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The US and UK have recently announced dramatic new border policies intended to deter the arrival of asylum-seekers. The Biden Administration will, with limited exceptions, deny migrants the opportunity to apply for asylum if they have passed through another country on their way to the US. Prime Minister Rishi Sunak's "no small boats" policy would summarily return asylum-seekers to their home country or a designated "safe" third country. Are the proposed measures consistent with international refugee law? Will they accomplish their goals? Are there alternative policies that would both better protect the right to asylum and manage unauthorized flows? Will the new US and UK proposals spur a global "race to the bottom" of hardened borders?
Doris Meissner (Migration Policy Institute, Washington, D.C.) and David Cantor (Refugee Law Initiative, University of London) will discuss the recent asylum policy announcements in a conversation moderated by Zolberg Institute Director Alex Aleinikoff.
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Director, Refugee Law Initiative
Professor of Refugee Protection and Forced Migration Studies
School of Advanced Study, University of London
Professor David James Cantor is the founding Director of the Refugee Law Initiative (RLI) and its Internal Displacement Research Programme at the School of Advanced Study, University of London, where he is Professor of Refugee Protection and Forced Migration Studies.
Trained originally as a social anthropologist, David worked as a practitioner in the legal field during the 2000s for organisations such as the Refugee Legal Centre, a London-based public law centre where he litigated refugee and human rights cases until 2007, and UNHCR. In a consultancy capacity, he has advised, trained and undertaken research for over fifteen governments mostly from the global south, as well as numerous INGOs and northern and southern NGOs. During 2016-17, David was seconded as a Principal Advisor to the UNHCR Americas Bureau.
David’s research has a strong legal and policy focus that covers the protection of refugees and internally displaced persons. He has a long-standing fascination with Latin America, where he has carried out fieldwork since 1998 in Colombia, Ecuador, Venezuela, Panama, Honduras, Guatemala, El Salvador, Costa Rica, Argentina, Brazil, Chile, Uruguay and Mexico. Since 2010, he has published five books, five special issues and 40 journal articles and book chapters. His work won the Times Higher Education Research Project of the Year 2017-18.
Alongside setting up the RLI and its Internal Displacement Research Programme, he co-founded the International Refugee Law book series (where he remains editor-in-chief), the distance-learning MA in Refugee Protection and Forced Migration Studies, the University of London Refugee Law Clinic and the Researching Internal Displacement platform. He is Editor-in-Chief of the OUP Refugee Survey Quarterly journal.
Doris Meissner, former Commissioner of the U.S. Immigration and Naturalization Service (INS), is a Senior Fellow at MPI, where she directs the Institute’s U.S. immigration policy work.
Her responsibilities focus in particular on the role of immigration in America’s future and on administering the nation’s immigration laws, systems, and government agencies. Her work and expertise also include immigration and politics, immigration enforcement, border control, cooperation with other countries, and immigration and national security. She has authored and coauthored numerous reports, articles, and op-eds and is frequently quoted in the media. She served as Director of MPI's Independent Task Force on Immigration and America's Future, a bipartisan group of distinguished leaders. The group's report and recommendations address how to harness the advantages of immigration for a 21st century economy and society.
From 1993-2000, she served in the Clinton administration as Commissioner of the INS, then a bureau in the U.S. Department of Justice. Her accomplishments included reforming the nation's asylum system; creating new strategies for managing U.S. borders; improving naturalization and other services for immigrants; shaping new responses to migration and humanitarian emergencies; strengthening cooperation and joint initiatives with Mexico, Canada, and other countries; and managing growth that doubled the agency’s personnel and tripled its budget.
She first joined the Justice Department in 1973 as a White House Fellow and Special Assistant to the Attorney General. She served in various senior policy posts until 1981, when she became Acting Commissioner of the INS and then Executive Associate Commissioner, the third-ranking post in the agency. In 1986, she joined the Carnegie Endowment for International Peace as a Senior Associate. Ms. Meissner created the Endowment's Immigration Policy Project, which evolved into the Migration Policy Institute in 2001.
Ms. Meissner is Vice Chair of the board of trustees of the Wisconsin Alumni Research Foundation. She is a member of the Council on Foreign Relations, the Inter-American Dialogue, the Pacific Council on International Diplomacy, the National Academy of Public Administration, the Administrative Conference of the United States, and the Constitution Society. She is also a member of the Zolberg Institute Advisory Board.
T. Alexander Aleinikoff is University Professor, and has served as Director of the Zolberg Institute since January 2017. He received a J.D. from the Yale Law School and a B.A. from Swarthmore College.
Alex has written widely in the areas of immigration and refugee law and policy, transnational law, citizenship, race, and constitutional law. He recently published a book titled The Arc of Protection: Reforming the International Refugee Regime, which he co-authored with Leah Zamore. His book Semblances of Sovereignty: The Constitution, the State, and American Citizenship was published by Harvard University Press in 2002. Alex is a co-author of leading legal casebooks on immigration law and forced migration.
Before coming to The New School, Alex served as United Nations Deputy High Commissioner for Refugees (2010-15) and was a professor at Georgetown University Law Center, where he also served as dean and Executive Vice President of Georgetown University. He was co-chair of the Immigration Task Force for President Barack Obama’s transition team in 2008. From 1994 to 1997, he served as the general counsel, and then executive associate commissioner for programs, at the Immigration and Naturalization Service (INS).
Alex was inducted into the American Academy of Arts of Sciences in 2014.
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