Grassroots asylum and legal strategies : a case study of the US sanctuary movement

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Abstract

This article introduces the concept of ‘grassroots asylum’ to describe a long tradition of offering spaces of protection beyond the sphere of sovereign law. This concept is deployed in contrast to the framework of international refugee law, which is commonly understood to be humanitarian in nature, and yet which inhibits the ability of most forced migrants to gain asylum. The central argument of this article is that the failure to question many of the underlying assumptions about international refugee law can end up compromising the aims of grassroots asylum, and reinforces many of the legal paradigms that divide the ‘deserving’ from the ‘undeserving’ migrant. To illustrate the conflict between these two paradigms we examine some of the experiences of the US Sanctuary Movement.

Item Type: Journal Article
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: Birkbeck Law Review
Publisher: Birkbeck Law Review Trust
ISSN: 2052-1308
Official Date: December 2015
Dates:
Date
Event
December 2015
Published
16 February 2015
Accepted
Volume: 3
Number: 2
Page Range: pp. 200-221
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons open licence)
URI: https://wrap.warwick.ac.uk/169498/

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