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| Author | : Azadeh Dastyari |
| Publisher | : Cambridge University Press |
| Total Pages | : 287 |
| Release | : 2015-07-20 |
| Genre | : Law |
| ISBN | : 110710100X |
This book presents the only contemporary legal analysis of refugee detention at Guantánamo Bay under the US Migrant Interdiction Program.
| Author | : Azadeh Dastyari |
| Publisher | : |
| Total Pages | : 322 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
The United States operates a Migrant Interdiction Program (MIP) outside its territorial sea and in Guantánamo Bay, Cuba. This thesis provides a legal analysis of the MIP as it relates to Haitian and Cuban nationals interdicted by the United States. This thesis examines the MIP from the perspective of the United States' municipal law, as well as a range of applicable international laws including international maritime, human rights and refugee law. This thesis argues that the United States' MIP is largely compliant with its own municipal law and international maritime law, with the important exception of the United States' practice of turning rescue operations into interdiction operations. However, the MIP places the United States in breach of numerous obligations under international human rights and refugee law. This thesis argues that the most viable means of remedying these violations is for the United States to cease the practice of turning rescue operations into interdictions; refrain from the use of Guantánamo Bay as a refugee processing and detention facility; conduct all status determinations in the United States; and resettle individuals owed protection from refoulement in the United States. This thesis will also argue that interdictees and their advocates cannot turn to the international legal regime or to the courts of the United States to compel the United States' executive to abide by its international obligations. This is because of the lack of effective enforcement mechanisms in the international legal regime. Furthermore, international human rights and refugee law obligations discussed in this thesis are not enforceable in the courts of the United States without additional implementing legislation. The United States has not implemented all of its international obligations in municipal law, and those obligations that have been implemented are unlikely to apply to the United States' executive in international waters and in Guantánamo Bay.
| Author | : Jenna M. Loyd |
| Publisher | : Univ of California Press |
| Total Pages | : 320 |
| Release | : 2018-03-09 |
| Genre | : Social Science |
| ISBN | : 0520962966 |
Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States’s migration detention system.
| Author | : Carl Lindskoog |
| Publisher | : University Press of Florida |
| Total Pages | : 225 |
| Release | : 2019-09-02 |
| Genre | : History |
| ISBN | : 1683401298 |
Honorable Mention, Latin American Studies Association Haiti-Dominican Republic Section Isis Duarte Book Prize Immigrants make up the largest proportion of federal prisoners in the United States, incarcerated in a vast network of more than two hundred detention facilities. This book investigates when detention became a centerpiece of U.S. immigration policy, revealing why the practice was reinstituted in 1981 after being halted for several decades and how the system expanded to become the world’s largest immigration detention regime. From the Krome Detention Center in Miami to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. When an influx of Haitian migrants and asylum seekers came to the U.S. in the 1970s, the government responded with exclusionary policies and detention, setting a precedent for future waves of immigrants. Carl Lindskoog details the discrimination Haitian refugees faced and how their resistance to this treatment—in the form of legal action and activism—prompted the government to reinforce its detention program and create an even larger system of facilities. Drawing on extensive archival research, including government documents, advocacy group archives, and periodicals, Lindskoog provides the first in-depth history of Haitians and immigration detention in the United States. Lindskoog asserts that systems designed for Haitian refugees laid the groundwork for the way immigrants to America are treated today. Detain and Punish provides essential historical context for the challenges faced by today’s immigrant groups, which are some of the most critical issues of our time.
| Author | : Azadeh Dastyari |
| Publisher | : Cambridge University Press |
| Total Pages | : 287 |
| Release | : 2015-07-20 |
| Genre | : Political Science |
| ISBN | : 1316352447 |
This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.
| Author | : Jeffrey S. Kahn |
| Publisher | : University of Chicago Press |
| Total Pages | : 352 |
| Release | : 2019-01-11 |
| Genre | : Law |
| ISBN | : 022658755X |
In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
| Author | : Ana Raquel Minian |
| Publisher | : Penguin |
| Total Pages | : 294 |
| Release | : 2024-04-16 |
| Genre | : Political Science |
| ISBN | : 0593654269 |
A probing work of narrative history that reveals the hidden story of immigrant detention in the United States, deepening urgent national conversations around migration. In 2018, many Americans watched in horror as children were torn from their parents at the US-Mexico border under Trump's "family separation" policy. But as historian Ana Raquel Minian reveals in In the Shadow of Liberty, this was only the latest chapter in a saga tracing back to the 1800s—one in which immigrants to the United States have been held without recourse to their constitutional rights. Braiding together the vivid stories of four migrants seeking to escape the turmoil of their homelands for the promise of America, In the Shadow of Liberty gives this history a human face, telling the dramatic story of a Central American asylum seeker, a Cuban exile, a European war bride, and a Chinese refugee. As we travel alongside these indelible characters, In the Shadow of Liberty explores how sites of rightlessness have evolved, and what their existence has meant for our body politic. Though these "black sites" exist out of view for the average American, their reach extends into all of our lives: the explosive growth of the for-profit prison industry traces its origins to the immigrant detention system, as does the emergence of Guantanamo and the gradual unraveling of the right to bail and the presumption of innocence. Through these narratives, we see how the changing political climate surrounding immigration has played out in individual lives, and at what cost. But as these stories demonstrate, it doesn't have to be like this, and a better way might be possible.
| Author | : Daniel Ghezelbash |
| Publisher | : Cambridge University Press |
| Total Pages | : 227 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : 1108425259 |
As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.
| Author | : Paul Farmer |
| Publisher | : Univ of California Press |
| Total Pages | : 362 |
| Release | : 1992 |
| Genre | : Health & Fitness |
| ISBN | : 9780520083431 |
In this book ethnographic, historical and epidemiologic data are brought to bear on the subject of the Acquired Immune Deficiency Syndrome (AIDS) in Haiti. The forces that have helped to determine rates and pattern of spread of Human Immunodeficiency Virus (HIV) are examined, as are social responses to AIDS in rural and urban Haiti, and in parts of North America. History and its calculus of economic and symbolic power also help to explain why residents of a small village in rural Haiti came to understand AIDS in the manner that they did. Drawing on several years of fieldwork, the evolution of a cultural model of AIDS is traced. In a small village in rural Haiti, it was possible to document first the lack of such a model, and then the elaboration over time of a widely shared representation of AIDS. The experience of three villagers who died of complications of AIDS is examined in detail, and the importance of their suffering to the evolution of a cultural model is demonstrated. Epidemiologic and ethnographic studies are prefaced by a geographically broad historical analysis, which suggests the outlines of relations between a powerful center (the United States) and a peripheral client state (Haiti). These relations constitute an important part of a political-economic network termed the "West Atlantic system." The epidemiology of HIV and AIDS in Haiti and elsewhere in the Caribbean is reviewed, and the relation between the degree of involvement in the West Atlantic system and the prevalence of HIV is suggested. It is further suggested that the history of HIV in the Dominican Republic, Jamaica, Trinidad and Tobago, and the Bahamas is similar to that documented here for Haiti.
| Author | : Phil Orchard |
| Publisher | : Cambridge University Press |
| Total Pages | : 313 |
| Release | : 2014-10-09 |
| Genre | : History |
| ISBN | : 1107076250 |
This book examines the origins and evolution of refugee protection over the past four centuries.
