Nwe SSRN Immigration Publications
Here are the latest immigration-related articles and book chapters from the Social Science Research Network (www.ssrn.com):
“Habeas Corpus for the Twenty-First Century, Chapter One” Vanderbilt Public Law Research Paper No. 09-27 NANCY J. KING, Vanderbilt University School of Law JOSEPH L. HOFFMANN, Indiana University-Bloomington, Maurer School of Law. This is the introductory chapter of a forthcoming book, presently under contract with the University of Chicago Press, about the future of the federal writ of habeas corpus. The book provides a compact, accessible, yet comprehensive history and analysis of habeas corpus in all of its diverse applications, an analysis that is based on the latest empirical research of habeas litigation in federal courts, and that includes specific recommendations for reform. By examining how habeas has been applied to review pretrial detention, civil commitment, immigration and military detention, capital and non-capital state convictions and sentences, federal criminal judgments, and administrative decisions by prison and parole officials, the book exposes striking patterns that are not easily seen when the writ is viewed only in a single context or at a single moment in time. Two principles emerge to guide future modifications of the habeas remedy: Habeas must remain a flexible remedy so that it will be available, whenever it is needed, to provide judicial review that can rectify imbalances in government power during times of crisis; and habeas must be exercised prudently as a tool of last resort, used only so long as is absolutely necessary, until alternative review mechanisms take shape. This introductory chapter contrasts the remarkable story of the writ’s liberation of a Guantanamo detainee with the unremarkable saga of habeas litigation by a typical state prisoner, and previews some of the book’s specific proposals for reform.
“Tough-On-Refugees Policy Reflects Badly on Canada (Les réfugiés écartés – La protection des demandeurs d’asile n’est pas un acte de générosité, mais une obligation juridique du Canada)” La Presse, Montréal, Vol. 12, p. A22, November 2009 FRANÇOIS CRÉPEAU, Hans & Tamar Oppenheimer Chair in Public International Law; GERALD HECKMAN, University of Manitoba; NICOLE LAVIOLETTE, affiliation not provided to SSRN SEAN REHAAG, Osgoode Hall Law School. The human rights of refugees in Canada are under siege. The immigration minister is moving towards new legislation regarding refugees. His recent actions suggest this will make things worse, not better.
“Conviction, Detention and Removal: The Multiple Punishment of Offenders under Section 501 Migration Act” UNSW Law Research Paper No. 2009-49 MICHAEL GREWCOCK, University of New South Wales – Faculty of Law. Under S501 of the Migration Act, being imprisoned for a criminal offence can constitute grounds for visa cancellation, even for people who have spent most of their lives in Australia. ‘Non-citizens’ who have had their visas cancelled in this way are liable to detention on completion of their prison sentence; form a distinct cohort within the immigration detainee population; and are routinely deported. Developing themes outlined initially at the Critical Criminology conference hosted by Monash University in Melbourne in July 2009, this paper examines the punitive implications of S501 including: its impact on risk assessment and the parole process; the institutionalisation of double punishment; and the multiple mechanisms of disempowerment operating through the detention regime. While this remains work in progress, the paper argues that criminal convictions do not justify detention and removal, and suggests a framework for future research, as part of a wider project to examine the administrative transformation of lawful into unlawful subjects.
KJ