Quiroga 1

Gael Quiroga

ENGL 1302-231

Dr. Nelson

9 February 2023

Asylum and Immigration: An Annotated Bibliography Draft 1

Arnold, Paulina D. “How Immigration Detention Became Exceptional.” Stanford Law Review,

vol. 75, 2023, pp. 261-333. Academic Search Complete.

Arnold's goal is to challenge the idea that immigration detention exceptionalism is

historically accurate and highlight how understanding history is essential to getting the

law right (265). Arnold's article is divided into five parts. In the first part, he explains

how civil confinement was justified, including the court approval processes required to

detain individuals. The second part describes how federal immigration detention came

about and how it originated from immigrants confined in state facilities (281). The third

part discusses how Japanese Americans were subjected to civil confinement based on

dangerousness during World War II. The fourth part details the procedures for civil

confinement laws for immigrants (315). Finally, in part five, Arnold explains the

reasoning behind federal courts' decisions on civil confinement laws and how lower

courts handle immigration detention. Arnold argues that immigration detention has

received exceptional treatment in constitutional scrutiny due to a historical

misinterpretation. (332). It suggests that in the past, immigration detention faced criticism

as the first target of reevaluation during a period of questioning mass confinement

practices (333). This article will help me with my paper due to its explanation of the

history of immigration.
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Granhag, Par Andres, et al. “Granting Asylum or Not? Migration Board Personnel's Beliefs

about Deception.” Journal of Ethnic & Migration Studies, vol. 31, 2005, pp. 29-50.

Academic Search Complete, DOI:10.1080/1369183042000305672

Granhag et al. examines the perceptions and beliefs regarding deception held by the

individuals working in the Swedish Migration Board concerning asylum cases (29).

Before researching, Granhag et al. suggested that the Feedback Hypothesis of on-the-job

experience did not improve lie detection capability (30). Another critical finding was

accuracy in lie detection was lower for people from different ethnic backgrounds (31-32).

The study compared the deception cues beliefs held by MB personnel and university

students to identify possible differences. Additionally, the study sought to align these

beliefs assess the level of agreement within the group (33). Then, explore the MB

personnel's perception of the challenges while detecting deception and their strategies for

judging truthfulness. (34). The researchers found that MB personnel acknowledged

credibility as a challenge in asylum decision-making (45). They concluded that one-third

of MB personnel lack a process to distinguish between truth-tellers and liars, highlighting

a potential need for strategies in deception detection training (46). MB officers made

inconsistent decisions about asylum-seekers' integrity during interviews, indicating a

possible lack of standard procedures and proper training in investigative interviewing

techniques (47). This paper's demonstration of the asylum process's inaccuracy in telling

if someone is lying will help me since it shows inconsistent judgment.

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Hasson, Robert G, et al. “Patchwork of promises: A critical analysis of immigration policies

for unaccompanied undocumented children in the United States.” Child & Family Social

Work, vol. 24, 2019, pp. 275-282. Academic Search Complete, DOI:10.1111/cfs.12612

Hasson et al. start their article by noting that the number of unaccompanied

undocumented children has increased since 2014. The majority of children coming to the

U.S./Mexico border are from the Northern Triangle nations, namely Guatemala, El

Salvador, and Honduras (275). The entirety of the article focuses on identifying the

challenges and gaps in existing U.S. immigration policies for unaccompanied children

and promotes the need for reform. Throughout their article, Hasson et al. provide a

comprehensive historical review and development of immigration policies to support

unaccompanied migrant children (276-277). Hasson et al. shine light on the fact that there

are gaps and areas for growth in the immigration policies for unaccompanied

undocumented children (280). An area of concern is the traumatic experience faced by

many unaccompanied children at the U.S. border, where they are separated from their

families (280). He demonstrates how this is a policy gap since current U.S. immigration

policies lack comprehensive support for children who have gone through this trauma.

(280-281). This article will assist me with my paper due to its explanation of U.S.

immigration policies and suggestions for reform.

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Hsin, Amy, and Sofya Aptekar. “The Violence of Asylum: The Case of Undocumented

Chinese Migration to the United States.” Social Forces, vol. 100, pp. 1195-1217.

Academic Search Complete, DOI:10.1093/sf/soab032

According to a review of literature by Hsin and Apetkar, undocumented Chinese

individuals and Latinx share similar experiences related to illegal migration. The

researchers examined the legal violence experienced by these groups and identified the

overlapping and different components. They found that New York City has the highest

number of undocumented migrants in the United States (1195). Additionally, Chinese

migrants constitute the second-largest undocumented group in New York (1196). Hsin

and Apetkar conducted interviews and observations and demonstrated how U.S.

immigration strategies impact the lives of migrants in broader ways (1196-1198). The

concept of legal violence is introduced to better understand the complex challenges a

group often overlooked in migration studies faces. They also highlight Asylum seekers

face high stakes, including debt, uncertainty, and deportation risk, despite having more

opportunities (1207). This article will help me with my research by providing data on

immigration numbers and explaining how U.S. immigration strategies impact the lives of

migrants.

Lamneck, Claire, et al. “Assessment of immigration law enforcement presence in a teaching

hospital along the US/Mexico border.” International Journal for Equity in Health,

vol. 22, 2023, pp. 1-12. Academic Search Complete, DOI:10.1186/s12939-023-01934-2

Lamneck et al. introduce their study by giving background information on the rising

number of migrants who cross the US-Mexico Border. He explains the migration surge
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has led to healthcare and trauma-related injuries. Immigration law enforcement (ILE)

agents lack sufficient patient care in hospitals. The study aims to investigate the impact of

ILE officials on hospital provider experiences and patient care (2). Lamneck et al.

conducted a cross-sectional survey at the Joint Commission, assessing respondents'

experience helping patients under ILE custody. The survey focused on the relationship

between ILE officers, respondents, patients, and hospital personnel, defined as

cooperation, prompt information provision, and leaving the room when asked (3). The

survey revealed that over 90% of caregivers attended to at least one patient in ILE

custody during the past year. Additionally, 34.9% of caregivers cared for more than

eleven detainees in the same period (5). Lamneck et al. conclude their paper by proposing

using their findings to develop hospital policies and legal standards for caring for patients

in immigration law enforcement custody (11). This article fits my research since it

explains how ILE agents affect migrants.

Luzuriaga, Edison Joselito Naranjo, et al. “Neutrosophic Evaluation of Eligibility Variables in

Asylum and Immigration Processes.” Neutrosophic Sets & Systems, vol. 62, 2023, pp.

327-335. Academic Search Complete.

Luzuriaga et al. evaluate the variable involved in individuals' eligibility for asylum

requests and immigration processes using neutrosophic logic in the context of the

DEMATEL (Decision-Making Trial and Evaluation Laboratory) method (328). The

authors explain that DEMATEL is "widely used in multi-criteria decision-making to

analyze causal relationships between different factors or criteria" (328). This study aims

to improve the decision-making processes of asylum and immigration by balancing

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applicants' needs with recipient countries' interests. The study utilizes semi-structured

interviews and a brainstorming process to identify ten key variables that influence

eligibility in the asylum and immigration process (330-331). Luzuriaga et al. employ a

variable scoring scale to address uncertainties and evaluate the impact of the variables

(332). The study successfully used the DEMATEL method with neutrosophic logic,

resulting in a stronger structure and a more profound understanding of the relations

between the factors involved. This paper demonstrates the asylum process's inaccuracy

and shows how they can improve the decision-making processes of asylum and

immigration.

Shiff, Talia. “Regulating organizational ambiguity: unsettled screening categories and the making

of US asylum policy.” Journal of Ethnic & Migration Studies, vol. 48, 2022, pp. 1802-

1820. Academic Search Complete, DOI:10.1080/1369183X.2019.1696669

Shiff studies the use of the PSG (Particular Social Group) category during the shift from

the Cold War to the post-Cold War era. This period saw an increased focus on human

rights and more immigrants, which raised worries about national security and border

control (1803). For this study, Shiff interviewed thirty asylum officers and fifteen

immigration attorneys between 2016 and 2017. Additionally, interviews were conducted

with Paul Wickham Schmidt, the former Chairman of the Board of Immigration Appeals,

Immigration Judge Bruce Einhorn, and León Rodríguez, the former Director of U.S.

Citizen and Immigration Services (1804). According to the study, institutions can be

transformed by taking advantage of the inherent ambiguity of the PSG category, even

though there have been attempts to restrict its application. Organizational limitations that
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attempt to regulate this ambiguity make it difficult to implement a definition of refugees

based on humanitarian principles (1815-1816). This highlights the ongoing conflicts

between competing institutional ideologies within the modern asylum system (1816-

1817). This article will help me with my research because it explains how all immigration

systems have different ideas on how the process should work.

Tudor, Florin. “FINANCIAL SOLIDARITY – A STRUCTURED APPROACH TO THE

COMPLEX ISSUE OF THE MIGRATION PHENOMENON.” Contemporary Readings

in Law & Social Justice, vol. 6, 2014, pp. 210-216. Academic Search Complete.

Tudor explores the evolving motivation of immigrants seeking international protection,

observing a change in focus from merely avoiding armed conflict and widespread

bloodshed to rising concern for socioeconomic integration, living standards, and the

environment (210). The study supports governments in expediting legal procedures and

integrating immigrants and asylum seekers. It combines sociological theories, legal

analysis, official statistics, asylum-seek interviews, and case documentation (211). Tudor

offers a viewpoint on the immigration and asylum policies of nations. The United

Kingdom's recent policies towards refugees, particularly asylum seekers, have been

hostile and restrictive (213). In 2009, the UK became hesitant to provide Afghan refugees

with subsidiary protection due to a bleak legislative climate (214). Sweden and Norway,

despite their state-sponsored integration assistance, need help with poor living standards,

high unemployment rates, and an excessive representation of refugees in low-paying

sectors (214-215). He believes these issues have sparked debates on the effectiveness of

integration policies. The author stresses collaboration among resources to support

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integrated reception with personalized guidance for social integration. This will help my

paper due to its beliefs on how immigrants should go through an easier legal process.

Vaisman-Tzachor, Reuben. “PSYCHOLOGICAL ASSESSMENT PROTOCOL FOR

ASYLUM APPLICATIONS IN FEDERAL IMMIGRATION COURTS.” Annals of

Psychotherapy & Integrative Health, 2014, pp. 34-51. Academic Search Complete.

In his article, Vaisman-Tzachor explains the United States' history of helping those in

need. The country was founded by immigrants who fled persecution, and legal actions

such as the passage of UN (United Nations) treaties have strengthened asylum legislation

over time (36). These actions have highlighted humanitarian ideals and defended

migrants (37). Vaisman-Tzachor emphasizes the need for accurate psychiatric evaluations

when assessing asylum claims. He uses psychological evaluations to use objective

viewpoints, ethical considerations, and careful instrument selection to support allegations

of persecution (41-43). According to Vaisman-Tzachor, Forensic psychologists provide

expert opinions on various aspects of an asylum seeker's case, including motive,

authenticity of fears, persecution allegations, psychological impact, and potential

outcomes (44-45). He discusses ethical challenges in forensic psychology during asylum

cases, emphasizing the importance of impartiality and careful assessment to avoid ethical

pitfalls (46). Vaisman-Tzachor concludes that experts should maintain impartiality and

provide clear recommendations in their reports (46-47). This article helps my paper since

it provides valuable information and perspective on asylum policies.

Zabuta, Jason. “IS THERE A SAFE HAVEN FOR ASYLEES ELSEWHERE? ASSESSING

THE INTERNATIONAL LEGAL IMPLICATIONS OF TRUMP-ERA REMOVAL

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PRACTICES.” Harvard Latin American Law Review, vol. 25, 2022, pp. 81-123.

Academic Search Complete.

In this legal analysis, Zabuta reviews two immigration regulations from the Trump era:

the Third Country Asylum Rule and the Central American Asylum Cooperative

Agreements (ACAs) (82). He argues that by risking refoulement, reintroducing these

practices may be illegal under international law (85-86). While the ACAs violated non-

refoulement obligations, the government still has the authority to limit asylum

applications in specific situations (87). Therefore, the author suggests that U.S. courts

evaluate immigration policies by considering international law norms (88-89). He focuses

on two Trump administration policies and argues that they violate asylum laws and non-

refoulement commitments (90). Zabuta explains that the courts should consider

international precedents. The Sale v. Haitian Centers Council case questions the Supreme

Court's territorial restrictions (91-92). Zabuta concludes that international and

congressional objectives should guide immigration laws, but the right against

refoulement has been gradually restricted (119). Political factors have resulted in a

reluctance to grant asylum, particularly during President Trump's term (120). Using this

article will help me better understand the complexities of immigration law and policy.