SAME SEX,DIFFERENT RIGHTS: AMENDING U.S. IMMIGRATION LAW TO RECOGNIZE SAME‐SEX PARTNERS OF REFUGEES AND ASYLEES

Overcoming a long history of anti‐gay sentiment preserved in federal immigration law, the United States has made admirable advances during the past two decades in the protection it affords gay immigrants. Despite this promising progress, and in contrast to the practices of all other industrialized democracies, the United States remains firm in its refusal to federally recognize any form of same‐sex partnership, a decision which bears directly on those relationships considered valid for immigration purposes. The Uniting American Families Act (UAFA) represents the closest any proposed legislation has come to successfully granting immigration rights to gay immigrants. However, through its restrictive provisions, the UAFA fails to fully account for the needs of refugees, asylees, and their same‐sex partners. This Note argues that, while the UAFA is a step in the right direction, it does not go far enough to protect gay refugees and asylees. It further proposes that legislation be enacted which provides this unique segment of the immigrant population the opportunity to share their lives together, free from fear of persecution. It advocates for the use of the conjugal partner provision set out in Canada's Immigration and Refugee Protection Act as a template for changes to U.S. immigration law, thereby expanding the category of relationships viewed as valid for the purpose of immigration.     

The Microphysics of Participation in Refugee Research

This paper examines the involvement of refugees in the productionand reproduction of knowledge of which they are ultimately meantto be beneficiaries. By using examples from research with CentralAmerican refugees and Rwandan displaced children, it considersforced migrants’ roles as participants in research, theirposition in ‘participatory’ research, and the representationof refugees’ voices in refugee-centred research. Poweris intimately connected to the diverse ways in which participationunfolds, and the last part of the paper examines refugees’participation in research in terms of ‘power that circulates’(Foucault) to show that they are not more or less powerful butvehicles for the circulation of power, simultaneously undergoingand exercising it.     

Refugee Return Migration: Return Migration from Sweden to Chile, Iran and Poland 1973 1996

In this paper, return migration from Sweden to three sourcesof refugee immigration is analysed, with a focus on the effectof political change in 1990. Chilean immigrants reacted morestrongly to political liberalization in the home country thanPolish immigrants did, primarily due to more favourable economiccircumstances in Chile compared to Poland in the 1990s. In fact,the increase in Polish return migration propensity after 1990is not statistically different from the Iranian increase, inspite of the absence of political liberalization in Iran. Thereare significant cohort differences within the Chilean group,indicating an element of economically motivated migration withinthe last waves of Chilean refugee immigration in the late 1980s.Hence, successful implementation of schemes of voluntary returnmigration for refugees will not only be dependent on an improvedpolitical situation in the source country, but will also behighly dependent on economic circumstances.     

The future of claims to resist removal by non-nationals suffering from HIV/AIDS

The focus of this article is to consider the difficulties facing non-nationals suffering HIV/AIDS to resist removal to their countries of origin where there is no or inadequate medical treatment. The link between HIV/AIDS and migration will be explored illustrating the vulnerability of displaced people to the virus. The current UK legal position for those attempting to resist removal in such circumstances will be explored. The article will explore two potential avenues that may prevent removal of non-nationals with HIV/AIDS to countries with limited access to the necessary treatment. In the first instance consideration of Article 3 European Convention on Human Rights (ECHR) will be made with particular emphasis on mother and child claims. The second argument will examine the potential for refugee claims under Article 1A (2) Refugee Convention 1951 where an applicant may be able to demonstrate a well-founded fear of persecution because of membership to a particular social group. The authors will particularly emphasise the argument that in certain countries sufferers will experience ostracism and victimisation where its severity may amount to treatment contrary to Article 3 ECHR and persecution under the Refugee Convention. Vanessa Bettinson and Dr Alwyn Jones, senior lecturers, De Montfort University. The authors would like to thank Professor Tony Barnett at London School of Economics for his useful and invaluable thoughts and comments. We would also like to thank our colleague Gavin Dingwall and the students in our 2006/07 Immigration and Refugee Law seminars for their very helpful feedback.     

Contemporary Prevalence and Prevention of Micronutrient Deficiencies in Refugee Settings Worldwide

Scant research has been conducted that systematically evaluatesinterventions to reduce micronutrient deficiencies in refugeepopulations, despite documentation of considerable prevalenceand continued outbreaks of micronutrient deficiency among thesepopulations. Refugees are especially at-risk for micronutrientdeficiency given their circumstances of origin, current residentialenvironment, and typical dependence upon food aid. Interventionspromoting reduction of micronutrient deficiency in refugee settings,including food fortification and dietary diversification, arerarely systematically evaluated for impact in reducing micronutrientdeficiency in refugee populations. As a result, little is knownabout the most effective prevention strategies for reductionof micronutrient deficiency in refugees. In fact, evidence suggestsperhaps that nutritional interventions with demonstrated effectivenessin other populations and locales may not be readily adaptableto refugee situations. Sustainable prevention interventionsaimed at reducing micronutrient deficiency in refugee populationsneed to be implemented and tested systematically to create anevidence base for good practice.     

Folklore as a source for creating exile identity among Latvian Displaced Persons in post-World War II Germany

This article draws on archival and print materials produced by Latvian Displaced Persons during the years they lived in UNRRA refugee camps after World War II. Its focus is on the ‘how’ of their cultural production and identity formation in camps that were established to expedite repatriation but became instead contexts in which Latvians as social actors opposed the goals of authoritative others to endow experience with their own textual meanings. This essay demonstrates how they recontextualized a variety of folklore genres as flexible and powerful resources for addressing their existential crisis and for solidifying exile as the basis for living purposefully off the territory of ‘home.’     

Central coercion or local autonomy? A comparative analysis of policy instrument choice in refugee settlement policies

Although existing literature on central–local governance includes comprehensive studies on how constitutional and financial frameworks regulate local government autonomy, this study seeks explanations for the introduction or absence of central coercion within these frameworks. The analysis studies six processes of policy instrument choice with different outcomes in Norway, Denmark and Sweden in the field of refugee settlement. It finds that a uniform perception of crisis and political compromises make political parties abandon their political–ideological standpoints relating to central–local governance. Additionally, the success and failure of political strategies of obfuscation and of dividing the opposition help to explain the different outcomes. The study reveals differences in the political salience of central–local governance in three countries that have systematically been categorised in the same groups in central–local studies. Consequently, more studies on how and why local autonomy is regulated within national frameworks are necessary to understand the actual autonomy that local governments enjoy.     

The German Federal Election of 2017: How the Wedge Issue of Refugees and Migration Took the Shine off Chancellor Merkel and Transformed the Party System

The 2017 German federal election delivered dramatic electoral decline of the two traditional main parties, the Christian Democrats (CDU/CSU) and the Social Democratic Party (SPD), who had governed Germany in a ‘grand coalition’ government since 2013. The main reason for this outcome was the decision by Chancellor Angela Merkel to open Germany's borders for refugees and migrants, an unprecedented policy that abandoned border controls and remained in place between September 2015 and March 2016. This article focuses on how the refugee and migration problem subsequently turned into a wedge issue, splitting most German political parties and handing a major election victory to the main critics of Merkel's decision, namely the rightist Alternative for Germany (AfD) and the right‐wing liberals of the Free Democratic Party (FDP). Rather than explaining these developments in isolation, the article highlights how past welfare state retrenchment and fear over future economic prosperity make significant groups of the electorate, including former supporters of left‐of‐centre parties, lose confidence in the ability of the political system to deliver stability and social integration.     

How “godparents” are made for “unaccompanied refugee minors”: an ethnographic view into the training of future youth mentors

There are many qualitative studies on interactions and activities within mentoring, including on organizational processes. This article concentrates on one pivotal aspect regarding the “doings” of mentorship—the training of future voluntary mentors (known as "godparents") for separated young refugees in a pilot program. The underlying study looks at knowledge production in mentoring. The explorative research done in Austria started during the so-called refugee crisis in Europe in 2015. Using data from participant observation, the “triangle of godparenthood” is reconstructed as a core structure underlying the overall pilot program. Thus the ideal-type figures of the “family-like,” the “professional,” and the “committed contractual” godparent become visible. The interpretation discusses youth mentoring as a form of social problems work. Accordingly, the study shows how social protection is organized based on particular social problematizations and on the construction of voluntary mentors from civil society. The training “teaches” future mentors what kind of young people their counterparts are. It offers a problematization according to which particular “needs” are defined. This allows mentors to legitimize, rationalize, and moralize what is, in the end, a pedagogical approach. By relating the problematization to a personal level, the training provides future mentors with a particular idea and moral obligation regarding what they personally can be for those young people who are categorized as “unaccompanied refugee minors.”     

Researching Refugee Youth in the Middle East: Reflections on the Importance of Comparative Research

This paper reflects on the value of comparative anthropologicalresearch with refugee youth. It examines a participatory researchprogramme in eight field sites in the Middle East and NorthAfrica. While recognizing the importance of the specific socio-politicaland cultural context of the different field sites, it has beenpossible to uncover similarities among refugee youth that wouldhave been missed were it not for the exercise in comparison.What emerges from these findings, within research contexts whichwere viewed, by some, as unique and thus not comparable, arethematic similarities. Characteristic of many young people livingin situations of prolonged forced migration are issues of multipleand conflicting identities and ambivalence to transgressed places;activism; and engagement in activities independent of existinghumanitarian aid structures. Thus it can be seen that comparativestudies can draw out the features and qualities which transcendborders, local cultures and the humanitarian aid regime to displaythe traits in common among refugee youth.