Raising the Drawbridge to Cuba

2019 ◽  
pp. 101-122
Author(s):  
David Scott FitzGerald

U.S. policies toward Cubans have oscillated between periods of welcome and restriction embedded in an overall trajectory of restriction. The biggest difference between the treatment of Haitian and Cubans was that only Cubans seeking protection were granted realistic legal paths to enter the United States through visa waivers for air passengers, relaxation of enforcement of immigration laws, more robust asylum screening on the high seas, and in-country processing programs for dissidents and other programs guaranteeing slots in the immigration stream. The favorable treatment of Cubans shows that even tens of thousands of asylum seekers arriving over the course of a few months did not threaten the capacity of the United States to provide sanctuary for those facing persecution at home. The Cuban case also challenges the conceptualization of remote control. Remote control’s efficacy is highly dependent on collaboration by other governments, such as Cuba’s willingness to accept Cubans intercepted at sea by the U.S. Coast Guard.


2019 ◽  
pp. 71-101
Author(s):  
David Scott FitzGerald

The U.S. Coast Guard intercepted more than a quarter of a million migrants, including an unknown number of refugees, between 1982 and 2015. Practices developed by the United States to stop Haitians were then copied to prevent Chinese asylum seekers from crossing the Pacific. The 1993 Sale decision by the U.S. Supreme Court to allow refoulement on the high seas still stands. The fact that there are screenings at all, whatever their serious inadequacies, is evidence of diffuse international pressure articulated through the U.S. State Department and the influence of civil society. The Canadian government flirted with maritime refoulement but was constrained by greater deference to international law and the concern that openly flouting it would potentially damage Canada’s international reputation. The United States is a world leader in defining military bases strewn across the globe as territories under its control but not its sovereignty and thus spaces where asylum seekers have limited rights.



1984 ◽  
Vol 21 (03) ◽  
pp. 262-269
Author(s):  
John W. Reiter

The American Bureau of Shipping and the U.S. Coast Guard have enjoyed an excellent working relationship for a long period of time. This paper gives a brief description of both organizations, describes some of the past cooperative arrangements, and details the latest agreement concerning commercial vessel plan review and inspection.



2021 ◽  
Vol 18 (5) ◽  
pp. 519-532
Author(s):  
Stephanie Pedron

This paper examines historic federal immigration policies that demonstrate how the United States has rendered entire groups of people living inside and outside of its territory as outsiders. Collective representations like the Statue of Liberty suggest that the U.S. is a nation that welcomes all immigrants, when in reality, the U.S. has historically functioned as a “gatekeeper” that excludes specific groups of people at different times. The concurrent existence of disparate beliefs within a society’s collective consciousness influences the public’s views toward citizenship and results in policy outcomes that contrast sharply from the ideal values that many collective representations signify. As restrictive immigration controls are refined, insight into how immigrant exclusion via federal policy has evolved is necessary to minimize future legislative consequences that have the potential to ostracize current and future Americans.



1966 ◽  
Vol 3 (03) ◽  
pp. 271-272
Author(s):  
David B. Bannerman

When it had been decided that a Load Line Conference would be held in 1966, the United States drafted a complete proposed Convention which was based on the work of the United States Load Line Committee, a group sponsored by the Coast Guard, consisting of representatives of both government and the marine industry. This draft was circulated by Intergovernmental Maritime Consultative Organization to all governments in early 1964. Other governments then sent their comments on the U.S. proposal, and all comments were circulated together with the U.S. draft; the USSR prepared a complete draft also, and these were the two basic conference documents.



1994 ◽  
Vol 31 (03) ◽  
pp. 175-182
Author(s):  
Hans Hofmann ◽  
George Kapsilis ◽  
Eric Smith ◽  
Robert Wasalaski

The Oil Pollution Act of 1990 has mandated that by the year 2015 all oil tankers operating in waters subject to jurisdiction of the United States must have double hulls. This paper examines the Act and the status of regulatory initiatives it has generated. Guidance for new hull construction and retrofit of existing vessels is outlined, and both IMO (International Maritime Organization) and U.S. Coast Guard requirements are discussed. Finally, the structural changes necessary to convert the U.S. Navy's T-AO Class oil tankers to meet the requirements of the Act are specified and illustrated.



Author(s):  
Lisa Lindquist Dorr

With the passage of the Eighteenth Amendment, the federal government developed and enforcement strategy that charged the U.S. Coast Guard with preventing the illegal importation of liquor on the high seas surrounding the United States. The U.S. Customs Bureau guarded the nation's ports and borders, and the Prohibition Bureau working with state and local law enforcement patrolled the nation's interior. Congress, however, failed to appropriate the resources needed to enforce the law. The Coast Guard lacked enough ships to patrol U.S. waters, and faced uncertainty over the extent to which American authority extended out from shore. The Coast Guard picketed, tracked and trailed suspected rum runners, and disrupted the Rum Rows that developed off the coasts of American cities, but could not fully stop liquor smuggling.



1997 ◽  
Vol 66 (1) ◽  
pp. 23-32
Author(s):  

AbstractAfter the seizure of the U.S. Embassy in Tehran on 4 November 1979 and the taking of 52 American citizens as hostages, and after President Carter in retaliation froze Iranian assets in the United States banks, at home and overseas, valued at some 12 billion dollars, the grave crisis was not finally settled until 19 January 1981, after 444 days. The hostages were released and arrangements were made for the free transfer of the frozen Iranian assets. The settlement also provided for the establishment of an Arbitral Tribunal at the Hague for the solution of a wide range of specified claims. An ``insider'' tries in this article to describe the complex and burdensome building up and organisation of the largest and most important international arbitration to date.



1995 ◽  
Vol 1995 (1) ◽  
pp. 959-960
Author(s):  
Daniel Whiting

ABSTRACT The Agreement of Cooperation Between the United States of America and the United Mexican States Regarding Pollution of the Marine Environment by Discharges of Hydrocarbons and other Hazardous Substances, signed in Mexico City in 1980, provides a framework for cooperation in response to pollution incidents that pose a threat to the waters of both countries. Under this agreement, MEXUSPAC organizes Mexican and U.S. response agencies to plan for and respond to pollution emergencies in the marine environment. The MEXUSPAC contingency plan designates the commandant of the Mexican Second Naval Zone and the chief of the U.S. Coast Guard 11th District Marine Safety Division as the MEXUSPAC Cochairmen, and defines on-scene commanders, joint operations centers, and communications protocols that would be needed to coordinate the response to pollution incidents affecting both countries.



Refuge ◽  
2002 ◽  
pp. 13-20
Author(s):  
Andrew Morton ◽  
Wendy A. Young

This article outlines U.S. policy toward children asylum seekers. It highlights the gaps in U.S. detention and asylum policy which jeopardize the protection of children. It also discusses advances made in recent years, such as issuance of the U.S. “Guidelines for Children’s Asylum Claims” which establish evidentiary, procedural, and legal standards for asylum adjudicators dealing with children’s claims. Finally, it suggests reforms that are necessary to bring the United States into compliance with international law and to ensure that children are provided the refuge they deserve.



2020 ◽  
Vol 2 ◽  
Author(s):  
Denise Gilman

What years of deterrence efforts and restrictions on asylum did not achieve to block the U.S. southern border to asylum seekers, the Trump Administration has now accomplished using the COVID-19 pandemic as justification. New measures exclude asylum seekers from U.S. territory, thereby effectively obliterating the U.S. asylum program, which had promised refugee protection in the form of asylum to eligible migrants who reach the United States. In some cases, the policies adopted during the COVID-19 pandemic harden impediments to asylum already in place or implement restrictions that had been proposed but could only now be adopted. In others, the policies could never have been imagined before the pandemic. Overall, the force of these measures in dismantling the asylum system cannot be overemphasized. Once adopted, using an emergency rationale based on the pandemic, these policies are likely to become extremely difficult to reverse. This is particularly true where the restrictions exclude asylum seekers from the physical space of the United States. This article will thus explore two modes of physical exclusion taking place at the U.S. southern border during the COVID-19 pandemic: (1) indefinitely trapping in Mexico those asylum seekers who are subject to the so-called Migrant Protection Protocols; and (2) immediate expulsions of asylum seekers arriving at the southern border pursuant to purported public health guidance issued by the U.S. Centers for Disease Control and Prevention.



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