Migration, Citizenship, and Asylum
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Asylum-Seekers Become the Nation's Scapegoat
NYLS Journal of International and Comparative Law Volume 14 Number 2 Volume 14, Numbers 2 & 3, 1993 Article 7 1993 TURMOIL IN UNIFIED GERMANY: ASYLUM-SEEKERS BECOME THE NATION'S SCAPEGOAT Patricia A. Mollica Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Mollica, Patricia A. (1993) "TURMOIL IN UNIFIED GERMANY: ASYLUM-SEEKERS BECOME THE NATION'S SCAPEGOAT," NYLS Journal of International and Comparative Law: Vol. 14 : No. 2 , Article 7. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol14/iss2/ 7 This Notes and Comments is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. TURMOIL IN UNIFIED GERMANY: ASYLUM-SEEKERS BECOME THE NATION'S SCAPEGOAT I. INTRODUCTION On November 9, 1989, the Berlin Wall fell, symbolizing the end of a divided German state. The long dreamed-of unification finally came to its fruition. However, the euphoria experienced in 1989 proved ephemeral. In the past four years, Germans have faced the bitter ramifications of unity. The affluent, capitalist West was called on to assimilate and re-educate the repressed communist East. Since unification, Easterners have been plagued by unemployment and a lack of security and identity, while Westerners have sacrificed the many luxuries to which they have grown accustomed. A more sinister consequence of unity, however, is the emergence of a violent right-wing nationalist movement. Asylum- seekers and foreigners have become the target of brutal attacks by extremists who advocate a homogenous Germany. -
UNHCR Observations on the Proposed Amendments to the Norwegian Immigration Act and Immigration Regulations
UNHCR Observations on the proposed amendments to the Norwegian Immigration Act and Immigration Regulations [Høring – tilknytningskrav for familieinnvandring] I. INTRODUCTION 1. The UNHCR Regional Representation for Northern Europe (hereafter “RRNE”) is grateful to the Ministry of Justice and Public Security for the invitation to express its views on the law proposal of 3 February 2017, which seeks to amend Section 9-9 of the Immigration Regulations, cf. to Section 51 third and fourth paragraph [adopted by the Parliament in June 2016, but not yet entered into force]. The Proposal seeks to introduce a facultative provision (a so-called attachment requirement)1 which will allow the immigration authorities to refuse applications for family reunification submitted by persons granted international protection in Norway when the person concerned is able to enjoy family life in a safe country where the family’s aggregate ties are stronger than those to Norway. The Ministry of Justice and Public Security describes the enforcement of the new rule on the attachment requirement in terms of ‘may’ clause which leaves it to the discretion of the Norwegian authorities whether to apply it or not. 2. As the agency entrusted by the United Nations General Assembly with the mandate to provide international protection to refugees and, together with Governments, seek permanent solutions to the problems of refugees,2 UNHCR has a direct interest in law and policy proposals in the field of asylum. According to its Statute, UNHCR fulfils its mandate inter alia by “[p]romoting the conclusion and ratification of international conventions for the protection of refugees, supervising their application and proposing amendments thereto [.]3 UNHCR’s supervisory responsibility is reiterated in Article 35 of the 1951 Convention4 and in Article II of the 1967 Protocol relating to the Status of Refugees5 (hereafter collectively referred to as the “1951 Convention”).6 3. -
Female Genital Mutilation & Asylum in the European Union
© UNHCR / J. Oatway 2009 FEMALE GENITAL MUTILATION & ASYLUM IN THE EUROPEAN UNION A Statistical Update (March 2014)* Female genital mutilation is a human rights violation Female genital mutilation (FGM) includes procedures that [My Grandma] caught hold of me and gripped intentionally alter or cause injury to the female genital organs my upper body. Two other women held my legs apart. for non-medical reasons. This harmful traditional practice is The man, who was probably an itinerant traditional most common in the western, eastern, and north-eastern circumciser from the blacksmith clan, picked up a pair regions of Africa; in some countries in Asia and the Middle of scissors. […] Then the scissors went down between East; and among migrant and refugee communities from my legs and the man cut off my inner labia and clitoris. these areas in Europe, Australia, New Zealand, Canada and A piercing pain shot up between my legs, indescribable, the United States of America. and I howled. Then came the sewing: the long, blunt needle clumsily pushed into my bleeding outer labia, FGM is recognized internationally as a violation of the human my loud and anguished protests. [… My sister] Haweya rights of women and girls. The practice also violates a was never the same afterwards. She had nightmares, person’s rights to health, security and physical integrity; the and during the day began stomping off to be alone. My right to be free from torture and cruel, inhuman or degrading once cheerful, playful little sister changed. Sometimes treatment; and the right to life when the procedure results in she just stared vacantly at nothing for hour.” death. -
Moving Beyond Crisis: Germany's New Approaches to Integrating
MOVING BEYOND CRISIS: GERMANY’S NEW APPROACHES TO INTEGRATING REFUGEES INTO THE LABOR MARKET By Victoria Rietig TRANSATLANTIC COUNCIL ON MIGRATION MOVING BEYOND CRISIS Germany’s New Approaches to Integrating Refugees into the Labor Market By Victoria Rietig October 2016 Acknowledgments The author is grateful to the many experts in Berlin and Dresden who shared their expertise and time in interviews and email exchanges to inform this analysis—their contributions were invaluable. Thanks also go to Meghan Benton and Maria Vincenza Desiderio, Senior Policy Analysts at the Migration Policy Institute (MPI) and MPI Europe, who improved this report through their thoughtful review and comments on earlier drafts, and to Michelle Mittelstadt and the MPI Communications Team for their skillful edits. This research was commissioned by the Transatlantic Council on Migration, an MPI initiative, for its sixteenth plenary meeting, held in Toronto in June 2016. The meeting’s theme was “The Other Side of the Asylum and Resettlement Coin: Investing in Refugees’ Success along the Migration Continuum,” and this report was among those that informed the Council’s discussions. The Council is a unique deliberative body that examines vital policy issues and informs migration policymaking processes in North America and Europe. The Council’s work is generously supported by the following foundations and governments: Open Society Foundations, Carnegie Corporation of New York, the Barrow Cadbury Trust, the Luso-American Development Foundation, the Calouste Gulbenkian Foundation, and the governments of Germany, the Netherlands, Norway, and Sweden. For more on the Transatlantic Council on Migration, please visit: www.migrationpolicy.org/ transatlantic. © 2016 Migration Policy Institute. -
Germany and the Refugee Crisis: Practical Solutions, Political
Teaching Modern Languages at Post-16 and Beyond (28/6/15) Dr Caroline Pearce, Department of Germanic Studies, University of Sheffield Germany and the Refugee Crisis: Practical Solutions, Political Consequences Terminology and context Integration Multikulturalismus Parallelgesellschaften ‚Einwanderungsland‘ Flüchtlinge, Asylbewerber, Einwanderer, Personen mit Migrationshintergrund, Migranten, Gastarbeiter, Ausländer, Fremde… Rechtspopulismus / Rechtsextremismus ‘Merkel’s policy’? Timeline September 2015: Merkel announces that people fleeing war and persecution are welcome in Germany; so-called ‘Dublin procedure’ suspended for refugees from Syria "Ich glaube, in der augenblicklichen Situation ist es offensichtlich, dass die auf dem Papier stehende europäische Asylpolitik nicht funktioniert.„ (Angela Merkel, 3 September 2015) Thousands of refugees arriving by train in Germany are greeted warmly by local residents and volunteers (Willkommenskultur) By mid-September, 400,000 refugees are arriving daily – the federal states report that they cannot cope with the influx and there is opposition towards the policy among the CDU /CSU Mid-September 2015: border controls are re-established between Germany and Austria Some European leaders distance themselves from German ‘open door’ policy October/November: dispute on proposed ‘transit zones’ at the borders New Year 2015: a series of sexual assaults on German women during New Year’s Eve celebrations in Cologne and other German cities. The perpetrators were mainly men of North African and Arabic background March 2016: Merkel negotiates EU deal with Turkey on refugee policy How many refugees have come to Germany? 1.1 million over the past year 1.26 million asylum applications submitted in the EU (2015) 35% of all applications submitted in Germany (2015) January –April 2015 114,125 asylum applications January-April 2016 246,393 asylum applications Drop in arrivals in 2016 (approx. -
AIDA DE 2018Update
Country Report: Germany 2018 Update Acknowledgements & Methodology This report was written by Michael Kalkmann, Coordinator of Informationsverbund Asyl und Migration, and was edited by ECRE. This report draws on information gathered from national authorities, including publicly available statistics and responses to parliamentary questions, national case law, practice of civil society organisations, as well as other public sources. Information on the situation at airport (detention) facilities and on the newly established “AnkER centres” in Bavaria was added by ECRE following a visit in April 2019. The information in this report is up-to-date as of 31 December 2018, unless otherwise stated. The Asylum Information Database (AIDA) The Asylum Information Database (AIDA) is coordinated by the European Council on Refugees and Exiles (ECRE). It aims to provide up-to date information on asylum practice in 23 countries. This includes 20 EU Member States (AT, BE, BG, CY, DE, ES, FR, GR, HR, HU, IE, IT, MT, NL, PL, PT, RO, SE, SI, UK) and 3 non-EU countries (Serbia, Switzerland, Turkey) which is accessible to researchers, advocates, legal practitioners and the general public through the dedicated website www.asylumineurope.org. The database also seeks to promote the implementation and transposition of EU asylum legislation reflecting the highest possible standards of protection in line with international refugee and human rights law and based on best practice. This report is part of the Asylum Information Database (AIDA), funded by the European Programme for Integration and Migration (EPIM), a collaborative initiative by the Network of European Foundations, and the European Union’s Asylum, Migration and Integration Fund (AMIF) and Horizon 2020 research and innovation programme (grant agreement No 770037). -
FAMILY REUNIFICATION for REFUGEE and MIGRANT CHILDREN CHILDREN MIGRANT and Standards and Promising Practices Practices Promising and Standards
FAMILY REUNIFICATION FOR REFUGEE AND MIGRANT CHILDREN PREMS 003720 Standards and promising practices FAMILY REUNIFICATION FOR REFUGEE AND MIGRANT CHILDREN Standards and promising practices Council of Europe French edition: Regroupement familial pour les enfants réfugiés et migrants – Normes juridiques et pratiques prometteuses The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or publishing@ coe.int). All other correspondence concerning this document should be addressed to the Office of the Special Representative of the Secretary General on Migration and Refugees. Cover and layout : Documents and Publications Production Department (SPDP), Council of Europe Photo: © Shutterstock © Council of Europe, April 2020 Printed at the Council of Europe Contents ABOUT THE AUTHORS 5 ACKNOWLEDGEMENTS 7 LIST OF ACRONYMS 8 INTRODUCTION 9 Scope of the handbook 10 Methodology 11 Structure of the handbook 12 KEY FINDINGS 13 DEFINITIONS 15 PART I – RELEVANT LEGAL PRINCIPLES AND PROVISIONS CONCERNING FAMILY LIFE AND FAMILY REUNIFICATION 17 CHAPTER 1. FAMILY REUNIFICATION IN HUMAN RIGHTS LAW 19 1.1. State obligations relating to the right to family life 20 1.2. Definition of the family 25 CHAPTER 2. FAMILY REUNIFICATION IN INTERNATIONAL REFUGEE LAW AND IN THE UNITED NATIONS GLOBAL COMPACTS 28 CHAPTER 3. FAMILY REUNIFICATION IN EU LAW 30 3.1. Charter of Fundamental Rights 30 3.2. EU Family Reunification Directive 30 3.3. EU Dublin Regulation 31 3.4. -
EUI Working Papers
ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES EUI Working Papers RSCAS 2011/62 ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES EUDO Citizenship Observatory HAS THE EUROPEAN COURT OF JUSTICE CHALLENGED MEMBER STATE SOVEREIGNTY IN NATIONALITY LAW? edited by Jo Shaw EUROPEAN UNIVERSITY INSTITUTE, FLORENCE ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES EUROPEAN UNION DEMOCRACY OBSERVATORY ON CITIZENSHIP Has the European Court of Justice Challenged Member State Sovereignty in Nationality Law? EDITED BY JO SHAW EUI Working Paper RSCAS 2011/62 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper, or other series, the year and the publisher. ISSN 1028-3625 © 2011 edited by Jo Shaw Printed in Italy, December 2011 European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.eui.eu/RSCAS/Publications/ www.eui.eu cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies (RSCAS), created in 1992 and directed by Stefano Bartolini since September 2006, aims to develop inter-disciplinary and comparative research and to promote work on the major issues facing the process of integration and European society. The Centre is home to a large post-doctoral programme and hosts major research programmes and projects, and a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration and the expanding membership of the European Union. -
The Effect of Birthright Citizenship on Parental Integration Outcomes
The Effect of Birthright Citizenship on Parental Integration Outcomes∗ Ciro Avitabile,† Irma Clots-Figueras,‡ Paolo Masella§ Preliminary Please do not circulate without permission September 2009 Abstract The large increase in migration flows and recent ethnic riots in several coun- tries have stimulated a lively debate on how to regulate the social status of newcomers and their descendants and promote their integration with the local community. Citizenship laws vary over time and across countries. However, there is no evidence on the effect of such laws on the level of integration of non natives and their children. We consider the 1999 reform of the German na- tionality law, which introduced elements of the birthright system, and present evidence that changes in the rules that regulate child legal status increased the level of parental integration with the German society, as measured by the prob- ability of reading German newspapers and speaking German and the propensity to have contacts with German citizens. ∗The authors thank Christian Dustmann, Tullio Jappelli and Andrea Prat, seminar participants at the London School of Economics, Universidad Carlos III de Madrid, University of Naples and the University of Mannheim, participants at the EEA meeting 2009 and participants at the EALE meeting 2009. †CSEF, University of Naples ‡Universidad Carlos III de Madrid §European University Institute 1 1 Introduction In the last decades Western societies have experienced a large increase in migration inflows. The immigrant population in the OECD countries has more than tripled since the 1960s. Recent ethnic riots (various occasions of social unrest occurred in towns in the north of England in 2001 and in the Parisian suburbs in 2005 and 2006) have stimulated a lively discussion on how governments can deal with the raising level of diversity and which are the best frameworks to regulate the social status of newcomers and their descendants and promote their integration with the local community. -
Migration, Integration, Asylum
Migration, Integration, Asylum Political Developments in Germany 2015 Annual Policy Report by the German National Contact Point for the European Migration Network (EMN) Co-financed by the European Union Migration, Integration, Asylum Political Developments in Germany 2015 Annual Policy Report by the German National Contact Point for the European Migration Network (EMN) Federal Office for Migration and Refugees 2016 Summary 5 Summary The German Bundestag passed a number of amendments The 2015 Policy Report of the German National Contact over the course of 2015, which include Point for the European Migration Network (EMN) provides an overview of the most important political dis- ■■ the Act on the redefinition of the right to stay and cussions as well as political and legislative developments the termination of residence (entry into force: in the areas of migration, integration, and asylum in the 1 August 2015), Federal Republic of Germany in the year 2015. The report ■■ Act on the Acceleration of Asylum Procedures – refers specifically to measures taken by the Federal Asylum Package I (entry into force: 24 October 2015), Republic of Germany to implement the Global Approach ■■ Act to improve accommodation, care and assistance to Migration and Mobility, the EU Strategy towards for foreign children and young persons (entry into the Eradication of Trafficking in Human Beings and the force: 1 November 2015), European Agenda for the Integration of Third-Country ■■ Third Victims’ Rights Reform Act (entry into force: Nationals. The report also describes the general struc- 31 December 2015). ture of the political and legal system in Germany. In addition to the legislation of the Bundestag, the Federal Ministry for Labour and Social Affairs (BMAS) revised the The jump in asylum migration and how to deal with it Employment Ordinance (BeschV) in 2015, which forms the was the central migration, integration and asylum issue basis for allowing immigrants in certain occupations and in 2015. -
Introduction
Chapter 1 Introduction Since the middle of the twentieth century, Western Europe has been faced with growing migration flows. Social research has focused on the first generation of international migrants, the interplay between international migration and the family dynamics of migrants, however, has not been fully understood. International migration is associated with a rapid change in the migrants’ environment. This change usually takes place within a much shorter time span than societies alter as a whole. Immigrants have to cope with these changes. Therefore, the study of the demographic behavior of migrants enables us to gain insights into the patterns and speed of the demographic responses of individuals or groups to sudden environmental alterations to which they are exposed (Coleman 1994). The life-course approach (e.g., Mulder 1993; Mulder and Wagner 1993) allows us to analyze the sequencing of several events, and therefore to study the short-term as well as the long-term effects of migration on a person’s life. Studies show, for example, that international migration often coincides with downward social mobility for the migrants in terms of occupation, income, housing conditions, etc. (Constant and Massey 2005). Internal or international migration and partner selection are frequently interrelated processes (Mulder 1993; Milewski 2003; Straßburger 2003; Kulu 2006), and international migration and repeated moves have an impact on the subsequent stability of a union (Roloff 1998; Boyle et al. 2008). When it comes to fertility, the impact -
U.S. Family-Based Immigration Policy
U.S. Family-Based Immigration Policy William A. Kandel Analyst in Immigration Policy February 9, 2018 Congressional Research Service 7-5700 www.crs.gov R43145 U.S. Family-Based Immigration Policy Summary Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 1,183,505 foreign nationals admitted to the United States in FY2016 as lawful permanent residents (LPRs), 804,793, or 68%, were admitted on the basis of family ties. Of the family-based immigrants admitted in FY2016, 70% were admitted as immediate relatives of U.S. citizens. Many of the 1,183,505 immigrants were initially admitted on a nonimmigrant (temporary) visa and became immigrants by converting or “adjusting” their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (34%) was substantially less than that of family-based immigrants who had their immigration petitions processed while living abroad (66%), although such percentages varied considerably among the five family-based immigration categories. Since FY2000, increasing numbers of immediate relatives of U.S.