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This paper presents a case-study of the author’s efforts to align Lucas Pope’s 2013 video game, ‘Papers, Please,’ with teaching, learning, and assessment strategy on the Immigration, Refugee & Citizenship Law module at TU Dublin. The author secured funding from TU Dublin IMPACT to purchase the game for the 37 students enrolled on the module in the 2020-2021 academic year. Students played the game over a five-week period, during which time they submitted reflective blog posts on their experience of the game. A more substantive written assignment followed thereafter, in which students elaborated upon their reflections with reference to the relevant scholarship and lecture materials. Following debriefing, marking, and feedback, the author evaluated this assessment strategy with reference to the students’ blog posts, their assignment submissions, and their responses to a semi-structured survey. What emerges from the data is an overwhelmingly positive response to games-based learning as a means to facilitate active, experiential learning and accommodate alternative learning styles. Role-playing as an immigration officer allowed students to apply the law in practice, and supported higher levels of cognition and knowledge retention. While the limitations of the data are noted herein, this case-study affirms the potential of video games as a supplementary resource, and the extent to which video games can be constructively aligned with course syllabi.

Seemingly mundane bureaucratic papers – such as birth and marriage certificates – are official proof of legal identities and relations to kin, usually issued by the state of origin. For Syrians who have sought asylum in Germany, these documents are necessary during the asylum procedure and beyond, for certain bureaucratic procedures and the recording of crucial life events. Retracing the crafting of these documents in Syria, and their encounter with German bureaucracy, captures the depth of the entanglement between the Syrian and German citizenship regimes, as well as their discrepancies in relation to paperwork and legality. Drawing on ethnographic research with Syrians in Lebanon and in Germany, this article argues that the legal production of legality in Germany can only be achieved through legally ambiguous, if not so-called illegal, practices in Syria. [ABSTRACT FROM AUTHOR]

This paper investigates the role of admission forms in the regulation of asylum confinement in the second half of the nineteenth century. Taking the Toronto Lunatic Asylum as a case study it traces the evolution of the forms' content and structure during the first decades of this institution. Admission forms provide important material for understanding the medico-legal assessment of lunacy in a certain jurisdiction. First, they show how the description of insanity depended on a plurality of actors. Second, doctors were not necessarily required to indicate symptoms of derangement. Third, patients' relatives played a fundamental role in providing clinical information. From an historiographical perspective, this paper invites scholars to consider the function of standardized documents in shaping the written identity of patients. [ABSTRACT FROM AUTHOR]

Trafficking is not simply a new form of slavery, but rather a complex multivalent and multi-sited process (Anderson and O'Connell Davidson, 2003). This article explores the exit strategies employed by coerced laboring subjects (Fernandez 2014; O'Connell Davidson 2015), to shed light on some of the many "varieties of unfreedom" (O'Neill 2011) in the global labor marketplace. Just as documentation has become indispensable for contemporary global mobility (Bales 1999; de Genova 2003; de Genova and Peutz 2010; Lawrance and Stevens 2017), trafficking survivors also need documentation to protect their newfound liberty. I argue that today trafficking victims deploy "unfreedom papers" as powerful evidentiary counterweights to resist securitized migration policies that would seek to reinstantiate their vulnerability and their potential for further trafficking, and in so doing obviate gradations of trafficking subjecthood created by the politicization of asylum. In the absence of corroborating testimony, trafficking survivors and their advocates engage expert witnesses in order to gain humanitarian protection. "Unfreedom papers"—documentation consisting of diverse records detailing the persistence of coercion and the failures of neo-abolitionist legislation interpreted with the authoritative voice of an expert witness—are now indispensable to trafficking survivors. [ABSTRACT FROM AUTHOR]

This paper offers an epilogue to a special edition of articles employing a temporal lens to examine the politics of European asylum and reception systems. From camps to courts to casework, the papers explore a range of temporal matters arising in relation to attempts to manage human mobility. In this epilogue, I identify three temporal themes that arise across the different papers and that are dominant in contemporary Euro-American migration governance. These are: 1) the tempos (the strategic, often contradictory, employment of fast and slow speeds); 2) synchronicity (the multiplicity of times in European migration systems, and the alienation caused by disharmony); and 3) the tenses (from thwarted and inaccessible individual futures, to political representations of the past and future, and the enduring reverberations of past events). The prologue goes on to argue the importance of avoiding allochronism and identifies ways the authors avoid temporally 'othering' people, including by recognising people's autonomy in acts of timing and in reclaiming and recalibrating their own timelines and rhythms. The paper ends with a call for the migration sector to 'widen our gaze' and to draw out the underlying colonial and capitalist temporalities so as to situate migration governance in broader temporal bordering and dispossession. After all, themes of limbo, impermanence, insecurity, temporal poverty, negated futures, temporal dissonance, and other temporal governance mechanisms that hierarchise, marginalise and discipline us, are increasingly evident across the globe, whether or not we cross a border. [ABSTRACT FROM AUTHOR]

This paper provides an overview of the contributions of the special issue, using these to arrive at an inventory of five ways in which we can critically approach the role of legal language in the systems of asylum determination in rich countries. It also draws out a series of broader lessons from the special issue and concludes by reflecting on the influence of scholarly work amongst the judges, lawyers, interpreters, and others involved in administering asylum processes. [ABSTRACT FROM AUTHOR]

Executive Summary: This paper examines the staffing needs of the US Department of Justice's Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and "judge teams" (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record "encounters" of migrants at US borders in FY 2022 and 2023. [ABSTRACT FROM AUTHOR]

This paper analyzes the role of border fortifications for migration control and access to asylum based on two case studies: the Hungarian–Serbian and U.S. American–Mexican borders. The research is based on qualitative interviews on both sides of the borders. It shows that despite other options for border control, fortifications still play an important role, especially for asylum seekers. Fences fulfill a material, a symbolic and a filtering function here. The three functions contribute in different ways to preventing asylum seekers from crossing the border, thus depriving refugees of the opportunity to apply for asylum. The paper shoes that fences fulfill functions that other forms of border control (such as shifting or smart borders) cannot accomplish in the same way and it thereby contributes to understanding the 'puzzle' of contemporary border fencing. [ABSTRACT FROM AUTHOR]

He spoke about the causes of the growing immigration court backlog, particularly the "imbalance in resources" between the court system and the immigration enforcement agencies that feed cases into the courts. Immigration court reform through the creation of an Article 1 immigration court or, in the alternative, legislation to allow USCIS to review (first) all applications for immigration status. Keywords: rule of law; due process; asylum; access to justice; immigration courts EN rule of law due process asylum access to justice immigration courts 228 237 10 07/25/23 20230601 NES 230601 This paper introduces a special collection of papers on access to justice, the rule of law, and due process in the US immigration system. US Immigration Courts, despite their challenges, represent a locus of due process in the US immigration system and "the first exposure of many immigrants to due process and the rule of law in the United States.". [Extracted from the article]

While all anthropological experts take pride when their evidence plays a vital role in securing protection for an asylum applicant, we also acutely remember the cases in which our research and reports were rejected, particularly when our reports appear to be unfairly rejected. In this paper, I discuss two cases in which the British Home Office argued that an asylum applicant was not entitled to protection because he participated in war crimes/crimes against humanity. However, the evidence provided by War Crimes Unit in the United Kingdom's Home Office took the form of assertions based on a very poor understanding of Ethiopian politics and limited research. In the first case, the Immigration Judge accepted the evidence submitted by the Home Office and refused the applicants claim for asylum, but on appeal the Home Office withdrew the case against the applicant. In the second case, the Immigration Judge adopted some of my evidence for the applicant but denied his claim. This paper explores the pitfalls of litigation and the ability of the state to tilt the scales of justice against asylum claimants. [ABSTRACT FROM AUTHOR]

The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States' practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved - protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers' rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection. [ABSTRACT FROM AUTHOR]

The concept of "transit" is an understudied phenomenon in migration studies. Transit is not necessarily a linear and unidirectional temporal movement from origin to destination countries, nor is it a clearly demarcated event in time and space. This article examines the complex dimensions of transit, that is, the geospatial, social, economic, psychological, and relational aspects that both shape and are being shaped by asylum seekers. Drawing on a unique qualitative phenomenological approach, the study utilizes an in-depth case narrative to trace and analyze the transit of Mamadou, a Guinean 26-year-old male asylum seeker in France. The salient themes of the narrative fall into five parts: (1) Triggers of transit; (2) Transit as a survival strategy; (3) The complex legal hurdles of asylum; (4) The politics of discomfort and dispersal; and (5) Acts of resistance. Throughout the narrative, an analytic lens is interwoven as informed by relevant literature. The results highlight how Mamadou's migration trajectory is characterized by various cycles of trauma, while he simultaneously employs survival, livelihood, and resistance strategies to confront and overcome these different forms of trauma. This paper highlights the much-needed call to depoliticize transit through adopting a pragmatic approach to asylum that promotes a virtuous cycle of policies, which contribute to the wellbeing and integration of asylum seekers. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 153-156 | Article | (Abstract) The functioning of the Schengen area and, more broadly, of European external borders, have been under considerable strain due to increased migration flows, the COVID-19 pandemic and security threats. These developments have tested Member States’ and EU agencies’ compliance with EU rules and principles, and the viability of the EU migration, asylum and border control policies. The future is equally challenging and will be marked by the reform EU migration, asylum and border control policies, with the recent adoption of the New Pact on Migration and Asylum and the amendment of the Schengen Borders Code. The nine Articles – by Thomas Gammeltoft-Hansen and William Hamilton Byrne, Violeta Moreno-Lax, Jorrit J. Rijpma and Henriet Baas, Niovi Vavoula, Věra Honusková and Enes Zaimović, Luisa Marin, Matija Kontak, Ana Kršinić and the editor, Iris Goldner Lang – contained within this Special Section, offer a contemporary and rich study of Schengen and European borders against the backdrop of recent challenges and future perspectives. They cast a new look on both the legal and political context of Schengen by discussing its infrastructure, Schengen accessions, externalisation, protection of migrants’ and asylum seekers’ rights, as well as the use of modern technologies at the EU’s external borders.

The 'flexible' interstate solidarity model envisaged by the 2020 'New Pact on Migration and Asylum' ('the Pact') allows European Union (EU) member states to choose how to do their share in the distribution of the costs connected to asylum. According to one of the proposals contained in the Pact, member states have the option to contribute to the distribution through return sponsorship, taking measures to facilitate the return of irregular migrants residing in other member states. This paper asks: should EU member states be allowed to discharge their solidarity obligations through return sponsorship as envisaged by the Pact? Scholars of the Common European Asylum System (CEAS) have raised several doubts about this proposal, particularly regarding the feasibility of return sponsorship and the related risks for human rights. Although the proposal is pragmatic in some respects, these problematic aspects pose at least two questions for normative political theorists: first, should member states be allowed to choose their form of contribution in a solidarity scheme? And, if so, should return sponsorship be one of the contributions allowed? Building on normative theories of solidarity in the EU, this article will argue that return sponsorship should be rejected both because it does not further solidarity among member states and because the rights of rejected asylum seekers set a strong presumption against it. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1663-1678 | Article | (Table of Contents) I. Introduction. – II. Primary law: migration management and its limits. – III. Secondary legislation: enhanced protection of migrants’ rights. - III.1. Enhancing the rights of migrants – III.2. Promotion of State interests. - IV. Asylum policy: reform failure and circumvention. – IV.1. “Pushbacks” as an extreme form of non-compliance. - IV.2. Continuity of “organised hypocrisy” over time. – V. Conclusion. | (Abstract) EU primary law reaffirms that States have the right to control the entry and stay of non-nationals, but it also entrusts the legislature with deciding, within the confines of human rights, how open or closed the external borders shall be. The ensuing tension between protection and state control is deeply engrained in the history and presence of European migration law. Supranational legislation often establishes a higher level of protection than human rights in the form of individual rights to legal entry or stay; these statutory guarantees considerably curtail the room for manoeuvre of the Member States, albeit on the basis of their “voluntary” consent. At the same time, EU migration law and policy can increase the practical leverage of States by means of inter-state cooperation. These contrasting dynamics coalesce in the contemporary debate about asylum policy. Protective elements exist, but several Member States violate their obligations, notably in the external border control context (“pushbacks”). While such instances of open resistance are unprecedented, they build on a history of half-hearted commitment ever since the signature of the Refugee Convention. EU migration law comprises reasonably generous domestic legislation and contributes to reducing the numbers of arrival at the same time, in particular via cooperation with third states such as Tunisia, Turkey, or Morocco, thus reiterating the simultaneity of “rescuing” and “taming” the nation-state.

This paper unpacks the ways in multiform colonialities of power, species of colonial power and genealogies of colonial power jostle for dominance at the contemporary UK asylum border. Grounded in the context of the Glasgow Bajuni campaign – an attempt to overturn minoritised Somali asylum seekers’ refused “Disputed Nationality” cases – it argues (1) that existing “coloniality of citizenship” literatures can be extended by considering the roles of different “species” of coloniality (such as Protectorate colonialism) in the development of citizenship/migrantising regimes, (2) that “relational entanglements” theorisations should be applied to critiques of bordering/citizenship processes and that (3) relational entanglements are highly contextually specific and full critiques of bordered injustice must incorporate these specificities in their analysis. Consideration of these critiques in combination, the paper argues, leads to precise identification of the multiple and intersecting injustices suffered by the Bajuni campaigners at the asylum border that would otherwise remain obscured. [ABSTRACT FROM AUTHOR]

Encounters with, within and between digital technologies have become characteristic of life in the contemporary moment. This is, often, no different for displaced individuals seeking asylum across European states. Smartphones have become part of the everyday ‘doing’ of life for individuals governed through asylum systems which now includes routinely encountering the state. Whilst smartphones are commonly said to offer the promised affordances of increased connection or communication, this paper aims to explore how everyday encounters with the UK asylum state fall short of these imagined expectations. In its place, the paper identifies how a series of ongoing (non)encounters—encounters that fail to manifest in expected ways; characterised by pauses, delays or voids—become characteristic of the everyday experience of being a digitally connected asylum seeker in the UK. Drawing upon a year‐long ethnographic research project with people actively seeking asylum in the UK between 2022 and 2023, this paper thus explores how the increased uptake of smartphone affordances within the UK asylum system contributes to the ongoing administration of state slow violence: experienced as exhaustion through everyday digital (non)encounters. Developing the concept of the (non)encounter for geographic research, this paper outlines how forms of dis/connection become characteristic of the state encounter for asylum‐seeking individuals. These modes of dis/connection are traced as slow violence along the contours of neoliberalisation and hostile assemblages of asylum governance within the UK context. [ABSTRACT FROM AUTHOR]

While the drivers and processes of forced migration may overlap for people seeking refuge or experiencing human trafficking, responses are invariably rooted in legislation and policy rather than empirical enquiry. In the UK, tightening of legislation around asylum has, for the past three decades, resulted in a 'hostile environment'. During this time, a discourse around human trafficking (also referred to as 'modern slavery' in the UK) has emerged. This paper looks at asylum and human trafficking in the UK to consider a fractioning of protection and resulting fractioning of support for basic needs and welfare provision, provided through the establishment of parallel systems of support for both populations. This paper explores the distinctions, interface, key points of contact, and disconnects between asylum and trafficking in the UK. It details the trajectory of asylum policy, provides an overview of the pre-history to the hostile environment, the impacts of fractioning refugee protection, and what this means for trust as a result. It is argued that trust is an essential component of UK government policies but that the trajectory of asylum policy from a focus on integration to a culture of hostility runs directly counter to efforts to identify 'victims' of 'modern slavery'. [ABSTRACT FROM AUTHOR]

The US immigration court system seeks to "fairly, expeditiously, and uniformly administer and interpret US immigration laws" (DOJ 2022a). It represents the first exposure of many immigrants to due process and the rule of law in the United States, and occupies an integral role in the larger US immigration system. Yet it labors under a massive backlog of pending cases that undermines its core goals and objectives. The backlog reached 1.87 million cases in the first quarter of FY 2023 (Straut-Eppsteiner 2023, 6). This paper attributes the backlog to systemic failures in the broader immigration system that negatively affect the immigration courts, such as: Visa backlogs, United States Citizen and Immigration Services (USCIS) application processing delays, and other bottlenecks in legal immigration processes. The immense disparity in funding between the court system and the Department of Homeland Security (DHS) agencies that feed cases into the courts. The failure of Congress to pass broad immigration reform legislation that could ease pressure on the enforcement and court systems. The lack of standard judicial authorities vested in Immigration Judges (IJs), limiting their ability to close cases; pressure parties to "settle" cases; and manage their dockets. The absence of a statute of limitations for civil immigration offenses. Past DHS failures to establish and adhere to enforcement priorities and to exercise prosecutorial discretion (PD) throughout the removal adjudication process, including in initial decisions to prosecute. The location of the Executive Office for Immigration Review (EOIR), which oversees US immigration courts, within the nation's preeminent law enforcement agency, the Department of Justice (DOJ). The misconception of many policymakers that the court system should primarily serve as an adjunct to DHS. A past record of temporary judge reassignments and government shutdowns. The paper supports a well-resourced and independent immigration court system devoted to producing the right decisions under the law. Following a short introduction, a long section on "Causes and Solutions to the Backlog" examines the multi-faceted causes of the backlog, and offers an integrated, wide-ranging set of recommendations to reverse and ultimately eliminate the backlog. The "Conclusion" summarizes the paper's topline findings and policy proposals. [ABSTRACT FROM AUTHOR]

Based on over three-years of fieldwork with a grassroots football initiative in inner-city Leeds, this paper highlights the different forms of pleasure experienced by forced migrant men within the space of the football sessions. The paper outlines how football can aid and instigate the experience of bodily, cognitive and social pleasures in spite of lives being heavily controlled by the sprawling nature of the UK border regime. Rather than isolating 'pleasure' as bodily sensation or mental stimulant, this paper moves these embodied feelings towards examining the social (in)significance of pleasures in the context of everyday lives of forced migrants. As a result, this research paper finds that these pleasures – whether bodily, cognitive, cathartic, convivial - act as a counter to the dehumanising effects of the UK asylum process by providing temporary moments of escape from pains from the past, anxieties of the present, and fears for the future. To this end, engaging in pleasure is seen here as a political act. [ABSTRACT FROM AUTHOR]

Copyright of Ricoeur Studies / Etudes Ricoeuriennes is the property of University of Pittsburgh, University Library System and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the ways in which contemporary mobility dynamics in Mexico have changed over the last decade, leading to protracted displacement. It focuses on three populations: (1) the internally displaced due to violence; (2) Mexican nationals returning from the United States, both voluntarily and due to deportation; and (3) populations seeking asylum in Mexico and the United States. These three populations are not usually analyzed together and do not squarely fall under the traditional legal definitions. The paper outlines ways that situations of protracted displacement and insecurity present challenges in four interconnected arenas of life: housing, legal status, employment, and emotional well-being. For governments and local communities, protracted displacement requires immediate humanitarian responses and the development and implementation of public policies focused on integration. The paper concludes with a set of policy recommendations based on its findings. [ABSTRACT FROM AUTHOR]

This paper explores how the hostile environment manifests in UK higher education. Our findings highlight the specific challenges encountered by asylum seekers in negotiating access to, and participating fully in, higher education. This group are categorised as international students, rendering them ineligible for student finance to meet the cost of living and university tuition fees in addition to exclusion from mainstream benefits and the labour market. The empirical data generated through a survey of universities, students and support organisations is explored first through the concept of universities as sites of bordering and the original framing of the higher education border. Second, the data is used to picture the state of solidarity at this border, arguing that redistributive solidarity and solidarity as 'standing up beside' are needed, but both require further investment from HEIs. In conclusion, we argue that the hostile environment creates overlapping and intersecting restrictions on these students and that this, amplified by the complex relationship between HEIs and the state, causes a conflict of solidarity between, on the one hand, supporting students and, on the other, officiously complying with the Home Office. [ABSTRACT FROM AUTHOR]

Political agency of refugees and asylum seekers is usually recognised as different forms of activism, focusing on rights claiming or protesting on inferior living conditions. While these activities are vitally important in the struggle over refugee rights and policies, they are not the only ways in which asylum seekers and refugees act politically. Perhaps paradoxically, the publicly visible activities may hide from the view other forms of effective and critical agency. Based on research with asylum seekers in precarious situations, this paper discusses their subtle forms of agency seldom identified as political – least by those enacting them. Many asylum seekers and refugees have little faith in exerting change though public protest and explicitly dissociate themselves from politics. With focus on mundane critical attitudes and activities, this paper suggests that thin political possibilities open through agency motivated by 'radical hope'. The radically hopeful agencies in hopeless asylum situations, and their political dimensions, are identified through a non-linear understanding of temporality that challenges the received notion of refugeeness as generated in the past, struggled for in the present, and orienting towards a desired-for future. [ABSTRACT FROM AUTHOR]

This paper focuses on the extreme hardship suffered by migrants crossing through Libya to reach Italy and Europe. The paper documents and defines the notion of extreme hardship and argues in favour of an ethics of care that provides for protection for those migrants who may not be asylum seekers for what concerns their initial motivation for migrating but who need humanitarian protection because of the harm suffered while en route. Starting with a normative exploration of how an ethics of care can and should inform the policy of countries of arrival, this paper analyses the specific case of Italy and the emerging case law and legal practice in relation to the humanitarian stay permits. Based on the analysis of relevant scholarly literature, policy and legal texts and interviews with expert informants (lawyers and judges) and taking stock of an innovative practice that emerged in Italy in the period 2015–2020, the paper also discusses similar provisions in other European countries and argues for the possibility to develop and codify a humanitarian permit, at national or also European level. [ABSTRACT FROM AUTHOR]

Copyright of HAPSc Policy Briefs Series is the property of Hellenic Association of Political Scientists and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper examines conflict and migration in different countries couple with the new crisis facing global governance in battling refugee's problem. The major causes of conflict are irreconcilable differences between political elites and rebels, bad governance and economic crunch leading to war and refugees movement. Refugees movement have overpopulated border in some states causing socio-economic disputes in host state sparking up confrontation between the local people and the migrants. The method used in this research is secondary and interview of returned migrants to ascertain the patterns of treatment and problems of migration. The study reveals that the pressure of escaping from their homeland either through war or seeking for jobs in another country have made migrants to be confrontational whenever they get to border that security guards are mindless of their long distance suffering. The study recommends that there should be development centres in both developed and developing countries to accommodate migrants running away from war-like state to stay for four years before repatriation to a place that demand their services, in doing so, they would have save for the purpose of investment and at the same time discourage request for permanent status in host state. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 22-238 | European Forum Insight of 11 July 2023 | (Table of Contents) I. Introduction. - II. Defining migration instrumentalization. - III. Amendments to national legislation against instrumentalization of migration episodes: the cases of Lithuania, Latvia, and Poland. - IV. National emergency measures and their compliance with the fundamental rights framework. - V. EU legislative changes to address the instrumentalisation of migration phenomena. - VI. Concluding remarks. | (Abstract) Lithuania, Latvia, and Poland have amended their legislation to respond to the increased migration flows caused by the policies of instrumentalisation of migrants implemented by the Belarusian government. This Insight illustrates these responses and shows how these EU Member States instrumentalised border tensions with Belarus to adopt restrictive migration policies impacting the rights of people on the move. Such legislative changes follow a paradigm shift at the EU level, in light of which third country nationals who are subject to instrumentalisation are qualified as hybrid threats. As a consequence, EU migration management policies legitimise national restrictive border control measures into the EU legal framework, to prevent the entry of foreign persons into the EU territory. Such a policy approach confirms a chronic inability of the EU to respond effectively and uniformly to mass migration movements, thus driving hostile third States to perpetrate hybrid attacks, such as instrumentalisation of migration practices, to gain political or economic advantages over the EU and its Member States. This Insight argues that EU migration and asylum policies must conform to the highest standards of fundamental rights protection to avert future hybrid attacks in the form of mi-gration instrumentalisation practices. Furthermore, the EU should abandon a securitization rationale that equates people on the move as security threats, thus legitimizing their dehumanisation and dis-regarding their rights.

In a world where asylum and migration have become major concerns for countries of transit and destination, political neutrality seems to be demanded from humanitarian workers. But under the pressures of workload, limited funds, and complex settings, these actors deviate from expectations and practice extra‐legal authority of a unique political nature. When handling asylum cases, these agents take crucial decisions that decisively impact the lives of asylum seekers. In legally fragile transit points where the rule of law faces challenges and where asylum seekers come seeking further resettlement in European countries, rejected applicants face risky fates of deportation, jail, violence, or death. In turn, humanitarian caseworkers pushed by workloads, purse strings, emotional burnout, and compassion fatigue, flatten the sufferings of their applicants, balance, and rank them. Caseworkers have to rank sufferings and decide who may eventually survive and who may simply be left to a risky unknown. In Agambian terms, this extralegal authority draws the lines, creates a zone of exception and throws rejected applicants into the realm of "Bare Life" where they become "Homo Sacer," whose life is worthless. Using Lipsky's theorization of street‐level bureaucrats and in‐depth interviews, the paper tackles these crucial issues by interviewing caseworkers from a variety of international organizations operating in the transit point of Egypt. These caseworkers are responsible for conducting different roles in the Refugee Status Determination process. [ABSTRACT FROM AUTHOR]

Data have become a vital device of border governance and security. Recent scholarship on the datafication of borders and migration at the intersection of science and technology studies and critical security studies has privileged concepts attuned to messiness, contingency, and friction such as data assemblages and infrastructures. This paper proposes to revisit and expand the analytical vocabulary of script analysis to understand what comes to count as data, what forms of data come to matter and how "drawing data together" reconfigures power and agency at Europe's borders. Empirically, we analyze controversies about the practices of asylum decision-making and age assessment in Greece. We show that agency of "users" is unequally distributed through anticipations of subscription and dis-inscription, while asylum seekers are conscripted within security scripts that restrict their agency. Moreover, as a multiplicity of inscriptions are produced, migrants' claims can be disqualified through circumscriptions of data and ascriptions of expertise. [ABSTRACT FROM AUTHOR]

This paper discusses why and how public attitudes should matter in regulating asylum and refugee protection in rich democracies, with a focus on Europe. Taking a realistic approach, I argue that public views constitute a soft feasibility constraint on effective and sustainable policies towards asylum seekers and refugees, and that a failure to take seriously and understand the attitudes of the host country's population can have a very damaging effect on refugee protection and migrants' rights in practice. Bringing together insights from political philosophy, the politics of asylum, and research on public attitudes, I develop my argument by discussing why 'what the people think' should matter in asylum and refugee polices; how public views can and should matter given the well-known challenges with measuring attitudes and policy preferences; and what the prevailing public views might mean for the reform of asylum and refugee policies in Europe. [ABSTRACT FROM AUTHOR]

This paper critically engages with the long-term protection of trafficked persons. In particular, it assesses whether, and the conditions under which, trafficked persons can be considered as refugees under Article 1A of the Geneva Refugee Convention. The importance of international refugee law in this context is highlighted both by the number of trafficked persons seeking international protection and by its suitability to overcome the shortcomings of existing protection provisions in anti-trafficking instruments, which remain discretionary, conditional, and limited in scope. The paper begins by discussing the relevance of refugee protection for trafficked persons. It then applies the various components of the refugee definition to trafficked persons, focusing on the concepts of persecution and membership of a particular social group. Within these, it focuses on aspects of the debate that are currently missing from the broader literature. This includes the question of whether trafficking qua trafficking meets the threshold of persecution and the value of developments in international law in that regard, the merit of using race as a convention ground in cases of trafficked persons, and the contribution of legislative developments recognizing former victims of trafficked persons as members of a particular social group. It then concludes by highlighting the benefits of refugee protection for trafficked persons and indicating the challenges on the road to that protection. [ABSTRACT FROM AUTHOR]

The management of migration at European Union level has been and continues to be a goal of the Member States and the Community institutions, and the application of the principle of solidarity can be an appropriate instrument for managing this area throughout the European Union. The paper presented is intended to be a comprehensive presentation of the role of applying the principle of solidarity in managing migration in the European Union, but also an analysis of the effectiveness of the mechanisms used in applying the principle at Member States level, by public administration. Identifying the similarities and differences in the applicability of the principle of solidarity in the management of migration at EU Member State level is a clear way of establishing the effectiveness of this principle, but also of establishing the possibility for its development. As a result, the paper aims to help complete existing theory and practices in the field, as well as to provide a set of alternatives to the current problems in society with regard to migration. Last but not the least as a general conclusion of the document, it should be noted that the principle of solidarity in the Member States in the field of migration would be an eloquent proof of the functioning of the European Union and an instrument for the development of the European community. [ABSTRACT FROM AUTHOR]

Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards. [ABSTRACT FROM AUTHOR]

British proposals to forcibly deport asylum seekers to Rwanda have raised fierce opposition from across the political spectrum in the UK and internationally. These proposals differ from official practices of deportation as they have developed in liberal democracies since the 1970s. There are certainly some international parallels, such as Australia's 'Pacific Solution' of 'offshoring' asylum, which is often cited as an inspiration. Yet a much clearer precedent involving the forcible movement of people to countries where they have no personal or legal connection existed for many years in the British Empire. Colonial policies of forcible removal, relocation, displacement, and dispersal around the Empire are well established. We draw attention to these longer histories before investigating more recent cases of the dispersal of refugees within the British Empire in the twentieth century. In many cases, such forced dispersal concerned those who had been recognised as refugees who were interned and subsequently moved elsewhere in the Empire. Such policies were designed to prevent the arrival of refugees in the UK. These policies have provided inspiration for asylum practices in some postcolonial states—Israel is reported to have reached an agreement with Uganda and Rwanda to deport asylum seekers from Sudan and Eritrea, although these are not public. In this paper, we highlight how these colonial practices of forcible displacement of individuals inform the current agreement between the UK and Rwanda. [ABSTRACT FROM AUTHOR]

Trauma-informed (T-I) approaches to working with vulnerable people have gained popularity in practice but are rarely used in academic research and little is known about the challenges of conducting a T-I approach to participatory research. This paper reflects on our experiences of a participatory peer research project involving unaccompanied young people seeking asylum (16–25 years) during the Covid-19 pandemic. Whilst the project adhered to a robust ethical framework, it became apparent at an early stage in the empirical phase that our methods needed to acknowledge and accommodate the trauma of those involved in the project much more thoughtfully and effectively than our ethical framework suggested. With this in mind, we set about identifying the key elements of a T-I approach to research and how these might add value to research with vulnerable and marginalised populations. Our model of a T-I approach to peer research is framed around five core principles: working reflectively with those with lived experience; contextualising trauma; nurturing trust; showing care; and empowering those involved in and affected by the research. [ABSTRACT FROM AUTHOR]

This article aims to analyse the asylum process within the European Union, more specifically with regard to the LGBTIQ people. Firstly, it will create a list of legal instruments and complementary documents, which will determine the degree of protection offered by both international organisations and transnational NGOs. Secondly, in light of pervious evolution of interpretation, the article seeks to present the framework, which leads to the possibility of granting refugee status to LGBTIQ persons. Although gender is not a specific reference in the refugee definition, it is widely accepted that persecution and harm can be inflicted on persons non-conforming to the traditional gender roles. Thirdly, it explores the challenging factors that are taken into account when granting refugee status to applicants with such sensitive grounds for the claims. Alongside the third part of the essay lies the question the paper seeks to ask. Therefore, the research is attempting to determine the extent of the protection offered to LGBTIQ asylum seekers and what can be improved in said process, both at the European level and national level. [ABSTRACT FROM AUTHOR]

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The Italian government has decided to resort to a national state of emergency to manage recent migration flows. This approach, which has been used previously, aims at expanding the existing reception system. This is also accompanied by a set of measures, as outlined in Decreto Legge No. 20/2023, which adopt a more restrictive stance. This decree further restricts the possibility to grant special protection to asylum seekers and prosecutes more severely the participation in human trafficking operations. This paper analyses the latest developments in Italian law and outlines the legal issues they have raised. [ABSTRACT FROM AUTHOR]