Demanding Rights

Demanding Rights
Author: Moritz Baumgärtel
Publisher: Cambridge University Press
Total Pages: 207
Release: 2019-05-09
Genre: Law
ISBN: 1108496490

Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.

When Humans Become Migrants

When Humans Become Migrants
Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press
Total Pages: 577
Release: 2015
Genre: Law
ISBN: 0199667837

The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Author: Madalina Moraru
Publisher: Bloomsbury Publishing
Total Pages: 516
Release: 2020-08-06
Genre: Law
ISBN: 1509922962

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

The Accidental History of the U.S. Immigration Courts

The Accidental History of the U.S. Immigration Courts
Author: Alison Peck
Publisher: Univ of California Press
Total Pages: 239
Release: 2022-05-10
Genre: History
ISBN: 0520389662

"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1146
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Access to Justice for Migrants and Asylum Seekers in Europe

Access to Justice for Migrants and Asylum Seekers in Europe
Author: Jeremy McBride
Publisher: Council of Europe
Total Pages: 134
Release: 2009-01-01
Genre: Business & Economics
ISBN: 9789287166456

Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.

Contesting Immigration Policy in Court

Contesting Immigration Policy in Court
Author: Leila Kawar
Publisher: Cambridge University Press
Total Pages: 231
Release: 2015-06-25
Genre: Law
ISBN: 1107071119

This book explores the development of immigrant rights litigation over the past four decades in the United States and France.

Mental Health Evaluations in Immigration Court

Mental Health Evaluations in Immigration Court
Author: Virginia Barber-Rioja
Publisher: NYU Press
Total Pages: 298
Release: 2022-08-16
Genre: Psychology
ISBN: 1479802603

PROSE Award- Psychology Finalist A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or “removal” proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court—often without an attorney if they cannot afford one—as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant’s plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.