Returned to Risk: Deportation of HIV-Positive Migrants

Returned to Risk: Deportation of HIV-Positive Migrants (Human Rights Watch, 2009) Adrea Mortlock was 15 in 1979 when she arrived in New York from Jamaica, leaving behind the abusive household where she had lived since her mother, years earlier, had left for work in the United States. In 1987, she was convicted of selling cocaine and served a year in prison. A legal permanent resident of the United States with a US-citizen daughter and son, Ms. Mortlock was ordered deported Read More

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers (Human Rights Watch, 2009) This report examines the treatment of migrants, asylum seekers, and refugees in Libya through the eyes of those who have left that country and are now in Italy and Malta. These people, unlike their counterparts who are still in Libya, are free to talk about their experiences without fear of retribution. The report has two purposes. Read More

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics (Sarah H. Paoletti, 30 U. Pa. J. Int’l L. 1171 (2009)) In response to the abuses migrants face, migrants and advocates have historically engaged in advocacy on two parallel tracks, with one camp operating in the domestic sphere and the other camp operating in the international arena. In recent history, domestic advocates have begun to cross into the international advocacy field frustrated by the lack of state and federal Read More

Forced Apart (By the Numbers): Non-Citizens Deported Mostly for Nonviolent Offenses

Forced Apart (By the Numbers):  Non-Citizens Deported Mostly for Nonviolent Offenses (Human Rights Watch 2009) Human Rights Watch. 2009. “Forced Apart (By the Numbers): Non-Citizens Deported Mostly for Nonviolent Offenses.” https://www.hrw.org/report/2009/04/15/forced-apart-numbers/non-citizens-deported-mostly-nonviolent-offenses. This report, based on data from Human Rights Watch obtained in August 2008 from US Immigration and Customs Enforcement (ICE), reveals which kinds of non-citizens have been deported from the United States between 1997 and 2007 under which laws and for what types of crimes.  The goal of the report Read More

Displacement and stigma: The Social-psychological Crisis of the Deportee

Displacement and stigma: The Social-psychological Crisis of the Deportee (David C. Brotherton & Luis Barrios, Crime Media Culture vol. 5no. 1 29-55 (2009)) The phenomenon of forced repatriation for non-citizens has grown exponentially since the passing of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Patriot Act of 2001. This development is the `natural’ result of the three wars on the globalized `other’: the war on drugs, the war on terrorism, and the war on the immigrant Read More

The Co-operation on Readmission and Enforced Return in the African-European Context

The Co-operation on Readmission and Enforced Return in the African-European Context (2009, Jean-Pierre Cassarino) Despite the reluctance of most African countries to enter into standard readmission agreements, alternative methods of bilateral co-operation with European countries on enforced return have gained momentum over the last decade. These alternative methods of co-operation include memoranda of understanding, exchanges of letters, pacts, and police co-operation agreements, which include a readmission clause. They do not constitute standard readmission agreements. However, they are agreements with serious Read More

Exploitation Nation: The Thin and Grey Legal Lines between Trafficked Persons and Abused Migrant Laborers

Exploitation Nation: The Thin and Grey Legal Lines between Trafficked Persons and Abused Migrant Laborers (Dina Francesca Haynes, 23 Notre Dame Journal of Law, Ethics & Public Policy 1 (2009)). People around the world are on the move, pushed by external events such as civil war, political upheaval, and increasingly environmental disasters and pulled by the lure of a better life, a better job, a better way to provide for their families. The United States has created an inconsistent legal framework for Read More

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law (Marouf, Fatma E. & Deborah E. Anker, 103 American Journal of International Law 784 (2009)). Over the past two decades, international human rights law has provided an increasingly useful framework for interpreting key criteria of the definition of a refugee. A human rights-based approach to analyzing refugee status helps to increase consistency and uniformity in decision making by state parties regarding who qualifies for international protection. Read More

Immigration Law’s Organizing Principles

Immigration Law’s Organizing Principles (Cox 2009) Adam B. Cox, “Immigration Law’s Organizing Principles” (John M. Olin Program in Law and Economics Working Paper No. 453, 2009). Immigration law and scholarship are pervasively organized around the principle that rules for selecting immigrants are (and should be) fundamentally different from rules that regulate the lives of immigrants outside the selection context. Both courts and commentators generally conclude that the government should have considerably more leeway to adopt whatever selection rules it sees Read More