Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’

Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’ (McKernan 2017) McKernan, Bethan. 2017. “Saudi Arabia ‘deports 40,000 Pakistani Workers over Terror Fears.’” Independent, February 13. http://www.independent.co.uk/news/world/middle-east/saudi-arabia-deports-40000-pakistan-workers-terror-fears-attacks-counter-terrorism-a7578151.html. The Kingdom of Saudi Arabia has expelled almost 40,000 Pakistani migrant workers in the last four months, local media has reported.   Over 39,000 people have been deported since October 2016 over visa violations and security concerns. The alleged mass deportations come after a year of strikes and other unrest in the kingdom due Read More

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law (Jim Waasdorp & Aniel Pahladsing, Bergen Journal of Criminal Law and Criminal Justice • Volume 4, Issue 2, 2016, pp. 247-266) At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national Read More

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns (Maybritt Jill Alpes & Ninna Nyberg Sørensen, Danish Institute for Policy Studies Policy Brief, November 2016) This brief takes a look at the risks migrants and rejected asylum seekers face when they’re forcibly returned to their point of origin. The text’s authors specifically argue that forced returns have become unduly criminalized and expose returnees to economic deprivation and psychosocial harm, often at the hands of predatory state agents.

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis (2016, Amnesty International) As violence has worsened and poverty and inequality remain prevalent, the Central American governments of Honduras, Guatemala and El Salvador, also known as the Northern Triangle, are doubly failing to protect their citizens: socioeconomic conditions remain poor and an increasingly violent environment permeates every corner of their countries, which causes people to flee in record numbers, but governments are failing to provide protection Read More

Safe and Voluntary Refugee Repatriation: From Principle to Practice

Safe and Voluntary Refugee Repatriation: From Principle to Practice (2016, Jeff Crisp & Katy Long) The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that Read More

Is There Any Blood on My Hands? Deportation as a Crime of International Law

Is There Any Blood on My Hands? Deportation as a Crime of International Law (Chetail 2016) Chetail, Vincent. 2016. “Is There Any Blood on My Hands? Deportation as a Crime of International Law.” Leiden Journal of International Law 29 (3): 917–43. doi:10.1017/S0922156516000376. The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate Read More

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1 (2016) Plaintiff M68-2015 v Minister for Immigration and Border Protection. 2016. This case note provides an overview of the key facts and findings of the High Court in Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1, and sets out some of the key developments following the case. The plaintiff, an asylum seeker from Bangladesh, had been detained in Nauru at one of Australia’s Read More

El Contexto Regional del Desplazamiento y la Migración Forzada en Centroamérica, México y Estados Unidos

El Contexto Regional del Desplazamiento y la Migración Forzada en Centroamérica, México y Estados Unidos (2016, Consejeria en Proyectos para Refugiados Latinoamericanos / Project Counselling Service-PCS) La movilidad humana en los países de Centroamérica y México en su tránsito hacia los Estados Unidos engloba una serie de problemáticas y desafíos para la garantía de los derechos humanos que deben ser entendidos en clave regional y transnacional. El constante e incesante flujo migratorio mixto es una expresión de la crisis humanitaria Read More

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens (Gerald L. Neuman, 2016) The completion of the project of the International Law Commission (ILC) on “the expulsion of aliens” marked an important stage in the development of international law relating to migration. The resulting Draft Articles on the Expulsion of Aliens reflect the joint effort of the ILC’s distinguished experts on public international law, from all regions of the world, to enunciate principles that regulate Read More

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens (2016, Daniel Kanstroom) Critical appraisal of the International Law Commission’s Draft Articles on the Expulsion of Aliens (“Draft Articles”) demands a conceptualization of contemporary expulsion or deportation as a global phenomenon. Deportation may be functionally defined as a powerful government assertion of high stakes sanctions in low formality settings aimed at the most powerless and marginalized members of society. In the United States context, deportation Read More

Mexico’s Recent Immigration Enforcement Efforts

Mexico’s Recent Immigration Enforcement Efforts (CRS 2016) “Mexico’s Recent Immigration Enforcement Efforts”. 2016. CRS Report US Assistance Mexico Southern Border Plan March 2016. Congressional Research Service. https://www.documentcloud.org/documents/2842650-CRS-Report-US-Assistance-Mexico-Southern-Border.html This report focuses on the execution of Mexico’s Southern Border Plan.  While US President Barack Obama and some members of Congress support this effort, human rights and humanitarian agencies have been critical.  Mexico received around $20 million in US assistance to support its Southern Border.

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

The case against removal: Jus noci and harm in deportation practice

The case against removal: Jus noci and harm in deportation practice (Barbara Buckinx & Alexandra Filindra, Migr Stud (2015) 3 (3): 393-416) The United States removes from its territory almost 400,000 noncitizens annually—Germany removes about 50,000 people each year, France 26,000, and Canada 12,000. In this article, we focus on the impact of removal, and we argue that many individuals—often those who are best integrated in their countries of long-term residence—will suffer significant physical, psychological, economic, and social harm upon their return. Read More

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons (2015, Daniel Kanstroom & Jessica Chicco) This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, reprinted in Appendix A, responds to what has become in recent years a major worldwide phenomenon: the deportation (also known as removal or expulsion) of large numbers of noncitizens. 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

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights (Zia Akhtar, International Journal of Public Law and Policy, Vol. 4, No. 2, 2014) The legal regime has become increasingly strict for those facing deportation as ‘illegal’ migrants in both the UK and the USA. The UK Borders, Citizenship and Immigration Act 2009 has created an overlap between criminal and the seeker of asylum or refugee. It has led to the overstayers’ confinement without safeguards for their age Read More

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis (Won Kidane, 27 Emory Int’l L. Rev. 285 (2013) Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons – including noncitizens, also known as “aliens.” Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for 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

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

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

The Right to Migrate as a Human Right: The Current Argentine Immigration Law

The Right to Migrate as a Human Right: The Current Argentine Immigration Law (Barbara Hines, 43 Cornell Int’l L.J. 471 (2010)) The Argentine immigration law, Law 25.871, enacted into law in January, 2004, represents a major step forward for the rights of immigrants, not only in Argentina, but throughout the world. The new law establishes that migration is a human right, a principle that is not found in the immigration laws of any large immigrant receiving country nor explicitly in human Read More

Asylum and the European Convention on Human Rights

Asylum and the European Convention on Human Rights (2010, Nuala Mole & Catherine Meredith) Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers.This revised edition considers the substantial body Read More

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

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

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

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons (2008, Emanuela-Chiara Gillard) The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of Read More

Üner v The Netherlands : Expulsion of Long-term Immigrants and the Right to Respect for Private and Family Life

Üner v The Netherlands : Expulsion of Long-term Immigrants and the Right to Respect for Private and Family Life (Charlotte Steinorth,  Human Rights Law Review (2008) 8 (1): 185-196). Üner v The Netherlands is the first case referred to the Grand Chamber of the European Court of Human Rights (ECtHR) concerning the expulsion of a long-term immigrant convicted of criminal offences. The question whether the expulsion of aliens who were born or raised in a European host country breaches their right Read More

The Removal of Failed Asylum Seekers: International Norms and Procedures

The Removal of Failed Asylum Seekers: International Norms and Procedures (2007, John Gibson) This paper reviews existing norms and best practice in removals procedures and asylum/appeals procedures relevant to the removal process in chosen countries. It is informed by regional and international standards and refers to the particular situation in the 15 pre-enlargement EU member states, Norway, Switzerland and Australia and with some references to law and practice in New Zealand and Canada. It concentrates on standards that impact the Read More

Detention and Deportation: A Continuing Scandal

Detention and Deportation: A Continuing Scandal (Glenn 2007) Nicholls, Glenn. 2007. “Detention and Deportation: A Continuing Scandal.” Arena. http://arena.org.au/detention-and-deportation-a-continuing-scandal/. Glenn Nicholls argues for fundamental reforms in the treatment of detainees and deportation legislation [in Australia]. The Cornelia Rau and Vivian Alvarez scandals in 2005 brought intense pressure on the Immigration Department to be more careful in carrying out deportations and incarcerating potential deportees. The department is spending $550 million over five years on upgrading its computer systems and has promised Read More

Discretionary Deportation

Discretionary Deportation (Gerald L. Neuman, 20 Geo. Immigr. L.J. 611, 2006) This article explores some of the consequences of mixing administrative discretion with the authority to deport aliens from within the United States. From one perspective, the structure of U.S. deportation policy is highly rule-governed, as befits a nation of immigrants. Congress specifies the grounds of deportation, and executive officials have no authority to deport aliens for unenumerated reasons that they deem to serve the public interest. Aliens within the 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