Catherine Dauvergne probes the global pressures that are challenging the state of immigration laws in Canada and around the world.

[pt] A percepção dos processos migratórios como problema de segurança nacional, principalmente a imigração irregular, levou à adoção pelos Estados de regulamentações que desrespeitam direitos e garantias fundamentais. Identificados e classificados como os outros ou inimigos que ameaçam a ordem social, os imigrantes em condição de irregularidade migratória são transformados em objetos de um discurso criminalizador não apenas nos debates públicos e políticos, mas também na legislação. O reforço preventivo de medidas de segurança na legislação americana e europeia depois dos ataques terroristas do ano 2001 nos Estados Unidos, deu origem ao fenômeno da convergência entre a Lei Penal e a Lei de Imigração, com o surgimento do termo “Crimigração”. Nesse contexto, o presente trabalho tem por objetivo o estudo da relação imigração-segurança, referenciando primeiramente como o conceito do Direito Penal do inimigo e o surgimento da percepção global do imigrante como o “outro”, influenciou fortemente na criação da legislação americana e europeia, de prevenção da imigração ilegal. Assim, a presente pesquisa também analisa como o Chile não é alheio a este fenômeno e, como em outros países, adotou a mesma lógica mencionada anteriormente em sua nova lei de migração. Essa nova lei, aprovada, no ano de 2021, embora considerada, no papel, um avanço no cumprimento dos padrões internacionais de proteção aos direitos, na realidade, perpetua condições de exclusão para os migrantes, com uma forte orientação para o fechamento de fronteiras, baseando-se na criminalização da imigração. / [en] The perception of migratory processes as a national security issue, especially irregular immigration, has led to governments adopting regulations that disrespect fundamental rights and guarantees. Identified and classified as the others or enemies who threaten social order, immigrants in condition of migratory irregularity are transformed into the targets of a criminalizing discourse, not only in public and political debates, but also in legislation. The preventive reinforcement of security measures in American and European legislation after the terrorist attacks in 2001 in the United States, gave rise to the phenomenon of convergence between Criminal Law and Immigration Law, with the emergence of the term Crimigration. In this context, this paper aims to study the immigration security relationship, considering first how the concept of Criminal Law of the enemy and the emergence of the global perception of the immigrant as the other strongly influenced the creation of American and European legislation aimed to prevent illegal immigration. Furthermore, the present research analyzes how Chile is not disconnected from this phenomenon, but like other countries, has adopted the same logic mentioned above in its new migration law. This new law, passed in 2021, although considered on paper an advance in the fulfillment of international standards for protection of rights, in reality it perpetuates conditions of exclusion for migrants, with a strong inclination towards the closing of borders, based on the criminalization of immigration.

The research highlights Salvadoran migrants’ identities within the United States since their departure from El Salvador during its Civil War. The purpose of this research is to provide a historical context of the Civil War and an analysis of the transitions of documentation that occur upon arriving to the United States. In doing so, I demonstrate how physical documentation builds an influential and detrimental power over the Salvadoran migrants’ participation within the community. It is important to mention the Civil War because of two reasons: one, for its introduction to various stages of enduring violence, and two, for its impact on migration laws towards Salvadoran refugees. This research not only portrays the various shifts of aggression, but it also distinguishes documentation as a juxtaposition between legality and classism. More importantly, the findings reveal a correlation between these dynamics of violent documentation and the Salvadorans’ distorted, misguided, and inconclusive perceptions that they hold about the concepts of belonging and identity.

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2018-07-19T17:13:48Z No. of bitstreams: 1 Lucas Rocha Silva.pdf: 981422 bytes, checksum: c6b6e4dfb818be4b1bcf91cdb0a8a9d2 (MD5) / Made available in DSpace on 2018-07-19T17:13:48Z (GMT). No. of bitstreams: 1 Lucas Rocha Silva.pdf: 981422 bytes, checksum: c6b6e4dfb818be4b1bcf91cdb0a8a9d2 (MD5) Previous issue date: 2018-06-07 / A situação do migrante laboral é um assunto alvo de importante normativa internacionalmente e nacionalmente, havendo normativas dentro do sistema das Nações Unidas como a Declaração Universal de Direitos Humanos e a existência da Organização Internacional do Trabalho que estabelece normativas e estudos sobre os direitos sociais aplicáveis. Dispõe-se, portanto, estabelecer no período de 2007 até 2016 até onde havia coadunação ou discrepância entre as resoluções e normativas da Organização Internacional, normas no âmbito universal de aplicabilidade dos Direitos Humanos e a normativa interna brasileira, analisando a Constituição Federal de 1988 e o então vigente Estatuto do Migrante. O estudo visou também tecer breves comentários sobre Lei Nº 13.445/17, conhecida como Lei de Migração e o Decreto 9.199/17 que visou regulamentá-la, estabelecendo pontos principais divergentes com a normativa anterior e eventuais consequências. Visando, ao fim, analisar o estudo promovido pela Organização Internacional do Trabalho acerca das políticas e leis brasileiras sobre o migrante laboral e sua coadunação com a normativa e estudos promovidos pela organização. / The situation of labour migration is a subject of important international and national regulations, with regulations within the United Nations system such as the Universal Declaration of Human Rights and the existence of the International Labor Organization, which establishes regulations and studies on applicable social rights. It is therefore proposed to establish in the period from 2007 to 2016 up to where there was a conflict or discrepancy between the resolutions and norms of the International Organization, norms in the universal scope of the applicability of Human Rights and the Brazilian domestic law, analyzing the Brazil¿s Constitution and the then-current Migrant Statute law. This study also aimed to make brief comments on Law Nº. 13,445/17, known as the Migration Law and Decree 9.199/17, which aimed to regulate it, establishing main points divergent with previous legislation and possible consequences. In the end aiming to analyze the study promoted by the International Labor Organization on the Brazilian policies and laws on labour migrants and their convergency with the norms and studies promoted by the organization.

In this study, an examination of the everyday experiences of the contract migrant Filipina domestic helpers exposes a culture of indifference which pervades the Hong Kong society on all levels--individual, community, and judiciary. At the centre of the abuses inflicted upon the Helpers is the employment contract with extraordinarily restrictive terms which promotes abuse by many employers. This study also looks at the transnational informal social infrastructure which has been organized by the Filipino community to mediate the hostile working environment engendered by the indifference of the global economic and political climate upon their lives. Faced with the task of implementing new policies for controlling labour migration into Hong Kong, the legislators have focused on the end result and finding the means with which to accomplish their goal. Embedded within this process are unexamined cultural mores and practices. Although the starting point is to benefit the community, by providing domestic helpers to serve the middle and upper class households, too often the abusive consequences to individual migrants are ignored as the women become the means to an end. Migration has often been viewed as an aberration to the notion of the sedentary community. Treated as an anomaly, it is the migrant who problematizes simple theoretical positions of social organization and structure. The migrant is always treated as the one who does not conform to the ideal community and is conveniently merged into existing social categories, such as the lower status of women in Hong Kong, and the lower status of domestic workers -- relegated thereby to the periphery of the society's consciousness.

This thesis deals with the proposed changes in the area of EU asylum and migration law in the light of the current refugee crisis. EU asylum and migration law are two separate areas between which there is a "close connection". The paper describes EU asylum and migration legal framework, then delimits the term "refugee crisis" and reviews recent measures taken or proposed by the EU. The thesis is divided into 3 chapters. In the first part of the paper the author follows up the legal framework which encompasses both international legal instruments (1951 Refugee Convention and others) and EU primary law and secondary acts. The second chapter is dedicated to analysis of the "refugee crisis", its crises factors, as well as to reflections on the characteristic of this crisis as a state of emergency. The last chapter, which is internally divided into two subchapters, concerning asylum and migration law, relates to particular measures taken by the EU during the crisis. The subchapter which deals with the asylum law includes the following topics: on the one hand it describes ad hoc measures to tackle the migration crisis in Italy and Greece, on the other hand it analyzes proposals of a system reform (e.g. proposal for a permanent EU relocation mechanism, reform of the Dublin system, completing the reform of...

The goal of this diploma thesis is to define, analyze and evaluate the most relevant areas related to the topic of European migration law and politics. Although the subject is quite broad, I try to focus on legal migration. Free movement of EU citizens could not be left out, however I concentrate mainly on position of migrating three country nationals within the EU. I compare the Czech legal system against the European legal system. The thesis has been divided into four chapters, which are further subdivided. In the first chapter the thesis brings a brief definition of the concept of migration in general, including a chronological historical excursion of the European norms connected to the migration law and a description of migration law, politics and the necessity of a suitable integration approach. The second chapter is devoted to create a characterization of the European migration legislation, competences in the field and a definition of fundamental human rights standards. This section also deals with theoretical and practical issues of European citizenship and the associated right of free movement. The third chapter is dedicated to legal issues of migration of third country nationals. From common regulation of borders, protection and criteria of entry, I move to analyze set of rights and...

The UN Migrant Workers Convention (CMW) that provides for fundamental human rights for migrant workers and members of their families has been adopted in 1990. Until today, none of the EU Member States has signed or ratified it. The EU Member States argue that there is no need for them to accede to the CMW, as, inter alia, the rights contained in it are already secured by other international human rights instruments and in the EU legal instruments. Additionally to the claim of the CMW redundancy for the current EU legal framework, the Member States have several times repeated the fear that the ratification of the CMW could give irregular migrants more rights and increase irregular migration to the EU. Inspired by these two in fact contradictory arguments, this research aims to explore the scope of irregular migrants related human rights protection under international and European law and verify the basis of the EU Member states claims by comparing the scope of rights of irregular migrant workers in the EU with the standards embedded in the CMW. The main research questions posed are What human rights are the irregular migrants entitled to in the EU, based on international and European legal instruments? Is the CMW indeed redundant and unnecessary in the legislative framework of the European Union or is it...

Today, some twelve million immigrants are unlawfully present in the United States. What response to this situation does Christian theology suggest for these immigrants and those who receive them? To this question about the status of immigrants before the law, the theological literature lacks an understanding of how federal U.S. immigration law developed, and it lacks a robust theological account of the governance of immigration. To fill this gap, the thesis presents three stages in the formation of the laws that designate some immigrants as aliens unlawfully present or illegal aliens, drawing out the moral argumentation in each phase and responding with moral theology. In the first stage, non-citizens were called aliens in U.S. law. In response to the argument that aliens exist as a consequence of natural law, Christian teaching indicates that immigrants are not alien either in creation or for the church. In the second stage, the authority of the federal government to exclude and expel aliens was established, leaving those who do not comply to be designated illegal aliens. To the claim that the federal government has unlimited sovereignty over immigration, interpretations of the Christian Scriptures respond that divine sovereignty limits and directs civil authority over immigration. In the third stage, legal reforms that were intended to end discrimination between countries allowed millions from countries neighboring the U.S. to become illegal aliens. These reforms turn out to be unjust on philosophical grounds and unneighborly on theological grounds. While federal law classes many as aliens unlawfully present in the United States, Christian political theology indicates that immigrants are not alien, the government of immigration is limited by divine judgment, and nationals of neighboring countries deserve special regard.

With the increase in unaccompanied children in 2015, it has become common to discuss the legal status of unaccompanied children. By the Swedish law persons under the age of 18 are considered to be minors and therefore have no ability to make decisions in personal matters with legally binding effects. A childs case does not always require the same seriousness as adult cases to be able to obtain a residence permit. This leads to at different asylum process for unaccompanied children who lack guardians upon arriving to Sweden. Various assessments are made for unaccompanied children that adults do not need to undergo for a residence permit. Through the legal dogmatic method, an analysis and report has been made in relation to the EU law, current Swedish laws and international commitments that affect unaccompanied childrens rights within Swedish legislation. The courts way of assessing grounds for protection, as well as how these are tried has been analyzed. The concept of unaccompanied children has been defined, but the focus on their rights in Sweden has also been reported. / I samband med ökningen av ensamkommande barn under år 2015 har det blivit ofta förekommande att diskutera ensamkommande barns rättsliga ställning. Personer som är under 18 år betraktas enligt svensk rätt som omyndiga och har därför ingen förmåga att med rättslig bindande verkan fatta beslut i personliga angelägenheter. Ett barns ärende behöver inte alltid ha samma allvar och tyngd som krävs för att vuxna personer ska kunna få uppehållstillstånd vilket leder till en annorlunda asylprocess för ensamkommande barn som saknad vårdnadshavare vid ankomsten till Sverige. Det görs olika bedömningar för ensamkommande barn som vuxna inte behöver genomgå för uppehållstillstånd. Genom den rättsdogmatiska metoden har det gjorts en analys och redogörelse i relation till EU-rätten, gällande svenska lagar och internationella åtaganden som påverkar ensamkommande barns rättigheter inom den svenska lagstiftningen. Domstolarnas sätt att bedöma skyddsgrunder samt hur dessa prövas inför domstolar har bedömts och analyserats. Begreppet ensamkommande barn har definierats men även fokus på deras rättigheter i Sverige har redogjorts.