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42. Humanitarian VISAs
- Author:
- Eleni Kritikopoulou
- Publication Date:
- 05-2021
- Content Type:
- Working Paper
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- The X and X decision of the European Court of Justice highlighted the gap in current EU law regarding human rights protections in entry procedures. Currently over 90% of those granted refugee status in the EU arrive through irregular means. There is an increasing need for a new form of visa, specifically to accommodate humanitarian matters, which are not currently covered by the pre-existing Schengen rules. For limited numbers, consulates of EU states would be empowered to issue Visas for asylum seekers in order to legally cross EU borders to launch an asylum application. Research shows that the economic costs for the implementation of this humanitarian visa system would be minimal and that the political and humanitarian benefits would be significant.
- Topic:
- Human Rights, Migration, European Union, and Asylum
- Political Geography:
- Europe
43. Migrant caravans in U.S.-Mexico relations/Las Caravanas de Migrantes Entre México y Estados Unidos
- Author:
- Julieta Espín Ocampo
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Revista UNISCI/UNISCI Journal
- Institution:
- Unidad de investigación sobre seguridad y cooperación (UNISCI)
- Abstract:
- For decades, undocumented Central American migrants crossing Mexican territory on their way to the United States have suffered abuse and violence by cirmiinal groups, but also by law enforcement officials who should not only enforce the border law but also protect them in accordance with international agreements. Only recently the presence of this mass of people begins to attract the attention of Mexican society, especially as a result of the emergence of so-called "migrant caravans" that initiated in 2018. This article analyses the reaction of the Mexican State to caravans and American pressure to stop them, which has moved from an open-door policy with greater commitment to the defense of the rights of these foreigners in its territory, to prevent their entry, increasing deportations and using them as bargaining chip in Mexican trade negotiations with the Trump Administration. /
- Topic:
- Migration, Treaties and Agreements, Borders, Asylum, and Deportation
- Political Geography:
- Central America, Mexico, and United States of America
44. EU return sponsorships: High stakes, low gains
- Author:
- Florian Trauner and Olivia Sundberg Diez
- Publication Date:
- 01-2021
- Content Type:
- Working Paper
- Institution:
- European Policy Centre (EPC)
- Abstract:
- The concept of ‘return sponsorships’ is the most novel of the New Pact on Migration and Asylum’s proposals. It is also proving to be one of the most controversial in the negotiations. With this proposal, the Commission set out to resolve the discussion between member states on responsibility-sharing in migration matters, and simultaneously increase the number of migrants returned to their country of origin. Under the new scheme, member states would have to support other EU countries facing migratory pressure. If, however, they oppose the option of relocating asylum seekers, they can ‘contribute’ by facilitating the returns of migrants who lack permission to remain in Europe instead. But making this idea work in practice will not be straightforward. In unpacking the return sponsorship mechanism, Olivia Sundberg Diez and Florian Trauner have reached the following five conclusions: 1) Existing conflicts between member states over responsibility-sharing will not be settled but transposed onto discussions about the precise requirements of return sponsorship, in particular, the transfer of migrants within Europe if returns are unsuccessful. 2) The flexibility embedded in the solidarity mechanism comes at the expense of tangible support for EU border states, who continue to shoulder a disproportionate amount of the responsibility to receive and process new arrivals. 3) Matching the preferred contributions of a sponsor with a border state’s needs will be extremely complex in terms of administration, and effective enforcement tools are lacking. Repeated delays and the politicisation of solidarity processes are likely, giving member states many opportunities to shift and shirk their responsibilities. 4) Return sponsorships may create new human rights risks for migrants ordered to return, both in and outside of the EU. 5) The return sponsorship concept relies on returns being done faster and in far greater numbers. This is far from certain: many third countries, for one, will remain reluctant to readmit their own nationals. The Commission is taking a considerable risk with the return sponsorship proposal while the potential gains are modest. If the proposal is to move forward, negotiators should prioritise strengthening the predictability and tangibility of support provided by the solidarity mechanism to the EU’s border states, ensure that return sponsorships do not lead to new human rights violations, and avoid inflated expectations regarding the impact of the growing use of conditionality on returns.
- Topic:
- Human Rights, Migration, European Union, Borders, and Asylum
- Political Geography:
- Europe
45. Possibilities for Epistemic Violence in Asylum Process: Lessons From the Case of Finland
- Author:
- Katri Gadd and Laura Lehtikunnas
- Publication Date:
- 06-2021
- Content Type:
- Journal Article
- Journal:
- The Rest: Journal of Politics and Development
- Institution:
- Centre for Strategic Research and Analysis (CESRAN)
- Abstract:
- In 2015, Europe noticed that the Common European Asylum System malfunctions in “crises”-like-situations. With the New Pact on Migration and Asylum, the European Union (EU) tries to ensure an efficient and humane migration management. Migration being a highly polarising issue, fuelled by populist rhetoric, migration policies must be founded on scientifically discovered implications of the policies. Here, we evaluate the Finnish asylum process through analysing the legislation, legal practice and 70 former asylum seekers’ experiences. We merge these viewpoints through the concept of epistemic violence understood as failures in linguistic exchanges harming the speaker. We examine whether the legal amendments in Finland, increased the possibilities for epistemic violence in the asylum process. At worst, epistemic violence results wrongly motivated decisions in asylum cases. Based on the case of Finland, this paper argues that more research is needed in times of efficiency pressure regarding asylum processes and overall contestation related to the legitimacy of the EU migration policies.
- Topic:
- Migration, Regional Cooperation, European Union, Violence, and Asylum
- Political Geography:
- Europe and Finland
46. Relaunching the Central American Minors Program: Opportunities to Enhance Child Safety and Family Reunification
- Author:
- Mark Greenberg, Stephanie Heredia, Kira Monin, Celia Reynolds, and Essey Workie
- Publication Date:
- 12-2021
- Content Type:
- Special Report
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- The Central American Minors (CAM) Program was created to allow certain children living in dangerous conditions in El Salvador, Guatemala, and Honduras to enter the United States as refugees or parolees to join their parents. The program sought to create a safe, legal, and orderly alternative for children who might otherwise seek to enter the United States by crossing the U.S.-Mexico border unaccompanied. The program began in 2014, the Trump administration announced its termination in 2017, and the Biden administration relaunched it with expanded eligibility in 2021. This report takes a critical look at lessons learned from the program’s earlier iteration and offers recommendations for how to strengthen the relaunched version. It examines, among other things, eligibility criteria, program administration, safety provisions for children awaiting a decision on their case, and the assistance children have access to after they arrive in the United States. “Even with substantial improvements,” the authors write, “it is doubtful that the CAM Program will ever be able to assist more than a small fraction of children who face danger in northern Central America and have parents or close relatives in the United States. Still, with improvements, the program can help significantly greater numbers of children and families seeking relief and family reunification.”
- Topic:
- Health, Refugees, Immigrants, Resettlement, Asylum, Integration, Immigration Policy, and Family Reunification
- Political Geography:
- Central America and United States of America
47. EU Strategy on Voluntary Return and Reintegration: Crafting a Road Map to Better Cooperation with Migrants’ Countries of Origin
- Author:
- Camille Le Coz
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- The return of irregular migrants and asylum seekers whose claims are denied and their sustainable reintegration into origin-country communities have long been priorities for many European policymakers. This has been driven by concerns about low rates of return among those ordered to leave and the implications of this for EU migration and asylum systems. Some are also concerned about the manner in which returns are carried out, with research suggesting that voluntary returns are both more humane and less costly than forced returns. In April 2021, the European Commission published its first EU Strategy on Voluntary Return and Reintegration. The strategy lays out principles to strengthen European assisted voluntary return and reintegration (AVRR) programs, increase voluntary returns, and improve the return process and post-return reintegration assistance. To achieve the strategy’s objectives, European policymakers will need to invest in an often-neglected dimension of AVRR—cooperation with migrants’ countries of origin. This policy brief explores the ways in which origin- and destination-country priorities on returns diverge, opportunities for cooperation where their interests align, and possible next steps for building on the principles outlined in the EU strategy.
- Topic:
- Development, International Cooperation, International Organization, European Union, Refugees, Asylum, Deportation, Remittances, and Immigration Policy
- Political Geography:
- Europe
48. Tipping the Scales: The role of responsibility- and solidarity-sharing in the situation on the Greek islands
- Author:
- Natalia-Rafaella Kafkoutsou and Spyros-Vlad Oikonomou
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- This report assesses the impact of EU countries’ refusal to relocate asylum seekers on the Greek islands. It illustrates that they have consistently failed to show solidarity by not delivering on commitments to relocate people, either by refusing to participate in the first place or by not fulfilling their pledges. This has left thousands of people in need of assistance on the Greek islands. EU countries have also consistently tried to avoid their legal obligations by putting barriers in place to keep families apart.
- Topic:
- Regional Cooperation, European Union, Refugees, Asylum, and Humanitarian Crisis
- Political Geography:
- Europe
49. Surviving Overlapping Precarity in a 'Gigantic Hellhole' A Case Study of Venezuelan LGBTQI+ Asylum Seekers and Undocument Migrant in Brazil amid COVID-19
- Author:
- Yvonne Su, Tyler Valiquette, and Yuriko Cowper-Smith
- Publication Date:
- 07-2021
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- As COVID-19 infection rates grew exponentially in Latin America, countries closed their borders in an attempt to stop the virus. But such measures have put migrants, asylum seekers and other forcibly displaced persons at more risk. For highly precarious groups, such as Venezuelan migrants and asylum seekers in Brazil, who were already facing a multitude of challenges before the pandemic, COVID-19 is multiplying the threats.
- Topic:
- LGBT+, Public Health, Asylum, Pandemic, COVID-19, and Stateless Population
- Political Geography:
- Brazil, South America, and Venezuela
50. The New European Pact on Immigration and Asylum can it respond to future migration challenges?
- Author:
- Catherine Wihtol de Wenden
- Publication Date:
- 10-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- In September 2020, the European Commission, through its Chair Ursula von der Leyen, launched the third European Pact on Immigration and Asylum, The first one dates from 2008 and the second from 2014, i.e. one every six years. This pact, like the previous ones, is not a treaty but a consensus commitment on common principles for the governance of migration and asylum in Europe. In the context in which it is set, it requires more compromise than the previous ones: the Syrian crisis of 2015 revealed the lack of solidarity between Member States regarding the reception of Syrian refugees, the lack of trust between States regarding the proposals made by the European Commission to “share the burden”, with Jean-Claude Juncker's quotas and the divide between Eastern and Western Europe between the socalled Višegrad countries (Poland, Hungary, Czech Republic, Slovakia) and Western Europe, notably Germany, which received more than one million asylum seekers in 2015. It will therefore take more time for the new Pact to be adopted unanimously by the European Council and undoubtedly, more negotiations and even bargaining. In the current context, following the US withdrawal from Afghanistan and the Taliban takeover, which raises concerns about the arrival of new Afghan refugees, does the new Pact offer the necessary instruments to formulate a common and effective response to future migration challenges?
- Topic:
- Migration, Treaties and Agreements, Immigration, European Union, and Asylum
- Political Geography:
- Europe