Immigration Regulations Research Articles

Recent Developments in Health Law

As of July 1, 2008, females aged 11-26 years seeking status as permanent residents in the United States must produce documentation that they have received the human papillomavirus (HPV) vaccine before the U.S. Citizenship and Immigration Services will approve their status adjustment. Immigration rights activists and public health officials have objected to this new requirement on the grounds that it is unnecessary and imposes unreasonable barriers to lawful immigration due to its expense. The Supreme Court has generally upheld mandatory vaccination requirements for citizens and non-citizens and has tolerated federal immigration regulations that would be unconstitutional if applied to citizens. However, the HPV vaccination requirement may be arbitrary, unnecessary, and discriminatory as applied to green card applicants who pose no greater threat to public health than citizens who are not subject to the same requirements. Furthermore, the requirement may also impose unreasonable restraints on aliens individual liberties as well as real barriers to immigration.

Petersberger Erklärung Anstöße für eine zukunftsgerichtete Arbeitsmarktpolitik

In this paper six authors propose guidelines for German labor market policy, to overcome current discouragement and lead to a new balance of social security and individual competetiveness. Crucial aspects in this regard should be a reformed tax system based on excise instead of income taxes, and a system of incentives (vouchers) to encourage further education and individual initiative in the event of unemployment. In addition the declaration pleads for economic regulation of immigration and demands more marketability of honorary work. The welfare state should not be shattered but has to stimulate the individual to take economic risks and chances. This paper has been forwarded to a broader German public in order to influence discussion on the future course of labor market policy.

Unskilled Labor Migration and the Illegality Spiral: Chinese, European, and Mexican Indocumentados in the United States, 1882–2007

This article explores the historical production of immigrant illegality in the United States as a set of interrelated yet distinct racial projects. The passage of nineteenth and twentieth century immigration legislation, which instituted requirements for immigrant identification, transformed unskilled labor movements from China and Europe into unauthorized or improperly documented immigration. This illegality was differently racialized. Excluded as a group, Chinese entrants became wholesale associated with illegality. In contrast, though it far surpassed the numbers of unauthorized entrants from China, European illegal movement was quickly forgotten. Unauthorized immigration from China and Europe were met with tightened immigration law and enforcement. Set in motion by the regulation of Chinese and European immigration, this “spiral of illegality” created the context for the transformation of Mexican laborers into indocumentados in the twentieth century and continues to shape the conditions under which twenty-first century immigrants arrive and live in the United States. While Mexican nationals have been the largest group to have arrived undocumented in the United States, today they constitute about half of the undocumented population, which hails from everywhere in the world, including nations in Asia and Europe. Recognition of such intersections among undocumented immigrant groups questions widespread assumptions about the existence of sharp distinctions between contemporary and historical immigration, and it also contributes to emerging forms of cross-ethnic activism for immigrant rights that complicate notions of indocumentados as nationals of one particular country.

Opening the floodgates: why America needs to rethink its borders and immigration laws

Preface and Acknowledgments 1 A Call for Truly Comprehensive Immigration Reform 2 A Brief History of U.S. Immigration Law and Enforcement 3 Bordering on the Immoral: The Moral Consequences of the Current System of Immigration Regulation 4 The Economic Bene?ts of Liberal Migration of Labor Across Borders 5 Why Open Borders Are Good for All Americans 6 The Inevitability of Permeable Borders Notes Index About the Author

Lo Siento Pero Usted No Está Bienvenido: U.S. Travel Policies and Immigration Laws for HIV-Infected Persons

Each year thousands of individuals from around the world seek entry into the United States for either short stays or permanent residency. Although once considered the melting pot of the world for welcoming an influx of diversity the United States generally prohibits HIV-infected individuals from entering the country. U.S. immigration law imposes travel and immigration regulations prohibiting individuals infected with HIV from entering the country without special waivers and permanent records of the travelers HIV status inside their passports. With approximately 1.6 million people living with HIV in Latin America (United Nations Programme on HIV/AIDS 2007) these restrictions have an impact on HIV-infected Hispanics attempting to travel or immigrate to the United States. In essence these persons with HIV may believe that the message being sent to them is Lo siento pero usted no esta bienvenido (I am sorry but you are not welcome). (excerpt)

Migrant Women’s Bodies as Boundary Markers: Reproductive Crisis and Sexual Control in the Ethnic Frontiers of Taiwan

Migrant Women’s Bodies as Boundary Markers: Reproductive Crisis and Sexual Control in the Ethnic Frontiers of Taiwan

The accelerating decline in America's high-skilled workforce: implications for immigration policy

Introduction 1. High-skilled Workers Other Countries Running Faster, While US Standing Increasingly Still? 2. The US High-Skilled Immigration System As It Exists Today 3. The Necessary Welfare Trade-off US Software Workers and Why Quotas Are Particularly Bad at Labor Market Matching 4. Concluding Remarks What This Book Implies For Necessary Reforms of US High-Skilled Immigration Regulation.

La place des clandestins dans la ville. Pratiques foncières et Comoriens à Mamoudzou (Mayotte)

Yann Gérard The place of illegal immigrants in the city. Land use practices and immigrants from the Comoros in Mamoudzou (Mayotte). In this study, land use practices, whether they be private or in response to public spatial planning operations, are analysed to reveal the place of illegal immigrants in the city'. Their omnipresence within the town of Mamoudzou highlights the fact that their illegal status is linked to immigration regulations, even if this entails a certain social marginalisation, amply illustrated by the insecurity of their work and housing situation. When the authorities in charge of spatial planning policy carry out a "régularisation" operation in a neighbourhood, evicting illegal immigrants prior to redevelopment work, this in reality enables a minority of Mayotte natives to be granted land to build on, an increasing rarity in the agglomeration. Lastly, between the authorities and the natives of Mayotte, the illegal immigrants' role seems to be that of a balancing variable.

Self-selection and earnings assimilation: Immigrants from the former Soviet Union in Israel and the United States

Drawing on U.S. decennial census data and on Israeli census and longitudinal data, we compare the educational levels and earnings assimilation of Jewish immigrants from the former Soviet Union (FSU) in the United States and Israel during 1968-2000. Because the doors to both countries were practically open to FSU immigrants between 1968 and 1989, when FSU immigrants were entitled to refugee visas in the United States, the comparison can be viewed as a natural experiment in immigrants' destination choices. The results suggest that FSU immigrants to the United States are of significantly higher educational level and experience significantly faster rates of earnings assimilation in their new destination than their counterparts who immigrated to Israel. We present evidence that patterns of self-selection in immigration to Israel and the United States--on both measured and unmeasured productivity-related traits--is the main reason for these results. When the immigration regulations in the United States changed in 1989, and FSU Jewish immigrants to the United States had to rely on family reunification for obtaining immigrant visas, the adverse effects of the policy change on the type of FSU immigrants coming to the United States were minor and short-lived As early as 1992, the gaps in the educational levels between FSU immigrants coming to Israel and to the United States returned to their pre-1989 levels, and the differences in earnings assimilation of post-1989 immigrants in the United States and Israel are similar to the differences detected in the 1980s.

Searching for the North in North American Foreign Policies: Canada and the United States

Canada needs to bring a comprehensive northern dimension to its foreign policy. To be effective, the new policy must be an integral part of Canada's broader foreign policy, and must be reinforced by domestic policies. The Northern Dimension of Canada's Foreign Policy (2000) A northern foreign policy? We don't do north in our foreign policy-- unless you're talking about relations with the polar bears, walrus or caribou. Unattributed foreign policy advisor to President George W. Bush For many observers of Canadian-American affairs it was a bit of a surprise to find that the first problem to emerge in the bilateral relationship following the election of the new Harper government was related to the North. Rather than being a trade issue linked to softwood lumber or a border security concern tied to differing national immigration regulations, it was the question of Arctic sovereignty that was to disrupt briefly the promise of renewed positive relations between the two countries. In late January of 2006, the American ambassador to Canada, David Wilkins, appeared to raise questions in a speech to a Canadian audience about Ottawa's need to exert complete control over its northern lands and waters. The newly-elected Canadian prime minister, Stephen Harper, was forced to make a quick response, offering the opinion that Arctic sovereignty was indeed an important concern for Canadians and that it would be a foreign policy priority for his new government. He further indicated that the American ambassador might wish to refrain from making further comments on the matter (Galloway 2006). What puzzled many observers on both sides of the border concerning this brief, heated exchange was why either Canadian or American interests in the Arctic should be given such attention. Neither country had made the North an issue of prominent concern in their mutual relations for several years. Nor had either country appeared to devote much attention to the North in its overall foreign policy behavior. The idea that Canada and the United States might have different and contending approaches to their international relations in the North was a new idea to many. For those who had been carefully following the development of Canadian and American foreign policies in the North over the past several decades, however, such a sudden diplomatic outburst was not totally unexpected. The two countries did, in fact, have somewhat different visions of their roles in the North and their contributions to current circumpolar diplomacy. While there had been a good deal of common cause between Ottawa and Washington in their dealings in the North prior to the end of the Cold War, the two countries had begun to diverge in their attitudes and approaches to the region since the decline of that international system. It. might be important, some suggested, that these differences be detailed. The Nature of the Inquiry This essay discusses the problems that both Canada and the United States have faced over the past several decades in envisioning and articulating a northern dimension to their respective foreign policies. As noted above, both countries have suffered from a certain reluctance to consider the North as an important component of their foreign relations and have only belatedly begun to look at themselves as circumpolar states. Nonetheless, northern issues and concerns have become increasingly visible features of both Canada's and the United States' dealings with other members of the global community and in their relations with one another. The essay begins by providing a historical overview of the United States' and Canada's interests in the North over the past century It considers the political, economic, social, and strategic concerns that have driven each country to become involved in the region. Here, attention is focused on the evolution of their interests from exploration and establishment of sovereignty in the North to economic exploitation, strategic defense, and ultimately international cooperation. …

The Importance of International Students on Our Campuses

International students have become a hot global commodity. Governments and institutions of higher education worldwide have begun putting in place policies and programs to draw the very brightest international students. Tony Blair, for example, announced in 2006 that he was putting in place a package of incentives to make Britain an even more attractive destination for international students. This represented the second phase of an initiative launched in 1999 to increase the number of non-European students study ing in the U.K. In Australia, a governmental agency, Australian Education International, works in coordination with universities to streamline efforts to attract international students. In the U.S., the Institute of International Educators recently issued a report titled “Restoring U.S. Competitiveness for International Students and Scholars,” which calls for the federal govern ment to develop a national recruiting strategy for international students and to make far-reaching changes in the immigration regulations and visa procedures as they impact this recruitment. There are numerous factors behind the surge of interest in international students. At the national level, there is the recognition that international students have historically played an important role in advancing America’s research competitiveness in the STEM disciplines (science, technology, engineering, and mathematics). Whereas the best American-born students have tended to gravitate to careers in business and law, the first-choice ca reers of their counterparts from countries such as China and India is often in engineering and the sciences. The advancement of scientific research and technology therefore has relied disproportionately on foreign-born talent. There is also a feeling that international students, having lived and studied in the United States, often become excellent ambassadors of American culture when they return to their home countries. This is seen as an important step in enhancing the image of the U.S. overseas, and by extension, U.S. security. At the scale of universities and colleges, there has been an increasing recognition that our graduates will be competing in an international labor market and need to become comfortable in working with students from different parts of the world. The term “global competency” is often used to

On the Benefit of African Immigration to Europe: Turn in the EU Immigration Policy?

A growing number of Africans flee from their desolate economic situation or violent conflicts and political persecution at home to Europe. The European Union shares responsibility for this growing economic misery, in view of its egoistic external trade policy. Nevertheless, it intensifies the foreclosure of its external borders. Thereby, the escape routes become even more dangerous; thousands die every year. The European-African migration summits in Rabat and Tripoli in June and November 2006 even strengthened this policy of exclusion. Yet, well adapted immigration regulations would serve the interest of all parties involved. Last, but not least, it could contribute to protect the over-aged population of European member states in the long run against threatening economic decline. Even Germany and France meanwhile hesitantly accept the fact that they are an immigration country. The EU commission endorses a limited and temporarily restricted immigration of Africans. However, two fundamental problems remain unsolved. Cost and benefit of immigration are distributed asymmetrically between the social classes. In addition, the EU favours the admission of high skilled labour, which tends to strengthen the brain drain from Africa even more, while millions of unskilled irregular migrants compete with the growing army of unemployed in the host countries. Both will aggravate the imminent danger of violent conflicts and of right-wing extremism in the immigration regions.

New Immigration Policy in Europe

European countries have been erecting thick walls aimed at preventing unwelcome guests from entering. The institutional, legal and even physical barriers are have the intention of stopping flows of political and economic migrants who try to make their way to the imaginary dreamland of a welfare state. All these regulations carry the label of New Policy, and the continent itself has been called Fortress Europe. At the same time states of the European Union are consolidating their powers in creating a common unified immigration policy. This paper analyses both: the new and the process of unification of the immigration regulations in the EU. It goes back in time showing the emergence of immigration policy regimes. Moreover, it tries to bring to light the barely existent tackling of root causes.

Chinese Exclusion, Photography, and the Development of U.S. Immigration Policy

This article argues that photographic identity documentation was central to the implementation of Chinese exclusion and to the development of U.S. immigration policy in the late-nineteenth and early-twentieth centuries. Starting in 1875, as restrictionists implemented and expanded exclusion policies, they developed an extensive system of photographic identity documentation to attempt to control Chinese immigrants. The Immigration Bureau used this system as a model for the expansion of photographic identity documentation to other racialized immigrant groups and, in 1924, to all immigrants. This aspect of immigration policy has been overlooked by most historians both because of their focus on written records and because of their attention to European immigrants, who remained largely untouched by official photographic practices until they were restricted as part of the racially based National Origins Act of 1924. However, the history of Chinese immigration identity documentation shows both that exclusion was central to the development of U.S. immigration policy and that visual regulation was a key component of immigration restriction. Chinese immigrants fought against their exclusion, representation, and regulation by the United States through three key strategies. First, elite Chinese community leaders launched diplomatic, legal, and political challenges to the implementation of new photographic documentation policies. When these challenges were unsuccessful, documented Chinese took control over their own photographic images, presenting themselves as respectable individuals in their identity documentation. Finally, excluded Chinese resisted their rejection under the exclusion laws by manipulating photographs and photographic documentation in order to enter the United States. In contrast to legal efforts to resist photographic immigration regulation, these extra-legal strategies successfully undermined the discriminatory exclusion policies, challenged the purposes of documentation, and questioned the photograph's emerging authority as evidence.

The Them And Us Syndrome: Some Opportunities And Threats To Be Faced When Teachers Come From Certain Countries And Students Come From Others

Switzerland is a country with particularly strong immigration regulations, which obliges Hospitality Schools to very often restrict their recruitment for instructors to the local labour market. The students, however, mostly come from distant countries. These students naturally bring their own cultural backgrounds and mental programming, which is not necessarily compatible with those of their lecturers. This paper will study potential areas of misunderstandings and communication problems between students and teachers interacting in Swiss Hospitality Management Schools, due to their different cultural backgrounds.

Molecular analysis reveals tighter social regulation of immigration in patrilocal populations than in matrilocal populations

Human social organization can deeply affect levels of genetic diversity. This fact implies that genetic information can be used to study social structures, which is the basis of ethnogenetics. Recently, methods have been developed to extract this information from genetic data gathered from subdivided populations that have gone through recent spatial expansions, which is typical of most human populations. Here, we perform a Bayesian analysis of mitochondrial and Y chromosome diversity in three matrilocal and three patrilocal groups from northern Thailand to infer the number of males and females arriving in these populations each generation and to estimate the age of their range expansion. We find that the number of male immigrants is 8 times smaller in patrilocal populations than in matrilocal populations, whereas women move 2.5 times more in patrilocal populations than in matrilocal populations. In addition to providing genetic quantification of sex-specific dispersal rates in human populations, we show that although men and women are exchanged at a similar rate between matrilocal populations, there are far fewer men than women moving into patrilocal populations. This finding is compatible with the hypothesis that men are strictly controlling male immigration and promoting female immigration in patrilocal populations and that immigration is much less regulated in matrilocal populations.

On the Regulation of Aliens and Immigration in Spain in 2006

On the Regulation of Aliens and Immigration in Spain in 2006

UK Initiatives on Forced Marriage: Regulation, Dialogue and Exit

The literature on feminism and multiculturalism has identified potential conflicts between the recognition of cultural diversity and securing women's equality. Three broad approaches to this dilemma have emerged in the practices of contemporary states: regulation, working with the communities, and exit. Each of these is apparent in current initiatives regarding forced marriage, but the overwhelming emphasis in the UK has been on enabling individuals to exit from the threat or reality of a forced marriage. In assessing these initiatives, this paper highlights the limitations of exit and the danger of moving towards immigration regulation as the preferred solution.

REVIEW: An identity story without end

Review of New Faces, Old Fears, directed by John Bates and Manying IP, Documentary New Zealand, TV One.The issue of identity, both cultural and ethnic, has come to the force for significant minority of New Zealanders who are of chinese descent since the freeing up of immigration regulation in 1987 led to a new influx of settlers. More than 80,000 ethnic Chinese and 20,000 Korean people have decided to call New Zealand home, triggering a several hundredfold rise in the population of New Zelanders with Asian ancestry.

Policies of Backlash: Recent Shifts in Australian Migration Policy

The article analyzes the development of Australian migration policy in the 1990s and early years of the twenty-first century, particularly highlighting the shift to a predominantly economic rationale of immigration regulation under the conservative Howard governments. These changes in the migration program encompass the preference of skilled migration over family reunion, the facilitation of temporary migration as well as the introduction of particularly restrictive regulations in the field of asylum policy. It is argued that especially the restrictive regulations of unauthorized migration cannot sufficiently be explained by referring to the redistributive and regulatory character of the policy implications. In order to explain the particularly restrictive response to unauthorized migration in Australia, one also has to relate public debate and policy changes to a fundamental transformation of national identity. The former racial understanding of the Australian nation as a “white nation”, an understanding that was officially abandoned with the end of the White Australia Policy in the 1960s, is underlying populist notions that are particularly widely spread among the rural population and lower middle classes of the metropolitan centres.