scholarly journals The Legal Responsibilities of the United States Towards Asylum Seekers

AmeriQuests ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Robert F. Barsky
Keyword(s):  
United States ◽  
Asylum Seekers ◽  
The United States ◽  
Legal Responsibilities

scholarly journals Learning to Detain Asylum Seekers and the Growth of Mass Immigration Detention in the United States

2021 ◽  
pp. 1-29
Author(s):  
Smita Ghosh ◽  
Mary Hoopes
Keyword(s):  
United States ◽  
Infectious Diseases ◽  
Cognitive Dissonance ◽  
Media Coverage ◽  
Asylum Seekers ◽  
Ad Hoc ◽  
The United States ◽  
Critical Component ◽  
Immigration Detention ◽  
Important Shift

Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency. As we reveal, a critical component of this evolution was a transformation in Congress’s perception of asylum seekers. While lawmakers initially decried their detention, they later branded them as dangerous. Lawmakers began describing asylum seekers as criminals or agents of infectious diseases in order to justify their detention, which then cleared the way for the mass detention of arriving migrants more broadly. Our analysis suggests that they may have emphasized the dangerousness of asylum seekers to resolve the dissonance between their theoretical commitments to asylum and their hesitance to welcome newcomers. In addition to this distinctive form of cognitive dissonance, we discuss a number of other implications of our research, including the ways in which the new penology framework figured into the changing discourse about detaining asylum seekers.

Refugees in Resettlement: Processes, Policies, and Mental Health in the United States

2021 ◽  
Vol 49 (2) ◽  
pp. 178-195
Author(s):  
Johanna E. Nilsson ◽  
Katherine C. Jorgenson
Keyword(s):  
United States ◽  
Asylum Seekers ◽  
Culturally Responsive ◽  
The United States ◽  
Refugee Crisis ◽  
Intervention Model ◽  
Humanitarian Crisis ◽  
American Psychological ◽  
Introductory Article

According to 2019 data, there are 26 million refugees and 3.5 million asylum seekers around the globe, representing a major humanitarian crisis. This Major Contribution provides information on the experiences of refugees resettled in the United States via the presentation of five manuscripts. In this introductory article, we address the current refugee crisis, refugee policies, and resettlement processes in the United States, as well as the American Psychological Association’s response to the crisis and the role of counseling psychology in serving refugees. Next follows three empirical articles, addressing aspects of the resettlement experiences of three groups of refugees: Somali, Burmese, and Syrian. The final article provides an overview of a culturally responsive intervention model to use when working with refugees.

Immigration Detention Reborn, 1981–1982

2018 ◽  
pp. 51-70
Author(s):  
Carl Lindskoog
Keyword(s):  
United States ◽  
Asylum Seekers ◽  
Reagan Administration ◽  
The United States ◽  
Immigration Detention ◽  
Mass Migration

Immigration detention was formally reborn in the United States when the Reagan administration reinstituted a policy of detention in 1981. And at that moment, the new detention policy applied exclusively to Haitians. Chapter 3 documents how and why Haitian asylum seekers were the first targets of the revived detention program; it considers how the Reagan administration’s concerns about surging numbers of asylum seekers and anxiety over mass migration to the United States also influenced its decision to redeploy immigration detention. Finally, this third chapter documents the government’s early efforts to construct its new detention system and the movement that emerged to resist it.

Debacles on the Border: Five Decades of Fact-Free Immigration Policy

2019 ◽  
Vol 684 (1) ◽  
pp. 6-20 ◽  
Author(s):  
Jorge Durand ◽  
Douglas S. Massey
Keyword(s):  
United States ◽  
Asylum Seekers ◽  
The United States ◽  
Central American ◽  
Undocumented Migrants ◽  
Mexican Migration ◽  
Political Leaders ◽  
And Behavior ◽  
Undocumented Mexican Migration ◽  
Trump Administration

Since 1987, the Mexican Migration Project (MMP) has compiled extensive data on the characteristics and behavior of documented and undocumented migrants to the United States, and made them publicly available to users to test theories of international migration and evaluate U.S. immigration and border policies. Findings based on these data have been plentiful, but have also routinely been ignored by political leaders, who instead continue to pursue policies with widely documented, counterproductive effects. In this article, we review prior studies based on MMP data to document these effects. We also use official statistics to document circumstances on the border today, and draw on articles in this volume to underscore the huge gap between U.S. policies and the realities of immigration. Despite that net positive undocumented Mexican migration to the United States ended more than a decade ago, the Trump administration continues to demand the construction of a border wall and persists in treating Central American arrivals as criminals rather than asylum seekers, thus transforming what is essentially a humanitarian problem into an immigration crisis.

Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures

2020 ◽  
Vol 32 (1) ◽  
pp. 1-27
Author(s):  
Azadeh Dastyari ◽  
Daniel Ghezelbash
Keyword(s):  
United States ◽  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Best Practice ◽  
The United States ◽  
Human Rights Law ◽  
Refugee Status ◽  
State Practice ◽  
International Obligations

Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

Canada asylum pressures may bring political friction

2018 ◽  
Keyword(s):  
United States ◽  
Federal Government ◽  
Asylum Seekers ◽  
The United States ◽  
Asylum Policy ◽  
Content Type ◽  
The Us ◽  
Us Government ◽  
Federal Politics

Subject Asylum-seekers and Canada. Significance After an uptick in asylum claims in recent months, including via the United States, asylum policy is likely to feature more heavily in Canadian state and federal politics. Impacts New migrant flows to Canada will likely be triggered as the US government reduces its grants of Temporary Protected Status. Quebec’s government will face off against the Ottawa federal government over responsibility for new migrant arrivals. Ottawa and Washington will likely eventually update the Safe Third Country Agreement, but this could require bargaining. Canada may invest more in border policing and associated technologies.

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