Original Articles

Original Articles

The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy
Asylum lies at the heart of the international refugee protection regime. Yet, today, most states in the developed world implement a range of deterrence measures designed to prevent access to asylum on their territories. With particular attention to Europe’s response to the Syrian refugee crisis, this paper categorizes contemporary deterrence policies. It then questions the sustainability and effectiveness of such policies. A number of deterrence measures do not conform with refugee and human rights law, rendering the refugee protection regime vulnerable to collapse. Finally, this article suggests some ways forward to address these problems. It discusses the partial success of legal challenges to deterrence measures and opportunities for alternative avenues to access protection. Ultimately, however, it argues that the viability of the refugee protection regime requires collective action and international burden-sharing.

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Critical Perspectives on Clandestine Migration Facilitation: An Overview of Migrant Smuggling Research
This paper provides an overview of contemporary, empirical scholarship on clandestine migration facilitation. It argues clandestine migration is not merely the domain of criminal groups. Rather, it also involves protection mechanisms crafted within migrant and refugee communities. Yet amid concerns over national and border security, and the reemergence of nationalism, said strategies have become increasingly stigmatized and perceived as an inherently criminal activity. This paper constitutes an attempt to rethink the framework in everyday narratives of irregular migration facilitation.

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Mass Deportations Would Impoverish US Families and Create Immense Social Costs

This paper provides a statistical portrait of the US undocumented population, with an emphasis on the social and economic condition of mixed-status households – that is, households that contain a US citizen and an undocumented resident. The study finds that mass deportations would plunge millions of US families into poverty, cost $118 billion to care for US-citizen children of deported parents, imperil the housing market and reduce GDP.

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Leveraging the World Cup: Mega Sporting Events, Human Rights Risk, and Worker Welfare Reform in Qatar
Qatar will realize its decades-long drive to host a mega sporting event when, in 2022, the opening ceremony of the Fédération Internationale de Football Association (FIFA) World Cup commences. By that time, the Qatari government will have invested at least $200 billion in real estate and development projects, employing anywhere between 500,000 and 1.5 million foreign workers to do so. The scale of these preparations is staggering — and not necessarily positive. Foreign workers are subject to conditions of forced labor, human trafficking, and indefinite detention. This article examines whether it is possible for Qatar’s World Cup to forge a different legacy, as an agent of change on behalf of worker welfare reform. First, it locates the policy problem of worker abuses in the context of the migration life cycle. Second, the article frames worker welfare as a matter that lies at the intersection of business and human rights. Ultimately, this paper outlines four policy proposals that may be undertaken by countries of origin, nongovernmental organizations, international organizations, and Qatari employers: (1) the development of a list of labor-supply agencies committed to ethical recruitment practices; (2) the devising of low-interest, preferential loans for migrants considering employment in Qatar; (3) the establishment of a resource center to serve as a one-stop shop for migrant information and services; and (4) the creation of training programs to aid migrants upon their return home. The above four policy proposals constitute a process-specific, rather than actor-specific, approach to reform aimed at capitalizing on the spotlight of the World Cup to bring about lasting, positive change in Qatar’s migrant labor practices.

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Refugee, Asylum, and Related Legislation in the US Congress: 2013-2016
This article describes the significant attempts to enact legislation related to refugees and international migrants since 2013 and examines the reasons why those attempts have not succeeded. It also describes American attitudes toward refugees and assesses whether those attitudes affected the fate of legislation.

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Safe and Voluntary Refugee Repatriation: From Principle to Practice
This 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 we are now living in an era of protracted refugee emergencies, the article concludes with a number of recommendations regarding alternatives to repatriation and the conditions under which repatriation can take place without offense to the principles of voluntariness, safety, and dignity.

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How Robust Refugee Protection Policies Can Strengthen Human and National Security
This paper makes the case that refugee protection and national security should be viewed as complementary, not conflicting state goals. It argues that refugee protection can further the security of refugees, affected states, and the international community. Refugees and international migrants can also advance national security by contributing to a state’s economic vitality, military strength, diplomatic standing, and civic values. The paper identifies several strategies that would, if implemented, promote both security and refugee protection. It also outlines additional steps that the US Congress should take to enhance US refugee protection policies and security. Finally, it argues for the efficacy of political engagement in support of pro-protection, pro-security policies, and against the assumption that political populism will invariably impede support for refugee protection.

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Rethinking the Assumptions of Refugee Policy: Beyond Individualism to the Challenge of Inclusive Communities
The values of individualism developed in the post-Enlightenment West are at the core of the contemporary refugee protection system. While enormously powerful, this tradition assigns priority to the individual as distinguished from the community. Based on patterns established in centuries of religious thought and practice as well as on the insights of key thinkers in the tradition of Western individualism, this paper argues that consideration of communities should receive greater emphasis. In terms of the refugee protection system, this shift requires examining how best to address the needs of communities that are uprooted, as well as the needs of communities into which displaced persons are received, rather than only focusing on individuals who cross a border and seek refugee status.

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