Arguing about Asylum


Book Description

In addressing the asylum controversy in Europe today, much of the literature assumes that asylum policies result from the struggle between national interest arguing to tighten asylum and humanitarianism arguing to loosen it. This book challenges this simple tug-of-war image by examining asylum in Germany, Switzerland, and Britain from the late 1970s to the mid 1990s. The findings reveal the complex and often counter-intuitive roles national interest, international norms, and morality play in shaping asylum. It forces us to reconsider how we think about asylum and to explore alternatives to conventional assumptions.




Arguing and Justifying


Book Description

This is the first book of its kind to address the crucial issue of why people choose to make Convention refugee claims. It represents a substantial and original contribution primarily to the field of refugee studies but also applicable for a broader readership of political science, international studies, sociology, law, history and women’s studies. Furthermore, it theorizes the problems that face refugees by discussing the perception of the possible host countries. The conclusions of the book bear directly upon contemporary issues in refugee studies that suggest refugees move on the basis of (generally) extreme levels of persecution.




Gendered Asylum


Book Description

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.




The Ungrateful Refugee


Book Description

A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees




The Arc of Protection


Book Description

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.




Identities on Trial in the United States


Book Description

ChorSwang Ngin radically shifts the asylum-seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. Identities on Trial in the United States weaves together the cases of a tortured student from a Myanmar prison, an apostate of Islam, several victims of ethnic and sexual violence from Indonesia, and the escape of men and women from China’s draconian one-child policy, among others. Joann Yeh, an immigration attorney and contributor to this work, examines asylum seeking in a Mandarin-speaking Californian community and discuss the failure of the United States' quasi-judicial immigration system, highlighting "asylum lawfare" in courtroom dramas and arguing for an anthropological advantage in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies seeking a more just asylum outcome.




Debating the Ethics of Immigration


Book Description

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.




Advocating for Refugees in the European Union


Book Description

The crisis of forced displacement is compounded by the politicization of asylum and refugee protection, which have become polarizing issues in many countries in Europe and in the United States. It has animated efforts by pro-refugee civil society groups to engage in advocacy efforts that respond to the securitization of the issue, reframe it as a human rights and humanitarian issue, and bring about policies that are favorable to refugee protection. The contrasting points of view surrounding refugee and asylum policy reveal a fundamental normative difference in what is considered the most appropriate standard of behavior to guide actions and policies in the wake of the European refugee crisis. This normative difference, and the contestation that it entails, represents the starting point for this study of specific strategies of norm-based change. The study focuses on civil society organizations (CSOs) and the deliberate ways they incorporate and use norms in framing and responding to the issue of refugee protection. It seeks to understand and explain how and why pro-refugee advocacy groups choose to use specific norm-based strategies of advocacy in their effort to shift public opinion on the issues of asylum and refugee protection and ultimately bring about policy change.




Arguing Immigration


Book Description

A series of writers examine the economic and moral issues surrounding immigration.




Disavowing Asylum


Book Description

Disavowing Asylum presents the for-profit Direct Provision asylum regime in the Republic of Ireland, describing and theorizing the remote asylum centres throughout the country as a disavowed regime of racialized incarceration, operated by private companies and hidden from public view. The authors combine a historical and geographical analysis of Direct Provision with a theoretical analysis of the disavowal of the system by state and society and with a visual autoethnography via one of the authors’ Asylum Archive and Direct Provision diary, constituting a first-person narrative of the experience of living in Direct Provision. This book argues that asylum seekers, far from being mere victims of racialization and of their experiences in Direct Provision, are active agents of change and resistance, and theorizes the Asylum Archive project as an archive of silenced lives that brings into public view the hidden experiences of asylum seekers in Ireland's Direct Provision regime.