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Migration, the State and Faith-Based Organizations de Dario Dzananovic

Migration, the State and Faith-Based Organizations: Immigration and Asylum Law and Policy in Europe, cartea 50

Autor Dario Dzananovic
en Limba Engleză Hardback – 22 sep 2021
Why do churches assist people without authorized residence even when the state prohibits and punishes such conduct? What does it mean for church-state relations when the church steps into the shoes (or perhaps on the feet) of the government? And are all levels of government on the same page when it comes to migration? These are just some of the questions that this book addresses.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
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Specificații

ISBN-13: 9789004467408
ISBN-10: 9004467408
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Immigration and Asylum Law and Policy in Europe

Cuprins

Abbreviations

Table of Cases

1Introduction
1 The Topic

2 Country Selection

3 Terminology

4 The Central Question

5 Methodology

6 Structure


part 1
Faith-Based Organizations
1 Introduction to Part 1

2The American Case
1 Introduction and Chapter Structure

2 Church Asylum in the United States
2.1Events Leading to the Birth of the Sanctuary Movement

2.2The Birth of the Sanctuary Movement

2.3The Government’s Response to the Sanctuary Movement

2.4The Situation Today


3 The Faith-Based Organizations
3.1Southside Presbyterian Church

3.2The Clerics of Saint Viator (or Viatorians)

3.3The Resurrection Project (trp)

3.4Chicago Religious Task Force on Central America (crtf)

3.5Wellington Avenue United Church of Christ (waucc)

3.6Lake Street Church of Evanston

3.7City Church Chicago (ccc)

3.8Lincoln United Methodist Church (lumc)

3.9Lincoln Park Presbyterian Church (lppc)


4 Motivations and Limitations Relevant to the Decision-Making Process
4.1Motivations

4.2Limitations

4.3The Importance of Considering the Motivations and Limitations Holistically


5 Conclusions


3The Dutch Case
1 Introduction and Chapter Structure

2 Church Asylum in the Netherlands
2.1Conditions for Granting Church Asylum

2.2Church Asylum before the Aliens Act 2000

2.3Church Asylum (and More) after Promulgation of the Linking Act

2.4The Situation Late 2019


3 The Faith-Based Organizations
3.1Vluchtelingen in de Knel

3.2VLotteam (Raft Team)

3.3Justice and Peace Netherlands

3.4Toevlucht (Refuge)

3.5Stem van de Goede Herder (Voice of the Good Shepherd)

3.6Roman Catholic Diocese of ‘s-Hertogenbosch

3.7Volle Evangelie Gemeenten Leiden (Full Gospel Church of Leiden)

3.8De Vuurhaard (The Hearth)

3.9Wereldhuis (Worldhouse)

3.10The Protestant Church in the Netherlands (pcn)

3.11Internationaal Netwerk van Lokale Initiatieven met Asielzoekers (inlia) (International Network of Local Initiatives with Asylum Seekers)


4 Motivations and Limitations Relevant to the Decision-Making Process
4.1Motivations

4.2Limitations

4.3The Importance of Considering the Motivations and Limitations Holistically


5 Conclusions


4The American and Dutch Cases Compared
1 Introduction and Chapter Structure

2 Models of Church–State Relations

3 Disaggregation of Church and State
3.1Disaggregation of the State

3.2Disaggregation of the Church


4 The Dynamic Nature of Church–State Relations
4.1Motivations

4.2Limitations


5 Conclusions


part 2
Subfederal and Municipal Governments
1 Introduction to Part 2

5The Subfederal-Federal Divide in the United States
1 Introduction and Chapter Structure

2 The Basics of Governance and Immigration in the United States

3 The Development of the Conflict
3.1The Time before Defunding Litigation

3.2The Executive Branch Attempts to Defund Sanctuary Jurisdictions

3.3Sanctuary Jurisdictions Respond by Filing Suit

3.4The Executive Branch (Again) Attempts to Defund Sanctuary Jurisdictions

3.5Sanctuary Jurisdictions (Again) Respond by Filing Suit

3.6ice and doj Team Up Against Sanctuary Jurisdictions

3.7Another Round of ice Raids


4 Arguments
4.1Arguments in Litigation

4.2Arguments outside of Litigation


5 Conclusions


6The Municipal-Central Divide in the Netherlands
1 Introduction and Chapter Structure

2 The Basics of Governance and Immigration in the Netherlands
2.1The National Level

2.2The Municipal Level and the vng


3 The Development of the Conflict: The Linking Act of 1998 to the lvv Scheme of 2018
3.1The Linking Act and Aliens Act 2000

3.2The vng and Central Government’s Agreement Granting a Pardon

3.3cec v. the Netherlands

3.4The Central Appeals Tribunal Weighs In

3.5The Committee of Ministers’ (In)Decision

3.6Landmark Decisions of November 2015

3.7The Central Government Cuts off Funding

3.8The vng and Central Government Reach an Agreement: The lvv Scheme

3.9Summary


4 Arguments
4.1The (Municipal) Duty of Care

4.2Duty to Maintain the Public Order

4.3Municipal Autonomy

4.4Legitimacy

4.5Christian Political Parties in the Netherlands


5 Conclusions


7The American and Dutch Cases Compared
1 Introduction and Chapter Structure

2 The Roles of Governments and Faith-Based Organizations
2.1The Subfederal and Municipal Governments

2.2Faith-Based Organizations

2.3Summary


3 Arguments
3.1The Limited(?) Influence of Religious Arguments

3.2Supranational Law

3.3Substantive Arguments

3.4The Question of Jurisdiction


4 Assistance Networks

5 Conclusions


part 3
Conclusions and a New Framework of Resolution
8Conclusions and a New Framework of Resolution
1 Introduction and Chapter Structure

2 Conclusions on the Central Question and Sub-Questions
2.1Equality, Solidarity, and Liberty

2.2Visibility and Recognition of Christianity

2.3fbos and Subfederal/Municipal Governments as Irregular Actors in Immigration

2.4Assistance as a Network Process


3 Church–State Relations

4 Frameworks of Resolution
4.1Introduction

4.2Existing Frameworks

4.3The Argument in Favor of a Specific Religious Freedom Guarantee

4.4The Argument against a Specific Religious Freedom Guarantee

4.5A Third Approach

4.6The Third Approach Applied


5 Concluding Remarks


Appendix

Bibliography

Index

Notă biografică

Dr. Dzananovic completed his undergraduate studies (B.A. German and International Studies, 2011) and legal professional degree (J.D., 2014) in the United States, and defended his LL.M. (2014) and Ph.D. (2020) degrees at Radboud University Nijmegen in the Netherlands.