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1
Filus, Adam. "Stosunek rządu Australii do nielegalnej migracji w latach 1996–2018." Poliarchia 6, no. 1(10) (September 26, 2019): 49–69. http://dx.doi.org/10.12797/poliarchia.06.2018.10.03.
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Australian Governments’ Stance on Illegal Immigration in 1996–2018
Australia is well known for its strict immigration policy. It results from the country’s constant struggle with the flow of illegal migrants, brought to Australian shores through human smuggling. The author analyses immigration policies of five Prime Ministers representing two major Australian parties: the Liberal Party of Australia and the Australian Labor Party. Starting with the premiership of John Howard (1996–2007), and ending with Malcolm Turnbull’s era (2015– –2018), the author examines the situation of illegal immigrants in Australia and changes in immigration and asylum policies.
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Syahrin, M. Alvi, and Brianta Petra Ginting. "LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL." Jurnal Ilmiah Kajian Keimigrasian 2, no. 1 (April 26, 2019): 109–28. http://dx.doi.org/10.52617/jikk.v2i1.47.
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Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.
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Esafrin, Aninda Novedia, Antikowati -, and Gautama Budi Arundhati. "Legal Consequences of Refugees’ Visa Misuse to Obtain Indonesian Citizenship." Indonesian Journal of Law and Society 1, no. 2 (September 30, 2020): 125. http://dx.doi.org/10.19184/ijls.v1i2.17479.
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This paper aims to examine problems regarding the possible abuse by refugees inconsistent with Indonesia’s laws and regulations. In the context, the government can make efforts to deal with refugees who enter Indonesia illegally and the government can formulate new laws and regulations that can discuss problems caused by refugee actions in more detail, clearly and in detail, starting from the arrest process to the sanctions process that is obtained. Because until now Indonesia has not had this policy. Those refugees' status then serves the purpose to get a decent living in a recipient country such as Australia. Misuse of visas is widely used by refugees because Indonesia implements a visa-free system of visits to 169 countries in the world. Visa-Free Visit Policy based on President Regulation Number 125 of 2016 concerning Visa-Free Visit. In this regard, the country needs to anticipate the increasing number of visa misuse for refugees entry to Indonesian territory by sending them to immigration detention centers as a form of sanctions imposed before returning to their country and making deportation the last step in resolving the visa misuse problem committed by refugees.
KEYWORDS: misuse of visa in Indonesia, immigration detention, refugee deportation.
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Jones, Stephen. "Reconceptualising the Governance of Migration Policy in Australia." Hrvatska i komparativna javna uprava 19, no. 3 (September 27, 2019): 377–406. http://dx.doi.org/10.31297/hkju.19.3.2.
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This article offers a comprehensive assessment of the current trends in the governance arrangements of migrant settlement policy in Australia. It outlines the context of migrant policy as an important element of nation building and in contributing to the most multicultural society in the OECD. While immigration remains popular with the majority of Australians it is not without challenges in terms of coordination between levels of government to achieve effective outcomes. The lessons from Australia have relevance for other multilevel systems in terms of the need for cooperative approaches that combine top down and bottom up contributions from government agencies at all levels and non-government organisations. The article provides an analysis of governance issues from the perspective of the major stakeholders. The key question addressed in this paper is; what are the key challenges and opportunities of establishing cooperative approaches to immigration policy in a multilevel system? Issues involved in a potential transition of Australia’s immigration policy from a centralist approach to a more cooperative approach will be examined through the lens of a framework of analysis that consists of three scenarios for the structure of immigration policy: the centralist, the cooperative and the asymmetric scenarios.
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Wicaksono, Dava Irfani. "Illegal Immigrants Between Indonesia Australia: How the Law and Policy Solving the Problems?" Digest: Journal of Jurisprudence and Legisprudence 2, no. 1 (June 30, 2021): 91–116. http://dx.doi.org/10.15294/digest.v2i1.48635.
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In the recent years, cases of illegal immigrants from Indonesia to Australia have been escalated, so Australia itself created a rule that functioned for those dark or illegal immigrants were unable to enter the Territory Australia. The rules are the policy of the rule of the country and the third policy and whether Indonesia itself is a sovereign state that has had an excellent policy in resolving cases of illegal or ilelal immigrants within its territory Own. With the methodology of the juridical approach of Normative, using primary and secondary data, studying and evaluating several principles and legal norms relating to the sovereignty of the State and illegal immigrants obtained from libraries and regulations Then in a qualitative descriptive analysis to derive conclusions. In Indonesia's policy must have been regulated through LAW No. 6 of 2011 on immigration, which is where there is a solution in the case of dark immigrants. But this is still not effective in handling the issue of illegal immigrants and is a partial where it still makes illegal immigrants or illegally victims of casualties and the absence of sanctions and deterrent effects against them. Indonesia should make the national sovereignty principle a guideline for making regulatory policies regarding illegal immigrants.
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Nicholson, Frances. "Implementation of the Immigration (Carriers’Liability) Act 1987: Privatising Immigration Functions at the Expense of International Obligations?" International and Comparative Law Quarterly 46, no. 3 (July 1997): 586–634. http://dx.doi.org/10.1017/s0020589300060814.
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It is now a decade since the United Kingdom, along with Germany and Belgium, followed the policy of traditional countries of immigration, such as the United States, Canada and Australia, and introduced legislation which provides for the imposition of fines on carriers for bringing in passengers with incorrect papers.1The Immigration (Carriers' Liability) Act 1987 (“the Act”)2imposed fines on carriers of £1,000 for each illegal entrant brought to the United Kingdom. This fine was doubled in August 1991 and two years later extended to cover passengers without transit visas where these were required.3
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Guzman, Mark G., Joseph H. Haslag, and Pia M. Orrenius. "Government policy under price uncertainty: A source of volatility in illegal immigration." Canadian Journal of Economics/Revue canadienne d'économique 48, no. 3 (August 2015): 940–62. http://dx.doi.org/10.1111/caje.12164.
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Putra, Fikri Madani Tara, and Anindito R. Wiraputra. "IMMIGRATION POLICY IN EFFORTS TO ERADICATION AND PREVENTION OF HUMAN TRAFFICKING." Journal of Law and Border Protection 2, no. 1 (May 20, 2020): 59–70. http://dx.doi.org/10.52617/jlbp.v2i1.183.
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The large potential for transnational crime in Indonesia is a problem that needs to be addressed. In this case it is a problem of human trafficking, these problems are very complex and complicated to solve. This trafficking is usually aimed at children and women. There are so many modes used by these perpetrators, one of them is through sending illegal Indonesian Workers. The government began to move specifically in the field of immigration in carrying out efforts to combat human trafficking in violation of human rights, because immigration is the front guard in examining people who leave or enter Indonesian territory. Selective policy helps immigration parties in the Immigration Examination Site in selecting foreigners who enter the territory of Indonesia. And immigration also supervises the sending of Indonesian Workers abroad. This supervision is intended to avoid sendingillegal Indonesian Workers.
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Ogbeifun, Lawrence. "Job Search With Legal and Illegal Workers: A Comparative Static Analysis." Economics and Business 34, no. 1 (February 1, 2020): 156–67. http://dx.doi.org/10.2478/eb-2020-0011.
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AbstractThis paper incorporates government immigration policy variables in a job search and match framework to examine its implication on labour market outcomes. The main assumption is that illegal workers can be penalized by receiving lower equilibrium wages or face possible deportation; and government can regulate illegal workers by introducing a “caught variable”, η, in the model. By a comparative statics analysis, the study has revealed that changes in the wages of illegal workers have both direct and indirect effect on wages of legal workers. Also, an important finding is that η has positive impact on most of the labour market parameters considered in the study.
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Balqis Romulia, Aldelita Putri. "SECURITIZATION OF ILLEGAL IMMIGRANTS ON THE SOUTH BORDER OF THE UNITED STATES BY PRESIDENT DONALD TRUMP: FOREIGN POLICY CHANGES." Jurnal Dinamika Global 8, no. 01 (June 29, 2023): 133–59. http://dx.doi.org/10.36859/jdg.v8i01.1557.
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The United States is a country that implements a free and most open immigration foreign policy in the world as evidenced by the acceptance of hundreds of thousands of regional and international immigrants each year. The government that is given the responsibility to lead the country will give priority to immigration issues to be formulated in foreign policy. In the era of President Donald Trump, the issue of immigrants was focused on solving the problem of illegal immigrants at the Southern border with an America First approach and securitization measures. This research will focus on the factors that became the basis for President Donald Trump's consideration of securitization in order to change United States immigration policies, using the framework of The Politics of Foreign Policy Change, namely the identification of global and domestic conditions with political and economic elements as factors that underlying changes in a country's foreign policy. This study argues that President Trump's securitization actions in the context of changing US immigration policy are based on global political conditions, namely the presence of transnational crimes such as identity fraud, drug smuggling, and criminal acts. Global economic conditions, related to immigrants with low wages undermine the standard minimum wage for American workers. Political domestic factors are related to the fulfillment of President Trump's campaign promise to protect the homeland and people of the United States from the threat of illegal immigrants on the southern border. Domestic economic factors are related to American jobs which are occupied by illegal immigrants by falsifying their identities at companies and impacting the loss of the right to social security for United States citizens.
Keywords: Foreign Policy Changes, Immigration Policy, Securitization.
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Wood, Laura C. N. "Impact of punitive immigration policies, parent-child separation and child detention on the mental health and development of children." BMJ Paediatrics Open 2, no. 1 (September 2018): e000338. http://dx.doi.org/10.1136/bmjpo-2018-000338.
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In April 2018, the US government introduced a ‘zero tolerance’ illegal immigration control strategy at the US-Mexico border resulting in the detention of all adults awaiting federal prosecution for illegal entry and the subsequent removal of their children to separate child shelters across the USA. By June 2018, over 2300 immigrant children, including infants, had been separated from their parents for immigration purposes. Media reports and scenes of distraught families ignited global condemnation of US immigration policy and fresh criticism of immigration detention practices.Detention of children for immigration purposes is known to be practised in over 100 countries worldwide, despite a significant body of research demonstrating the extensive harm of such policies. This review explores and contextualises the key potential impacts of family separation and detention of children for immigration purposes including damaged attachment relationships, traumatisation, toxic stress and wider detrimental impacts on immigrant communities. As such, it is critical for host nation governments to cease the practice of family separation and child detention for immigration control and promote postmigration policies that protect children from further harm, promote resilience and enable recovery.
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Horikawa, Tomoko. "Australia’s Minor Concessions to Japanese Citizens under the White Australia Policy." New Voices in Japanese Studies 12 (August 17, 2020): 1–20. http://dx.doi.org/10.21159/nvjs.12.01.
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This paper explores concessions made by Australian authorities concerning Japanese immigration during the era of the White Australia Policy in the early twentieth century. Australia’s Immigration Restriction Act was introduced in December 1901. As the major piece of legislation in the White Australia Policy, the act made it virtually impossible for non-Europeans to migrate to Australia. However, Japanese people enjoyed a special position among non-Europeans under the White Australia Policy thanks to Japan’s growing international status as a civilised power at the time, as well as its sustained diplomatic pressure on Australia. While the Commonwealth was determined to exclude Japanese permanent settlers, it sought ways to render the policy of exclusion less offensive to the Japanese. In the early 1900s, two minor modifications to the Immigration Restriction Act were implemented in order to relax the restrictions imposed on Japanese citizens. Moreover, in the application of Commonwealth immigration laws, Japanese people received far more lenient treatment than other non-Europeans and were afforded respect and extra courtesies by Australian officials. Nevertheless, these concessions Australia made to Japanese citizens were minor, and the Commonwealth government maintained its basic policy of excluding Japanese permanent settlers from Australia. This paper shows that, despite continued diplomatic efforts, Japan was fundamentally unable to change pre-war Australia’s basic policy regarding the exclusion of Japanese permanent settlers.
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Handayani, I. Gusti Ayu Ketut Rachmi, and Jasurbek Rustamovich Ehsonov. "Governing Illegal Settlements: Housing Policy in Singapore and Australia." Journal of Sustainable Development and Regulatory Issues (JSDERI) 2, no. 2 (May 31, 2024): 86–107. http://dx.doi.org/10.53955/jsderi.v2i2.44.
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The increase in population has an impact on the proliferation of illegal settlements. This study determines and analyzes housing policies and administrative law enforcement about illegal settlements. The study uses normative legal research, which compares legal issues in two countries, Singapore and Australia. This research is descriptive, using both statute and conceptual approaches. The concept of administrative law enforcement and protecting citizens' fundamental rights are used as the basis for our analysis, combining it with legal system theory and administrative law enforcement. The research results show that, in substance, Singapore has a housing policy through Housing Development Board, which is carried out on a massive scale and is quite successful in dealing with illegal settlements in urban areas about the size of the country's territory. Structurally, government institutions carry out administrative law enforcement through warnings and demolitions. Meanwhile, Australia has not been entirely successful, even though collaboration has been carried out between governments through Australia for Affordable Housing, the private sector, and housing communities. Australia enforces the law by issuing orders to stop using unauthorized buildings and imposing financial sanctions. Affordable and fair housing policies that the enforcement of administrative law can accompany are more effective in reducing illegal settlements than relying solely on the enforcement of administrative law alone or even criminal law. According to a culture of legal awareness, settlers who face various economic and social pressures are more difficult to discipline.
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Guthrie, Robert, and Rebecca Taseff. "Dismissal and Discrimination: Illegal Workers in England and Australia." International Journal of Comparative Labour Law and Industrial Relations 24, Issue 1 (March 1, 2008): 31–60. http://dx.doi.org/10.54648/ijcl2008003.
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Abstract: This paper deals with various topical issues in relation to illegal workers. The legal rights of illegal workers have become an international concern. In this paper two common law countries are examined. The engagement of illegal workers raises a number of delicate employment law and policy issues. This article compares the attitude of the courts in England and Australia in relation to the question of the rights of workers who work contrary to immigration laws (illegal workers). In England, the courts have tended to adopt a traditional approach of not enforcing contracts which are tainted by illegality in relation to cases involving payment of wages and termination of employment. This has often meant that workers employed illegally have no rights to enforce agreements with employers who are a party to the illegal agreement. However, in relation to discrimination cases the English courts have used a number of devices to sidestep this harsh approach, and recently a number of workers who have been engaged illegally have been successful in establishing that their employer has discriminated unlawfully against them. Within the last decade in Australia the picture is even less clear with a mixture of outcomes in relation to cases by workers claiming wages when they have been working illegally. No discrimination cases have emerged in Australia, although this paper speculates that the Australian courts may be receptive to adopting the English approach.
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Prathama Pardamean Hutauruk, Kristofel Aditya, Ahmad Redi, and Suparno Suparno. "Selective Policy in Handling Illegal Immigrants." Jurnal Indonesia Sosial Sains 4, no. 05 (May 25, 2023): 425–31. http://dx.doi.org/10.59141/jiss.v4i05.814.
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The weak legal position of the Indonesian state in tackling the problem of illegal immigrants has resulted in the Indonesian state no longer being a transit country for illegal immigrants from the Middle East to Australia but has become a destination country because the people in Indonesia are known to be friendly and welcoming in dealing with illegal immigrants who later became destination countries with the target of seeking political asylum, human smuggling agents deliberately made Indonesia a destination country for people smuggling. Various efforts have been made by obligated parties, such as the Police institution. The steps taken by the National Police so far have been to arrest illegal immigrants and smugglers, but the investigation process does not use the Special Law, but the Migration Law, so the results obtained do not show significant changes. After Indonesia's independence, Indonesia did not implement the previous policy, namely the "open door policy"; which is considered no longer appropriate. Therefore the Government of the Republic of Indonesia issued a new policy, namely a selective policy that allowed the entry of foreigners only according to their needs and provided benefits for the development of the State and the Government of the Republic of Indonesia.
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Rojak, Jeje Abdul. "Measures to Enforce Law Regarding Stay Permit Violation Against Immigration Law Policy." al-Daulah Jurnal Hukum dan Perundangan Islam 12, no. 2 (October 1, 2022): 326–44. http://dx.doi.org/10.15642/ad.2022.12.2.326-344.
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Law enforcement and stay permit violation are equally important in immigration law policy in many countries. This article seeks to analyse measures taken by the government to enforce the law to control immigration and the likelihood of stay permit violation within the policy of immigration law. Governments in other countries also take stringent measures to enforce immigration law, involving the arrest and deportation of those who fail to comply with immigration law. However, taking these measures may lead to ultra vires tendencies among immigration officials, human rights violations, and inequality in the system of immigration law, while stay permit violation has been an escalating issue, involving document forgery, overstaying visa, or immigration status misuse for illegal purposes. Tackling this issue should take into account supervision improvement, policy change, and sanction imposition on violators. This study also discusses the essence of maintaining the balance between strict immigration law enforcers and individual rights in immigration. All these measures necessitate transparency in the legal process of immigration, fair access to court, and protection of human rights for all, including immigrants. To face these problems, many countries work along with international organisations and humanitarian agencies to seek better solutions and enforce immigration law while safeguarding individual rights. Further studies are needed to help better understand the impacts of immigration policies on immigrants and to find out how law enforcement can be made more efficient without disrespecting human rights. Keywords: immigration, legal policy, law enforcement
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Bayu Setyaji, Tessar, Zudan Arief Fakrulloh, and Suparno Suparno. "Implementation of Legal Policy in Indonesia in Handling Illegal Immigrants." Jurnal Indonesia Sosial Sains 4, no. 05 (May 25, 2023): 417–24. http://dx.doi.org/10.59141/jiss.v4i05.813.
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Even though it is not a destination country, with the consequence of its geographical location, Indonesia is the final stopover for waves of asylum seekers and refugees going to the destination country, namely Australia. The presence of these illegal immigrants will raise demographic problems (population) and is related to social-economic conflicts and directly proportional to the crime rate. The fact that Indonesia is a country of transit for illegal immigrants is evident from the duration of their stay. As many as 17.50 percent of immigrant respondents stated that they lived in Indonesia for 2-4 weeks. It was that immigrants could pause for their next journey, change smuggling agents, or use transit as a separate strategy before entering Australian territory. Immigrants themselves when entering Indonesian territory must have valid documents by the laws and regulations in force in Indonesia as referred to in Article 8 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Law enforcement against foreign nationals is aimed at issues of falsification of identity, lack of documents, registration of foreigners and provision of foreign control books, abuse of residence permits, illegal entry or stay illegal, expiry of stay permit, being in Indonesia outside monitoring by raids and geographic vulnerability in crossings.
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Gaspard, Françoise. "Y a-t-il un «problème immigré» en France ?" Revue française d'administration publique 47, no. 1 (1988): 81–84. http://dx.doi.org/10.3406/rfap.1988.2078.
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An Immigration Issue in France ? It is odd that immigration should be an issue of the 1980s since there has been very little of it for over 10 years. France has never wanted to consider herself as open to permanent settlement and the authorities have long kept up the illusion that immigrant labourers are temporary guests who will return abroad. The 1974 immigration ban changed migration patterns ; new arrivais were family members and not labourers. Government policy promoting reunification of immigrant families appeared as a standing refutation of any immigration ban or ‘go home bonus’. Then folio wed general misunderstanding of 1981 governmental change and of policy aimed at securing permanent status for illegal aliens and civic integration, ail leading to xenophobic rabble-rousing, which in fact reflects French fears of impending change in the next decade. Thus, immigrants both reveal and shoulder the profound crisis currently affecting French society.
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Bull, Melissa, Emily Schindeler, David Berkeman, and Janet Ransley. "A Demography and Taxonomy of Long-term Immigration Detention in Australia." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 98–112. http://dx.doi.org/10.5204/ijcjsd.v2i1.93.
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The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman’s Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.
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Iredale, Robin. "Patterns of Spouse/Fiance Sponsorship to Australia." Asian and Pacific Migration Journal 3, no. 4 (December 1994): 547–66. http://dx.doi.org/10.1177/011719689400300402.
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In the late 1980s, repeat spouse/fiance sponsorship emerged as an issue of concern in the Australian community, especially because of the growing incidence of domestic violence. This article is based on research conducted in 1992 for the Department of Immigration and Ethnic Affairs. The aim was to investigate both repeat and serial sponsorship ( i.e., where domestic violence was present) for all groups of women, through the majority are from Asia. Interviews with women who had been sponsored, community and health workers, refuge workers and others revealed that repeat sponsorship was a common phenomenon. Further, repeat sponsors demonstrated a high level of perpetration of various forms of domestic violence. In July 1994, the Minister for Immigration announced changes in government policy.
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Miller, Mark J. "Reconstructing Citizenship: The Politics of Nationality Reform and Immigration in Contemporary France. By Miriam Feldblum. Albany, NY: SUNY Press, 1999. 227p. $54.50 cloth, $17.95 paper." American Political Science Review 95, no. 1 (March 2001): 234–35. http://dx.doi.org/10.1017/s0003055401582015.
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As recently as a quarter-century ago, virtually no one knew or cared about French nationality law and policy. But in the wake of the May-June events of 1968 there was a prise de conscience about international migration and its effects upon French society and the immigrants themselves. New Order, the then quite obscure extreme rightist group, began to organize protest rallies against illegal immigration. In 1974, the post of Secretary of State for Immigration was created to symbolize the growing concern accorded international migra- tion by the French government. Successive governments, whether rightist or leftist in orientation, pledged to recover control over migration.
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Poetrie, Sandy Tieas Rahmana. "DISKRIMINASI IMIGRAN KULIT PUTIH BERWARNA DALAM MASA KEBIJAKAN MULTIKULTURALISME PASCA PENGHAPUSAN WHITE AUSTRALIAN POLICY." Lakon : Jurnal Kajian Sastra dan Budaya 2, no. 1 (August 24, 2016): 1. http://dx.doi.org/10.20473/lakon.v2i1.1909.
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AbstractThis paper concern on the multiculturalism in Australia related to the immigration policy. Since the application of “White Australia Policy” which makes some restriction to people from other countries who are considered as different color and non-English speakers to come to Australia ended in 1907, the government attempts to eliminate the discrimination treatments to them all. This paper employs descriptive essay which was aimed to describe more aboutAustralian multiculturalism after the end of “White Australia Policy”. The technique of data collection was literary study from some sources like journals and some news from internet. The writer took three cases have ever happenedrelated to the multiculturalism in Australia to analyse the application of immigrants policy after “White Australia Policy” annulment. Those are Arabians beating in Sydney coast by Neo-Nazi, discrimination against Muslim minorityand Africans by police in Victoria, and also Muslim demonstration because of Muhammad humiliation. The study revealed that “White Australia Policy” still can not completely be eliminated. Those three cases, it shows that there arestill many discrimination treatments against coloured immigrants; on the other hand the government is still trying to implement a multiculturalism policy.
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Wiraputra, Anindito Rizki. "THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 63–72. http://dx.doi.org/10.52617/jikk.v1i1.13.
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Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967, issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system, refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different understanding in immigration and foreign policy perspective on Refugee subject.
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Rodriguez, Cristina. "Enforcement, Integration, and the Future of Immigration Federalism." Journal on Migration and Human Security 5, no. 2 (June 2017): 509–40. http://dx.doi.org/10.1177/233150241700500215.
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The federal government has a monopoly over the terms of immigration law, and it superintends the nation's singular immigration enforcement bureaucracy. But our federalism nonetheless provides a vital playing field for sharp debates over the status of immigrants in American life. The forms of state and local involvement in immigration policy are varied, but they fall into two basic categories of mutually dependent and re-enforcing policies: enforcement federalism and integration federalism. Whereas enforcement federalism concerns the extent to which localities should assist or resist federal removal policies, integration federalism encompasses measures designed to assist immigrants, regardless of status, to plant roots and acculturate to life in the United States. Both forms of immigration federalism take shape through a wide variety of intergovernmental relations, not only between the federal government on the one hand and states and localities on the other, but also between states and the cities within them — an increasingly important dimension of immigration federalism today. These relations have important legal characteristics, and constitutional and statutory law bring them into being and mediate them. But the nature of any given intergovernmental dynamic will be shaped just as much by a combination of ideology and institutional imperatives. These elements can either unite the center and the periphery in common cause or produce the sort of conflict that has made immigration federalism a high-profile issue for decades. Given the density of the intergovernmental dynamics that shape the country's immigration policy, developing a comprehensive strategy for immigration federalism requires more than a predilection toward or away from centralization of government authority. It requires a clear view on the appropriate metes and bounds of immigration enforcement, as well as a set of beliefs about the proper place in the social order of immigrants with different legal statuses. While this essay remains largely (though not entirely) agnostic on these questions, it offers four basic principles to frame any future federalism agenda. First, when it comes to enforcement federalism, the federal government ought to acknowledge the reasons that localities might resist federal enforcement efforts, at least as a matter of politics, and if only to ensure that federal policy is subjected to accountability checks by competing, external pressures. Second, whatever the value of resistance to enforcement, a federalism agenda should include efforts by all levels of government to identify a manageable equilibrium that reconciles the federal government's constitutional and statutory responsibilities for maintaining an enforcement regime with the local politics of immigration and the lived realities of immigrant communities. Third, when it comes to integration federalism, the problem of illegal immigration must be solved, and only the federal government can do so decisively. Federalism can only mediate the political conflict over status and help set the terms for its ultimate resolution. And yet, the structural reasons that have given rise to integration federalism should re-enforce the country's commitment to locally driven integration policy, supported by a national-level commitment to information sharing, coordination, and resource support. Finally, because both enforcement and integration policy require systemic flexibility, it is important not to confuse arguments on the merits of immigration policy with structural claims. In other words, scholars, advocates, or policymakers should exercise humility and circumspection when developing conversation-stopping claims that a certain intergovernmental relation is required by law, especially in a context as charged as immigration policy.
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Bavery, Ashley Johnson. "“Crashing America’s Back Gate”: Illegal Europeans, Policing, and Welfare in Industrial Detroit, 1921-1939." Journal of Urban History 44, no. 2 (June 23, 2016): 239–61. http://dx.doi.org/10.1177/0096144216655791.
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Between 1921 and 1939, the border separating Detroit, Michigan, from Windsor, Canada, represented a key site for undocumented immigration on America’s northern border, and the migrants in question were European. This essay examines industrial urban America in the wake of 1921 and 1924 Immigration Acts to reveal the effects of restriction and policing on America’s emerging welfare state. It finds that in Detroit, after federal policies gave nativism the force of the law, local smuggling, policing, and enforcement practices branded foreign-born Europeans as illegal regardless of their legal status. During the New Deal Era, when the federal government built America’s welfare system, the stakes for belonging to the nation-state became higher than ever. In this moment of transition, local actors drew on rhetoric connecting foreigners to crime and dependence to urge federal policymakers to tie welfare benefits to citizenship. These local initiatives in Detroit and across the nation prompted the federal government to purge non-citizens from the Works Progress Administration, the new welfare program most associated with dependence and relief. Ultimately, this essay argues that a shift in national mood about foreignness in urban America took hold of the United States in the 1920s and shaped federal welfare policy by the 1930s.
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Fisanov, Vоlоdymyr. "Immigration policy and the problem of renewal of multiculturalism practices in modern Canada." American History & Politics Scientific edition, no. 6 (2018): 50–59. http://dx.doi.org/10.17721/2521-1706.2018.06.50-59.
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The goal of the article is to analyze certain aspects of Canada’s immigration policy in the context of contemporary realities, considering the concept of multiculturalism. In the paper, there are outlined the main stages of Canadian immigration policy and its impact on the politics of multiculturalism. The author emphasizes that the policy of multiculturalism, proclaimed by the Government of Canada in its modern interpretation in the late 1980s, has transformed in the first decades of the 21st century. It was caused by such factors as the rise of terrorist attacks, illegal migration and the widening of migration from South-East Asia. It was shown that Canadian immigration policy evolved to more open and liberal since the end of World War II, but at the beginning of the 21st century, the situation radically changed. This trend was especially noticeable during the activities of the conservative governments of S. Harper (2006-2015). Conservative government policy was marked by the introduction of restrictive immigration laws and the extension of bureaucratic procedures. In particular, some provisions of the «Strengthening Canadian Citizenship Act» of June 19, 2014, were analyzed. It was emphasized that this legal action had been crushed by the Bar Association of Canada, as well as in the Open Letter of 60 well-known scholars and community members to the Prime Minister of Canada. Another trend of last developments in Canadian multicultural society was influenced by American negative attitudes towards Muslims. Today, the Government of Canada must review and substantially add a policy of multiculturalism. However, it should not become a hostage to the political struggle between liberals and conservatives in the contemporary difficult realities. The escalation of feelings of danger and intolerance, based on the dialectical thе «еnemy-friend» opposition, no longer works in a society. But people are looking for effective democratic dialogue in order to normalize relationships in the multicolored society of the early 21st century.
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Setiawan, Mochamad Rizqi Setiawan, Erza Lasoturia Anansih Mendrofa Mendrofa, and Gede Maha Aditya Pramana Pramana. "BORDER MANAGEMENT: CHALLENGES AND ISSUES AT THE BORDER IN INDONESIA." Customs Research and Applications Journal 2, no. 2 (December 23, 2020): 84–104. http://dx.doi.org/10.31092/craj.v2i2.65.
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This paper aims to give a comprehensive account of the border management in Indonesia through the challenges faced by the CIQS (Customs, Immigration, Quarantine, and Security) and offered strategies to curb the challenges. The cross-border activities potentially bring the illegal movement to both the people and the goods. Indonesia, as an archipelagic country, should build border management and border control policies that able to overcome those challenges with the Coordinated Border Management (CBM) strategy. This study uses qualitative methodology with a descriptive analysis through document analysis of government reports, journal articles, or any related documents. This research uses SWOT Analysis by observing the internal and external aspects of border agencies in Indonesia, especially the Directorate General of Immigration (DGI). This paper affirmed that immigration and border control policy in Indonesia should be reassessed and updated to comply with the rapid development of globalization, suit the national interest, and use the CBM approach strategy to secure the border effectively.
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Tsareva, E. J. "SOCIO-ECONOMIC CONSEQUENCES OF IMMIGRATION IN ITALY." MGIMO Review of International Relations, no. 3(36) (June 28, 2014): 103–9. http://dx.doi.org/10.24833/2071-8160-2014-3-36-103-109.
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During the last decade, migration flows have greatly affected the Italian economy and demography. The trend is growing, not only because of the ideal geographic position for transit, but also due to the Italian economic structure, and business interest: Cheap labour is greatly in demand among employers. The increasing number of migrants has created a certain imbalance in different spheres of life and society. The middle-aged population in Italy is ever growing, thus migrants play an important role in filling the workforce depletion as well as flooding the labor market. The effects of migration cannot be viewed as either positive or negative. In the recent decade, Italy has been pursuing a tight budgetary policy regarding its obligations under the Economic and Monetary Union. At the same time, the government realizes the necessity of radical restructuring of the national market, both taking measures to encourage entry of fully qualified migrants and by restricting illigal or low-skilled immigrants. The state faces a number of problems, such as job placement and assimilation of migrants into society. Some of the objectives are to provide them with the employment, cultivate European values and teach them Italian. While migrants are relevant, the shadow sector of the economy - sheltering iltygals - is growing. The economy and the budget suffer, and the external debt is growing. The article presents the data on the demographic situation in Italy. It analyzes the correlation between the migrants and the indigenous people in the labor market. Special attention is focused on socioeconomic consequences of immigration in Italy. International experience in general and Italian in particular are highly important to improving the migration policy, developing systems of internal and external control of the migration processes, illegal migration control, and a quota system; the government even takes note of fertility among migrants. A comprehensive analysis of these trends seems promising toward improving the Italian migration policy.
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БЕРЁЗА А.О., БЕРЁЗА А. О. "U.S. GOVERNMENT MIGRATION POLICY IN THE CONTEXT OF THE GLOBAL MIGRATION CRISIS." Экономика и предпринимательство, no. 4(165) (June 25, 2024): 311–19. http://dx.doi.org/10.34925/eip.2024.165.4.059.
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В условиях нарастающих угроз глобального миграционного кризиса происходит его активное переформатирование в направлении кодификации иммиграционного законодательства, имплементации селективного инструментария отбора наиболее востребованных для экономики квалифицированных профессиональных кадров, ученых и талантливой молодежи; существенного сокращения семейной иммиграции; ликвидации «лотерейной иммиграции»; внедрение» балльной системы отбора иммигрантов с учетом их возраста, уровня образования и профессиональных навыков; выдворение иностранцев, совершивших на территории Соединенных Штатов Америки уголовные действия; внедрение системы электронной верификации работодателем прав работника на законное пребывание и работу на территории США – «E-Verify»; немедленной депортации нелегальных мигрантов, задержанных при пересечении границы; внедрение полноценной системы биометрических виз, способных отслеживать все трансграничные перемещения при въезде и выезде из страны и тому подобное. В совокупности указанные инструменты обеспечивают глубокую трансформацию целевой мотивации миграционной политики США – от суженного формата обеспечения развития и благополучия государства до более широкого формата безопасности ее защиты от транснационального терроризма и организованной преступности. Современная миграционная политика США все в большей степени приобретает агрессивно-регуляторный характер с приоритетом вопросов по максимально полному использованию иммиграционного ресурса для укрепления национального научно-технической и инновационной конкурентоспособности, усиления влияния на все сегменты глобального рынка, а также обеспечения национальной безопасности, общественной стабильности, активного включения иммигрантов в национальный рынок труда и их интеграции в американский социум на принципах «плавильного котла». In the context of the growing threats of the global migration crisis, its active reformatting is taking place in the direction of codification of immigration legislation, the implementation of selective tools for selecting qualified professional personnel, scientists and talented youth who are most in demand for the economy; a significant reduction in family immigration; the elimination of "lottery immigration"; the introduction of a point system for selecting immigrants taking into account their age, level of education and professional skills; the extradition of foreigners who have committed criminal acts; the introduction of an electronic verification system by the employer of the employee's rights to legally stay and work in the United States – "E-Verify"; the immediate deportation of illegal migrants detained while crossing the border; the introduction of a full-fledged biometric visa system capable of tracking all cross-border movements at entry and exit from countries and so on. Together these tools provide a profound transformation of the target motivation of US migration policy – from a narrowed format for ensuring the development and well-being of the state to a broader format for the security and protection from transnational terrorism and organized crime. The modern migration policy of the United States is increasingly becoming aggressively regulatory in nature, with the priority of issues on the fullest possible use of the immigration resource to strengthen national scientific, technical and innovative competitiveness, strengthen influence on all segments of the global market, as well as ensuring national security, social stability, active inclusion of immigrants in the national labor market and their integration into the the American society based on the principles of a "melting pot".
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Wood, Tamara, and Jane McAdam. "III. Australian Asylum Policy all at Sea: An analysis of Plaintiff M70/2011 v Minister for Immigration and Citizenship and the Australia–Malaysia Arrangement." International and Comparative Law Quarterly 61, no. 1 (January 2012): 274–300. http://dx.doi.org/10.1017/s0020589311000662.
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On 25 July 2011, the governments of Australia and Malaysia announced that they had entered into an ‘Arrangement’ for the transfer of asylum seekers.1 Its stated aim was to deter asylum seekers from travelling by boat to Australia by providing that the next 800 asylum seekers to arrive unlawfully would be transferred to Malaysia in exchange for the resettlement of 4,000 UNHCR-approved refugees living there.2 The joint media release by the Australian Prime Minister and Minister for Immigration lauded it as a ‘groundbreaking arrangement’ that demonstrated ‘the resolve of Australia and Malaysia to break the people smugglers’ business model, stop them profiting from human misery, and stop people risking their lives at sea’.3 The success of the Arrangement relied on Malaysia being perceived as an inhospitable host country for asylum seekers, with the Australian Government emphasising that it provided ‘the best course of action to make sure that we sent the maximum message of deterrence’.4 The Government also made clear that those transferred to Malaysia would ‘go to the back of the [asylum] queue’.5
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Jakubowicz, Andrew. "“Don’t mention it…”: what government wants to hear and why about multicultural Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 6, no. 2 (September 2, 2014): 1–24. http://dx.doi.org/10.5130/ccs.v6i2.3904.
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Research into migration, settlement, racism and multiculturalism has been a major theme of the Cosmopolitan Civil Societies Research Centre at the University of Technology, Sydney, since its inception in 2006. In this article the author, a scholar with over forty years of research experience in this thematic area, draws on his experience of the interaction between research, policy and politics to argue that independent research that tackles difficult questions can contribute to wider social understanding of difficult issues. He demonstrates the impact both of the investment in and expansion of research, and the contrary contraction and deprivation of resources. Key research exercises discussed include the Henderson Poverty Inquiry, Jean Martin’s 1970s study of the first Indochinese arrivals, the Galbally Report, the Australian Institute of Multicultural Affairs, the Bureau of Immigration Population and Multicultural Research, the Office of Multicultural Affairs, the Eureka Harmony reports, the Challenging Racism project, the Scanlon Social Cohesion project, and The People of Australia report.
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Koleth, Elsa. "Unsettling the Settler State: The State and Social Outcomes of Temporary Migration in Australia." Migration, Mobility, & Displacement 3, no. 1 (August 24, 2017): 33. http://dx.doi.org/10.18357/mmd31201717072.
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The exponential growth of temporary migration to Australia since the late 1990s has unsettled the model of permanent migration, state supported settlement and multicultural citizenship on which Australia has been built. This article draws attention to the emergence of a gulf between Australia’s immigration policies and social policy frameworks for migrant integration in the course of Australia’s transition from a permanent to a temporary migration paradigm. It does so through an analysis of interviews with migrants, government officials at federal and local levels, and migrant service providers. It argues that the system by which temporary migration has been governed in Australia has enabled the Australian state to strategically divest itself of responsibility for the social welfare of temporary migrants and the long-term outcomes of temporary migration policies. Specifically, this has been achieved through the construction of temporary migrants as disposable, risk-bearing subjects, the exclusion of temporary migrants from social policy frameworks for migrant integration, and the elision of long-term social outcomes of migration policies through a focus on short-term economic outcomes. It concludes by pointing to changes required for instituting a temporal re-orientation of government policies from short-term economic outcomes towards the long-term social outcomes of migration.
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Mlambo, Victor H. "Cross-border Migration in the Southern African Development Community (SADC): Benefits, Problems and Future prospects." Journal of Social and Development Sciences 8, no. 4 (February 24, 2018): 42–56. http://dx.doi.org/10.22610/jsds.v8i4.2062.
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With rapid globalization sweeping through the globe, the movement of people throughout the world has increased significantly over the last 20 years. Motivated by the thrill of earning better salaries and living in countries characterised by better standards of living, people have travelled long distances in search of such opportunities. Undoubtedly, the economic buoyancy of countries like South Africa and Botswana has attracted thousands of migrants from the SADC who are seeking job opportunities, further straining government resources and impeding the effective functioning of border immigration services. The unequal rate of economic development in the region has further created an increasing gap between fast-developing and slow developing nations, hence the unequal rate of migration. Skills transfer and collaborations have been the major benefits of cross border-migration for SADC, although crime and xenophobia have also been identified as problems associated with cross-border migration in Southern Africa. The flow of remittances from South Africa has played a crucial role in fighting poverty and hunger in the migrant’s home country and contributed significantly to government finances. However, the absence of a regionally accepted policy aimed at regulating migration means that illegal cross-border migration will carry on being a problem in the region and unfortunately the absence of policies aiming at spurring collective regional economic growth means illegal cross-border migration will increase in the years to come.
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Dimas N. I, Fajar, and M. Irfan Singke. "Enforcement of Immigration Law Against Human Smuggling Especually Illegal Foreign Labor in Indonesia : Normative – Empiric Axiology." Journal of Law and Border Protection 3, no. 2 (December 10, 2021): 35–45. http://dx.doi.org/10.52617/jlbp.v3i2.278.
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Transnational crime has the potential to occur in Indonesia, which is a developing country. Transnational crime is not only driven by the free trade factor and weak law enforcement in Indonesia, but also by the geographical area of Indonesia itself. In the midst of many national problems that are currently happening and require serious attention, one of the serious concerns is people smuggling or people smuggling. Law enforcement against immigration crimes, especially the problem of misuse of foreign workers' residence permits by law enforcement officers, especially PPNS investigators is still very weak. This can be seen in the development of the issue of illegal foreign workers which is being discussed in the community. This situation needs serious attention from the government, especially law enforcement. Enforcement of illegal foreign workers can be carried out administrative actions in the form of paying fees/fines, deportation, revocation of business licenses, and if the conditions for employing foreign workers are not met, the licensing agency can repatriate foreign workers to their countries of origin, and deterrence or criminal sanctions with the threat of imprisonment. The policy of determining in the future should stipulate a special minimum and a special maximum in criminal sanctions, in addition to mapping the division of roles so that there is no generalization of the imposition of criminal sanctions accompanied by the determination of criminal rules that are oriented towards smugglers and the people being smuggled.
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Neumann, Jenna. "Proposing a One-Year Time Bar for 8 U.S.C. § 1226(c)." Michigan Law Review, no. 115.5 (2017): 707. http://dx.doi.org/10.36644/mlr.115.5.proposing.
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Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit read “when the alien is released” to mean “any time after the alien is released,” allowing the government to detain and deport criminal noncitizens years or decades after their release from criminal custody. A majority of district courts as well as the First Circuit, however, have interpreted the clause to mean “immediately upon the alien’s release.” Under this construction, immigration enforcement can detain a criminal noncitizen for deportation and detention only shortly after her release from criminal custody. This Note argues that in light of recent legal and policy changes, the latter interpretation of section 1226(c) offers the correct understanding of the statute. It further contends that a universal one-year time bar should be implemented for detentions occurring under section 1226(c) to respect due process concerns.
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Smith, Cameron. "‘Authoritarian neoliberalism’ and the Australian border-industrial complex." Competition & Change 23, no. 2 (October 15, 2018): 192–217. http://dx.doi.org/10.1177/1024529418807074.
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What functions do the securitization and the militarization of the border serve under ‘authoritarian neoliberalism’ in Australia? Having pursued the policy of mandatory detention of all undocumented migrants since 1992, the Australian government has also increasingly sought to outsource, privatize, and offshore the construction and operation of its immigration detention facilities, whilst simultaneously engaging in increasingly authoritarian interventions via the militarization of border control. This article seeks to problematize these developments by constructing an emergent cartography of the various links between the ongoing processes of neoliberal structural adjustment, and the intensification of the policing and punitive apparatuses of the Australian border-industrial complex. Accordingly, using theoretical insights gleaned from emergent work on ‘authoritarian neoliberalism’ and from race critical theory as a cue, I outline in this article three functions of the border within punitive approaches to immigration control under neoliberal structural adjustment in Australia: first, as an apparatus of ongoing colonial power; second, as a technology of racial differentiation through its functioning as a ‘filter’ that privileges certain migrant bodies over others, and as an ‘insulator’ against popular dissent; third, as a site of profit and accumulation for transnational capital.
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Ghafournia, Nafiseh, and Patricia Easteal. "Are Immigrant Women Visible in Australian Domestic Violence Reports that Potentially Influence Policy?" Laws 7, no. 4 (September 21, 2018): 32. http://dx.doi.org/10.3390/laws7040032.
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Through an intersectional lens, this article explores whether immigrant women are represented in a sample of Australian government documents aimed at providing information about family violence in Australia, and discusses implications for policy development. The authors find that while these documents pay lip service to the special vulnerabilities of immigrant and refugee women; arguably, they do not engage with the complexities of the intersection of gender and other social categories. Given that the reports do not focus adequately on how race, ethnicity, culture and immigration status play a role in these women’s experiences of domestic violence, this may limit the effect of policies that address the culturally and linguistically diverse (CALD) victims’ needs and rights to protection. We argue that a more intersectional approach is necessary to address CALD women’s specific needs.
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Rung, Daile Lynn. "COVID-19 and Policy-Induced Inequalities: Exploring How Social and Economic Exclusions Impact ‘Temporary’ Migrant Men’s Health and Wellbeing in Australia." International Journal of Environmental Research and Public Health 20, no. 13 (June 21, 2023): 6193. http://dx.doi.org/10.3390/ijerph20136193.
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The Australian government swiftly put in place a number of economic relief measures and policies to support people during the COVID-19 crisis. However, the government’s COVID-19 response policies excluded people with ‘temporary’ migrant status living in the country and encouraged people holding temporary visas who lost jobs and could no longer afford to support themselves to ‘go home’. This paper draws upon sub-citizenship theory to explore how Australia’s immigration and COVID-19 response policies are likely to impact the health and wellbeing of ‘temporary’ migrant men and their families. Through focusing on Australia’s policy approach towards ‘temporary’ migrants and the social, health, and human rights implications among men with temporary migrant status during the pandemic, this paper contributes to emerging literature that considers the intersectional implications of immigration and COVID-19 response policies as they pertain to people with precarious migration status. Applying sub-citizenship theory to analyse how Australia’s COVID-19 response policies intersect with ‘temporary’ migration schemes offers a useful way to think about and unearth how structural, and often legislated, exclusions can affect the health and wellbeing of marginalised groups.
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Saputra, Fahrizal, Eva Achjani Zulfa, and Stanislaus Riyanta. "Indonesia as a Transit State in Handling Overseas Refugees from the Aspect of Immigration Policy." Journal Transnational Universal Studies 2, no. 5 (July 1, 2024): 288–304. http://dx.doi.org/10.58631/jtus.v2i5.104.
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Indonesia is a key transit country for refugees in Southeast Asia, particularly for those aiming to reach Australia. Despite not having ratified the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Indonesia continues to see an increasing number of refugees due to global geopolitical conditions. This increase is not matched by a corresponding increase in refugee absorption quotas by Convention countries. Consequently, Indonesia faces a significant challenge as the number of incoming and transiting refugees exceeds those leaving. The successful handling of Vietnamese refugees over a period of almost 25 years now seems difficult to replicate, with only 13% of foreign refugees and asylum seekers resolving their cases through resettlement or repatriation since 2004. This study aims to analyze Indonesia's immigration policies and their effectiveness in managing the current and uncertain future of foreign refugees. By examining these policies, the study seeks to understand the measures taken by the Indonesian government to address the challenges posed by its position as a transit country.
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Lehmann, Caitlyn. "Editorial." Children Australia 42, no. 4 (November 29, 2017): 225–29. http://dx.doi.org/10.1017/cha.2017.44.
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Among the plethora of minor parties fielding candidates in Australia's 2016 federal election was a relative newcomer called Sustainable Australia. Formed in 2010 and campaigning with the slogan ‘Better, not bigger’, the party's policy centrepiece calls for Australia to slow its population growth through a combination of lower immigration, changes to family payments, and the withdrawal of government agencies from proactive population growth strategies (Sustainable Australia, n.d.). At a global level, the party also calls for Australia to increase foreign aid with a focus on supporting women's health, reproductive rights and education. Like most minor parties, its candidates polled poorly, attracting too few votes to secure seats in the Senate. But in the ensuing months, the South Australian branch of The Greens broke from the national party platform by proposing the aim of stabilising South Australia's population within a generation (The Greens SA, 2017). Just this August, Australian business entrepreneur Dick Smith launched a ‘Fair Go’ manifesto, similarly calling for reductions in Australia's population growth to address rising economic inequality and a “decline in living standards” (Dick Smith Fair Go Group, 2017).
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Agutter, Karen. "Fated to be Orphans: The Consequences of Australia's Post-War Resettlement Policy on Refugee Children." Children Australia 41, no. 3 (July 15, 2016): 224–31. http://dx.doi.org/10.1017/cha.2016.15.
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Between 1947 and 1953, Australia received over 170,000 Displaced People from Europe including widows and unmarried mothers. These refugees were expected to conform to the policies and expectations of the State, in particular the adherence to a 2-year work contract. This was an impossibility for many mothers who could not find work or accommodation outside of the government supplied migrant accommodation centres, and who, as a consequence, resorted to placing their children, either temporarily or permanently, in institutions or for adoption. Through an examination of archival documents, this paper examines the policies that resulted in migrant child placement and adoption and considers the role played by Department of Immigration social workers. It asks why, when migrant children were considered amongst the most desirable of new arrivals, were many fated to become orphans?
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Simon, Miranda, Cassilde Schwartz, David Hudson, and Shane D. Johnson. "A data-driven computational model on the effects of immigration policies." Proceedings of the National Academy of Sciences 115, no. 34 (August 6, 2018): E7914—E7923. http://dx.doi.org/10.1073/pnas.1800373115.
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Many scholars suggest that visa restrictions push individuals who would have otherwise migrated legally toward illegal channels. This expectation is difficult to test empirically for three reasons. First, unauthorized migration is clandestine and often unobservable. Second, interpersonal ties between migrants and would-be migrants form a self-perpetuating system, which adapts in ways that are difficult to observe or predict. Third, empirical evaluations of immigration policy are vulnerable to endogeneity and other issues of causal inference. In this paper, we pair tailor-made empirical designs with an agent-based computational model (ABM) to capture the dynamics of a migration system that often elude empirical analysis, while grounding agent rules and characteristics with primary data collected in Jamaica, an origin country. We find that some government-imposed restrictions on migrants can deter total migration, but others are ineffective. Relative to a system of free movement, the minimal eligibility conditions required to classify migrants into visa categories alone make migration inaccessible for many. Restrictive policies imposed on student and high-skilled visa categories have little added effect because eligible individuals are likely able to migrate through alternative legal categories. Meanwhile, restrictions on family-based visas result in significant reductions in total migration. However, they also produce the largest reorientation toward unauthorized channels—an unintended consequence that even the highest rates of apprehension do not effectively eliminate.
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Kudrna, George, Chung Tran, and Alan Woodland. "FACING DEMOGRAPHIC CHALLENGES: PENSION CUTS OR TAX HIKES?" Macroeconomic Dynamics 23, no. 2 (February 21, 2018): 625–73. http://dx.doi.org/10.1017/s1365100516001292.
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A challenge that faces many advanced economies is how to finance age-related spending programs as the population ages. In this paper, we investigate two policy options–pension cuts and tax hikes–to mitigate fiscal pressure arising in the special context of Australia, whose population is ageing fast while growing substantially in size due to immigration. Using a computable overlapping generations model, we find that while both policy reforms can achieve a similar fiscal goal, they lead to different distributional and welfare effects across income groups over time. Future generations prefer pension cuts, whereas current generations prefer tax hikes to finance government spending commitments. Moreover, within the tax hike option, taxing income or consumption results in opposing macroeconomic and welfare effects. Indeed, our opposing intra- and inter-temporal welfare outcomes highlight some political complexity when devising a more sustainable tax-transfer system.
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Sari, Komang Ayu Kartika. "Prostitution Legislation Reforms in Western Australia: What Indonesia Can Learn." Public Health and Preventive Medicine Archive 2, no. 1 (July 1, 2014): 92. http://dx.doi.org/10.15562/phpma.v2i1.130.
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Prostitution is still a complicated problem worldwide including in Western Australia. It is estimated that there are 1700 sex workers and 38 identified brothels in Western Australia1 and prostitution legislation is still an ongoing debatable issue in the state. There has been a significant change in prostitution laws and enforcement practices, which is due to the rising worldwide problem of sex trafficking and its relation to prostitution.2 The Liberal or National Government of Western Australia planned to introduce the prostitution legislation reforms, which were intended to make brothels to be the “only viable” and legal workplaces for sex workers, to make sex workers have no opportunity to work privately in residential areas and to force them to work for the third parties or to relocate them to industrial areas.3 It would be implemented through a brothel licensing policy, which in turn will make non brothel-based sex workers considered illegal. Brothels are indeed more organized and easier to provide health care and education than the street4 and based on research in the Norwegian capital5, an existing law can make people have more negative attitudes towards buying sex. However, particular form of regulation and practice may result in worse situations and can undermine the health and well-being of sex workers. This article will discuss in details why the prostitution legislation reforms released by The Liberal/National Government in WA should not be fully supported and what we can learn based on the context of Indonesia
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Holmes, Jennifer S., and Linda Camp Keith. "Does the Fear of Terrorists Trump the Fear of Persecution in Asylum Outcomes in the Post–September 11 Era?" PS: Political Science & Politics 43, no. 03 (June 30, 2010): 431–36. http://dx.doi.org/10.1017/s1049096510000685.
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Historically, U.S. asylum policy has reflected both an effort to provide safe haven for deserving asylum seekers and the intent to promote national security and domestic policy priorities. A growing body of empirical evidence suggests that asylum outcomes, at least in the aggregate, have been weighted more heavily by foreign policy considerations than humanitarian concerns. Since the mid 1990s, the United States government has reformed the asylum system in response to concerns of abuse by economic migrants, burgeoning caseloads, and national security threats. Although, as Davergne (2008) points out, “the most reviled of asylum seekers of the global era is the ‘economic refugee,’ under suspicion of fleeing poverty and poor prospects in search of a better life” rather than fleeing because of the fear of persecution (65), in the wake of terrorist attacks on the United States in 1993 and 2001, the fears of economic opportunists abusing the system have combined with the broader fear of potential terrorists gaining legal entry into the country through an overburdened asylum system. Since 1995, Congress has passed two major acts to reform the asylum process in reaction to these fears. Both the 1996 Illegal Immigration Reform and Immigrant Responsibility Act and the 2005 Real ID Act were passed to prevent economic migrants and individuals who may pose security risks from entering the country on false claims of asylum. Following September 11, the U.S. government has pursued prosecution for documents fraud among asylum applicants and aggressively enforced safe third country requirements. And, like our European counterparts, the United States has increasingly taken more deterrent and preventative actions to discourage asylum applicants from choosing it as a target for asylum and prevent potential applicants from reaching its ports of entry. Critics fear that the draconian measures adopted in response to these fears are overly broad and worry that worthy applicants have been turned away at the border or denied asylum with increasing frequency, thus leading them to face the real possibility of torture and other forms of persecution. In this article, we examine changes in U.S. asylum policy and whether the heightened security concerns after September 11 have significantly influenced the U.S. asylum process and outcomes in U.S. immigration courts.
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Iksanov, Ilya S. "The Constitutional and Legal Regulation of Migration in the Italian Republic." Russian judge 11 (November 19, 2020): 46–50. http://dx.doi.org/10.18572/1812-3791-2020-11-46-50.
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Italy became a country of immigration quite late. external factors influenced the formation of Italy’s migration policy: the expansion of regional integration within the European community and accession to international conventions. The legislation on citizenship reacted to these changes. In particular, access to citizenship was made more difficult for foreigners from countries that were not part of the European community, and it was easier for descendants of emigrants who lived abroad to acquire citizenship. Italy has one of the most modern laws on the status of foreigners, which regulates all aspects of the legal status of these persons, as well as their social adaptation, and provides for the necessary measures to prevent discrimination and xenophobia. The provisions of this act may change in the event of a change in the government coalition, but the basic approaches are unchanged: citizens of other States are considered as part of the population of Italy; foreigners who reside in the country legally are equal to its citizens; illegal migrants are legally guaranteed a certain minimum of rights and freedoms.
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Zainal, Zainal, and Fajar Muhammad. "Network Governance In Handling Problems Of Asylum Seekers In Pekanbaru City." Jurnal Kajian Pemerintah: Journal of Government, Social and Politics 7, no. 1 (March 31, 2021): 70–81. http://dx.doi.org/10.25299/jkp.2021.vol7(1).11694.
Full textAbstract:
The increasing arrival and presence of asylum seekers in Pekanbaru City has presented its own problems that are feared and have an impact in the fields of ideology, politics, economy, socio-culture, national security, and immigration vulnerability. This study aims to determine network governance in dealing with the problems of asylum seekers in Pekanbaru City. This study uses a qualitative method, which is a study that uses humans as research instruments that are adapted to the situation and conditions in the field. The results of the study show that networking governance between stakeholder institutions has not been going well so that there are still many immigrants who violate and conflict with existing regulatory provisions. The conclusion of this research is that in terms of involvement, commitment, roles, and mechanisms, the three institutions have been well implemented. The research suggestion is that all stakeholders are expected to establish cooperative relationships and coordinate with the Pekanbaru City Government, the police and other parties involved in monitoring the presence of asylum seekers or illegal immigrants in Pekanbaru.
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Mancini, Marina. "Italy’s New Migration Control Policy: Stemming the Flow of Migrants From Libya Without Regard for Their Human Rights." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 259–81. http://dx.doi.org/10.1163/22116133-02701015.
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During 2017, the Italian Government adopted a series of controversial measures in order to stem the increasing flow of migrants from Libya, with the full backing of the European Union. The Memorandum of Understanding between Italy and the Libyan Government of National Accord of 2 February 2017 provided the legal basis for most of them. In actual fact, those measures rapidly led to a significant reduction in the number of migrants arriving in Italy, while increasing that of migrants intercepted at sea by the Libyan Coast Guard and transferred to the detention centres managed by the Libyan Department for Combatting Illegal Immigration. As a result, the already inhuman conditions of detention therein further worsened. This article investigates whether and to what extent Italy can be held responsible under international law for human rights violations against migrants on Libyan soil and, at the hands of the Libyan Coast Guard, at sea. It is submitted that, owing to the active support to the Libyan Coast Guard and the adoption of a code of conduct restricting NGOs’ search and rescue activities, Italy is complicit in violations of the prohibition of torture and ill-treatment against migrants intercepted at sea and forcibly returned to Libya. It is also stressed that Italy would be responsible for directly violating the prohibition on torture and ill-treatment enshrined in Article 3 of the European Convention on Human Rights, if it were ascertained that Italian military personnel exercise de facto control over Libyan Coast Guard vessels transporting migrants back to Libyan territory. In the light of this, the author highlights the urgent need for the Italian Government to rethink its migration control policy, amending the said Memorandum of Understanding and modifying the aforementioned measures so as to prioritise the protection of migrants’ fundamental human rights.
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Juárez, Melina, Bárbara Gómez-Aguiñaga, and Sonia P. Bettez. "Twenty Years after IIRIRA: The Rise of Immigrant Detention and its Effects on Latinx Communities across the Nation." Journal on Migration and Human Security 6, no. 1 (January 2018): 74–96. http://dx.doi.org/10.1177/233150241800600104.
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This paper studies the dynamics of detention, deportation, and the criminalization of immigrants. We ground our analyses and discussion around the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA's) detention mandate, the role of special interest groups and federal policies. We argue that these special interest groups and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. Moreover, we aim to incite discussion on what this rapid growth in detention means for human rights, legislative representation and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? And does the rapid increase in detention pose challenges or risks to democracy in the United States? Our study is grounded within the limited, yet growing literature on immigrant detention, government data, and “gray” literature produced by nonprofits and organizations working on immigration-related issues. We construct a unique dataset using this literature and congressional reports to assess what factors are associated with the rise of immigrant detention. A series of correlations and a time series regression analysis reveal that major restrictive federal immigration policies such as IIRIRA, along with the increasing federal immigration enforcement budget, have had a significant impact on immigrant detention rates. Based on these findings, we recommend three central policy actions. First, the paper recommends increased transparency and accountability on behalf of the Department of omeland Security, Immigration and Customs Enforcement, and on lobbying expenditures from for-profit detention corporations. Second, it argues for the repeal of mandatory detention laws. These mandatory laws have led to the further criminalization and marginalization of undocumented immigrants. And lastly, it argues that repeal of the Congressional bed mandate would allow for the number of detainees to mirror actual detention needs, rather than providing an incentive to detain. However, we anticipate that the demand for beds will increase even more given the current administration's push for the criminalization and increased arrests of undocumented individuals. The rhetoric used by the present administration further criminalizes immigrants. 1
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Mirwanto, Tony. "THE PROBLEM OF THE SUPERVISION OF IMMIGRATION STAY LICENSES ON ILLEGAL FOREIGN LABOR WORKING IN FOREIGN CAPITAL INVESTMENT COMPANIES IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 2 (November 24, 2018): 13–24. http://dx.doi.org/10.52617/jikk.v1i2.31.
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Abuse of Residence Permits by foreigners with the mode of using tourist visit visas often occurs, generally used in the context of working as a Foreign Worker in a Foreign Investment Company in Indonesia. This has led to a reduction in employment opportunities for Indonesian Migrant Workers in the country and a reduction in State income in terms of the use of Foreign Workers. Based on the facts in the field, the problem of misuse of Tourism Visit Stay Permits generally comes from the policy of Free Visa for Tourist Visits, this is a problem that over time is increasingly difficult to resolve, even more difficult to detect by law enforcement officials. The involvement of Indonesia in various international agreements that accommodate the ease of investment and the use of foreign labor, has made Indonesia increasingly fulfilled by investors and foreign workers. The problem of the use of foreign workers needs to be taken seriously by the government, especially in monitoring its activities while in Indonesia, so that the use of foreign labor can be beneficial for Indonesia. Giving ease of Visa Free in order to increase foreign exchange in tourism to foreigners who will enter Indonesia, of course, must be accompanied by supervision of their residence permit as a consequence of the ease of granting the Visa Free. In order for the practice of using foreign workers illegally by foreign investment companies, it can be minimized as early as possible