New Immigration Articles

Here are some of the latest immigration articles from the Social Science Research Network (www.ssrn.com):

“‘Death is Different’ and a Refugee’s Right to Counsel” JOHN R. MILLS (Cornell) KRISTEN ECHEMENDIA, (Cornell) STEPHEN YALE-LOEHR (Cornell) This article asserts that there is a due process right to appointed counsel at government expense for non-citizens who file cases where persecution and death of the petitioner may result after removal – namely claims for asylum, relief under the Convention Against Torture, and restriction on removal. Due process protects all persons’ interests in life, liberty and property, regardless of their legal status within the country. Where death may result from an erroneous denial of relief, a non-citizen’s interest in life and liberty is directly implicated. As has been aptly stated in the criminal context, “death is different.” Where death is on the table, there is a heightened need for reliability and accuracy. The article analogizes from death penalty cases to argue that due process requires a right to appointed counsel in cases concerning indigent non-citizens applying for asylum, relief under the Convention Against Torture, or restriction on removal. The failure of 8 U.S.C. section 1362 to provide such a right makes it unconstitutional.

“Does Citizenship Matter? The Economic Impact of Naturalizations in Germany” MAX FRIEDRICH STEINHARDT, Hamburg Institute of International Economics (HWWI), Centro Studi Luca D’Agliano (LdA) The paper analyzes whether citizenship acquisition affects the labor market performance of immigrants in Germany. The study uses actual micro data from the IAB employment sample, which covers more than 80% of the whole labor force in Germany. The econometric analysis is carried out using both cross-sectional and panel data techniques, which allow to disentangle the effects of self-selection and legal impact of citizenship acquisition. The estimates from a simple OLS specification suggest the existence of a wage premium of naturalized immigrants. Panel estimates show an immediate positive naturalization effect on wages and an accelerated wage growth in the years after the naturalization event. Both results are consistent with the argument that naturalization increases the labor market opportunities of immigrants in various ways.

“France’s Burning Issue: Understanding the Urban Riots of November 2005” RAPHA?L CANET, Faculty of Social Sciences – University of Ottawa Email: raphael.canet@uottawa.ca LAURENT PECH, National University of Ireland, Galway – Faculty of Law Email: laurent.pech@nuigalway.ie MAURA STEWART, National University of Ireland, Galway Email: maurastewart1@gmail.com There was nothing surprising about the French urban riots of November 2005. In a way, on a smaller scale, urban riots have been a typical occurrence in the banlieues since the eighties. Irrespective of the exact reasons that caused the riots, it has been widely been claimed – especially in the English-speaking media – that the riots represent the failure of the French republican model of integration. We believe this diagnosis to be wrong. Our view is that, on the contrary, these riots should be interpreted as the manifest evidence that most of the frustrated young men feel entirely French and that they simply want to be accepted by the Nation, and more prosaically, and to be part of a modern consumerist society. Their frustration and anger is comprehensible when faced with the unfulfilled promise of socio-economic integration. In other words, the urban riots of November 2005 paradoxically reveal on the one hand the success of the French republican model when it comes to teaching shared values and history, but on the other hand the failure of both the State, which has failed to translate into public policies the values it officially preaches, and the politico-administrative elites who are always keen to stress the benefits of “republican” principles while delivering little when it comes to opening up access to key positions of power.

KJ