Beyond Justice: The Consequences of Liberalism for Immigration Law

1997 ◽  
Vol 10 (2) ◽  
pp. 323-342 ◽  
Author(s):  
Catherine Dauvergne
Keyword(s):  
Public Discourse ◽  
Immigration Law ◽  
Liberal Theory ◽  
Liberal Society ◽  
Change Of Direction ◽  
Immigration Laws ◽  
Canadian Immigration ◽  
Policy Direction ◽  
Public Consultations ◽  
Year 2000

In November 1994 the Canadian government released its Immigration Plan for 1995 and an immigration and citizenship strategy mapping policy direction until the year 2000. This strategy, developed after extensive public consultations, was the government’s response to increasingly contentious public discourse about immigration. The 1994 document was the government’s attempt to reorient Canadian immigration law and policy. The 1996 and 1997 Immigration Plans, tabled in November 1995 and October 1996 respectively, are consistent with the five year plan announced in 1994, demonstrating that the change of direction set out in 1994 has met at least some of the government’s objectives.This paper assesses the reorientation of Canadian immigration law contained in the 1995 Immigration Plan and accompanying documents. Much of the public debate about immigration concerns whether current immigration levels and policies are fair, or just. As Canada is a liberal society, it is appropriate to begin the search for standards of fairness—or justice—in liberal theory. But because liberal theory presumes a community and then explores theories of fairness and justice within that community, it does not yield a standard of justice which is useful for assessing changes in immigration law. Nor, I argue, can liberalism’s tenets be extrapolated to address this question. This conclusion leads to insights about the role of immigration law in liberal society and points to particular ways to assess this law. While other theoretical paradigms may contain ways of determining the fairness of immigration law, such paradigms are less useful in the Canadian setting, where liberal discourse is hegemonic and hence is the language in which debates about immigration law must take place to be immediately politically relevant. The first half of this paper examines liberal theory’s failure to address the justice of immigration laws, and evaluates attempts to extend classical liberalism to meet this challenge.

Higher Than Sight Can Reach

2021 ◽  
pp. 184-207
Author(s):  
Benjamin Hoy
Keyword(s):  
World War I ◽  
Indigenous People ◽  
Great Depression ◽  
Immigration Law ◽  
World War ◽  
Popular Resistance ◽  
Indigenous Resistance ◽  
Immigration Laws ◽  
The Great Depression ◽  
Jay Treaty

Chapter 9 follows the Canada–US border’s development from 1900 until the 1930s. It surveys the Alaska Boundary Survey, World War I, Prohibition, the Great Depression, and Indigenous resistance to new immigration laws. In the 1920s, the Indian Citizenship Act and National Origins Act extended federal immigration law over Indigenous people, resulting in resistance. Deskaheh (Levi General) gave speeches in Europe to garner support for the Haudenosaunee rights to self-governance. Clinton Rickard helped found the Indian Defense League of America to increase pan-Indigenous resistance to federal policy. Paul Diabo’s legal challenge to the Immigration Service’s interpretation of the Jay Treaty helped entrench Indigenous mobility as a fundamental part of the Canada–US border. As battles over citizenship and prohibition attested, increases in federal personnel did not give either country the ability to ignore popular resistance.

Passports for Sale: How (Un)Meritocratic Are Citizenship by Investment Programmes?

2020 ◽  
Vol 22 (3) ◽  
pp. 309-337
Author(s):  
Odile Ammann
Keyword(s):  
Public Discourse ◽  
Immigration Law ◽  
The Public ◽  
The Past ◽  
The World

Abstract In recent years, citizenship by investment (CBI) and residency by investment (RBI) programmes have been burgeoning throughout the world, including in a range of European States. At first sight, such programmes are blatantly anti-meritocratic: they hinge on a person’s wealth, and not on her skills, potential, and intrinsic qualities. Yet upon a closer look, the public discourse that surrounds CBI and RBI is influenced by the same meritocratic conceptions as those that have been driving domestic citizenship and immigration law in the past decades. In this article, I take a step back from existing debates about CBI to argue that the concept of meritocracy is key to understanding, supporting, but also challenging contemporary immigration and citizenship law, including CBI. First, I analyse the merits—if I may say so—of the concept of meritocracy. I then show the limitations of using meritocratic arguments to justify the existence of CBI schemes.

Immigration Law Information Sources – Databases and the Internet

2004 ◽  
Vol 4 (2) ◽  
pp. 105-110
Author(s):  
David Ogden
Keyword(s):  
Information Sources ◽  
Immigration Law ◽  
The Internet ◽  
Immigration Laws ◽  
Immigration And Asylum ◽  
The Uk

Before 1905 there were no immigration laws in the UK. The first system of appeals in immigration cases was introduced by the Immigration Appeals Act 1969. Since then it has been subject to numerous changes. A full right of appeal to an adjudicator in asylum cases was first created by the Asylum and Immigration Appeals Act 1993. Immigration law is governed by the Immigration Act 1971, with changes made by Immigration Acts in 1993, 1996, 1999, and most recently with the Nationality, Immigration and Asylum Act 2002.

scholarly journals The Implementation Of Duties & Functions Of Immigration Office In Granting Statement Permits Of Foreign Citizens

2020 ◽  
Vol 3 (3) ◽  
pp. 353
Author(s):  
Septarina Nur Handayani ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Human Resources ◽  
Case Studies ◽  
Secondary Data ◽  
Immigration Law ◽  
Residence Permit ◽  
Foreign Nationals ◽  
Research Results ◽  
Immigration Laws ◽  
State Security ◽  
Approach Method

This study aims to determine the duties and functions of the Immigration Office in granting residence permits for foreign citizens, enforcing immigration laws against violations of residence permits for foreign nationals and knowing the obstacles and efforts made by the Immigration Office in granting residence permits for foreign citizens.This research uses an approach method Normative juridical which refers to the applicable laws and regulations by examining secondary data against the principle of immigration law, namely Act No. 6 of 2011 as well as case studies at the immigration office.Based on the research results, it can be concluded that the implementation of granting residence permits for foreign nationals at the Immigration Office is in accordance with the provisions stipulated in Act No.6 of 2011 concerning Immigration and related regulations as the executor. For foreign citizens who do not obey the rules, the Immigration Office can enforce the law to create state security and discipline. The obstacles faced are limited human resources, limited infrastructure, communication and administration. Efforts to overcome obstacles include: multiple assignments, procurement of generators, bringing in interpreters according to language, providing assurance of the issue of residence permits.��������Keywords: Immigration; Foreign Citizens; Residence Permit; Security and Discipline.

scholarly journals Toward a Race-Conscious Critique of Mental Health-Related Exclusionary Immigration Laws

2021 ◽  
pp. 87
Author(s):  
Monika Kashyap
Keyword(s):  
Mental Health ◽  
Critical Race Theory ◽  
Analytical Framework ◽  
The United States ◽  
Analytical Tool ◽  
Immigration Law ◽  
Anglo Saxon ◽  
White Supremacist ◽  
Immigration Laws ◽  
Health Related

This Article employs the emergent analytical framework of Dis/ability Critical Race Theory (DisCrit) to offer a race-conscious critique of a set of immigration laws that have been left out of the story of race-based immigrant exclusion in the United States—namely, the laws that exclude immigrants based on mental health-related grounds. By centering the influence of the white supremacist, racist,and ableist ideologies of the eugenics movement in shaping mental health-related exclusionary immigration laws, this Article locates the roots of these restrictive laws in the desire to protect the purity and homogeneity of the white Anglo- Saxon race against the threat of racially inferior, undesirable, and unassimilable immigrants. Moreover, by using a DisCrit framework to critique today’s mental health-related exclusionary law, INA § 212(a)(1)(A)(iii), this Article reveals how this law carries forward the white supremacist, racist, and ableist ideologies of eugenics into the present in order to shape ideas of citizenship and belonging. The ultimate goal of the Article is to broaden the conceptualization of race-based immigrant exclusion to encompass mental health-related immigrant exclusion, while demonstrating the utility of DisCrit as an exploratory analytical tool to examine the intersections of race and disability within immigration law.

scholarly journals Manufacturing “Terrorists”: Refugees, National Security, and Canadian Law

Refuge ◽  
2000 ◽  
pp. 54-73 ◽  
Author(s):  
Sharryn J. Aiken
Keyword(s):  
National Security ◽  
Immigration Law ◽  
International Humanitarian Law ◽  
Refugee Policy ◽  
Humanitarian Law ◽  
Current Policy ◽  
Canadian Law ◽  
Canadian Immigration ◽  
The Impact

In the first part of a two-part article, the author critically evaluates the anti-terrorism provisions of Canada’s Immigration Act. The impact of these provisions on refugees is the focus of the essay, but her observations are relevant to the situation of other categories of non-citizens as well. The inquiry begins by considering international efforts to address “terrorism,” the relevance of international humanitarian law to an assessment of acts of “terror,” and the nature of contemporary discourse on “terrorism.” Next, the evolution of the current admissibility provisions in Canadian immigration law, with particular reference to refugee policy and national security, is reviewed. A brief discussion of current policy directions concludes part 1.

Immigration and the Imperial

2019 ◽  
pp. 496-516
Author(s):  
Sherally Munshi
Keyword(s):  
Public Discourse ◽  
Forced Migration ◽  
Immigration Law ◽  
Nation State ◽  
Legal Scholarship ◽  
Mass Migration ◽  
Law And Policy

In legal scholarship on immigration, as in public discourse, we often take for granted the normative and conceptual priority of nation state borders—as though borders were here first, and migrants came second. But people have been migrating since long before the establishment of nation state borders. European imperialism was sustained by mass migration. The British imperial system consisted of the voluntary migration of settlers and administrators as well as the involuntary or forced migration of enslaved Africans, Asian “coolies,” and criminal convicts. U.S. settler imperialism continues to effect mass displacements. Because the conventional nation-state framing of immigration law often obscures the imperial histories that have shaped the inequalities that now compel migration, this chapter asserts that scholars of immigration law and history have much to gain by displacing the nation-state framework, through which questions about immigration law and policy are raised, and replacing it with an expanded framework of the imperial.

Australian social media sentiment data and domestic violence during the Covid-19 pandemic. (Preprint)

2021 ◽  
Author(s):  
Kim Usher ◽  
Joanne Durkin ◽  
Sam Martin ◽  
Samantha Vanderslott ◽  
Cecilia Vindrola-Padros ◽  
...  
Keyword(s):  
Social Media ◽  
Domestic Violence ◽  
Support Groups ◽  
Public Discourse ◽  
Public Sentiment ◽  
Future Policy ◽  
Policy Direction ◽  
High Level ◽  
Media Sentiment ◽  
Key Terms

BACKGROUND Measuring public response during COVID-19 is an important way of ensuring the suitability and effectiveness of epidemic response efforts. An analysis of social media provides an approximation to public sentiment during an emergency like the current pandemic. The measures introduced across the globe to help curtail the spread of the coronavirus have led to the development of a situation labelled as a ‘perfect storm’, triggering a wave of domestic violence. As people use social media to communicate their experiences, analyzing public discourse and sentiment on social platforms offers a way to understand concerns and issues related to domestic violence during the COVID-19 pandemic. OBJECTIVE This study was based on an analysis of public discourse and sentiment related to domestic violence during the stay-at-home periods of the COVID-19 pandemic in Australia in 2020. It aimed to understand the more personal self-reported experiences, emotions and reactions towards domestic violence, that were not always classified/collected by official public bodies during the pandemic. METHODS We searched Twitter posts in Australia using key terms related to domestic violence and COVID-19 during 2020 using ‘Meltwater’ software to determine sentiments related to domestic violence during this period. RESULTS The study showed that the use of sentiment and discourse analysis to assess Twitter data is useful in measuring the public expression of feelings and sharing of resources in relation to the otherwise personal experience of domestic violence. Heightened awareness of this could help agencies tailor and target messaging to maximize impact. Negative or neutral sentiment centered on the sharp rise in domestic violence during different lockdown periods of the 2020 pandemic with neutral to positive sentiment centered around praise of efforts to raise awareness of domestic as well as the positive actions of domestic violence charities and support groups in their campaigns. There were calls for positive and proactive handling (rather than a mishandling of) of the pandemic and results indicated a high level of public discontent related to the rising rates of the violence and the lack of services during the pandemic. CONCLUSIONS This study provided a timely understanding of public sentiment related to domestic violence during the COVID-19 lockdown periods in Australia using Twitter analysis. Twitter represents an important avenue for dissemination of information that can be widely dispersed and easily accessed by a range of different communities who are often difficult to reach. Improved understanding of these issues is important for future policy direction.

Canadian Immigration Law

1990 ◽  
Vol 32 (1) ◽  
pp. 219-222
Author(s):  
RANDAL MONTGOMERY
Keyword(s):  
Immigration Law ◽  
Canadian Immigration
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