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Begin New Search Political Geography Europe Journal Journal on Migration and Human Security Publication Year within 10 Years

1. From Right to Permission: Asylum, Mediterranean Migrations, and Europe’s War on Smuggling

Author:
Maurizio Albahari
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The European Union (EU) and its member states have sought to curb unauthorized maritime migrant arrivals through a proactive combination of deterrence, intelligence, surveillance, anti-smuggling activities, border enforcement, and policing and readmission collaboration with Turkey, Libya, and Libya’s African neighbors. Through these actions, the right to seek asylum is being de facto transformed into a state-granted permission to seek asylum. Containment policies ensure that one cannot ask for sovereign permission without first paying smugglers. In support of their policies, EU and national authorities widely employ an anti-smuggling discourse that focuses on the ruthlessness of smugglers and the passive victimhood of migrants, including asylum seekers and refugees. This rhetoric aligns itself with what is perceived to be politically palatable, and contributes to preserving a volatile status quo. EU and national policies have failed to curb significantly maritime arrivals. Migrants face worsened conditions on Libyan soil, and death at sea. In recent memory, 2011 was seen as the deadliest year on record for Mediterranean migrations, only to be surpassed first by 2014 and then by 2016. During 2017, at least 3,119 persons died or went missing in the Mediterranean Sea (UNHCR 2017b). Deterrence, containment, and the related war on smuggling prove ineffective, and do not justify such a heavy cost. They quell the outrage cyclically generated by powerful images of Mediterranean carnage, even as they fail to mitigate the carnage itself. European and other liberal-democratic governments can act in more pragmatic, just, and dignified ways, including by attending to migrant agency and to local civic engagements. Provisions for family reunification, refugee resettlement, study visas and temporary protection should be enhanced. More ambitiously, governments need to reverse the very policies that eviscerate the right to seek asylum. Additionally, labor immigration quotas should be set that go beyond attracting skilled “talent” and seasonal workers, to reflect the demands of the job market and of Europe’s ageing societies, while protecting worker rights. Such measures would lessen unauthorized arrivals and the demand for smugglers, ease asylum workloads, and challenge nativist arguments. There is always a political market for effective policies such as these, but until European authorities begin to reject easy resort to tropes of ruthless smuggler criminality, that market will remain disturbingly untapped.
Topic:
Migration, Border Control, European Union, and Asylum
Political Geography:
Africa, Europe, and North Africa

2. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Author:
Daniel Kanstroom
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
Topic:
Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

3. Matching Systems for Refugees

Author:
Will Jones and Alexander Teytelboym
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Design of matching systems between refugees and states or local areas is emerging as one of the most promising solutions to problems in refugee resettlement. We describe the basics of two-sided matching theory used in a number of allocation problems, such as school choice, where both sides need to agree to the match. We then explain how these insights can be applied to international refugee matching in the context of the European Union and examine how refugee matching might work within the United Kingdom, Canada, and the United States.
Topic:
International Cooperation, Refugees, and Resettlement
Political Geography:
United States, United Kingdom, Europe, Canada, and North America

4. Unfulfilled Promises, Future Possibilities: The Refugee Resettlement System in the United States

Author:
Todd Scribner and Anastasia Brown
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
World War II caused the displacement of millions of people throughout Europe. In response, the United States initiated a public-private partnership that assisted in the resettlement of hundreds of thousands of the region's displaced persons. For nearly 40 years after the War, the US commitment to refugee resettlement played out in an ad hoc fashion as it responded to emerging crises in different ways. During this period the government's involvement with resettlement became gradually intertwined with that of non-governmental resettlement agencies, which came to play an increasingly vital role in the resettlement process. The budding relationship that began in the middle decades of the twentieth century set the foundation for an expansive and dynamic public-private partnership that continues to this day. The Refugee Act of 1980solidified the relationship between resettlement agencies and the federal government, established political asylum in US law, and created the refugee resettlement program and a series of assistance programs to help refugees transition to life in the United States. This legislation marked a decisive turning point in the field of refugee resettlement.
Topic:
War
Political Geography:
United States and Europe

5. Housing and Quality of Life for Migrant Communities in Western Europe: A Capabilities Approach

Author:
Dermot Coates, Paul Anand, and Michelle Norris
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Housing is an important determinant of quality of life and migrants are more likely to encounter poor quality housing than natives. This paper draws on the capabilities approach to welfare economics to examine how issues of housing and neighborhood conditions influence quality of life and opportunities for migrants in Western Europe. The analysis utilizes data from the second European Quality of Life Survey (EQLS) to explore variation in life and housing satisfaction between migrants and non-migrants (natives) in Western Europe and whether being a migrant and living in an ethnically diverse neighborhood contribute to lower satisfaction. The results show that migrants are more likely to experience lower levels of life and housing satisfaction and that living in a diverse neighborhood is negatively associated with life and housing satisfaction. While diverse, inner-city neighborhoods can increase opportunities for labor market access, social services and integration, the tendency towards clustered settlement by migrants can also compound housing inequality. Conversely, migrant homeowners are on average substantially more satisfied with the quality of public services and of their neighborhood and have lower material deprivation than both migrant and non-migrant renters. The findings draw attention to the need to address housing and neighborhood conditions in order to improve opportunities for integration and well-being.
Topic:
Economics
Political Geography:
Europe