Search Results (21)

This article examines LGBTQI+ asylum claims in the U.S. Circuit Court of Appeals. The data are part of a larger study that has identified 520 LGBTQI+ claims in the U.S. Circuit of Appeals from 1994 to 2023. It focuses on examples from the 115 cases that were granted a review and analyzes the logic that U.S. Circuit Court justices use when deciding to grant a review of a petition that was denied by a lower court, such as the Board of Immigration Appeals (BIA) and immigration courts. This article argues that the U.S. Circuit of Appeals contests lower court rulings from BIA and immigration court judges based on assumptions about credibility, discretion, persecution, and criminalization for LGBTQI+ asylum seekers. By granting reviews, the Circuit Courts provide an opening for the acceptance of queer asylum claims. Full article

This article examines the intersection of immigration, religion, and gender in the lives and writings of Selma Stern, Hannah Arendt, and Toni Oelsner. It highlights how their lives were shaped by immigration and circumscribed by the unfinished movement towards both Jewish emancipation and women’s emancipation. These three German–Jewish women immigrated from Nazi Germany to the US, where they lived much or all of their adult life. All three belonged to the first generation of German women entering the academy. And all produced path-breaking works that contested antisemitism. In these works, the concepts of the Court Jew and the Jewish economic function loom large. This article will focus on how each constructed, transformed, or critiqued the Jewish economic function within the context of their larger intellectual trajectory and their biographies. The similarities and differences between them illustrate the range of possibilities open for immigrants who were women, who were Jewish, and who were German to integrate into American academic life. In so doing, this article aims to contribute to the study of gender in immigration, as well as to Jewish intellectual history, and the history of Jewish émigrés. Full article

Background: The United States has the highest number of immigrants in the world, with over 46 million foreign-born residents as of 2022. A growing number of migrants originate from Latin America, driven by factors such as economic instability, food insecurity, and crime. This study explores their experiences and perceptions regarding trust in the criminal justice system (CJS) in both their home countries and the United States. Methods: This study surveyed 500 migrants at a transitional institution in a U.S.–Mexico border city in the summer of 2023. The survey assessed confidence in law enforcement, immigration officers, courts, and government institutions using a 5-point Likert scale. Results: Migrants reported significantly higher confidence in the U.S. CJS compared to that of their home countries. Multivariate analysis revealed that satisfaction with border officials, documentation status, English proficiency, and health were positively associated with confidence in the U.S. CJS, while employment status, traveling with family, and fear of crime correlated with lower confidence. Conclusions: This study highlights the stark contrast in migrants’ confidence levels between their home countries and the U.S. criminal justice system. While migrants view the U.S. system as more legitimate, challenges such as fear of crime and legal uncertainties persist. Full article

This article examines how media outlets create a “border spectacle” (De Genova 2013) in schools, which contributes to the criminalization and deportability of undocumented immigrant students. Using content analysis, we studied n = 30 news articles that covered an incident in 2017 where two undocumented young men were accused of sexual assault and rape of a young woman in the school they all attended. This paper builds on the “school-to-deportation pipeline” by suggesting that, in addition to the zero-tolerance behavioral policies established by schools and teacher’s racist behaviors, the media coverage of alleged criminal acts also play a role in the expulsion and criminalization of undocumented students. The analysis of the news articles highlights four types of media frames employed to criminalize the young men involved in the case prior to these allegations being addressed by a court of law: (1) immigrant youth as sexual predators; (2) immigration as a correlation to a criminal act; (3) parents as the real victims of the case; and (4) sexual assault victims as collateral damage. Each of these media frames are built on xenophobic tropes that have historically facilitated the marginalization of Black and Latinx people, but in this case, it specifically targets undocumented young men. Collectively, the four media frames exemplify how media create a “border spectacle” in schools, manufacturing a moral hysteria to further marginalize and criminalize undocumented youth. We argue that, as a result of schools becoming border spectacles, undocumented young people’s fear of feeling targeted based on their “illegality” is intensified, and their sense of inclusion is hindered in an often thought to be safe and inclusive space for undocumented young people. Full article

The Northern Triangle countries, including El Salvador, Guatemala, and Honduras, are sources of a significant number of asylum seekers in the United States today. This article examines the underlying societal dynamics in these countries and considers the typical profile of transgender immigrant women seeking asylum in the U.S. on the legal grounds of having faced gender-based violence in their countries of origin. It analyzes the relevant international conventions as well as the social determinants of the health and mental health of transgender asylum seekers. It draws from 35 cases of transgender immigrant women subjected to child sexual abuse; sexual assault, including assault by police; and forced sex work; it reviews examples from the academic and gray literature, including a precedent-setting case heard before the Inter-American Court on Human Rights. It discusses the implications for social science professionals, including the role of experts of country conditions. It provides guidance for immigrant service providers and advocates, particularly the importance of gender-affirming policies and healthcare to this population deserving of protection. Full article

This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior research, using statistical methods, has observed disparities in asylum case outcomes that are partly explained by sociopolitical factors such as the partisan affiliation, gender, and home-state politics of the judiciary. This article uses QCA to revisit these findings; incorporating an analysis of jurisprudential criteria alongside the sociopolitical factors that have been identified by prior studies. All of the Circuit Court decisions for the cases included in the QCA analysis were issued during the first year of the Trump presidency; a time at which asylum-seekers at the US–Mexico border were becoming a focal point both for immigration enforcement and a polarized national debate over immigration policy. Despite the charged political context for these decisions, the QCA findings show that the two most decisive factors for Circuit Court decision-making on these cases were their rulings on nexus and patterns of decision-making that were specific to each court. The closing discussion cautions the reader against generalizing these findings to all appellate-level asylum decisions out of consideration for the epistemological orientation of QCA. Hence, the findings from this study should not be taken as conclusive evidence that sociopolitical factors are of little causal value for research on the appellate courts. Nevertheless, the findings do indicate that more attention should be paid to the explanatory power of jurisprudence. The concluding discussion also highlights the potential that QCA holds for building out a logic-based theory of legal decision making that can account for jurisprudence in tandem with sociopolitical factors and localized cultures of decision-making that help to explain disparate applications of the law. Full article

Thousands of unaccompanied children arrive at the U.S. border each year. In many cases, these children are fleeing harsh conditions in their home country in search for safety and family. The U.S. immigration system lacks an adequate response for these children, providing only two exceedingly difficult paths: asylum and the Special Immigrant Juvenile Status designation. While providing access to a path to citizenship over time, the system is arcane and adversarial. Moreover, through it all, these children lack a right to an advocate who can protect their interest or at a minimum advise the immigration court of how to serve the child’s best interests. This article explores issues surrounding unaccompanied children in the U.S. immigration system and suggests the need for an independent juvenile immigration justice system similar to the Federal Juvenile Criminal Justice System. Full article

Unaccompanied minors are among the most vulnerable undocumented immigrants facing removal proceedings in US immigration court. To avoid being sent back to violence and deprivation in their home countries, unaccompanied minors may apply for asylum or deportation relief for abandoned, abused, or neglected children. The COVID-19 pandemic represented a crisis for American society that also had key impacts on immigrants’ lives and their ability to interact with state systems to apply for legal status and claim rights. This paper asks: (1) How did the COVID-19 pandemic affect unaccompanied minors’ social vulnerabilities in the US?; and (2) How did the COVID-19 pandemic impact the US immigration bureaucracy and the work of nonprofit advocates who broker unaccompanied minors’ interactions with these state systems? Findings show that the pandemic exacerbated unaccompanied minors’ social vulnerabilities, with especially adverse effects on indigenous youths, those in legal limbo, unrepresented youths, and those experiencing job loss. The pandemic also disrupted the US immigration bureaucracy and, consequently, the work of advocates who broker immigrants’ interactions with these systems, making it more difficult to interact with traumatized youths to obtain necessary information for their cases, meet strict deadlines, and identify their needs. This case study provides lessons on how states and civil society strategically manage a “crisis” and discusses the implications for immigrants’ rights and vulnerabilities. Full article

For asylum seekers to be granted asylum, they must convince immigration officials that they have been persecuted or that they fear they will be persecuted if returned to their home country. This article discusses the reluctance of asylum seekers to be forthcoming about sexual assault as a form of persecution and the ways in which traumatic memory can affect narratives of persecution for rape survivors. Many asylum seekers, particularly those who have been sexually assaulted, show symptoms consistent with trauma survivors. Consequently, their narratives of persecution are often shaped by partial and incomplete memory recall. The result is that how asylum seekers who have been sexually assaulted tell their stories of persecution is the antithesis of the expectations of credibility. This article is based on qualitative research in Los Angeles, California, and New York City, New York, in the United States. It includes interviews with asylum seekers, immigration attorneys, immigrant service providers, asylum officers, and immigration judges; observations of immigration court hearings; and content analysis of asylum applications. I use these sources to argue that the harm of rape and its long-lasting effects evidenced by symptoms of traumatic memory impacts how asylum seekers articulate stories of persecution. How these stories are told can have devastating effects for asylum seekers that may jeopardize their ability to gain asylum if immigration officials do not view them as credible applicants. Full article

This paper explores the Naha Confucius Temple case, resolved by the Supreme Court in February 2021, in light of postwar decisions on Articles 20 and 89 of the Japanese constitution. Religion is a contested category in Japanese legislation, appearing both in the constitution and in laws regulating the freedoms and restrictions of legally registered religious organizations. While the organization behind the Confucius Temple in Naha was registered as a general corporate juridical person, the majority opinion sided with the plaintiffs’ argument that the free lease granted to the temple by the municipality of Naha constituted a violence of the ban on public sponsorship of religious institutions and activities. In order to reach their decision, the Supreme Court and the lower courts not only had to decide on whether Confucianism was a religion or not, but also on whether the organization behind the temple—a group dedicated to the history and memory of the Chinese immigrant community in Naha—should in fact be considered a religious organization. The outcome of the case is a good example of religion-making in courts of law, with a central institution of power employing notions of sui generis religion to regulate and define civil actors. Full article

Although the concept of vulnerability has become increasingly prevalent in both domestic and international migration policy in recent years, its precise meaning and implications remain ambiguous and under-examined. Without a coherent understanding of what makes individuals vulnerable, the concept can either act as a justification for additional consideration or reinforce stereotypes of disempowerment. To address this lack of clarity, this article presents the results of an extensive review of Canadian case law. Drawing on data from over 750 cases primarily from the Immigration and Refugee Board and the Federal Court of Canada, this study sought to examine how the concept of vulnerability is used by both decision-makers and parties to cases involving migrants seeking legal status and various forms of protection (including, but not limited to, asylum) under national or international law in Canada. Although an analysis of case law necessarily produces only a partial image of the landscape, this review identified two understandings of vulnerability at play: a procedural one associated with the need to ensure access to justice and a fair hearing, and a substantive one where vulnerability is linked to the categorization of particular groups. In both instances, the recognized importance of the concept is offset by its narrow and inconsistent application and a failure to acknowledge the role that the institutions and mechanisms of “protection” play in creating and perpetuating vulnerability. Full article

The status of Jewish identity in cases of conversion to another religion is a contentious issue and was brought to the forefront of public attention with the 1962 court case of Oswald Rufeisen, a Jewish convert to Christianity known as Br. Daniel, which led to a shift in the way that the state of Israel defines Jewish identity for the purposes of citizenship. At the same time, however, another test case in conflicting interpretations of Jewish identity after conversion was playing out in Rufeisen’s own monastery, hidden to the public eye. Of the fifteen monks who lived together in the Stella Maris Monastery in Haifa, two were Jewish converts, both of whom converted during the Second World War and later immigrated to Israel. Both outspoken advocates for their own understanding of Jewish identity, Rufeisen and his fellow Carmelite Fr. Elias Friedman expressed interpretations of Jewish-Christian religious identity that are polarized and even antagonistically oppositional at times. This paper argues that the intimately related histories and opposing interpretations of Rufeisen and Friedman parallel the historical contestation between Judaism and Christianity. It investigates their overlapping and yet divergent views, which magnify questions of Jewish identity, Catholic interpretations of Judaism, Zionism, Holocaust narratives, and proselytism. Full article

The United States immigration policy Deferred Action for Childhood Arrivals (DACA) which protects some individuals from deportation was enacted in 2012, phased out in 2017 and is now under court challenges. There are still thousands of DACA students currently in higher education. The article highlights promising practices that professors and universities can put in place to support DACA students in the United States. Several semi-structured interviews were conducted with DACA students and Dream Center Directors in California universities to gauge students’ barriers and bridges to their higher education success. DACA students articulated public policy suggestions that universities and professors can immediately enact and have tangible results. Three themes were revealed in the interview data: the need for teacher knowledge, diversity of DACA student experiences, and for actions. These were explained as (1) knowledge of student’s lives, and, conversely, students’ access to information necessary for navigating college life; (2) the diversity of students’ life stories and experiences of trauma suffered during and after DACA rescinding decision; and (3) actions that should be taken by the faculty, staff, and the university community that would help students succeed academically. Full article

Despite the overwhelming evidence of human rights violations within the Eritrean Military/National Service Programme (“MNSP”), adjudication of asylum applications made by Eritreans remains a challenge. Narrow interpretations of slavery have created obstacles for protection under the 1951 Convention Relating to the Status of Refugees (“1951 Refugee Convention”). This article discusses MST and Others, the latest Country Guidance case on Eritrea issued by the UK Upper Tribunal Immigration and Asylum Chamber (“UTIAC”), and also the lead case E-5022/2017 of the Swiss Federal Administrative Court (“FAC”), which to a large extent replicated the UTIAC’s approach. The article focuses on how slavery, servitude and forced labour under article 4 of the European Convention on Human Rights (“ECHR”) have been interpreted in the British and Swiss case-law. While both, the British and the Swiss Courts, had recourse to the European Court of Human Rights’ (“ECtHR”) interpretation of article 4(1) ECHR (the right not to be subjected to slavery or servitude), they refused the applicability of international criminal law notions to this provision, and thus to the concept of “persecution” in article 1A(2) of the 1951 Refugee Convention. In doing so, the UTIAC and the FAC set unreasonable requirements to satisfy article 4(1) ECHR. Due to the very limited case-law pertaining to slavery by the ECtHR, the ECHR does not offer an appropriate framework for examining asylum applications of victims of slavery. It is therefore suggested that slavery cases are considered against a wider legal framework, which involves the examination of concepts developed by international criminal law (“ICL”). ICL has indeed developed a significant body of jurisprudence on the interpretation of the international law concept of slavery and its application to contemporary situations. The article contrasts the British and Swiss Courts’ position to develop an interpretative approach that connects different areas of international law, including not only international refugee law and international human rights law (“IHRL”), but also ICL. If applied in line with the principle of systemic integration and according to the overall purposes of the 1951 Refugee Convention, this approach would yield consistent results. Ultimately, this article seeks to assist asylum decision-makers and practitioners in the interpretation and application of the refugee definition to asylum applications of persons from Eritrea. Full article

System-involvement resulting from anti-trafficking interventions and the criminalization of sex work and migration results in negative health impacts on sex workers, migrants, and people with trafficking experiences. Due to their stigmatized status, sex workers and people with trafficking experiences often struggle to access affordable, unbiased, and supportive health care. This paper will use thematic analysis of qualitative data from in-depth interviews and ethnographic fieldwork with 50 migrant sex workers and trafficked persons, as well as 20 key informants from legal and social services, in New York and Los Angeles. It will highlight the work of trans-specific and sex worker–led initiatives that are internally addressing gaps in health care and the negative health consequences that result from sexual humanitarian anti-trafficking interventions that include policing, arrest, court-involvement, court-mandated social services, incarceration, and immigration detention. Our analysis focuses on the impact of criminalization on sex workers and their experiences with sexual humanitarian efforts intended to protect and control them. We argue that these grassroots community-based efforts are a survival-oriented reaction to the harms of criminalization and a response to vulnerabilities left unattended by mainstream sexual humanitarian approaches to protection and service provision that frame sex work itself as the problem. Peer-to-peer interventions such as these create solidarity and resiliency within marginalized communities, which act as protective buffers against institutionalized systemic violence and the resulting negative health outcomes. Our results suggest that broader public health support and funding for community-led health initiatives are needed to reduce barriers to health care resulting from stigma, criminalization, and ineffective anti-trafficking and humanitarian efforts. We conclude that the decriminalization of sex work and the reform of institutional practices in the US are urgently needed to reduce the overall negative health outcomes of system-involvement. Full article