Nowhere to Run: Iraqi Asylum Seekers in the UK

Nowhere to Run: Iraqi Asylum Seekers in the UK (Helen Hintjens, Race Class October-December 2012, vol. 54 no. 2 88-99) This article, covering the period 2003–2010, is concerned with those Iraqis whose asylum claims in the UK have been rejected in recent years and who have found ‘nowhere to run’. A deterrence-based UK immigration regime has undermined many of their basic rights since the start of the war. And despite wide public knowledge about the dangers of return to Iraq, failed Read More

Post-Deportation Health: A Humanitarian Assessment

Post-Deportation Health: A Humanitarian Assessment (No More Deaths, 2012) Objective: This report explores the health impact of US repatriations on people returned to northern Mexico through interviews with adults in the border town of Nogales. The objective of the humanitarian assessment was to describe the perceptions of post-deportation health and the variables linked to higher risk or distress for deported men and women. Background: Nogales, Sonora, Mexico is a small city abutting the international boundary and adjacent to Nogales, Arizona. Read More

Deporting the Pardoned

Deporting the Pardoned. Cade, Jason A. U.C. Davis Law Review (Vol. 46, 2). 2012. Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that Read More

Illegal Emigration: The Continuing Life of Invalid Deportation Orders

Illegal Emigration: The Continuing Life of Invalid Deportation Orders (Richard Frankel, 2012) Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their prior status of being lawfully present in the United States, federal immigration authorities have used the fact Read More

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement (2012, Leana Podeszfa & Friederike Vetter) In today’s mobile world, questions of rights and democracy cannot be limited to the borders of nation states. In this article, Leana Podeszfa and Friederike Vetter explore the human rights abuses that can occur when failed asylum seekers from Africa are returned to their country of origin. Leana Podeszfa is a graduate of the MPhil in Development Studies at the Read More

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers (2012, Leana Podeszfa & Charlotte Manicom) Although the fate of deported asylum seekers remains largely undocumented, a number of organisations have compiled evidence that the human rights of refused asylum seekers are being violated upon return. Deportees are often arrested, put in prison, and tortured. Some are charged with treason; some disappear altogether. Using the example of the United Kingdom, this article argues that such deportations amount to refoulement, and Read More

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness? (Timothy P Fadgen and Guy Charlton, Victoria University of Wellington Law Review Vol. 43, Issue 3 (Sep 2012)). New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the Read More

Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and their Children

Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and their Children (Sarah Hill Rogerson, 2012) Parents without immigration status in the United States regularly face the threat of deportation and separation from their children. When an undocumented parent is brought to the attention of law enforcement through the child welfare system, they also face the potential of the loss of legal custodial rights to their children. The child welfare system and immigration enforcement mechanisms Read More

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights (Christopher Michaelsen, International and Comparative Law Quarterly, 61(3), 2012) On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v United Kingdom.1 Abu Qatada, a radical Muslim cleric once described as ‘Osama bin Laden’s right-hand man in Europe’, was convicted in absentia in Jordan for various terrorist offences.2 He alleges, however, that part of the evidence Read More

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka (2012, Michael Collyer) The forced removal of foreign nationals has been a relatively uncommon occurrence in liberal democracies, at least since the 2nd World War. This can be explained by both the inherent violence of this process, which raises widespread public opposition, and by the geopolitical difficulties it raises, as there must be agreement of both countries concerned. In recent years these problems appear Read More

The Family Rights of European Children: Expulsion of Non-European Parents

The Family Rights of European Children: Expulsion of Non-European Parents (Gareth T. Davies, 2012) In Ruiz Zambrano and Dereci the European Court of Justice found that EU law prohibits expulsion of a family member of a Union citizen if that expulsion would force the Union citizen to leave the Union too. This is of particular importance where the Union citizen is a child, since children are particularly dependent upon their parents and perhaps cannot be expected to remain behind without Read More

Immigration Law and the Proportionality Requirement

Immigration Law and the Proportionality Requirement (Michael Wishnie, 2 U.C. IRV. L. REV. 415 (2012)). Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. Doctrinal and theoretical debates concerning proportionality review of criminal sentences, civil punitive damages awards, and other sanctions Read More

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness (Mary Holper, Nebraska Law Review 90, no.3 (2012): 647-702). A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void for vagueness because courts had long held the noncitizen’s offense, fraud, to be a CIMT, so he Read More

Separation, Deportation, Termination

Separation, Deportation, Termination (Marcia Yablon-Zug, 32 B.C. J.L. & Soc. Just. 63 (2012)). There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child’s best interest. This requirement is unique to immigrant parents and can have a disastrous impact on their ability to retain custody of Read More

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings (Aliza B. Kaplan, 26 Geo. Immigr. L.J. 523, 2012) In May 2011, in Matter of M-A-M, the Board of Immigration Appeals (BIA) for the first time examined the issue of mentally disabled aliens and their vulnerability in immigration proceedings. To assist Immigration Judges (IJs), the BIA created a framework to analyze cases where issues of mental competency are raised. While this decision appears to recognize the unjust Read More

Working with Deported Individuals in the Pacific: Legal and Ethical Issues

Working with Deported Individuals in the Pacific: Legal and Ethical Issues (UNDP Pacific Centre, 2012) Deportation as described by the International Organization for Migration (IOM) refers to “the act of a State in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain.” Therefore, for criminal deportation cases this refers to the removal of an alien (non-citizen) after committing a criminal act in the Read More