Migration, the State and Faith-Based Organizations

Series: 

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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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.
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
 2.1  Events Leading to the Birth of the Sanctuary Movement

 2.2  The Birth of the Sanctuary Movement

 2.3  The Government’s Response to the Sanctuary Movement

 2.4  The Situation Today


 3 The Faith-Based Organizations
 3.1  Southside Presbyterian Church

 3.2  The Clerics of Saint Viator (or Viatorians)

 3.3  The Resurrection Project (trp)

 3.4  Chicago Religious Task Force on Central America (crtf)

 3.5  Wellington Avenue United Church of Christ (waucc)

 3.6  Lake Street Church of Evanston

 3.7  City Church Chicago (ccc)

 3.8  Lincoln United Methodist Church (lumc)

 3.9  Lincoln Park Presbyterian Church (lppc)


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

 4.2  Limitations

 4.3  The Importance of Considering the Motivations and Limitations Holistically


 5 Conclusions


3The Dutch Case
 1 Introduction and Chapter Structure

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

 2.2  Church Asylum before the Aliens Act 2000

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

 2.4  The Situation Late 2019


 3 The Faith-Based Organizations
 3.1  Vluchtelingen in de Knel

 3.2  VLotteam (Raft Team)

 3.3  Justice and Peace Netherlands

 3.4  Toevlucht (Refuge)

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

 3.6  Roman Catholic Diocese of ‘s-Hertogenbosch

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

 3.8  De Vuurhaard (The Hearth)

 3.9  Wereldhuis (Worldhouse)

 3.10  The Protestant Church in the Netherlands (pcn)

 3.11  Internationaal 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
 4.1  Motivations

 4.2  Limitations

 4.3  The 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
 3.1  Disaggregation of the State

 3.2  Disaggregation of the Church


 4 The Dynamic Nature of Church–State Relations
 4.1  Motivations

 4.2  Limitations


 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
 3.1  The Time before Defunding Litigation

 3.2  The Executive Branch Attempts to Defund Sanctuary Jurisdictions

 3.3  Sanctuary Jurisdictions Respond by Filing Suit

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

 3.5  Sanctuary Jurisdictions (Again) Respond by Filing Suit

 3.6  ice and doj Team Up Against Sanctuary Jurisdictions

 3.7  Another Round of ice Raids


 4 Arguments
 4.1  Arguments in Litigation

 4.2  Arguments 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
 2.1  The National Level

 2.2  The Municipal Level and the vng


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

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

 3.3  cec v. the Netherlands

 3.4  The Central Appeals Tribunal Weighs In

 3.5  The Committee of Ministers’ (In)Decision

 3.6  Landmark Decisions of November 2015

 3.7  The Central Government Cuts off Funding

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

 3.9  Summary


 4 Arguments
 4.1  The (Municipal) Duty of Care

 4.2  Duty to Maintain the Public Order

 4.3  Municipal Autonomy

 4.4  Legitimacy

 4.5  Christian 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
 2.1  The Subfederal and Municipal Governments

 2.2  Faith-Based Organizations

 2.3  Summary


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

 3.2  Supranational Law

 3.3  Substantive Arguments

 3.4  The 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
 2.1  Equality, Solidarity, and Liberty

 2.2  Visibility and Recognition of Christianity

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

 2.4  Assistance as a Network Process


 3 Church–State Relations

 4 Frameworks of Resolution
 4.1  Introduction

 4.2  Existing Frameworks

 4.3  The Argument in Favor of a Specific Religious Freedom Guarantee

 4.4  The Argument against a Specific Religious Freedom Guarantee

 4.5  A Third Approach

 4.6  The Third Approach Applied


 5 Concluding Remarks


Appendix

Bibliography

Index

Academics from multiple disciplines (socio-legal studies, comparative law), public interest lawyers, and civil society in general.