Law / Legislation

Law / Legislation

Migration Experts Series | Michael Doyle
Michael W. Doyle is the Director of the Columbia Global Policy Initiative and University Professor of Columbia University, affiliated with the School of International and Public Affairs, the Department of Political Science, and the Law School. At Columbia, he co-directs...

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Proposals for the Negotiation Process on the United Nations Global Compact for Migration
Projected for adoption in 2018, the global compact for safe, orderly and regular migration (“the compact”) will address how United Nations member states should respond to international migration at the national, regional, and international levels, as well as issues related to migration and development. This paper examines the main elements of the New York Declaration for Refugees and Migrants, which called for the establishment of the compact. It argues that participants in the compact’s negotiation process should aim to balance the concerns of states with the needs and rights of migrants. The paper also analyzes documents by the Special Representative for the Secretary-General and the Special Rapporteur on the Human Rights of Migrants that should inform the compact. Lastly, the paper makes recommendations on the content of the compact. It recommends that the compact should define state protection responsibilities related to mixed migrant and refugee flows; embrace the role of civil society, the private sector, and academic institutions; outline an institutional framework for implementation; and establish a mechanism to fund migration policies for states and a mechanism to review migration policies.

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A Sad Day for Dreamers and US Citizens
In the past weeks, communities in Texas and Louisiana suffered the loss of life and property to a degree that most of us will never experience. This seemed like an once-in-a-lifetime disaster. Yet, on Tuesday, September 5, 2017, the Trump...

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Fate of Dreamers Will Test the Character of Our Nation
President Donald Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which temporarily protects from deportation close to 800,000 young immigrants – known as Dreamers – brought to this country as children, marks a point of demarcation...

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Responding to Hurricane Harvey and Other Natural Disasters
Hurricane Harvey has caused catastrophic flooding in Texas, forcing thousands from their homes. Many of its survivors are desperate for shelter, food, and other forms of assistance. Among the most vulnerable are the hundreds of thousands of immigrants living in...

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The Future of the DACA Program and the Interests at Stake
Ten state attorneys general have announced that they intend to sue the federal government to end the Deferred Action for Childhood Arrivals (DACA) program if the Trump administration does not rescind the program by September 5th.  The DACA program, created...

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Juan Osuna
Juan Osuna, a beloved member of the immigrant justice community, passed away on August 15, 2017.  Over a 17-year period, Juan worked for the US Department of Justice (DOJ) under four administrations in positions of increasing responsibility and importance. He...

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Local Immigration Enforcement and Arrests of the Hispanic Population
Section 287(g) of the Immigration and Nationality Act (INA), which was added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), allows the federal government to enter into voluntary partnerships with state and local law enforcement agencies to enforce immigration law. This paper explores the effects of implementation of the 287(g) program in Frederick County, Maryland on the arrests of Hispanics. Using data from individual arrest records from the Frederick County Sheriff’s Office which has a 287(g) agreement with US Immigration and Customs Enforcement (ICE), and from the Frederick Police Department which does not, the paper analyzes the changes in arrests by the two agencies before and after implementation of the 287(g) program in 2008.

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The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions
This paper considers the relationship between two human rights discourses, refugee/asylum protection and the body of law that regulates deportations. It suggests that the development of rights against removal, as well as rights during and after removal, aids our understanding of the refugee protection regime and its future. This paper argues that emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons: 1) the linkage between the two phenomena of refugee/asylum protection and deportation; 2) deportation human rights discourses embody framing models that might aid reform of the existing refugee protection regime; and 3) deportation discourses offer important rights protections that could strengthen the refugee and asylum regime. It concludes with consideration of how deportation discourses may strengthen protections for refugees, while also helping to develop more capacious and protective systems in the future.

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