Expulsion Of Foreigners Research Articles

COVID-19 Testing, Policy on the Expulsion of Foreigners and Disregard for the Principle of Bodily Integrity

COVID-19 Testing, Policy on the Expulsion of Foreigners and Disregard for the Principle of Bodily Integrity

The Guarantee of Human Rights, who are Subordinated to Forced Expulsion by the State Border Guard Service of Ukraine

The article investigates the issues of legal implementation of guarantees of rights and freedoms of persons who are subordinated to forced expulsion in international law, their essence and legal regulation in the European Union, regulation of these guarantees under Ukrainian law, procedural order and practice of ensuring rights and freedoms of foreigners and stateless persons who are subordinated to forced expulsion by the State Border Guard Service of Ukraine and its task on the legality of the use of forced expulsion to foreigners and stateless persons. It is emphasized that this action is an effective mean of state coercion, which is used in many countries around the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention was paid to the importance of compliance with the rules of jurisdiction during the decision of the forced expulsion of foreigners and stateless persons, preventing the relevant decision by an incompetent authority or on inappropriate grounds. The right to immediately inform a legal expert, the right to an interpreter, the possibility to appeal the decision and the special guarantees provided by the legislation about legal status of alliance and stateless persons are guaranteed to the human rights during forced deportation. It is emphasized that any decision about foreigners and stateless persons expulsion must be individual, i.e. it must be based on a reasonable and objective consideration of the specific cases of each foreigner or stateless person. The decisions of the European Court of Human Rights and Ukrainian courts where violations of the rights of persons during the application of the procedure of forced expulsion were recorded, are analysed. It is approved that the issue of guarantees of the rights of persons who are subordinated to forced expulsion has been decided in negotiation with international and European legislation, but improvement of the efficiency of legal regulation and practical implementation of forced expulsion by the State Border Guard Service of Ukraine is impossible without eliminating shortcomings and gaps in legal framework, as well as improving staff training on these issues.

Les principes regissant l’expulsion des étrangers à la lumière de la jurisprudence de la CEDH, la CIJ et la pratique des organes de contrôle onusiens

"Expulsion as a measure for the removal of foreigners from a State is governed by number of principles, which must be respected by the State having resorted to expulsion. First, we note that a State has the power to expel a foreigner from its territory, because of its sovereign power on grounds of public order, national security, or the illegal stay of the foreigner. But this expulsion is regulated by international law through a number of principles. However, the power of State in this matter is not unlimited. Thus, any decision to expel must be in accordance with the law, the State is not allowed to resort to collective expulsion, moreover, a State should only expel the foreigner to another State which is safe of origin which is safe, to prevent the foreigner from being subjected to torture. Keywords: principles, expulsion of foreigners, case law, UN bodies, control "

Terms of Forced Return and Expulsion of Foreigners and Stateless Persons by Bodies of the Border Guard Service in a Pandemic

The article examines the doctrinal approaches to determining the legal nature of the terms of forced return and expulsion of foreigners and stateless persons by bodies of the border guard service. The analysis of domestic and foreign scientific views on time measurement in administrative proceedings has been carried out. The rules of the American and European system of termination of illegal stay of third-country nationals in connection with immigration detention, which is distinguished by its purpose and duration. The place of administrative deportation in the system of migration measures under Russian law is explained by the fact that it is an administrative punishment of foreign citizens and stateless persons who are subject to detention and are kept in specially designated premises. The peculiarities of temporal regulation and its significance in the application of coercive measures aimed at the return of a migrant in the context of the global spread of coronavirus infection are clarified. The allocation of material and procedural terms within the framework of which the state border guards exercise the powers of forced return and expulsion from the territory of Ukraine is reasoned. The focus on achieving the migration result reflects the material content of the terms allotted for departure and / or ensuring the departure of an illegal migrant from the country. The material expulsion terms are also associated with detention, which is applied according to the rules of administrative proceedings and is characterized by a significant duration, especially in a pandemic. The appointment of procedural terms is justified on the basis of the current norms of administrative-procedural legislation and is associated with the performance of the procedural actions necessary to be applied to the court and the phasing of administrative-jurisdictional proceedings. During the quarantine it is allowed to review the procedural terms in contrast to the material ones. Among the prospects of elaboration of the chosen topic, a comprehensive study of the normative regulation of time characteristics of immigration detention in accordance with the new administrative legislation and the return of foreigners (stateless persons) detected during their crossing the state border and entering the temporarily occupied territory of Ukraine is proposed.

From queen of seaside resorts to expulsion corridor: monitoring the entry, stay, and expulsion of foreigners in Ostend (1838–1914)

ABSTRACT International migration and tourism developed into cornerstones of modern societies and have many common features: they generally pass through the same routes, are served and controlled by similar actors, and often depend on each other as for instance with the prevalence of migrant labour in the tourism industry. Despite these entanglements which sometimes blur the lines between tourists and migrants, there has been very little scholarly attention aimed at connecting both fields, not least from a historical perspective. Using sources generated by the Foreigners Police, a body responsible for monitoring all non-nationals in Belgium and expelling ‘undesirables’, this article analyses how mobility controls addressing tourists and migrants evolved in Ostend, one of the most prominent European tourist resorts during the nineteenth century. This article tests how mobility controls in resorts deviated from national guidelines and explores whether security concerns about controlling foreigners weighed up against economic benefits derived from international mobility. How did authorities differentiate tourists from migrants and to what extent did mobility controls of migrants overlap and differ with those addressing tourists? By exploring the entanglements between mobility and migration controls the article seeks to encourage tourism and migration scholars to engage in broader debates.

Völkerrecht und Migration

Questions of international law also arise in connection with migration. German practice is, for example, currently concerned with international law issues relating to displacement and migration across the Mediterranean Sea to Europe, as well as the requirements for the deportation of foreigners who are obliged to leave the country and be repatriated to their countries of origin. According to international law and as part of their treaty obligations, states in principle have the right to control the entry, residence and expulsion of foreigners. The principle of non-refoulement thus plays a central role in considerations of international law. In the context of operations in the Mediterranean Sea, questions arise as to the scope of sea rescue duty, the organization of the required coordination and cooperation between the state authorities involved, the criteria regarding “places of safety”, and the relationship between sea rescue and the principle of non-refoulement. The principle of non-refoulement must also be observed in the context of deportations. While individual assurances by the receiving state in specific cases are intended to serve this purpose, in practice major difficulties are often encountered when seeking to obtain assurances.

Правове регулювання застосування примусового повернення і примусового видворення іноземців та осіб без громадянства

Правове регулювання застосування примусового повернення і примусового видворення іноземців та осіб без громадянства

Moralisation and criminalisation: a socio-political history of the expulsion of foreigners in Belgium (1830-1952)

This article analyses through an historical lens how the policy of expulsion of foreigners in Belgium was born and has been transformed over time. Relying on the analysis that the rise of state intervention in the last quarter of the 19th century elevated nationality as a demarcation criterion, I say that these changes can only fully be understood if we take into account the ideological origins and use of the policies. Hence, the paradigm of the state of exception is used to describe the policies that specifically targeted political opponents and destitute foreigners. Lastly, following the theory of degradation ceremonies, I analyse how framing the foreigner as an unethical subject was an important step in legitimising the exceptional power of expulsion.

Identidad, pasaportes y vigilancia política: la expulsión de los extranjeros de Buenos Aires en 1809–1810

Due to the crisis caused by the Napoleonic occupation of Spain in 1808 and the general fear of independence movements fostered by French and Portuguese agents, the government of the last viceroy of Buenos Aires, Baltasar Hidalgo de Cisneros, by the end of 1809 decided on the expulsion of foreigners from the Viceroyalty of the River Plate. In order to control and expel the foreigners in an efficient way, the government introduced new measures and institutions of surveillance. While, thus far, a foreigner had been accepted as a neighbour (vecino) by integration, and the marriage to a local woman protected him from expulsion, this social practice now lost its significance. Instead, the political conduct and notably the foreigner's nation of origin now became crucial to his acceptance. This process can be understood in the wider sense of the framework of Atlantic history as an attempt by the Spanish Metropolis to regain control over a region were transimperial networks were very active. This article is based on original documents mainly from the Argentinean National Archive in Buenos Aires and on edited sources.

Los centros de internamiento de extranjeros (CIEs) entre control migratorio y control social: una frontera interna y polimorfa

The Immigration Detention Centres (CIEs) operate on foreign immigrants lacking valid residence documents. Here, they are analyzed as part of the new border regime explored in this section. Located within European territory, managed with obscurantist procedures and disrespectful of the Human Rights of the people confined in them, they represent a constant threat of retention and expulsion of foreigners. And they do not just directly affect the newcomers, but also foreign residents, including already rooted immigrants. They are thus «internal borders» creatingin fact a polymorphic social control system, and provoking a widespread fear sensation towards a potential detention. Running against official integration rhetoric, CIEs represent the permanent threat of expulsion. If an anthropologist would have had trouble accessing these centres through standard ethnographic means, the committed ethnography of voluntary work allows the access to the experiences of those locked up there. Knowledge of the point of view of those migrants trapped in CIEs allows for the questioning of the very notion of «irregular immigrant» and the political agenda behind the fight against irregular immigration and the control of population flows. In this vein, the CIEs can be critiziced, as they can be understood as the result of a split in the universality of Human Rights, revealing anunfairly restrictive application of them.

EL MODELO DE CONTROL DE GESTIÓN MIGRATORIA FRANCÉS: UNA EXTENSIÓN DEL SISTEMA PENAL

Resumen Este artículo se desprende de la tesis doctoral realizada sobre las políticas y prácticas de expulsión de migrantes en Francia. En primer lugar, se propone la expulsión de extranjeros como un dispositivo de seguridad2 que se concentrará especialmente en una parte de la población, los migrantes, catalogados como necesarios o excedente en función de los lineamientos que impone el mercado. Este dispositivo post-disciplinario se puede concebir como parte del sistema penal, conjugando con éste mecanismos y modalidades de intervención al mismo tiempo que se deslinda del peso burocrático y simbólico que éste ha adquirido. Esto se comprueba por ejemplo con la trasferencia del “publico” de un mecanismo al otro, es decir desde la prisión hacia los centros, a partir de la instauración del dispositivo de expulsión, pero también por medio de las prácticas y los innumerables puntos de contacto. Se señala asimismo el caso francés como un modelo de gestión migratoria que presenta características propias y distintivas de otras formas de gestión.

INMIGRACIÓN, ANARQUISMO Y DEPORTACIÓN: LA CRIMINALIZACIÓN DE LOS EXTRANJEROS “INDESEABLES” EN TIEMPOS DE LAS“ GRANDES MIGRACIONES”

Resumen Este artículo propone reconstruir y documentar ciertos procesos y hechos sociales que pusieron en relación a la inmigración, el anarquismo y la deportación en un contexto específico, la llamada “época de las grandes migraciones”3, con especial consideración del período anterior al denominado “giro restrictivo” de la década de 1930 en el campo de las políticas gubernamentales desarrolladas en la región sudamericana. Su desarrollo asume que la propia existencia de medios de control de la migración y la movilidad, como la expulsión o deportación es constitutiva de la producción social y la criminalización de la inmigración. Se realiza una aproximación al origen y expansión de la figura legal de la expulsión de los extranjeros en el continente americano, con foco en América del Sur a comienzos del siglo XX. Luego, se describen algunas de las ideas, controversias y propuestas que surgieron entre funcionarios y juristas en torno a la “expulsión de extranjeros” durante la primera década del siglo XX, a partir de la presentación del proyecto de ley y de la publicación de los respectivos “apuntes” del senador Miguel Cané en 1899. Por último, se reconstruyen momentos de la vida de la militante anarquista Juana Rouco Buela relacionados con las múltiples “deportaciones” que experimentó debido a su intenso activismo político. El análisis empírico está basado en fuentes documentales oficiales y personales de la segunda mitad del siglo XIX y las primeras décadas del siglo XX.

Expulsion of foreigners in Mexico: a commentary on the new “administrative procedure of exclusion” proposed by President Enrique Peña Nieto under the reglementary act of article 33 of the Constitution / Expulsão de estrangeiros no México:...

Expulsion of foreigners in Mexico: a commentary on the new “administrative procedure of exclusion” proposed by President Enrique Peña Nieto under the reglementary act of article 33 of the Constitution / Expulsão de estrangeiros no México:...

Does Reintegration Need REHAB? Early Release Procedures for Prisoners without a Legal Permit of Residence in Belgium

Since the eighties, Belgium faces an increasing number of foreign prisoners. Accordingly, the number of foreign prisoners without a legal permit of residence, who are incarcerated in Belgian prisons due to (suspicion of) violation of the Belgian Criminal law is also rising With regard to early release, all prisoners fall under the Belgian penitentiary Acts of 2005 and 2006 in which ‘reintegration’ is an important leading principle. However, a considerable part of the foreign prisoners without a legal permit of residence is exposed to expulsion under the Belgian Act of 1980 on the entry, stay, settlement and expulsion of foreigners after their (early) release. The use of different legal frameworks with conflicting rationales with regard to release from prison has consequences for the possibilities to prepare the reintegration of foreign prisoners without residence permit. The aim of this article is to analyse the meaning, use and importance of the reintegration principle with regard to the early release from prison of foreign prisoners without a legal permit of residence. The consequences of the interaction of requirements from immigration and penitentiary laws with regard to their release in society will be discussed. Also some statistical data on the presence of foreign prisoners without a legal permit of residence in the Belgian prisons are presented and commented from a methodological point of view.

Relações de trabalho no Brasil: aspectos de sua evolução histórica (1822-1917)

Until the Civil Code carne into force in Brazil (1917), labour relations were ruled by norms of the Philippine Ordinances (1603), laws aiming at governing agricultura! activities (1830, 1837 and 1879), the Commercial Code (1850), and norms of a merely local nature. After the Republic was implanted, with the increasing number of foreign immigrants and the emergence of urban industries, besides lax measures to protect workers under age and the freedom to organize labour unions,there was a legislation concerning the expulsion of foreigners (its norms were aggravated with the suppression of the guarantee offered to those who had married Brazilian women or whose children had been born here).The situation of helplessness in which workers used to live in Brazil has its roots in the generalized contempt devoted to manual labour. Manual labour was regarded as debasing, whereas idleness was surrounded by an aureole of nobility. In spite of everything, the proletariafs struggles contributed to agreat extern to the guarantees offered them by the legislation.

Changes in the Concept of the Emperor

This is the first example of Japanese scholarship to appear in PROD Translations. The author examines the historical role of the Emperor in Japanese political life, especially in relation to the shogunate, or military government, that ruled in his name until the 1860's. The shogunate was overthrown by members of the feudal nobility who professed a return to the traditional idea of the effective absolute authority of the Emperor, and demanded the expulsion of foreigners, yet who paradoxically destroyed the feudal order, organized the Japanese government along Western lines, and developed a new concept of the Imperial role. The historical material presented here is not new to Western scholars; its interpretation very likely is new.

On the Expulsion of Foreigners from Rome

Previous articleNext article FreeOn the Expulsion of Foreigners from RomeRichard Wellington HusbandRichard Wellington Husband Search for more articles by this author PDF Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Classical Philology Volume 11, Number 3Jul., 1916 Article DOIhttps://doi.org/10.1086/358833 Views: 63 Crossref reports no articles citing this article.

Decisions Concerning Expulsion of Foreigners from Brazil

Decisions Concerning Expulsion of Foreigners from Brazil

Brazilian Law Respecting the Expulsion of Foreigners

Brazilian Law Respecting the Expulsion of Foreigners