effects of the criminalisation of those with care experience has unique consequences for non-citizens, bringing them into the purview of s501 of the Migration Act 1958 (Cth), and the possibility of discretionary or mandatory visa cancellation. Second, non-citizens in child protection who face insecure visa status are prevented from accessing certain health supports ordinarily available to citizens, which enhances their vulnerability. Third, government failures to act as a ‘parent’ to secure the visa status of non-citizens in child protection denies them protection from deportation. This article shows how non-citizens with care experience face heightened exposure to crimmigration and deportation. [ABSTRACT FROM AUTHOR]

This article explores how the subaltern Muslim animated the imaginative politics and juridical contours of the Ottoman nation between 1876-1913. I discuss how the members of the ummah, the global 'Muslim nation', were called to settle and work the lands of the Ottoman Empire. In the late 19th century, the ports and provincial capitals of the empire welcomed immigrants from across the Balkans-to-Bengal axis. However, not all who landed in the Levantine shores enjoyed the entitlements of property and protection promised by the Ottoman immigration state. The provenance of immigrants, the legality of their arrival, and the racial fault lines running through the ummah each set the terms of their inclusion in or their exclusion from the Ottoman nation. Building on the 1902 Resolution to the Ottoman Immigration Law of 1857, this article further explains how the Ottoman nation was delineated by a juridical identity—Ottoman nationality—that was categorically majoritarian and contractually exclusionary because of, and not despite, its global aspirations. I argue that Ottoman sovereignty conceived in the image of a juridical ummah found its terrestrial expression in the Ottoman nation: to the categorical exclusion of non-Muslims, predominantly Armenians; the conditional inclusion of subaltern Muslims; and the tacit rejection of Black Africans. This article thus explores imaginative entanglements of law, race, and religion in the age of empires. [ABSTRACT FROM AUTHOR]

This article asks how, in early post-World War II Canada, Syrian, Armenian, and Lebanese communities claimed whiteness in the context of Canada's racially restrictive immigration regulations that defined them as "Asiatics," and hence inadmissible. But, it also examines how Canadian politicians and immigration bureaucrats responded to those claims. Using so-far untapped archival records, this article shows that immigration authorities were unwilling to redefine the racial status of these groups out of fear that doing so would provide a wedge for other groups of "Asiatics" to press for the ability to migrate to Canada. In this case, Syrians, Armenians, and Lebanese could be regarded as experiencing collateral damage in the politics of whiteness. While Canadian immigration authorities seemed to privately accept the white/European identity claims of these groups, they were nonetheless unwilling to publicly grant them one of the privileges of whiteness – namely the ability to migrate to Canada on a basis equal to that of other white immigrants. Instead, the government used "merit-based" orders-in-council as an under the radar administrative mechanism to admit members of these groups. This allowed the government and the immigration department to avoid a larger public debate about racial discrimination against "Asiatic" immigrants. [ABSTRACT FROM AUTHOR]

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for reconstructing the meaning of the terms 'refugee' and 'right to health'. A refugee is a person who needs international protection because of a well‐founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non‐international armed conflict. The right to health, which includes, inter alia, entitlements to a 'system of health protection' and 'underlying determinations of health', is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees' health, which can jeopardise the fragile good of refugee health. [ABSTRACT FROM AUTHOR]

This paper explores the notion of loneliness as lack of solidarity in relations to Palestinians living in the Occupied Palestinian Territory, Israel, and the diaspora. Loneliness as lack of solidarity is defined as lacking someone to identify with and/or lacking someone who is willing to assist while carrying a burden. We describe the mechanism of lack of identification using the concept of epistemic injustice. The paper suggests that art may serve as a way to mitigate this kind of loneliness, and focus on the Freedom Theater, which was operating in Jenin Refugee Camp until recently. [ABSTRACT FROM AUTHOR]

Immigration status and related policies have a significant impact on health outcomes. Yet major national health surveys currently provide little or no information about immigration status, rendering subgroups of noncitizens largely invisible. Even measures of citizenship, nativity, country of birth, and years in the United States, which provide critical information about immigration history, are not consistently included in national data sets. The main objections to asking directly about immigration status are that (1) such questions are too stigmatizing, risking lower response rates and inaccurate responses; and (2) answering the questions may expose respondents to possible immigration or criminal consequences. Our analysis shows that these objections are unfounded or can be mitigated. National health surveys have evolved over the past decades to include questions about mental health, substance use, sexual orientation, and gender identity—topics once assumed to be too stigmatizing to ask about, with possible negative legal consequences. We argue that the time has come to obtain more detailed information about immigration status as well as to consistently include the measures of immigration history mentioned so that we can better evaluate the health consequences of immigrant-related policy choices. (Am J Public Health. 2025;115(1):75–82. https://doi.org/10.2105/AJPH.2024.307867) [ABSTRACT FROM AUTHOR]

Globalization supported by advances in transformation technology has encouraged the mobility of the world's population to visit other countries in turn. In the destination country, these people are known as foreigners. The mobility of these foreigners is motivated by various reasons, such as business, research, tourism, study, and various other reasons. Indonesia is one of the countries involved in the global chessboard, of course it must be ready for the various consequences that arise, especially related to the entry and exit of foreigners in the territory of Indonesia. The authority of the Police in supervising, securing, and taking action against foreigners in Indonesia has fluctuated between being present and non-existent, resulting in legal uncertainty regarding involvement the Police. Theoretically, the regulation of authority the Police in supervising, securing, and taking action against foreigners in Indonesia, there is a dissynchronization between the 2011 Immigration Law and the 1945 Constitution of Republic Indonesia and its implementing regulations, as well as disharmony between the 2011 Immigration Law and the Police Law, and the Criminal Procedure Code, so that in its implementation it results in apathy or passivity in supervising, securing, and taking action against foreigners in Indonesia. [ABSTRACT FROM AUTHOR]

This Essay seeks to encourage Christians – especially those working communities who identify with or are perceived as evangelical – who speak and advocate for greater humanity in immigration to engage more deeply with the interconnectedness of racial justice and immigration law and policy today. Framing a self-consciously Christian approach to immigration to include concerns about racial justice raises challenges related to the fraught nature of both immigration and racial discourse during an era of deep politicization and polarization. But positive practical effects might also follow from such engagement, such as enhancing Christian communities’ ability to ameliorate the harms imposed by contemporary immigration enforcement on people of color, bringing Christians into greater proximity with the concerns animating movements for immigrant and racial justice, and theological enrichment around faith-based discourse regarding immigration. [ABSTRACT FROM AUTHOR]

This study aims to highlight the critical need to update the provisions on departure prevention in Indonesia's Immigration Law, specifically addressing the legal uncertainty arising from the phrase "at any time" in Article 97 Paragraph (1), which has the potential to cause prevention without an exact time limit. The study utilized a qualitative approach, employing a combination of legal analysis and empirical observation. The case approach allowed the author to analyze court decisions or concrete cases related to departure prevention, providing insights into how these regulations were implemented in practice and their implications for individual rights. The analysis focused on the implications of these legal frameworks for individuals' rights and the effectiveness of departure prevention measures, drawing connections between legal norms and their practical outcomes. The research provides a foundation for further discussions on enhancing legal certainty and protecting individual rights within the immigration framework, thereby contributing to the overall improvement of the legal system in Indonesia. [ABSTRACT FROM AUTHOR]

Objective: This study explored the predictive relationship among international student trauma responses, visa status anxiety, and perceived institutional support. Researchers also sought to understand the relationship between help seeking behaviors and trauma exposure responses. Participants: International students (n = 172) from U.S. colleges and universities enrolled since March 2020. Methods: Data were collected via an electronic survey administered during the fall 2020 academic term. Results: The model was found to be significant, explaining 67% of the variance of student trauma responses. Anxiety surrounding students' ability to stay in the U.S. was found to be the greatest contributor to the model. Additionally, particular clusters of trauma symptomatology were significantly correlated with help seeking from specific individuals within student networks. Finally, students reported moderate levels of mental health help seeking behaviors, with friends and family being the most likely sources sought out for help. Conclusions: Despite focus on students' health and wellness concerns related to the COVID-19 pandemic, visa policy uncertainty was a primary driver of self-reported trauma symptomatology at the onset of the pandemic. [ABSTRACT FROM AUTHOR]

The relationship between race and labour has been analyzed from different theoretical perspectives. Some have focused on the connection between race and the extraction of surplus from people of colour, Black people in particular Others have integrated race within the context of capitalism as a world system or have focused on race as a category of exploitation that defines both feudalism and capitalism that is essential for the survival of capitalism. This paper argues that, to understand the relation between race and labour, race must be understood as legal status. Race is a set of legal rights given to or withheld from workers because of loosely defined and arbitrarily selected physical characteristics. By assigning different rights to workers based on race, their labour is racialized, and race becomes an important element to the functioning of capitalism because it defines the value of labour. As legal status, race is defined and enforced by the state. In addition, this paper analyses the development of US naturalization and immigration law from 1790 to 1964, selected as an example of the process of racialization of labour. Specifically, it discusses the process of racialization of labour by connecting it to the concept of Westphalian sovereignty and the differentiation between natural and political rights. It concludes that, between 1790 and 1965, race supported the development and stability of US capitalism through the development of three distinct highly racialized labour markets: the Northeast, mostly defined by the racialization of European workers along a scale of whiteness; the West, determined by the racialization of Asian and, later, Latino workers; and the South, characterized by the racialization of African Americans and selected southern European workers, Italians in particular, and, later, Latino workers. These three markets operated in symbiosis with each other and featured different forms of racialization of labour, as defined by different forms of enforcement of race as legal status, ranging from the Chinese Exclusion Act of 1882 on the West Coast to the Jim Crow System that emerged in the southern states after the Compromise of 1877 and the Immigration Act of 1924 that dramatically limited immigration from southern and Eastern Europe. [ABSTRACT FROM AUTHOR]

Drawing on an original, interview-based case study of Immigration and Customs Enforcement (ICE) and a synthesis of six decades of social science literature, this Article offers a theory of physical violence in the administrative state that challenges foundational assumptions about administrative law. Approximately one-fifth of federal employees work for administrative agencies that police, fight wars, enforce immigration law, or incarcerate people-in other words, agencies that use force to execute the laws. These agencies are saturated with administrative law that obligates frontline administrators to confer due process, give notice, behave nonarbitrarily, and comply with law. Yet this law often fails to constrain administrators, with unauthorized violence as the result. [ABSTRACT FROM AUTHOR]

The visa application process is laden with discretion and reinforced by consular nonreviewability--an extensive form of judicial deference. Until recently, courts recognized a small exception to consular nonreviewability. Under this exception, courts engaged in limited review of a consular officer's decision when visa denials implicated the fundamental rights of U.S. citizens. The Court curtailed this exception in United States Department of State v. Muñoz, anointing consular officers with nearly complete power over visa decisions. This deference jeopardizes the integrity and fairness of the immigration system, leaving visa applicants and their U.S. citizen sponsors at the mercy of consular officers. This not only fosters an arbitrary visa system but also conflicts with broader immigration system and administrative law trends. This Note traces the accidental history of consular nonreviewability--from its racially motivated origins to its full-fledged indoctrination in Muñoz. This Note proposes an amendment to the Immigration and Nationality Act: Consular officers should be required to provide factual and timely explanations for visa denials. Such a requirement would inject greater fairness into the visa application process and better align it with broader immigration law--without sacrificing the values underpinning consular nonreviewability. [ABSTRACT FROM AUTHOR]

This article aims to lay bare the contradictions between on the one hand the technocratic discourse of the EU praising the contribution of migrant workers to the economy of receiving countries and on the other hand the discriminatory impact of law and policy in the fields of free movement and immigration. Drawing from Luca Mavelli's concept of neoliberal citizenship, it submits that both free movement law and EU immigration law are connected to a broader transformative framework of neoliberal political economy where rationalities of value exclude, dispose or sacrifice those with low economic or emotional value for receiving countries. [ABSTRACT FROM AUTHOR]

In the United States (US), children's 'best interest' principles are central to child welfare policy, but their incorporation into immigration laws is less robust. Drawing on data from international and domestic policies, interviews with legal professionals and legal guidelines, we compare how Special Immigrant Juvenile Status (SIJS) and asylum – the main forms of immigration relief for undocumented youths in the US – align with children's best interest principles. SIJS, while promising, undermines family integrity by imposing rigid child‐rearing standards that may penalize immigrant families. Asylum upholds family integrity, but the application process involves intense interviews and strict evidentiary standards that harm youths' well‐being. Given asylum's high denial rates, the process often results in trauma without much promise of the permanency asylum can offer. Consequently, both SIJS and asylum fall short of protecting children's rights and best interests. We argue that how legal systems manage youths significantly affects youths' well‐being and their access to rights and benefits. The impact of legal processes on youths should be paramount to best interest policies and practices. We conclude with policy recommendations for SIJS and asylum that better promote children's best interests. [ABSTRACT FROM AUTHOR]

This study explores the challenges of identifying illegal immigrants in South Africa, with a special focus on the role of technology in enhancing immigration control in the eThekwini Metropolitan Municipality (Durban). South Africa faces significant socio-economic challenges, including poverty, unemployment, and high crime rates, exacerbated by unchecked illegal immigration. The study employed a qualitative research approach, utilizing both focus groups and individual interviews with key actors from the South African Police Service (SAPS), the Department of Home Affairs (DHA), Community Policing Forums (CPF), the Urban Improvement Precinct (UIP), and the Safer Cities Department. The findings reveal several key challenges, including a lack of access to shared data and technological devices for verifying immigration status, reliance on instinct and profiling, and insufficient training on immigration laws and procedures. Participants highlighted the inefficiencies in the current system, noting the cumbersome nature of immigration enforcement and the dependence on the DHA to verify the legal status of foreign nationals. Additionally, concerns about bias, racial profiling, and the fear of civil claims against law enforcement were raised. The study suggests that improved interagency cooperation, integration of technological systems, and specialized training for law enforcement might enhance the identification and management of illegal immigrants significantly. Drawing lessons from international best practice in the United States of America (USA) and the United Kingdom (UK), this study recommends the adoption of biometric databases, shared technology systems, and e-visa platforms to streamline immigration control. The findings underscore an urgent need for South Africa to modernize its immigration enforcement mechanisms. This might in turn bolster the country’s efforts to manage the growing challenges of illegal immigration effectively. [ABSTRACT FROM AUTHOR]

The maxim "too much of a good thing can turn sour" holds significant relevance across diverse aspects of life, indicating that exceeding optimal thresholds may result in negative outcomes if not carefully regulated. This principle can be observed in the context of immigration rates in Lithuania, an Eastern European country experiencing significant influxes of foreign nationals. Immigration, defined as the movement of individuals into a country for specific purposes, can lead to adverse consequences when unregulated, such as overcrowding, strained social amenities, increased costs due to heightened demand, and potential rises in crime rates. Lithuania has welcomed foreigners for work, business, research, studies, and other purposes. Additionally, the unstable situation in Ukraine has prompted the Lithuanian government to extend support to Ukrainian citizens, offering incentives such as subsidized education and various forms of assistance. However, the generous immigration policies have faced challenges. The Migration Department, under the Ministry of Interior, recently announced impending stricter immigration laws due to identified irregularities, including instances of fraudulent marriages with Lithuanian citizens. Moreover, the increased cost of amenities, food prices, and housing has raised concerns about the sustainability of current immigration levels. This research focuses on examining the immigration and emigration rates in Lithuania and their economic impact over a decade (2013-2022). The study will involve sourcing data from official websites, conducting statistical analyses, and drawing insights from the analyzed data. The goal is to postulate findings, offer recommendations, and draw conclusions on the relationship between immigration rates and economic outcomes in Lithuania.. [ABSTRACT FROM AUTHOR]

The editorial discusses the impact of borders on migration, imperialism, and tragic deaths, particularly in the context of European policies and colonial legacies. It highlights the violence and suffering experienced by migrants, especially those crossing the English Channel in small boats. The text also delves into the intersection of immigration, terrorism, and border control, emphasizing the structural inequalities and exploitation faced by undocumented migrants. Additionally, it contrasts the media coverage and public response to migrant deaths with those of affluent individuals involved in luxury yacht disasters, underscoring the disparities in attention and empathy. [Extracted from the article]

In "Article 8 ECHR, Family Reunification and the UK's Supreme Court: Family Matters?" by Wray, the complex relationship between Article 8 of the European Convention on Human Rights and family reunification in the UK is explored. Wray critically analyzes the UK Supreme Court's interpretation of human rights in immigration cases, particularly focusing on the best interests of children affected by immigration law. The book delves into the evolving nature of jurisprudence surrounding immigration and human rights, emphasizing the importance of judicial discretion in safeguarding fundamental liberties, especially in cases involving family reunification. [Extracted from the article]

This article examines the complex relationship between investment visas and tax residency within the context of increasing global mobility. As cross-border investments and the movement of high-net-worth individuals continue to grow, the process of determining tax residency has become more complicated and nuanced. The study investigates how countries use investment visa programs as strategic tools to attract capital, often by offering favorable tax regimes that blur traditional tax jurisdictional boundaries. While these programs are effective in drawing economic resources, they also raise ethical concerns and create opportunities for tax avoidance, thereby challenging the integrity of global tax systems. By analyzing current legal frameworks, the article seeks to clarify the complexities of tax residency in today's world. It addresses the challenges arising from the intersection of investment-driven immigration and tax law, emphasizing the difficulties in establishing clear tax obligations and residency status when individuals and their assets are dispersed across multiple juri sdictions. The ethical issues associated with these investment programs are also scrutinized, particularly the commercialization of citizenship and the risks of facilitating tax evasion. The article calls for a reevaluation of existing tax residency criteria, advocating for updates that reflect the realities of global mobility while ensuring legal certainty and fairness. Ultimately, the conclusions highlight the need for a more cohesive international framework to address the challenges and opportunities arising from the dynamic interplay between investment visas and tax residency. [ABSTRACT FROM AUTHOR]

Background: The global movement of people in the context of strict immigration laws and policies places significant numbers of people in insecure migration status worldwide. Insecure status leaves people without recourse to legal, governmental or social protection from violence and abuse. This review synthesized qualitative studies that reported how migrants associated physical and physically enforced sexual violence they experienced with their insecure migration status. Methods: We conducted a qualitative evidence synthesis of 31 studies published between 1 January 2000 and 31 May 2023, with data from Europe, North America, East Asia, South Asia, the Middle East and Africa. Our thematic synthesis produced 14 inductive descriptive codes, four descriptive themes and three analytical themes. Results: We generated robust qualitative evidence showing that women experienced sexual violence while in transit or without status in a host state, and that they associated that violence with their insecure migration status. This was the case across the various geographic routes and destination countries. We found evidence that women associated intimate partner violence with lacking (legal) access to support because of their insecure migration status. We found evidence that women connected their unwillingness to leave violent circumstances, and therefore their prolonged or repeated exposure to violence, with a fear of immigration removal produced by their insecure migration status. Conclusion: To protect people in insecure migration status from experiencing violence that they associated with their migration status, it's necessary to ensure that the reporting of violence does not lead to immigration enforcement consequences for the victim. [ABSTRACT FROM AUTHOR]

AbstractResearch on foreign nationals’ crime and victimization outcomes heavily relies on binary “immigration status” measures that fail to account for the legal parameters of U.S. citizenship and immigration laws. This study demonstrates the potential misclassification of foreign-born U.S. citizens, the sanitization of foreign nationals’ heterogeneity, and the masking effect the use of binary measures has on outcomes compared to legally informed proxy statuses. Using the Collaborative Psychiatric Epidemiological Surveys data, this study compares lifetime measures of witnessing violence and sexual victimization outcomes between birthright citizens and five proxy “statuses” as well as intra-group comparisons across foreign nationals. Three weighted multiple logistic regression models were estimated per outcome. The results reveal that using a dichotomized “U.S.-born/foreign-born” measure masks substantive differences in the outcomes. Subanalyses of foreign nationals also suggest that intragroup differences are concealed. The methodological, theoretical, and policy implications of this work are discussed. [ABSTRACT FROM AUTHOR]

American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that doctrine has long insulated immigration policies from constitutional scrutiny. The plenary power doctrine is thought to permit everything from President Trump's Muslim ban to the indefinite detention of migrants at the border. But the reigning historical account of immigration exceptionalism is wrong. Revisiting the field's canonical cases, this Article reveals that the plenary power doctrine lawyers and judges argue over today was not created in a series of late nineteenth-century cases. Far from being exceptional, those cases applied the then-standard framework linking due process and the separation of powers. By failing to understand that nineteenth-century immigration law was ordinary public law, scholars and jurists have, for decades, badly misunderstood immigration law's foundational cases. We have also overlooked the role that immigration law played in the development of modern public law. At the turn of the twentieth century, immigration law evolved apace with the rest of public law as both underwent a dramatic transformation. In some cases, immigration law even led the revolution, driving the development of the legal regime we now call "administrative law." Immigration exceptionalism is thus a recent invention. Indeed, it might be more accurate to say that the immigration plenary power doctrine was invented in the Roberts Court rather than in the late nineteenth century. Once we locate immigration exceptionalism in its proper moment, we can better appreciate immigration law's centrality to the development of American public law. We can also assemble new arguments against the modern exceptionalism that is responsible for the very worst parts of immigration law today. [ABSTRACT FROM AUTHOR]

Taken together these essays reveal both synergies and contradictions between and within immigration and welfare policies. Several common themes emerge. Firstly, while access to the welfare state is an important signifier of membership, in practice claiming certain state benefits is accompanied by suspicion, surveillance and stigma. The good citizen is a worker citizen. Secondly, the importance of the welfare state in putting the nation into the nation-state: the normative national community imagined as the rightful subject of welfare states is racialised and classed. Thirdly, deservingness functions in both welfare states and immigration regimes to prioritise victimhood rather than rights and redistribution. [ABSTRACT FROM AUTHOR]

Against the backdrop of the rise in child migrants across the world, this study advances understanding of the transformative potential of centralizing children's stories and experiences through multi-sensory materials, producing accessible and creative ways to disrupt, counter, and draw critical attention to the impact and legacy of displacement. Focusing on two controversial historic migration/refugee schemes, Kindertransport and Windrush, this study integrates haptics with vision and audition, presenting contemporary children as co-producers/researchers, experts and "experiencers", with former children's objects, stories, memories. [ABSTRACT FROM AUTHOR]

This Note explores the intersection of American immigration law, gender dynamics, and access to higher education through federal student aid, focusing on Indian women who immigrate on an H-4 visa and suffer from domestic abuse at the hands of their H-1B sponsor. Specifically, this Note investigates how widening access to higher education through the expansion of qualifications for student federal aid can serve as a transformative tool in enabling these individuals to escape. With H-4 visa holders facing legal limitations, financial dependency on their H-1B spouses, and cultural barriers, this Note advocates for policy reform that extends federal student aid eligibility to H-4 visa holders. This nuanced policy reform is one of many necessary in dismantling the underlying coverture aspect of the H-1B/H-4 program. [ABSTRACT FROM AUTHOR]

Reflecting on the 100th anniversary of the 1924 Immigration Act, this brief essay suggests that the idea of "US American Empire" forms the telos of the last one hundred years of US immigration policy. Whether in the twentieth or the twenty-first centuries, or under Republican or Democratic leadership, US lawmakers have sought to restrict immigration to those who were deemed most "assimilable." Such moves are not only about preserving or instituting a particular racial character of the United States but ensuring a particular role for the United States globally. [ABSTRACT FROM AUTHOR]

The impact of COVID-19 restrictions and the shift to online teaching has contributed to a growing interest in distance learning across social work education. The authors of this paper are from the Open University, which has over 50 years of experience in distance learning and over the past 30 years e-learning through blended and fully online methods. The paper shares insights from teaching a social work law module to nearly 400 students across the UK. This paper addresses the challenges of integrating social work values and human rights into teaching asylum and immigration law amidst a UK legal discourse that often creates a ‘hostile environment’ for people with precarious immigration status. It explores teaching from a social justice perspective in the context of restrictive domestic laws. Highlighting the co-production of learning materials with civil society groups through videos and podcasts, the paper emphasizes the importance of including practitioner and migrant, asylum seeker or refugee voices to enrich content. Insights into the practicalities of incorporating these elements into e-learning, along with reflections on the challenges and opportunities, are discussed. [ABSTRACT FROM AUTHOR]

An established literature demonstrates that formerly imprisoned people experience barriers to finding work. However, no research has analyzed how noncitizens experience socioeconomic reintegration following imprisonment. Additionally, while we know many immigrants find work in co-ethnic labor markets, we know little about how these networks respond to individuals with a criminal record. I analyze 321 longitudinal, semi-structured interviews collected between 2013–2016 from 121 noncitizens who were detained by U.S. immigration authorities for six months or longer and then released back into their communities on bond. Results reveal a complex set of socioeconomic reintegration experiences that are shaped by ethnic, legal, generational, and gender stratification in immigrant integration outcomes more broadly. These findings have important implications as immigration laws have become increasingly punitive and intertwined with criminal laws. [ABSTRACT FROM AUTHOR]

The 1917 US Immigration Law marks a significant turning point in migration governance as a whole. More specifically regarding deportation, it shifted from a means of border control to become a post-entry tool of social oversight. Scholars stress that this transition was not sudden and developed gradually during the pre-war decades, yet they overlook how deportation was carried out during the war years immediately preceding the reform. This article discusses how the First World War disrupted deportations to Europe, the pressures this set on migration governance and the solutions the immigration authorities came up with. Apart from legal and humanitarian aspects, the article draws attention to the logistical and financial considerations shaping formal deportation policies and how these were put into practice. It does so from the perspective of an important but much neglected go-between in migration governance: the transatlantic shipping companies. Before 1917 they carried most of the legal, logistical and financial responsibility for executing deportations. In the article I argue that under the new law, shipping companies continued to function as an essential actor in immigration enforcement. Yet, by granting more leeway to the immigration authorities to carry out deportations independently, the law marked a crucial turning point in reducing the responsibility of transport companies for migration governance. [ABSTRACT FROM AUTHOR]

The article focuses on the intersection of criminal and immigration law, particularly the responsibilities of criminal defense attorneys when advising non-citizen clients. Topics include understanding the Padilla v. Kentucky decision, categorizing non-citizen defendants based on their immigration status, and the legal consequences of various criminal offenses on deportation and lawful status.

Safety net organizations in rural regions face structural barriers to providing services. Organizations that serve rural Latino communities may face additional barriers related to restrictive immigration policies and anti‐immigrant climates. This study examines the impacts of restrictive immigration policies on safety net organizations that provide critical services to Latinos in rural areas to elucidate the mechanisms by which immigration policies influence Latino health. We conducted a qualitative analysis of 20 in‐depth interviews with safety net organizations providing legal, nutritional, healthcare, labor, educational, and advocacy services to Latinos in rural California. Rural Latino‐serving safety net organizations face immigration‐related funding restrictions and anti‐immigrant climates. Under restrictive immigration policies, rural safety net organizations are forced to extend beyond their organizational missions to circumvent immigration‐related funding restrictions and address anti‐immigrant climates to deliver their services. Staff working in these organizations are at the frontlines of anti‐immigrant climates and experienced an emotional toll from their work. States should address anti‐immigrant climates and increase funding to support organizations who serve Latinos in rural regions. To ensure that rural safety net organizations meet their mission, immigration‐related eligibility requirements from safety net services should be removed. In addition, funders should allocate resources towards mental health services to address the impacts of anti‐immigrant climates on staff who serve in rural Latino communities. [ABSTRACT FROM AUTHOR]

Background: Access to health services for asylum seekers is legally restricted in Germany. The law is subject to interpretation, therefore the chance of receiving care is not equally distributed among asylum seekers. What services are provided to whom is ultimately decided by health professionals and government employees. The respective prioritization processes and criteria are not transparent. We sought to understand how legal restrictions are translated into daily practices and how this affects the health system. We aimed to outline the complex process of cost coverage for health services for asylum seekers and provide insights into common decision-making criteria. Methods: We conducted an ethnographic exploration of routines in two outpatient clinics in two federal states over the course of three months, doing participant and non-participant observation. Additionally, we interviewed 21 professionals of health care and government organizations, and documented 110 applications for cost coverage of medical services and their outcome. In addition to qualitative data analysis and documentation, we apply a system-theoretical perspective to our findings. Results: To perform legal restrictions a cross-sectoral prioritization process of medical services has been implemented, involving health care and government institutions. This changes professional practices, responsibilities and (power) relations. Involved actors find themselves at the intersection of several, oftentimes conflicting priorities, since "doing it right" might be seen differently from a legal, medical, economic, or political perspective. The system-theoretical analysis reveals that while actors have to bring different rationales into workable arrangements this part of the medical system transforms, giving rise to a sub-system that incorporates migration political rationales. Conclusions: Health care restrictions for asylum seekers are implemented through an organizational linking of care provision and government administration, resulting in a bureaucratization of practice. Power structures at this intersection of health and migration policy, that are uncommon in other parts of the health system are thereby normalized. Outpatient clinics provide low-threshold access to health services, but paradoxically they may unintentionally stabilize health inequities, if prioritization criteria and power dynamics are not made transparent. Health professionals should openly reflect on conflicting rationales. Training, research and professional associations need to empower them to stay true to professional ethical principles and international conventions. [ABSTRACT FROM AUTHOR]

The 2023 decision in United States v. Sitladeen by the United States Court of Appeals for the Eighth Circuit presents a significant moment in the ongoing debate over illegal immigration and gun control. The court held that unlawfully present aliens in the United States are not encompassed within "the people" protected by the Second Amendment, thereby upholding the constitutionality of 18 U.S.C. § 922(g)(5)(A). This decision accentuates a circuit split, as most other circuits have allowed for some Second Amendment protections for unlawfully present aliens. This Comment discusses the facts and procedural history of Sitladeen, the numerous tests the Eighth Circuit could have employed in analyzing Sitladeen's Second Amendment challenge, and possible policy implications of the circuit split and the broader impacts of the Sitladeen decision on firearm regulations and immigration law. [ABSTRACT FROM AUTHOR]

The case of Mary Masako Akimoto illuminates how carceral systems based on immigrant criminalisation, known as crimmigration, intersected with gendered notions of decent and indecent work in 1930s America. Mary Akimoto was deported from the USA in compliance with US anti‐sex trafficking law for the crime of selling sex in a brothel (indecent work). Yet, as part of her rehabilitation or as a requirement of her release in the months and years that followed her initial arrest, she regularly found herself in coerced labour situations engaging in vocations gendered as decent work. [ABSTRACT FROM AUTHOR]

Clarifying the extent to which existing legal regimes afford protection to climate migrants must be part of an effective and coordinated response to climate change. This Note argues that climate refugees, a group which it narrowly defines as those who meet the requirements of the 1951 Refugee Convention because they have experienced climate change-induced harm amounting to persecution, should qualify for asylum under U.S. immigration law. To establish an initial asylum claim, climate refugees must demonstrate persecution on account of one of the Refugee Convention's five protected grounds. Either membership in a particular social group or nationality could be an appropriate basis. In the context of climate change, the accumulation of slow- and rapid-onset harm inflicted by high-emitting actors in the Global North, against which climate refugees' governments are unable or unwilling to protect them, should constitute persecution. Actual or constructive knowledge of the relationship between high-emitting activities, climate change, and damage to climate-vulnerable populations should establish a nexus between persecution and the protected ground. Successfully meeting these criteria establishes a well-founded fear of future persecution, which the U.S. government may rebut. To overcome such a refutation, climate refugees should argue for humanitarian asylum based on their fear of experiencing "other serious harm" if repatriated, which provides an opportunity to introduce the full range of evidence of climate change-related harm. While most climate migrants will not meet the criteria for climate asylum, those who qualify should benefit from this established form of protection. [ABSTRACT FROM AUTHOR]

The criminal and immigration systems in the United States have increasingly overlapped, adversely affecting noncitizens even distantly involved in criminal activity. Individuals without legal status who have engaged significantly with a criminal organization can cooperate with law enforcement in exchange for formal immigration benefits. There are no formal protections, however, for individuals residing in the country without legal status who have engaged in minor criminal activity--so minor that charges are not brought against them--even when they cooperate with law enforcement to provide information on the larger criminal scheme. This seemingly contravenes the goals of criminal and immigration law by failing to protect vulnerable accomplices who have not been charged with wrongdoing. This Note proposes shielding such susceptible populations by expanding immigration protections. In the criminal sphere, charged individuals who lack the ability to render the substantial assistance needed for formal cooperation can still be eligible for a "safety valve" if, in good faith, they provide details on the activities that they partook in. Recipients of safety-valve protections receive sentences below the defined statutory minimums for the crimes they have committed. They do not obtain as much of a reduction in sentencing as formal cooperators or informants do but still benefit from engaging honestly with law enforcement. This Note proposes mirroring such a protection--a lesser version of the S visa modeled after the safety valve--into the immigration context. [ABSTRACT FROM AUTHOR]

In the contemporary global context, the challenge of integrating immigrants into host societies has gained prominence. This paper delves into the perceptions and experiences of Afghan immigrants in Iran regarding immigration policies and laws. Employing a constructivist grounded theory methodology, the study aims to uncover participants' interpretations and the meanings attributed to immigration policies and laws. Grounded theory analysis, involving initial, focused, and theoretical coding, was employed to collect data. The results reveal that current immigration laws and policies in Iran have led to economic disparities, limited educational opportunities, social isolation, and identity challenges for Afghan immigrants. Iran's integration policies lean towards exclusion. Consequently, Afghan immigrants experience a weakened sense of belonging in the country. Therefore, our study suggests the importance of implementing integration theories and policies instead of those promoting disintegration. Such policies not only hinder immigrants' assimilation but also impede the overall progress of the host nation, thus undermining social cohesion. [ABSTRACT FROM AUTHOR]

The Regulation that develops the Law on Immigration is one of the legal instruments that regulates the operation and organization of the public administration in relation to immigration issues. This regulation is currently being modified and will experience a profound transformation. Recently, the draft reform has been published to be submitted to public hearing and information in order to gather the opinion of the citizens. On this occasion and using the contributions developed by the Movimiento por la Paz -MPDL-, a few observations on the main sections of this project from a human rights-based approach will be done. The comments will be focused on some of the issues in which the regulation is most harmful to the interests and rights of the migrant population. Specifically, humanitarian visas as a mechanism to stop migrant deaths, safe reporting mechanisms for undocumented migrants and, finally, forms of regularization for displaced children. [ABSTRACT FROM AUTHOR]

In an era where migration and asylum are becoming more securitized, this article argues that unruly action by asylum seekers contributes to decolonization through challenging stratified citizenship and hierarchical immigration laws. I argue through a case of members of the Zimbabwe Vigil in London that diasporas challenge the system within their countries of settlement, enhancing self‐determination, and speak back to their homelands by demanding rights where excluded. The article draws from 20 key informant interviews conducted with members of the Zimbabwe Vigil in London and their partners on the ground in Harare, Zimbabwe. Through speaking back to the homeland, these individuals play a role in challenging coloniality within the homeland and thus are agents of decolonization. Ultimately, the article answers calls by scholars to expand and challenge the way we have conceptualized diaspora in addition to the literature on diaspora lobbying, engagement and decolonization. [ABSTRACT FROM AUTHOR]

U.S. immigration law has always been a place for Americans to enact their many prejudices. Often, it edifies norms that exclude and subordinate noncitizens due to their race, gender, or socioeconomic status. As a result, immigration law and policy create great human suffering through actions such as separating families, excluding refugees, and detaining noncitizens. In response, scholars are engaging in a distinctive method of interrogating immigration law. We call this analytic method Critical Immigration Legal Theory ("CILT"). Derived from critical race theory and other similar theories, CILT critiques facially colorblind immigration laws to expose their subordination of immigrants based on race and other historically oppressed identities, while challenging the fixed legal categories of alienage and citizenship by defining new ways of belonging. It also uses anti-essentialism to contest the negative stereotypes of immigrants as undesirable outsiders as well as the positive stereotypes of deserving immigrants and "model minorities" that encourage respectability politics. Further, CILT has a central praxis dimension that aspires to transform immigration law and its treatment of noncitizens by aligning with immigrant rights movements that are mobilizing for social change and legal transformation. Our goal is to recognize the trend of CILT methodology within immigration law scholarship as a means of contestation, resistance, and praxis. CILT has emerged out of the growing cadre and diversity of immigration law scholars and the increasingly blurred lines between law scholar, lawyer, and activist. Their lived experiences--personal and professional--inform their perspectives on the systems of power that subjugate the noncitizens with whom they collaborate. By describing current CILT approaches, we hope to begin a conversation for others to connect, weigh in, and build on our description. We conclude by considering the implications of CILT, from the potential for backlash to how it changes the way that immigration law scholars teach and work with students, clients, and communities. [ABSTRACT FROM AUTHOR]