Search results

The immigration conundrum to craft policy that ensures border security and safeguards human rights is grave and complex. Individuals fleeing religious persecution made finding refuge part of our heritage since colonial times. This American tradition has enshrined our values to the world. This essay is limited to summarizing the asylum process and recent events through the summer of 2018 which affect it. Policy changes are ongoing. The asylum process is complicated by illegal immigration. The surge in migrants arriving at and/or crossing the border has led to controversial policies over the years. Unlike those who illegally cross the border and remain unknown to law enforcement, everyone who makes an affirmative asylum claim to a United States Citizenship and Immigration Services (USCIS) officer, or a defensive asylum claim in immigration court, has been thoroughly vetted through identity, criminality, and terrorism background checks. Granting refuge to those fleeing persecution reaffirms the values of a country that is, as Lincoln richly stated, the last best hope of Earth. Comprehensive immigration reform is needed on many immigration issues, two of which are to ensure border security and safeguard the asylum-seeking process.

Several recent statistical analyses provide overwhelming evidence for substantial injustice in immigration court decisions. Writers also explored the data for evidence of bias. Several ended with recommendations for more legal training for judges and more professional appellate review. These recommendations assume that the problem is in the interpretation of the law and conduct of the trial. My own experience has been that there is actually a greater problem in the interpretation of facts, at several levels. Courts provide for translators, but merely verbal translation is not enough. Cultural translation is required. In this chapter I illustrate what cultural translation is with instances from five different asylum cases that I have been involved in as an expert witness. I conclude with recommendations to support better use of this kind of information.

This chapter explores the multiple boundaries traversed and accompanying acts of translation entailed in the provision of expertise by anthropologists. The chapter begins with an overview of the asylum process, the criteria constituting persecution, and a description of the bureaucracy and procedures by which asylum is determined. The role of expert witness is then introduced with a focus on the rules of federal evidence that paved the way for greater anthropological involvement in the provision of expertise. The next section reviews some of the extant ethnographic literature to date on the asylum process, highlighting the role of dissonance as a recurrent theme in two different respects: the dissonance that occurs between the asylum applicant and the legal setting, and the dissonance that is created between the asylee and his or her body in the aftermath of trauma. The crafting of the affidavit is then analyzed to illustrate the boundary crossings and acts of translation involved in the appraisal and understanding of asylum, including the traversal of difference in scale, temporality, and the construction of social reality, particularly those espoused by anthropology and law. I suggest that contributing to the protection of human rights through the provision of expert witness is a necessary and mutually beneficial collaboration whereby anthropological evidence, insight, and knowledge provide positive content to legal rights. I conclude that anthropologists are uniquely well qualified in the interlocution of persecution, likening the provision of expertise to fieldwork, as a series of border crossings and acts of translation.

This chapter documents the process of conducting research as an anthropological expert witness to provide evidentiary proof of a well-founded fear of persecution on account of “race” among Chinese Indonesian asylum seekers in the United States. The research employed detailed oral history interviews supplemented by ethnographic information on names, kinship terminologies, and rituals honoring the dead to reconcile the dilemma of verifying cultural identity without essentializing Chinese culture. It also employed the theory of racialization to account for persecution based on “race” according to the 1951 Refugee Convention while recognizing the social science convention of viewing “race” as socially constructed.

This paper aims to better understand why neoliberal governance is so resilient to the crises that frequently affect all or part of the economy.

The argument of this paper relies on a macroanalysis of discourses surrounding the Global Financial Crisis.

Drawing on Girard and Foucault’s work, this paper argues that the resilience of neoliberalism partly ensues from the proclivity of this mode of governing to foster, for reasons that this paper seeks to highlight, spontaneous and widespread processes of scapegoating in times of turmoil. As a consequence of these processes, crises often are collectively construed as resulting from frauds: the blame is focused on specific actors whose lack of morality is denounced, and this individualizing line of interpretation protects the regime from systemic questioning.

Particular actors, rather than the system itself, are made accountable when things go wrong. Consequences are paramount. Today’s political economy is characterized with a proclivity toward social reproduction. While substantive change is possible in theory, considerable challenges are involved in practice in overcoming the dominance of neoliberalism in society.

Although Girard’s work has exerted significant influence over a number of disciplines in the social sciences, his ideas have not yet been widely used in governance and accountability-related research. Anthropological theorizations – such as those proposed by Girard – are valuable in providing us with a sense of how power develops in the economy.

Taking conflict personally (TCP) is conceptualized as a negative emotional personalization of conflict episodes. Here, individuals' TCP levels were examined in relationship to both their own conflict management styles and their perceptions of supervisors' conflict management styles. Results indicate that one's TCP levels are associated with one's own preferred conflict management style, with supervisor's perceived conflict style, and with satisfaction with supervisor.

This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.

The word witch conjures up a black-cloaked figure with a pointed hat flying on a broomstick, often with green skin and a hooked nose: the epitome of feminine evil. Although this version of witches was popularised in The Wizard of Oz (1939) and commercialised in mid-twentieth-century North American Halloween costumes, conjecture is that it originated from the slightly greenish hue of applying botanical remedies, or the appearance of witches who had endured bruising and painful torture. During the height of the European witch hunts (about 1450–1750, with the greatest intensity 1550–1650), an estimated 40,000–60,000 witches were executed (Levack, 1987). Although some men factored into this death toll, estimates are that 75–80% of witches executed were women (Gibbons, 1998). Fear and persecution of witches exists globally, dating to Ancient Rome, but the more systematic purges were the result of complex forces, including rapid social and economic changes of the Early Modern era, the Reformation, the Little Ice Age and the Plague (Federici, 2014; Golden, 2006). Those perceived as witches, often impoverished, older, single women, were easy scapegoats for society's ills.

In recent decades, the depth and accuracy of archival research into witch hysteria have improved. Drawing on this research, this chapter examines the place of witch persecutions in the contemporary context. Although people often recognise the injustice of these persecutions, few countries have granted legal pardons or erected memorials to their victims. Why is the acknowledgement of these injustices so slow coming? What fears about witches do we still harbour?