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A different kind of hope: Persons living without status, Canadian immigration law and the prospect of regularization

Posted on:2010-02-25Degree:LL.MType:Thesis
University:York University (Canada)Candidate:Tataryn, AnastasiaFull Text:PDF
GTID:2446390002486250Subject:Law
Abstract/Summary:
The criminalization of migration has increased dramatically in the twenty-first century. In Canada, migrants deemed "illegal" are those found not to fit into existing categories of the Immigration and Refugee Protection Act.1 This thesis examines persons without legal immigration status in relation to Canadian immigration law and policy, and conditions of migration that result in persons staying in Canada regardless of legal status.;1Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA]; Catherine Dauvergne, Making People Illegal (New York: Cambridge University Press, 2008).;To address persons without legal status, the government of Canada has demonstrated three policy options: removal, ignoring and regularization. Regularization programs remain in demand by immigration advocacy groups. This thesis considers whether regularization programs are sufficient. This analysis is carried out with attention to immigration law since 1960, current policies, and select qualitative interviews with persons without legal status. Subsequently, new approaches to immigration law and policy will be considered, as well as Canada's national ethos as a nation receptive to immigrants and refugees.
Keywords/Search Tags:Immigration law, Persons, Status, Canada, Regularization
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