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Date: November 22, 2024 Fri
Time: 11:39 am
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Results for illegal migrants
22 results foundAuthor: de Coning, Eve Title: Transnational Organized Crime in the Fishing Industry. Focus on: Trafficking in Persons; Smuggling of Migrants; Illicit Drugs Trafficking Summary: The study posed the questions whether there is transnational organized crime and other criminal activity in the fishing industry and, if so, what the vulnerabilities of the fishing industry are to transnational organized crime or other criminal activity. The research took the form of a six-month desk review of available literature, supplemented by ad hoc consultations and a two-day expert consultation held in Vienna, Austria. Importantly the study did not set out to tarnish the fishing industry. Rather, the study sought to determine whether criminal activities take place within the fishing industry to the detriment of law-abiding fishers, the legitimate fishing industry, local fishing communities and the general public alike. The study considered the involvement of the fishing industry or the use of fishing vessels in trafficking in persons (Chapter 2); smuggling of migrants (Chapter 3); illicit traffic in drugs (Chapter 4); and other forms of crime such as marine living resource crime, corruption, and piracy and other security related crimes (Chapter 5). Details: Vienna: United Nations, 2011. 146p. Source: Internet Resource: accessed May 9, 2011 at: http://www.unodc.org/documents/human-trafficking/Issue_Paper_-_TOC_in_the_Fishing_Industry.pdf Year: 2011 Country: International URL: http://www.unodc.org/documents/human-trafficking/Issue_Paper_-_TOC_in_the_Fishing_Industry.pdf Shelf Number: 121659 Keywords: Child TraffickingDrug TraffickingForced LaborHuman TraffickingIllegal FishingIllegal MigrantsMaritime CrimeOffenses Against the EnvironmentOrganized CrimePirates/Piracy |
Author: The Children's Society (U.K.) Title: What Have I Done? The Experiences of Children and Families in UK Immigration Detention: Lessons to Learn Summary: This report examines the experiences of 32 families detained prior to the coalition’s pledge, in May 2010, to end the immigration detention of children. The research emphasises the importance of safeguarding issues around the use of immigration detention and the impact on children’s physical and emotional health. Some of the most shocking experiences, and those that the government should be most keen to avoid in future, include: •Children witnessing traumatic events, including hunger strikes and suicide attempts and the use of restraint on their parents. •High levels of stress, fear, confusion, and feelings of hopelessness and degradation experienced by family members in detention. •Many children did not eat, or lost weight, during detention. Families had medication removed upon arrival or missed important medical appointments as a consequence of detention. One child was detained for a second time despite suffering from post traumatic stress disorder after her first detention. •The majority of children experienced emotional distress during detention, including sleeplessness, nightmares and constant crying. •After release from detention, the majority of families experienced on-going and persistent effects on their mental and emotional health. The Children's Society is concerned that the UK Border Agency’s new pre-departure accommodation could replicate some of these experiences. Families can still be held for up to a week in ‘exceptional circumstances’. Questions about the potential impact on children of separating families during the returns process also remain. Recommendations in the report include: •There should be no attempts to split families in order to detain parents without their children. •For those families who will be held in pre-departure accommodation, the health and welfare of children should be monitored and the risks of harm carefully managed. •Asylum seekers should receive good quality legal advice earlier on in the process. •Children’s views should be taken into account on all issues that affect them. The Children's Society’s Chief Executive, Bob Reitemeier, said: 'The Children's Society is delighted that children will no longer be detained in Yarl’s Wood for long periods of time. The government has made progress so far by reducing the numbers of children detained and the length of detention since the pledge was made in May 2010. 'It remains to be seen how exactly the new arrangements will be used. We will be paying particular attention to whether detention in pre-departure accommodation will be used as a genuine last resort, for the shortest time possible, and in the most exceptional cases. It is not yet clear if it will be just another form of detention that harms children. Details: London: The Children's Society, 2011. 80p. Source: Internet Resource: Accessed May 17, 2011 at: http://www.childrenssociety.org.uk/sites/default/files/tcs/research_docs/immigration%20experiences_full%20report.pdf Year: 2011 Country: United Kingdom URL: http://www.childrenssociety.org.uk/sites/default/files/tcs/research_docs/immigration%20experiences_full%20report.pdf Shelf Number: 121730 Keywords: Illegal MigrantsImmigrant Detention, Children (U.K.)ImmigrationJuvenile Detention, Immigrants |
Author: United Nations Office on Drugs and Crime Title: Issue Paper: Smuggling of Migrants by Sea Summary: Smuggling of migrants is defined by Article 3 of the Migrant Smuggling Protocol supplementing the United Nations Transnational Organized Crime Convention (UNTOC), as “...the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national.” The specific nature of the sea‐based component of the smuggling journey resulted in a dedicated section on the issue in the Migrant Smuggling Protocol. While smuggling by sea accounts only for a small portion of overall migrant smuggling around the world, the particular dangers of irregular travel at sea make it a priority for response; though more migrant smuggling occurs by air, more deaths occur by sea. The journey of the migrant smuggled by sea often starts a significant distance away from the coast of departure. Some journeys to the coast may take mere days, but others can take place over years during which the migrant must work en route to raise money for his passage. Arduous desert crossings and victimization by smugglers and other criminals en route mean that some do not survive overland journeys to the coast. Contrasted with these extreme experiences, economically empowered migrants can afford a higher level of smuggling service and may experience no particular hardship, simply travelling through various international airport hubs toward the coastal country from where their sea journey commences. The type and size of vessel used to smuggle migrants by sea depends on the time, place and financial capacity of migrants undertaking the smuggling journey. In some countries, boats of only a handful of passengers are commonly intercepted by authorities, while in others vessels of several hundred people have been used. While voyages may be comfortable when conditions at sea are mild and the vessel is equipped with adequate food, water and sanitation, the journey is a harrowing one for the majority of migrants who report rough conditions, terrible cold and scarce food and water. The nature of the crime and its relationship with smuggling of migrants by land and by air means that it is a successful crime type that yields high profits for smugglers with all the risks being borne by migrants. Indeed, migrant smuggling by sea can be understood as a criminal business, which is competitively run as such. Smuggling by sea is generally carried out by flexible criminal groups or individuals operating on the basis of repeated contractual arrangements, rather than by hierarchical organizations. There are two methods used when vessels approach coasts of destination. One aims to reach land by evading detection by authorities, the other sets out to be detected and intercepted or rescued by authorities in territorial waters of destination coastal countries. In both situations, detecting smuggling vessels at sea is a key challenge for coastal states which may have limited resources and large search and rescue areas of responsibility. Upon detecting vessels, the key challenge is to balance objectives with obligations at international law, including the Migrant Smuggling Protocol. Smugglers are generally well‐informed about states’ protection obligations and act to exploit them, instructing migrants what to do upon interception to increase their chances of gaining entry into and remaining in countries of destination. For instance, officials responsible for intercepting vessels at sea have been faced with situations of people sabotaging their own vessels to force authorities to carry out rescues. Suggestions made in respect of encountering migrant smuggling at sea include Page 8 of 71 increased support of coastal states through joint patrols and provision of resources, and increased compliance with international legal standards and obligations in carrying out interceptions of smuggling vessels at sea. While responding to the situation at hand and ensuring that persons on board are appropriately assisted, a key challenge is to seize evidentiary opportunities to investigate smuggling‐related crimes. The complex nature of migrant smuggling networks and their modus operandi means that smugglers cannot be identified purely by looking to smugglers who may be on board boats; the transnational criminal network itself must be traced from a smuggling vessel, back to the coast of embarkation, and from there back to countries of transit and origin. Suggestions made for improved investigation and prosecution of migrant smuggling by sea include harmonizing domestic legislation with the UNTOC and the Migrant Smuggling Protocol. Further it is suggested that sentences imposed for smuggling offences be publicized as a means of deterring would‐be smugglers. Capacity building measures are also suggested so as to increase identification of smugglers on vessels, and to better link sea‐based crimes with land‐based smugglers. Preventing migrant smuggling by sea requires states to balance their obligations in international law with their legitimate interests in protecting state sovereignty from violation by organized crime groups. But law enforcement efforts alone are not adequate to prevent migrant smuggling by sea; the Migrant Smuggling Protocol stresses that prevention efforts must address root causes that lead a person into the hands of smugglers in the first place. Suggestions made for preventing migrant smuggling at sea include raising awareness about the dangers of sea smuggling journeys and the criminality of smuggling. Suggestions are also made to raise awareness of those who influence political and policy decisions, so policies put in place protect state sovereignty, uphold international obligations, and are not vulnerable to exploitation by smugglers. Also emphasised is the responsibility of coastal states of departure to intercept smuggling vessels before they embark on sea journeys. Beyond this, comprehensive data collection, analysis and research are suggested to strengthen evidence‐based responses. Experts from countries of origin, transit and destination unanimously agree that the most essential ingredient for effective and comprehensive response to migrant smuggling by sea is strengthened international cooperation to remove areas of impunity for smugglers along smuggling routes. Suggestions made for cooperating in response to migrant smuggling at sea include aligning activities with the Migrant Smuggling Protocol and increasing the role of UNODC in facilitating cooperative response. The value of bilateral and regional cooperation arrangements is stressed, with emphasis on flexible cooperative networks for effective and efficient on‐the‐ground response. Regular coordination meetings and joint operations are suggested to improve strategic and operational interagency coordination, as is the empowerment of central designated authorities to address migrant smuggling by sea. In short, while it is difficult to make generalizations about migrant smuggling by sea, two key points hold true around the world. Firstly, migrant smuggling by sea is the most dangerous type of smuggling for the migrants concerned, making it a priority concern for State response. Secondly, efforts to combat smuggling of migrants will be unsuccessful unless cooperation is strengthened not only between countries of sea departure and arrival, but also among the countries of origin, transit and destination along the entire smuggling route. Details: Vienna: UNODC, 2011. 71p. Source: Internet Resource: Accessed January 17, 2012 at: http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Issue-Papers/Issue_Paper_-_Smuggling_of_Migrants_by_Sea.pdf Year: 2011 Country: International URL: http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Issue-Papers/Issue_Paper_-_Smuggling_of_Migrants_by_Sea.pdf Shelf Number: 123647 Keywords: Human SmugglingHuman TraffickingIllegal AliensIllegal MigrantsMaritime Crime |
Author: Zhang, Sheldon X. Title: Looking for a Hidden Population: Trafficking of Migrant Laborers in San Diego County Summary: Although labor trafficking has received much attention in recent years, there is limited empirical research into the depth, breadth, and scope of the problem. The scarcity of reliable estimates on labor trafficking activities has long caught the attention of major international organizations and government agencies. Both policy makers and advocacy groups recognize that anti-trafficking campaigns cannot gain much credibility without the support of empirical evidence, and more importantly, reliable statistical estimates. However, empirical research on labor trafficking is no easy undertaking. It is expensive and faces major methodological challenges. Taking advantage of recent advances in sampling methodology as well as unique access to unauthorized migrant workers in San Diego County through a partnership with a community organization, this study attempts to answer some of the basic questions confronting current anti-trafficking discourse. The overarching goal of collecting empirical data that can produce valid estimates on the scope of labor trafficking activities was divided into the following two objectives: 1. To provide statistically sound estimates of the prevalence of trafficking victimization among unauthorized migrant laborers in San Diego. 2. To investigate the types of trafficking victimization experienced by these laborers. Details: San Deigo, CA: San Diego State University, 2012. 155p. Source: Internet Resource: Accessed December 4, 2012 at: https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf Year: 2012 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf Shelf Number: 127118 Keywords: Bonded LaborHuman Trafficking (California, U.S.)Illegal MigrantsLabor TraffickingMigrant Labor |
Author: U.S. Immigration and CustomsEnforcement Title: Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens. Strategic Plan Summary: Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens (Secure Communities) is working with ICE senior leadership and offices, as well as the broader law enforcement community, to better identify criminal aliens, prioritize enforcement actions on those posing the greatest threat to public safety, and transform the entire criminal alien enforcement process. Through improved technology, continual data analysis, and timely information sharing with a broad range of law enforcement agency (LEA) partners, we are helping to protect communities across the country. This document outlines our goals, objectives, and our strategic approach to accomplishing them. Details: Wshington, DC: U.S. Immigration and Customs Enforcement, 2009. 28p. Source: Internet Resource: Accessed April 9, 2013 at: http://epic.org/privacy/secure_communities/securecommunitiesstrategicplan09.pdf Year: 2009 Country: United States URL: http://epic.org/privacy/secure_communities/securecommunitiesstrategicplan09.pdf Shelf Number: 128336 Keywords: Border PatrolBorder SecurityCriminal AliensCustoms EnforcementHomeland Security (U.S.)Illegal MigrantsImmigration Enforcement |
Author: Verite Title: Labor Brokerage and Trafficking of Nepali Migrant Workers Summary: This report describes research conducted on the relationship between labor brokerage and the risk of forced labor among Nepali migrant workers employed abroad. The research examines forced-labor triggers in Nepal and India and receiving-country mechanisms that encourage forced labor in Malaysia, the United Arab Emirates (U.A.E.), and Israel. The role of Guatemala and Mexico as transit countries for Nepali workers traveling illegally to the U.S. is also explored. Study Objectives Verite conducted research to determine the different types of labor-brokerage networks that exploit both documented and undocumented Nepali migrant workers; to find the points in the employment life cycle at which exploitation occurs; to identify the factors that increase migrant workers' vulnerability to exploitation; and to identify viable policy options to reduce Nepali migrant workers' vulnerability to exploitation. Verite conducted research in Nepal and in receiving countries, including Malaysia and the U.A.E., with case studies on Nepali workers in Israel and Guatemala. Verite researchers reviewed relevant literature, followed by contextual analysis of relevant audit findings, social-institutional mapping, and extensive interviews (one-on-one and group) with workers, NGOs, government officials, labor advocates, and unions in Malaysia, the U.A.E., Guatemala, and Israel. Details: Amherst, MA: Verite, 2013. 108p. Source: Internet Resource: Accessed March 18, 2014: http://www.verite.org/sites/default/files/images/Humanity%20United-Nepal%20Trafficking%20Report-Final_1.pdf Year: 2013 Country: International URL: http://www.verite.org/sites/default/files/images/Humanity%20United-Nepal%20Trafficking%20Report-Final_1.pdf Shelf Number: 131958 Keywords: Forced LaborHuman TraffickingIllegal MigrantsMigrant Workers |
Author: European Union Agency for Fundamental Rights (FRA) Title: Criminalisation of Migrants in an Irregular Situation and of Persons Engaging with Them Summary: This paper examines the sanctions applied to counteract irregular migration, building on previous work by the European Union Agency for Fundamental Rights (FRA) on the rights of migrants in an irregular situation. It looks first at the punishments used for irregular entry or stay, when persons enter or stay in a territory although they are not authorised to do so. It examines, in particular, the custodial penalties for irregular entry or stay for persons to whom the safeguards of the EU Return Directive should apply. It then examines the risk that those who help such migrants or rent out accommodation to them are punished for smuggling human beings, or facilitating their entry or stay. The paper compares EU Member States' legislation and case law in this field, analysing the findings in light of relevant EU law. Based on this analysis, the paper proposes changes to policies against the smuggling of human beings, to render them more sensitive to fundamental rights. Details: Vienna: FRA (European Union Agency for Fundamental Rights), 2014. Source: Internet Resource: Accessed July 19, 2014 at: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Year: 2014 Country: Europe URL: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Shelf Number: 132718 Keywords: Human RightsHuman SmugglingIllegal MigrantsImmigrationImmigration EnforcementMigrants |
Author: United Nations Office on Drugs and Crime, Country Office Pakistan Title: The Socio-Economic Impact of Human Trafficking and Migrant Smuggling in Pakistan Summary: Pakistan's population as of July 2011 is estimated at 187.3 million, with an annual estimated growth rate of 1.5 per cent, comprising 52 per cent male and 48 per cent female with more than 50 per cent being youth between 15 and 29 years of age. Pakistan is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast, with sea borders to the south. It is a federation of four provinces (Punjab, Sindh, Balochistan and Khyber-Pakhtunkhwa), a capital territory (Islamabad), and two semi-autonomous regions (FATA and Gilgit-Baltistan), and the Pakistan administered portion of Kashmir. Pakistan has faced numerous economic, social and security challenges since 2007, commencement point of this research. These combined factors are matter of an acute concern for the law enforcement agencies provide the ideal environment for transnational organised crime networks to flourish and exploit weaknesses in the system. The impact is not limited solely to the human costs relating to the extreme suffering and dehumanization of the individuals who are trafficked but also poses serious governance risk within the wider region. This has a direct detrimental effect on the state structures arrayed against corruption and organized crime. It also poses a threat to the economic development of the country. Pakistan is a source, transit and a destination country for human trafficking and migrant smuggling. The problem manifests itself within the country and across borders. In Pakistan, Sindh and Punjab remain a source of concern with high instances of bonded labour in agriculture, brick making and other industries. In response to migrant smuggling and human trafficking issues, the Government of Pakistan has taken important steps in developing strategies to combat these crimes and protect the rights of victims. In 2002, the Prevention and Control of Human Trafficking Ordinance (PACHTO) was enacted. This was followed by the development of a National Action Plan for Combating Human Trafficking, as well as establishment of Anti-Human Trafficking Units (AHTUs) and Circles under the jurisdiction of the Federal Investigation Agency (FIA). Details: Islamabad: UNODC - Pakistan, 2014. 50p. Source: Internet Resource: Accessed November 17, 2015 at: https://www.unodc.org/documents/pakistan/The_Socio-economic_impact_of_human_trafficking_and_migrant_smuggling_in_Pakistan_19_Feb_2015.pdf Year: 2014 Country: Pakistan URL: https://www.unodc.org/documents/pakistan/The_Socio-economic_impact_of_human_trafficking_and_migrant_smuggling_in_Pakistan_19_Feb_2015.pdf Shelf Number: 137312 Keywords: Border SecurityHuman SmugglingHuman TraffickingIllegal MigrantsMigrantsSocioeconomic Conditions and Crime |
Author: Bosworth, Mary Title: Border Criminologies: Assessing the Changing Architecture of Crime and Punishment Summary: There is increasing convergence between criminal and immigration law as states respond to the challenges of international migration by erecting and enforcing tougher visa and border controls. Many countries have put the criminal justice system to work in managing migration. The numbers of foreign nationals in prison or in immigration detention centres have consequently surged. This paper examines the particular perspective that criminology provides in explaining and critiquing these developments. While the field has been slow to respond to immigration detention, often clinging to a nationalist vision of the administration of justice, over the past decade scholars in the nascent field of "Border Criminologies" have begun assessing the changing architecture of crime and punishment. Their research has drawn on the traditions of applied research about state control, producing accounts of policing, imprisonment, and detention. While work still needs to be done to broaden the intellectual reach of this new subfield, this paper argues that criminology offers a rich, critical heritage as well as a set of methods through which to understand these policy developments. Details: Geneva, SWIT: Global Detention Project, 2016. 15p. Source: Internet Resource: Global Detention Project Working Paper No. 10: Accessed March 31, 2016 at: http://www.globaldetentionproject.org/publications/border-criminologies-assessing-changing-architecture-crime-and-punishment Year: 2016 Country: International URL: http://www.globaldetentionproject.org/publications/border-criminologies-assessing-changing-architecture-crime-and-punishment Shelf Number: 138509 Keywords: Border Security Illegal Immigration Illegal MigrantsImmigrant Detention |
Author: Europol Title: Migrant Smuggling in the EU Summary: Europe has seen an unprecedented increase in the number of irregular migrants arriving in the European Union since 2014. The scale of these migratory flows reached previously unseen heights in 2015. This trend of exponentially increasing numbers of migrants arriving in the EU is set to continue in 2016. In 2015, more than one million migrants reached the EU. This development has had a profound impact on Europe's criminal landscape. Criminal networks have quickly adapted to this development and substantially increased their involvement in migrant smuggling. More than 90% of the migrants travelling to the EU used facilitation services. In most cases, these services were offered and provided by criminal groups. A large number of criminal networks as well as individual criminal entrepreneurs now generate substantial profits from migrant smuggling. Criminal networks exploit the desperation and vulnerability of migrants. They offer a broad range of facilitation services such as the provision of transportation, accommodation and fraudulent documents at excessively high prices. In many cases, irregular migrants are forced to pay for these services by means of illegal labour. The scale of this exploitation is set to further increase in 2016. In 2015 alone, criminal networks involved in migrant smuggling are estimated to have had a turnover of between EUR 3 -6 billion. This turnover is set to double or triple if the scale of the current migration crisis persists in the upcoming year. Migrant smuggling to and within the EU is a highly attractive business for criminal networks and has grown significantly in 2015. As the fastest growing criminal market in Europe and other regions, this trend is set to continue in 2016. In tackling the sophisticated international and European migrant smuggling networks generating enormous profits, law enforcement authorities face a significant challenge over the coming years. Details: The Hague: EUROPOL, 2016. 15p. Source: Internet Resource: Accessed April 11, 2016 at: https://www.europol.europa.eu/content/migrant-smuggling-eu Year: 2016 Country: Europe URL: https://www.europol.europa.eu/content/migrant-smuggling-eu Shelf Number: 138619 Keywords: Criminal NetworksForced LaborHuman SmugglingIllegal MigrantsMigrantsOrganized Crime |
Author: Achilli, Luigi Title: The Smuggler: Hero or Felon? Summary: The general public and the media have had fun fantasising about the motives and interests that push migrants to embark on dangerous journeys across the sea. Smuggling is often understood through a simplification of both the clandestine traveller and the smuggler: a process of abstraction that overlooks any ambiguities and nuances. While researchers have abundantly studied the profile of the migrant, they had been less interested in the other key actor of the clandestine migration: the smuggler. Who is the smuggler? How does s/he operate? Why do migrants place their lives in the smugglers hands? The goal of this paper is to attend to the complexity of the phenomenon by looking at human smuggling across the Adriatic Sea. In light of the need to elaborate an adequate policy response to this phenomenon, a better understanding of smuggling is pivotal in ensuring the security of the receiving state and that of the migrant. With this task in mind, this paper problematizes the figure of the smugglers beyond overly simplistic generalizations and representations. In so doing, this paper argues that a truly effective answer to human smuggling would require the EU and its state members to concentrate on reducing demand rather than curbing supply. Details: Florence, Italy: Migration Policy Centre, Robert Schuman Centre for Advanced Studies - European University Institute, 2015. 12p. Source: Internet Resource: Policy Brief: Accessed September 7, 2016 at: http://cadmus.eui.eu/bitstream/handle/1814/36296/MPC_2015_10_PB.pdf?sequence=1 Year: 2015 Country: International URL: http://cadmus.eui.eu/bitstream/handle/1814/36296/MPC_2015_10_PB.pdf?sequence=1 Shelf Number: 140222 Keywords: Human SmugglingIllegal MigrantsIllegal MigrationMigrants |
Author: Suarez, Ximena Title: A Trail of Impunity:Thousands of Migrants in Transit Face Abuses amid Mexico's Crackdown Summary: On September 3, 2016, in a public event with the United States' Republican party presidential candidate Donald Trump, Mexican president Enrique Pena Nieto commented on how essential it is for his government and for Mexico's relationship with the United States to make Mexico's southern border with Central America "more secure." This discourse is not new. In July 2014 Mexico announced the controversial "Southern Border Program" and has since pursued policies that prioritize securing the country's Southern Border from migrants through control measures and a significant increase in detentions and deportations, ignoring concerns about the human rights of migrants and potential refugees traveling through Mexico, in particular from Honduras, El Salvador, and Guatemala. A new assessment of the situation reveals that migration enforcement operations keep increasing, at a time when Mexican authorities have not sufficiently improved their capacity to screen migrants to detect protection concerns and to seriously investigate crimes against migrants in transit in the country. Official data, information obtained through freedom-of-information requests, journalistic sources, and information from some of the shelters assisting migrants in Mexico reveals that 2016 may be the year with the highest number of detentions, deportations, and asylum petitions in Mexico. Details: WOLA; Fundar: Centro de Analisis e Investigacion, and the Casa del Migrante Frontera con Justicia, in Saltillo, Coahuila, 2016. 15p. Source: Internet Resource: Accessed October 15, 2016 at: https://www.wola.org/analysis/a-trail-of-impunity/ Year: 2016 Country: Mexico URL: https://www.wola.org/analysis/a-trail-of-impunity/ Shelf Number: 144875 Keywords: DeportationHuman Rights AbusesIllegal MigrantsImmigration EnforcementMigrant DetentionMigrants |
Author: Amnesty International Title: Stranded Hope: Hungary's Sustained Attack on the Rights of Refugees and Migrants Summary: Fences, teargas, and draconian legislation: over the last year the Hungarian authorities have baulked at little in their determination to keep refugees and migrants out of the country. The government's programme of militarization, criminalization and isolation has ushered in a set of measures which have resulted in violent push-backs at the border with Serbia, unlawful detentions inside the country and dire living conditions for those waiting at the border. This briefing documents the pernicious consequences of Hungary's current policies in flagrant breach of international human rights and refugee law and EU directives. Details: London: AI, 2016. 30p. Source: Internet Resource: Accessed November 2, 2016 at: https://www.amnesty.org/en/documents/eur27/4864/2016/en/ Year: 2016 Country: Hungary URL: https://www.amnesty.org/en/documents/eur27/4864/2016/en/ Shelf Number: 145006 Keywords: Asylum SeekersHuman Rights AbusesIllegal MigrantsMigrant DetentionMigrantsRefugees |
Author: Kandel, William A. Title: Sanctuary Jurisdictions and Criminal Aliens: In Brief Summary: The prominence of immigration enforcement issues during the 2016 Presidential elections and publicity surrounding crimes committed by some unauthorized aliens, have reignited the debate over immigration enforcement in the interior of the country. One homicide case - the July 2, 2015 slaying of a woman on a San Francisco pier by a reported unauthorized alien with a criminal and deportation history - was particularly noteworthy, because the law enforcement agency in question reportedly did not honor an immigration detainer issued by the Department of Homeland Security's (DHS's) Immigration and Customs Enforcement (ICE) for the individual who committed the crime. At the end of 2014, noncitizens accounted for 11.2% of the 209,561 individuals incarcerated in federal prisons, 3.5% of the 1,268,740 individuals incarcerated in state prisons, and 4.6% of the entire incarcerated population. In 2014, noncitizens represented 7.0% of the U.S. population. All of these proportions are slightly understated because they do not include figures for California which did not report its non-citizen incarcerated population. Incarceration data indicate that drug offenders accounted for 50% of all federal offenders in federal prison at the end of FY2013. Forty-six percent of noncitizen federal prisoners were incarcerated for drug offenses at the end of FY2013. Although immigration offenders represented almost 12% of all federal offenders incarcerated at the end of 2012, they represented 43% of all federal noncitizen offenders. Combined, drug and immigration offenses represented almost 90% of all noncitizen federal offenses at the end of FY2013. Published data on the state and local prisoners by offense type and citizenship status are not available. While immigration enforcement is a federal responsibility, efforts have continually been made to use the potential 'force multipliers' offered by local law enforcement. In 1996 legislation was enacted allowing the federal government to enter into agreements with state and local law enforcement jurisdictions that would permit it to delegate certain immigration enforcement functions to state and local law enforcement agents. After the September 11, 2001 terrorist attacks, this program, commonly referred to as the Section 287(g) program, and others involving federal and state and local cooperation, took on new urgency. ICE's Section 287(g) program permits the agency to delegate certain immigration enforcement functions to trained state and local law enforcement officers, under federal supervision, to identify criminal aliens. ICE also operates the Criminal Alien Program, along with Secure Communities/Interoperability to identify, detain and remove criminal and other removable aliens. While funding for these programs increased over the years since their inception, it has declined in recent years. In recent years, some jurisdictions have expressly defined or limited their roles and the activities of their employees regarding immigration enforcement. Critics contend that such policies within so-called 'sanctuary' jurisdictions can lead to tragic outcomes (such as the one described above) and can ultimately encourage illegal immigration. Supporters maintain that they are necessary because of resource and legal constraints, the need to avoid the disruption of critical municipal services, and human rights considerations. Congress may choose to consider several issues, including whether the potentially positive impacts on public safety of state and local involvement in immigration enforcement outweigh the potentially negative impacts on both law enforcement resource utilization and community relations within such jurisdictions; and whether increasing law enforcement funding or tying the provision of certain federal grants to greater cooperation with federal immigration enforcement agencies - or a mix of both approaches - would yield the greater cooperation oponents are seeking. The 114th Congress is considering proposals that would prohibit jurisdictions that prohibit or restrict its law enforcement agencies from notifying ICE on the immigration status of aliens or collecting information on the immigration or citizenship status of individuals from receiving certain federal grants. These proposals include H.R. 3009, H.R. 3002, S. 80, S. 1764, S. 2193 and S. 3100. The House passed H.R. 3009 on July 23, 2015. Similarly, amendments adopted during the House Committee on Appropriations markup of the FY2016 Department of Homeland Security appropriations bill and the House consideration of Commerce, Justice, Science and Related Agencies Appropriations Act, 2016 (H.R. 2578) would prohibit federal funds from going to jurisdictions that restrict their law enforcement agents from notifying ICE on the immigration status of aliens. The former would prohibit Federal Emergency Management Agency funds, while the latter would do so for State and Local Law Enforcement Assistance grant funds. S.Rept. 114-66 to accompany H.R. 2578 contains no language supporting such restrictions. On October 20, 2015, the Senate also failed to pass a cloture motion to consider S. 2146, which would make sanctuary jurisdictions ineligible for certain federal grants; grant jurisdictions that honor immigration detainers the authority to carry them out and limit their liability in doing so; and increase penalties for previously removed aliens who attempt to reenter the United States without authorization. The Senate reportedly plans to consider two measures, S. 3100 and S. 2193, that would restrict federal funding to cities that decline to honor detainers; and increase penalties (i.e., prison sentence) for migrants who illegally renter the country. S. 3100 would withhold a range of federal grants for public works, economic development, planning, administrative expenses, training, research, and technical assistance from such sanctuary jurisdictions. S. 2193 would increase maximum prison terms for unauthorized aliens by setting a five-year maximum sentence for unauthorized aliens with felony convictions caught two or more times, and a 10-year maximum sentence on unauthorized aliens caught reentering three times. Details: Washington, DC: Congressional Research Service, 2016. 15p. Source: Internet Resource: R44118: Accessed November 10, 2016 at: https://www.fas.org/sgp/crs/homesec/R44118.pdf Year: 2016 Country: United States URL: https://www.fas.org/sgp/crs/homesec/R44118.pdf Shelf Number: 146675 Keywords: Criminal AliensIllegal MigrantsImmigration EnforcementImmigration PolicySanctuary Jurisdictions |
Author: Chamblee, John F. Title: Mapping Migrant Deaths in Southern Arizona: The Human Borders GIS Summary: Thousands of migrants die annually crossing the desert into the Untied States. Through cooperation with the U.S. Border Patrol and local medical examiners we produce maps showing the locations where migrants died. Details: Unpublished paper, 2008? 32p. Source: Internet Resource: Accessed November 14, 2016 at: http://www.aaas.org/sites/default/files/migrate/uploads/migrant-report.pdf Year: 2008 Country: United States URL: http://www.aaas.org/sites/default/files/migrate/uploads/migrant-report.pdf Shelf Number: 146649 Keywords: Border EnforcementGlobal Positioning Systems (GIS)Illegal MigrantsMigrant DeathsMigrants |
Author: Bakker, Anne Title: At the Gate: Civil and military protection of Europe's Borders Summary: The migratory pressures on Europe's borders present the EU with an enormous challenge to get its act together. While the objectives and mandates of internal and external security actors increasingly overlap, these actors often still live in separated worlds. This Policy Brief analyses how the EU’s border security can be strengthened through a more joined-up approach between internal and external security actors. Furthermore, it looks into how civil-military connectivity in border security can be changed from the existing ad hoc nature to more structural cooperation. Despite the EU deal with Turkey in early 2016, the migration pressure on Europe's borders persists. The Syrian war lingers on, while instability and conflicts in Northern Africa continue to offer human traffickers ample opportunities to conduct their dirty business. Many politicians earmarked 2016 as the political breakthrough year in halting massive migration flows to Europe. Stepping up the protection of Europe's borders can certainly help to better manage migration flows. Yet, gatekeeping alone will not solve the problem. Cooperations agreements have been signed, but further steps are needed to translate this into action. With so many actors involved in mapping the routes and modus operandi of smugglers, sharing information is crucial to ensure the complementarity of action and to avoid any duplication of efforts. This also requires an increase in civil-military cooperation concerning capablities. Details: The Hague: Clingendael, 2017. 10p. Source: Internet Resource: Policy Brief: Accessed February 15, 2017 at: https://www.clingendael.nl/sites/default/files/PB_At_%20the_%20gate.pdf Year: 2017 Country: Europe URL: https://www.clingendael.nl/sites/default/files/PB_At_%20the_%20gate.pdf Shelf Number: 145397 Keywords: Border SecurityHuman TraffickingIllegal MigrantsMigrationSmuggling |
Author: Frouws, Bram Title: Smuggled South: An updated overview of mixed migration from the Horn of Africa to southern Africa with specific focus on protections risks, human smuggling and trafficking Summary: Migrants from the Horn of Africa continue to travel along the southern route towards South Africa and almost all of them use smugglers to get to their final destination. This RMMS briefing paper provides an update on the volume, trends and dynamics of mixed migration and migrant smuggling along this route. It offers new estimates on the volume of migration and the value of the illicit migrant smuggling economy from Ethiopia and Somalia to southern Africa and highlights many of the protection issues migrants and refugees face while being smuggled south. The research draws upon data from the RMMS Mixed Migration Monitoring Mechanism initiative (4Mi), through which field monitors conducted 398 interviews in South Africa, as well as additional interviews in southern Africa and secondary research. Details: Nairobi: Regional Mixed Migration Secretariat, 2017. 29p. Source: Internet Resource: RMMS Briefing Paper 3: Accessed March 23, 2017 at: http://regionalmms.org/images/briefing/Smuggled_South.pdf Year: 2017 Country: Africa URL: http://regionalmms.org/images/briefing/Smuggled_South.pdf Shelf Number: 144545 Keywords: Human Smuggling Human Trafficking Illegal MigrantsImmigration Migrants |
Author: Galemba, Rebecca B. Title: Cultures of Contraband: Contesting Illegality at the Mexico-Guatemala Border Summary: Driving from Frontera Comalapa, Chiapas, Mexico to the communities on the Mexico-Guatemala border where I planned to live and conduct fieldwork from September 2006- September 2007, I drove through several rural farms, towns, and winding roads. Upon reaching the Pan-American Highway is a makeshift police station, a small concrete building labeled, PFP (Policia Federal Preventiva, or Federal Preventative Police). Outside a police car was stationed as traffic whizzed by. Shortly before entering the border communities, there is also a military base. The Mexican government installed this base in the late 1990s during the Zapatista conflict to monitor resistance, despite the fact that the Zapatistas had little presence in the Comalapa region. The military currently uses the base to erect road blockades to inspect for contraband, illegal migrants, illicit drugs, and illegal firearms. There were almost always blockades on Fridays so that soldiers could inspect vehicles returning from market day at the official border crossing at La Mesilla, Guatemala and Ciudad Cuauhtemoc, Mexico. I had originally intended to conduct research at the Mexico-Guatemala border to study the contrasts between policies that simultaneously advocated an "open" border for free trade and a militarized border to comply with Washington's security demands to stem the northward flow of illicit drugs, crime, and undocumented migrants (Benitez Manaut 2003; Pickard, CIEPAC 2007). Despite the increased presence of the Mexican military and police forces2 in the region, border residents agreed that since the late 1990s they experienced less official border surveillance. Instead, residents allude to a booming industry of cross-border contraband in everyday goods, as well as undocumented migrants, arms, and drugs. I realized that my original interest in undocumented migration formed part of a larger picture of historical and cross-border flows of people, goods, and information. Studying border flows from the ground-up revealed a border region that was not just simultaneously "open" to goods and "closed" to people as I had anticipated, but full of various contingent and conflicting openings and enclosures. When I interviewed a Mexican customs inspector at Ciudad Cuauhtemoc, he lamented, "In this region illegality governs. It is what distinguishes this region [from other customs inspections posts]." This inspector had worked in multiple customs ports throughout Mexico, but seemed to resign and adapt himself to this aspect of "illegality," referring to it as part of the "regional culture." Despite stricter laws and Mexico's modernization of the official border crossing and customs inspections in the late 1990s, he told me that most commerce in the region occurred in clandestine crossings. This dissertation examines the multiple meanings of illegality and how notions of illegality permeate, and at times govern, social, political, and economic life at the Mexico-Guatemala border. A 2006 article in El Financiero, labeled the Mexico-Guatemala border "a paradise for contraband...[stating that] the problem, which is little spoken about, is that illegality dominates everything at the border." By focusing on the residents of a clandestine border pathway on the Mexico-Guatemala border, I problematize the concept of "illegality," arguing that the social and economic relations engendered by illegal practices often generate new forms of law, economy, and moral norms. While legal and illegal practices may blur in everyday interactions (Nordstrom 2007), I examine how residents distinguish and organize the heterogeneity of these practices in order to situate illegality within the larger political and moral economy. By examining the daily relations between border residents, state and federal agents, farmers, formal-sector companies, and smugglers, I illustrate how illegality produces and reconstitutes gendered, ethnic, and class inflected subjectivities. Details: Providence, RI: Brown University, 2009. 364p. Source: Internet Resource: Dissertation: https://repository.library.brown.edu/storage/bdr:155/PDF/ Year: 2009 Country: Mexico URL: https://repository.library.brown.edu/storage/bdr:155/PDF/ Shelf Number: 130138 Keywords: Border SecurityContrabandDrug TraffickingIllegal FirearmsIllegal MigrantsIllicit DrugsTrafficking in Firearms |
Author: Campos, Sara Title: Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants Summary: U.S. immigration officials have a long and checkered history of mistreating migrants at the Southern border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; migrants have voiced complaints for years, with litigation dating back several decades. A more dismal future for migrants looms today, as the U.S. government promises to institute a new level of immigration enforcement. Within its first year, the Trump administration issued directives to intensify and scale up border enforcement, detention, and deportations, as well as expand expedited deportation procedures to unprecedented levels. Moreover, the administration's tacit - if not explicit - approval of harsh treatment toward migrants also risks emboldening immigration agents to act improperly. Indeed, evidence of mistreatment and abuse has already surfaced. This report explains the stark findings of an empirical investigation into the behavioral patterns of U.S. immigration authorities during the apprehension, custody, and removal of Mexican migrants from the United States. The analysis is based on new survey data and testimonies collected by the Binational Defense and Advocacy Program (in Spanish, Programa de Defensa e Incidencia Binacional, or PDIB). Between August 2016 and April 2017, PDIB interviewed 600 migrants who were deported from the United States to Mexico at one of the following repatriation points: Nogales, Sonora; Nuevo Laredo, Tamaulipas; Ciudad Juarez, Chihuahua; and Reynosa, Tamaulipas. Among other issues, the survey sought to examine whether U.S. immigration agents properly informed migrants of their rights, actively interfered with migrants' rights, coerced or intimidated migrants in their custody, or failed to provide removal documents to migrants at the time of repatriation. The results are unnerving. In each of the areas examined, U.S. officials failed to deliver basic rights under U.S. laws and policies: 43.5 percent of the respondents surveyed were not advised of their right to contact their consulate; More than half of the respondents surveyed (55.7 percent) were not asked if they feared returning home; Almost a quarter of the respondents (23.5 percent) reported being victims of some type of abuse or aggression by immigration authorities during their apprehension; Half of the respondents (50.7 percent) who signed repatriation documents reported that they were not allowed to read the documents before they signed them; 57.6 percent of the respondents did not receive their repatriation documents. What emerges from the survey data and testimonies is an alarming portrait of the way Mexican migrants are treated while in U.S. custody and through the deportation process. Often, migrants do not receive copies of deportation documents and have little understanding of the processes they have undergone and the related legal ramifications. When U.S. officials prevent migrants from accessing critical information and processes, they further deprive individuals of their possible legal opportunities to present immigration claims. While in U.S. custody and control, many migrants are deprived of legally required information, thwarted from contacting their consulates, compelled to sign documents they cannot read or understand, threatened with protracted detention, and blocked from applying for asylum and other legal claims - even in the face of serious danger. In short, these migrants are left in the dark during their deportations. Given the escalation of immigration enforcement, the problems identified in this report are only likely to multiply. If not addressed, the behavioral patterns leading to abuses could spawn mass constitutional rights violations. Details: American Immigration Council, 2017. 27p. Source: Internet Resource: Accessed October 9, 2017 at: https://americanimmigrationcouncil.org/sites/default/files/research/deportations_in_the_dark.pdf Year: 2017 Country: United States URL: https://americanimmigrationcouncil.org/sites/default/files/research/deportations_in_the_dark.pdf Shelf Number: 148170 Keywords: DeportationsIllegal MigrantsImmigrant DeportationsImmigration EnforcementImmigration Policy |
Author: Sinchetto, Francesco Title: Unaccompanied and Separated Children along Italy's Northern Borders Summary: Unaccompanied and separated foreign minors have been arriving in Italy for several years. The total number of minors intercepted and registered with Italian authorities over the past six years is 62,672. Since 2011 the number of UASC (Unaccompanied And Separated Children) has risen constantly from year to year, up until a slight fall recorded in the first seven months of 2017 (compared with arrivals in the same period of 2016), with the arrival of 12,656 unaccompanied minors, making up 13% of the arriving migrant population over the past year. Among registered UASC, one in four left reception facilities, and became untraceable3. Such a high dropout rate from centres on the part of minors is chiefly due to the desire to go directly to other States in the European Union. This is partly due to the dysfunctions of Italy's reception system and to the time needed to start and complete the procedures for family reunification and the granting of international protection. In view of the "irregular" nature of these people's status, not in the sense of unlawful presence in the country but rather that of straying from a planned course, characterising the state of migrants in transit, who appear to form a sort of "underground people", these migrants, including minors, do not receive any sort of temporary reception or formal support. This category, present en masse in reality, is not legally contemplated or recognised as such. Thus this group is not governed by any particular rules, and does not receive any protection, including services meeting primary needs. In such a setting, there is a clear use, and need, for activities in support of emergency measures adopted by institutions, humanitarian organisations and civil society. Since 2011 Intersos has been operating a night-time reception centre in Rome called A28 for foreign minors in transit. In five years the centre has provided a safe shelter for more than 4,000 unaccompanied foreign minors in transit in Italy. In 2016 the A28 Centre hosted 1,112 unaccompanied minors from Eritrea, one third of all those arriving in Italy in the same year. Working closely with the centre is the Intersos Street Unit service, created in November 2016 in partnership with Unicef, in order to monitor the territory, promote the service and single out the most vulnerable cases. Following on from this initial project, over the past two years Intersos has broadened its action in the sphere of reception and assistance for unaccompanied foreign minors transiting in Italy or dropping out of official reception channels. In March 2017, in collaboration with Unicef, initiatives were also undertaken in Como and Ventimiglia, in light of the increase in migrant flows in the respective border areas, with the consequent intensification of border checks on the part of neighbouring States and a growing number of "rejected" people in Italy, who are forced to face a stalemate situation with very few prospects. The Como and Ventimiglia projects intend to facilitating the take into care of intercepted unaccompanied foreign minors, 1,070 in Como and 1,418 in Ventimiglia, through the providing of information, support and legal aid. Thanks to collaboration with local organisations and reference institutions, ad hoc pathways for UASC are activated, where possible, starting with access to the international protection application procedure, and including admission to secondstage reception facilities. In Ventimiglia furthermore, a mobile clinic has been operational since April 2017, offering basic medical care to persons outside the reception centres. The most relevant cases in terms of the seriousness of violations committed or complexity of individual cases have been taken up in collaboration with the Associazione per gli Studi Giuridici sull'Immigrazione (Association for Legal Studies on Immigration). As regards family reunification procedures, collaborative ties have been forged with the Safe Passage initiative. Thanks to the support of the Open Society Foundation, the conditions of unaccompanied foreign minors have been monitored along Italy's northern borders, from August to October 2017. This report is the result of this monitoring activity. The research was conducted in connection with the above-described actions, making use of the material gathered during these activities, consisting mainly of direct interviews with minors in Rome, Como and Ventimiglia and information procured by constant dialogue with institutions and the actors of civil society operating in the sector. In localities where an Intersos team is not present on a permanent basis, the research was conducted by means of monitoring visits, interviews with migrants, meetings with the authorities responsible for managing the migratory phenomenon, and counting on permanent cooperation with local associations. Details: Rome: Intersos, 2017. 72p. Source: Internet Resource: July 26, 2018 at: https://www.intersos.org/wp-content/uploads/2018/02/UASC-along-Italys-northern-borders.compressed.pdf Year: 2017 Country: Italy URL: https://www.intersos.org/wp-content/uploads/2018/02/UASC-along-Italys-northern-borders.compressed.pdf Shelf Number: 150923 Keywords: Child MigrantsIllegal MigrantsImmigrationMigrantsUnaccompanied ChildrenUnaccompanied Migrant Children |
Author: Great Britain. National Audit Office Title: Handling of the Windrush Situation Summary: Between 1948 and 1973 many Commonwealth citizens came to the UK under successive pieces of immigration legislation. Some of these individuals, particularly those from Caribbean nations, have recently become known as the Windrush generation. The government amended existing immigration legislation with the Immigration Act 1971, which came into force in 1973. At this time, Commonwealth immigrants already settled in the UK were given indefinite leave to remain, but many were not issued with any documentation, and the Home Office (the Department) kept no records confirming these individuals' status. Over at least the past 10 years the government has further reformed immigration policies according to the principle that the right to live, work and access services in the UK should only be available to those migrants who are eligible. In the spring of 2018, the media began to report stories of people who had come to the UK from the Commonwealth, being denied access to public services, being detained in the UK or at the border, or removed from, or refused re-entry to, the UK. It was reported that some people did not have the paperwork to prove their legal right to reside in the UK. In April 2018, the government acknowledged that the Windrush generation had been treated unfairly and set up a taskforce and scheme to help individuals to resolve their immigration status. Content and scope of the report This report seeks: to increase transparency about what happened; and to establish whether problems with the Department's information management and management of immigration casework may have contributed to the situation. We are not questioning the merits of the Department's policy objectives. We examine: - the scale and impact of the problem of people from the Windrush generation potentially being denied access to services, or detained or removed from the UK; - whether the Department identified the potential for new legislation and policy to have adverse effects on the Windrush generation and others; - whether its systems, guidance and processes contributed to negative outcomes, such as wrongful detention and removal; - whether the quality of the Department's information was a factor in people being wrongfully detained, removed or denied access to services; - whether the Department had adequate feedback loops to identify any adverse or unintended consequences and responded appropriately to feedback; -and how the Department is now supporting people who might have been affected, through the Windrush scheme. Report conclusions The policy of successive governments to create a hostile/compliant environment for illegal migrants involved limiting access to benefits and services and tightening enforcement activities. This included a 'devolved approach' placing a duty on landlords and employers and public service providers to carry out checks. This predictably carried a risk of impacting on individuals who were, in fact, entitled to residence, but who did not have the necessary documents. The Department had a duty of care to ensure that people's rights and entitlements were recognised and this has been re-emphasised by the Prime Minister. We do not consider that the Department adequately considered that duty in the way that it introduced immigration policy. In its implementation of the policy with few checks and balances and targets for enforcement action, we do not consider, once again, that the Department adequately prioritised the protection of those who suffered distress and damage through being wrongly penalised, and to whom they owed a duty of care. Instead it operated a target‑driven environment for its enforcement teams. The clarity of briefing to the former Home Secretary on this issue has also been called into question. It is clear that the Department received warnings of the fact that people, including in one case an employee of the House of Commons, were being wrongly caught up in the enforcement and compliant environment sanction regimes it was responsible for, but this did not have the effect of stimulating inquiry, or timely action. The Department is now moving to identify affected individuals, and to compensate them. This is positive. However, it is still showing a lack of curiosity about individuals who may have been affected, and who are not of Caribbean heritage, on the basis that this would be a 'disproportionate effort'. In the circumstances, we find this surprising. It is clear that the Department's implementation of the policy, now resulting in a belated and costly exercise in seeking information and paying compensation, to say nothing of the reputational damage involved, was not value for money. Details: London, U.K.: Comptroller and Auditor General, 2018. 48p. Source: Internet Resource: Accessed December 19, 2018 at: https://www.nao.org.uk/report/handling-of-the-windrush-situation/ Year: 2018 Country: United Kingdom URL: https://www.nao.org.uk/wp-content/uploads/2018/12/Handling-of-the-Windrush-situation-1.pdf Shelf Number: 154034 Keywords: Illegal MigrantsImigrant DetentionImmigrationImmigration PolicyMigrantsWindrush |
Author: Aliverti, Ana Title: Making home safe? The role of criminal law and punishment in British immigration controls Summary: This thesis is an enquiry into the regulation of immigration through criminal law and its institutions. It looks at the range of immigration offences in British legislation, and whether and how they are being used in practice. The criminalisation of immigration status has historically served functions of exclusion and control against those who defy the state's powers over its territory and population. In the last two decades, the prerogatives to exclude and punish have been enhanced by the expansion of the catalogue of immigration offences and the more systematic enforcement of these powers. The great reliance on the criminal law to regulate immigration is distinctive of a period in which crime and immigration have been increasingly politicised. As a consequence, more offences have been created and more individuals have been subject to the hybrid immigration and criminal justice system. While immigration offences largely remain under-enforced, some of them - particularly those penalising document fraud and identity stripping- are used against foreign nationals who cannot be removed from the country. In this thesis I explain what I consider to be the most pernicious consequences of this expansion of formal and substantive criminalisation of immigration breaches. The existence of a parallel system of sanctions allows enforcement agencies wide margins of discretion. Therefore, similar cases may be dealt with in very different ways. When the criminal route is chosen, the use of criminal law in the vast majority of cases reaching the criminal courts is unnecessary, disproportionate and extremely harmful. Both the decision to prosecute and the sanction eventually imposed are justified by preventive and regulatory purposes. The actual practice of criminalisation reveals that the criminal procedural safeguards are weakened and those accused of immigration crimes are likely to be convicted and imprisoned for these offences. I conclude that the formal and substantive criminalisation of immigration represents a departure from liberal criminal law principles and the purposes of criminal punishment. These conclusions cast doubts about the pragmatic, non-principled use of criminal law to regulate immigration flows, and call for the need to look at other, more humane alternatives in the treatment of 'unwelcome' migrants. Details: Oxford, UK: University of Oxford, 2011. 294p. Source: Internet Resource: Dissertation: Accessed June 14, 2019 at: https://ora.ox.ac.uk/objects/uuid:c3659f2f-679e-464e-a12a-282c85ebac94 Year: 2011 Country: United Kingdom URL: https://ora.ox.ac.uk/objects/uuid:c3659f2f-679e-464e-a12a-282c85ebac94 Shelf Number: 156427 Keywords: Illegal ImmigrantsIllegal MigrantsImmigrantsImmigration EnforcementImmigration OffencesImmigration PolicyMigrants |