The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

How can one detect and understand change in the face of apparent continuity? This is the question which has been asked by some scholars of institutionalism. One way of answering this is to make analytical room for incremental change as an endogenous source of institutional transformation. Put bluntly, one does not always need spectacular exogenous events, such as wars and revolutions, to explain institutional change. The present thesis is a qualitative case study of Japan’s immigration policy towards economic migrants since the 1980s. Its aim is to uncover a causal mechanism behind the policy development by drawing on a model of institutional change put forward by James Mahoney, Wolfgang Streeck and Kathleen Thelen. At first, the inquiry may seem ill-founded for Japan is neither an immigration country nor an immigrant-receiving country. Indeed, the country still lacks an immigration policy to speak of, and immigrants continue to be called gaikokujin (foreigners) as opposed to imin (immigrants). A closer examination of the recent policy development, however, shows that the content and practice of Japanese immigration policy simply belie its self-description. Since 2012 the Japanese government has admitted highly-skilled migrants as potential permanent residents using a points-based system and has incorporated foreigners into the resident register system for Japanese citizens in order to facilitate their integration into Japanese society. The central claim of the present research is that Japanese immigration policy has become increasingly settlement-oriented as an unexpected consequence of earlier policy decisions and that the change has been endogenously effected without dismantling the pre-existing institution of immigration management. In making this claim, I particularly draw attention to the way in which a cumulative effect of minor changes eventually transformed the basic nature of the policy institution.

This thesis aims to improve historical knowledge of Australian refugee policy between 1976 and 1983, a unique and transitional moment in the nation’s history and in international refugee movements. The discussion will be based on original evidence drawn from archival records and oral history interviews, and informed by a broad literature which recognises that refugee policy is a product of varied political imperatives and historical context. First, Chapter Three reveals that because the Fraser government could not deport the Indochinese boatpeople who sailed to Australia, it sought to approve their refugee status in order to legitimate its announcements that only ‘genuine’ refugees were being admitted. In doing so, the Fraser government was required to defend the processing of boat arrivals to the public and within the bureaucracy. Chapter Four finds that historical and political considerations informed the Fraser government’s choice not to reject or detain boat arrivals but to instead introduce legislation against people smuggling. The chapter presents new evidence to disprove claims expressed in recent academic and media commentary that the government’s Immigration (Unauthorised Arrivals) Act 1980 (Cth) marked a particularly harsh stance and that passengers on the VT838 were deported without due process, and draws from ideas within the literature concerning the need for states to promote the integrity of the refugee concept. Chapter Five contributes to international literature on refugee status determination procedure by studying the Australian government’s assessment of non-Indochinese. Through a dataset created from UNHCR archives it is found that the quality of briefing material and political considerations could influence deliberations on individual cases. Chapter Six contributes to literature on in-country processing, revealing how Australia’s programme in Chile and El Salvador was a means of diversifying the refugee intake but caused tensions between the Department of Immigration and the Department of Foreign Affairs.

This thesis analyzes the political discourse on skilled labour migration in Germany between 2005 and 2009 and investigates how and why skilled labour migration polices are negotiated in the Federal Republic of Germany. In particular the thesis highlights the significance of underlying policy maker motives within the policy formation process of Germany s 2009 Action Programme on Skilled Labour Migration as well as their ultimate imprint on the legislation. The critical discourse analysis of parliamentary debate in Germany between 2005 and 2009 in conjunction with interviews with relevant national policy makers, institutional actors, labour market stakeholder, and independent policy advisors reveals that there is a significant discrepancy between policy maker intent in regards to skilled labour migration legislation and the stated intent of the 2009 Action Programme. While the stated aim of the Action Programme is to facilitate and promote skilled labour migration to Germany, the analysis of relevant political debate and the stakeholder interviews reveals that German policy makers are primarily motivated to protect and promote preferential labour market access for domestic workers while at the same time restricting undesired labour migration to Germany. As a result, the policy measures of the 2009 Action Programme on Skilled Labour Migration have a strong protectionist and restrictionist emphasis. Moreover, the thesis reveals that the complex and multilayered power-negotiations over skilled labour migration legislation between the various policy makers, institutional actors, and labour market stakeholders are largely shaped and framed by domestic political considerations. Notwithstanding the widely acknowledged global competition over skilled workers and the need for German labour market to maintain competitive within the global economy, immigration policy makers in Germany are primarily motivated by factors that are firmly embedded within the national political sphere and that aim to control, limit, and restrict territorial access of foreign workers into the national labour market. This in turn highlights the need for migration scholars to reposition and re-conceptualize the role of the nation-state and as an active agent in shaping international labour migration flows.

The first chapter illustrates the short Italian immigration policy's history until 2001. Second chapter is dedicated to political trends in the 1990's and helps to understand the generation of new political subjects and a new form of political communication. Main targets and instruments of tightened immigration policy by centre-right governments are presented in the third chapter. The fourth chapter clarifies immigration policy's application in practice and the impact of the most important subjects and society's elements involved upon immigrants' position in Italian society and their insertion into the labour-market. The fifth chapter pays a special attention to immigration in Campania and to its regional policies and is focused on specific aspects of this region and a function of the third sector.

Italian immigration policy is a sensitive topic on the Italian as well as on the European political scene. Due to its geographical location Italy is exposed to an enormous influx of immigrants coming to the country mainly from North Africa. Being a country that faces the immigration issue in the last decades and and has a relatively young legislation in this area Italy is often criticized for its awkward anti-immigration measures. Italian society has generally a negative attitude concerning the immigration issue that is often supported by the opinions of Italian politicians and the strict legislation. My thesis analyzes the development and the current situation of the Italian immigration and asylum policy and the weightiest problems that Italy faces. The thesis describes the situation of immigrants in Italy, development of legislation in the area and the most controversial point of the last law on immigration. Next the treating of immigrants by the state authorities and the integration policy is discussed. The last chapter focuses on the Italian policy connected with the European immigration policy, analyses their relation and possibilities for a better cooperation in the future.

Thesis advisor: Kevin Kenny / The present study examines the Catholic social critique of U.S. immigration law from the introduction of literacy testing in 1917 to the removal of the national origins quota system in 1965. During this period, Catholic thinkers developed a distinctive theology of migration and engaged in a long campaign for reform of federal immigration policy. They did so at a time when the debate over that policy was characterised by a number of contentious issues: discrimination against prospective immigrants on the basis of race and national origins; the importation of migrant labor; the obligation to respond to an international refugee crisis; and the imperatives of Cold War national security. Catholic thinking on these issues involved a constant negotiation between a liberal policy position emphasizing the dignity of the individual and man's natural right to migrate, and a restrictive outlook which acknowledged sovereign states' right to control immigration and citizenship in the national interest. The Catholic philosophy was an important dimension of a national debate that oscillated between exclusionary and inclusionary approaches. In keeping with Catholic social doctrine, Catholic intellectuals and immigration experts insisted that the debate over policy and implementation should give priority to the integrity of the migrating family and the attainment and protection of a living wage for all. These priorities coalesced with a post-New Deal political and social emphasis on the heteronormative family as the core consuming and breadwinning unit in American life. Current historical understanding of the debate over American immigration policy elides the significance of religious thought. This study demonstrates that religious ideas and institutions were used to give the Post-World War II campaign for immigration reform and the Hart-Celler Immigration Act of 1965 the weight of moral authority, inclusive of their liberalizing and restrictive features. By giving the 1965 law their imprimatur, Catholic social thinkers helped efface the law's retention of restrictive and selective measures. Examination of the Catholic social critique of immigration policy reveals that socio-economic and moral ideals - as embodied by the idealized nuclear, male breadwinner-headed family - pervaded the debate over immigration reform in this era of restriction. / Thesis (PhD) — Boston College, 2014. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: History.

Over the last thirty years, research on the immigration policy-making of liberal democratic states has been preoccupied with the puzzle of why migrant inflows have reached unprecedented levels in Western countries, despite popular calls for restrictionism. A common response of scholars to this puzzle is that whilst governments endeavour to reflect public preferences for restrictive immigration policy, they are prevented from doing so by norms and institutions that are characteristic of liberal democracies. These ‘liberal constraints’ include the national judiciary; international human rights norms; and supranational institutions, such as the European Union. But what of the national legislature? What is the role of this key liberal institution in shaping immigration law within Western democracies? On this question, the literature says remarkably little. This thesis endeavours to redress this apparent neglect. Its case study is the United Kingdom, which is viewed, on the basis of existing research, as a ‘most-likely’ case for having a weak legislature; and in which the executive branch of government has been shown to be relatively unconstrained by the judiciary in comparison with other European states. Does anything, then, act to constrain the immigration restrictionism of the British government? Informed by a novel theoretical framework, ‘interpretive political opportunity structures’, the investigation focuses upon the Parliamentary passage of a single policy: the Immigration Bill 2013-14. Its analysis is based on a detailed examination of the Bill and its legislative process; and on thirty-three interviews that I conducted with key immigration policy stakeholders, including two Government ministers, one from each of the Coalition parties; Government and Opposition MPs; members of the House of Lords; civil servants; legal professionals; and lobbyists. The findings reveal that the UK Parliament had an important liberalising impact upon the Bill, acting to constrain the restrictionist bent of the executive. If the UK is accepted as a case in which we are most likely to find the opposite of this, i.e., a legislature impotent against a dominant executive, then the orthodox view that the legislature is in general a marginal actor in shaping immigration law may have to be revised. Notably, the unelected upper chamber, the House of Lords, appeared to constitute a stronger check on executive power than the elected lower chamber, the House of Commons. This is consonant with Peers’ understanding of their duty to legislate responsibly, rather than responsively (i.e., in line with popular opinion) like MPs in the Commons. Insulated from populist pressures, the Lords invites comparison with respect to its function and impact to the judiciaries of other Western nations, suggesting, perhaps, that in the British constitutional system, known for its pusillanimous judiciary, the Lords evidences an ‘adaptation’ to the marked power imbalance between the judicial and executive branches of the UK state.