Feeling like a citizen, living as a denizen: Deportees’ sense of belonging

Feeling like a citizen, living as a denizen: Deportees’ sense of belonging (Tanya Golash-Boza, American Behavioral Scientist, 60(13), 2016) The implementation of restrictive immigration laws in 1997 in the United States has led to the deportation of hundreds of thousands of legal permanent residents—denizens who had made the United States their home. Mass deportations of denizens have given renewed importance to territorial belonging and legal citizenship for theories of citizenship, a relatively neglected area of scholarship in this field. This 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

Cutting Genuine Links: A Normative Analysis of Citizenship Deprivation

Cutting Genuine Links: A Normative Analysis of Citizenship Deprivation (Rainer Baubock & Vesco Paskalev, 30 Geo. Immigr. L.J. 47, 2015) Most critical analyses assess citizenship deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This paper considers citizenship deprivation policies instead from a political theory perspective—how deprivation policies reflect specific conceptions of political community. We distinguish four normative Read More

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship (Kari Hong, Georgetown Immigration Law Journal (2015)). As a creature of administrative law, Congress has set forth clear, statutory definitions of “parent,” “child,” “son,” “daughter,” and “step-parent.” As a practical matter, these terms create a uniform system by which family relationships are recognized and immigration benefits are conferred. In one notable exception, Congress directs adjudicators to look to state law when determining which children are citizens at birth. Derivative citizenship, the legal process Read More

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien (Audrey Macklin, 40:1 Queen’s LJ, 2014) Since 9/11, Western governments have redefined what it means to be a citizen. Though citizenship is often thought of as an inalienable right, the emergence of the “homegrown ” terrorist has called into question whether certain citizens deserve the protection that citizenship status provides. Although international treaties preclude a country from rendering a person stateless, recent legislative and executive action in the 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

U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens

U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens (2011, Jacqueline Stevens) This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on Read More

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde (2011, Heike Drotbohm, Citizenship Studies 15 (2011): 381-96) This article explores the impact of deportation, a state practice increasingly applied by European and North American governments, on notions of sociality in transnational social fields. In particular, it concentrates on the dynamics between formal citizenship on the one hand and the moral economies of belonging and membership on the other. Drawing on anthropological Read More

Deportation, Expulsion, and the International Police of Aliens

Deportation, Expulsion, and the International Police of Aliens (Walters 2002) Walters, William. 2002. “Deportation, Expulsion, and the International Police of Aliens.” Citizenship Studies 6 (3). Taylor & Francis Group: 265–92. doi:10.1080/1362102022000011612. Compared with refugee or immigration policy, the historical and political analysis of deportation is poorly developed. This paper suggests some lines along which critical studies of deportation might proceed. First, it argues that we can historicize and denaturalize deportation by setting it within a wider field of political and Read More

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union (Joppke 2001) Joppke, Christian. 2001. “The Legal-Domestic Sources of Immigrant Rights.” Comparative Political Studies 34 (4): 339–66. doi:10.1177/0010414001034004001. This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which Read More