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.




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.




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.




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.




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.




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.




The Death of Asylum


Book Description

Investigating the global system of detention centers that imprison asylum seekers and conceal persistent human rights violations Remote detention centers confine tens of thousands of refugees, asylum seekers, and undocumented immigrants around the world, operating in a legal gray area that hides terrible human rights abuses from the international community. Built to temporarily house eight hundred migrants in transit, the immigrant “reception center” on the Italian island of Lampedusa has held thousands of North African refugees under inhumane conditions for weeks on end. Australia’s use of Christmas Island as a detention center for asylum seekers has enabled successive governments to imprison migrants from Asia and Africa, including the Sudanese human rights activist Abdul Aziz Muhamat, held there for five years. In The Death of Asylum, Alison Mountz traces the global chain of remote sites used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical ideal. Through unprecedented access to offshore detention centers and immigrant-processing facilities, Mountz illustrates how authorities in the United States, the European Union, and Australia have created a new and shadowy geopolitical formation allowing them to externalize their borders to distant islands where harsh treatment and deadly force deprive migrants of basic human rights. Mountz details how states use the geographic inaccessibility of places like Christmas Island, almost a thousand miles off the Australian mainland, to isolate asylum seekers far from the scrutiny of humanitarian NGOs, human rights groups, journalists, and their own citizens. By focusing on borderlands and spaces of transit between regions, The Death of Asylum shows how remote detention centers effectively curtail the basic human right to seek asylum, forcing refugees to take more dangerous risks to escape war, famine, and oppression.




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.




Asylum as Reparation


Book Description

This book argues that states have a special obligation to offer asylum as a form of reparation to refugees for whose flight they are responsible. It shows the great relevance of reparative justice, and the importance of the causes of contemporary forced migration, for our understanding of states’ responsibilities to refugees. Part I explains how this view presents an alternative to the dominant humanitarian approach to asylum in political theory and some practice. Part II outlines the conditions under which asylum should act as a form of reparation, arguing that a state owes this form of asylum to refugees where it bears responsibility for the unjustified harms that they experience, and where asylum is the most fitting form of reparation available. Part III explores some of the ethical implications of this reparative approach to asylum for the workings of states’ asylum systems and the international politics of refugee protection.




The Ungrateful Refugee


Book Description

'A vital book for our times' ROBERT MACFARLANE 'Unflinching, complex, provocative' NIKESH SHUKLA 'A work of astonishing, insistent importance' Observer 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. Now, Nayeri weaves together her own vivid story with those of other asylum seekers in recent years. In these pages, 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. Surprising and provocative, The Ungrateful Refugee recalibrates the conversation around the refugee experience. Here are the real human stories of what it is like to be forced to flee your home, and to journey across borders in the hope of starting afresh.