A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome

A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome (Levin 2017) Levin, Dan. 2017. “A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome.” The New York Times, August 10. https://www.nytimes.com/2017/08/10/world/americas/a-surge-of-migrants-crossing-into-quebec-tests-canadas-welcome.html. Despite the Canadian government’s lifting of a temporary protection policy for Haiti in 2014 leading to resuming deportations this past March, Haitians are continuing to flood over the U.S.’ northern border into Canada.  Around 1,500 asylum-seekers crossed the border into Quebec in July and according to the Canada Read More

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic (Amnesty International 2016) Amnesty International. “‘Where Are We Going to Live?’: Migration and Statelessness in Haiti and the Dominican Republic.” 2016. https://www.amnestyusa.org/files/amr3641052016_where_am_i_going_to_live.compressed.pdf. In December 2013, the Dominican Republic set out an 18-month National Regularization Plan for Foreigners with Irregular Migration Status aimed at foreigners who had migrated to the Dominican Republic. In the same month, the government announced a suspension of all deportations, but promised Read More

Report on the Situation of Human Rights in the Dominican Republic

Report on the Situation of Human Rights in the Dominican Republic (IACHR 2015) Inter-American Commission on Human Rights. “Report on the Situation of Human Rights in the Dominican Republic.” 2015. http://www.oas.org/en/iachr/reports/pdfs/DominicanRepublic-2015.pdf. The Inter-American Commission on Human Rights is presenting this report to examine the situation with regard to the rights to nationality, legal personality, equality and nondiscrimination, as well as other related human rights from the situation created by judgment TC/0168/13 of the Dominican Republic’s Constitutional Court on September 23, 2013. Read More

“Without Papers, I Am No One”: Stateless People in the Dominican Republic

“Without Papers, I Am No One”: Stateless People in the Dominican Republic (Amnesty International, 2015.) A 2013 Constitutional Court judgment (Judgment 168-13) has made statelessness a matter of law for several generations of Dominicans of foreign descent. This report shows that several groups of people, mostly of Haitian descent, living in the country remain stateless. People who are stateless in the Dominican Republic and lack identity documents are denied a range of human rights and prevented from participating fully in Read More

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin (2015, Charlotte Blondel, Marie Conciatori, Nausicaa Preiss, Meritxell Sayos Monras, Suzanne Seiller, Janine Uhlmannsiek ) Following the recent crisis in the Mediterranean Sea, the European Commission presented on May 15th 2015 a new European Agenda centred on the present challenges of global migration. As the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission stated, “with this agenda we confirm and Read More

Case of Expelled Dominicans and Haitians v. Dominican Republic

CASE OF EXPELLED DOMINICANS AND HAITIANS v. DOMINICAN REPUBLIC (Inter-American Court of Human Rights 2014) Inter-American Court of Human Rights. 2014. Case of Expelled Dominicans and Haitians v. Dominican Republic. Submission of the case and synopsis: On July 12, 2012, in accordance with Articles 51 and 61 of the Convention, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the Court case 12,271 against the State of the Dominican Republic (hereinafter “the State” or Read More

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture (Alyssa Bell & Julie Dona, 35 N.Y.U. Rev. L. & Soc. Change 707 (2011)) This paper argues that the Board of Immigration Appeals (BIA) erred when it strictly limited the scope of Convention Against Torture (CAT) protection for deportees facing inhumane treatment in Haitian jails. The authors examine In re J-E-, in which the BIA narrowed the definition of torture under CAT to acts undertaken by Read More

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity?

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity? (Daniel Kanstroom, 3 Stan. J.C.R. & C.L. 195 (2007)) Deportation is a major law enforcement system that looms over the tens of millions of non-citizens who live, study, and work in this country. Since harsh changes to the system were implemented in 1996, millions of non-citizens have been ordered to leave. Tens of thousands are barred by law from ever returning. Those who might have a legal path of return face an arcane system Read More

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families (Bryan Lonegan, 32 N.Y.U. Rev. L. & Soc. Change 55 (2007)) This article discusses deportation of lawful permanent residents and the effects these deportations have on families. The focus of this article is on lawful permanent residents faced with deportation because of criminal convictions, and the effect of deportation on their families. It emphasizes the utter lack of rationality, compassion, and flexibility in Read More

Assessing the Collateral International Consequences of the U.S.’ Removal Policy

Assessing the Collateral International Consequences of the U.S.’ Removal Policy (Tara Pinkham, 12 Buff. Hum. Rts. L. Rev. 223 (2006)). Since the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, the number of aliens who may be removed from the United States (U.S.) without relief has greatly increased. These two acts enlarged “the class of aliens subject to deportation by increasing the number of offenses that could constitute aggravated Read More