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This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.
In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.
In this book ethnographic, historical and epidemiologic data are brought to bear on the subject of the Acquired Immune Deficiency Syndrome (AIDS) in Haiti. The forces that have helped to determine rates and pattern of spread of Human Immunodeficiency Virus (HIV) are examined, as are social responses to AIDS in rural and urban Haiti, and in parts of North America. History and its calculus of economic and symbolic power also help to explain why residents of a small village in rural Haiti came to understand AIDS in the manner that they did. Drawing on several years of fieldwork, the evolution of a cultural model of AIDS is traced. In a small village in rural Haiti, it was possible to document first the lack of such a model, and then the elaboration over time of a widely shared representation of AIDS. The experience of three villagers who died of complications of AIDS is examined in detail, and the importance of their suffering to the evolution of a cultural model is demonstrated. Epidemiologic and ethnographic studies are prefaced by a geographically broad historical analysis, which suggests the outlines of relations between a powerful center (the United States) and a peripheral client state (Haiti). These relations constitute an important part of a political-economic network termed the "West Atlantic system." The epidemiology of HIV and AIDS in Haiti and elsewhere in the Caribbean is reviewed, and the relation between the degree of involvement in the West Atlantic system and the prevalence of HIV is suggested. It is further suggested that the history of HIV in the Dominican Republic, Jamaica, Trinidad and Tobago, and the Bahamas is similar to that documented here for Haiti.
This book examines the origins and evolution of refugee protection over the past four centuries.
Honorable Mention, Latin American Studies Association Haiti-Dominican Republic Section Isis Duarte Book Prize Immigrants make up the largest proportion of federal prisoners in the United States, incarcerated in a vast network of more than two hundred detention facilities. This book investigates when detention became a centerpiece of U.S. immigration policy, revealing why the practice was reinstituted in 1981 after being halted for several decades and how the system expanded to become the world’s largest immigration detention regime. From the Krome Detention Center in Miami to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. When an influx of Haitian migrants and asylum seekers came to the U.S. in the 1970s, the government responded with exclusionary policies and detention, setting a precedent for future waves of immigrants. Carl Lindskoog details the discrimination Haitian refugees faced and how their resistance to this treatment—in the form of legal action and activism—prompted the government to reinforce its detention program and create an even larger system of facilities. Drawing on extensive archival research, including government documents, advocacy group archives, and periodicals, Lindskoog provides the first in-depth history of Haitians and immigration detention in the United States. Lindskoog asserts that systems designed for Haitian refugees laid the groundwork for the way immigrants to America are treated today. Detain and Punish provides essential historical context for the challenges faced by today’s immigrant groups, which are some of the most critical issues of our time.
In Black Interdictions, Philip Kretsedemas exposes the antiblack racism latent in the U.S. government’s Haitian refugee policies of the 1980s and 1990s which set the tone for the criminalization of migrants and refugees in the new millennium and lead to the migration and refugee policies of the Trump era and beyond. This type of radical exclusion is singular to the black experience and the black/nonblack binary must be factored into an analysis of the US migration regime. It is not possible to work together for equity and justice if we are not prepared to grapple with this divisive history and the instinct to avoid dealing with the singularity of the black experience. This book will be of interest to scholars of migration and refugee studies, black studies, legal studies, public policy and international relations, and many others.
This volume takes concepts familiar to foreign policy scholars and reimagines their usefulness in a global era. The essays in this collection feature unique methodological and theoretical contributions to rhetorical scholarship. The field of rhetorical studies often assumes a US-centric approach that elevates American chief executives as the sole doers and makers of foreign policy discourse. This work points to a more comprehensive, global perspective of foreign policy discourse and offers key concepts, case studies, and approaches. It also examines who enacts discourse, where it happens, and how it influences relationships in/between local, national, transnational, and global spheres. Among the cases researched in this collection are foreign policy rhetoric from Cold War foreign policy in Latin America, the rhetoric of Vladimir Putin’s Ukraine war messages, and the development challenges of the Ford Foundation and the Kenya Women Finance Trust, among many others.
Refuge beyond Reach shows how rich democracies deliberately and systematically shut down most legal paths to safety. Media pundits, politicians, and the public are often skeptical or ambivalent about granting asylum. They fear that asylum-seekers will impose economic and cultural costs and pose security threats to nationals. Consequently, governments of rich, democratic countries attempt to limit who can approach their borders, which often leads to refugees breaking immigration laws. In Refuge beyond Reach, David Scott FitzGerald traces how rich democracies have deliberately and systematically shut down most legal paths to safety. Drawing on official government documents, information obtained via WikiLeaks, and interviews with asylum seekers, he finds that for ninety-nine percent of refugees, the only way to find safety in one of the prosperous democracies of the Global North is to reach its territory and then ask for asylum. FitzGerald shows how the US, Canada, Europe, and Australia comply with the letter of law while violating the spirit of those laws through a range of deterrence methods--first designed to keep out Jews fleeing the Nazis--that have now evolved into a pervasive global system of "remote control." While some of the most draconian remote control practices continue in secret, Fitzgerald identifies some pressure points and finds that a diffuse humanitarian obligation to help those in need is more difficult for governments to evade than the law alone. Refuge beyond Reach addresses one of the world's most pressing challenges--how to manage flows of refugees and other types of migrants--and helps to identify the conditions under which individuals can access the protection of their universal rights.