U.S. Immigration Policies

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Hong Kong, 1995
Children refugees at the detention center on the
island of Tai A Cau
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Iran-Afghanistan border, 2000
Afghan Refugees being sent back to Afghanistan
from Iran
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November 2001
Refugees at the Makaki camp In Afghanistan, near
the Iranian border.
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May 2002
Chinese police detain North Korean asylum seekers
as they reach the Japanese consulate
Barbed wire and increased police presence
surround the foreign consulate district of Beijing
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Asylum and Refugees
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HISTORY

• GENERAL
• WORLD WAR I
• WORLD WAR II
• CREATION OF UNHCR

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WHAT IS A REFUGEE?

• -IMMIGRANTS
• -ASYLUM-SEEKERS
• -REFUGEES

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International Law

• 1948 Declaration of Human Rights
• Everyone has the right to seek and to enjoy in
  other countries asylum from persecution (Article
  14)
• 1951 Refugee Convention
• 1967 New York Protocol

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Asylum in Europe

• Regional Conventions, Policy and Issues in the UK
  and France

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Regional Conventions

• Dublin Convention 1990
• System of adjudicating responsibility for member
  states
• Solve Refugee in Orbit problem
• When it can be proved that an applicant for
  asylum has irregularly crossed the border into a
  Member State. . . the Member State this entered
  shall be responsible for examining the
  application for asylum. (Article 6)

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• Two brief examples of article 6. . .

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Article 6 of the Dublin Convention
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Lives in UK for 6 months
Responsibility becomes that of the UK
Article 6 of the Dublin Convention
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Schengen Convention

• Policy of free movement between member states of
  EU

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United Kingdom
Asylum Law
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United Kingdom Asylum Laws

• Immigration and Asylum Appeals Act 1993
• Asylum and Immigration Act 1996
• Immigration and Asylum Act 1999
• Nationality, Asylum and Immigration Act 2002

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White list

• Poland, Bulgaria, Romania, India, Pakistan,
  Ghana, Cyprus, Albania, Bulgaria, Jamaica,
  Macedonia, Moldova, Romania,
• Serbia-Montenegro
• And growing. . .

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United Kingdom Asylum Laws

• Immigration and Asylum Appeals Act 1993
• Asylum and Immigration Act 1996
• Immigration and Asylum Act 1999
• Nationality, Asylum and Immigration Act 2002

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Benefits allowance of asylum seekers 1999
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Increase in number of applicants
Britain 1992-2001
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ISSUES

• PERCEPTION OF REFUGEES
• DETENTION CENTERS
• IDEAS FOR NEW CENTERS

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France
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ASYLUM IN FRANCE

• TYPES OF ASYLUM IN FRANCE
• CONVENTIONAL STATUS
• CONSTITUTIONAL STATUS
• TERRITORIAL STATUS

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ARRIVAL IN FRANCE

• PROCEDURES
• DETENTION
• REFUGEES WITHOUT DOCUMENTATION
• MINORS
• WAITING ZONES

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ORGANIZATIONS TO HELP REFUGEES

• FRANCE TERRE DASILE (FTDA)
• RED CROSS FRANCE (CRF)

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• RIGHTS OF ASYLUM SEEKERS AND REFUGEES
• CRITIQUE AGAINST POLICIES AND CONDITIONS

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SANGATTE CENTER
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Future of Europes Asylum Law

• Harmonization
• Resistance by some members
• Problems with conventions
• Expanding Europe

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Article 6 of the Dublin Convention
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Asylum in North America

• Domestic Policy and Issues in the USA and Canada

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U.S. Immigration Policies

• The implementation of the Quota Act in 1921.
  (Remained Law for over 40yrs.)
• National Origins Act in 1924 limited immigrants
  from outside the western hemisphere.
• Naturalization Act of 1952 set quotas for Asian
  countries.
• President Kennedy changes system and in 1965
  Immigration Act abolished racial quota system.
• Refugee Act of 1980 changed previous limitations
  and allowed for the refugee admission based on
  humanitarian needs. (Presidential order with
  congressional consult.)

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U.S. Refugee Policy

• Relief assistance to people who have fled across
  borders and taken asylum in countries around the
  world.
• Admission as perm. Residents of some refugees who
  have sought asylum in other countries.
• Asylum and protection for those arriving directly
  in the United States.

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Asylum/Refugee Issues

• Mistreatment and poor living conditions.
• Cultural Opposition
• Economic Arguments
• Terrorism (Who?What? When? Where? How?Why?)
• Abuse of the system

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Map of Immigrant Distribution
Blue - gt10 Red- 5-10 Green-1-5 White -lt1
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Congressional Supporters
Sen. Edward Kennedy (D-MA) and Rep. Barbara
Jordan (D-TX)
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Opposition
Former Presidential Advisor Pat. Buchanan and
Elton Gallegly (R-CA)
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CANADIAN POLICY ANDLEGISLATION

• WWII-1949
• 1956-68
• 1967 1ST DOMESTIC LAW IMMIGRATION ACT
• 1969 GENEVA CONVENTION AND PROTOCOL SIGNED
• 1970S
• 2002

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CANADIAN PROCEDURE

• IMMIGRANT/REFUGEE
• -RESETTLEMENT PROGRAM
• -REFUGEE CLAIM PROCESS
• C.I.C.
• I.R.B.
• PROTECTED PERSONS/PERMANENT CITIZENS

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CURRENT ISSUES

• C.I.C./IMMIGRATION ACT
• U.S. DESIGNATION AS A, SAFE THIRD COUNTRY
• I.R.B. AS AN INDEPENDENT BODY
• PROVINCE CUTBACKS
• NO APPEAL PROCESS

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UNHCR

• FUTURE FOR REFUGEES

Asylum seekers wait outside reception center in
Geneva