Fifth edition of a plain-language guide to Australia's immigration laws, first published in 1986. Builds on previous editions and incorporates the substantial changes to the law that occurred prior to 1 January 1997. Brings together the Migration Act, regulations, department policy and relevant case law. Provides hints on dealing with the Department of Immigration and information on how to keep up-to-date with changing legislation and policy.
This text book has been developed to assist migration practitioners students, academics, lawyers, migration agents, staff of the Department of Immigration and Border Protection, parliamentarians' staff, or anyone with an interest in migration law to understand Australian migration law in a practical and real-life context. The book will be an invaluable companion for students studying the entry-level course (Graduate Certificate in Australian Migration Law and Practice) prescribed by the Minister for Immigration and Border Protection. Practising migration agents, and newly registered lawyers, will also find it a useful aid in their work and professional development. Immigration officers in Australia and overseas might also use this book for training purposes, information exchange and discussion. Features· clearly laid out with easy-to-follow explanations· questions and answers hand-picked by experienced teachers to match the curriculum· authoritative source of information Related TitlesCope, Quick Reference Card - Migration Law, 2015Fernandez, Gerkens, Yau & Ozyurek, Australian Migration Legislation Collection, 2016Schloenhardt, Quick Reference Card - People Smuggling, 2015Schloenhardt, Quick Reference Card - Trafficking in Persons, 2015
Pursuing Citizenship in the Enforcement Era provides readers with the everyday perspectives of immigrants on what it is like to try to integrate into American society during a time when immigration policy is focused on enforcement and exclusion. The law says that everyone who is not a citizen is an alien. But the social reality is more complicated. Ming Hsu Chen argues that the citizen/alien binary should instead be reframed as a spectrum of citizenship, a concept that emphasizes continuities between the otherwise distinct experiences of membership and belonging for immigrants seeking to become citizens. To understand citizenship from the perspective of noncitizens, this book utilizes interviews with more than one-hundred immigrants of varying legal statuses about their attempts to integrate economically, socially, politically, and legally during a modern era of intense immigration enforcement. Studying the experiences of green card holders, refugees, military service members, temporary workers, international students, and undocumented immigrants uncovers the common plight that underlies their distinctions: limited legal status breeds a sense of citizenship insecurity for all immigrants that inhibits their full integration into society. Bringing together theories of citizenship with empirical data on integration and analysis of contemporary policy, Chen builds a case that formal citizenship status matters more than ever during times of enforcement and argues for constructing pathways to citizenship that enhance both formal and substantive equality of immigrants.
Each year, more than half a million migrant children journey from countries around the globe and enter the United States with no lawful immigration status; many of them have no parent or legal guardian to provide care and custody. Yet little is known about their experiences in a nation that may simultaneously shelter children while initiating proceedings to deport them, nor about their safety or well-being if repatriated. Migrant Youth, Transnational Families, and the State examines the draconian immigration policies that detain unaccompanied migrant children and draws on U.S. historical, political, legal, and institutional practices to contextualize the lives of children and youth as they move through federal detention facilities, immigration and family courts, federal foster care programs, and their communities across the United States and Central America. Through interviews with children and their families, attorneys, social workers, policy-makers, law enforcement, and diplomats, anthropologist Lauren Heidbrink foregrounds the voices of migrant children and youth who must navigate the legal and emotional terrain of U.S. immigration policy. Cast as victims by humanitarian organizations and delinquents by law enforcement, these unauthorized minors challenge Western constructions of child dependence and family structure. Heidbrink illuminates the enduring effects of immigration enforcement on its young charges, their families, and the state, ultimately questioning whose interests drive decisions about the care and custody of migrant youth.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
In Help (Not) Wanted, Michael Strausz offers an original and provocative answer to a question that has long perplexed observers of Japan: Why has Japan's immigration policy remained so restrictive, especially in light of economic, demographic, and international political forces that are pushing Japan to admit more immigrants? Drawing upon insights developed during nearly two years of intensive field research in Japan, Strausz ultimately argues that Japan's immigration policy has remained restrictive for two reasons. First, Japan's labor-intensive businesses have failed to defeat anti-immigration forces within the Japanese state, particularly those in the Ministry of Justice and the Japanese Diet. Second, no influential strain of elite thought in postwar Japan exists to support the idea that significant numbers of foreign nationals have a legitimate claim to residency and citizenship. This book is particularly timely at a moment shaped by Brexit, the election of Trump, and the rise of anti-immigrant political parties and nativist rhetoric across the globe.
