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Date: November 22, 2024 Fri
Time: 11:56 am
Time: 11:56 am
Results for immigrants
234 results foundAuthor: Rumbaut, Ruben G. Title: The Myth of Immigrant Criminality and the Paradox of Assimilation: Incarceration Rates Among Native and Foreign-Born Men Summary: Using data from the U.S. census and other sources, this report indicates that for every ethnic group in the U.S., incarceration rates among young men are lowest for immigrants. Details: Washington, DC: American Immigration Law Foundation, 2007. 16p. Source: Special Report Year: 2007 Country: United States URL: Shelf Number: 114785 Keywords: Crime RatesImmigrants |
Author: Tumlin, Karen Title: A Broken System: Confidential Reports Reveal Failures of U.S. Immigrant Detention Centers Summary: This report presents a system-wide look at the federal governments' compliance with its own standards regulating immigrant detention facilities. Results reveal substantial and pervasive violations of the government's minimum standards for conditions at such facilities. Details: Los Angeles: National Immigration Law Center, ACLU of Southern California, and Holland & Knight, 2009. 154p. Source: https://www.nilc.org/wp-content/uploads/2016/02/A-Broken-System-2009-07.pdf Year: 2009 Country: United States URL: Shelf Number: 116205 Keywords: Detention FacilitiesImmigrant DetentionImmigrants |
Author: Kerwin, Donald Title: Immigrant Detention: Can ICE Meet Its Legal Imperatives and Case Management Responsibilities? Summary: On August 6, 2009, U.S. Immigration and Customs Enforcement (ICE) announced plans to revamp its detention system, with the goal of bringing it in line with the agency's civil detention authorities. The initiative is designed to reduce the agency's reliance on local jails and private prisons, address longstanding concerns related to conditions of confinement, and centralize management of its detention system. The subsequent disclosure by ICE that 10 more detainees died in its custody between 2004 and 2007 than it had previously reported underscores the need for detention reform and, in particular, for reform of ICE information systems. This report explores whether the ICE database and case tracking system adequately serve the agency's need to adhere to its legal mandates governing bond and parole, to administer its custody review processes for post-removal order detainees, to assess the eligibility of detainees for alternative programs, and to abide by its national detention standards. Details: Washington, DC: Migration Policy Institute, 2009. 37p. Source: Year: 2009 Country: United States URL: Shelf Number: 116383 Keywords: Illegal AliensImmigrant DetentionImmigrants |
Author: Schriro, Dora Bess Title: Immigration Detention Overview and Recommendations Summary: This report provides a comprehensive review and evaluation of the U.S. Immigration and Custom Enforcement (ICE) system of Immigration Detention. It relies on information gathered during tours of 25 facilities, discussions with detainees and employees, meetings with over 100 non-governmental organizations and federal, state, and local officials, and the review of data and reports from governmental agencies and human rights organizations. The report describes the policy, human capital, informational, and management challenges associated with the rapid expansion of ICE's detention capacity. The report identifies important distinctions between the characteristics of the Immigration Detention population in ICE custody and the administrative purpose of their detention as compared to the punitive purpose of the Criminal Incarceration system. The report provides a seven part framework for meeting the challenge of developing a new system of Immigration Detention. It concludes with concrete recommendations for reform. Details: Washington, DC: U.S. Department of Homeland Security, 2009. 35p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 117310 Keywords: Alien Detention CentersDeportationIllegal AliensImmigrant DetentionImmigrantsImmigration |
Author: American Civil Liberties Union of Georgia Title: The Persistence of Racial Profiling in Gwinnett: Time for Accountability, Transparency, and an End to 287(g) Summary: Georgia is among those states that have no laws to prohibit racial profiling, as the Georgia General Assembly has rejected repeated attempts to pass such a law. Accordingly, law enforcement personnel throughout Georgia may continue to stop individuals based solely on their race or ethnicity, often without any measure of accountability. This is of particular concern in Gwinnett County, where testimonies affirm that officers disproportionately target people of color for perceptual stops, investigations, and enforcement. The incidents of racial profiling in Gwinnett County have been particularly exacerbated after the implementation of the 287(g) program, which allows local law enforcement of participate in enforcement of federal immigration laws. Both before and after the implementation of this program, the ACLU of Georgia received complaints from drivers, pedestrians, and Gwinnett community members showing that police officers are targeting immigrants and people of color for stops, searches, and interrogations. Details: Atlanta, GA: ACLU of Georgia, 2010. 26p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 118216 Keywords: Illegal AliensImmigrantsLaw Enforcement (Georgia)Racial Profiling (Georgia) |
Author: Seattle University School of Law. International Human Rights Clinic Title: Voices from Detention: A Report on Human Rights Violations at the Northwest Detention Center in Tacoma, Washington Summary: This study examined the conditions at the Northwest Detention Center in Tacoma, Washington. It found violations of international human rights law, the Constitution and the Refugee Convention, including lack of due process, mistreatment of detainees (including strip searches), insufficient food and medical care and language barriers, among others. Details: Seattle: International Human Rights Clinic, Seattle University School of Law, 2008. 80p. Source: Internet Resource Year: 2008 Country: United States URL: Shelf Number: 118300 Keywords: Due ProcessHuman Rights ViolationsIllegal AliensImmigrant DetentionImmigrantsPrison Conditions |
Author: New York University School of Law Immigrant Rights Clinic Title: Locked Up But Not Forgotten: Opening Access to Family and Community in the Immigration Detention System Summary: This report examines the way that visitation with family and community functions in the current immigration detention context and the way it should function in order to affirm the humanity and dignity of immigration detainees and maximize fairness and transparency in a system lacking in both. Details: New York: New York University School of Law Immigrant Rights Clinic, 2010. 47p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 118593 Keywords: Illegal AliensImmigrant Detention (U.S.)Immigrants |
Author: Baddour, Ann Title: Justice for Immigration's Hidden Population: Protecting the Rights of Persons with Mental Disabilities in the Immigration Court and Detention System Summary: This report documents the scope of the problems facing immigrants with mental diabilities in the state of Texas. The report presents an analysis and recommendations on five core principles integral to ensuring just treatment and due process for immigrants with mental disabilities. Details: Austin, TX: Texas Appleseed, 2010. 88p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 118629 Keywords: Illegal AliensImmigrant DetentionImmigrantsMentally Ill Offenders |
Author: Women's Refugee Commission Title: Halfway Home: Unaccompanied Children in Immigration Custody Summary: Thousands of children migrate to the United States each year. Many of these children come fleeing war, violence, abuse or natural disaster; others come to reunite with family members already here, or to seek better lives for themselves. They undertake difficult journeys, often across numerous international borders, and often alone. Unaccompanied children are some of the most vulnerable migrants who cross our borders, and are in need of special protections appropriate for their situation. Yet they face additional hurdles upon arrival. They are placed in custody while their immigration cases proceed through the courts, and they must undergo adversarial immigration proceedings, often without the help of a lawyer or guardian. In March 2003, the Homeland Security Act (HSA) transferred custody of unaccompanied alien children from the former Immigration and Naturalization Service (INS) to the Office of Refugee Resettlement (ORR). 4 ORR, a division of the Department of Health and Human Services (HHS) created the Division of Unaccompanied Children's Services (DUCS) to provide care and services to this population. In an effort to assess the effectiveness of the transfer, the Women's Refugee Commission* and the law firm of Orrick, Herrington & Sutcliffe LLP (Orrick) embarked on a landmark study of the conditions of care and confinement for children in immigration proceedings without a parent or guardian. We visited 30 DUCS programs, three facilities where Immigration and Customs Enforcement (ICE) detains children and three Border Patrol stations. In addition, we interviewed staff, attorneys, advocates, social workers and more than 200 children. In this report, we provide an overview of what life is like for children in DUCS, Border Patrol and ICE custody. In general, we found that the treatment of most unaccompanied children has greatly improved with the transfer of custody to DUCS. The majority of children are eventually released to parents, relatives or sponsors and a good number of those not eligible for release are held in child-friendly shelter facilities or foster home placements. DUCS has made significant improvements in the quality of medical care, has identified children in need of protection and has created a mechanism to better ensure that children are released to safe environments. In addition, DUCS has created pilot programs to provide legal assistance and guardians ad litem to some children. The recent passage of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) should further enhance protections for children. We conclude that HHS is the most appropriate entity to provide care and custody for unaccompanied children. However, while important improvements have been made and children are better cared for, the Women's Refugee Commission found that significant child protection challenges remain under the current system. Border Patrol and ICE, which are agencies of the Department of Homeland Security (DHS), continue to detain children in inappropriate facilities. In addition, the DUCS program was based in large part on the old INS model of care and has suffered from growing pains and significant challenges as a result. The transfer of custody to DUCS has shifted service provision away from a criminal justice culture and injected social services into the system; however, the intent of the transfer, which was to decouple prosecution from care, has not been fully realized. The roles of prosecutor and caretaker continue to be interwoven in a manner that interferes with the best interest of children. As a result, today's system of care is in many ways a friendlier face superimposed on the old INS model. In essence, we found that the transfer of custody was incomplete because: - DHS still serves as the gatekeeper in deciding which children will be transferred to DUCS, and when. - DHS inappropriately retains custody of some children whom we consider to be unaccompanied. - DUCS continues in some cases to rely on an institutional model of care that lacks appropriate monitoring and oversight and that fails to protect confidentiality or provide adequate services to all children consistent with child welfare principles. As a result: - DHS exerts significant influence over care and custody of unaccompanied children despite the fact that DUCS is the legal custodian for this population. - Not all unaccompanied children are transferred to DUCS custody, and many who are transferred are not transferred within 72 hours, as mandated by the Flores Settlement (see Appendix I). - Conditions at Border Patrol and ICE facilities remain inappropriate for children. - Services are compromised by the concentration of DUCS programs in rural areas. - DUCS inappropriately shares children's information with DHS, undermining children's access to reunification and relief. - Children's ability to access protection is limited by a lack of legal representation and lack of access to guardians ad litem. - Despite clear procedures, DUCS does not have effective or adequate monitoring practices. - DUCS does not place all children in the least restrictive setting appropriate for their needs. It has recently been increasing the number of children placed in staff-secure and secure facilities and has few therapeutic programs. Details: New York: Women's Refugee Commission; Orrick Herrington & Sutcliffe LLP, 2009. 93p. Source: Internet Resource: Accessed April 17, 2018 at: http://www.refworld.org/pdfid/498c41bf2.pdf Year: 2009 Country: United States URL: http://www.refworld.org/pdfid/498c41bf2.pdf Shelf Number: 117115 Keywords: Illegal AliensIllegal Immigrant ChildrenImmigrantsImmigrationUnaccompanied Children |
Author: Hedjam, Sofia Title: Disappearing, Departing, Running Away. A Surfeit of Children in Europe? Summary: This report describes the phenomenon of foreign unaccompanied minors disappearing from institutions where they had been placed by authorites in the countries of Belgium, Spain, France and Switzerland. It includes information collected in detail and recommendations to governments, legislative authorities, the judiciary and social services. Details: Lausanne, Switzerland: Terre des hommes, 2010. 85p. Source: Internet Resource Year: 2010 Country: Europe URL: Shelf Number: 118594 Keywords: Immigrant ChildrenImmigrants |
Author: Weller, Steven Title: A Bench Guide for State Trial Court Judges on the Immigration Consequences of State Court Criminal Actions Summary: This bench guide is intended to help state trial court judges identify circumstances before them in which a state criminal conviction or sentence might have possible collateral immigration consequences, to assure that alien litigants have been properly advised by their attorneys of the possible immigration implications of entering a guilty plea or going to trial. In particular, judges need to be aware of these issues when taking a guilty plea or determining an appropriate sentence. Details: Denver, CO: Center for Public Policy Studies, 2010. 58p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 119172 Keywords: Illegal AliensImmigrantsImmigrationJudges |
Author: U.K. Border Agency Title: Protecting Our Border, Protecting the Public: The UK Border Agency's Five Year Strategy for Enforcing Our Immigration Rules and Addressing Immigration and Cross Border Crime Summary: This document both clarifies the extent of the UK Border Agency law enforcement activities and sets out a vision as to how, over the next five years, they will develop their capability to protect the public from the harm caused by illegal immigration and smuggling. It also sets out how the agency will support the work of its criminal justice partners in tackling non-immigration crime committed by foreign nationals in the UK. Details: London: UK Border Agency, 2010. 37p. Source: Internet Resource Year: 2010 Country: United Kingdom URL: Shelf Number: 118616 Keywords: Border CrimeBorder SecurityIllegal AliensIllegal ImmigrationImmigrants |
Author: Legal Assistance Foundation of Metropolitan Chicago Title: Videoconferencing in Removal Hearings: A Case Study of the Chicago Immigration Court Summary: The Chicago Immigration Court began its use of videoconferencing for detained immigrants in removal hearings in 2002, and contends that the practice increases efficiency and effectiveness. However, after examining over one hundred hearings, this study found videoconferencing riddled with problems such as technological malfunctions and/or failure, lack of proper language interpretation, little or no ability for detainees to communicate with their counsel, and problematic presentation of evidence. Having immigrants appear by television from a small room at a suburban detention center, while the immigration judge, the trial attorney, and the lawyer (if any) are in a downtown courtroom, raises serious concerns. Details: Chicago: The Authors, 2005. 62p., app. Source: Internet Resource Year: 2005 Country: United States URL: Shelf Number: 118774 Keywords: CourtsImmigrantsImmigration CourtVideoconferencing |
Author: Florida Immigrant Advocacy Center Title: Dying for Decent Care: Bad Medicine in Immigration Custody Summary: Florida Immigrant Advocacy Center (FIAC) provides free legal services to immigrants of all nationalities, including many in the custody of Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS). Lack of competent medical care is one of the chief complaints of the men, women and children in immigration detention throughout the country. This report documents the concern that medical care for those in immigration custody is woefully inadequate and all too frequently leads to unnecessary suffering and, in some cases, death. Details: Miami: Florida Immigrant Advocacy Center, 2009. 78p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 113415 Keywords: Health CareImmigrant DetentionImmigrants |
Author: New Jersey Civil Rights Defense Committee Title: Voices of the Disappeared: An Investigative Report of New Jersey Immigrant Detention Summary: This report summarizes the independent findings of a group of citizen activists in New Jersey, the New Jersey Civil Rights Defense Committee (NJCRDC), who organized in early 2003 to expose and prevent the abuse of immigrants via the government's stepped-up immigration detention program after 9/11. Details: Piscataway, NJ: New Jersey Civil Rights Defense Committee, 2007. 40p. Source: Internet Resource Year: 2007 Country: United States URL: Shelf Number: 119418 Keywords: IllegalIllegal AliensImmigrant DetentionImmigrants |
Author: Bodenhorn, Howard Title: Immigration: America's Nineteenth Century "Law and Order Problem"? Summary: "Past studies of the empirical relationship between immigration and crime during the first major wave of immigration have focused on violent crime in cities and have relied on data with serious limitations regarding nativity information. We analyze administrative data from Pennsylvania prisons, with high quality information on nativity and demographic characteristics. The latter allow us to construct incarceration rates for detailed population groups using U.S. Census data. The raw gap in incarceration rates for the foreign and native born is large, in accord with the extremely high concern at the time about immigrant criminality. But adjusting for age and gender greatly narrows that observed gap. Particularly striking are the urban/rural differences. Immigrants were concentrated in large cities where reported crime rates were higher. However, within rural counties, the foreign born had much higher incarceration rates than the native born. The interaction of nativity with urban residence explains much of the observed aggregate differentials in incarceration rates. Finally, we find that the foreign born, especially the Irish, consistently have higher incarceration rates for violent crimes, but from 1850 to 1860 the natives largely closed the gap with the foreign born for property offenses." Details: Cambridge, MA: National Bureau of Economic Research, 2010. 42p. Source: Internet Resource; NBER Working Paper Series; Working Paper 16266; Accessed August 16, 2010 at: http://papers.nber.org/papers/w16266 Year: 2010 Country: United States URL: http://papers.nber.org/papers/w16266 Shelf Number: 119610 Keywords: ImmigrantsImmigration and CrimeIncarceration RatesInmates, Foreign Born |
Author: Paz, Monica G. Title: Bringing the Global to the Local: Using Participatory Research to Address Sesxual Violence with Immigrant Communities in NYC Summary: This study reveals, in their own voices, the experiences New York City immigrant women have with sexual violence and their thoughts on ending this victimization. Many of the women who participated in this pilot study talked about the situations they faced and the barriers they experienced in seeking help for sexual violence. The study examines: 1) the scope and impact of sexual violence against (documented and undocumented) immigrant women; 2) help-seeking behaviors, including knowledge and attitudes about sexual violence services in their New York City communities; and 3) community-specific strategies to end sexual violence. Details: New York: New york City Alliance Against Sexual Assault, 2008. 70p. Source: Internet Resource: Accessed August 19, 2010 at: http://www.svfreenyc.org/media/research/par_1_report08.pdf Year: 2008 Country: United States URL: http://www.svfreenyc.org/media/research/par_1_report08.pdf Shelf Number: 117660 Keywords: ImmigrantsSex OffensesSexual AssaultSexual Violence (New York City)Violence Against Women |
Author: Bouteillet-Paquet, Daphne Title: Smuggling of Migrants: A Global Review and Annotated Bibliography of Recent Publications Summary: The purpose of this thematic review is to survey existing sources and research papers on migrant smuggling and to provide a gap analysis of existing knowledge from a global perspective. Indeed, despite the fact that migrant smuggling has attracted great media and political attention over the last two decades, there has not been any comprehensive analysis of the state of expert knowledge. Great confusion still prevails about what is migrant smuggling within the global context of irregular migration. Smuggling of migrants is a crime defined under international law 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 of which the person is not a national or a permanent resident”, according to the definition of Article 3 (1) of the Protocol against the Smuggling of Migrants by Land, Sea and Air – commonly referred to as the Migrant Smuggling Protocol – supplementing the United Nations Convention Against Transnational Organized Crime. In order to comply with the Migrant Smuggling Protocol, Article 6 also requires States to criminalize both smuggling of migrants and enabling of a person to remain in a country illegally in order to obtain, directly or indirectly, a financial or other material benefit as well as aggravating circumstances that endanger lives or safety, or entail inhuman or degrading treatment of migrants. By virtue of Article 5, migrants shall not become liable to criminal prosecution for the fact of having been smuggled under the Migrant Smuggling Protocol. It is therefore to be understood that the Migrant Smuggling Protocol aims to target migrant smugglers, not the people being smuggled. While most researchers refer to the Migrant Smuggling Protocol, some authors have developed a broader definition referring to the sociological characteristics of migrant smuggling. According to Van Liempt, a broader definition is necessary in order to properly reflect the changing character of intermediary structures in international migration processes and to shed a light on the possible criminal character of smuggling. From a sociological perspective, migrant smuggling may then include every act lying on a continuum between altruism and organized crime. Doomernik defines migrant smuggling as “every act whereby an immigrant is assisted in crossing international borders whereby this crossing is not endorsed by the government of the receiving state, neither implicitly nor explicitly”. To the extent that the literature available making a distinction to be made, the issues of “irregular migration” and “trafficking in persons” are deliberately not covered per se by this thematic review, despite the fact that these phenomena are closely connected with migrant smuggling in practice. The overall objective of the report is to enhance the concrete understanding of this phenomenon by looking at the following issues: - Chapter 2 will look at legal definitions of closely connected issues and the conceptualization of migrant smuggling; - Chapter 3 will look at the methodology currently applied for researching migrant smuggling; - Chapter 4 will discuss the strengths and limitations of the methods used to quantify irregular migration and migrant smuggling. It will also consider the current state of knowledge – or lack thereof – regarding smuggling trends, geography and organization of travel in different regions; - Chapter 5 will include a discussion about the motivations (root causes) and profile of smuggled migrants; - Chapter 6 will discuss the profile of migrant smugglers and motivations; - Chapter 7 will analyse smuggler-migrant relationships; - Chapter 8 will discuss the organizational structures of smuggling networks in different regions of the world; - Concrete recruitment processes and fees are discussed in chapter 9. The different methods to smuggle (basic transfer services versus all-inclusive service with travel visa smuggling, forged documents) but also the role of corruption as a cause and consequence of migrant smuggling will be considered; - Chapter 10 will be devoted to the human and social costs of migrant smuggling. The research is based on literature available in English and French language, such as journalistic books, reports and academic articles. Research reports published by international organizations and NGOs were also considered. Neither the annotated bibliography, nor the thematic review pretends to be comprehensive. Rather, they are conceived as a summary of existing knowledge and identified gaps based on the most recent and relevant research available. Details: Vienna: UNODC, 2010. 163p. Source: Internet Resource: Accessed September 3, 2010 at: http://www.unodc.org/documents/human-trafficking/Marian/Smuggling_of_Migrants_A_Global_Review.pdf Year: 2010 Country: International URL: http://www.unodc.org/documents/human-trafficking/Marian/Smuggling_of_Migrants_A_Global_Review.pdf Shelf Number: 119735 Keywords: Human SmugglingHuman TraffickingIllegal AliensImmigrantsMigrantsOrganized Crime |
Author: Guild, Elspeth Title: Criminalisation of Migration in Europe: Human Rights Implications Summary: On 29 September 2008, the Council of Europe Commissioner for Human Rights (the Commissioner) issued a Viewpoint expressing his concern regarding the trend to criminalize the irregular entry and presence of migrants in Europe presented as part of a policy of migration management. He stated that ‘such a method of controlling international movement corrodes established international law principles; it also causes many human tragedies without achieving its purpose of genuine control.’ This Issue Paper builds on the concern of the Commissioner by examining, systematically, the human rights issues which arise from the phenomenon in Council of Europe member states of criminalisation of border crossing by people and of their presence on the territory of a state. Details: Strasbourg: Council of Europe, Commissioner for Human Rights, 2010. 53p. Source: Internet Resource: Issue Paper: Accessed September 7, 2010 at: http://www.statewatch.org/news/2010/feb/coe-hamm-criminalisation-of-migration.pdf Year: 2010 Country: Europe URL: http://www.statewatch.org/news/2010/feb/coe-hamm-criminalisation-of-migration.pdf Shelf Number: 119761 Keywords: Human RightsIllegal AliensImmigrantsImmigration |
Author: Mortensen, Ronald W. Title: Illegal, but Not Undocumented: Identity Theft, Document Fraud, and Illegal Employment Summary: This backgrounder examines illegal immigration-related document fraud and identity theft that is committed primarily for the purpose of employment. It debunks three common misconceptions: illegal aliens are “undocumented;” the transgressions committed by illegal aliens to obtain jobs are minor; and illegal-alien document fraud and identity theft are victimless crimes. It discusses how some community leaders rationalize these crimes, contributing to a deterioration of the respect for laws in our nation, and presents a variety of remedies, including more widespread electronic verification of work status (E-Verify and the Social Security Number Verification Service) and immigrant outreach programs to explain the ramifications and risks of document fraud and identity theft. Details: Washington, DC: Center for Immigration Studies, 2009. 19p. Source: Internet Resource: Accessed September 10, 2010 at: http://www.cis.org/articles/2009/back809.pdf Year: 2009 Country: United States URL: http://www.cis.org/articles/2009/back809.pdf Shelf Number: 119781 Keywords: Document FraudIdentity TheftIllegal AliensImmigrantsImmigration |
Author: Guruge, Sepali Title: Older Women's Perceptions of and Responses to Abuse and Neglect in the Post-Migration Context Summary: They are a minority within a minority and their very invisibility heightens their vulnerability to exploitation. Older immigrant women are not a group one would normally think of being victims of abuse or neglect, and not much Canadian research exists on these women’s experiences in a post-migration context. This research explores the experiences of older Tamil women, provides critical insight into these women’s experiences of – and their responses to – abuse and neglect. It examines how factors at the individual, community and societal levels have shaped these women’s experiences. Key opportunities for prevention and intervention both within and across new communities are discussed. Details: Toronto: Wellesley Institute, Centre for Urban Health Initiatives, 2010. 19p. Source: Internet Resource: Accessed September 21, 2010 at: http://www.wellesleyinstitute.com/category/publication-papers/ Year: 2010 Country: Canada URL: http://www.wellesleyinstitute.com/category/publication-papers/ Shelf Number: 119850 Keywords: Abused WomenElder Abuse and NeglectImmigrantsImmigration |
Author: Baum, Jonathan Title: In the Child's Best Interest? The Consequences of Losing a Lawful Immigrant Parent to Deportation Summary: Congress is considering a comprehensive overhaul of the nation’s immigration laws more than a decade after the enactment of strict immigration measures. Lawmakers should take this opportunity to reaffirm the nation’s historic commitment to family unity by addressing the discrete provisions that currently undermine it. Current U.S. immigration laws mandate deportation of lawful permanent resident (LPR) parents of thousands of U.S. citizen children, without providing these parents an opportunity to challenge their forced separations. Through a multi-disciplinary analysis, this policy brief examines the experiences of U.S. citizen children impacted by the forced deportation of their LPR parents and proposes ways to reform U.S. law consistent with domestic and international standards aimed to improve the lives of children. This report includes new, independent analysis of U.S. Department of Homeland Security (DHS) data. We estimate that more than 100,000 children have been affected by LPR parental deportation between 1997 and 2007, and that at least 88,000 of impacted children were U.S. citizens. Moreover, our analysis estimates that approximately 44,000 children were under the age of 5 when their parent was deported. In addition to these children, this analysis estimates that more than 217,000 others experienced the deportation of an immediate family member who was an LPR. The report concludes with a number of recommendations. Details: Berkeley, CA; Davis, CA: International Human Rights Law Clinic; Chief Earl Warren Institute on Race, Ethnicity and Diversity, University of California, Berkeley, School of Law; Immigration Law Clinic, University of California, Davis, School of Law, 2010. 19p. Source: Internet Resource: Accessed September 21, 2010 at: http://www.law.ucdavis.edu/news/images/childsbestinterest.pdf Year: 2010 Country: United States URL: http://www.law.ucdavis.edu/news/images/childsbestinterest.pdf Shelf Number: 119837 Keywords: DeportationImmigrantsImmigration |
Author: Kercher, Glen Title: Victimization of Immigrants Summary: There is little published research on the victimization experiences of Asian and Hispanic immigrants to this country. That which does exist often is based on the impressions of police officers and district attorneys. There are a few studies which look at a particular immigrant group, but little focus on one geographical area and the different ethnicities residing there. Because Houston has an ever increasing number of foreign born residents, learning about their experiences is important to ensuring their safety and providing needed services. This report not only presents information on victimization experiences, but also on what influences whether victims seek assistance. Details: Houston, TX: Crime Victims' Institute, Crime and Justice Center, Sam Houston State University, 2008. 39p. Source: Internet Resource: Accessed October 8, 2010 at: http://www.crimevictimsinstitute.org/documents/ImmigrantVictimizationfinalcorrected.pdf Year: 2008 Country: United States URL: http://www.crimevictimsinstitute.org/documents/ImmigrantVictimizationfinalcorrected.pdf Shelf Number: 119890 Keywords: ImmigrantsVictimizationVictims of Crimes |
Author: Burnett, Jon Title: State Sponsored Curelty: Children in Immigration Detention Summary: This report presents key findings from the UK’s first large scale investigation into the harms caused by detaining children. Immigration detention is indefinite. In 2001 the New Labour government made a decision to detain families for immigration purposes, in the same way as single adults. This culminated in the detention of as many as 1,000 children a year in three Immigration Removal Centres (IRCs); Yarl’s Wood near Bedford, Tinsley House at Gatwick Airport, and Dungavel near Strathaven, Scotland. In 2010 the coalition government pledged to end the detention of children. Prime Minister David Cameron said ‘after the Labour Government failed to act for so many years, we will end the incarceration of children for immigration purposes once and for all’. However, the power to detain children still remains along with continued ‘dawn raids’, taking children into temporary care, and the separation of family members in order to force them to leave the UK. Details: London: Medical Justice, 2010. 79p. Source: Internet Resource: Accessed October 9, 2010 at: http://http://www.medicaljustice.org.uk/images/stories/reports/sscfullreport.pdf Year: 2010 Country: United Kingdom URL: http://http://www.medicaljustice.org.uk/images/stories/reports/sscfullreport.pdf Shelf Number: 119901 Keywords: Child MaltreatmentHuman RightsImmigrant DetentionImmigrantsImmigration |
Author: 11 Million Title: The Children's Commissioner for England's Follow Up Report to: The Arrest and Detention of Children Subject to Immigration Control Summary: This report concerns the third visit of the Children’s Commissioner to Yarl’s Wood Immigration Removal Centre which took place in October 2009. It follows on from our visit in May 2008 and the subsequent report The Arrest and Detention of Children Subject to Immigration Control (2009). The aim of this report is to examine the progress made in addressing the concerns raised regarding children’s experience of the immigration removal process and detention. In doing so we are mindful of our statutory duty to promote awareness of the views and interests of children in England and to have awareness of the United Nations Convention on the Rights of the Child. The Children Act 2004 also requires the Commissioner to have particular regard to groups of children who do not have other adequate means by which they can make their views known. While we fully acknowledge the Government’s right to determine who is allowed to stay in this country, my contention remains that detention is harmful to children and therefore never likely to be in their best interests, and we continue to argue that the detention of children for immigration control should cease. Details: London: 11 Million, 2010. 82p. Source: Internet Resource: Accessed October 13, 2010 at: http://www.childrenscommissioner.gov.uk/ Year: 2010 Country: United Kingdom URL: http://www.childrenscommissioner.gov.uk/ Shelf Number: 119938 Keywords: Immigrant ChildrenImmigrant DetentionImmigrantsJuvenile Detention |
Author: Wilson, Christopher E. Title: Immigration and Security: Does the New Immigration Law Protect the People of Arizona? Summary: On July 29, the first pieces of Arizona’s new immigration law, SB 1070, take effect without the most controversial parts of the legislation. The sections that mandated that Arizona police enforce federal immigration laws have been blocked by a federal judge pending further review. If fully implemented, the law would direct police to ascertain the immigration status of people they stop or detain while enforcing other laws, make it a state crime for immigrants to not have papers documenting legal status in their possession, and otherwise increase state pressure on unauthorized (some would say all) immigrants. Public opinion on the law is conflicted. Despite concerns by a majority of U.S. residents that the law may promote racial profiling or represent an unconstitutional usurpation of federal authority, the law enjoys broad popular support in Arizona and the nation. Recent polls have found that 60% of Americans and 55% of Arizonans are in favor of SB 1070. However, nationally 54% fear that the law will lead to racial profiling. While most of the current media attention is focusing on the legal challenges and potential effects of the law on civil rights, this analysis explores whether the law, intended address public security concerns in Arizona, would effectively achieve this goal. Too often, immigrants that enter the U.S. in search of economic opportunities are confused with the drug traffickers and organized crime groups that also illegally cross the U.S.-Mexico border. To the extent that these two groups are conflated, effective policy regarding immigration and border security is much less likely to be implemented. Details: Washington, DC: Woodrow Wilson INternational center for Scholars, Mexico Institute, 2010. 6p. Source: Internet Resource: Accessed November 2, 2010 at: http://www.wilsoncenter.org/topics/docs/Immigration%20and%20Security%20in%20Arizona%207.28.pdf Year: 2010 Country: United States URL: http://www.wilsoncenter.org/topics/docs/Immigration%20and%20Security%20in%20Arizona%207.28.pdf Shelf Number: 120158 Keywords: Border SecurityIllegal AliensImmigrantsImmigration |
Author: Lopez, Mark Hugo Title: Illegal Immigration Backlash Worries, Divides Latinos Summary: The 2010 National Survey of Latinos (NSL) focuses on the views and opinions of Latinos about immigrants, illegal immigration and immigration policy. The survey was conducted from August 17 through September 19, 2010, among a randomly selected, nationally representative sample of 1,375 Latino adults, 542 of whom are native born and 833 of whom are foreign born. Details: Washington, DC: Pew Hispanic Center, 2010. 43p. Source: Internet Resource: Accessed November 3, 2010 at: http://pewhispanic.org/files/reports/128.pdf Year: 2010 Country: United States URL: http://pewhispanic.org/files/reports/128.pdf Shelf Number: 120170 Keywords: HispanicsIllegal AliensIllegal ImmigrationImmigrants |
Author: Parker, Alison Title: Locked Up Far Away: The Transfer of Immigrants to Remote Detention Center in the United States Summary: Immigrants who face deportation proceedings in the United States — whether they are legal permanent residents, refugees, or undocumented persons — increasingly are being transferred to remote detention centers by the US Immigration and Customs Enforcement agency (ICE). Many immigrants are first arrested and detained in major cities like Los Angeles or Philadelphia— places where immigrants have lived for decades, and where their family members, employers, and attorneys also live. Days or months later, with no notice, immigrants are loaded onto planes for transport to detention centers in remote corners of states such as Texas or Louisiana. Once transferred, immigrants are so far away from their lawyers, evidence, and witnesses that their ability to defend themselves in deportation proceedings is severely curtailed. Locked Up Far Away shows that such detainee transfers are numerous and rapidly increasing; 1.4 million transfers occurred between 1999 and 2008, and the annual number of transfers increased four-fold during this period. As an agency responsible for the custody and care of hundreds of thousands of people each year, it is clear that ICE will sometimes need to transfer detainees. However, this report asks whether all or most detainee transfers are truly necessary, especially in light of how they interfere with immigrants’ rights to be represented by counsel, to present witnesses and evidence in their defense, and to fair immigration procedures. Immigrant detainees should not be treated like so many boxes of goods—shipped to the location where it is most convenient for ICE to store them. An agency charged with enforcing the laws of the United States should not need to resort to a chaotic system of moving detainees around the country in order to achieve efficiency. Instead, ICE should allow reasonable and rights-protective checks on its transfer power. Transfers do not need to stop entirely in order for ICE to respect detainees’ rights; they merely need to be reduced through the establishment of reasonable guidelines. The nation’s state and federal prisons operate effectively with such guidelines in place, and ICE should be able to do so as well. Details: New York: Human Rights Watch, 2009. 97p. Source: Internet Resource: Accessed November 4, 2010 at: http://www.hrw.org/en/node/86789 Year: 2009 Country: United States URL: http://www.hrw.org/en/node/86789 Shelf Number: 120182 Keywords: Illegal AliensImmigrant DetentionImmigrants |
Author: Passel, Jeffrey S. Title: U.S. Unauthorized Immigration Flows Are Down Sharply Since Mid-Decade Summary: The annual inflow of unauthorized immigrants to the United States was nearly two-thirds smaller in the March 2007 to March 2009 period than it had been from March 2000 to March 2005, according to new estimates by the Pew Hispanic Center. This sharp decline has contributed to an overall reduction of 8% in the number of unauthorized immigrants currently living in the U.S.-to 11.1 million in March 2009 from a peak of 12 million in March 2007, according to the estimates. The decrease represents the first significant reversal in the growth of this population over the past two decades. Details: Washington, DC: Pew Hispanic Center, 2010. 28p. Source: Internet Resource: Accessed November 4, 2010 at: http://pewhispanic.org/files/reports/126.pdf Year: 2010 Country: United States URL: http://pewhispanic.org/files/reports/126.pdf Shelf Number: 120183 Keywords: Illegal AliensImmigrantsImmigration |
Author: Police Executive Research Forum Title: Critical Issues in Policing Series: Police Chiefs and Sheriffs Speak Out On Local Immigration Enforcement Summary: This report provides detailed information about the growing concern of police chiefs across the nation about the illegal immigration issue. Specifically, the key question is the extent to which local police and sheriffs’ agencies should be involved in enforcing federal immigration laws. This report provides the results of a survey that PERF conducted on this issue, as well as the views of local police executives who participated in a PERF Summit. The Summit produced consensus among the chiefs on several points, including the view that it is appropriate to check suspects’ immigration status at the time of arrest and booking for serious offenses. Chiefs expressed several concerns about increased local enforcement, particularly that they lack sufficient personnel to take on the task, and that enforcement can undermine the trust between police and immigrant community members. Details: Washington, DC: Police Executive Research Forum, 2008. 117p. Source: Internet Resource: Accessed December 6, 2010 at: Year: 2008 Country: United States URL: Shelf Number: 120392 Keywords: Illegal ImmigrationImmigrantsImmigration Laws |
Author: Ricupero, Isabel Title: Immigration Detention and the Law: U.S. Policy and Legal Framework Summary: One year ago, in August 2009, the Barack Obama administration announced that it intended to transform the much criticized U.S. immigration detention regime into a “truly civil detention system.” Among the planned changes were reducing the number of jails and prisons used to confined immigration detainees, implementing closer oversight of detention centers, improving the treatment of detainees, and restricting controversial practices like the detention of children. Between then and now, the country has seen the debate over immigration become increasingly heated and divisive, fanned by the passage of contentious state laws like Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act.” This Global Detention Project working paper, “Immigration Detention and the Law: U.S. Policy and Legal Framework,” is intended to assist scholars, activists, practitioners, and concerned members of the public in taking stock of the current state of U.S. immigration detention policies. The paper covers everything from the country’s relevant international legal commitments and the grounds for detention provided in domestic law, to recent court rulings on the rights of detainees and the increasing trend in criminalizing immigration violations, particularly at the state and local level. Details: Geneva: Global Detention Project, Programme for the Study of Global Migration, The Graduate Institute, 2010. 48p. Source: Internet Resource: Accessed December 14, 2010 at: http://www.globaldetentionproject.org/fileadmin/docs/US_Legal_Profile.pdf Year: 2010 Country: United States URL: http://www.globaldetentionproject.org/fileadmin/docs/US_Legal_Profile.pdf Shelf Number: 120503 Keywords: Immigrant DetentionImmigrantsImmigration |
Author: Beresford, Elizabeth Title: Migrant Women and Children at Risk: In Custody in Arizona Summary: A Women’s Refugee Commission delegation traveled to Arizona in June 2010 to monitor detention conditions and compliance with relevant detention standards, assess progress towards detention reform and further explore the impact of immigration enforcement and detention on family unity and parental rights. We faced numerous research barriers, including difficulty in gaining access to one of the two adult detention centers, an inability to interview adult detainees for whom we did not have preapproved signed consent forms and delay—and ultimately denial—of our request to visit the Nogales U.S. Border Patrol station and meet with Border Patrol staff. These incidents happened despite our constructive working relationship with Immigration and Customs Enforcement (ICE) headquarters in Washington, D.C., and suggest a resistance to reform and transparency at the field operations level as well as obstacles within Border Patrol at the headquarters level. These limitations also left our assessment with what should have been avoidable gaps. Key Findings • Despite efforts at policy reform within ICE, the detention system continues to be plagued by a lack of transparency and access, ineffective standards and monitoring and the unnecessary use of detention for vulnerable populations who pose no threat to our safety. • At adult facilities, conditions of care violate the 2000 and the 2008 detention standards, including lack of access to religious services and recreation, inadequate medical care and lack of grievance procedures. Adults and children reported abuse and deprivation of basic necessities (food and water) at U.S. Border Patrol facilities. • An increasing number of children in immigration custody are coming from Mexico, including many who are forced to smuggle people and drugs. Many children in care are on medication for mental health issues. • Family reunifications of unaccompanied children, appear to be decreasing, possibly as a result of fear created by the expansion of immigration enforcement. • Detained women involved in custody cases are almost universally unable to participate in them. Details: New York: Women's Refugee Commission, 2010. 9p. Source: Internet Resource: Accessed December 16, 2010 at: http://womensrefugeecommission.org/reports/cat_view/68-reports/71-detention-a-asylum Year: 2010 Country: United States URL: http://womensrefugeecommission.org/reports/cat_view/68-reports/71-detention-a-asylum Shelf Number: 120526 Keywords: Illegal AliensImmigrant Detention (Arizona)Immigrants |
Author: Carey, Emily P. Title: Outsourcing Responsibility: The Human Cost of Privatized Immigration Detention in Otero County Summary: On June 23, 2008, the Otero County Processing Center opened its doors in the rural border community of Chaparral, Otero County, New Mexico. Owned by Otero County and operated by the private prison contractor Management and Training Corporation (MTC), the facility has the capacity to house up to 1,086 immigrants through an exclusive contract with Immigration and Customs Enforcement (ICE). As one of the only organizations in New Mexico monitoring civil liberties, the American Civil Liberties Union of New Mexico (ACLU-NM) began receiving phone calls from attorneys and immigrant advocates across the country within days of the start of facility operations. Most of the immigrants in the facility are Mexican and Central American nationals apprehended in the area, while others have been transferred from cities like New York, Los Angeles, Boston, and Miami and originated from countries all over the world. The ACLU of New Mexico started to assist immigrants held by ICE far beyond the sixmonth limit established by the U.S. Supreme Court in Zadvydas v. Davis after they had been ordered removed by an immigration judge. In the course of this work, advocates, detainees, and family members of detainees approached ACLU representatives with other concerns about the facility including racial and religious discrimination, inadequate medical and mental health care treatment, arbitrary use of segregation, and intimidation and humiliation tactics. The ACLU monitored for patterns of civil and human rights violations and sought resolution in individual cases where abuse was egregious to protect the health and well being of detained immigrants. Local ICE officials were responsive in most of these cases. This report stems from interviews with more than 200 immigrants detained at the Otero County Processing Center from the time the facility became operational. Outside the boundaries of New Mexico, Otero became known in the advocacy communities as “The Hub” because of all of the immigrants arriving from out of state. In New Mexico, however, local, state, and federal elected officials, the general public, and even some immigrant advocates were not aware of the facility’s existence. For many, the Otero County Processing Center represents a national trend in immigration detention that relies on facilities built in remote locations, lacking legal and community resources for informal oversight, and managed by private, for-profit corporations. This report was conceived out of the desire to learn more about what happens inside the walls of the facility and to raise awareness in New Mexico of the role our state now plays in this matter of national concern. Details: Las Cruses, NM: American Civil Liberties Union of New Mexico, 2011. 79p. Source: Internet Resource: Accessed February 1, 2011 at: http://aclu-nm.org/wp-content/uploads/2011/01/OCPC-Report.pdf Year: 2011 Country: United States URL: http://aclu-nm.org/wp-content/uploads/2011/01/OCPC-Report.pdf Shelf Number: 120645 Keywords: Immigrant DetentionImmigrantsImmigrationPrivatization |
Author: Martin, David A. Title: Immigration Enforcement: Beyond the Border and the Workplace Summary: New immigration legislation must include changes to achieve effective and resolute enforcement of the immigration laws. Merely beefing up border policing (currently the most popular enforcement strategy) is insufficient. Over the last decade, the influx of unauthorized migrants has reached record levels even though border enforcement has greatly expanded, primarily because migrants know that getting past the border opens wide opportunities in the US job market, owing to the near absence of enforcement there. The most important reform is therefore well-crafted workplace screening. Because border and workplace enforcement have been addressed elsewhere, this policy brief offers suggestions for other key enforcement improvements that Congress and the executive branch should implement. Primarily, reform should: 1. Assure that removal orders are enforced by: • expanding the use of fugitive operations teams; • wider application of civil and criminal penalties to absconders, including legislative changes to facilitate civil levies; • more strategic use of detention, including in connection with supervised release programs modeled on a Vera Institute pilot project; • shortening hearing times while preserving due process, including testing the efficiency effects of government-provided counsel through a limited pilot project. 2. Build better protections against fraud into the systems leading to a grant of benefits, rather than relying on after-the-fact prosecutions or revocations 3. Mainstream immigration enforcement, including through carefully structured engagement of state and local officers, while assuring that the central roles are played by federal officers expert in immigration law. Details: Washington, DC: Migration Policy Institute, 2006. 15p. Source: Internet Resource: Policy Brief, No. 19: Accessed February 1, 2011 at: http://www.migrationpolicy.org/ITFIAF/TF19_Martin.pdf Year: 2006 Country: United States URL: http://www.migrationpolicy.org/ITFIAF/TF19_Martin.pdf Shelf Number: 120651 Keywords: Border PatrolBorder SecurityIllegal ImmigrationImmigrants |
Author: Great Britain. Home Office Title: Users' Views of the Points-Based System Summary: This report presents a summary of findings from research conducted with applicants, sponsors and UK Border Agency staff regarding their experiences of the new Points-Based System (PBS), which was introduced in February 2008. The PBS is described in more detail in section 1 of the main report. The aim of this research was to explore how the PBS was being received by those using it in its early stages and to identify potential areas for improvement. The UK Border Agency was keen to gather evidence from a range of different users, including Tier 1, 2 and 5 applicants who had applied to work in he UK, as well as their sponsors and representatives, and UK Border Agency staff. Details: London: Home Office, 2011. 25p. Source: Internet Resource: Research Report 49: Accessed February 2, 2011 at: http://rds.homeoffice.gov.uk/rds/pdfs11/horr49c.pdf Year: 2011 Country: United Kingdom URL: http://rds.homeoffice.gov.uk/rds/pdfs11/horr49c.pdf Shelf Number: 120656 Keywords: Border SecurityImmigrantsImmigration (U.K.) |
Author: Flynn, Michael Title: Immigration Detention and Proportionality Summary: Immigration detention is characterized by a tension between the prerogatives of sovereignty and the rights of non-citizens. While states have broad discretion over who is allowed to enter and reside within their borders, their decision to detain and deport is constrained by a number of widely accepted norms and principles. One of these is the principle of proportionality, which provides that any decision to deprive a person of his or her liberty must be proportionate to specific ends established in law. Typically, questions of proportionality are raised in the context of individual legal cases to assess the necessity or potential arbitrariness of detention measures. For instance, in a well known case concerning the long-term detention of a Cambodian asylum seeker in Australia, the UN Human Rights Committee1 ruled that Australia failed to provide justification for holding the person in detention for more than four years, arguing that “remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case, for example to prevent flight or interference with evidence: the element of proportionality becomes relevant in this context” (A v. Australia 1997: para 9.2). This Global Detention Project working paper argues that the proportionality principle, despite its close association to individual legal cases, can also be used as a lens through which to assess the operations of detention centres, as well as overall detention regimes. In particular, the paper focuses on the intimate association between immigration detention and criminal incarceration as well as the institutional framework of detention estates, both of which raise a number questions about whether detention practices are proportionate to the administrative aims of immigration policy. The opening sections of this paper describe its focus—the detention centre itself — and provide a detailed definition of the phenomenon of immigration-related detention. The paper then advances a model for constructing data on detention centres that can assist comparative study of detention estates. It concludes by proposing and carefully characterizing a discrete list of variables that can be used to assess these regimes according to various applications of the proportionality principle. Details: Geneva: Global Detention Project, 2011. 32p. Source: Internet Resource: Global detention Project Working Paper No. 4: Accessed February 24, 2011 at: http://www.globaldetentionproject.org/fileadmin/publications/GDP_detention_and_proportionality_workingpaper.pdf Year: 2011 Country: International URL: http://www.globaldetentionproject.org/fileadmin/publications/GDP_detention_and_proportionality_workingpaper.pdf Shelf Number: 120876 Keywords: Immigrant DetentionImmigrantsImmigration |
Author: Hoefer, Michael Title: Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2010 Summary: This report provides estimates of the number of unauthorized immigrants residing in the United States as of January 2009 by period of entry, region and country of origin, state of residence, age, and gender. In summary, DHS estimates that the unauthorized immigrant population living in the United States decreased to 10.8 million in January 2009 from 11.6 million in January 2008. Between 2000 and 2009, the unauthorized population grew by 27 percent. Of all unauthorized immigrants living in the United States in 2009, 63 percent entered before 2000, and 62 percent were from Mexico. Details: Washington, DC: Office of Immigration Statistics, U.S. Department of Homeland Security, 2011. 7p. Source: Internet Resource: Accessed February 28, 2011 at: http://www.ilw.com/immigrationdaily/news/2010,0210-unauthorized.pdf Year: 2011 Country: United States URL: http://www.ilw.com/immigrationdaily/news/2010,0210-unauthorized.pdf Shelf Number: 120883 Keywords: Illegal AliensIllegal ImmigrationImmigrants |
Author: Mendoza, Carmen Title: Law Enforcement Services to a Growing International Community: An Effective Practices Manual Summary: The Charlotte-Mecklenburg Police Department, like police departments all over North Carolina and the nation, is faced with the challenges of providing effective services in an ever-changing global society. Charlotte-Mecklenburg experienced three digit growths in immigration since 1990, according to the 2000 U.S. Census. Therefore, we had to ask ourselves how we are including and providing services to those who are new to our country and our community. In 2000, Chief of Police Darrel W. Stephens created the International Relations Unit (IRU). The unit started in November of 2000, but the process began in 1997. CMPD began the process in 1997 by evaluating the issues that affected our ability to provide services to our largest international population, the Hispanic community. The goal was to provide a foundation for the future, a model to meet the needs of our future international communities as they arose. In the spring of 2000, we updated the plan and made additional recommendations. One of those recommendations was to form an International Relations Unit. The International Relations Unit began in November of 2000 with a mandate to become a county-wide resource committed to improving the quality of life, reducing crime and fostering mutual trust and respect with members of the international community. This has not always been a smooth process. The IRU quickly learned that the identified issues were just an introduction to the challenges facing the Charlotte-Mecklenburg Police Department and the county. We realized that there were many underlying factors that hindered effective policing of our international population. In order to overcome these barriers, we had to work differently. We started with educating ourselves and developing an understanding of the needs and perceptions of our international community. This information provided a scale to the challenges and emphasized the importance of forming partnerships. The importance of forming partnerships and not trying to do everything alone cannot be emphasized enough. We are all stronger when we work together. We also have to remain flexible and be willing to make necessary adjustments. The CMPD/IRU constantly evolves as we identify and address new needs and issues. This manual is not just about the International Relations Unit. It is a culmination of efforts by the entire Charlotte-Mecklenburg Police Department and its many partners. The IRU is a resource and a support unit, one spoke of many in the wheel. The officers of the International Relations Unit were chosen in part based on their past efforts in problem solving and the officer’s skills in language and cultural awareness. IRU officers have experience as community police officers and as detectives. This manual is largely based on the observations, training, and experience of officers in the International Relations Unit. It will present the process used in developing our unit and initiatives. This manual is not only about the successes but also the hurdles. Charlotte-Mecklenburg Police Department International Relations Unit The International Relations Unit Effective Practices Manual will focus on the following: • Immigration trends and the challenges they pose to providing effective law enforcement services to the international community • The evaluation process for implementing an International Relations Unit or initiatives that overcome barriers to effective policing in the international community • Developmental process and operations of an International Relations Unit • Recommendations for overcoming challenges of providing effective police services to an international community • Ways to form collaborative partnerships that will improve government agencies’ relationship with the international community. Details: Charlotte, NC: Charlotte-Mecklenburg Police Department, International Relations Unit, 2004. 121p. Source: Internet Resource: Accessed March 8, 2011 at: http://www.ncgccd.org/PDFs/iru.pdf Year: 2004 Country: United States URL: http://www.ncgccd.org/PDFs/iru.pdf Shelf Number: 120892 Keywords: ImmigrantsImmigrationPolice-Community RelationsProblem-Oriented Policing |
Author: Hoffmaster, Debra A. Title: Police and Immigration: How Chiefs Are Leading their Communities through the Challenges Summary: Local police and sheriffs’ departments increasingly are being drawn into a national debate about how to enforce federal immigration laws. In many jurisdictions, local police are being pressured to take significantly larger roles in what has traditionally been a federal government responsibility. This is not a simple matter for local police. Active involvement in immigration enforcement can complicate local law enforcement agencies’ efforts to fulfill their primary missions of investigating and preventing crime. While no two communities are affected by immigration in the same way, the current system creates a number of challenges for local police, such as understanding an extremely complicated set of federal laws and policies, and working to develop trust and cooperation with undocumented immigrants who are victims of or witnesses to crime. For several years now, PERF has been focusing attention on the question of illegal immigration and its impact on local police departments. Immigration laws are federal statutes, so this is fundamentally a matter for the federal government to decide. But Congress has not been able to pass any comprehensive immigration reform legislation. Arizona’s passage in April 2010 of SB 1070, a new law designed to expand the role of local police in immigration enforcement, and the Obama Administration’s decision to challenge the Constitutionality of this state law in federal court, have focused national attention on the question of federal, state, and local enforcement of immigration laws. In the meantime, many local communities and police agencies are struggling to devise local policies and strategies that reflect their own values and are consistent with the federal government’s efforts, which seem to ebb and flow with changing Administrations. This publication explores the role of six leading police departments in their communities’ immigration debates, and how they navigated the challenges and pressures surrounding the immigration issue. Our six case-study jurisdictions were not chosen at random; these six cities have experienced some of the most contentious local battles on this issue in recent memory. The case studies were conducted between December 2008 and September 2009. The goal of this report is to provide a base of information about what police are currently doing regarding immigration enforcement. Following are brief summaries of the six case studies. Each chapter concludes with a set of lessons learned and guiding principles for dealing with immigration issues. In addition, a concluding chapter includes a set of Recommendations for Congress and the Obama Administration, and Recommendations for Local Police Agencies. These recommendations are based on the lessons learned in the six case studies as well as through a National Summit on Immigration Enforcement held in July 2009 in Phoenix. Details: Washington, DC: Police Executive Research Forum, 2010. 96p. Source: Internet Resource: Accessed March 18, 2011 at: http://www.policeforum.org/library/immigration/PERFImmigrationReportMarch2011.pdf Year: 2010 Country: United States URL: http://www.policeforum.org/library/immigration/PERFImmigrationReportMarch2011.pdf Shelf Number: 121077 Keywords: Illegal AliensIllegal ImmigrationImmigrantsImmigration EnforcementImmigration LawsPolicing |
Author: Kelly, Mark Title: Immigration-Related Detention in Ireland Summary: Until recently, it was comparatively rare for people to be detained for immigration-related reasons in Ireland. However, over the last few years, a range of statutory detention powers has been introduced to authorise the detention – in Garda Síochána stations and prisons – of: • people refused permission to land • applicants for asylum and • people due to be deported. In addition, people may be held in prison on remand (i.e. awaiting trial) for immigration-related reasons. Official figures published for the first time in this report show that, in 2003-2004, a total of 2,798 people were held in prison for immigration-related reasons. In 2004, some two thirds of those detained were held in prison for periods of longer than 51 days. This report provides a detailed description of the legal framework that applies to immigration-related detainees, outlines the legal authority on which people can be detained, lists the authorised places of detention in which they can be held, and identifies possibilities for them to appeal against their detention and/or request that its legality be reviewed. This is the first time that an up-to-date synthesis of the law in this area has been published. The report also examines the formal legal safeguards that are offered to persons detained for immigration-related reasons and benchmarks these against international human rights standards. Details: Dublin: Human Rights Consultants, 2005. 71p. Source: Internet Resource: Accessed March 28, 2011 at: http://idcoalition.org/wp-content/uploads/2009/06/irc-detention-report-2005.pdf Year: 2005 Country: Ireland URL: http://idcoalition.org/wp-content/uploads/2009/06/irc-detention-report-2005.pdf Shelf Number: 121145 Keywords: Immigrant Detention (Ireland)ImmigrantsImmigration |
Author: Heikkila, Elli Title: Working Together for Better Integration -- Immigrants, Police and Social Work Summary: This book contains 25 examples of good collaborative practices between the police, social work and immigrants in five European countries. The collection of these good practices has been completed as part of a European project called IPS. IPS stands for Immigrants, Police and Social Work; the project has been conducted in Finland, the Netherlands, Spain, Sweden, and the UK between December 2009 and June 2011. The European Fund for the Integration of Third Country Nationals funds the IPS project to identify how police officers and social workers could work more eff ectively together to promote the integration of third-country nationals (persons coming from outside the European Union member states) into their new nation state. In addition to the research on good and promising practices, there are two other objectives in the IPS project: an overview of the existing education materials concerning intercultural competences in further education, and the model for the joint educational program for police officers and social workers in each partner country. The publication of this book aims to address several objectives, including: – contributing to the effective education of European police officers and social workers – promoting education within a multicultural context where these examples of the good and most promising practices can be used as case studies. Diff erent countries face different problems concerning police and social work cooperation and this publication adds to mutual learning and understanding of integration issues in European societies. The aim is to open up new perspectives, describe different ways of working in diff erent countries and to inspire others to develop their own work practices. Finally, coming to the main purpose of the IPS project, we hope that this book can help to improve the intercultural competences of police officers and social workers working with immigrant communities, so that in the end “old” and “new” neighbours can be better supported in the two-way integration process in the different member states and that the diff erent states can fully maximise the potential immigrant contribution. Details: Turku, Finland: Institute of Migration, 2011. 195p. Source: Internet Resource: Accessed April 11, 2011 at: http://www.migrationinstitute.fi/pdf/IPS-C18.pdf Year: 2011 Country: Europe URL: http://www.migrationinstitute.fi/pdf/IPS-C18.pdf Shelf Number: 121311 Keywords: Immigrant CommunitiesImmigrantsImmigrationMulticultural Policing (Europe)Social Work |
Author: U.S. Department of Homeland Security. Office of Inspector General Title: Management of Mental Health Cases in Immigration Detention Summary: Immigration and Customs Enforcement apprehends, detains, and removes illegal aliens from the United States. Aliens in custody must be provided with appropriate medical treatment and care. The Health Service Corp serves as the medical authority for Immigration and Customs Enforcement, and provides direct care or arranges for outside health care services to detained aliens in custody. The Immigration and Customs Enforcement’s Health Service Corps staffs only 18 of the nearly 250 detention centers nationwide and has limited oversight and monitoring for mental health cases across immigration detention centers. As a result, Immigration and Customs Enforcement is not fully aware of all detainees with mental health conditions, or the level of care being provided. The Health Service Corps has experienced persistent vacancies in mental health positions which have raised concerns about the effectiveness of provider care. As of August 2010, vacancy rates at 11 of the 18 facilities staffed with Health Service Corps employees were 50% or more. In addition, facilities were not always well-equipped to support the needs of detainees with mental illness or located in areas with access to community mental health care facilities. Immigration and Customs Enforcement needs to (1) establish a staffing plan that aligns staffing with the facilities’ mental health caseload, (2) make appropriate space available to provide needed treatment, (3) develop a classification system for facilities to determine the level of care that can be provided, (4) make timely requests for mental health information, (5) clarify decision-making authorities for detainee transfer decisions, (6) establish protocols for handling mental health information, (7) release guidance on custodians, and (8) develop field guidance for using specialty facilities. Details: Washington, DC: U.S. Department of Homeland Security, Office of Inspector General, 2011. 56p. Source: Internet Resource: OIG-11-62: Accessed April 22, 2011 at: http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_11-62_Mar11.pdf Year: 2011 Country: United States URL: http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_11-62_Mar11.pdf Shelf Number: 121475 Keywords: Illegal AliensImmigrant DetentionImmigrantsMental Health Care |
Author: Jeszeck, Charles A.: U.S. Government Accountability Office Title: Criminal Alien Statistics: Information on Incarcerations, Arrests, and Costs Summary: The Department of Homeland Security (DHS) estimated that as of fiscal year 2009 the total alien--non-U.S.-citizen--population was about 25.3 million, including about 10.8 million aliens without lawful immigration status. Some aliens have been convicted and incarcerated (criminal aliens). The federal government bears these incarceration costs for federal prisons and reimburses states and localities for portions of their costs through the Department of Justice's (DOJ) State Criminal Alien Assistance Program (SCAAP). GAO was asked to update its April and May 2005 reports that contained information on criminal aliens. This report addresses (1) the number and nationalities of incarcerated criminal aliens; (2) the types of offenses for which criminal aliens were arrested and convicted; and (3) the costs associated with incarcerating criminal aliens and the extent to which DOJ's methodology for reimbursing states and localities for incarcerating criminal aliens is current and relevant. GAO analyzed federal and SCAAP incarceration and cost data of criminal aliens from fiscal years 2003 through 2010, and conviction and cost data from five states that account for about 70 percent of the SCAAP criminal alien population in 2008. GAO analyzed a random sample of 1,000 criminal aliens to estimate arrest information due to the large volume of arrests and offenses. GAO also estimated selected costs to incarcerate criminal aliens nationwide using The number of criminal aliens in federal prisons in fiscal year 2010 was about 55,000, and the number of SCAAP criminal alien incarcerations in state prison systems and local jails was about 296,000 in fiscal year 2009 (the most recent data available), and the majority were from Mexico. The number of criminal aliens in federal prisons increased about 7 percent from about 51,000 in fiscal year 2005 while the number of SCAAP criminal alien incarcerations in state prison systems and local jails increased about 35 percent from about 220,000 in fiscal year 2003. The time period covered by these data vary because they reflect updates since GAO last reported on these issues in 2005. Specifically, in 2005, GAO reported that the percentage of criminal aliens in federal prisons was about 27 percent of the total inmate population from 2001 through 2004. Based on our random sample, GAO estimates that the criminal aliens had an average of 7 arrests, 65 percent were arrested at least once for an immigration offense, and about 50 percent were arrested at least once for a drug offense. Immigration, drugs, and traffic violations accounted for about 50 percent of arrest offenses. About 90 percent of the criminal aliens sentenced in federal court in fiscal year 2009 (the most recently available data) were convicted of immigration and drug-related offenses. About 40 percent of individuals convicted as a result of DOJ terrorism-related investigations were aliens. SCAAP criminal aliens incarcerated in selected state prison systems in Arizona, California, Florida, New York, and Texas were convicted of various offenses in fiscal year 2008 (the most recently available data at the time of GAO's analysis). The highest percentage of convictions for criminal aliens incarcerated in four of these states was for drug-related offenses. Homicide resulted in the most primary offense convictions for SCAAP criminal aliens in the fifth state--New York--in fiscal year 2008. GAO estimates that costs to incarcerate criminal aliens in federal prisons and SCAAP reimbursements to states and localities ranged from about $1.5 billion to $1.6 billion annually from fiscal years 2005 through 2009; DOJ plans to update its SCAAP methodology for reimbursing states and localities in 2011 to help ensure that it is current and relevant. DOJ developed its reimbursement methodology using analysis conducted by the former Immigration and Naturalization Service in 2000 that was based on 1997 data. Best practices in cost estimating and assessment of programs call for new data to be continuously collected so it is always relevant and current. During the course of its review, GAO raised questions about the relevancy of the methodology. Thus, DOJ developed plans to update its methodology in 2011 using SCAAP data from 2009 and would like to establish a 3-year update cycle to review the methodology in the future. Doing so could provide additional assurance that DOJ reimburses states and localities for such costs consistent with current trends. In commenting on a draft of this report, DHS and DOJ had no written comments to include in the report. Details: Washington, DC: GAO, 2011. 71p. Source: Internet Resource: GAO-11-187: Accessed April 22, 2011 at: http://www.gao.gov/new.items/d11187.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11187.pdf Shelf Number: 121479 Keywords: Costs of CrimeCriminal AliensHomeland SecurityIllegal AliensImmigrantsImmigrants and CrimeImmigration |
Author: Padavan, Frank Title: The Golden Door: Illegal Immigration, Terrorism and the Underground Economy: With a Focus on the Counterfeit Goods Trade and Analysis of the 2000 Census Summary: In 1994, Senator Frank Padavan, then Chairman of the Senate Committee on Cities, released "Our Teeming Shore," a report reflecting extensive research and public hearings on "federal immigration policy and its impact on the City and State of New York." That report concluded that New York State and its localities were spending over $5.6 billion annually as a result of federal immigration policy: $2.1 billion in social service costs; $270 million for criminal justice and corrections; and $3.3 billion in elementary and secondary education expenditures, all unreimbursed by the federal government. As a result of Senator Padavan's landmark research -- New York State was among the first in the nation to document the impact of federal immigration policy at the state and local level -- the Senate Majority Task Force on Immigration was created. A second report, a year later, confirmed the findings of the first. In "The Golden Door: Illegal Immigration, Terrorism and The Underground Economy," Senator Padavan updates the topics discussed in the earlier reports, with a focus on the counterfeit goods trade, its link to terrorism, and its cost to taxpayers. Details: Albany, NY: New York State Senate Majority Task Force on Immigration, 2005. Source: Internet Resource: Accessed April 28, 2011 at: http://www.nysl.nysed.gov/scandoclinks/ocm64195701.htm Year: 2005 Country: United States URL: http://www.nysl.nysed.gov/scandoclinks/ocm64195701.htm Shelf Number: 121573 Keywords: Counterfeit GoodsIllegal AliensIllegal ImmigrationImmigrantsImmigration PolicyTerrorism |
Author: Bandyopadhyay, Subhayu Title: Immigration Policy and Counterterrorism Summary: A terrorist group, based in a developing (host) country, draws unskilled and skilled labor from the productive sector to conduct attacks at home and abroad. The host nation chooses proactive countermeasures, while accounting for the terrorist campaign. Moreover, a targeted developed nation decides its optimal mix of immigration quotas and defensive counterterrorism actions. Even though proactive measures in the host country may not curb terrorism at home, it may still be advantageous in terms of national income. Increases in the unskilled immigration quota augment terrorism against the developed country; increases in the skilled immigration quota may or may not raise terrorism against the developed country. When the developed country assumes a leadership role, it strategically augments its terrorism defenses and reduces its unskilled immigration quota to induce more proactive measures in the host country. The influence of leadership on the skilled immigration quota is more nuanced. Details: St. Louis, MO: Federal Reserve Bank of St. Louis, Research Division, 2011. 44p. Source: Internet Resource: Working Paper Series; Working Paper 2011-012A: Accessed May 4, 2011 at: http://research.stlouisfed.org/wp/2011/2011-012.pdf Year: 2011 Country: International URL: http://research.stlouisfed.org/wp/2011/2011-012.pdf Shelf Number: 121613 Keywords: CounterterrorismEconomicsImmigrantsImmigration PolicyTerrorismTerrorists |
Author: Delgado, Amalia Greenberg Title: Costs and Consequences: The High Price of Policing Immigrant Communities Summary: Local police and sheriffs are facing some of the most difficult fiscal constraints in decades. At the same time, federal immigration law and policy have not kept pace with our nation’s workplace needs and other global causes of migration. The federal immigration failure creates both pressures and incentives for local police and sheriff ’s deputies to act as immigration agents, but it also creates additional costs and burdens for local peace officers and agencies who want to stay out of the immigration enforcement business. This report explores the costs and consequences of local enforcement of federal immigration law. It addresses both purposeful collaboration between local law enforcement agencies (LLEAs) and the U.S. Immigration and Customs Enforcement (ICE), and the incidental costs incurred by LLEAs through discretionary enforcement decisions that particularly impact immigrant communities. Because most LLEAs in northern California have policies against enforcing civil immigration laws, our primary goal is to provide practical guidance to further those policies and minimize the fiscal and social costs of incidental immigration enforcement. The report begins with an overview of the immigration landscape in California, with myth-busting facts about immigrants and an overview of the social and fiscal costs of local immigration enforcement. The price—often hidden—of local police practices that lead to civil immigration enforcement is quite high: scarce resources are diverted from pressing public safety needs, immigrant victims and witnesses fear reporting crime to the police, criminal investigations are undermined by a lack of trust between police and immigrant community members, and sometimes the rights of individuals (including U.S. citizens) are violated. We also examine how every stage of police officers’ everyday interactions with individuals — from responding to a 911 call or conducting a traffic stop to questioning an arrestee during booking —can lead to immigration consequences, with an attendant cost to local agencies. Personal stories illustrate some of the dynamics at play, legal analyses are provided, and proposals for local action suggest ways in which police can limit their hand in federal immigration enforcement to redirect resources and enhance public safety. Proposals are embedded in the body of the report. Detailed recommendations are available as a free-standing summary. There can be no doubt that California residents have a responsibility to abide by the laws of the state and the country at large and that local police and sheriffs play an essential role in protecting the public safety of all communities. By considering new ways in which police and community members can move ahead together in a climate of great fiscal and social pressures, we can more accurately gauge and control the costs of local policing in immigrant communities and direct our efforts toward public safety priorities that are cost-effective, helpful to crime-fighting, and fair to all. Details: San Francisco: ACLU of Northern California, 2011. 36p. Source: Internet Resource: Accessed May 10, 2011 at: http://www.aclunc.org/docs/criminal_justice/police_practices/costs_and_consequences.pdf Year: 2011 Country: United States URL: http://www.aclunc.org/docs/criminal_justice/police_practices/costs_and_consequences.pdf Shelf Number: 121701 Keywords: Costs of Criminal JusticeIllegal ImmigrantsImmigrantsImmigration (California) |
Author: Lalani, Mumtaz Title: Ending the Abuse: Policies That Work to Protect Migrant Domestic Workers Summary: From June 2010 to January 2011 the London-based charity Kalayaan conducted research on the ‘Overseas Domestic Worker’ (ODW) visa system in the UK. Drawing on a combination of quantitative and qualitative data, the research identifies the importance of a legal channel of migration for migrant domestic workers (MDWs) to the UK and confirms that the ODW visa route is working as intended and as such has a negligible impact on net migration to the UK. It also demonstrates the effectiveness of the ODW visa in protecting the rights of MDWs and emphasises the need for similar protections to diplomatic domestic workers. Finally, the research findings indicate that the measures in place to identify and assist trafficked domestic workers in the UK could in no way act as an alternative system of protection to the protections currently afforded to MDWs through the visa. Home Office data for the period from January 2003 to August 2010 shows that 41 per cent of MDWs cited types of abuse or exploitation as their reason for changing employer. The right to change employer thus enables MDWs to escape from abusive employers. Interviews conducted by Kalayaan indicate that this right facilitates workers to negotiate fairer terms and conditions in their future employment, remaining visible in the UK whilst continuing to support their families by sending remittances home. The visa’s portability provision also plays a crucial role in facilitating domestic workers to pursue legal remedies against their employers. Indeed, between May 2009 and December 2010, 53 domestic workers brought employment tribunal cases against their employers; 34 of these cases had been concluded by December 2010. Taking such action would be unthinkable if the worker had to continue working for their employer and residing in their household and would be impossible if workers lost their right to remain in the UK when they fled from an abusive employer. Further, the protections afforded to MDWs under UK employment law, and in particular, the right to legal remedy, arguably help to reduce the incidence of trafficking and forced labour among MDWs. Indeed, in 2009 the Home The overwhelming majority of MDWs accompany their foreign employers to the UK for a finite period of time. Estimates using United Kingdom Border Agency (UKBA) figures show that less than 5 per cent of domestic workers who enter the UK on an ODW visa go on to settle. In 2009, MDWs accounted for a mere 0.5 per cent of the individuals who were awarded settlement in the UK, thus showing that this immigration route has a negligible impact on net migration to the UK. For the few domestic workers who remain in the UK, the route to settlement rids them of their underlying vulnerability by removing their dependency on employers to maintain their immigration status and facilitates their integration into UK society. Details: London: Kalayaan, 2011. 46p. Source: Internet Resource: Accessed May 19, 2011 at: http://www.kalayaan.org.uk/documents/Kalayaan%20Report%20final.pdf Year: 2011 Country: United Kingdom URL: http://www.kalayaan.org.uk/documents/Kalayaan%20Report%20final.pdf Shelf Number: 121759 Keywords: Domestic Workers (U.K.)Forced LaborHuman TraffickingImmigrantsImmigrationMigrant Workers |
Author: Allamby, Les Title: Forced Labour in Northern Ireland: Exploiting Vulnerability Summary: In 2009 the British Government passed a law criminalising exploitation through forced labour, however this remains a poorly understood issue and has not been regarded as a significant problem in Northern Ireland. This report reviews migrants’ experiences in a range of employment sectors, in which serious forms of exploitation, including indications of forced labour, have come to light. The report: identifies problems of forced labour among migrants working in • the fishing, mushroom and catering industries and among Filipino and Romanian Roma migrants; highlights the links between vulnerability and a lack of English • language skills, limited access to social networks and a lack of local knowledge; shows that people will put up with very poor working conditions • and exploitation because the situation at home is worse; explains the importance of migrants’ legal status;• shows the importance of community-based support networks • and access to advice and information for exploited migrants; and finds a need to raise awareness of the issues of forced labour • among trade unions, employers’ bodies and within key government departments. Details: York, UK: Joseph Rowntree Foundation, 2011. 70p. Source: Internet Resource: Accessed June 27, 2011 at: http://www.jrf.org.uk/sites/files/jrf/forced-labour-Northern-Ireland-full.pdf Year: 2011 Country: United Kingdom URL: http://www.jrf.org.uk/sites/files/jrf/forced-labour-Northern-Ireland-full.pdf Shelf Number: 121867 Keywords: Forced Labor (Northern Ireland)ImmigrantsMigrantsWorker Exploitation |
Author: European Monitoring Centre for Drugs and Drug Addiction Title: Khat Use in Europe: Implications for European Policy Summary: Khat leaves are cultivated in the highlands of the Horn of Africa, Southern Arabia and along the East African coast. In many countries, chewing khat is an age-old tradition. More recently, the mass migration of people from the Horn of Africa has been associated with the spread of khat usage to neighbouring countries, Europe and the rest of the world. Exact numbers of regular khat users on a worldwide scale do not exist, however estimates range up to 20 million. This paper presents the challenges associated with the spread of khat consumption. Details: Lisbon: EMCDDA, 2011. 4p. Source: Internet Resource: Drugs in Focus No. 21: Accessed July 5, 2011 at: http://www.emcdda.europa.eu/attachements.cfm/att_137392_EN_TDAD11001ENC_WEB.pdf Year: 2011 Country: Europe URL: http://www.emcdda.europa.eu/attachements.cfm/att_137392_EN_TDAD11001ENC_WEB.pdf Shelf Number: 121963 Keywords: Drug Abuse and AddictionDrug PolicyDrugsImmigrantsKhat (Europe) |
Author: Gauthier, Kate Title: No Place for Children: Immigration Detention on Christmas Island Summary: Detaining children violates their basic human rights. But when they are housed in locked facilities such as Christmas Island, it is the responsibility of the government and its contractors, in this case Serco Asia Pacific (“Serco”), to take the very best care of the children. Serco is contractually bound by its Detention Services Contract with the Department of Immigration and Citizenship to provide services to people in immigration detention. Many children in detention have fled active war zones, and depriving them of liberty does not promote their recovery from such experiences. As the mental health section of this report shows, detention compounds trauma. Australia's mandatory detention regime has been found to be arbitrary. For all people who do not hold a valid visa, it is the first, not last, resort. This is its ultimate point of failure: the system is fundamentally flawed. While it imprisons children as a first resort and for indefinite periods of time, it contravenes international law and common sense morality. Children should not be locked up. Ultimately the government must recognise this and legislate to prevent the implementation of policies that breach Australia‟s legal and moral obligations. Details: Neutral Bay, NSW, AUS: ChilOut - Children Out of Immigration Detention, 2011. 40p. Source: Internet Resource: Accessed August 2, 2011 at: http://www.chilout.org/web_images/No%20Place%20for%20Children%20-%20Final.pdf Year: 2011 Country: Australia URL: http://www.chilout.org/web_images/No%20Place%20for%20Children%20-%20Final.pdf Shelf Number: 122257 Keywords: Illegal ImmigrantsImmigrant ChildrenImmigrant Detention (Australia)Immigrants |
Author: Koh, Jennifer Lee Title: Deportation Without Due Process Summary: Over the past decade, the United States government has dramatically expanded its use of a program called “stipulated removal” that has allowed immigration officials to deport over 160,000 non-U.S. citizens without ever giving them their day in court. This report synthesizes information obtained from never-before-released U.S. government documents and data about stipulated removal that became available for analysis as a result of a lawsuit filed under the federal Freedom of Information Act (FOIA). According to the previously unreleased data, the federal government has used stipulated removal primarily on noncitizens in immigration detention who lack lawyers and are facing deportation due to minor immigration violations. These noncitizens were given a Hobson’s choice: Accept a stipulated removal order and agree to your deportation, or stay in immigration detention to fight your case. Many of these government records reveal that the stipulated removal program has been implemented across the U.S. at the expense of immigrants’ due process rights. Government records obtained through FOIA litigation suggest that government officials offering stipulated removal to immigrant detainees routinely provided them with inaccurate, misleading, and confusing information about the law and removal process. For example, government agents overemphasized the length of time detainees would spend in detention if they chose to fight their cases and see a judge, yet failed to tell detainees that they could secure release from detention on bond while fighting their cases, or that some might win the right to remain legally in the country. In addition, detainees often had no chance to understand the consequences of signing a stipulated removal order due to systemic language barriers and the lack of quality interpretation and translation that are known to plague many immigration detention facilities. The government documents reveal that immigration judges who sign off on stipulated removal orders have expressed serious concerns about whether the stipulated removal program comports with due process. In fact, some immigration judges have refused to sign stipulated removal orders without seeing detainees for brief, in-person hearings. These hearings at least provide immigration judges the opportunity to determine whether immigrant detainees in fact opted for stipulated removal on a voluntary, intelligent, and knowing basis — as required by the current internal rules governing stipulated removal. The government documents summarized in this report present a dismal picture of the stipulated removal program — a program that, until recently, has operated with little public scrutiny. In September 2010, the Ninth Circuit Court of Appeals shone a spotlight on the program when it issued its decision in United States v. Ramos, 623 F.3d 672 (9th Cir. 2010), a case addressing due process and regulatory violations inherent in the stipulated removal program. The documents analyzed for this report show that the Ramos case was not an aberration, but rather an example of the stipulated removal program’s systemic and pervasive shortcomings. In order to ensure that the stipulated removal program meets the minimum standards of due process and fairness, the federal government should implement the recommendations set forth in this report. These recommendations are geared towards ensuring that immigrants’ due process rights and the rule of law are respected in immigration detention facilities and immigration courts throughout the country. Details: Fullerton, CA: Western State University School of Law; Stanford, CA: Stanford Law School; Los Angeles: National Immigration Law Center, 2011. 30p. Source: Internet Resource: Accessed September 23, 2011 at: http://www.nilc.org/immlawpolicy/arrestdet/Deportation-Without-Due-Process-2011-09.pdf Year: 2011 Country: United States URL: http://www.nilc.org/immlawpolicy/arrestdet/Deportation-Without-Due-Process-2011-09.pdf Shelf Number: 122882 Keywords: Due ProcessIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration (U.S.) |
Author: Kohli, Aarti Title: Secure Communities by the Numbers: An Analysis of Demographics and Due Process Summary: The United States will deport a record number of individuals this year, due in large part to rapidly expanding federal immigration programs that rely on local law enforcement. The numbers are sobering: annual deportations have increased over 400% since 1996 and more than a million people have been removed from this country since the beginning of the Obama administration. Almost 300,000 individuals are currently in deportation proceedings but have not yet been removed. The newest and most controversial immigration enforcement program partnering with local law enforcement is Secure Communities. Secure Communities was introduced by the Bush administration in March 2008 and piloted in 14 jurisdictions beginning in October 2008. Under President Obama, the program has expanded dramatically. As of the drafting of this report, Secure Communities is active in 1,595 jurisdictions in 44 states and territories, a 65% increase since the beginning of this year. The Immigration and Customs Enforcement (ICE) agency of the Department of Homeland Security (DHS) has stated that it plans to have the program active in all jurisdictions in the United States by 2013. Like earlier programs such as the 287(g) program and the Criminal Alien Program (CAP), Secure Communities mobilizes local law enforcement agencies’ resources to enforce federal civil immigration laws. Whereas earlier programs such as 287(g) trained law enforcement agents to assist with immigration enforcement, Secure Communities relies heavily on almost instantaneous electronic data sharing. This data sharing has transformed the landscape of immigration enforcement by allowing ICE to effectively run federal immigration checks on every individual booked into a local county jail, usually while still in pre-trial custody. It has long been the case that local law enforcement agencies electronically share fingerprint data from the people they arrest with the Federal Bureau of Investigation (FBI). If that data comes from a Secure Communities jurisdiction, however, the FBI now forwards the fingerprints to the DHS. DHS checks the fingerprints against the Automated Biometric Identification System, also known as IDENT, a fingerprint repository containing information on over 91 million individuals, including travelers, applicants for immigration benefits, and immigrants who have previously violated immigration laws. When a match is detected, ICE reportedly examines its records to determine whether the person is deportable. If ICE believes an individual may be deportable, or if ICE wishes to further investigate an individual’s immigration status, then ICE issues a detainer. The detainer is a request to the local police to notify immigration authorities when the individual is going to be released from criminal custody and to hold the individual for up to two days for transfer to ICE. Despite the scrutiny that the program has generated in the public sphere, the federal government has conducted limited systematic analysis of its own data on individuals who are arrested under Secure Communities. To address this gap in knowledge, the Chief Justice Earl Warren Institute on Law and Social Policy at UC Berkeley School of Law has undertaken a comprehensive study of data provided by the federal government to the National Day Labor Organizing Network (NDLON), the Center for Constitutional Rights, and the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law pursuant to a partial settlement in NDLON v. ICE. This initial report is the first in a series based on that data. In this report, we attempt to better understand the profile of individuals who have been apprehended through Secure Communities and the process they have encountered as they are funneled through the system. Overall, the findings point to a system in which individuals are pushed through rapidly, without appropriate checks or opportunities to challenge their detention and/or deportation. This conclusion is particularly concerning given that the findings also reveal that people are being apprehended who should never have been placed in immigration custody, and that certain groups are over-represented in our sample population. Details: Berkeley, CA: Chief Justice Earl Warren Institute on Law and Social Policy, University of California, Berkeley Law School, 2011. 20p. Source: Internet Resource: Accessed October 22, 2011 at: http://www.law.berkeley.edu/files/Secure_Communities_by_the_Numbers.pdf Year: 2011 Country: United States URL: http://www.law.berkeley.edu/files/Secure_Communities_by_the_Numbers.pdf Shelf Number: 123083 Keywords: DeportationIllegal AliensImmigrantsImmigration EnforcementRacial Profiling |
Author: Weller, Steven Title: Uses of State Criminal Court Records in Immigration Proceedings Summary: This article examines the ways in which state criminal court records may be used in immigration court to determine whether a state criminal conviction falls within a category that can affect the immigration rights of a defendant. Details: Denver, CO: Center for Public Policy, 2011. 13p. Source: Internet Resource: Accessed November 2, 2011 at: http://jec.unm.edu/manuals-resources/manuals/Criminal-Court-Records-in-Immigration-Proceedings-7.5.2011.pdf Year: 2011 Country: United States URL: http://jec.unm.edu/manuals-resources/manuals/Criminal-Court-Records-in-Immigration-Proceedings-7.5.2011.pdf Shelf Number: 123217 Keywords: Court RecordsIllegal AliensIllegal ImmigrantsImmigrants |
Author: Poljski, Carolyn Title: On Her Way: Primary Prevention of Violence Against Immigrant and Refugee Women in Australia Summary: Violence against women is a significant public health issue worldwide. It impacts negatively on women's and children's physical and mental wellbeing, and limits their access to human rights. It is also multi-dimensional- occurring in the home, general community, workplaces, educational institutions, or at the hands of the State. Violence against immigrant and refugee women in Australia can be prevented. However, the complexity of women's experiences of violence highlights the need for culturally-appropriate strategies that address the core issue of gender equality by working to improve the status of women. In this regard, it is equally important that violence prevention efforts address the specific and diverse situations of women from immigrant and refugee communities, within the cultural, religious and socio-economic contexts of their lives. In recent years, there has been a shift towards the primary prevention of violence against women. Primary prevention targets whole populations and/or high-risk groups with the aim of preventing violence before it occurs. This approach is the ideal form of prevention-albeit the most challenging and time-consuming-as it cultivates a safe environment for women, a world where violence against women is not an option because women are valued, respected and treated equally. The Multicultural Centre for Women's Health has prepared a comprehensive publication, On Her Way, based on extensive research and consultation, which provides an overview of the various groups of immigrant and refugee women in Australia that should be considered in violence prevention efforts, the nature of violence perpetrated against these women, and the factors that may increase women's exposure to violence. On Her Way also features violence prevention strategies that have been, and could be implemented in efforts to prevent violence against immigrant and refugee women. Good practice principles for strategies are also highlighted. Details: Collingwood, Victoria, Australia: Multicultural Centre for Women's Health, 2011. 95p. Source: Internet Resource: Accessed November 15, 2011 at: http://www.mcwh.com.au/downloads/2011/On_Her_Way_Final.pdf Year: 2011 Country: Australia URL: http://www.mcwh.com.au/downloads/2011/On_Her_Way_Final.pdf Shelf Number: 123365 Keywords: Family ViolenceImmigrantsIntimate Partner ViolenceRefugeesViolence Against Women (Australia) |
Author: Rosenblum, Marc R. Title: Interior Immigration Enforcement: Programs Targeting Criminal Aliens Summary: Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport serious criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens for removal since 1988. These programs have grown substantially since FY2005. Despite the interest in criminal aliens, inconsistencies in data quality, data collection, and definitions make it impossible to precisely enumerate the criminal alien population, defined in this report as all noncitizens ever convicted of a crime. CRS estimates the number of noncitizens incarcerated in federal and state prisons and local jails—a subset of all criminal aliens—at 173,000 in 2009, with state prisons and local jails accounting for somewhat more incarcerations than federal prisons. The overall proportion of noncitizens in federal and state prisons and local jails corresponds closely to the proportion of noncitizens in the total U.S. population. DHS operates four programs designed in whole or in part to target criminal aliens: the Criminal Alien Program (CAP), Secure Communities, the § 287(g) program, and the National Fugitive Operations Program (NFOP). The CAP, Secure Communities, and certain § 287(g) programs are jail enforcement programs that screen individuals for immigration-related violations as they are being booked into jail and while they are incarcerated; the NFOP and some other § 287(g) programs are task force programs that target at-large criminal aliens. This report describes how these programs work and identifies their common features and key differences among them. While consensus exists on the overarching goal to identify and remove serious criminal aliens, these programs have generated controversy, particularly Secure Communities and the § 287(g) program. On one hand, the Obama Administration and other supporters of jail enforcement programs see them as efficient and even-handed ways to identify criminal aliens. The Administration has taken steps to strengthen and expand Secure Communities and plans to implement the program in every law enforcement jurisdiction in the country by 2013. On the other hand, some lawmakers and advocacy groups have raised concerns that Secure Communities and the § 287(g) program have not been narrowly targeted at serious criminal offenders and that the programs may have adverse impacts on police-community relations, may result in racial profiling, and may result in the detention of people who have not been convicted of criminal offenses and may not be subject to removal. Disagreements about the merits of jail enforcement programs overlap with a separate set of questions about the role of states and localities in immigration enforcement. These jurisdictional questions have focused in particular on Secure Communities, in part because the Administration initially appeared to present it as a discretionary program but now takes the position that states and localities may not “opt out” of Secure Communities. Details: Washington, DC: Congressional Research Services, 2011. 49p. Source: Internet Resource: R42057: Accessed November 19, 2011 at: http://mexicoinstitute.files.wordpress.com/2011/10/csr-interior-enforcement.pdf Year: 2011 Country: United States URL: http://mexicoinstitute.files.wordpress.com/2011/10/csr-interior-enforcement.pdf Shelf Number: 123402 Keywords: Criminal Aliens (U.S.)DeportationIllegal AliensIllegal ImmigrationsImmigrants |
Author: Rights Working Group Title: Reclaiming Our Rights: Reflections on Racial Profiling in a Post-9/11 America Summary: In the summer of 2001, racial justice advocates were in the midst of a flurry of exciting developments. After years of work by advocates to fight back against the racially discriminatory impact of the “war on drugs,” the End Racial Profiling Act (ERPA) had been introduced in both houses of Congress. An August hearing in the Senate encouraged hopes for passage within the year. In the private sector, giant corporations Xerox and Microsoft were being sued for racial and gender discrimination, and Coca Cola had just reached, in 2000, a record $192 million settlement in a racial bias case brought by African American employees. The Third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in early September in Durban, South Africa, to celebrate the end of apartheid and a new global commitment to fighting racial injustice. Then, on September 11th, the tragic attacks on the World Trade Center in New York and the Pentagon in Washington, D.C., changed the nation in a single day. The loss of human life was staggering — there were nearly 3,000 victims killed by the attacks including nationals of more than 70 countries of every race and religion. Not only did all of the passengers on the planes used in the attacks die, but thousands more were killed in the crash sites of the Twin Towers, the Pentagon, and the field in Pennsylvania, and hundreds of rescue workers, fire fighters and police officers also gave their lives. Many more residents and rescue workers became ill and some also died in the months and years after the attacks, as debris and dust from the collapsed buildings were proven to be toxic for nearly one year after the attacks. In addition to these terrible losses, another significant loss occurred — the loss of civil liberties and human rights protections for many communities in the U.S. In particular, the problem of racial and religious profiling expanded dramatically under a number of new or revised government policies and programs. The decision in 2001-2002 by the Bush Administration to detain men of Arab, South Asian, or Muslim backgrounds as suspects in the new “war on terrorism” resulted in the arbitrary detention of more than 1,200 individuals. It coincided with a dramatic increase in harassment of and hate crimes against people in those communities. The newly-created Department of Homeland Security (DHS) devoted new and expanded resources toward the detention and deportation of immigrants, increasingly encouraging local police to enforce federal immigration laws and raising concerns about the racial profiling of Latino communities. DHS also joined forces with the Federal Bureau of Investigation and other law enforcement agencies to dramatically expand surveillance and information-sharing activities through such initiatives as fusion centers and suspicious activity reporting. These activities have led to allegations of racial profiling of Arab, South Asian, Muslim, and Latino communities by federal agencies. Many state governments joined their federal counterparts in implementing racial profiling as a law enforcement technique. In 2007, the Los Angeles Police Department was forced to cancel a mapping program designed to identify potential extremists in Middle Eastern, Arab, and Muslim communities in Los Angeles after residents protested the plan. In the last two years, a number of states have claimed new authority to enforce federal immigration laws, enacting “papers please” legislation and mandating that local police ask individuals about their immigration or citizenship status. The infamous law enacted in Arizona in 2010—SB 1070—has now been copied and passed in Alabama, Georgia, Indiana, South Carolina, and Utah, with Pennsylvania holding legislative hearings on similar legislation. Ten years later, the Rights Working Group (RWG) coalition sees the anniversary of these events as a chance to pause and remember — to reflect on our losses since September 11th and to reclaim those rights lost in the aftermath of the attacks. This collection of essays, from public offi cials, policy advocates, grassroots organizers, law enforcement offi cials, and community leaders, shares personal reflections of the struggle to overcome the pervasive human rights problem of racial profiling. Their stories and suggestions are insightful views into the challenges of the work but also the signifi cance of the struggle. Congressman John Conyers, Jr., who first introduced ERPA in 2001, offers an introduction for this collection of essays, noting why the legislation is needed today more than ever. Karen K. Narasaki reminds us that racial profiling is not new, and that we must remember the historical lessons from World War II and the internment of Japanese Americans in order to avoid making the same errors of targeting a particular community out of fear. Laura W. Murphy shares her personal recollections of the encounters her African American family had with law enforcement, and how her experience drove her and others at the ACLU to promote ERPA as an important response to biased policing. Monami Maulik describes her work as a community organizer who was overwhelmed by the racial and religious profiling targeting her community after September 11th and the steps she took to fight back. Shahid Buttar notes that September 11th was used to justify new government powers of surveillance and information-sharing that have resulted in further racial profiling of Muslim, Arab, South Asian, and other immigrant communities. Nadia Tonova and Christian Ramirez discuss the pervasive use of racial profiling on the northern and southern borders of the United States, where border communities increasingly fear contact with both the police and Customs and Border Protection officers. Pramila Jayapal offers insight into the expansion of immigration enforcement programs that have led to racial profiling of Latino and other immigrant communities across the country, impacting community safety and residents’ trust in the police. Former Police Chief Art Venegas highlights the importance of law enforcement officers taking steps to combat racial profiling within their own departments in order to be effective at promoting community safety. In the concluding essay, Senator Benjamin L. Cardin explains his commitment to reintroducing ERPA later this year, noting that racial profiling is not only an ineffective law enforcement technique but also a violation of our constitutional rights. Rights Working Group is grateful to all of them for contributing to this effort. In considering where we go next in the fight against racial profiling, Rights Working Group has provided a list of recommendations at the end of the report, including urging policymakers and community members to join the RWG Racial Profiling: Face the Truth campaign. Dr. Tracie Keesee has graciously contributed recommendations to law enforcement officers working to end racial profiling within their departments. Details: Washington, DC: Rights Working Group, 2011. 72p. Source: Internet Resource: Accessed November 19, 2011 at: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Year: 2011 Country: United States URL: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Shelf Number: 123406 Keywords: Bias in Law EnforcementHuman RightsImmigrantsRacial DiscriminationRacial Profiling (U.S.)Racial Profiling in Law EnforcementTerrorism |
Author: Bell, Brian Title: Immigrant Enclaves and Crime Summary: There is conflicting evidence on the consequences of immigrant neighbourhood segregation for individual outcomes, with various studies finding positive, negative or insubstantial effects. In this paper, we document the evolution of immigrant segregation in England over the last 40 years. We show that standard measures of segregation point to gentle declines over time for all immigrant groups. However, this hides a significant increase in the number of immigrant enclaves where immigrants account for a substantial fraction of the local population. We then explore the link between immigrant segregation, enclaves and crime using both recorded crime and self-reported crime victimization data. Controlling for a rich set of observables, we find that crime is substantially lower in those neighbourhoods with sizeable immigrant population shares. The effect is non-linear and only becomes significant in enclaves. It is present for both natives and immigrants living in such neighbourhoods. Considering different crime types, the evidence suggests that such neighbourhoods benefit from a reduction in more minor, non-violent crimes. We discuss possible mechanisms for the results we observe. Details: Bonn, Germany: Institute for the Study of Labor, 2011. 42p. Source: Internet Resource: IZA Discussion Paper No. 6205: Accessed January 10, 2012 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1976536 Year: 2011 Country: International URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1976536 Shelf Number: 123541 Keywords: ImmigrantsImmigrants and CrimeNeighborhoods and Crime |
Author: Title: Removals Involving Illegal Alien Parents of United States Citizen Children Summary: The Committee on Appropriations for the House of Representatives directed the Department of Homeland Security Office of Inspector General, through H. Rep. 110-181, to report on detentions and removals involving U.S. citizen children and their parents among Immigration and Customs Enforcement’s detention center population over the past 10 years. The requested data included: (1) the total number of aliens removed from the United States; (2) the number of instances in which one or both parents of a U.S. citizen child were removed; (3) the reason for the parents’ removal; (4) the length of time the parents lived in the United States before removal; (5) whether the U.S. citizen children remained in the United States after the parents’ removal; and (6) the number of days a U.S. citizen child was held in detention. The United States conducted 2,199,138 alien removals between FYs 1998 and 2007. Existing data indicate that these removals involved 108,434 alien parents of U.S. citizen children. Alien parents were removed because of immigration violations, such as being present without authorization or committing criminal violations that affect immigration status. Data limitations decrease the reliability of these results, including the absence of a requirement for staff to collect data that establish which aliens are the parents of U.S. citizen children. We were unable to compile all the requested data because Immigration and Customs Enforcement does not collect the following specific information: (1) the number of instances in which both parents of a particular child were removed; (2) the length of time a parent lived in the United States before removal; and (3) whether the U.S. citizen children remained in the United States after the parents’ removal. Immigration and Customs Enforcement reported detaining no U.S. citizen children. We are recommending that Immigration and Customs Enforcement analyze and report on the feasibility of establishing procedures to document the number of removed alien parents and the age of aliens’ children to indicate whether they are minors or adults. Details: Washington, DC: Department of Homeland Security, 2009. 23p. Source: OIG-09-15: Internet Resource: Accessed February 11, 2012 at http://trac.syr.edu/immigration/library/P3156.pdf Year: 2009 Country: United States URL: http://trac.syr.edu/immigration/library/P3156.pdf Shelf Number: 124080 Keywords: Criminal Aliens (U.S.)DeportationIllegal AliensIllegal ImmigrationsImmigrantsParents |
Author: Title: Detention and Removal of Illegal Aliens: U.S. Immigration and Customs Enforcement (ICE) Summary: This report presents the results of our review of DHS’s Immigration and Customs Enforcement (ICE) program for detaining and removing illegal aliens1 apprehended in the United States and at ports of entry. The program is administered through ICE’s Office of Detention and Removal (DRO). The objective of our review was to determine the extent to which DRO is performing its mission to remove all illegal aliens who are removable, including those that pose a potential national security or public safety threat to the U.S. Currently, DRO is unable to ensure the departure from the U.S. of all removable aliens. Of the 774,112 illegal aliens apprehended during the past three years, 280,987 (36%) were released largely due to a lack of personnel, bed space, and funding needed to detain illegal aliens while their immigration status is being adjudicated. This presents significant risks due to the inability of Customs and Border Patrol (CBP) and ICE to verify the identity, country-oforigin, and terrorist or criminal affiliation of many of the aliens being released. Further, the declining personnel and bed space level is occurring when the number of illegal aliens apprehended is increasing. For example, the number of illegal aliens apprehended increased from 231,077 in FY 2002 to 275,680 in FY 2004, a 19 percent increase. However, during the same period, authorized personnel and funded bed space levels declined by 3 percent and 6 percent, respectively. These shortfalls encourage illegal immigration by increasing the likelihood that apprehended aliens will be released while their immigration status is adjudicated. Further, historical trends indicate that 62 percent of the aliens released will eventually be issued final orders of removal by the U.S. Department of Justice Executive Office of Immigration Review (EOIR) and later fail to surrender for removal or abscond. Although DRO has received additional funding to enhance its Fugitive Operations Program, it is unlikely that many of the released aliens will ever be removed. As of December 30, 2005, there were more than 544,000 released aliens with final orders of removal who have absconded. Declining bed space and personnel levels are also making it difficult for ICE/DRO to detain and remove illegal aliens that are from countries other than Mexico (OTM) including aliens from countries whose governments support state sponsored terrorism (SST) or who promote, produce, or protect terrorist organizations and their members (SIC). Of the 605,210 OTMs apprehended between FY 2001 and the first six months of FY 2005, 309,733 were released of which 45,008 (15%) purportedly originated from SST and SIC countries. DRO estimates that in FY 2007 there will be 605,000 foreign-born individuals admitted to state correctional facilities and local jails during the year for committing crimes in the U.S. Of this number, DRO estimates half (302,500) will be removable aliens. Most of these incarcerated aliens are being released into the U.S. at the conclusion of their respective sentences because DRO does not have the resources to identify, detain, and remove these aliens under its Criminal Alien Program (CAP). It is estimated that DRO would need an additional 34,653 detention beds, at an estimated cost of $1.1 billion, to detain and remove all SST, SIC, and CAP aliens. Additionally, DRO’s ability to detain and remove illegal aliens with final orders of removal is impacted by (1) the propensity of illegal aliens to disobey orders to appear in immigration court; (2) the penchant of released illegal aliens with final orders to abscond; (3) the practice of some countries to block or inhibit the repatriation of its citizens; and (4) two recent U.S. Supreme Court decisions which mandate the release of criminal and other high-risk aliens 180 days after the issuance of the final removal order except in “Special Circumstances.” Collectively, the bed space, personnel and funding shortages coupled with the other factors, has created an unofficial “mini-amnesty” program for criminal and other high-risk aliens. DRO’s goal is to develop the capacity to remove all removable aliens, and it has developed a strategic plan covering 2003-2012 entitled “Endgame,” to accomplish that goal. However, the plan identifies several significant challenges beyond its control, including the need for sufficient resources, political will, and the cooperation of foreign governments. Current resources, including those included in the FY 2006 Appropriations Act and the Administration’s FY 2007 budget request, are not sufficient to detain all high-risk aliens, including those from SST and SIC countries. We are recommending that the Assistant Secretary (ICE) develop a plan to provide ICE with the capacity to: (1) detain and remove high-risk aliens; (2) intensify its efforts to develop alternatives to detention; and (3) resolve with the State Department issues that are preventing or impeding the repatriation of illegal OTMs. Also, we are recommending that DRO expedite its efforts to implement a data management system that is capable of meeting its expanding data collection and analysis needs relating to the detention and removal of illegal aliens. Such a system would significantly enhance DRO’s ability to support future budget requests, identify emerging trends, and assess its overall mission performance. Details: Washington, DC: Department of Homeland Security, 2006. 52p. Source: Office of Audits Report OIG-06-33: Internet Resource: Accessed February 11, 2012 at http://www.oig.dhs.gov/assets/Mgmt/OIG_06-33_Apr06.pdf Year: 2006 Country: United States URL: http://www.oig.dhs.gov/assets/Mgmt/OIG_06-33_Apr06.pdf Shelf Number: 124081 Keywords: Criminal Aliens (U.S.)DeportationDetentionIllegal AliensIllegal ImmigrationsImmigrants |
Author: Amnesty International Title: Amnesty International Australia Detention Facilities Visit 2012, Findings and recommendations Summary: The initial findings of Amnesty International’s recent detention centre visits, reiterate the organisation’s long held position that the indefinite and prolonged detention of asylum seekers in Australia is a failed policy that contravenes human rights standards. The most serious and damaging conditions faced by asylum seekers in immigration detention are the length of time and the indefinite nature of their imprisonment. Among the asylum seekers who had been in detention for extended periods, self harm and attempted suicides were talked about as a fact of life. The use of sleeping pills and other medication was also widespread. The Christmas Island Northwest Point Immigration Detention Centre (IDC) is overwhelmingly and unacceptably prison-like. The facility is too harsh to house people who have not committed a crime. Adding to the restrictive environment is the new behaviour management regime in the White compound. The Curtin IDC in Western Australia should be immediately closed for immigration detention purposes. The remote and isolated location of the centre, as well as the extremely hot and dusty physical conditions, exacerbates the existing problems with detaining asylum seekers. Findings documented from Perth IDC, Northern IDC, Wickham Point IDC, Phosphate Hill APOD and Darwin Airport Lodge APODs 1, 2 and 3, are all illustrative of a failed system. Given the human rights abuses inherent in indefnite detention, and the excessive costs of transporting basic infrastructure, supplies and staff to such extremely inaccessible locations, Amnesty International remains appalled that this policy has continued for so long. Details: Australia: Amnesty International, 2012. 8p. Source: Internet Resource: Accessed February 28, 2012 at http://www.amnesty.org.au/images/uploads/news/Amnesty-International-Australia-DetentionFacilitiesVisit-2012-FINAL.pdf Year: 2012 Country: Australia URL: http://www.amnesty.org.au/images/uploads/news/Amnesty-International-Australia-DetentionFacilitiesVisit-2012-FINAL.pdf Shelf Number: 124310 Keywords: AsylumDetention FacilitiesEvaluative StudiesImmigrants |
Author: Rana, Sheetal Title: Addressing Domestic Violence in Immigrant Communities: Critical Issues for Culturally Competent Services Summary: mmigrant women as a social category are a diverse group. In the U.S., there are approximately 18 million women and girls who have emigrated from many countries around the world, under a myriad of circumstances, and with different types of immigration status (American Community Survey, 2008). They are from various socio-economic, cultural, and religious backgrounds. Their age, sexual orientation, individual abilities, and levels of acculturation to the mainstream society vary. Amidst this diversity, immigrant women may share experiences, everyday realities, and a collective identity as immigrants, making them different from the mainstream society. These differences and similarities among immigrant women pose challenges in offering services to immigrant survivors of domestic violence, as well as highlight the importance of culturally competent services. Central to culturally competent domestic violence services to immigrant women is an in-depth understanding of domestic violence in immigrant communities. Cultural competence is a process that involves individual practitioners and systems responding to their clients in ways that recognize, value, and respect the clients’ cultures, languages, classes, races, ethnic backgrounds, religions, and other diversity factors (NASW National Committee on Racial and Ethnic Diversity, 2001; Rothman, 2008). In offering culturally competent domestic violence services to immigrant women, knowledge about socio-economic, cultural, and political contexts within which immigrant women experience domestic violence can be a useful guide. Such knowledge may contribute to the development and implementation of policies, programs, and approaches that respectfully as well as effectively respond to the unique and specific needs of immigrant survivors. With this purpose in mind, this paper focuses on what we can learn from existing research on immigrant women and domestic violence. This paper is organized into three sections: 1) overview of methodological issues in research used to generate knowledge of the nature and dynamics of domestic violence in immigrant communities; 2) research findings that help us understand the broad contexts within which immigrant women experience domestic violence; and 3) considerations for culturally competent services. Legal protections available for immigrant women survivors are discussed in another VAWnet Applied Research document by Shetty and Kaguyutan (2002) and, therefore, are not discussed in this paper. The terms “immigrant women survivors,” “immigrant survivors,” and “survivors” are used throughout this paper to refer to immigrant women who survive domestic violence. Details: National Online Resource Harrisburg, PA: Center on Violence Against Women, 2012. 11p. Source: VAWnet.org Applied Research: Internet Resource: Accessed March 23, 2012 at http://www.vawnet.org/Assoc_Files_VAWnet/AR_DVImmigrantComm.pdf Year: 2012 Country: United States URL: http://www.vawnet.org/Assoc_Files_VAWnet/AR_DVImmigrantComm.pdf Shelf Number: 124671 Keywords: Domestic ViolenceFemale VictimsImmigrantsVictim Services |
Author: Acer, Eleanor Title: U.S. Detention of Asylum Seekers Seeking Protection, Finding Prison Summary: In March 2003, the U.S. Department of Homeland Security (DHS) took over responsibility for asylum and immigration matters when the former INS (Immigration and Naturalization Service) was abolished. With this transfer, DHS was entrusted with the duty to ensure that the United States lives up to its commitments to those who seek asylum from persecution. These commitments stem from both U.S. law and international treaties with which the United States has pledged to abide. Yet, those who seek asylum—a form of protection extended to victims of political, religious and other forms of persecution—have been swept up in a wave of increased immigration detention, which has left many asylum seekers in jails and jail-like facilities for months or even years. Six years after DHS and its interior immigration enforcement component, U.S. Immigration and Customs Enforcement (known as “ICE”) took over responsibility for immigration detention, the U.S. system for detaining asylum seekers is more flawed than ever. As detailed in this report, thousands of asylum seekers have been detained during these years. In 2007 alone, more than 10,000 asylum seekers were newly detained in the United States. They are held in facilities that are actual jails or are operated like jails. They are often brought in handcuffs and sometimes shackles to these facilities, where they wear prison uniforms, are guarded by officers in prison attire, visit with family and friends only through glass barriers, and have essentially no freedom of movement within the facilities. The cost of detaining these asylum seekers over the past six years has exceeded $300 million. During that time, ICE parole policies have become more restrictive, and parole rates for asylum seekers dropped from 41.3 percent in 2004 to 4.2 percent in 2007. ICE has not provided Congressionally-mandated statistics—detailing the number of asylum seekers detained, the length of their detention, and the rates of their release—in a timely or complete manner. The U.S. detention system for asylum seekers, which lacks crucial safeguards, is inconsistent with international refugee protection and human rights standards. DHS and ICE have increased their use of prison-like facilities by at least 62 percent—with six new megafacilities added in just the last five years. Some of these facilities are located far from legal representation and the immigration courts. More than a third of detained asylum seekers are not represented by legal counsel, even though asylum seekers are much more likely to be granted asylum in immigration court when they are represented. At these remote facilities, detained asylum seekers often see U.S. immigration judges and asylum officers only on television sets, with immigration court asylum hearings and asylum office “credible fear” interviews (which determine whether an individual will even be allowed to apply for asylum or will instead be summarily deported) increasingly conducted by video. In fact, more than 60 percent of credible fear interviews were conducted by video in 2007. A recent study demonstrated that asylum seekers who have their immigration court asylum hearings conducted by video are about half as likely to be granted asylum. Through our pro bono representation work, and in conducting research for this report, we have learned of many refugees who were jailed for many months—and some for years—in these prison-like facilities before being granted asylum in this country. Many asylum seekers could have been released from detention while their cases were pending, either on parole or through an immigration court custody hearing. Providing asylum seekers with access to fair release procedures does not undermine security. In fact, the Department of Homeland Security’s regulations and guidelines on parole expressly prohibit the release of an individual who presents a risk to the community or a flight or security risk. The case law governing immigration court custody hearings also requires that the individual establish that he or she does not present a danger to others, a threat to national security, or a flight risk. In some cases, asylum seekers could have been released, at significant savings, to a supervised release program. In fact, while detention costs $95 each day on average, alternatives to detention cost $10 to $14 for each person each day. Individuals who have been released through these programs have continued to appear for their immigration court hearings at high rates—ranging from 93 to 99 percent. According to ICE, participants in the intensive supervision appearance program (ISAP) demonstrated a 91 percent compliance with removal orders as well. Details: New York: Human Rights First, 2009. 105p. Source: Internet Resource: Accessed March 29, 2012 at: http://www.humanrightsfirst.org/wp-content/uploads/pdf/090429-RP-hrf-asylum-detention-report.pdf Year: 2009 Country: United States URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/090429-RP-hrf-asylum-detention-report.pdf Shelf Number: 124761 Keywords: Asylum, Right of (U.S.)Immigrant DetentionImmigrantsPolitical Refugees |
Author: Lalani, Mumtaz Title: Forced Labour in the UK: The Business Angle Summary: This paper: • examines the business structures, processes and pressures that may drive or facilitate the use of forced labour in the UK; • considers policies that may be used in response to these; • makes recommendations to the business community, government and trade unions and migrant community organisations to help reduce exploitation and forced labour in the UK. Details: York, UK: Joseph Rountree Foundation, 2012. 36p. Source: Internet Resource: JRF Programme Paper: Accessed April 27, 2012 at: http://www.jrf.org.uk/sites/files/jrf/forced-labour-and-business-full.pdf Year: 2012 Country: United Kingdom URL: http://www.jrf.org.uk/sites/files/jrf/forced-labour-and-business-full.pdf Shelf Number: 125074 Keywords: Business PracticesEmployment PracticesForced Labor (U.K.)ImmigrantsLabor Exploitation |
Author: Ramey, David M. Title: Neighborhood Violent Crime during a New Era of Immigration Summary: The 1990s was a period of simultaneous concentration and dispersal for the immigrant population in the United States (Portes and Rumbaut 2006). While vibrant migrant streams remained in large cities with traditionally high levels of immigration, economic and social changes also influenced a shift in settlement patterns towards places with relative low immigrant populations at the start of the decade. Although past neighborhood studies find little or no evidence of any association between immigration and neighborhood crime, few consider how varying characteristics of cities and neighborhoods may have an influence. This project uses the Neighborhood Change Database and the National Neighborhood Crime Study to examine how the effects of immigration on neighborhood violent crime vary in neighborhoods and cities that vary according to their immigration histories. Using multilevel modeling techniques, I argue that local immigrant concentration and growth contribute to a decline in neighborhood violence, but that this is condition by factors associated with city-level immigration. Further, the effects of city-level immigration dynamics are stronger in more integrated neighborhoods. Details: Unpublished paper, 2011. 36p. Source: Internet Resource: Accessed May 3, 2012 at: http://paa2011.princeton.edu/download.aspx?submissionId=110722 Year: 2011 Country: United States URL: http://paa2011.princeton.edu/download.aspx?submissionId=110722 Shelf Number: 125146 Keywords: Cities and CrimeImmigrantsImmigration and CrimeNeighborhoods and Crime |
Author: Police Executive Research Forum Title: Voices From Across the Country: Local Law Enforcement Officials Discuss The Challenges of Immigration Enforcement Summary: In recent years, local police and sheriffs’ departments increasingly have found themselves drawn into a debate about how to enforce federal immigration laws. In many jurisdictions, local law enforcement agencies are being pressured to take significantly larger roles in what has traditionally been considered a federal government responsibility, for the simple reason that the nation’s immigration laws are federal laws. The pressure on local police and sheriffs’ departments to become more involved in immigration enforcement is not a simple matter for them. Active involvement in immigration enforcement can divert local law enforcement agencies from their primary mission of investigating and preventing crime, and can make it difficult for local police to maintain close relationships with their communities. The Police Executive Research Forum (PERF) has been researching this issue since 2007, when it convened an executive session with police chiefs and sheriffs to identify the major challenges facing local law enforcement agencies. PERF has conducted other initiatives exploring the role of local law enforcement and public expectations about what that role should be, and the challenges confronting chiefs and agencies as they strike a balance among often-conflicting demands. To some extent, today’s immigration issues are the same controversies that were discussed five years ago at PERF’s first immigration conference: the extent to which illegal immigrants commit crimes in local communities, and the extent to which they are targeted for victimization; whether local immigration enforcement actions make immigrants less likely to report crimes; whether police should check the immigration status of minor offenders; and so on. However, many new issues have arisen since 2007, particularly in the area of the federal government’s initiatives to foster greater involvement of local law enforcement agencies in immigration enforcement. For example, the 287(g) program, which was implemented in 2002, allows local agencies to receive training from the federal Immigration and Customs Enforcement (ICE) agency so that local police officers can perform immigration enforcement functions. In 2009, ICE reformed the program in order to provide greater accountability and oversight, and to increase the focus on immigrants who have violated criminal laws. The program currently is operational in 69 law enforcement agencies in 24 states, according to ICE. In an effort to impose greater consistency and accountability in cooperative efforts with state and local law enforcement, ICE in 2008 launched Secure Communities. This program allows ICE to obtain directly from the Federal Bureau of Investigation fingerprints and other information about persons arrested at the local level, to determine whether they may be in the United States illegally and subject to immigration enforcement actions. Secure Communities has proved very controversial. While local and state law enforcement officials have expressed general support for the original intent of the program, many others have raised concerns that Secure Communities was promoted as an effort to deport illegal immigrants who have committed serious crimes, but in practice has also resulted in deportations of traffic violators and other minor offenders, and thus has created mistrust of local law enforcement. PERF took a role in exploring these issues in June 2011, when the U.S. Department of Homeland Security (DHS) convened a Task Force on Secure Communities to examine the uncertainties and confusion that came to characterize the program. PERF President and Philadelphia Police Commissioner Charles Ramsey served on this 14-member task force, along with three other PERF members, Las Vegas Sheriff Douglas Gillespie, Dallas County Sheriff Lupe Valdez, and Tucson Police Chief Roberto Villasenor; and PERF Executive Director Chuck Wexler served as Chairman. The Task Force issued a report containing recommendations to clarify the purpose of Secure Communities and to modify some of its policies and procedures in response to concerns by state and local governments. The intensity of the immigration issue has not diminished over time, as evidenced by recent developments in Arizona, Alabama, South Carolina, Georgia, and other states and localities. Frustrated by Congress’s failure to pass comprehensive national immigration reform legislation, these states and municipalities have passed controversial laws that impose additional immigration-related responsibilities on state and local law enforcement agencies. The Obama Administration has challenged several of these laws in federal courts, arguing that the federal government has the Constitutional authority to regulate immigration, not the states. The U.S. Supreme Court has agreed to consider the Constitutionality of Arizona’s law, in a case that could have implications for other states that have passed similar laws. So, while states and localities continue to pass laws that impose additional immigration-related responsibilities on state and local law enforcement agencies, and while DHS continues to rely on programs to foster cooperation between ICE and state and local law enforcement agencies, the fact remains that immigration continues to be an unsettled issue that affects law enforcement agencies across the country. Details: Washington, DC: Police Executive Research Forum, 2012. 68p. Source: Internet Resource: Accessed May 8, 2012 at: http://policeforum.org/library/immigration/VoicesfromAcrosstheCountryonImmigrationEnforcement.pdf Year: 2012 Country: United States URL: http://policeforum.org/library/immigration/VoicesfromAcrosstheCountryonImmigrationEnforcement.pdf Shelf Number: 125172 Keywords: Illegal AliensIllegal Immigration (U.S.)ImmigrantsLaw Enforcement and ImmigrationPolicing and Immigration Law |
Author: Rytina, Nancy Title: Apprehensions by the U.S. Border Patrol: 2005 - 2008 Summary: Statistics on apprehensions represent one of the few indicators available regarding illegal entry or presence in the United States. This Office of Immigration Statistics Fact Sheet provides information on recent trends in U.S. Border Patrol apprehensions and the gender, age, country of origin, and geographic location of persons apprehended during 2005 through 2008. Databeginning in 2005 were obtained from the Enforcement Case Tracking System (ENFORCE) of the Department of Homeland Security (DHS). For prior years, data were obtained from the Performance Analysis System (PAS) of DHS. Details: Washington, DC: Office of Immigration Statistics, U.S. Department of Homeland Security, 2009. 2p. Source: Fact Sheet: Internet Resource: Accessed May 8, 2012 at http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_apprehensions_fs_2005-2008.pdf Year: 2009 Country: United States URL: http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_apprehensions_fs_2005-2008.pdf Shelf Number: 125208 Keywords: ArrestsBorder PatrolCrime TrendsDemographic TrendsIllegal AliensIllegal ImmigrationImmigrants |
Author: Ward, Tony Title: Long-Term Health Costs of Extended Mandatory Detention of Asylum Seekers Summary: This report urges Australians to consider the long-term consequences of asylum policies. Current approaches do not take into consideration many hidden costs associated with mandatory detention of asylum seekers. The report highlights that in addition to the high costs of maintaining detention facilities, there are significant additional costs as a result of prolonged detention for the long-term healthcare of former asylum seekers once they are released into the community. The national tax summit, held on 4 and 5 October 2011, received many submissions stressing the importance of careful long-term costings of policies. In a similar vein, this report estimates the Long-term health costs of extended mandatory detention of asylum seekers. For the first time in Australia, it does so by applying innovative costing approaches developed in the Netherlands. It is now well established that lengthy periods in detention cause significant mental health problems for asylum seekers. The Howard Government recognised this in 2005, when it agreed that 25 of the 27 detainees then remaining on Nauru should be brought to Australia. This was after doctors had diagnosed serious mental health conditions. More generally, a study of detained asylum seekers in Australia found that more than one third of those detained for more than two years had new mental health problems in 2006-07. This was ten times the rate of mental health problems for those detained for less than 3 months. There is good evidence This report urges Australians to consider the long-term consequences of asylum policies. Current approaches do not take into consideration many hidden costs associated with mandatory detention of asylum seekers. The report highlights that in addition to the high costs of maintaining detention facilities, there are significant additional costs as a result of prolonged detention for the long-term healthcare of former asylum seekers once they are released into the community. The national tax summit, held on 4 and 5 October 2011, received many submissions stressing the importance of careful long-term costings of policies. In a similar vein, this report estimates the Long-term health costs of extended mandatory detention of asylum seekers. For the first time in Australia, it does so by applying innovative costing approaches developed in the Netherlands. It is now well established that lengthy periods in detention cause significant mental health problems for asylum seekers. The Howard Government recognised this in 2005, when it agreed that 25 of the 27 detainees then remaining on Nauru should be brought to Australia. This was after doctors had diagnosed serious mental health conditions. More generally, a study of detained asylum seekers in Australia found that more than one third of those detained for more than two years had new mental health problems in 2006-07. This was ten times the rate of mental health problems for those detained for less than 3 months. There is good evidence This report urges Australians to consider the long-term consequences of asylum policies. Current approaches do not take into consideration many hidden costs associated with mandatory detention of asylum seekers. The report highlights that in addition to the high costs of maintaining detention facilities, there are significant additional costs as a result of prolonged detention for the long-term healthcare of former asylum seekers once they are released into the community. The national tax summit, held on 4 and 5 October 2011, received many submissions stressing the importance of careful long-term costings of policies. In a similar vein, this report estimates the Long-term health costs of extended mandatory detention of asylum seekers. For the first time in Australia, it does so by applying innovative costing approaches developed in the Netherlands. It is now well established that lengthy periods in detention cause significant mental health problems for asylum seekers. The Howard Government recognised this in 2005, when it agreed that 25 of the 27 detainees then remaining on Nauru should be brought to Australia. This was after doctors had diagnosed serious mental health conditions. More generally, a study of detained asylum seekers in Australia found that more than one third of those detained for more than two years had new mental health problems in 2006-07. This was ten times the rate of mental health problems for those detained for less than 3 months. There is good evidence that such trauma causes long-term mental health problems. This report estimates the lifetime health costs of such trauma. On conservative estimates – that trauma sufferers will have lifetime mental health costs 50% more than the average – the report shows this will cost an additional $25,000 per person. In recent years, more than 80% of detained asylum seekers have eventually been successful in settling in Australia. This means that such extra health costs have to be met by the Australian health system, and Australian taxpayers have to pick up the tab. The Australian immigration system already has extensive health checks for migrants seeking to come to this country. One of the key reasons is to protect public expenditure on health and community services. It is strange that another current element in current immigration policy – mandatory detention of asylum seekers – has the direct effect of increasing public expenditure on health and community services. Details: Melbourne: Yarra Institute for Religion and Social Policy, 2011. 27p. Source: Internet Resource: Accessed May 9, 2012 at: http://www.yarrainstitute.org.au/Portals/0/docs/Ward.long-term%20costs%20v12Oct.2011.pdf Year: 2011 Country: Australia URL: http://www.yarrainstitute.org.au/Portals/0/docs/Ward.long-term%20costs%20v12Oct.2011.pdf Shelf Number: 125222 Keywords: Asylum (Australia)Detention PracticesHealth CareImmigrantsMental Health |
Author: Legal Action Center Title: Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel Summary: While many people have heard of immigration courts, few understand that immigration judges make only a small percentage of the decisions about immigration status. Most determinations are made by U.S. Citizenship and Immigration Services (USCIS) adjudicators, U.S. Customs and Border Protection (CBP) inspectors, U.S. Immigration and Customs Enforcement (ICE) officers, and other government officials empowered to decide an individual’s fate. These decisions might result in lengthy imprisonment and expulsion from the country and often are made without affording the affected individuals access to legal counsel at their own expense. The right to competent legal representation is a constitutional mandate in criminal law. It is also a well‐recognized right in immigration court, although—by contrast with criminal proceedings—the government does not appoint lawyers for indigent noncitizens. Individuals in many types of administrative proceedings before the immigration agencies similarly have a right to legal representation. However, in this obscure world of decision‐making outside the courtroom, the right is often unrecognized or denied. Even when officials provide some access to counsel, the Department of Homeland Security (DHS), particularly ICE and CBP, have discouraged or prevented counsel from meaningfully participating in their clients’ cases. The American Immigration Council (Immigration Council), the American Immigration Lawyers Association (AILA), and the Center for Immigrants’ Rights at Pennsylvania State University’s Dickinson School of Law began a project over two years ago to uncover the scope of these limitations on access to counsel. Using a variety of tools—including surveys and in‐depth interviews, Freedom of Information Act (FOIA) requests, and extensive policy and legal analysis—we discovered that limitations on access to counsel were prevalent throughout DHS. Prior to issuing this report, the Immigration Council sought to bring these problems to the attention of the individual agencies. Only USCIS was responsive. In fact, USCIS has made significant revisions to its policies regarding access to counsel in response, at least in part, to the concerns we identified. With respect to ICE and CBP, however, the urgent need for reform remains. Details: Washington, DC: Legal Action Center, American Immigration Council, 2012. 26p. Source: Internet Resource: Accessed June 7, 2012 at http://www.legalactioncenter.org/sites/default/files/docs/lac/Behind_Closed_Doors_5-31-12.pdf Year: 2012 Country: United States URL: http://www.legalactioncenter.org/sites/default/files/docs/lac/Behind_Closed_Doors_5-31-12.pdf Shelf Number: 125344 Keywords: Criminal Justice ReformCustoms EnforcementDefense Attorneys, AccessImmigrants |
Author: Cavendish, Betsy Title: Reimagining the Immigration Court Assembly Line: Transformative Change for the Immigration Justice System Summary: The United States takes particular pride in our justice system. Acknowledging it’s not perfect, we rely on this system to give people a day in court, a fair shot to explain their cases before a judge who is genuinely open-minded. We expect both sides to have access to the basic facts and an opportunity to develop additional evidence; we expect that the judge will rule based on the facts and the law; and we expect the disappointed party to have the right to appeal before another impartial tribunal, where errors can be undone. We expect the government to seek justice for all and to use its prosecutorial resources wisely, to address the cases of truly public import. We value courts so highly as an alternative to cruder, more violent and far more unjust means of solving disputes that the United States advocates around the world for countries to empower independent courts to function legitimately as critical components of systems of justice. Our 2009 report, Assembly Line Injustice, found that U.S. Immigration Courts all too often, and in many, many categories, fell far short of being just, efficient places where personal dramas and dreams of belonging in the United States could be resolved. The Immigration Courts were often perceived as illegitimate, and people returned to home countries with a sense of having been dealt an injustice under the name of United States law. The losers in any case are bound to be disappointed, but it’s inexcusable to give them reason to feel that they endured a sham process carried out in the name of the law. Too often, we in the U.S. gave people reason to feel wronged. Through this update report, Appleseed and Chicago Appleseed Fund for Justice, together with our pro bono partners at Akin Gump Strauss Hauer & Feld, Latham & Watkins and the law schools at George Washington University and IIT Kent, are demonstrating that we are staying on the case of ensuring that our immigration justice system is just that: a system of justice. In updating our 2009 report, we note some significant improvements— and certainly a desire on the part of many government officials—to ensure a fair process, to promote prioritization of cases and modernization of recordings and systems. We also note some areas, as for instance in the patently unfair use of videoconferencing, where the government barely even nods in the direction of trying to ensure fair treatment for all. Details: Chicago: Chicago Appleseed Fund for Justice, 2012. 108p. Source: Internet Resource: Accessed June 27, 2012 at: http://appleseednetwork.org/LinkClick.aspx?fileticket=9yXUsswTnBI%3D&tabid=157 Year: 2012 Country: United States URL: http://appleseednetwork.org/LinkClick.aspx?fileticket=9yXUsswTnBI%3D&tabid=157 Shelf Number: 125409 Keywords: ImmigrantsImmigrationImmigration Courts (U.S.) |
Author: Rabin, Nina Title: At the Border between Public and Private: U.S. Immigration Policy for Victims of Domestic Violence Summary: This paper is an examination of the treatment of women in flight from domestic violence at the U.S. Mexico border. It compares the robust state protections and institutional framework for women victims of domestic violence in the interior of the country with the hostile landscape women encounter at the border. The paper draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small data set of women who fled domestic violence and were detained in Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. The case study, data sample, and policy analysis paint a grim picture that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and a justice system that harkens back to the time, fifty years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond. Most often, women are immediately turned around and sent back to the abuse without any opportunity to explain their terror. If they do voice their fear, they are often locked up in detention centers for months and sometimes years at a time. In the majority of cases, after this prolonged incarceration, they are deported back to the abuse from which they fled. The U.S. immigration policies and practices that lead to these results are not only failing to respond to these victims’ harms; they are actually exacerbating their trauma and isolation, often sending them back to a more dangerous situation than the one they originally fled. Building on this descriptive account, the paper analyzes whether there is sound justification for the differential treatment immigrant women victims of domestic violence receive at the border as compared to in the interior of the country. A closer look at the treatment of immigrant victims of domestic violence in the interior reveals that they receive state protection and assistance so long as they are conceived of solely in terms of their victimization. Inevitably, when their status as victims becomes intertwined with their status as undocumented immigrants, the state’s commitment to robust protection and assistance weakens. What is unique at the geographic border, however, is the ways in which these anxieties about admissions are cloaked in language about the “private” nature of the violence at issue for women in flight from domestic violence. This use of the public/private distinction to express underlying concerns about immigration admissions policies is disturbing on two counts: it fails to discuss transparently the considerations at issue and it minimizes the deep structural roots of domestic violence no matter where it occurs. Details: Tucson, AZ: James E. Rogers College of Law, University of Arizona, 2012. 58p. Source: Internet Resource: Draft Paper: Accessed July 2, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2084363 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2084363 Shelf Number: 125457 Keywords: AsylumDomestic ViolenceDomestic Violence (U.S.)Immigrant DetentionImmigrantsViolence Against Women |
Author: Rutgers School of Law–Newark Immigrant Rights Clinic (IRC) Title: Freed but not Free: A Report Examining the Current Use of Alternatives to Immigration Detention Summary: In May 2011, the White House released a report entitled, “Building a 21st Century Immigration System.”1 In recognition of the need to balance the valuable economic contributions made by immigrants with the need to secure the nation’s borders, the Obama Administration detailed its “blueprint” to remedy issues related to unlawful immigration as well as to strengthen the economy.2 The document also included other proposals for change, such as creating a more humane immigration system, providing clearer compliance guidance, and improving the immigration court system.3 Among its many outlined solutions, the Obama Administration made clear its desire to remedy critical detention issues, including expanding the capacity of alternative to detention (ATD) programs.4 As the use of ATD programs increases, the need to examine such programs to ensure they are being carried out fairly and effectively also becomes greater. As set forth in further detail in the report, immigration detention is costly, and it is unnecessary except in rare cases. For this reason, many advocates have called for an increase in alternatives to detention. Despite the proven effectiveness of many alternatives to detention, as this report makes clear, the capacity of the current ATD system is insufficient. At present, many individuals who are released from detention are placed on an Order of Release on Recognizance (ROR) or an Order of Supervision (OSUP), under which participants are required to check in periodically with Immigration and Customs Enforcement (ICE), among other requirements. Some of those individuals are subject to the Intensive Supervision Appearance Program (ISAP), which includes an electronic monitoring component and is administered by a private company. This report attempts to examine the use, enforcement, restrictions, and human impact of the existing ATD programs in New Jersey and nationally. For the thousands of individuals that ICE places on supervisory programs—many of whom have been determined to be neither a flight risk nor a danger to the community—ATD programs can be both liberating and debilitating. This report highlights the economic, psychological, emotional, and physical toll faced by individuals under ATD programs and proposes some recommendations for reform. Details: Newark, NJ: Rutgers School of Law-Newark, Immigrant Rights Clinic; Philadelphia: American Friends Service Committee, 2012. 58p. Source: Internet Resource: Accessed July 5, 2012 at: http://www.law.newark.rutgers.edu/files/FreedbutnotFree.pdf Year: 2012 Country: United States URL: http://www.law.newark.rutgers.edu/files/FreedbutnotFree.pdf Shelf Number: 125470 Keywords: Alternative to IncarcerationIllegal AliensImmigrant Detention (U.S.)Immigrants |
Author: MacRae-Krisa, Leslie D. Title: Risk and Protective Factors Among an Ethnically Diverse Sample of Youth Offenders in Calgary Summary: The Government of Alberta’s recently implemented Crime Prevention Framework (2011) stresses the importance of a proactive approach to crime that addresses the factors leading to offending and victimization. The framework identifies that this may be accomplished by focusing on increasing protective factors and reducing risk among target groups, including at-risk children, youth, and families, Aboriginal people, and prolific offenders (Government of Alberta, 2011). One of the strategic directions by which the Government of Alberta has proposed to achieve the framework’s outcomes is to expand existing research in Alberta. The Mount Royal University Centre for Criminology and Justice Research (CCJR) identified a number of priority research areas that will ultimately support the framework, one of which is examining risk and protective factors among Aboriginal people and “newcomers” to Canada. In response to the CCJR’s call for research to examine risk and protective factors for offending among immigrant and Aboriginal communities, the Canadian Research Institute for Law and the Family (CRILF) conducted an exploratory study of risk and protective factors for crime among Aboriginal youth, 1st and 2nd generation immigrant/refugee youth, and other ethnic groups using existing youth crime data. The objectives were as follows: (1) To examine the existing Canadian literature to determine what is known about ethnic differences in risk and protective factors among youth offenders in Canada; (2) To conduct exploratory analyses of the Calgary youth offending data collected by CRILF in 2006/2007 to determine whether similarities and/or differences in established risk and protective factors for crime exist among different ethnic groups in the sample; and (3) To adopt a grounded theoretical approach, informed by existing theoretical models, to explain the similarities and differences observed in risk and protective factors for youth offending among different ethnic groups. Details: Calgary, Alberta, Canada: Mount Royal University Centre for Criminology & Justice Research, 2011. 81p. Source: Internet Resource: Accessed July 6, 2012 at: http://people.ucalgary.ca/~crilf/publications/Risk_and_Protective_Factors.pdf Year: 2011 Country: Canada URL: http://people.ucalgary.ca/~crilf/publications/Risk_and_Protective_Factors.pdf Shelf Number: 125486 Keywords: Aboriginal YouthDelinquency PreventionImmigrant YouthImmigrantsJuvenile Delinquents (Canada)Youthful Offenders |
Author: Ciudadana, Mirada Title: The Prelude to Human Trafficking: Vulnerable Spaces for Andean Migrants in the European Union Summary: This exploratory study was born out of the desire to shed light on possible human trafficking cases in Europe. The initial research goals were modified during the research process due to difficulties in locating human trafficking cases in which Peru was the country of origin and Europe the point of destination. For this reason it was not possible to learn about characteristics of the victims or about their experiences. Consequently, more emphasis was placed on examining factors that could have favored the development of human trafficking in Europe and which could help explain why some groups of people may be more vulnerable than others to becoming victims of human trafficking. Given the difficulties of obtaining information about victims of Peruvian origin in the European Union (EU), it was deemed necessary to expand the scope of the research and include information about people from the entire Andean community (Ecuador, Colombia and Bolivia, as well as Peru). However, the main results of this study focus on the Peruvian community, while data regarding trafficking victims from the Andean community serve as contextual support. Following the initial research, Mirada Ciudadana continued the study, broadening the scope and research about irregular migration of persons of the Andean community in the European Union, especially in Spain and Italy, countries which contain more than 70% of the Andean migrants in the European Union. 1 Mirada Ciudadana contacted civil society organizations that deal with human trafficking in the European Union and migratory issues in general in Peru, as well as Peruvian consular representatives in European countries with the largest number of Andean migrants. Mirada Ciudadana also contacted European government offices which provide assistance and protective services to trafficking victims in EU countries. The authors also contacted Peruvian associations in the EU. The primary objectives of this study seek to identify cases of human trafficking victims in the European Union and to identify vulnerable situations conducive to human trafficking. These objectives lead to several questions which have been separated into two main areas: The first area includes questions related to the quantitative and qualitative dimensions of human trafficking and groups of people that are vulnerable to exploitation: What are the driving factors leading to the existence of spaces prone to human trafficking and human exploitation in general? How is it possible to obtain viable statistics given the illicit nature of irregular migration? How many confirmed cases exist involving trafficked Peruvians in the European Union? How many cases exist that involve persons from other Andean countries? What impact could irregular migration have on the global human trafficking problem? The second set of questions relates to the best mechanisms for obtaining this information: What institutions have the greatest access to victims: Consular representatives whose mission is to protect their fellow citizens? Civil society organizations and government entities that provide specialized assistance and protection to trafficking victims? Local associations established in the receptor countries comprised of Andean citizens? Are these institutions willing to share this information and why? What responses did these institutions provide when contacted? In response to these questions, the study is divided into five main sections: • The first section presents the research aims and methodology. • In the next section, the historical background of this issue is reviewed to provide a foundation for further development. • Subsequently, the context and motivations for Andean migration to the European Union are explored, reviewing historical links as well as the main causes of this phenomenon. • Based on these factors, the fourth section deals with the principal vulnerable spaces in which the conditions conducive to human trafficking are fostered. The main job sectors where exploitive situations identified are examined, as well as the development of European migratory policies and their impact on human trafficking. • The fifth section outlines cases that have been identified and their characteristics, including a brief analysis of possible reasons for the number of cases identified. Finally, it provides comments about the responses from each sector contacted. This initial study aims to demonstrate the difficulty of gaining access to quantitative and qualitative information that would permit the identification of characteristics of persons vulnerable to human trafficking. In addition, it seeks to clarify important aspects of the contexts in which victims of exploitative situations and potential human trafficking cases are found. Thus, this study will serve as a foundation for future research within the European Union that will be able to identify vulnerable spaces and interview victims to learn about more aspects of their actual situations. Details: Peru: Mirada Ciudadana and Capital Humano y Social Alternativo, 2009. 85p. Source: Internet Resource: Accessed July 11, 2012 at: http://www.chsalternativo.org/upload/archivos/archivo_300.pdf Year: 2009 Country: Europe URL: http://www.chsalternativo.org/upload/archivos/archivo_300.pdf Shelf Number: 125537 Keywords: Human Trafficking (Europe, South America)ImmigrantsImmmigrationSexual Exploitation |
Author: Hayes, Ben Title: Borderline- The EU’s New Border Surveillance Initiatives, Assessing the Costs and Fundamental Rights Implications of EUROSUR and the ‘Smart Borders’ Proposals Summary: This research paper ‘Borderline’ examines two new EU border surveillance initiatives: the creation of a European External Border Surveillance System (EUROSUR) and the creation of the so-called ‘smart borders package’…. EUROSUR promises increased surveillance of the EU’s sea and land borders using a vast array of new technologies, including drones (unmanned aerial vehicles), off-shore sensors, and satellite tracking systems. The EU’s 2008 proposals gained new momentum with the perceived ‘migration crisis’ that accompanied the ‘Arab Spring’ of 2011, which resulted in the arrival of thousands of Tunisians in France. These proposals are now entering a decisive phase. The European Parliament and the Council have just started negotiating the legislative proposal for the EUROSUR system, and within months the Commission is expected to issue formal proposals for the establishment of an [Entry-Exit System] and [Registered Traveller Programme]. The report is also critical of the decision-making process. Whereas the decision to establish comparable EU systems such as EUROPOL and FRONTEX were at least discussed in the European and national parliaments, and by civil society, in the case of EUROSUR – and to a lesser extent the smart borders initiative – this method has been substituted for a technocratic process that has allowed for the development of the system and substantial public expenditure to occur well in advance of the legislation now on the table. Following five years of technical development, the European Commission expects to adopt the legal framework and have the EUROSUR system up and running (albeit in beta form) in the same year (2013), presenting the European Parliament with an effective fait accomplit. Details: Berlin: Heinrich-Boll-Stiftung, 2012. 83p. Source: Internet Resource: Accessed July 18, 2012 at: http://www.boell.de/downloads/DRV_120523_BORDERLINE_-_Border_Surveillance.pdf Year: 2012 Country: Europe URL: http://www.boell.de/downloads/DRV_120523_BORDERLINE_-_Border_Surveillance.pdf Shelf Number: 125618 Keywords: Border Security (Europe)ImmigrantsImmigrationSurveillance |
Author: Hiemstra, Nancy Ann Title: The View From Ecuador: Security, Insecurity, and Chaotic Geographies of U.S. Migrant Detention and Deportation Summary: The central argument of this dissertation is that while the immigration enforcement policies of detention and deportation are politically positioned as critical strategies for protecting U.S. homeland security, these policies actually create insecurity at multiple scales. The project, grounded in both critical geopolitics and feminist political geography, endeavors to interrogate the ‗master narratives‘ behind these restrictive policies. First, the dissertation explores the historical, political, and cultural factors behind the United States‘ increased use of detention and deportation, as well as the deepseated structural factors driving Ecuadorian migration to the United States. Then, drawing on ethnographic fieldwork in Ecuador with deportees and family members of detained migrants, the study seeks to understand ways in which these policies are embodied both within and outside U.S. borders. It is suggested that the detention and deportation system engenders chaos – or the appearance of chaos – in numerous spaces and for various groups of individuals. Three ‗chaotic geographies‘ of the system are explored in order to scrutinize the enactment of immigration policy: the operation of the system itself, detainees‘ experiences, and reverberations of detention and deportation in Ecuador. Data show that inside U.S. borders, these enforcement policies interact recursively with processes of racialization and criminalization to generate insecurity for detained migrants and discipline employees to behave in particular ways. In addition, due to its inherent disorder and confusion, the detention and deportation system projects a cloak of impenetrability that hides the powerful actors behind its expansion, faults, and abuses. The dissertation then investigates how the chaos of detention and deportation extends transnationally to countries of migrant origin to produce insecurity precisely at the scale of the home for migrants‘ families, communities, and for returned migrants. In Ecuador, detention and deportation increase economic and ontological insecurity for family members and returned migrants in ways that spread throughout communities. Moreover, data from Ecuador illustrate that policymakers‘ objectives of deterrence do not play out as anticipated. In this project, the author joins critical scholars in calling for an expanded understanding of the concept of security, one which incorporates multiple scales and operates across political borders. Details: Syracuse, NY: Syracuse University, Maxwell School of Citizenship and Public Affairs, 2011. 328p. Source: Internet Resource: Dissertation: Accessed July 19, 2012 at: http://surface.syr.edu/cgi/viewcontent.cgi?article=1068&context=geo_etd&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%2522the%2520view%2520from%2520ecuador%253A%2520security%2522%26source%3Dweb%26cd%3D2%26ved%3D0CFMQFjAB%26url%3Dhttp%253A%252F%252Fsurface.syr.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1068%2526context%253Dgeo_etd%26ei%3DvwsIUOjYOsTr0QGY45XZAw%26usg%3DAFQjCNEdrVc4H0guG5jVeq8-VDDaxJvmQA#search=%22view%20from%20ecuador%3A%20security%22 Year: 2011 Country: Ecuador URL: http://surface.syr.edu/cgi/viewcontent.cgi?article=1068&context=geo_etd&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%2522the%2520view%2520from%2520ecuador%253A%2520security%2522%26source%3Dw Shelf Number: 125676 Keywords: Border SecurityDeportationIllegal AliensImmigrant DetentionImmigrantsImmigration (Ecuador) |
Author: United Nations Economic and Social Council. Commission on Crime Prevention and Criminal Justice Title: World Crime Trends and Emerging Issues and Responses in the Field of Crime Prevention and Criminal Justice Summary: The present document was prepared in accordance with the practice established by Economic and Social Council resolution 1990/18. The document provides information on preliminary results from the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems covering the year 2010, on statistics on trends and patterns in intentional homicide and on the prominent theme of the twenty-first session of the Commission on Crime Prevention and Criminal Justice: Violence against migrants, migrant workers and their families. The document also includes an overview of some of the methodological challenges in obtaining crime and criminal justice data and improving their quality. Details: Vienna: United National Economic and Social Council, 2012. 32p. Source: Internet Resource: Accessed August 2, 2012 at: http://www.unodc.org/documents/data-and-analysis/Crime-statistics/V1250994.pdf Year: 2012 Country: International URL: http://www.unodc.org/documents/data-and-analysis/Crime-statistics/V1250994.pdf Shelf Number: 125844 Keywords: Crime MeasurementCrime PreventionCrime RatesCrime StatisticsCrime Trends (International)HomicidesImmigrants |
Author: U.S. Government Accountability Office Title: Secure Communities: Criminal Alien Removals Increased, but Technology Planning Improvements Needed Summary: Data from the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) indicate that the percentage of its removals attributable to Secure Communities increased from about 4 percent in fiscal year 2009 to about 20 percent in fiscal year 2011. Of about 183,000 aliens removed under the program from October 2008 through March 2012, about 74 percent had a criminal conviction. ICE did not have state or local arrest charges for about 56 percent of alien Secure Communities removals from October 2010 (when ICE began collecting arrest charges) through March 2012, so we were unable to determine the most frequent arrest charges under the program. For the 44 percent of aliens removed on whom ICE collected arrest charge data, traffic offenses, including driving under the influence of alcohol, were the most frequent arrest charges. ICE is taking steps to improve the collection of arrest charge data, but it is too early to assess the effectiveness of its efforts. ICE has not consistently followed best practices in acquiring technology to help determine the immigration status of aliens identified by Secure Communities. ICE awarded contracts to modernize its technology without fully defining requirements or developing an integrated master schedule—two best practices for managing capital programs. As a result, ICE encountered delays, cost increases, and products that did not meet ICE’s needs. For example, ICE spent $14.3 million for one contract to develop services that ICE found to be unusable. Establishing well-defined requirements and developing an integrated schedule for completing technology modernization could better position ICE to prevent delays and cost increases. Further, ICE plans to develop a workforce plan after the systems are deployed. Developing a workforce plan prior to full system deployment, consistent with internal controls, could better position ICE to effectively use staff when it deploys the modernized technology. DHS’s Office of Civil Rights and ICE identified four safeguards to help protect aliens’ civil rights under Secure Communities, including providing detainees with a revised detainer form with telephone numbers to call when they feel their civil rights have been violated. Officials are also developing briefing materials on how to protect aliens’ civil rights, statistically analyzing arrest and other information to identify potential civil rights abuses, and using an existing DHS complaint process for addressing Secure Communities concerns. Initiated in 2008, Secure Communities is an ICE program designed to identify potentially removable aliens, particularly those with criminal convictions, in state and local law enforcement custody. Fingerprints checked against a Federal Bureau of Investigation criminal database are checked against DHS’s immigration database to help determine whether an arrested individual is removable. GAO was asked to review Secure Communities operations. This report addresses (1) enforcement trends under Secure Communities, (2) ICE’s adherence to best practices in acquiring Secure Communities–related technology, and (3) ICE safeguards to help protect against potential civil rights abuses under Secure Communities. GAO analyzed ICE data on removals from October 2008 through March 2012, and arrest charges from October 2010 through March 2012; reviewed program guidance, policies, and reports; and interviewed ICE’s Law Enforcement Support Center and agency officials, local law enforcement and community groups in four locations selected for geographic diversity, among other factors. These perspectives are not generalizable, but provided insights into Secure Communities operations. GAO recommends that ICE develop well-defined requirements and an integrated master schedule that accounts for all activities for its technology contracts, and a plan for workforce changes in preparation for full technology deployment. DHS concurred with the recommendations. Details: Washington, DC: GAO, 2012. 59p. Source: Internet Resource: GAO-12-708: Accessed August 3, 2012 at: http://www.gao.gov/assets/600/592415.pdf Year: 2012 Country: United States URL: http://www.gao.gov/assets/600/592415.pdf Shelf Number: 125850 Keywords: Criminal Aliens (U.S.)ImmigrantsImmigrants and CrimeImmigrationImmigration and Customs Enforcement (ICE) |
Author: Kohli, Aarti Title: Borders, Jails, and Jobsites: An Overview Of Federal Immigration Enforcement Programs in the U.S. Summary: This report provides an overview of the current state of immigration enforcement in the United States in order to encourage and facilitate a productive discussion towards reform. The paper summarizes available background information and the latest research on the key components of the enforcement system. It describes the primary actors and programs, presents specific concerns identified by scholars, advocates and researchers, and offers preliminary recommendations. Details: Berkeley, CA: The Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity, University of California, Berkeley Law School, 2011. 40p. Source: Internet Resource: Accessed September 18, 2012 at: http://www.wilsoncenter.org/sites/default/files/WI_Enforcement_Paper_final_web.pdf Year: 2011 Country: United States URL: http://www.wilsoncenter.org/sites/default/files/WI_Enforcement_Paper_final_web.pdf Shelf Number: 126372 Keywords: Border SecurityIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration (U.S.) |
Author: Marsh, Kevin Title: An Economic Analysis of Alternatives to Long-Term Detention Summary: The objective of this research was to determine the cost savings associated with the timely release of migrants pending removal who are currently detained for long periods only to be released back into the community. The UK Border Agency (UKBA) recommends that detention only be used for the shortest period necessary, pending resolution of immigration cases, i.e. removal or the determination of outstanding appeals (Home Office, 2011a). However, in practice, a significant number of individuals are held in detention for long periods before, ultimately, being released back into the community without resolution of their cases (Home Office, 2011b). Around 26,000 migrants enter detention per year. It is estimated that nearly 11 per cent of individuals entering detention spend greater than 3 months in detention, and 2 per cent spend greater than a year (Home Office, 2011b). Almost 40 per cent of detainees who spend more than 3 months in detention are eventually released into the community with their case still outstanding (Home Office, 2011b). The UKBA currently carries out a risk assessment of ex-offenders prior to the decision to detain (UKBA, 2011a). The scope of this risk assessment could be extended in order to identify those individuals who cannot be deported within a reasonable and lawful period of detention, and who will, therefore, eventually be released back into the community. Early identification and timely release of these individuals would save the cost of their protracted and fruitless detention. This more efficient use of detention space would mean that the same numbers of removals could be achieved using a reduced number of detention spaces. The analysis summarised in this report estimates that an improved risk assessment could result in cost savings of £377.4 million over a 5-year time period. This estimate comprises: £344.8 million in detention cost savings over 5 years. £37.5 million in avoided unlawful detention payments over 5 years. Minus £5.0 million in the extra cost of Section 4 support, including housing and living costs, for the additional time that migrants spend in the community. When analysing the savings over time, it is estimated that improved risk assessment could result in cost savings of £71.5 million, £81.2 million, £78.1 million, £74.9 million, and £71.6 million in each of the next 5 years, respectively. This amounts to average savings of £75.5 million per year, which could result in cost savings of £377.4 million over a 5 year time period. To contextualise these savings, it costs roughly £20 million per year to run a detention centre (UKBA, 2011b, Home Office, 2011b). Based on these costs, the analysis indicates that, by providing timely release for migrants, the UKBA could save the equivalent of the cost of running at least three detention centres over the next 5 years. A proportion of the expected savings could be reinvested in more intensive community-based support, which can be expected to generate increased rates of case resolution and voluntary return. For example, in Australia, migrants who would in the past have been detained are provided with case management support to resolve their immigration cases. The evidence from Australia suggests that case management is effective in increasing uptake of voluntary return. Currently in the UK, interventions are being piloted that replicate elements of Australian case management, although they have not been used as alternatives to detention. The analysis suggests that providing case management in the UK to all the migrants who would be released promptly in the above analysis would cost around £164.2 million, about 44 per cent of the savings made as a result of avoided detention. However, as voluntary returns are far cheaper than enforced removals, this could lead to further savings as well as increased overall numbers of returns. Details: London: Matrix Evidence, 2012. 26p, Source: Internet Resource: Accessed September 26, 2012 at:http://detentionaction.org.uk/wordpress/wp-content/uploads/2012/09/Matrix-Detention-Action-Economic-Analysis-0912.pdf Year: 2012 Country: United Kingdom URL: http://detentionaction.org.uk/wordpress/wp-content/uploads/2012/09/Matrix-Detention-Action-Economic-Analysis-0912.pdf Shelf Number: 126465 Keywords: Costs of Criminal Justice (U.K.)EconomicsIllegal AliensImmigrant DetentionImmigrants |
Author: Guttin, Andrea Title: The Criminal Alien Program: Immigration Enforcement in Travis County, Texas Summary: The Criminal Alien Program (CAP) is a program administered by Immigration and Customs Enforcement (ICE) that screens inmates in prisons and jails, identifies deportable non-citizens, and places them into deportation proceedings. In this Special Report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, provides a brief history and background on the CAP program. It includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling. Details: Washington, DC: Immigration Policy Center, American Immigration Council, 2010. 22p. Source: Internet Resource: Accessed September 29, 2012 at: http://www.immigrationpolicy.org/sites/default/files/docs/Criminal_Alien_Program_021710.pdf Year: 2010 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/Criminal_Alien_Program_021710.pdf Shelf Number: 126497 Keywords: Border PatrolBorder SecurityDeportationIllegal AliensImmigrantsImmigration (U.S.) |
Author: Chiru, Mihail Title: Physical Insecurity and Anti-Immigration Views in Western Europe Summary: This article assesses the effect of feelings of physical insecurity on the perceived consequences of immigration and the preferred level of restriction in this policy area. Our comparative analysis uses individual level and country level data for 12 Western European countries. Our statistical analyses indicate significant effects both at pooled level and in most of the separate tests conducted on national samples. Overall, a switch in physical insecurity from the minimal to the maximal level decreases the preference for liberal immigration policies by 7.4% and increases the negative evaluations of the immigration consequences by 8.3%. The findings also emphasize the importance of social alienation, radical-right partisanship, and of ‘tough on crime’ attitudes on the formation of anti-immigration opinions. The cross-country variation in the main effect is partially explained by the size of the immigration community, unemployment rates and the change in GDP real growth. Details: Oxford, UK: Centre on Migration, Policy and Society, 2012. 22p. Source: Internet Resource: Working Paper No. 98: Accessed October 1, 2012 at: http://www.compas.ox.ac.uk/publications/working-papers/wp-12-98/ Year: 2012 Country: Europe URL: http://www.compas.ox.ac.uk/publications/working-papers/wp-12-98/ Shelf Number: 126535 Keywords: ImmigrantsImmigrants and CrimeImmigration Policy (Europe) |
Author: Jones, Jessica Title: Forced From Home: The Lost Boys and Girls of Central America Summary: Beginning as early as October 2011, an unprecedented increase in the number of unaccompanied alien children (UACs) from the Central American countries of Guatemala, El Salvador and Honduras began migrating to the United States. During the first six months of fiscal year 2012, U.S. immigration agents apprehended almost double the number of children apprehended in previous years. The Department of Health and Human Service’s (HHS) Office of Refugee Resettlement (ORR), the agency tasked with the care and custody of these children, had a record number of 10,005 in its care by April 2012. In June 2012, the Women’s Refugee Commission (WRC) conducted field and desk research to look into possible reasons for the influx in the number of children migrating alone, and the government’s response, including conditions and policies affecting unaccompanied children. The WRC interviewed more than 150 detained children and met with government agencies tasked with responding to this influx, including the Department of Homeland Security’s (DHS) Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), ORR and the Department of Justice’s Executive Office of Immigration Review (DOJ/EOIR), as well as country experts, local service providers and facility staff. Our recommendations include both legislative and administrative solutions for the protection of UACs. Lost Boys and Girls of Central America Most of the children who have been apprehended as part of this influx are from three countries in Central America: Guatemala (35%), El Salvador (27%) and Honduras (25%). The majority of the children the WRC interviewed said that their flight northward had been necessitated by the dramatic and recent increases in violence and poverty in their home countries. The WRC’s independent research on the conditions in these countries corroborated the children’s reports. These increasingly desperate conditions reflect the culmination of several longstanding trends in Central America, including rising crime, systemic state corruption and entrenched economic inequality. Children from Guatemala, Honduras and El Salvador cited the growing influence of youth gangs and drug cartels as their primary reason for leaving. Not only are they subject to violent attacks by the gangs, they explained, they are also targeted by police, who assume out of hand that all children are gang-affiliated. Girls also face gender-based violence, as rape becomes increasingly a tool of control. Children from Guatemala cited rising poverty, poor harvests and continuing unemployment as reasons for migrating. Almost all of the children’s migration arose out of longstanding, complex problems in their home countries – problems that have no easy or short-term solutions. The title of this report, “The Lost Boys and Girls of Central America,” reflects that violence in Central America is generating “lost” children. Until conditions for children in these countries change substantially, we expect this trend will be the new norm. Details: New York: Women's Refugee Commission, 2012. 52p. Source: Internet Resource: Accessed November 2, 2012 at: http://wrc.ms/WuG8lM. Year: 2012 Country: United States URL: http://wrc.ms/WuG8lM. Shelf Number: 126814 Keywords: Homeless YouthImmigrantsImmigration DetentionJuvenile DetentionUnaccompanied Minors (U.S.) |
Author: Nunziata, Luca Title: Crime Perception and Victimization in Europe: Does Immigration Matter? Summary: This paper presents an empirical analysis of the effect of changes in immigration in region of residence on the likelihood of being a crime victim and on the subjective representation of criminality in local area of residence. To this purpose, the analysis exploits the recent immigration waves that took place in western European regions in the 2000s, using European Social Survey data matched with data from Labour Force Survey and other sources. Three alternative research strategies are proposed and discussed to account for possible endogeneity and measurement error of migration penetration: fixed effects by regions and country specific years; IV by instrumenting migration penetration at regional level using a second measurement provided by an alternative data source and an IV specification in differences where changes in immigration are instrumented using exogenous supply-push changes by migration flow areas. All identification strategies suggest no effect of immigration on crime victimization and perception in western Europe. However, simple OLS estimates suggest otherwise, implying that regional unobserved characteristics are partly responsible for inducing the public to wrongly imply a causal relationship between immigration and crime, whereas only a small positive correlation exists. This latter finding helps explaining why crime perception is an important driver of the attitude of European citizens towards immigration. Details: Padua, Italy: University of Padua, Department of Economics, 2012. 48p. Source: Internet Resource: Accessed November 9, 2012 at: http://www.csea.decon.unipd.it/download/projects/immigration/CSEA_2011_004_Nunziata.pdf Year: 2012 Country: Europe URL: http://www.csea.decon.unipd.it/download/projects/immigration/CSEA_2011_004_Nunziata.pdf Shelf Number: 126900 Keywords: Crime and ImmigrationFear of CrimeImmigrantsVictimization (Europe) |
Author: LeVoy, Michele Title: Ten Ways to Protect Undocumented Migrant Workers Summary: Every day hundreds of thousands of undocumented workers labor in different sectors of the economy in Europe. Undocumented workers often work and live in inhumane conditions, earning very little or no pay at all, and are insufficiently protected by legislation. Facing exploitation and abuse, many undocumented workers believe that they have no other option than to accept this situation. Fearing that they may be deported if they speak out, an overwhelming number suffer in silence. Meanwhile some economic sectors in the European Union are to a considerable extent dependent upon undocumented workers, who make up a substantial part of their workforce. This dependence may be hidden, not just by migrants’ silence, but by sub-contracting chains and employers’ complicity. PICUM, the Platform for International Cooperation on Undocumented Migrants, has collected detailed information obtained from NGOs, trade unions and other actors working with and advocating for undocumented workers, both in Europe and in the United States. The first section of this paper presents a summary of ten actions that contribute to the aim of respecting the dignity of undocumented migrants as humans and as workers. The second section of this paper presents ten policy recommendations that should be taken into account by policy makers. The employment and the exploitation of thousands of undocumented migrant workers in Europe is a symptom of the shortcomings of social, employment and migration policies. Tackling the roots of the problem of the exploitation of undocumented workers therefore constitutes a major challenge, requiring concerted efforts in all of these fields. Details: Brussels: PICUM, 2005. 119p. Source: Internet Resource: Accessed November 23, 2012 at: http://picum.org/picum.org/uploads/publication/Ten%20Ways%20to%20Protect%20Undocumented%20Migrant%20Workers%20EN.pdf Year: 2005 Country: International URL: http://picum.org/picum.org/uploads/publication/Ten%20Ways%20to%20Protect%20Undocumented%20Migrant%20Workers%20EN.pdf Shelf Number: 151470 Keywords: Illegal AliensIllegal ImmigrantsImmigrantsMigrant WorkersUndocumented Workers |
Author: Geddie, Eve Title: Strategies to End Double Violence Against Undocumented Women - Protecting Rights and Ensuring Justice Summary: Undocumented women are those residing in Europe without a valid residence or work permit. In an absence of rights and justice, violence can be a reason for their migration, the cause of their irregularity, and consequence of this unprotected status. Gender vulnerabilities increase the likelihood of migrant women to become undocumented, a status under which they are greatly exposed to systematic violence, abuse and discrimination. The majority of undocumented women arrive to Europe with a regular, but often highly dependent migration status and become undocumented for reasons outside of their own control. While many women leave their home countries in a bid to achieve justice and equality, the discriminatory and disempowering policies which govern the migration process can often disempower them. The lack of an independent legal status is a very common challenge for migrant women and means that those subject to violence, exploitation or misinformation can easily find themselves in an undocumented situation with no possibility to re-regularise their status. Migrant women may also become undocumented following an unsuccessful claim for asylum; those seeking protection are highly disadvantaged in the asylum system as claims on grounds of gender-based violence have a disproportionately high refusal rate in many of states.1 Finally, irregular entry is another route in which migrant women can become undocumented and one in which they are at particular risk of human rights abuses.2 As workers, migrants, and carers, undocumented migrant women are frequently the main wage earner and often negotiate on behalf of their families and communities with the social, educational and health systems. The tendency to detect irregular migrants through these systems therefore places undocumented women at additional risk of being detained and deported. Paradoxically, it is the active agency of migrant women, in addition to their urgent needs regarding housing, working conditions and protection from violence which enables disproportionate discrimination. While European governments recognise health and education as fundamental standards to improve the situation of vulnerable women abroad, they implement policies which effectively strip these same women of their innate rights and entitlements should they become undocumented within EU borders. The barriers facing undocumented women to access basic social rights, social support systems or redress for abuses increases their experience of violence. Details: Brussels, Belgium: PICUM, 2012. 128p. Source: Internet Resource: Accessed November 24, 2012 at: http://picum.org/picum.org/uploads/publication/Double%20Violence%20Against%20Undocumented%20Women%20-%20Protecting%20Rights%20and%20Ensuring%20Justice.pdf Year: 2012 Country: Europe URL: http://picum.org/picum.org/uploads/publication/Double%20Violence%20Against%20Undocumented%20Women%20-%20Protecting%20Rights%20and%20Ensuring%20Justice.pdf Shelf Number: 126996 Keywords: Illegal ImmigrantsImmigrantsMigrant WomenUndocumented Women (Europe)Violence Against Women |
Author: Alba, Francisco Title: New Approaches to Migration Management in Mexico and Central America Summary: This report "traces the history of migration and transmigration trends and policy in Mexico and Central America, and examines Mexico's sweeping 2011 immigration law and implementation challenges." The report contends that although attention has been focused mostly on migration from Mexico, the migration of individuals from Central America through Mexico has progressively become a complex and salient issue as well. "Over the past two decades, Mexico has increasingly become a destination for Central American migrants seeking to enter the United States; many remain in Mexico for extended periods and, in some cases, settle permanently. These flows have created new challenges for Mexican and Central American policymakers." This document examines the response of governments in the region to the growing issue of transit migration, and is "organized around four main themes: •A brief background on the migration phenomena in Mexico and its traditional regulatory framework. • Case studies of migration management in Guatemala, El Salvador, and Honduras. • Analysis of Mexico's attempts in recent years to create a formal framework for migration management. • A discussion of the implications of emerging national institutional frameworks on the management of regional migration issues." Details: Washington, DC: Migration Policy Institute, 2012. 29p. Source: Internet Resource: Accessed November 26, 2012 at: http://www.migrationpolicy.org/pubs/RMSG-MexCentAm-Migration.pdf Year: 2012 Country: Central America URL: http://www.migrationpolicy.org/pubs/RMSG-MexCentAm-Migration.pdf Shelf Number: 127003 Keywords: Illegal ImmigrantsImmigrantsMigration (Mexico, Central America) |
Author: U.S. Department of Justice, Office of the Inspector General, Evaluation and Inspections Division Title: Management of Immigration Cases and Appeals by the Executive Office for Immigration Review Summary: The Office of the Inspector General (OIG) conducted a review to examine the Department of Justice’s (Department) Executive Office for Immigration Review (EOIR) processing and management of immigration cases and appeals involving foreign-born individuals (aliens) charged with violating immigration laws. Among other duties, EOIR courts are responsible for determining whether aliens charged by the Department of Homeland Security (DHS) with immigration violations should be ordered removed from the United States or be granted relief from removal, which would allow them to remain in this country. The OIG found that immigration court performance reports are incomplete and overstate the actual accomplishments of these courts. These flaws in EOIR’s performance reporting preclude the Department from accurately assessing the courts’ progress in processing immigration cases or identifying needed improvements. For example, administrative events such as changes of venue and transfers are reported as completions even though the immigration courts have made no decisions on whether to remove aliens from the United States. As a result, a case may be “completed” multiple times. In our sample of 1,785 closed cases, 484 administrative events were counted as completions by EOIR. Reporting these administrative actions as completions overstates the accomplishments of the immigration courts. Similarly, those same administrative events result in a case being reported as a “receipt” when the case is opened at the receiving court. As a result, the same case may be reported as a “receipt” multiple times, thereby overstating the total number of cases opened by the immigration courts during a particular period. Further, for those cases where EOIR has put in place a timeliness goal for handling a case, EOIR does not report the total time it takes to complete the case. Instead, EOIR tracks case processing time by court. As a result, a case with a timeliness goal of 60 days that spent 50 days at one court and was then transferred to another court, where it spent another 50 days, would be reported by EOIR as two cases that were each completed within the 60-day timeliness goal. In actuality, there was only one case, and that case took EOIR 100 days to reach a decision on whether the alien should be removed, thereby exceeding the 60-day goal. This practice makes it appear that more cases meet the completion goals than actually do. Additionally, in January 2010, EOIR abandoned completion goals for cases involving non-detained aliens who do not file asylum applications, which make up about 46 percent of the courts’ completions. EOIR made this decision to prioritize and focus on the completion of detained cases, in which aliens are deprived of their liberty and housed at taxpayer expense. While the OIG recognizes the importance of the timely completion of cases involving detained aliens, EOIR also should have goals for the timely processing of non-detained cases. Despite overstating case receipts and completions, EOIR’s immigration court data still showed that it was not able to process the volume of work. From FY 2006 through FY 2010, the overall efficiency of the courts did not improve even though there was an increase in the number of judges. In 4 of those 5 years, the number of proceedings received was greater than the number of proceedings completed. As a result, the number of pending cases increased. Our analysis of a sample of closed cases showed that cases involving non-detained aliens and those with applications for relief from removal can take long periods to complete. This results in crowded court calendars and delayed processing of new cases. For example, cases for non-detained aliens took on average 17½ months to adjudicate, with some cases taking more than 5 years to complete. In addition to the volume of new cases, the number and length of continuances immigration judges granted was a significant contributing factor to case processing times. In the 1,785 closed cases we examined, 953 cases (53 percent) had one or more continuances. Each of these cases averaged four continuances. The average amount of time granted for each continuance was 92 days (about 3 months), which results in an average of 368 days for continuances per case. In contrast, the EOIR’s Board of Immigration Appeals (BIA) completed more appeals of immigration court decisions than it received from FY 2006 through FY 2010. Appeals involving non-detained aliens, however, still took long periods to complete. In our sample, the BIA averaged more than 16 months to render decisions on cases involving non-detained aliens, as compared to 3½ months for cases involving detained aliens. However, EOIR’s performance reporting does not reflect the actual length of time to review and decide those appeals because EOIR does not count processing time for one- and three-member reviews from the date the appeal was filed. Rather, EOIR begins the counting process once certain work is completed by the BIA and/or its staff. As a result, EOIR’s performance reporting data underreports actual processing time, which undermines EOIR’s ability to identify appeal processing problems and take corrective actions. In this report, we make nine recommendations to help EOIR improve its case processing and provide accurate and complete information on case completions. Details: Washington, DC: U.S. Department of Justice, Office of the Inspector General, Evaluation and Inspections Division, 2012. 80p. Source: Internet Resource: Accessed Dec. 1, 2012 at: http://www.justice.gov/oig/reports/2012/e1301.pdf Year: 2012 Country: United States URL: http://www.justice.gov/oig/reports/2012/e1301.pdf Shelf Number: 127090 Keywords: Illegal AliensIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration (U.S.)Immigration Courts |
Author: Nowrasteh, Alex Title: The Economic Case against Arizona’s Immigration Laws Summary: Arizona’s immigration laws have hurt its economy. The 2007 Legal Arizona Workers Act (LAWA) attempts to force unauthorized immigrants out of the workplace with employee regulations and employer sanctions. The 2010 Support Our Law Enforcement and Safe Neighborhoods Act (SB 1070) complements LAWA by granting local police new legal tools to enforce Arizona’s immigration laws outside of the workplace. LAWA’s mandate of E-Verify, a federal electronic employee verification system, and the “business death penalty,” which revokes business licenses for businesses that repeatedly hire unauthorized workers, raise the costs of hiring all employees and create regulatory uncertainty for employers. As a result, employers scale back legal hiring, move out of Arizona, or turn to the informal economy to eliminate a paper trail. SB 1070’s enforcement policies outside of the workplace drove many unauthorized immigrants from the state, lowered the state’s population, hobbled the labor market, accelerated residential property price declines, and exacerbated the Great Recession in Arizona. LAWA, E-Verify, and the business death penalty are constitutional and are unlikely to be overturned; however the Supreme Court recently found that some sections of SB 1070 were preempted by federal power. States now considering Arizona-style immigration laws should realize that the laws also cause significant economic harm. States bear much of the cost of unauthorized immigration, but in Arizona’s rush to find a state solution, it damaged its own economy. Details: Washington, DC: Cato Institute, 2012. 24p. Source: Internet Resource: Policy Analysis No. 709: Accessed December 1, 2012 at: http://www.cato.org/pubs/pas/PA709.pdf Year: 2012 Country: United States URL: http://www.cato.org/pubs/pas/PA709.pdf Shelf Number: 127093 Keywords: Economic AnalysisIllegal AliensIllegal ImmigrantsIllegal ImmigrationImmigrantsImmigration Laws (Arizona, U.S.) |
Author: Appleseed Title: Forcing Our Blues into Gray Areas: Local Police and Federal Immigration Enforcement. A Legal Guide for Advocates Revised and Updated Summary: The laws governing the proper role of the local police in stopping, arresting, questioning, and detaining individuals in an effort to enforce federal immigration law are far from settled, and the policy debate is moving quickly. For decades, as a result of policy directives issued by the federal government itself, it was understood that state and local police could not stop, arrest, or detain individuals for civil violations of the immigration law, such as being present in the United States without authorization. However, in recent years, the Department of Justice and some members of Congress have encouraged an expanded role for state and local police in immigration enforcement. One arm of the Department of Justice, the Office of Legal Counsel, even went so far as to opine that local police have “inherent authority” to enforce immigration laws – a position that is far from clearly supported by then-existing or present case law. In fact, the Department of Justice kept its newfound position secret from the public and refused to release the memo detailing it until required to do so by court order. This dramatic shift by some at the federal level has continued. Federal officials have increased the frequency of raids on immigrants, creating tension between local officials and the communities they seek to protect. However, in recognition of the fact that adopting local immigration enforcement policies is misguided and would actually make it more difficult to fight terrorism and crime, an increasing number of police departments, local governments, and others oppose initiatives to either mandate or encourage local police to intervene in federal immigration enforcement efforts. “Forcing Our Blues Into Gray Areas: Local Police and Federal Immigration Enforcement” contains legal and practical guidelines to combat local anti-immigrant ordinances. It also describes troubling legal and political efforts to involve local police in federal immigration matters, which leads to improper enforcement and a diversion of local safety resources. Details: Washington, DC: Appleseed, 2008. 60p. Source: Internet Resource: Accessed January 24, 2013 at: http://www.waappleseed.org/media/Forcing_Our_Blues_Into_Gray_Areas2008.pdf Year: 2008 Country: United States URL: http://www.waappleseed.org/media/Forcing_Our_Blues_Into_Gray_Areas2008.pdf Shelf Number: 127382 Keywords: Illegal AliensIllegal ImmigrantsImmigrantsImmigration Enforcement (U.S.) |
Author: Schoenfelder, Anna Title: Uncovering USBP: Bonus Programs for United States Border patrol Agents and the Arrest of Lawfully Present Individuals Summary: For almost four years, Families for Freedom (FFF) has been seeking information about the policies, practices and consequences of United States Border Patrol’s (USBP) operation in which they demand to see “papers” from persons traveling and living in Northern New York. In our last report, co‐authored by the New York Civil Liberties Union, we showed that of the thousands of individuals placed in removal proceedings after being questioned by USBP agents on trains and buses, only a miniscule percentage were recent entrants to the United States. But that report relied solely on the information that USBP released early in litigation about USBP practices. This report now adds crucial information about USBP’s aggressive internal enforcement practices. Using information gathered from depositions of senior officials, and data and documents released after years of litigation, this report shows the following: • USBP uses three different bonus programs to reward its agents. The programs include cash bonuses, vacation awards and distribution of gift cards of up to $100. As part of the settlement of our case, CBP gave us tallies for each of these for the Buffalo Sector (which covers northern New York). We also obtained the documents for approving the cash and time off awards, which provide no justification for which agents are awarded year‐end bonuses of up to $2,500 or 40 hours of vacation time. The sums spent on these programs in the Buffalo Sector alone amount to over $200,000 a year. The gift card program, which was not funded in 2009, resumed in 2010. • USBP has adopted a protocol for documenting arrests of individuals who are later determined to have legal status. Through FFF’s lawsuit, we obtained copies of forms – called “I‐44” forms – for persons arrested by agents at the Rochester Station. An analysis of those forms shows that the vast majority of those wrongfully arrested were from South Asian, East Asian, African, and Caribbean backgrounds. In just one program (train and bus arrests) in one station, almost 300 persons who had a form of legal status were arrested and transported to USBP offices prior to being released. The actual number is probably far higher because CBP did not formally instruct its agents to document these arrests until June 2010. These legally present individuals include 12 U.S. citizens, 52 Legal Permanent Residents, 28 tourist visa holders, 37 student visa holders, 39 work visa holders, 51 individuals in immigration proceedings, 26 with pending immigration applications, and 32 individuals that had been granted asylum, withholding or temporary protective status. Eleven individuals had other forms of status, including diplomatic visas, special visas for victims of domestic violence, and special status provided to the citizens of former US territories. Many of these people were arrested because of USBP database errors. The report includes stories about the experiences of these people, including those who are arrested in the middle of the night, and many who are forced to depend on family or employers to fax documents to USBP in order to be released. • Contrary to sworn statements submitted in the federal district court stating that the agency did not maintain an array of arrest statistics, including annual totals for the Rochester Station, the depositions ordered by the Court revealed that arrest statistics are the primary measure employed by local USBP stations and their Sector supervisors in the Buffalo Sector. The Agent in Charge in Rochester testified that recording the station’s daily arrest statistics and sending them to the Sector is the last job of the supervisor at the end of the day. The next morning, the Buffalo Sector office sends summary arrest statistics out to each station in time for each Patrol Agent in Charge to review when he first opens his e‐mail in the morning. Meanwhile, the Chief of Staff of USBP testified that the national office of USBP tracks arrest statistics and distributes reports through mass emails on a twice daily basis. The Agent in Charge for the Rochester Station, which is the subject of much of the data in this report, stated that the Station does not keep any other regular measure of performance. • The documents show that USBP agents act on the assumption that no matter where they operate within the United States, they may arrest any noncitizen—whether a tourist or a long‐term legal resident with a driver’s license—whenever that person is not carrying detailed documentation that provides proof of status. But USBP’s records also show that the agents are not genuinely interested in what documents the law might require noncitizens to carry. Instead, USBP’s demand for “papers” is universal, resulting in an enforcement culture that maximizes arrest rates. Altogether, the documents show that USBP’s policies send a message to the foreign born that is ugly and untenable. This is especially so in New York State, where more than one in five persons was born abroad, and one in ten is a foreign‐born U.S. citizen. The remedy is clear: it is time for USBP to leave its unjustified mission of policing the interior of the United States and to end its unregulated bonus programs. USBP should not be allowed to transform the areas of the United States that are adjacent to the border into a police state in which persons are forced to carry papers at all times to be ready for a demand by a USBP agent to “show me your papers.” Otherwise, as the data shows, USBP will continue to arrest US citizens, lawful permanent residents and countless others who should not live in fear of traveling or living near the border. Details: New York: Families for Freedom; New York University School of Law, Immigrant Rights Clinic, 2013. 37p. Source: Internet Resource: Accessed January 31, 2013: http://familiesforfreedom.org/sites/default/files/resources/Uncovering%20USBP-FFF%20Report%202013.pdf Year: 2013 Country: United States URL: http://familiesforfreedom.org/sites/default/files/resources/Uncovering%20USBP-FFF%20Report%202013.pdf Shelf Number: 127465 Keywords: Border Control AgentsBorder PatrolBorder SecurityImmigrantsImmigration (U.S. - Canada) |
Author: Barry, Tom Title: Policy on the Edge: Failures of Border Security and New Directions for Border Control Summary: Ten years after America’s rush to secure our borders, we must review, evaluate and change course. The terrorist attacks of September 11, 2001 set off a multibillion-dollar border security bandwagon and distinctly altered the way the Border Patrol operates. Yet, despite massive expenditures and the new commitment to “border security,” our border policy remains unfocused and buffeted by political forces. In the absence of a sharp strategic focus, the management of the U.S.-Mexico border continues to be the victim of the problems and pressures created by our failed immigration and drug policies. Over the past decade, the old politics of immigration enforcement and drug control—not counterterrorism or homeland security—are still the main drivers of border policy. “Policy on the Edge” is an International Policy Report published by the Center for International Policy. The report examines the failures, waste and misdirection of the border security operations of the Department of Homeland Security. “Policy on the Edge” concludes that there has been more continuity than change in U.S. border policy. The final section of the report describes a policy path that charts the way forward to regulatory solutions - for immmigration, drugs, gun sales, border management - that are more pragmatic, effective and cost-efficient than current policies. Specific recommendations to improve border policy are included. Details: Washington, DC: Center for International Policy, 2011. 16p. Source: Internet Resource: Accessed February 21, 2013 at: http://www.ciponline.org/images/uploads/publications/Barry_IPR_Policy_Edge_Border_Control_0611.pdf Year: 2011 Country: United States URL: http://www.ciponline.org/images/uploads/publications/Barry_IPR_Policy_Edge_Border_Control_0611.pdf Shelf Number: 127655 Keywords: Border Control (U.S.)Border SecurityDrug TraffickingGun TraffickingIllegal ImmigrationImmigrants |
Author: Martens, Jonathan Title: Counter Trafficking and Assistance to Vulnerable Migrants. Annual Report of Activities 2011 Summary: IOM continues to fight against the exploitation of migrants in all its forms, especially the severe human rights violations suffered by trafficked persons. Through the implementation of its Assistance to Vulnerable Migrants (AVM) programmes and projects, IOM has assisted more than 26,000 trafficked persons and exploited migrants since 1997. In 2011, IOM implemented 220 AVM projects in 94 countries throughout the world. These projects included a broad range of activities, such as institutional capacity building, dialogue and cooperation, data collection and research, evaluations, and direct assistance to trafficked persons and exploited migrants. In this first annual report of AVM activities, prepared by the Migrant Assistance Division (MAD), we will focus on IOM’s direct assistance to trafficked persons and vulnerable migrants, in particular the provision of voluntary, safe, and sustainable return and reintegration assistance. The report brings together internal data from more than 150 IOM Missions around the world in an effort to reflect our protection and assistance activities and to identify promising practices. Details: Geneva, SWIT: International Organization for Migration, 2012. 112p. Source: Internet Resource: Accessed May 13, 2013 at: http://www.iom.int/files/live/sites/iom/files/What-We-Do/docs/Annual_Report_2011_Counter_Trafficking.pdf Year: 2012 Country: International URL: http://www.iom.int/files/live/sites/iom/files/What-We-Do/docs/Annual_Report_2011_Counter_Trafficking.pdf Shelf Number: 128715 Keywords: Forced LaborHuman Trafficking (International)ImmigrantsImmigrationSexual Exploitation |
Author: Filindra, Alexandra Title: The Myth of "Self-Deportation": How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” Summary: The concept of “self-deportation” rests on a deceptively simple premise. According to its supporters, if the federal government invests more in enforcing immigration laws, and if states and localities take on additional immigration control responsibilities, the costs and risks of staying in the United States will increase substantially for undocumented immigrants. Faced with a high risk of being caught and imprisoned, “rational” undocumented residents will “give up and deport themselves” returning to their home countries rather than remain in the U.S. However, preliminary evidence from studies conducted in states where such enforcement laws have been enacted shows that immigration restrictionists have gotten it wrong. Immigrant population in these states has remained in place and the predicted exodus never materialized. Economic factors, rather than enforcement, have played a far more important role in reducing the rate of undocumented entry into the United States. This report uses important research findings from cognitive psychology and behavioral economics to explain why restrictionists have gotten it wrong and people do not behave in the “rational” way that restrictionists expect them to. Details: Wsahington, DC: Immigration Policy Center, American Immigration Council, 2012. 11p. Source: Internet Resource: Accessed June 1, 2013 at: http://www.immigrationpolicy.org/sites/default/files/docs/filindra_-_self-deportation_042912.pdf Year: 2012 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/filindra_-_self-deportation_042912.pdf Shelf Number: 128894 Keywords: DeportationIllegal ImmigrationImmigrantsImmigration Enforcement |
Author: Saunders, Jessica Title: Limiting the Potential for Racial Profiling in State and Local Police Enforcement of Immigration Laws Summary: Enforcing immigration laws in a country as large and complex as the United States is a monumental undertaking, and federal efforts to control offenses have been criticized as being inadequate to the task. According to the Department of Homeland Security, the unauthorized immigrant population in the United States was approximately 11 million in 2010, a 27 percent increase over the preceding ten years.1 Immigration laws are being enforced more aggressively under the Obama Administration, with record numbers of removals in the past few years (over 1 million from 2009 to 2011).2 In addition, more state and local law enforcement departments have begun enforcing immigration laws, with various levels of controversy and success. Advocates of this development claim that local law enforcement can act as a force multiplier in aiding federal efforts because they outnumber U.S. Immigration and Customs Enforcement (ICE) agents by nearly 5,000 to one. Opponents believe that local law enforcement officials are ill-equipped to enforce complicated immigration laws, that doing so alienates the immigrant population and diverts resources away from higher-priority public safety priority tasks, and that, in trying to enforce immigration laws, law enforcement agencies may engage in racial profiling. This last concern is an important federal issue because of the U.S. Constitution’s prohibitions on racial/ethnic discrimination. In this paper, I do not take a position on the appropriateness of involving local law enforcement in immigration enforcement activities; instead, I outline ways in which the federal government can monitor whether enforcement is being applied in accordance with constitutional protections. I first describe how different state and local law enforcement have become involved in enforcing immigration offenses over the past two decades and discuss the pros and cons of these policies. I then review the research evidence on racial discrimination in immigration enforcement. Finally, I recommend a variety of methods for the oversight and monitoring of racial discrimination. Details: Santa Monica, CA: Rand, 2013. 16p. Source: Internet Resource: Accessed August 6, 2013 at: http://www.rand.org/content/dam/rand/pubs/perspectives/PE100/PE104/RAND_PE104.pdf Year: 2013 Country: United States URL: http://www.rand.org/content/dam/rand/pubs/perspectives/PE100/PE104/RAND_PE104.pdf Shelf Number: 129546 Keywords: ImmigrantsImmigration EnforcementRacial Profiling in Law Enforcement (U.S.) |
Author: Southern Poverty Law Center Title: Greenwash: Nativists, Environmentalism and the Hypocrisy of Hate Summary: A quarter of a century ago, John Tanton, a white nationalist who would go on to almost single-handedly construct the contemporary, hard-line anti-immigration movement, wrote about his secret desire to bring the Sierra Club, the nation's largest environmental organization, into the nativist fold. He spelled out his motive clearly: Using an organization perceived by the public as part of the liberal left would insulate nativists from charges of racism — charges that, given the explicitly pro-"European-American" advocacy of Tanton and many of his allies over the years, would likely otherwise stick. In the ensuing decades, nativist forces followed Tanton's script, making several attempts to win over the Sierra Club and its hundreds of thousands of members. That effort culminated in 2004, when nativists mounted a serious effort to take over the Sierra Club's board of directors, an attempt that was beaten back only after a strenuous campaign by Sierra Club members and groups including the Southern Poverty Law Center. The attempt was a classic case of "greenwashing" — a cynical effort by nativist activists to seduce environmentalists to join their cause for purely strategic reasons. Now, the greenwashers are back. In the last few years, right-wing groups have paid to run expensive advertisements in liberal publications that explicitly call on environmentalists and other "progressives" to join their anti-immigration cause. They've created an organization called Progressives for Immigration Reform that purports to represent liberals who believe immigration must be radically curtailed in order to preserve the American environment. They've constructed websites accusing immigrants of being responsible for urban sprawl, traffic congestion, overconsumption and a host of other environmental evils. Time and again, they have suggested that immigration is the most important issue for conservationists. The hypocrisy of these come-ons can be astounding. The group headed by Roy Beck, one of the key activists leading the efforts, has given close to half a million dollars to a far-right news service that has described global warming as a hoax. Tanton's wife, who works hand in glove with her husband, runs an anti-immigration political action committee (PAC) that funds candidates with abysmal environmental voting records. The congressional allies of John Tanton, Beck and the other greenwashers are organized into an anti-immigration caucus whose members have even worse environmental voting records than the beneficiaries of Mary Lou Tanton's PAC. John Tanton's U.S. Inc., a foundation set up to fund nativist groups, spent about $150,000 on a highly conservative fundraising agency whose client list includes several major anti-environmental organizations. This new wave of greenwashing attempts, in particular the formation of Progressives for Immigration Reform as a purported group of “liberals,” is only the latest attempt by nativist forces to appear as something they are not. The white-dominated Federation for American Immigration Reform (FAIR), the most important of the groups founded by Tanton, has been behind the creation of three other front groups that supposedly represented African Americans (Choose Black America), Latino Americans (You Don’t Speak for Me!) and labor (Coalition for the Future American Worker). In fact, FAIR had its own white spokesman double as a press representative for the first two organizations. Another group unrelated to FAIR, Vietnamese for Fair Immigration, turned out to be led by a white man who used a fake Vietnamese surname and whose only connection to that country was that he liked the food. The arguments being made by the nativists today — in a nutshell, that immigration drives population increase and that a growing population is the main driver of environmental degradation — have in the last 15 years been rejected by the mainstream of the environmental movement as far too simplistic. The allegation that immigrants are responsible for urban sprawl, for example, ignores the fact that most immigrants live in dense, urban neighborhoods and do not contribute significantly to suburban or exurban sprawl. In a similar way, most conservationists have come to believe that many of the world's most intractable environmental problems, including global warming, can only be solved by dealing with them on a worldwide, not a nation-by-nation, basis. The greenwashers are wolves in sheep's clothing, right-wing nativists who are doing their best to seduce the mainstream environmental movement in a bid for legitimacy and more followers. John Tanton, the man who originally devised the strategy, is in fact far more concerned with the impact of Latino and other non-white immigration on a "European-American" culture than on conservation. Most of the greenwashers are men and women of the far right, hardly "progressives." Environmentalists need to be aware of so-called "progressives for immigration reform" and their true motives. These individuals and organizations do not see protecting the environment as their primary goal — on the contrary, the nativists are first and foremost about radically restricting immigration. Environmentalists should not fall for their rhetoric. Details: Montgomery, AL: Southern Poverty Law Center, 2010. 27p. Source: Internet Resource: Accessed August 8, 2013 at: http://www.splcenter.org/sites/default/files/downloads/publication/Greenwash.pdf Year: 2010 Country: United States URL: http://www.splcenter.org/sites/default/files/downloads/publication/Greenwash.pdf Shelf Number: 129597 Keywords: Environmentalists (U.S.)Hate CrimesImmigrantsRacism |
Author: Geddes, Alistair Title: Forced Labour in the UK Summary: Forced labour in the UK is a significant, though hidden, and probably growing problem. The study reviewed data on forced labour, human trafficking and workplace exploitation, and found that the UK has to do more to tackle forced labour. ◾Available evidence suggests the number of people in the UK experiencing forced labour may run into thousands. Many are entitled to work here, being EU migrants and UK citizens. ◾Likely elements within forced labour include low-skill manual and low-paid work; temporary agency work; specific industrial sectors; and certain non-UK migrant workers. ◾The definition and scope of forced labour are poorly understood, including differences between human trafficking, slavery and exploitation. Consensus is needed on forced labour indicators for assessing the scope and scale of forced labour in the UK, and to assist legal proceedings. Relatively little case law exists. ◾Forced labour and trafficking form part of more general labour exploitation, requiring effective criminal justice and workplace rights interventions, and not being seen as an immigration issue. ◾A strategic approach is needed to tackle forced labour, ensuring that the most vulnerable workers and sectors are properly protected. Details: York, UK: Joseph Rowntree Foundation, 2013. 164p. Source: Internet Resource: Accessed August 10, 2013 at: http://www.jrf.org.uk/sites/files/jrf/Forced%20Labour%20in%20the%20UK%20FINAL%20prog%20paper.pdf Year: 2013 Country: United Kingdom URL: http://www.jrf.org.uk/sites/files/jrf/Forced%20Labour%20in%20the%20UK%20FINAL%20prog%20paper.pdf Shelf Number: 129605 Keywords: Forced Labor (U.K.)Human RightsHuman TraffickingImmigrants |
Author: Shively, Michael Title: Understanding Trends in Hate Crimes Against Immigrants and Hispanic-Americans Summary: Over the past decade, substantial public attention has been directed toward the possibility that anti-immigrant rhetoric and legislation might be associated with an increase in hate crime in the United States against immigrants and those of Hispanic origin. Recent speculation about whether levels of hate crime are rising or falling, and what may be causing any observed trend, frequently arise in response to new incidents. Moreover, the speculation about hate crime trends applies across a wide range of groups that are known to be targeted for crimes motivated by hate or bias. Answers to questions about trends and why they occur have important implications for policy and practice. For example, if rising levels of hate crime are occurring in a region and targeting certain populations, resources can be deployed where they are most needed, and at appropriate levels. If specific populations are being targeted, culturally competent victim services and law enforcement responses can be tailored to serve those populations. To effectively respond to rising levels of hate crimes and to determine what may be causing the trend, it must first be established that the trend exists. While conceptually simple, it is technically challenging to distinguish random or insignificant variations that occur in any time-series from substantial, statistically significant changes over time. Establishing the significance of trends requires time-series data with: Measures and data collection methods used consistently over time; Reliable measurement of the variables of interest (e.g., ethnicity, race, sexual orientation of victim or respondent); Numbers of incidents sufficient to provide statistical power; and Coverage of geographic areas of interest. Prior to the 1990s, the ability to measure trends in hate crime was limited to a few municipalities where data were collected. Since the passage of the Hate Crime Statistics Act in 1990, substantial public investments have been made to develop data streams, including annual victimization surveys and collections of reported crimes and arrests. While much can be learned about hate crime from information gathered through Federal data collection programs, these time-series collections have not been examined to assess whether the data can support the study of a number of issues, including the detection of significant trends in hate crimes against specific groups. Fundamental questions remain to be answered, including whether the data contained in the major Federal hate crime data collection systems (primarily, the Uniform Crime Reports (UCR), National Crime Victimization Survey (NCVS), and National Incident Based Reporting System (NIBRS) or other data streams (such as the School Crime Supplement (SCS) of the NCVS, and the School Survey on Crime and Safety (SSOCS) are adequate to: Estimate hate crime trends nationally, or within any state, across all hate crime types; Assess whether trends exist in hate crimes against immigrants and those whose ethnicity is classified as Hispanic; Serve as a foundation for research on the causes and consequences of hate crime; and Support evaluations of interventions meant to prevent or effectively respond to the problem. To answer such questions, the study featured: An examination of each of the major national time-series datasets (e.g., UCR, NIBRS, NCVS); Seeking additional data sources that could be used to corroborate or supplement the national data collections; Analysis of each database, examining whether trends can be modeled and tested to determine statistical significance; and Gathering qualitative input from expert researchers and practitioners regarding study findings and recommendations. Details: Cambridge, MA: Abt Associates, 2013. 175p. Source: Internet Resource: Accessed March 17, 2014 at: https://www.ncjrs.gov/pdffiles1/nij/grants/244755.pdf Year: 2013 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/244755.pdf Shelf Number: 131953 Keywords: Crime StatisticsCrime TrendsHate CrimesHispanicsImmigrantsMinoritiesVictimization Surveys |
Author: Flynn, Michael Title: How and Why Immigration Detention Crossed the Globe Summary: Today in countries across the globe, immigration-related detention has become an established policy apparatus that counts on dedicated facilities and burgeoning institutional bureaucracies. Before the decade of the 1980s, however, detention appears to have been largely an ad hoc tool, employed mainly by wealthy states in exigent circumstances. This paper details the history of key policy events that led to the diffusion of detention practices during the last 30 years and assesses some of the motives that appear to have encouraged this phenomenon. The paper also endeavors to place the United States at the center of this story because its policy decisions were instrumental in initiating the process of policy innovation, imitation, and - in many cases - imposition that has helped give rise to today's global immigration detention phenomenon. More broadly, in telling this story, this paper seeks to flesh out some of the larger policy implications of beyond-the-borders immigration control regimes. Just as offshore interdiction and detention schemes raise important questions about custody, accountability, and sovereignty, they should also spur questions over where responsibility for the wellbeing of migrants begins and ends. As this paper demonstrates, when it comes to immigration detention, all the answers cannot be found just at home. Details: Geneva, Switzerland: Global Detention Project, Programme for the Study of Global Migration, Graduate Institute of International and Development Studies, 2014. 34p. Source: Internet Resource: Global Detention Project Working Paper No. 8: Accessed May 3, 2014 at: http://www.globaldetentionproject.org/fileadmin/publications/Flynn_diffusion_WorkingPaper_v2.pdf Year: 2014 Country: International URL: http://www.globaldetentionproject.org/fileadmin/publications/Flynn_diffusion_WorkingPaper_v2.pdf Shelf Number: 132215 Keywords: Illegal Aliens Immigrant Detention Immigrants ImmigrationImmigration EnforcementImmigration PolicyUndocumented Immigrants |
Author: Martinez, Daniel E. Title: Bordering on Criminal: The Routine Abuse of Migrants in the Removal System. Part II: Possessions Taken and Not Returned Summary: This report focuses on the issue of repatriated migrants' belongings being taken and not returned by U.S. authorities. Overall, we find that the taking of belongings and the failure to return them is not a random, sporadic occurrence, but a systematic practice. One indication of this is that just over one-third of deportees report having belongings taken and not returned. Perhaps one of the most alarming findings is that, among deportees who were carrying Mexican identification cards, 1 out of every 4 had their card taken and not returned. The taking of possessions, particularly identity documents, can have serious consequences and is an expression of how dysfunctional the deportation system is. Our study finds that migrants processed through Operation Streamline, or held in detention for a week or longer, are most likely to have their possessions taken and not returned. Details: Washington, DC: Immigration Policy Center, American Immigration Council, 2013. 11p. Source: Internet Resource: Special Report: http://www.immigrationpolicy.org/sites/default/files/docs/ipc/Border%20-%20Possessions%20FINAL.pdf Year: 2013 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/ipc/Border%20-%20Possessions%20FINAL.pdf Shelf Number: 132341 Keywords: Immigrant Detention Immigrants Immigration Immigration EnforcementOperation StreamlineUndocumented Immigrants |
Author: Human Rights Watch Title: Yemen's Torture Camps: Abuse of Migrants by Human Traffickers in a Climate of Impunity Summary: Tens of thousands of African migrants pass through Yemen each year to seek work in Saudi Arabia. A multi-million-dollar human trafficking industry has developed in Yemen based on their passage. Its locus is the hot and dry northern border town of Haradh. Here Yemeni traffickers have found a particularly horrific way to make money: by taking migrants captive and transporting them to isolated camps, where they inflict severe pain and suffering and extort ransom from the migrants' relatives and friends. Yemen's Torture Camps describes how Yemeni officials have conducted only sporadic raids on the camps, and have frequently warned traffickers of raids, and freed them from jail when they are arrested. In some cases, officials actively helped the traffickers capture and detain migrants. It also documents abuses of migrants by Saudi border officials, who apprehend border crossers and turn them over to Haradh-based traffickers. The report is based on interviews with 67 people, including 18 Ethiopian migrants who survived torture in the camps, and 10 traffickers and smugglers, as well as health professionals, government officials, activists, diplomats, and journalists. Human Rights Watch calls on the Yemeni government to launch a concerted effort to investigate and prosecute traffickers, as well as members of the security forces, regardless of rank, suspected of collusion with traffickers. It also calls on police, military, and intelligence agencies to assist in the investigations and take appropriate disciplinary action against personnel implicated in trafficking. Details: New York: Human Rights Watch, 2014. 81p. Source: Internet Resource: Accessed June 14, 2014 at: http://www.hrw.org/sites/default/files/reports/yemen0514_ForUpload.pdf Year: 2014 Country: Yemen URL: http://www.hrw.org/sites/default/files/reports/yemen0514_ForUpload.pdf Shelf Number: 132454 Keywords: Human Rights Abuses (Yemen)Human SmugglingHuman TraffickingImmigrantsMigrantsRansomTorture |
Author: Reitano, Tuesday Title: Smuggled Futures: The dangerous path of the migrant from Africa to Europe Summary: In October 2013, Italy captured international headlines when a boat, carrying hundreds of asylum seekers sunk off its coast, killing over 360 people. The incident reflects the tremendous increase in African migration to Europe in recent years, in part due to the Arab Spring. While Africans have been migrating to Europe for decades, the instability across North Africa and the Sahel, coupled with the erosion of Libya's capacity to control its own borders, has resulted in an unprecedented surge of migrants to Italy in recent years. This surge shows no signs of subsiding. The decision to migrate may be fuelled by a multitude of motivations. Africa has the fastest population growth rate in the world, and although the continent is making momentous economic gains, it has broadly failed to translate these gains into sustainable livelihoods for its youth. Social and economic disparities, conflict, and crime in several countries throughout the continent, many Africans seek out new opportunities across the Mediterranean. It is estimated that in 80 percent of these cases, the journey is "facilitated" by migrant smugglers and criminal groups that who provides a range of services such as transportation, fraudulent identification, corruption of border officials and settlement services. Smugglers in transit countries coordinate with smugglers in source countries to act as guides, escorting individuals across the Sahara Desert, heading towards the coast. Although some smuggling networks are organized criminal structures, many are loosely linked chains of individuals, which make it challenging for authorities to dismantle. Three main smuggling routes characterize the irregular migration to Italy and beyond. The first is the Western route, for which the main source countries are Mali, the Gambia and Senegal. The Western route often connects in the Sahel with the Central Route, for which the source countries are Nigeria, Ghana and Niger. Finally, there is the Eastern route, which sources from Somalia, Eritrea and Darfur in South Sudan, and which tends to cut north through Sudan and Egypt and then along the northern coast of Africa. All of these routes converge in the Maghreb, and in recent years mostly in Libya, for the sea crossing to Italy. The cost of a trip to Italy averages several thousands of dollars, depending on the distance and difficulty of the route, the level of institutional control over the route and on the transit and destination countries' response to the migrants' arrival. It may take years to complete, as many remain in transit hubs along their route to work to afford the next leg of their trip. As a result, many migrants are "stuck" in towns along the way to the coast. In addition to exorbitant prices, migrants endure perilous conditions. As they make their way to the Mediterranean coast, migrants are often travel in overcrowded trucks, facing starvation and thirst before even reaching the coast. Once they reach the Mediterranean, people are packed into boats set for Europe, often embarking without enough fuel to make it to Italy. All too often, migrants drown. If migrants do arrive in Italy, their reception is less than favourable. Many are sent back to Africa. Given the exponential rise of irregular migrants and the humanitarian crises that accompany their failed attempts to reach European shores, EU states, including Italy, are under a growing pressure to restructure and align their immigration and asylum policies and practices. Current efforts to limit migration have only succeeded in shifting migration routes, forcing many seeking refuge to take more dangerous, riskier routes to Europe. Finding solutions to the problem of unmanaged migration cannot be limited to Italian border control but require regional cooperation in both Europe and Africa with governments addressing the root causes of mass migration. Details: Geneva, SWIT: Global Initiative against Transnational Organized Crime, 2014. 35p. Source: Internet Resource: Accessed June 16, 2014 at: http://www.globalinitiative.net/download/global-initiative/Global%20Initiative%20-%20Migration%20from%20Africa%20to%20Europe%20-%20May%202014.pdf Year: 2014 Country: Africa URL: http://www.globalinitiative.net/download/global-initiative/Global%20Initiative%20-%20Migration%20from%20Africa%20to%20Europe%20-%20May%202014.pdf Shelf Number: 132466 Keywords: Asylum SeekersHuman SmugglingIllegal ImmigrationImmigrantsMigrationOrganized Crime |
Author: Gonzales, Roberto G. Title: Two Years and Counting: Assessing the Growing Power of DACA Summary: Over the last several years, as growing numbers of undocumented children have made critical transitions to young adulthood, the barriers they face to higher education and professional jobs have resulted in wasted talent. This untenable situation imposes economic and emotional costs on undocumented young people themselves and on U.S. society as a whole. But, due to congressional inactivity on immigration, many have been forced to put their lives on hold. With the initiation of DACA in 2012, hundreds of thousands of these young people have enjoyed the benefits of widened access to the American mainstream. This change in the Obama Administrations enforcement policy temporarily defers deportations from the U.S. for eligible undocumented youth and young adults, and grants them access to renewable two-year work permits and Social Security Numbers. As of March 2014, 673,417 young people have applied to the program and 553,197 have been approved. While DACA does not offer a pathway to legalization, it has the potential to move large numbers of eligible young adults into mainstream life, thereby improving their social and economic well-being. Shortly after the beginning of the program, the National UnDACAmented Research Project (NURP) was launched in an effort to better understand how DACAmented young adults were experiencing their new status. In 2013, the NURP research team carried out a national survey of DACA-eligible young adults between the ages of 18 and 32. A total of 2,684 respondents completed the survey. NURP efforts represent the largest data collection effort to date on this population. NURP respondents come from 46 states and the District of Columbia, and generally reflect the demographics of the U.S. undocumented immigrant population. Respondents median age is 22.7, while 40 percent are male and 60 percent are female. More than three-fourths of respondents grew up in a 2-parent household. Nearly three-fourths of respondents households are low-income. Details: Washington, DC: American Immigration Council, 2014. 16p. Source: Internet Resource: Accessed June 26, 2014 at: http://www.immigrationpolicy.org/sites/default/files/docs/two_years_and_counting_assessing_the_growing_power_of_daca_final.pdf Year: 2014 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/two_years_and_counting_assessing_the_growing_power_of_daca_final.pdf Shelf Number: 132558 Keywords: Illegal Aliens, ChildrenImmigrantsImmigrationUndocumented Children |
Author: National Immigration Law Center Title: Inclusive Policies Advance Dramatically in the States. Immigrants' Access to Driver's Licenses, Higher Education, Workers' Rights and Community Policing Summary: As Congress debated federal immigration reform this year, states led the way by adopting policies designed to integrate immigrants more fully into their communities. In the wake of the 2012 elections, with Latino and Asian voters participating in record numbers, the 2013 state legislative sessions witnessed a significant increase in pro-immigrant activity. Issues that had been dormant or had moved in a restrictive direction for years, such as expanding access to driver's licenses, gained considerable traction, along with measures improving access to education and workers' rights for immigrants. States also began to reexamine the costs and consequences of anti-immigrant policies for their citizen and immigrant residents. Rather than promoting a larger role for states in immigration enforcement, proposals in several states sought to build trust between law enforcement and immigrant communities. Indeed, this year restrictive legislation was markedly absent; only one such measure - barring specific documents from being used to establish identity - became law. By contrast, eight states and the Commonwealth of Puerto Rico enacted laws providing access to driver's licenses regardless of immigration status, five states adopted laws or policies expanding access to higher education for immigrant students, and two states enacted a domestic workers' bill of rights. Most recently, California governor Jerry Brown signed a broad array of pro-immigrant measures that expand access to driver's licenses, protect the rights of immigrant workers, improve access to education, make law licenses available to eligible applicants regardless of their immigration status, and promote trust between immigrants and local law enforcement. In his signing statement, Governor Brown challenged federal inaction on immigration reform, saying, "While Washington waffles on immigration, California's forging ahead. I'm not waiting." This report summarizes the activity on immigrant issues that took place during the states' 2013 legislative sessions, as well as efforts to improve access to services for immigrant youth. Details: New York: National Immigration Law Center, 2013. 21p. Source: Internet Resource: http://www.nilc.org/pubs.html Year: 2013 Country: United States URL: http://www.nilc.org/pubs.html Shelf Number: 129926 Keywords: ImmigrantsImmigration (U.S.)Undocumented Immigrants |
Author: Inter-American Commission on Human Rights Title: Human Rights of Migrants and Other Persons in the Context of Human Mobility in Mexico Summary: 1. Pursuant to Article 41 of the American Convention on Human Rights and Article 58 of its Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission" or "the IACHR") is presenting this report to assess the human rights situation of the international and domestic migrants in the context of human mobility in Mexico and to make recommendations to ensure that the migration and immigration policies, laws and practices in the United Mexican States (hereinafter "the Mexican State," "Mexico" or "the State") comport with the international human rights obligations it has undertaken to protect migrants, asylum seekers, refugees, victims of human trafficking and the internally displaced persons. 2. Throughout this report, various situations are described that affect the human rights of migrants, asylum seekers, refugees, victims of human trafficking and the internally displaced in Mexico. This report's particular focus is on the serious violence, insecurity and discrimination that migrants in an irregular situation encounter when traveling through Mexico, which includes, inter alia, kidnapping, murder, disappearance, sexual violence, human trafficking and the smuggling of migrants. The report also looks at the issue of immigration detention and due process guarantees for migrants, asylum seekers and refugees held in immigration holding or detention centers. The report will also examine situations that affect the human rights of migrants who live in Mexico, such as their right to nondiscrimination in access to public services and their labor rights. The last part of the report examines the difficult circumstances under which those who defend the rights of migrants perform their mission. 3. Mexico is today a country of origin, transit and destination for migrants, and increasingly a country to which they return. Mexico is the necessary gateway of mixed migration flows, which include thousands of migrants, asylum seekers, refugees and victims of human trafficking which have the United States as their main destination and, to a lesser extent, Canada. Of all the countries in the Americas, Mexico is doubtless the one that most clearly reflects the various faces of international migration in a country. Because of the enormous impact that international migration has had on Mexico, particularly as a country of origin for migrants, globally Mexico has been a principal driving force and advocate for the recognition and protection of the human rights of all migrants. 4. Furthermore, in recent years, public security in Mexico has been severely eroded by the intense violence generated by organized crime and the battle being waged against it. The spike in criminal violence in recent years in Mexico poses very complex challenges for the State, which is called upon to take every measure necessary to safeguard the security of persons within its jurisdiction, which obviously includes migrants. Security and protective measures have to be premised on respect for human rights to ensure that the actions taken by the State to fight crime do not end up becoming a source of still greater insecurity or even State abuse. Mexico does not have a citizen security and safety policy specifically geared to preventing, protecting and prosecuting crimes committed against migrants. Furthermore, the State's response to the surge in violence has be to shore up the military and police forces to help them fight crime, mainly drug trafficking. In many instances, the effect of these two factors has been to increase the violence and human rights violations committed by State agents, rather than to safeguard the security of those in Mexico. 5. While the severe insecurity that Mexico is now experiencing has had profound effects on the Mexican population, it has also revealed just how vulnerable migrants in Mexico are, particularly migrants in an irregular situation in transit through Mexico. In recent years, the Commission has been receiving news and reports of multiple cases in which migrants are abducted, driven into forced labor, murdered, disappeared and, in the case of women, frequently the victims of rape and sexual exploitation by organized crime. The Commission has also received information to the effect that in a considerable number of cases, State agents - members of the various police forces or personnel of the National Institute of Migration - have been directly involved in the commission of the crimes and human rights violations listed above. At the present time, the extreme vulnerability of migrants and other persons to the heightened risks of human mobility in Mexico is one of worse human tragedies in the region, involving large-scale and systematic human rights violations. 6. The insecurity of migrants in Mexico was why, during the hearing on the "Situation of the Human Rights of Migrants in Transit through Mexico" held on March 22, 2010, civil society organizations asked the IACHR to have its Rapporteurship on the Rights of Migrant Workers and Their Families conduct an on-site visit to Mexico to examine the situation of migrants' human rights. For its part, the Mexican State's response was that the oversight mechanisms of the Inter-American and universal systems have an open, standing invitation to visit Mexico, so that the Rapporteurship's visit would be welcome. The onsite visit was hastened by a series of communications that civil society organizations sent to the IACHR Rapporteur on the Rights of Migrant Workers, and by thematic hearings held at Commission headquarters which revealed large-scale violations of migrants' human rights in recent years, the inefficacy of the public safety and security services, and the fact that no one was made to answer for the crimes committed against migrants. The Mexican State formally invited the Rapporteur to conduct an in loco visit, which he did from July 25 to August 2, 2011. Details: Washington, DC: Organization of American States, 2013. 272p. Source: Internet Resource: Accessed September 12, 2014 at: http://www.oas.org/en/iachr/migrants/docs/pdf/Report-Migrants-Mexico-2013.pdf Year: 2013 Country: Mexico URL: http://www.oas.org/en/iachr/migrants/docs/pdf/Report-Migrants-Mexico-2013.pdf Shelf Number: 133293 Keywords: Asylum SeekersHuman Rights Abuses(Mexico)Human SmugglingHuman TraffickingImmigrant DetentionImmigrantsImmigrationOrganized Crime |
Author: Hasselberg, Ines Title: An ethnography of deportation from Britain Summary: In the past decades, immigration policies have been refined to broaden eligibility to deportation and allow easier removal of unwanted foreign nationals. Yet how people respond to a given set of policies cannot be fully anticipated. Studying the ways people interpret, understand and experience policies allows for a better understanding of how they work in practice. Drawing on ethnographic fieldwork conducted in London, this thesis examines experiences of deportation and deportability of migrants convicted of a criminal offence in the UK. It finds that migrants' deportability is experienced in relation to official bodies, such as the Home Office, the Asylum and Immigration Tribunal, Immigration Removal Centres and Reporting Centres, and becomes embedded in their daily lives, social relations and sense of self. The lived experience of deportation policies emphasizes the material and human costs associated with deportation and highlights its punitive and coercive effects. Deportability marks migrants' lives with chronic waiting and anxiety. As a result, migrants awaiting deportation make use of four coping strategies: enduring uncertainty, absenting and forming personal cues (Agard & Harder 2007), and also re-imagining their futures. In turn, migrants' understandings of their own removal appear incompatible with open political action and with the broader work of Anti-Deportation Campaign support groups. Resistance is thus enacted as compliance with state controls (such as surveillance and immobility), which are perceived as designed to make them fail, rendering them ever more deportable. By enduring this power over them, migrants are resisting their removal and fighting to stay. The thesis concludes that the interruption of migrants' existence in the UK is effected long before their actual removal from the territory. It is a process developing from the embodiment of their deportability as their present and future lives become suspended by the threat of expulsion from their residence of choice Details: Brighton, UK: University of Sussex, 2012. 179p. Source: Internet Resource: Dissertation: Accessed September 24, 2014 at:http://sro.sussex.ac.uk/43788/1/Hasselberg%2C_Ines.pdf Year: 2012 Country: United Kingdom URL: http://sro.sussex.ac.uk/43788/1/Hasselberg%2C_Ines.pdf Shelf Number: 133402 Keywords: Deportation (U.K.)ImmigrantsImmigrants and CrimeImmigration Policy |
Author: U.S. Government Accountability Office Title: Immigration Detention: Additional Actions Needed to Strengthen Management and Oversight of Facility Costs and Standards Summary: Within the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) uses two different methods to collect and assess data on detention costs; however, these methods do not provide ICE with complete data for managing detention costs across facilities and facility types. One method uses the agency's financial management system to estimate total detention costs per detainee per day for the purposes of developing ICE's annual detention budget request. However, ICE identified errors in the entry of data into this system and limitations in the system make it difficult for ICE to accurately record expenditures for individual facilities. ICE's other method involves the manual tracking of monthly costs by individual facilities for the purposes of reviewing data on individual facility costs. However, this method does not include data on all costs for individual facilities, such as for medical care and transportation, and such costs are not standardized within or across facility types. Thus, ICE does not have complete data for tracking and managing detention costs across facilities and facility types. ICE has taken some steps to strengthen its financial management system, such as implementing manual work-arounds to, among other things, better link financial transactions to individual facilities. However, ICE has not assessed the extent to which these manual work-arounds position ICE to better track and manage costs across facilities or facility types and the extent to which additional controls are needed to address limitations in its methods for collecting and assessing detention costs, in accordance with federal internal control standards. Conducting these assessments could better position ICE to have more reliable data for tracking and managing costs across facility types. GAO's analysis of ICE facility data showed that ICE primarily used three sets of detention standards, with the most recent and rigorous standards applied to 25 facilities housing about 54 percent of ICE's average daily population (ADP) as of January 2014. ICE plans to expand the use of these standards to 61 facilities housing 89 percent of total ADP by the end of fiscal year 2014; however, transition to these standards has been delayed by cost issues and contract negotiations and ICE does not have documentation for reasons why some facilities cannot be transitioned to the most recent standards in accordance with internal control standards. Documenting such reasons could provide an institutional record and help increase transparency and accountability in ICE's management of detention facilities. GAO's analysis of ICE facility oversight programs showed that ICE applied more oversight mechanisms at facilities housing the majority of the ADP in fiscal year 2013. For example, 94 percent of detainees were housed in facilities that received an annual inspection. GAO's analysis of ICE's inspection reports showed that inspection results differed for 29 of 35 facilities inspected by both ICE's Enforcement and Removal Operations (ERO) and Office of Detention Oversight (ODO) in fiscal year 2013. ICE officials stated that ODO and ERO have not discussed differences in inspection results and whether oversight mechanisms are functioning as intended. Assessing the reasons why inspection results differ, in accordance with internal control standards, could help ICE better ensure that inspection mechanisms are working as intended. Details: Washington, DC: GAO, 2014. 73p. Source: Internet Resource: GAO-15-153: Accessed October 11, 2014 at: http://www.gao.gov/assets/670/666467.pdf Year: 2014 Country: United States URL: http://www.gao.gov/assets/670/666467.pdf Shelf Number: 133931 Keywords: Illegal AliensIllegal ImmigrantsImmigrant Detention (U.S.)ImmigrantsImmigrationImmigration Policy |
Author: Human Rights Watch Title: "You Don't Have Rights Here". US Border Screening and Returns of Central Americans to Risk of Serious Harm Summary: In recent years, the United States has apprehended growing numbers of Central Americans crossing the US-Mexico border without authorization. These migrants have left their countries for many reasons, including fleeing rising violence by gangs involved in the drug trade. US Customs and Border Protection deports the overwhelming majority of migrants it apprehends from Central America in accelerated processes known as "expedited removal" or "reinstatement of removal." These processes include rapid-fire screening for a migrant's fear of persecution or torture upon return to their home country. "You Don't Have Rights Here" details how summary screening at the US border is failing to identify people fleeing serious risks to their lives and safety. It is based primarily on the accounts of migrants sent back to Honduras or in detention in US migrant detention facilities. An analysis of US government deportation data shows that the Border Patrol flags only a tiny minority of Central Americans for a more extended interview to determine if they have a "credible" fear of returning home. Migrants said that Border Patrol officers seemed singularly focused on deporting them and their families despite their fear of return. Some said that after their deportation they went into hiding, fearful for their lives. Human Rights Watch calls on the US government to ensure that immigration authorities give the cases of Central American migrants sufficient scrutiny before returning them to risk of serious harm. It also urges US authorities to stop detaining migrant children, and to improve migrants' access to lawyers. Details: New York: HRW, 2014. 49p. Source: Internet Resource: Accessed October 17, 2014 at: http://www.hrw.org/sites/default/files/reports/us1014_web.pdf Year: 2014 Country: Central America URL: http://www.hrw.org/sites/default/files/reports/us1014_web.pdf Shelf Number: 133732 Keywords: Border SecurityDeportationHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration Enforcement |
Author: Police Executive Research Forum Title: Local Police Perspectives on State Immigration Policies Summary: In recent years, several states have adopted immigration policies that have created conflict for local police agencies. These policies, such as those in Arizona's SB 1070 legislation, pose challenges for police agencies that are working to build strong ties to their communities while enforcing the laws of their jurisdictions. On December 12, 2012, the Police Executive Research Forum (PERF), in partnership with the Tucson Police Department and with funding from the Ford Foundation, convened a group of police executives from Alabama, Arizona, California, Georgia, South Carolina, Texas and Virginia to discuss the challenges that state immigration laws pose for local police and sheriffs' departments. The goal of the day-long Executive Roundtable Discussion was to bring together Arizona officials with law enforcement leaders from states that were in various stages of implementing legislation similar to SB 1070, so they could share their experiences and lessons learned. This publication will explore some of the commonalities and differences that exist across different jurisdictions with respect to the issues, the challenges that state immigration laws pose for local policing, how such laws are being enforced, and efforts by each locality to mitigate some of the problematic effects of such laws. As immigration policies continue to evolve, police departments across the country will continue to face the question of how to comply with new laws that require police to take a larger role in immigration enforcement, while maintaining their traditional roles of protecting public safety and fostering relationships with their communities. PERF is continuing the discussions initiated at the 2012 Roundtable and promoting dialogue in which police executives remain committed to preserving public trust. Details: Washington, DC: PERF, 2014. 52p. Source: Internet Resource: Accessed October 20, 2014 at: https://www.policeforum.org/assets/docs/Free_Online_Documents/Immigration/local%20police%20perspectives%20on%20state%20immigration%20policies.pdf Year: 2014 Country: United States URL: https://www.policeforum.org/assets/docs/Free_Online_Documents/Immigration/local%20police%20perspectives%20on%20state%20immigration%20policies.pdf Shelf Number: 133747 Keywords: ImmigrantsImmigration (U.S.)Immigration EnforcementImmigration Policy |
Author: Owens, Colleen Title: Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States Summary: This study examines the organization, operation, and victimization process of labor trafficking across multiple industries in the United States. It examines labor trafficking victim abuse and exploitation along a continuum, from victims' recruitment for work in the United States; through their migration experiences (if any), employment victimization experiences, and efforts to seek help; to their ultimate escape and receipt of services. Data for this study came from a sample of 122 closed labor trafficking victim service records from service providers in four US cities. In addition, interviews were conducted with labor trafficking survivors, local and federal law enforcement officials, legal advocates, and service providers in each site to better understand the labor trafficking victimization experience, the networks involved in labor trafficking and the escape and removal process, and the barriers to investigation and prosecution of labor trafficking cases. All the victims in this study sample were immigrants working in the United States. The vast majority of our sample (71 percent) entered the United States on a temporary visa. The most common temporary visas were H-2A visas for work in agriculture and H-2B visas for jobs in hospitality, construction, and restaurants. Our study also identified female domestic servitude victims who had arrived in the United States on diplomatic, business, or tourist visas. Individuals who entered the United States without authorization were most commonly trafficked in agriculture and domestic work. Labor trafficking victims' cases were coded to collect information on their labor trafficking experience, as well as any forms of civil labor violations victims encountered. All victims in our sample experienced elements of force, fraud and coercion necessary to substantiate labor trafficking. Elements of force, fraud and coercion included document fraud; withholding documents; extortion; sexual abuse and rape; discrimination; psychological manipulation and coercion; torture; attempted murder; and violence and threats against themselves and their family members. In addition to criminal forms of abuse, we also found that labor trafficking victims faced high rates of civil labor exploitation. These forms of civil labor exploitation included, but were not limited to, being paid less than minimum wage; being paid less than promised; wage theft; and illegal deductions. While legal under some visa programs and labor law, employers/traffickers also controlled the housing, food, and transportation of a significant proportion of our sample. Immigration status was a powerful mechanism of control - with employers threatening both workers with visas and unauthorized workers with arrest as a means of keeping them in forced labor. Despite 71 percent of our sample arriving in the United States for work on a visa, by the time victims escaped and were connected to service providers, 69 percent were unauthorized. By and large, labor trafficking investigations were not prioritized by local or federal law enforcement agencies. This lack of prioritization was consistent across all study sites and across all industries in which labor trafficking occurred. The US Department of Labor was rarely involved. Survivors mostly escaped on their own and lived for several months or years before being connected to a specialized service provider. A lack of awareness and outreach, coupled with the victims' fear of being unauthorized, inhibited the identification of survivors. Policy and practice recommendations are provided to improve identification and response to labor trafficking and guide future research on labor trafficking victimization. Details: Washington, DC: Urban Institute, 2014. 307p. Source: Internet Resource: Accessed October 22, 2014 at: http://www.urban.org/UploadedPDF/413249-Labor-Trafficking-in-the-United-States.pdf Year: 2014 Country: United States URL: http://www.urban.org/UploadedPDF/413249-Labor-Trafficking-in-the-United-States.pdf Shelf Number: 133798 Keywords: Forced Labor (U.S.)Human TraffickingImmigrant LaborImmigrantsLabor TraffickingVictimization |
Author: Thompson, Amy Title: A Child Alone and Without Papers: A report on the return and repatriation of unaccompanied undocumented children in the United States Summary: Every year, the United States apprehends tens of thousands of undocumented children under the age of 18 - many of whom travel to this country unaccompanied, without their parent or legal guardian. Some of these children come to the U.S. to flee violence or the sex trade, others poverty. The children's motivations are complex, their stories unique. Most of the unaccompanied undocumented children who come into custody are removed from the U.S. by federal authorities and repatriated to their country of origin. Repatriation, for the purposes of this report, begins at the point that the United States relinquishes physical custody of the child in his native country. Given the circumstances that lead to child migration and the inherent vulnerabilities of children, removal and repatriation can prove detrimental to the child when not carefully regulated. As such, it is essential that U.S. immigration policies and procedures recognize our child welfare standards, for both the good of the individual child and to preserve our core values regarding the treatment of all children. It is also essential for the United States to have clear, transparent, and consistent mechanisms for removal and repatriation in order to avoid undue risk to the child's safety and well-being. What really happens to the estimated 43,0001 unaccompanied undocumented children who are removed from the United States? And what is the effect of repatriation on these children? A Child Alone and Without Papers explores these issues via analyses of U.S., Mexican, and Honduran policies, interviews with 82 personnel from these countries, and interviews with 33 undocumented and unaccompanied Mexican and Honduran children. In Mexico, we interviewed eight girls and 18 boys, ranging from age seven to 17; in Honduras: seven boys, ranging from age 15 to 17. Mexico and Honduras were selected as they are the most common countries of origin for unaccompanied children and are representative of the two divergent systems for the removal of unaccompanied children: neighboring versus non-neighboring country systems. Details: Austin, TX: Center for Public Policy Priorities, 2008. 80p. Source: Internet Resource: Accessed October 30, 2014 at: http://forabettertexas.org/images/A_Child_Alone_and_Without_Papers.pdf Year: 2008 Country: United States URL: http://forabettertexas.org/images/A_Child_Alone_and_Without_Papers.pdf Shelf Number: 133875 Keywords: Child ProtectionIllegal ImmigrantsImmigrantsImmigrationUnaccompanied ChildrenUndocumented Children (U.S.) |
Author: Light, Michael T. Title: The New Face of Legal Inequality: Noncitizens and the Long-Term Trends in Sentencing Disparities Across U.S. District Courts, 1992-2009 Summary: In the wake of mass immigration from Latin America, legal scholars have shifted focus from racial to ethnic inequality under the law. A series of studies now suggest that Hispanics may be the most disadvantaged group in U.S. courts, yet this body of work has yet to fully engage the role of citizenship status. The present research examines the punishment consequences for non-U.S. citizens sentenced in federal courts between 1992 and 2009. Drawing from work in citizenship studies and sociolegal inequality, I hypothesize that non-state members will be punished more severely than U.S. citizens, and any trends in Hispanic ethnicity over this period will be linked to punitive changes in the treatment of noncitizens. In line with this hypothesis, results indicate a considerable punishment gap between citizens and noncitizens - larger than minority-white disparities. Additionally, this citizenship 'penalty' has increased at the incarceration stage, explaining the majority of the increase in Hispanic-white disparity over the past two decades. As international migration increases, these findings call for greater theoretical and empirical breadth in legal inequality research beyond traditional emphases, such as race and ethnicity. Details: West Lafayette, IN: Purdue University, Department of Sociology, 2014. 37p. Source: Internet Resource: Criminal Justice, Borders and Citizenship Research Paper : Accessed November 20, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2507448 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2507448 Shelf Number: 134173 Keywords: HispanicsImmigrantsPunishmentRacial DisparitiesSentencing Disparities (U.S>) |
Author: Dinh, Ngan Title: Human Trafficking in Southeast Asia: Results from a Pilot Project in Vietnam Summary: Human trafficking is one of the most widely spread and fastest growing crimes in the world. However, despite the scope of the problem, the important human rights issues at stake and the professed intent of governments around the world to put an end to "modern day slavery", there is very little that is actually known about the nature of human trafficking and those most at risk as potential victims. This is due in large part to the difficulty in collecting reliable and statistically useful data. In this paper we present the results of a pilot study run in rural Vietnam with the aim of overcoming these data issues. Rather than attempt to identify victims themselves, we rely on the form rural migration often takes in urbanizing developing countries to instead identify households that were sources of trafficking victims. This allows us to construct a viable sampling frame, on which we conduct a survey using novel techniques such as anchoring vignettes, indirect sampling, list randomization and social network analysis to construct a series of empirically valid estimates that can begin to shed light on the problem of human trafficking. Details: Bonn, Germany: Institute for the Study of Labor (IZA), 2014. 31p. Source: Internet Resource: IZA DP No. 8686: Accessed February 4, 2015 at: http://ftp.iza.org/dp8686.pdf Year: 2014 Country: Vietnam URL: http://ftp.iza.org/dp8686.pdf Shelf Number: 134541 Keywords: Human Trafficking (Vietnam)ImmigrantsMigrationSocial Network Analysis |
Author: Lee, Evan Title: Regulating Crimmigration Summary: In the last decade, federal prison populations and deportations have both soared to record numbers. The principal cause of these sharp increases has been the leveraging of prior criminal convictions - mostly state convictions - into federal sentencing enhancements and deportations. These increases are controversial on political and policy grounds. Indeed, the political controversy has overshadowed the fact that the Nation's Article III and immigration courts have struggled with an exquisitely difficult set of technical problems in determining which state criminal convictions should qualify for federal sentencing enhancements and/or deportation. The crux of the problem is that the underlying crime can be viewed in a fact-sensitive manner - which usually benefits the government - or in an abstract, "categorical" manner - which usually benefits the individual. In two recent decisions, Descamps v. United States and Moncrieffe v. Holder, the U.S. Supreme Court has squarely sided with a categorical approach. Yet the implementation of a categorical approach faces three huge challenges: first, it cuts against the widely shared intuition that just punishment should turn on the facts of the case in question; second, it presupposes that federal courts will always be able to ascertain the essential elements of state offenses; and third, a categorical approach resists application to a significant number of existing federal statutes. This Article sketches out a coherent framework for administering a categorical approach across both federal sentencing and immigration, in the process reconciling seemingly inconsistent Supreme Court decisions and suggesting how several circuit splits should be resolved. Details: San Francisco: University of California Hastings College of the Law, 2015. 72p. Source: Internet Resource: UC Hastings Research Paper No. 128: Accessed February 12, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2559485 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2559485 Shelf Number: 134604 Keywords: DeportationImmigrantsImmigrationPunishmentSentencing (U.S.)Sentencing Enhancements |
Author: Armacost, Barbara E. Title: Immigration Policing: Federalizing the Local Summary: Recent immigration scholarship has identified two features of current immigration enforcement: the "federalization" of immigration law - meaning the growing participation of state and local police in immigration enforcement - and "crimmigration" - the increasing use of immigration law as a strategy for crime control. Scholars argue that these trends are new and that they have had a negative effect on immigration regulation. By contrast, supporters of state and local immigration enforcement point out that police officers can serve as a powerful "force multiplier" by funneling the highest priority illegal aliens - criminal aliens - into the federal immigration system. They argue that this won't change the shape of ordinary law enforcement. Neither side is correct. On the one hand, neither of these features is particularly new. For decades, federal immigration officials have been partnering with state and local officials and for nearly 100 years federal law has provided for deportation based on conviction of certain crimes. What is new is that enhanced funding and expanded programing has enlarged the scope of state and local participation and thrust it into public view. On the other hand, proponents of state and local police as "force multipliers" underestimate the extent to which this increased participation distorts both federal immigration enforcement policy and state and local law enforcement policy. These distortions result primarily from one salient feature of the merged system: the fact that state and local police involved in immigration enforcement make front-end law enforcement decisions in light of the promise of back-end immigration enforcement. This has led to the use of pre-textual stops and arrests ostensibly for traffic violations or minor crimes but actually for the purpose of feeding suspected illegal aliens into the immigration enforcement system. This article demonstrates how pre-textual enforcement actions distort federal and state/local enforcement priorities and undermine political accountability. They also lead, almost inevitably, to racial profiling that is largely impervious to legal and constitutional challenge. Assuming, as I do, that immigration policing and crimmigration are here to stay, the challenge is to harness the "force multiplier" of state and local enforcement without creating the dysfunction that can accompany it. The key is to find ways to decouple state and local law enforcement decisions from the promise of immigration enforcement. This article identifies some promising responses in this direction by ICE and state and local law enforcement agencies. While these early efforts are inadequate, they may point the way forward in a world in which immigration federalism and crimmigration are here to stay. Details: Charlottesville, VA: University of Virginia School of Law, 2014. 78p. Source: Internet Resource: Virginia Public Law and Legal Theory Research Paper No. 2014-60 : Accessed March 19, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2504042 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2504042 Shelf Number: 134978 Keywords: Border ControlCrimmigrationImmigrantsImmigration Enforcement (U.S.)PolicingRacial Profiling |
Author: United States Sentencing Commission Title: Illegal Reentry Offenses Summary: This report analyzes data collected by the United States Sentencing Commission1 concerning cases in which offenders are sentenced under USSG 2L1.2 - commonly called "illegal reentry" cases. Such cases are a significant portion of all federal cases in which offenders are sentenced under the United States Sentencing Guidelines. In fiscal year 2013, for instance, illegal reentry cases constituted 26 percent of all such cases. As part of its ongoing review of the guidelines, including the immigration guidelines, the Commission examined illegal reentry cases from fiscal year 2013, including offenders' criminal histories, number of prior deportations, and personal characteristics. Part I of this report summarizes the relevant statutory and guideline provisions. Part II provides general information about illegal reentry cases based on the Commission's annual datafiles. Part III presents the findings of the Commission's in-depth analysis of a representative sample of illegal reentry cases. Part IV presents key findings. Details: Washington, DC: United States Sentencing Commission, 2015. 32p. Source: Internet Resource: Accessed April 20, 2015 at: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/immigration/2015_Illegal-Reentry-Report.pdf Year: 2015 Country: United States URL: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/immigration/2015_Illegal-Reentry-Report.pdf Shelf Number: 135259 Keywords: Illegal ImmigrationIllegal Reentry (U.S.)ImmigrantsImmigration PolicySentencing Guidelines |
Author: Australia. Department of Immigration and Border Protection Title: Review into recent allegations relating to conditions and circumstances at the Regional Processing Centre in Nauru Summary: A number of allegations have been made recently regarding conditions and circumstances at the Regional Processing Centre in Nauru (also known as 'the centre'). These allegations include issues relating to the conduct and behaviour of staff employed by contracted service providers, claims of sexual and other physical assault of transferees, the orchestration and facilitation of transferees to engage in non-compliant or harmful behaviour and protest actions potentially endangering the safety and security of all persons at the centre, and the misuse and unauthorised disclosure of sensitive and confidential information, including to undermine the proper management of the centre. The purpose of this review is to provide a complete and accurate account of the circumstances, to determine the substance (if any) of the allegations and to provide recommendations to relevant authorities to strengthen arrangements at the Regional Processing Centre in Nauru. The Acting Secretary of the Department of Immigration and Border Protection has initiated a review to investigate and report on the key issues, in particular: - to determine exactly what the facts are - to ensure that those facts are available to any authorities for any action required as a result - to ensure that the department is provided with clear recommendations on any improvements that can be made to support the Republic of Nauru with the ongoing management of the Regional Processing Centre in Nauru. Consistent with the Memorandum of Understanding between The Republic of Nauru and the Commonwealth of Australia, relating to the transfer to and assessment of persons in Nauru and related issues (dated 3 August 2013), the security, good order and management of the centre, including the care and welfare of persons residing in the centre, remain the responsibility of the sovereign Government of Nauru. In relation to service providers, the scope of this review is limited to an examination of those service providers and staff engaged by the Commonwealth of Australia for the purposes of providing services of any kind at the Regional Processing Centre in Nauru. Should it become apparent in the course of the review that there is information of concern in relation to service providers engaged by the Republic of Nauru, this information will be provided to the Government of Nauru. Details: Australian Department of Immigration and Border Protection, 2015. 86p. Source: Internet Resource: Accessed April 25, 2015 at: http://apo.org.au/files/Resource/review-conditions-circumstances-nauru.pdf Year: 2015 Country: Australia URL: http://apo.org.au/files/Resource/review-conditions-circumstances-nauru.pdf Shelf Number: 135399 Keywords: Border SecurityImmigrant Detention (Australia)ImmigrantsImmigration |
Author: Mabudusha, Sekgologo Angel Title: The Policing of Illegal Squatting in the Greenbelts within Weltevreden Park Area Summary: After South Africa's democratisation in 1994, the areas which had been deemed "only for whites" within the City of Johannesburg Metropolitan Municipality (CoJ) were opened to all citizens. These changes attracted a high in-migration of people seeking better living in the CoJ. This influx not only challenged the provision of employment but also impacted negatively on the availability of land and housing and on the maintenance of safety and security by the police. Lack of accommodation forced immigrants to squat in the open spaces (including in the greenbelts) within the CoJ. A literature review provided an understanding of this problem locally and internationally. Semi-structured interviews were also conducted with the affected stakeholders. The findings showed that the measures needed to combat the causes of illegal squatting are beyond police control. The involvement of departments such as Human Development, Labour, Home Affairs and Environmental Management is needed for a successful solution to the problem Details: Pretoria: University of South Africa, 2010. 137p. Source: Internet Resource: Thesis: Accessed May 16, 2015 at: http://oatd.org/oatd/record?record=handle%5C%3A10500%5C%2F3458 Year: 2010 Country: South Africa URL: http://oatd.org/oatd/record?record=handle%5C%3A10500%5C%2F3458 Shelf Number: 135679 Keywords: Homeless PersonsIllegal SquattersImmigrantsNuisance Behaviors and Disorder |
Author: Donnelly, Robert Title: Transit Migration in Mexico: Domestis and International Policy Implications Summary: The recent surge in Central American migration has challenged Mexico to implement policies that uphold human rights for migrants (especially unaccompanied children) who are passing through the country while also deterring unauthorized crossings at the southern border and cracking down on human smuggling and trafficking. However, finding the appropriate balance for these policies - with a humanitarian focus on the one hand and meeting larger "security concerns" on the other hand - has been elusive for the Mexican government. This essay discusses the historical and political context of Mexico's various policy responses to the spike in Central American migration through Mexico toward the United States and analyzes related implications for the country's relationships with the United States and its Central American neighbors. Details: Houston, TX: James A. Baker III Institute for Public Policy, Rice University, 2014. 20p. Source: Internet Resource: Accessed May 21, 2015 at: http://bakerinstitute.org/media/files/files/4a32803e/MC-pub-TransitMigration-120214.pdf Year: 2014 Country: Mexico URL: http://bakerinstitute.org/media/files/files/4a32803e/MC-pub-TransitMigration-120214.pdf Shelf Number: 135741 Keywords: Border SecurityHuman RightsHuman SmugglingHuman TraffickingImmigrantsImmigrationImmigration Policy |
Author: Baird, Theodore Title: Understanding human smuggling as a human rights issue Summary: Governments typically view human smuggling as an issue of law enforcement and border control. Instead, human smuggling should be viewed as a human rights issue. Policy recommendations State responses to human smuggling: 1. Improve identification of who has been victimised by violence or fraud. This should be a key priority of law enforcement when apprehending 'survival migrants' using smuggling services. 2. Improve awareness of human smuggling through training of police, lawyers, members of civil society and the public. 3. Implement and enforce legislation that can provide protection to smuggled migrants. 4. Potential migrants should be educated in countries of origin, transit, and destination to raise their awareness of the risks involved as well as in how to contact police in case they find themselves subject to violence, fraud or kidnapping. 5. Improve the number of reception areas for minors without documents. Details: Copenhagen: Danish Institute for International Studies, 2013. 4p. Source: Internet Resource: DIIS Policy Brief: Accessed May 26, 2015 at: http://www.diis.dk/files/media/publications/import/extra/pb2013_understanding_human_smuggling_baird_webversion_1.pdf Year: 2013 Country: International URL: http://www.diis.dk/files/media/publications/import/extra/pb2013_understanding_human_smuggling_baird_webversion_1.pdf Shelf Number: 129736 Keywords: Human RightsHuman SmugglingImmigrantsImmigration |
Author: Alpes, Maybritt Jill Title: Migration brokerage, illegality, and the state in Anglophone Cameroon Summary: Migration brokers are important participants within the increasingly commercialized policing of borders. Focusing on connections between migration brokers and state authorities, this paper asks how migration brokers relate to the realm of the law, as well as how the law relates to migration brokerage. By examining illegality only when it becomes visible to aspiring migrants and brokers within their context of departure, this paper demonstrates how state regulation is intimately intertwined with the emergence of migration brokerage. The argument of the paper provides a counter-point to studies of migration and illegality that often adopt an implicitly statist perspective by categorising brokers as either legal or illegal, as well as by framing brokers as agents that work 'against' the state. The paper is based on fourteen months of ethnographic fieldwork in Anglophone Cameroon between 2007 and 2010 and illuminates the work of two NGOs that engage in so-called 'travel consultations'. It contributes to on-going discussions within the 'Migration Industry and Markets for Migration Control Network'. Details: Copenhagen: Danish Institute for International Studies, 2013. 18p. Source: Internet Resource: DIIS Working Paper 2013:07: Accessed May 26, 2015 at: http://www.diis.dk/files/media/publications/import/extra/wp_2013_jill_alpes_web_1.pdf Year: 2013 Country: Cameroon URL: http://www.diis.dk/files/media/publications/import/extra/wp_2013_jill_alpes_web_1.pdf Shelf Number: 129735 Keywords: Illegal ImmigrantsImmigrantsImmigration |
Author: Rabin, Nina Title: Victims or Criminals? Discretion, Sorting, and Bureaucratic Culture in the U.S. Immigration System? Summary: This article examines the Obama Administration's effort to encourage the use of prosecutorial discretion by Immigration and Customs Enforcement (ICE), the executive agency in charge of the enforcement of immigration laws. Since 2010, the Obama Administration has repeatedly stated that agency officials are to focus enforcement efforts on those who pose a threat or danger, rather than pursuing deportation of all undocumented immigrants with equal fervor. Yet despite repeated directives by the administration, the implementation of prosecutorial discretion is widely considered a failure. Data and anecdotes from the field suggest that ICE has yet to embrace this more nuanced approach to the enforcement of immigration laws. In this article, I argue that one key reason that prosecutorial discretion has not taken hold within ICE is the failure of the President and his administration to adequately account for agency culture. In particular, the prosecutorial discretion initiative directly conflicts with the central role that criminal convictions play in ICE culture. To support my argument, I present an in-depth case study of the agency's refusal to exercise discretion in a highly compelling case. For over two years, ICE aggressively prosecuted a client of University of Arizona's immigration clinic who appeared to be the quintessential recipient of prosecutorial discretion, as the victim of domestic violence, sex trafficking, and the primary caregiver for three young U.S citizen children. Despite these equities, ICE's decision to prosecute was based wholly on the single conviction on her record, which was directly related to her victimization and for which she received a sentence of probation only. I situate this case study in a theoretical framework regarding bureaucratic culture. Applying this analysis to ICE brings into focus key elements of the agency's culture, particularly its tendency to view all immigrants as criminal threats. This culture makes the sole fact of a conviction - without regard to its seriousness or context - a nearly irreversible determinant of the agency's approach to any given case. My analysis of the nature and intensity of ICE's bureaucratic culture has troubling implications for the capacity of the President and his administration to implement reforms that counter the lack of nuance in the immigration system's current legal framework. It suggests that locating discretion primarily in the enforcement arm of the immigration bureaucracy has inherent limitations that lead to a system poorly designed to address humanitarian concerns raised in individual cases. Details: Tucson: University of Arizona - James E. Rogers College of Law, 2013. 68p. Source: Internet Resource: Arizona Legal Studies Discussion Paper No. 13-38 : Accessed June 3, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2310125 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2310125 Shelf Number: 129775 Keywords: ImmigrantsImmigrationImmigration EnforcementImmigration PolicyProsecutorial Discretion |
Author: Papademetriou, Demetrios G. Title: Beyond Asylum: Rethinking Protection Policies to Meet Sharply Escalating Needs Summary: With more than half of all registered refugees displaced for at least five years and forced displacement at levels unseen since World War II, there is growing recognition that the global protection system is failing both those it was designed to protect and the communities that offer refuge. Responsibility for providing protection is falling extremely unevenly on countries and communities closest to the regions of crisis. This reality undermines overall public support for the refugee system in countries of first asylum. But publics in wealthy countries in Europe and elsewhere that seemingly have "gold-standard" protection systems are also experiencing increasing "protection fatigue." A new report from the Migration Policy Institute's Transatlantic Council on Migration discusses the growing strains on the protection system before proposing a series of goals that national governments and international actors should pursue to facilitate the development of an innovative, comprehensive protection system that better meets the needs of today's refugees and host communities alike. In Beyond Asylum: Rethinking Protection Policies to Meet Sharply Escalating Needs, Transatlantic Council Convenor and MPI President Emeritus Demetrios G. Papademetriou urges policymakers to respond proactively to instability and the inevitable displacement before it becomes unmanageable-as seen with the rising flows crossing the Mediterranean in search of refuge in Europe, in Southeast Asia's Bay of Bengal and Andaman Sea, and elsewhere. Investment in sustainable livelihoods and better living conditions for both refugees and host communities in the crisis region; wider legal channels for protection and alternative ways for refugees to submit claims (such as external processing); and the development of fairer, more effective asylum adjudication, reception and return policies are all necessary elements, Papademetriou suggests. "The scale of current protection demands has made the need for policy innovations clear, even to those outside the humanitarian community, and has created an ideal opportunity to experiment," Papademetriou writes. Among the recommendations, the report urges policymakers to move beyond the traditional care-and-maintenance model of protection by finding ways to empower refugees to gain access to secure living situations and the means to support themselves as quickly as possible. Policymakers "need to consider refugees not just as victims in need of shelter, but social and economic actors with a need for individual fulfillment and opportunities, and the potential to contribute to their host communities through their skills, international networks, access to unique streams of aid and resources, and purchase of local goods and services," Papademetriou writes. Details: Washington, DC: Migration Policy Institute, 2015. 19p. Source: Internet Resource: Accessed June 4, 2015 at: http://reliefweb.int/sites/reliefweb.int/files/resources/TCM-Protection-CouncilStatement.pdf Year: 2015 Country: International URL: http://reliefweb.int/sites/reliefweb.int/files/resources/TCM-Protection-CouncilStatement.pdf Shelf Number: 135898 Keywords: Asylum SeekersImmigrantsMigration PolicyRefugeesUndocumented Citizens |
Author: Garcia, Michael John Title: State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement Summary: While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration-whether lawful or unlawful-is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration enforcement efforts. However, others have been unwilling to assist the federal government in enforcing measures that distinguish between residents with legal immigration status and those who lack authorization under federal law to be present in the United States. In some circumstances, these jurisdictions have actively opposed federal immigration authorities' efforts to identity and remove certain unlawfully present aliens within their jurisdictions. Although state and local restrictions on cooperation with federal immigration enforcement efforts have existed for decades, there has reportedly been an upswing in the adoption of these measures in recent years. Moreover, the nature of these restrictions has evolved over time, particularly in response to recent federal immigration enforcement initiatives like Secure Communities (subsequently replaced by the Priority Enforcement Program), which enable federal authorities to more easily identify removable aliens in state or local custody. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions, though there is not necessarily a consensus as to the meaning of this term or its application to a particular state or locality. Recent reports that an alien who shot and killed a woman, after being released by San Francisco authorities who had declined to honor an immigration detainer issued by federal authorities, have brought increased attention to state and local practices of declining to honor such detainers, as well as "sanctuary" policies more generally. This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. The report begins by providing a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme. The report then discusses various types of measures adopted or considered by states and localities to limit their participation in federal immigration enforcement efforts, including (1) limiting police investigations into the immigration status of persons with whom they come in contact; (2) declining to honor federal immigration authorities' requests that certain aliens be held until those authorities may assume custody; (3) shielding certain unlawfully present aliens from detection by federal immigration authorities; and (4) amending or applying state criminal laws so as to reduce or eliminate the immigration consequences that might result from an alien's criminal conviction. For discussion of legal issues raised by states and localities seeking to play an active role in enforcing federal immigration law, see CRS Report R41423, Authority of State and Local Police to Enforce Federal Immigration Law, by Michael John Garcia and Kate M. Manuel. Details: Washington, DC: Congressional Research Service, 2015. 23p. Source: Internet Resource: R43457: Accessed July 23, 2015 at: http://www.fas.org/sgp/crs/homesec/R43457.pdf Year: 2015 Country: United States URL: http://www.fas.org/sgp/crs/homesec/R43457.pdf Shelf Number: 136136 Keywords: Illegal ImmigrantsImmigrantsImmigrationImmigration Enforcement |
Author: Kuschminder, Katie Title: Irregular Migration Routes to Europe and Factors Influencing Migrants' Destination Choices Summary: Irregular migration to Europe has become a central issue for the 28 member states of the European Union (EU). The number of migrants crossing the Mediterranean with the intention to irregularly cross a European border reached a record high in 2014, when 267,344 people were detected at the EU borders. This is more than double the number of people who irregularly crossed a European border from the Mediterranean in 2013 (Frontex, 2015). Until the mid-2000s, Morocco was the main source country of irregular migrants entering Europe, but the majority of migrants who have entered Europe irregularly in recent years are from conflict-affected countries such as Syria, Somalia, and Afghanistan (Duvell, 2011; Frontex, 2015). The same shift can be seen in the Dutch context: research from the Netherlands has indicated a decrease in the number of irregular Moroccans in the Netherlands over the past decade (Engbersen, Snel & van Meeteren, 2013). This is an example of the fact that the patterns of migration to Europe are continually changing (Collyer & De Haas, 2012). As will be shown in this comprehensive review of the literature of irregular migration to Europe, the routes of entry to the EU constantly adjust according to circumstances in the countries of origin, transit and destination. The EU has reacted to increased irregular migration flows through increased border securitisation and the building of 'Fortress Europe' (De Haas & Czaika, 2013). As has been continually stated by De Haas (2014), however, "increased border controls do not stop migration". The record number of irregular crossings into Europe in 2014 has illustrated this well. Irregular entry poses many challenges for the nation state by both challenging state sovereignty and requiring resources to address the movements. Border States of the EU, such as Greece and Italy, have in recent years received the largest numbers of irregular migrants. In December 2011, the European Court of Justice ruled that migrants could not be returned to Greece under the Dublin II regulation due to the over burdening of the asylum system and poor conditions for asylum seekers in Greece. Italy has placed 'burden-sharing' and migration in general as a high priority on the EU agenda given the disproportionate number of irregular migrants the country receives and the lack of resources the country possesses to address them. Details: Maastricht, The Netherlands: Maastricht Graduate School of Governance, 2015. 92p. Source: Internet Resource: Accessed July 24, 2015 at: http://www.emnbelgium.be/sites/default/files/publications/irregular_migration_routes_maastricht_graduate_school_of_governance_june_2015.pdf Year: 2015 Country: Europe URL: http://www.emnbelgium.be/sites/default/files/publications/irregular_migration_routes_maastricht_graduate_school_of_governance_june_2015.pdf Shelf Number: 136147 Keywords: Asylum SeekersHuman SmugglingIllegal ImmigrationImmigrantsImmigration |
Author: Noferi, Mark Title: A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers Summary: For decades, the U.S. refugee protection system has been a symbol of the nation's generosity and openness to the world's persecuted. Yet since Congress' enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), asylum seekers arriving at the United States-Mexico border have been subject to mandatory detention and summary deportation processes, resulting in the deportation of countless persons in need of protection. Empirical research has found, however, that asylum seekers fleeing persecution arrive predisposed to comply with legal processes and trust the system to provide them a fair hearing, even if they might lose. If the U.S. government treats asylum seekers fairly and humanely-i.e., releases them following their apprehension and provides legal assistance before their hearing-evidence suggests that they will be likely to appear for proceedings. Put simply, a humane approach can work. This report reviews emerging research on the release of asylum seekers from detention, including the impact of various forms of alternatives to detention (ATD), summarizes the primary harms caused by immigration detention, and argues that releasing asylum seekers (on alternatives as needed) and affording legal assistance can protect the rights of asylum seekers and facilitate compliance with proceedings and legitimate removals, at far less human and financial cost than detention. Details: Washington, DC: American Immigration Council; New York: Center for Migration Studies, 2015. 18p. Source: Internet Resource: Accessed July 29, 2015 at: http://cmsny.org/wp-content/uploads/A-Humane-Approach-Can-Work.pdf Year: 2015 Country: United States URL: http://cmsny.org/wp-content/uploads/A-Humane-Approach-Can-Work.pdf Shelf Number: 136236 Keywords: Alternatives to DetentionAsylum SeekersDeportationImmigrants |
Author: Ewing, Walter A. Title: The Criminalization of Immigration in the United States Summary: For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime. This holds true for both legal immigrants and the unauthorized, regardless of their country of origin or level of education. In other words, the overwhelming majority of immigrants are not "criminals" by any commonly accepted definition of the term. For this reason, harsh immigration policies are not effective in fighting crime. Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence. As a result, immigrants have the stigma of "criminality" ascribed to them by an ever-evolving assortment of laws and immigration-enforcement mechanisms. Put differently, immigrants are being defined more and more as threats. Whole new classes of "felonies" have been created which apply only to immigrants, deportation has become a punishment for even minor offenses, and policies aimed at trying to end unauthorized immigration have been made more punitive rather than more rational and practical. In short, immigrants themselves are being criminalized. Details: Washington, DC: American Immigration Council, 2015. 28p. Source: Internet Resource: Special Report: Accessed August 3, 2015 at: http://immigrationpolicy.org/sites/default/files/docs/the_criminalization_of_immigration_in_the_united_states_final.pdf Year: 2015 Country: United States URL: http://immigrationpolicy.org/sites/default/files/docs/the_criminalization_of_immigration_in_the_united_states_final.pdf Shelf Number: 136285 Keywords: DeportationIllegal ImmigrantsImmigrantsImmigration EnforcementImmigration Policy |
Author: Global Detention Project Title: The Detention of Asylum Seekers in the Mediterranean Region Summary: With the recent tragic surge in the number of deaths at sea of asylum seekers and other migrants attempting to reach Europe, enormous public attention is being focused on the treatment of these people across the Mediterranean. An important migration policy employed throughout the region is detention, including widespread deprivation of liberty of asylum seekers and other vulnerable groups. This Global Detention Project background paper is intended to highlight some of the vulnerabilities that people seeking international protection face when they are taken into custody in Mediterranean countries and to underscore the way that European Union-driven policies have impacted the migratory phenomenon in the region. The report focuses on eight key countries in Europe and North Africa. While there are clear differences in treatment from one side of the Mediterranean to the next, looked at collectively, the protection environment across all the countries in the region is bleak. Not surprisingly, the conditions of detention asylum seekers face in North African countries are often horrific and inhumane. However, in Europe, there are also serious shortcomings. In fact, as this backgrounder reports, reception and detention conditions in three of Europe's main asylum receiving countries (Greece, Italy, and Malta) are so inadequate that many of their EU counterparts have been forced to halt returns to these countries under the Dublin III Regulation Details: Geneva, SWIT: Global Detention Project, 2015. 22p. Source: Internet Resource: Global Detention Project Backgrounder : Accessed August 8, 2015 at: http://www.globaldetentionproject.org/fileadmin/DIVERSE/GDP_Med_report_final.pdf Year: 2015 Country: Europe URL: http://www.globaldetentionproject.org/fileadmin/DIVERSE/GDP_Med_report_final.pdf Shelf Number: 136361 Keywords: Asylum SeekersImmigrant DetentionImmigrantsMigrants |
Author: Newland, Kathleen Title: Irregular Maritime Migration in the Bay of Bengal: The Challenges of Protection, Management, and Cooperation Summary: In recent decades, maritime migration in Asia has become increasingly contentious, as refugees and irregular migrants traversing the region by sea complicate the attempts of governments in the Asia-Pacific region to control their borders, regulate immigration, and fulfill their obligations under international law. In the spring of 2015, irregular maritime migration across the Bay of Bengal to Southeast Asia entered a period of crisis as a wave of migrants and refugees crossed or attempted to cross the Bay of Bengal to reach Southeast Asia. The discovery in April and May 2015 of smuggler camps on both sides of the Thailand-Malaysia border showed the critical dangers that attend the journey. At the center of the migration crisis is the exodus of stateless Muslims from western Myanmar (and in some cases, Bangladesh), mingled with Bangladeshi migrants seeking work opportunities in the wealthier countries of the region. Members of the Muslim minority, known as the Rohingya, have suffered extreme poverty and discrimination since the end of British colonial rule and establishment of the modern state of Myanmar. Communal violence between the Rohingya and Buddhists in Myanmar's Rakhine state flared in 2012, resulting in the flight of Rohingya to neighboring Bangladesh, where at least 200,000 remain. Tens of thousands of others embarked on irregular maritime journeys from Bay of Bengal ports in Myanmar and Bangladesh. This MPI-International Organization for Migration (IOM) Issue in Brief attempts to put the crisis of 2015 into context, providing an overview of the routes and patterns of migration, the development of migration out of Myanmar's Rakhine state over the past few years and how policy responses to it have assigned priority to the protection of migrants and refugees, to the management of the maritime flows and to cooperation on migration with countries in the region and beyond. The brief concludes with several recommendations, and a consideration of what recent history has to teach us about responses to maritime migration crises. Details: Bangkok and Washington, DC: International Organization for Migration and Migration Policy Institute, 2015. 16p. Source: Internet Resource: Issue in Brief, Issue No. 13: Accessed August 14, 2015 at: http://www.migrationpolicy.org/research/irregular-maritime-migration-bay-bengal-challenges-protection-management-and-cooperation Year: 2015 Country: Asia URL: http://www.migrationpolicy.org/research/irregular-maritime-migration-bay-bengal-challenges-protection-management-and-cooperation Shelf Number: 136406 Keywords: Border SecurityHuman SmugglingImmigrantsImmigrationMigrantsMigration EnforcementRefugees |
Author: U.S. White House Title: Moderning & Streamlining our Legal Immigration System for the 21st Century Summary: On November 20, 2014, President Obama acted within his authority to take executive action to fix our broken immigration system. He announced critical measures that enhance border security; create accountability for certain undocumented individuals; and modernize our legal immigration systems for high-skilled workers, entrepreneurs, students, and families. These steps are enhancing the integrity of our immigration system and national security while contributing to our economy. According to the Council of Economic Advisors, the President's executive actions, if fully implemented, would be expected to boost our nation's gross domestic product (GDP) by between $100 billion and $250 billion, expand the size of the American labor force, and raise average annual wages for U.S.-born workers by 0.4 percent, or $220 in today's dollars, over the next 10 years. The President's actions would also cut the Federal deficit by $30 billion in 2024. As a part of these actions, President Obama issued a Presidential Memorandum on "Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century." In this Memorandum, the President directed the Secretary of State and the Secretary of Homeland Security to lead an interagency effort to develop recommendations, in consultation with stakeholders and experts, to: (1) reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system; (2) ensure that policies, practices, and systems use all of the visa numbers that Congress provides for and intends to be used, consistent with demand; and (3) modernize the information technology infrastructure underlying the visa processing system with the goal to reduce redundant systems, improve the experience of applicants, and enable better oversight. The Departments of State (State) and Homeland Security (DHS), working in consultation with the White House and other federal agencies, conducted a thorough review of options to modernize and streamline our legal immigration system within existing authorities. This process included internal assessments of potential agency actions, engagement with external stakeholders, and a public call for comments and suggestions through a Request for Information (RFI) published in the Federal Register on December 30, 2014, that generated approximately 1,650 responses from both individuals and organizations. Several clear themes emerged from this interagency process and stakeholder feedback. Internal and external stakeholders alike emphasized the need to fully utilize technology to improve and streamline the current system for processing visa applications and requests for other immigration benefits. External stakeholder comments also emphasized frustration with burdensome application requirements, long processing times, and a need for greater transparency and accountability in the application and adjudication processes. Some concerns, such as extended waiting times for immigrant visas, reflect statutory constraints that must be addressed through legislative reform of our immigration system. However, many other concerns can be addressed through administrative reforms and greater collaboration within agencies. To that end, this report makes numerous recommendations. Details: Washington, DC: The White House, 2015. 48p. Source: Internet Resource: Accessed August 14, 2015 at: https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report1.pdf Year: 2015 Country: United States URL: https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report1.pdf Shelf Number: 136427 Keywords: Border SecurityImmigrantsImmigrationImmigration EnforcementImmigration Policy |
Author: Martinez, Daniel E. Title: Bordering on Criminal: The Routine Abuse of Migrants in the Removal System. Part I: Migrant Mistreatment While in U.S. Custody Summary: This is the first in a series of three reports we will be releasing that highlight findings from the second wave of the Migrant Border Crossing Study (MBCS). Wave II of the MBCS, currently housed in the Center for Latin American Studies at the University of Arizona and the Department of Sociology at George Washington University, is a binational, multiinstitution study of 1,110 randomly selected, recently repatriated migrants1 surveyed in six Mexican cities between 2009 and 2012. This report focuses on the mistreatment of unauthorized migrants while in U.S. custody. Overall, we find that the physical and verbal mistreatment of migrants is not a random, sporadic occurrence but, rather, a systematic practice. One indication of this is that 11% of deportees report some form of physical abuse and 23% report verbal mistreatment while in U.S. custody - a finding that is supported by other academic studies and reports from nongovernmental organizations. Another highly disturbing finding is that migrants often note they are the targets for nationalistic and racist remarks - something that in no way is integral to U.S. officials' ability to function in an effective capacity on a day-to-day basis. We find that, when they occur, physical and verbal abuses are usually perpetrated during the apprehension process. When taken in the context of prior studies, it appears that the abuse of migrants while in U.S. custody is a systemic problem and points to an organizational subculture stemming from a lack of transparency and accountability in U.S. Customs and Border Protection. These patterns of abuse have brought scrutiny to the Border Patrol's use-of-force policies and created tension in border communities. Future research should examine the longer-term social and psychological consequences of these types of abuse for migrants and their loved ones. Details: Washington, DC: Immigration Policy Center, American Immigration Council, 2013. 15p. Source: Internet Resource: Accessed August 19, 2015 at: http://www.immigrationpolicy.org/sites/default/files/docs/ipc/Border%20-%20Abuses%20FINAL.pdf Year: 2013 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/ipc/Border%20-%20Abuses%20FINAL.pdf Shelf Number: 132197 Keywords: Immigrant Detention Immigrants Immigration Immigration Enforcement Operation StreamlineUndocumented Immigrants |
Author: Rosenblum, Marc R. Title: An Analysis of Unauthorized Immigrants in the United States by Country and Region of Birth Summary: Mexican and Central American immigrants, who have long histories of migration to the United States, represent 37 percent of the U.S. foreign-born population, yet are disproportionately represented (71 percent) among the total unauthorized immigrant population. Mexico alone accounts for more than half of the estimated 11 million unauthorized immigrants in the United States, with another 15 percent and 14 percent from Central America and Asia, respectively. This report describes trends in the origins of the unauthorized population since 1990, offering estimates for top states and counties of residence by country or region of origin. It also provides estimates for how many members of each origin group are potentially eligible for the Deferred Action for Childhood Arrivals (DACA) program, finding application rates vary significantly across national origins. The report also reviews how settlement patterns vary by origin among new and more established immigration destinations. During the 1990s, the unauthorized population rose substantially, doubling from 3.5 million to 7 million. It continued to increase during the 2000s, reaching a peak of 12.2 million in 2007, then fell to 11 million during and after the recession. While Mexicans comprised a majority of unauthorized immigrants throughout these years, between 2007 and 2013 the population declined by about 1 million. In contrast, unauthorized populations from Central America, Asia, and Africa grew rapidly after 2000-with the numbers from Central America and Asia tripling and from Africa doubling. Countries significantly represented in these increases include China, Ethiopia, Ghana, Guatemala, Honduras, India, and South Korea. Details: Washington, DC: Migration Policy Institute, 2015. 32p. Source: Internet Resource: Accessed August 19, 2015 at: http://www.migrationpolicy.org/research/analysis-unauthorized-immigrants-united-states-country-and-region-birth Year: 2015 Country: United States URL: http://www.migrationpolicy.org/research/analysis-unauthorized-immigrants-united-states-country-and-region-birth Shelf Number: 136486 Keywords: Illegal ImmigrationImmigrantsImmigrationUndocumented Citizens |
Author: Parkin, Joanna Title: The Criminalisation of Migration in Europe: A State-of-the-Art of the Academic Literature and Research Summary: In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called 'criminalisation of migration'. This paper aims to provide an overview of the 'state-of-the-art' in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the socalled 'crimmigration' trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration. By identifying the trends, synergies and gaps in the scholarly approaches dealing with the criminalisation of migration, the paper seeks to provide a framework for on-going research under Work Package 8 of the FIDUCIA project. Details: Brussels: Center for European Policy Studies, 2013. 30p. Source: Internet Resource: CEPS Papers in Liberty and Security in Europe, no. 61: Accessed August 19, 2015 at: http://www.ceps.eu/system/files/Criminalisation%20of%20Migration%20in%20Europe%20J%20Parkin%20FIDUCIA%20final.pdf Year: 2013 Country: Europe URL: http://www.ceps.eu/system/files/Criminalisation%20of%20Migration%20in%20Europe%20J%20Parkin%20FIDUCIA%20final.pdf Shelf Number: 131704 Keywords: Illegal ImmigrationImmigrant DetentionImmigrantsMigrants |
Author: Collins, Jock Title: Immigrant Crime in Europe and Australia: Rational or Racialised Responses? Summary: In Australia and the European Union today there is a very negative immigration discourse linked to the (alleged) criminality of immigrant minorities - particularly those from Asia and the Middle East - and the existence of ethnic criminal gangs. The issue of immigrant crime - linked to the issue of undocumented migrants and refugees - is driving much of the political agenda in Australia and Europe. This paper first reviews the recent European and Australian experience of immigrant crime and the politicisation and racialisation of the immigrant crime issue. It then draws on the findings from a two-year research project into Youth, Ethnicity and Crime in Sydney - funded by the Australian Research Council, the Australian Department of Immigration and Multicultural Affairs and 25 industry partners, including 10 local government authorities and 10 ethnic community organizations in Sydney - to explore the myths and realities of immigrant crime in Sydney, including gender dimensions. The paper then critically analyses media portrayals of such crime and investigates appropriate policy responses at federal, provincial and local government level. Finally, the implications of the immigrant crime debate for immigration and settlement policies in Australia and Europe are discussed. Details: Paper presented to conference entitled The Challenges of Immigration and Integration in the European Union and Australia, 18-20 February 2003, University of Sydney. 35p. Source: Internet Resource: Accessed August 21, 2015 at: https://digitalcollections.anu.edu.au/bitstream/1885/41423/3/collins_paper.pdf Year: 2003 Country: Australia URL: https://digitalcollections.anu.edu.au/bitstream/1885/41423/3/collins_paper.pdf Shelf Number: 136527 Keywords: Illegal ImmigrantsImmigrantsImmigrants and CrimeUndocumented Citizens |
Author: International Detention Coalition Title: Does Detention Deter? Summary: This briefing paper reviews the international research literature on the effectiveness of border control policies - particularly immigration detention - in reducing irregular migration. The brief argues that detention is not only ineffective at reducing irregular migration to desired levels, but also weakens other migration management outcomes such as case resolution, departure for refused cases and integration for approved cases. Given these weaknesses, governments would be better placed prioritizing alternatives to detention. The brief further shows policy development and targeted resource allocation could improve the prospects of migrants by increasing avenues for legal migration and improving life chances in countries of origin and transit. The brief shows destination countries must consider big picture, multi-layered responses to address root causes of irregular movement and reduce the pressures on migrants to undertake risky journeys in an irregular manner. Details: Melbourne: International Detention Coalitions, 2015. 10p. Source: Internet Resource: Briefing Paper: Accessed August 28, 2015 at: http://idcoalition.org/detentiondatabase/does-detention-deter/ Year: 2015 Country: International URL: http://idcoalition.org/detentiondatabase/does-detention-deter/ Shelf Number: 136615 Keywords: Border SecurityIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration EnforcementMigrants |
Author: American Bar Association. Commission on Immigration Title: Family Immigration Detention: Why the Past Cannot Be Prologue Summary: The report, developed by the ABA Commission on Immigration with the assistance of the law firm of O'Melveny & Myers LLP, focuses on the government's response to the 2014 influx in arrivals of Central American mothers with young children to the southwestern U.S. border. It finds that the government's buildup of family detention centers and the practice of detaining families in jail-like settings are at odds with the presumption of liberty and impinge on the families' due process right to legal counsel. The report urges the government and the Department of Homeland Security to anticipate and prepare for periodic increases in the migration of individuals and families seeking asylum without resorting to detention. The report also recommends several specific reforms, including: - releasing families held in detention facilities; - adopting a policy of dealing with families seeking asylum within the community instead of through detention; - employing the least restrictive means of ensuring appearance at hearings and protection of the community; - developing standards for families and children that do not follow a penal model; and - ensuring access to legal information and representation for all families subjected to detention at every stage of their immigration proceedings Details: Chicago: American Bar Association, 2015. 57p. Source: Internet Resource: Accessed September 5, 2015 at: http://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/FINAL%20ABA%20Family%20Detention%20Report%208-19-15.authcheckdam.pdf Year: 2015 Country: United States URL: http://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/FINAL%20ABA%20Family%20Detention%20Report%208-19-15.authcheckdam.pdf Shelf Number: 136708 Keywords: Illegal ImmigrantsImmigrant DetentionImmigrantsImmigration EnforcementImmigration Policy |
Author: Simich, Laura Title: Struggle for Identity and Inclusion:Unaccompanied Immigrant Youth in New York City Summary: Youth have been arriving at U.S. borders on their own since the early days of Ellis Island, but it was not until the summer of 2014 - when the number of unaccompanied immigrant youth arriving to the United States from Central America increased nearly tenfold from recent years - that "child migrants" became the topic of an urgent political debate. While local governments and legislatures across the country have shown interest in supporting unaccompanied immigrant youth through measures that increase their access to lawyers, schools, and healthcare, a lack of knowledge about their circumstances and needs presents an obstacle to policymaking and improving practical responses. Designed as a collaboration among researchers, youth, and community service providers, this study from Vera and Fordham Law School's Feerick Center for Social Justice presents a firsthand account of unaccompanied immigrant youth's needs and insights into practical challenges related to their interactions with key systems in New York. Details: New York: Vera Institute of Justice, Center on Immigration and Justice, 2015. Summary and Technical Report. Source: Internet Resource: Accessed September 11, 2015 at: http://www.vera.org/pubs/unaccompanied-youth-nyc Year: 2015 Country: United States URL: http://www.vera.org/pubs/unaccompanied-youth-nyc Shelf Number: 136712 Keywords: Immigrant ChildrenImmigrantsImmigrationUnaccompanied Migrant Youth |
Author: Human Rights First Title: U.S. Detention of Families Seeking Asylum: A One-Year Update Summary: On June 20, 2014-ironically, on World Refugee Day-the Obama administration announced its strategy for addressing the increase in families and children seeking protection at the U.S. southern border. Part of this plan: detain and quickly deport families from El Salvador, Honduras, and Guatemala in an attempt to deter more from coming. At the time, U.S. immigration authorities had fewer than 100 beds for detaining families with children, all in one facility in Pennsylvania. They quickly increased that number-first by using a makeshift facility in Artesia, New Mexico, then by converting a facility in Karnes County, Texas, and more recently, by opening a large facility in Dilley, Texas to hold up to 2,400 children and their mothers. All told, the administration's plans would increase family detention by 3,800 percent to 3,700 detention beds for children and their parents. One year later, as World Refugee Day 2015 approaches, the Obama Administration continues to send many mothers and children who fled persecution and violence in Central America into U.S. immigration detention. About five thousand children and mothers have been held in U.S. immigration detention since June 2014. Some have been held for nearly a year, and as of April 25, 2015, nearly one-third has spent more than two months in U.S. detention facilities. More than half of the children held in fiscal year 2014 were very young, from newborns to 6-year-olds. The mothers and children held at these facilities face an array of obstacles, from a lack of access to counsel to the day-to-day trauma of detention. Medical and mental health experts report that detention damages the mental health of children, causing depression, posttraumatic stress disorder, and suicidal behavior. Medical professionals who have interviewed these mothers confirm that detention is harming their mental health, and several have reportedly attempted suicide. Many of the women are survivors of violence who are already suffering from the effects of prior traumas. At the 2,400-bed Dilley facility, mothers have reported that their and their children's sleep is disrupted each night as officers come into their rooms each hour, shining flashlights and pulling blankets off faces to "count" each person. Beyond the human cost, immigration detention is extremely expensive. In addition to the over $2 billion Congress spends each year on immigration detention (even mandating that the agency maintain 34,000 beds regardless of need), the administration requested, and in March Congress appropriated, an additional $345.3 million to fund a sharp increase in the number of mothers and children held in detention. Family detention costs, on average, $1,029 per day for a family of three. By contrast, community-based supervision or other alternatives to detention cost much less, from 17 cents to $17 dollars a day in some cases. U.S. detention policies and practices relating to asylum seekers violate the nation's obligations under human rights and refugee protection conventions. While the administration has characterized these women and children as "illegal" border crossers, seeking asylum is not an "illegal" act. In fact, the United States has a legal obligation to protect those seeking asylum, one rooted in conventions the United States helped draft in the wake of World War II. Many of these mothers and children are indeed refugees entitled to protection under our laws and treaty commitments. Earlier this year, 87.9 percent passed initial credible fear screening interviews, indicating that they have a significant possibility of establishing eligibility for asylum. When represented by quality pro bono counsel, many are able to prove their eligibility for asylum or other relief. For instance, about 77 percent of those represented by pro bono attorneys through the American Immigration Lawyers Association (AILA) have been determined by U.S. immigration judges to be "refugees" entitled to asylum or other protection. Details: New York: Human Rights First, 2015. 28p. Source: Internet Resource: Accessed September 16, 2015 at: http://www.humanrightsfirst.org/sites/default/files/hrf-one-yr-family-detention-report.pdf Year: 2015 Country: United States URL: http://www.humanrightsfirst.org/sites/default/files/hrf-one-yr-family-detention-report.pdf Shelf Number: 136788 Keywords: Asylum SeekersIllegal ImmigrantsImmigrant DetentionImmigrantsImmigrationImmigration EnforcementImmigration Policy |
Author: Human Rights Watch Title: "As Though We Are Not Human Beings": Police Brutality against Migrants and Asylum Seekers in Macedonia Summary: Men, women, and children - many from Syria, Somalia, and Afghanistan - have experienced police violence and inhumane, degrading treatment and arbitrary detention in Macedonia, a key transit country along the Western Balkans migration route into the European Union. Many migrants and asylum seekers have already made an arduous journey, boarding overcrowded vessels to cross the Aegean Sea or making the land border crossings from Turkey to Greece planning to travel onwards to northern EU countries. They typically reached Macedonia after walking for several days, often without enough food, water, or proper clothing. Many apprehended by the police in Macedonia were beaten with police batons, punched, kicked, and verbally insulted. They were either summarily returned to Greece amid more abuse or taken straight to detention where they were held in appalling conditions. As Though We Are Not Human Beings, based on interviews with migrants and asylum seekers, experts, and government officials, documents physical and verbal abuse at the hands of Macedonian officials at the border with Greece and ill-treatment by police guards in the Gazi Baba detention center, including physical and verbal abuse as well as gender-based violence. In addition to ill-treatment in Gazi Baba, the report finds that migrants and asylum seekers have been arbitrarily detained in Macedonia in inhumane and degrading conditions, including overcrowding; insufficient access to food and drinking water; and unhygienic and unsanitary conditions. The report calls on Macedonian authorities to stop police abuse, promptly investigate allegations of ill-treatment, and cease arbitrarily detaining migrants and asylum seekers in degrading conditions. It also calls on the European Union to press Macedonia to improve its treatment of migrants and asylum seekers and to assist with Macedonian authorities to respect the human rights of migrants and asylum seekers present in the country. Details: New York: HRW, 2015. 67p. Source: Internet Resource: Accessed September 25, 2015 at: https://www.hrw.org/sites/default/files/report_pdf/macedonia0915_4up.pdf Year: 2015 Country: Macedonia URL: https://www.hrw.org/sites/default/files/report_pdf/macedonia0915_4up.pdf Shelf Number: 136881 Keywords: Asylum SeekersImmigrant DetentionImmigrantsPolice BrutalityPolice MisconductPolice Use of Force |
Author: Lyubarsky, Andrew Title: 23 Hours in the Box: Solitary Confinement in New Jersey Immigration Detention Summary: While solitary confinement is a practice widely used in both civil detention and criminal incarceration, current practices by state and federal facilities have received significant criticism for over reliance on solitary confinement and excessive disciplinary sanctions. The State of New Jersey has a long history of using solitary confinement in its state prisons as a system of control and intimidation. In 1975, after the Civil Rights Movement, the Vietnam War and the prisoners' rights movement, Trenton State Prison (now New Jersey State Prison) established an administrative isolation unit for politically dissident prisoners. Management Control Units (MCUs), which were characterized by "no-touch isolation" and severe restrictions on visits and telephone contact with family members, recreation, as well as the denial of work, education, law library access, and collective religious practice - imposed nearly complete sensory deprivation on those subjected to it. Individuals who had not broken institutional rules were isolated because they belonged to radical political groups, particularly Afro-American nationalist organizations. Some people were subject to this treatment for years; Ojore Lutalo, a member of one such group, was held in isolation for 16 years. The American Friends Service Committee and other New Jersey civil society groups have actively monitored the use of isolated confinement in the state for decades, and fought to secure dignity for many of those subjected to prolonged isolated confinement. The present report continues this tradition of advocacy by focusing exclusively on immigration detainees in civil detention. Though the deprivations immigrant detainees subject to solitary confinement in New Jersey county institutions may not be as prolonged, they are a particularly vulnerable population which suffers lasting psychological damage from isolation. Though such conditions are extremely troubling in the case of confined individuals generally, these problems are of special concern in the context of immigrant detainees. Although immigration detention has always been characterized as non-punitive, and the rhetoric from the Obama Administration has emphasized a reform of the civil immigration detention system, this report finds that immigrant detainees are subject to an unnecessarily harsh system that applies the drastic punishment of solitary confinement too often and for too long. Because immigrants are held in penal facilities they are subjected to the same heavy-handed tactics as criminal inmates, and minor incidents which could easily be handled with non-punitive conflict resolution techniques or, if needed, less restrictive sanctions, immediately trigger solitary confinement. Detainees are confined, often for prolonged periods of time, even when no threat exists to the safety or the functioning of the facilities. Moreover, the current system raises serious due process concerns regarding the policies and practices of disciplinary systems and non-compliance with state regulations in several important respects. Our focus on disciplinary systems and sanctions proceeds from an increased clinical consensus about the severe effects of prolonged solitary confinement on an individual's psychological and physical well-being. Studies have cataloged a series of unique psychiatric symptoms commonly associated with solitary confinement. Taken together, these symptoms rise to the level of a formal psychiatric diagnosis of trauma referred to as "prison psychosis." These harmful effects can be compounded by pre-existing mental health problems that the detainee may have experienced prior to his or her solitary confinement. Since many individuals in immigration detention are likely to have been the victims of life traumas, such as human trafficking, domestic violence, torture, and persecution, solitary confinement poses a unique threat to this population. Details: New York: New Jersey Advocates for Immigrant Detainees, 2015. Source: Internet Resource: Accessed October 22, 2015 at: http://afsc.org/sites/afsc.civicactions.net/files/documents/23%20Hours%20in%20the%20Box.pdf Year: 2015 Country: United States URL: http://afsc.org/sites/afsc.civicactions.net/files/documents/23%20Hours%20in%20the%20Box.pdf Shelf Number: 137052 Keywords: Immigrant DetentionImmigrantsImmigration EnforcementIsolationSolitary ConfinementUndocumented Immigrants |
Author: Harris, Kristine Title: 'A Secret Punishment' - the misuse of segregation in immigration detention Summary: This report reveals that a disturbing number of sick immigration detainees are put in segregation indiscriminately. Medical Justice are calling for an immediate halt to the use of segregation in immigration detention. Immigration detainees may be detained indefinitely despite not having committed any crime - putting them in segregation adds to their trauma. Between 1,200 and 4,800 detainees are segregated each year in immigration detention. Alarmingly there is little central monitoring of the use of segregation. This dossier draws on the cases of 15 detainees assisted by Medical Justice. One woman became mentally ill as a result of being detained for 17 months. During this time she was handcuffed and held in segregation on many occasions to prevent her self-harming. The High Court found her detention amounted to 'inhuman and degrading treatment'. This dossier reveals that the damaging physical and psychological impact of segregation is widely recognised. Its misuse has been repeatedly criticised by official inspectorates yet the abuses continue. It is overused, applied inappropriately and often contravenes the rules. Findings include: - One detainee held in segregation for 22 months - One schizophrenic detainee died in segregation - One person was segregated eight times during 800 days of detention - One detainee was segregated for nine days purely because they were a child - One woman was assaulted with a riot shield while being taken to segregation Details: London: Medical Justice, 2015. 116p. Source: Internet Resource: Accessed November 5, 2015 at: http://www.medicaljustice.org.uk/images/stories/reports/SecretPunishment.pdf Year: 2015 Country: United Kingdom URL: http://www.medicaljustice.org.uk/images/stories/reports/SecretPunishment.pdf Shelf Number: 137197 Keywords: Immigrant DetentionImmigrantsImmigrationImmigration EnforcementIsolationMental Health ServicesMentally IllSegregationSolitary Confinement |
Author: Knippen, Jose Title: An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico Summary: In the report An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico released today, participating organizations explain how the Southern Border Program has significantly increased migration enforcement operations, apprehensions, and deportations of migrants. This stepped-up enforcement has led to an increase in human rights violations against migrants. These migration operations are increasingly conducted in conjunction with Mexican security forces, and migrant shelters have documented kidnappings, extortions, robberies, and abuses throughout the country. Given that Mexico's National Migration Institute (Instituto Nacional de Migracion, INM) has been the primary agency responsible for carrying out the Southern Border Program, it is clear that, far from a development program, the strategy is focused on migration enforcement actions. The report finds that in 2014, the year the Southern Border Program was announced, the INM spent the largest budget in its history, and that this increase goes hand in hand with the increase in migrant apprehensions. For its part, the United States government has provided political and financial support to the Mexican government for migration enforcement, especially following the 2014 "surge" of migrants, mostly unaccompanied children and families from Central America that arrived at the U.S. southwest border. In July 2014, it was revealed that the State Department was working with the Mexican government on enforcement at its southern border, providing some US$86 million in funds already included in the Merida Initiative, a multi-year U.S. security aid package to Mexico. Furthermore, Congress allocated up to US$79 million in additional funds in fiscal year 2015 for this same purpose. The report demonstrates how the Mexican government's efforts to strengthen protections for migrants have fallen far short of their actual needs. There is no evidence that migrants who are victims of crimes and human rights violations have effective access to justice, despite the creation of new specialized prosecutors for attention to migrants. There is a lack of conclusive data regarding justice for migrants in Mexico. The most detailed data are from the specialized prosecutor's office in Oaxaca, which reports that of the 383 complaints received over four years, only 96 resulted in a preliminary investigation being opened and only four resulted in sentences for the perpetrators. Although the National Human Rights Commission (Comisioin Nacional de los Derechos Humanos, CNDH) and state-level human rights commissions are more approachable for demanding justice, the report finds that their "procedures and investigative capacities are not particularly expeditious or effective." The report reveals that of the 1,617 complaints of human rights violations against migrants that the CNDH received from December 1, 2012 to June 15, 2015, only four resulted in a formal recommendation issued to the institution implicated in the complaint. The report also discusses why there are so many potential refugees in Mexico and so few recognized refugees. It stresses that the Mexican Commission for Refugee Assistance (Comision Mexicana de Ayuda a Refugiados, COMAR), only has 15 protection officers in the entire country to ensure access to international protection for the more than 100,000 migrants that are detained over the period of a year. Moreover, COMAR's budget did not increase in real terms from 2014 to 2015. Given this context, An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico, provides concrete recommendations to the relevant governmental agencies within the Mexican government, including the INM, the Ministry of the Interior, and the federal Attorney General's office, as well as to the United States government. The report is the result of a close collaboration between the Washington Office on Latin America (WOLA), Fundar, Centro de Analisis e Investigacion, and seven shelters and organizations that work to defend migrant rights in five areas of Mexico: Casa del Migrante "Frontera con Justicia," AC in Saltillo, Coahuila; the "Red Sonora" (a network composed of three organizations in Sonora: Kino Border Initiative in Nogales, Centro de Recursos para Migrantes in Agua Prieta y Centro Comunitario de Atencion al Migrante y Necesitado, or CCAMYN, in Altar); Albergue de Migrantes "Hermanos en el Camino" in Ixtepec, Oaxaca; La 72, Hogar - Refugio para Personas Migrantes in Tenosique, Tabasco; and Un Mundo, Una Nacion in Apizaco, Tlaxcala Details: Washington, DC: Washington Office on Latin America (WOLA), 2015. 60p. Source: Internet Resource: Accessed November 24, 2015 at: http://www.wola.org/sites/default/files/An%20Uncertain%20Path_Nov2015.pdf Year: 2015 Country: Mexico URL: http://www.wola.org/sites/default/files/An%20Uncertain%20Path_Nov2015.pdf Shelf Number: 137321 Keywords: Border SecurityHuman Rights AbusesImmigrantsImmigrationImmigration EnforcementMigrantsRefugees |
Author: Vaughan, Cathy Title: Promoting community-led responses to violence against immigrant and refugee women in metropolitan and regional Australia: The ASPIRE Project: State of knowledge paper Summary: This state of knowledge paper examines a broad range of national and international research to present the current knowledge about family violence against immigrant and refugee women. While the paper identifies critical evidence on the topic, it acknowledges that much of the available literature has methodological issues, including incomplete and inconclusive prevalence data; small sample sizes; and conceptualising family violence in ways that are not recognised by immigrant and refugee communities. The paper finds: - Overall immigrant and refugee report similar forms of family violence as women from non-immigrant backgrounds, however there are some differences in the types of violence experienced and the structural contexts where it takes place. - The constraints produced by immigration policies are of significant concern, where women depend on perpetrators for economic security and residency rights. - Many immigrant and refugee women are motivated to resolve family violence without ending relationships and breaking up families, for reasons including immigration concerns and family and community pressures. - There is scant evidence that the increase in criminal justice responses to family violence, such as "mandatory arrest" and "pro-prosecution" approaches, are helpful for immigrant women, and may deter them from seeking assistance in crisis situations. The paper also identifies key gaps in literature on this issue, particularly in connection to the ways immigration policies, structural disadvantage and location interact with immigrant and refugee women's experiences of family violence. Details: Sydney: Australia's National Research Organisation for Women's Safety (ANROWS): 2015. 88p. Source: Internet Resource: State of Knowledge Paper: Accessed November 24, 2015 at: http://anrows.org.au/publications/landscapes/promoting-community-led-responses-violence-against-immigrant-and-refugee Year: 2015 Country: Australia URL: http://anrows.org.au/publications/landscapes/promoting-community-led-responses-violence-against-immigrant-and-refugee Shelf Number: 137334 Keywords: Ethnic GroupsFamily ViolenceImmigrantsIntimate Partner ViolenceRefugeesViolence Against Women |
Author: European Union Agency for Fundamental Rights (FRA) Title: Fundamental rights implications of the obligation to provide fingerprints for Eurodac Summary: Eurodac is a large database of fingerprints the European Union (EU) set up for the smooth running of the Dublin system, a mechanism established to determine the Member State responsible for examining an asylum application. The paper intends to assist EU Member States and EU institutions and agencies in avoiding fundamental rights violations when promoting compliance with the duty to provide fingerprints, by examining more closely the impact of refusing to give fingerprints on the principle of non-refoulement, the right to liberty and security, and the protection from disproportionate use of force. It also contains a checklist to guide authorities responsible for implementing the duty to take fingerprints. This focus paper is the first publication of FRA's project on biometric data in large information technologies systems in the field of borders, immigration and asylum included in its Annual Work Programmes 2014-2016. It is a living document that FRA will review in case of new research findings or if the currently sparse national case law develops further. Although focused on fingerprints, the considerations included in this focus paper also apply to other biometric identifiers. Details: Vienna: FRA, 2015. 12p. Source: Internet Resource: Accessed December 1, 2015 at: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2015-fingerprinting-focus-paper_en.pdf Year: 2015 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2015-fingerprinting-focus-paper_en.pdf Shelf Number: 137371 Keywords: Asylum SeekersFingerprintingImmigrantsImmigrationImmigration Enforcement |
Author: U.S. Government Accountability Office Title: Asylum: Additional Actions Needed to Assess and Address Fraud Risks Summary: Each year, tens of thousands of aliens in the United States apply for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. Asylum officers in DHS's USCIS and immigration judges in DOJ's EOIR adjudicate asylum applications. GAO was asked to review the status of the asylum system. This report addresses (1) what DHS and DOJ data indicate about trends in asylum claims, (2) the extent to which DHS and DOJ have designed mechanisms to prevent and detect asylum fraud, and (3) the extent to which DHS and DOJ designed and implemented processes to address any asylum fraud that has been identified. GAO analyzed DHS and DOJ data on asylum applications for fiscal years 2010 through 2014, reviewed DHS and DOJ policies and procedures related to asylum fraud, and interviewed DHS and DOJ officials in Washington, D.C., Falls Church, VA, and in asylum offices and immigration courts across the country selected on the basis of application data and other factors. What GAO Recommends GAO recommends that DHS and DOJ conduct regular fraud risk assessments and that DHS, among other things, implement tools for detecting fraud patterns, develop asylum-specific guidance for fraud detection roles and responsibilities, and implement timeliness goals for pending termination reviews. DHS and DOJ concurred with GAO's recommendations. Details: Washington, DC: GAO, 2015. 101p. Source: Internet Resource: GAO-16-50: Accessed November 2, 2015 at: http://www.gao.gov/assets/680/673941.pdf Year: 2015 Country: United States URL: http://www.gao.gov/assets/680/673941.pdf Shelf Number: 137425 Keywords: AliensAsylum SeekersImmigrantsImmigration Fraud |
Author: Pombo, Gabriela Title: Migrant Women and Gender Violence: Strategies and Perspectives for Interventions Summary: IOM Argentina has launched the English version of a manual originally produced in Spanish, Las Mujeres Migrantes y la Violencia de Genero - Aportes para la Reflexion y la Intervencion (Migrant Women and Gender Violence - Strategies and Perspectives for Interventions). The manual was developed under the framework of the project Promoting Human Rights of Migrants from a Gender Perspective, implemented by IOM Argentina in partnership with the Under-Secretariat of Social Advancement (Subsecretaria de Promocion Social, SPS) from the Ministry for Social Development of the Government of the City of Buenos Aires, with the support of the IOM Development Fund. The manual was produced as a training tool aimed at the teams of this agency regarding the social interventions with migrant women in the field of gender violence. Based on this experience, the distribution of the material at several governmental bodies and civil society organizations sought to further promote sensitization and awareness-raising among the community at large. Along these lines, the adaptation and translation of this product into English is intended to facilitate the dissemination of the matter globally, since it can be utilized by any public servant, civil society employee, or the staff of other organizations concerned with or providing assistance to migrant women undergoing situations of violence. It is the expectation of IOM Argentina that the material will be a valuable contribution in different contexts and geographical spaces. Details: Buenos Aires: International Organized for Migration; Buenos Aires Ciudad, 2015. 135p. Source: Internet Resource: Accessed January 8, 2016 at: http://argentina.iom.int/co/sites/default/files/publicaciones/Manual_OIM-ENG-web-23-11.pdf Year: 2015 Country: Argentina URL: http://argentina.iom.int/co/sites/default/files/publicaciones/Manual_OIM-ENG-web-23-11.pdf Shelf Number: 137439 Keywords: Gender-Related ViolenceImmigrantsMigrantsViolence Against Women |
Author: Hassan, Riaz Title: Islamophobia, social distance and fear of terrorism in Australia: A preliminary report Summary: Immigration and the accompanying ethnic, religious and cultural heterogeneity are the building blocks of modern Australian society. Australia's democratic political system has provided the vital and enduring framework for its development as a prosperous, politically inclusive and socially cohesive society which leads the world on many aspects of social development. An important feature of Australia's political culture is its reliance on objective and reliable information about its social structures in order to frame and develop appropriate public policies for the economic and social advancement of its people. In this regard public institutions such as the Australian Bureau of Statistics, Australian universities and the media play a vital and critical role. Australia's democratic system is committed to freedom of membership of religious, ethnic and cultural groups. For many groups, ethnic, cultural and religious group memberships have also been central to the experience of disadvantage in Australia as demonstrated in the case of Indigenous Australians. This report deals with the experience of Australian Muslims. The contact between Muslim fishermen from Indonesia's Sulawesi region and Indigenous Australians dates back to the early eighteenth century but the arrival of Muslims in large numbers is a recent phenomenon. In the past two decades the Muslim population has increased significantly due to immigration and natural increase. According to the 2011 Australian Census there were 476,290 Muslims in Australia of whom about 40 per cent were born in Australia and the rest came from 183 countries, making them one of most ethnically and nationally heterogeneous religious communities. With 2.2 per cent of the Australian population, Islam is now the third largest religion in Australia. According to recent Pew Research Centre demographic projections, by 2050 the number of Australian Muslims will increase to 1.4 million or 5 per cent of the population, making Islam the second largest religion. A number of studies have noted that migrant status and membership of minority religious and cultural groups is central to understanding the experiences of disadvantage in Australia. Muslims are a particularly striking example of how a growing cultural subpopulation experience disadvantage. As noted in a previous report of the International Centre for Muslim and non-Muslim Understanding (2015),Australian Muslims are educationally high achievers, but underemployed and underpaid (Australian Muslims: A Demographic, Social and Economic Profile of Muslims in Australia 2015). This is a preliminary report on the findings of a survey of the perceptions of key religious and cultural groups, with a special focus on Muslims, by a representative sample of 1000 Australian adults. It focuses on their perceptions of Muslims and other religious and ethnic groups with special reference to Islamophobia, social distance and terrorism and how these vary by key demographics, respondent's direct experience with the other groups and other variables. A more detailed report of the findings will follow. This report offers a new metric of social distance that can be applied to key religious and ethnic groups. In relation to Australian Muslims it explores the pattern of Islamophobia and worries about terrorism. This study offers a methodological framework for future larger studies of religious and ethnic relations in Australia and their impact in terms of social and economic disadvantage for subpopulations. Details: Adelaide: International Centre for Muslim and non-Muslim Understanding, University of South Australia, 2015. Source: Internet Resource: Accessed January 27, 2016 at: http://www.unisa.edu.au/Global/EASS/MnM/Publications/Islamophobia_report.pdf Year: 2015 Country: Australia URL: http://www.unisa.edu.au/Global/EASS/MnM/Publications/Islamophobia_report.pdf Shelf Number: 137664 Keywords: Ethnic GroupsFear of CrimeImmigrantsIslamophobiaMuslimsReligionTerrorism |
Author: Mai, Nick Title: The Psycho-Social Trajectories of Albanian and Romanian 'Traffickers' Summary: This report will summarise the results of a recent (2008) pilot research undertaken in Italy and Albania on the psycho-social profile of men involved in international sex work as agents. By drawing on original research material - 34 in depth interviews with international sex work agents from Albania and Romania - the report will analyse the socio-cultural underpinnings of their life trajectories and migratory projects, with particular reference to the way these impacted on their specific involvements in the international sex industry. The findings of the research problematise the Manichaean way in which the trafficking paradigm explains migrants' involvement in the international industry according to a polarised scenario of victims (women) and exploiters (men). They also point to the necessity for future research and social interventions to explore the socio-economic, cultural and affective underpinnings of people's modes of involvement in the international sex industry, including when a woman is managed by a man. The research evidence highlights the existence of a separation between trafficking and the involvement of migrant workers in the international sex industry. The variety of life trajectories and experiences gathered show clearly how extreme forms of exploitation and abuse are a specific and increasingly marginal outcome of the nexus between migration and the international sex industry, rather than the reality for the majority of migrants. The research findings show that there is a high degree of fluidity and ambivalence within the relations between the men and women involved. They underline individual and socio-economic aspects of vulnerability and resilience which could inform the basis for more efficient initiatives of social intervention. By engaging with the life histories of migrant men working as agents in the international sex industry, the research embeds them within wider socio-economic and cultural transformations. Selling sex abroad became relatively 'normalised' in specific sociocultural and economic settings 'at home' and emerged as a way to both challenge and reproduce existing gender and class based limitations to social mobility. The findings of the research highlight the need to engage with the individual mix of vulnerability and resilience of each migrant involved in international sex work. They also question the usefulness of profiling when understanding the diverse life experiences of people working in the international sex industry, whose life choices reflect ambivalences and contradictions which are shared with the societies of origin and of destination brought together by their migratory journeys. Details: London: Institute for the Study of European Transformation - ISET, London Metropolitan University, 2010. 56p. Source: Internet Resource; ISET Working Paper 17: Accessed January 27, 2016 at: https://metranet.londonmet.ac.uk/fms/MRSite/Research/iset/Working%20Paper%20Series/WP17%20N%20Mai.pdf Year: 2010 Country: Albania URL: https://metranet.londonmet.ac.uk/fms/MRSite/Research/iset/Working%20Paper%20Series/WP17%20N%20Mai.pdf Shelf Number: 137689 Keywords: Human TraffickingImmigrantsMale Sex WorkMigrationProstitutionSex TraffickingSex Workers |
Author: Southern Poverty Law Center Title: Families in Fear: The Atlanta Immigration Raids Summary: This report features stories from women swept up in the Immigration and Customs Enforcement raids that began on Jan. 2, 2016. The report by the Southern Poverty Law Center and the Georgia Latino Alliance for Human Rights found that the federal government has engaged in a needlessly aggressive - and potentially unconstitutional - act against immigrants with these home raids that targeted women and children from Central America. Details: Montgomery, AL: SPLC, 2016. 28p. Source: Internet Resource: Accessed February 8, 2016 at: https://www.splcenter.org/sites/default/files/splc_families_in_fear_ice_raids_3.pdf Year: 2016 Country: United States URL: https://www.splcenter.org/sites/default/files/splc_families_in_fear_ice_raids_3.pdf Shelf Number: 137803 Keywords: Customs EnforcementImmigrantsImmigration EnforcementUndocumented Immigrants |
Author: Montague, Richard Title: Challenging Racism: Ending Hate Summary: Migrants are often on the receiving end of negative stereotyping and scaremongering. For example, in late 2013 sections of the British media presented stories that the UK was about to be 'flooded' by a mass influx of Romanians and Bulgarians. The Sun newspaper hysterically claimed: 'a tidal wave of Romanian and Bulgarian immigrants is threatening to swamp Britain - and flood our overstretched jobs market'. Such reporting came in the advent of work restrictions being removed and allowing citizens from the A2 countries (Bulgaria and Romania) access to the EU labour market by January 2014. The arrival of newcomers did not unravel as was suggested and there has been no noticeable negative impact on jobs or public services in the UK. In fact, recent European immigrants in the UK have paid $8.8 billion more in tax than they have consumed in public services. In Northern Ireland, migration also contributes to sustaining economic growth, filling labour shortages, bringing much needed skills and enriching our society through cultural diversity. Some perceptions echo slogans such as 'British jobs for British workers'. Demanding the ring-fencing of jobs specifically for UK citizens would not only be an unlawful discriminatory exercise, it would also be counter-productive in terms of trade and investment from international businesses. It is not only political parties, politicians and the media which have reflected negative images of migrants. A 2010 study on public attitudes towards migrant workers in Northern Ireland highlighted: - 70% of respondents felt that migrants put a strain on services (e.g. social housing, education, and healthcare); - Almost half (48%) of those surveyed felt that migrant workers take jobs away from people born in Northern Ireland. Moreover, a 2014 Queen's University study of community workers who were challenging myths that aided hate crime in Belfast felt that community concerns were generally articulated around jobs and housing. In this way, racist hate crimes are often a crude way of 'defending' resources coupled with notions of protecting community identity from the 'outsider'. These opinions have underpinned certain racist attacks in Northern Ireland. Between 2013 and 2014 there has been a 43% increase in racially-motivated offences, with 70% of these occurring in Belfast.8 During the present reporting period, the PSNI has noted that racially motivated crimes in Northern Ireland have risen by more than 50%. In the context of a perceived competition for scarce resources like jobs and housing, this may provide fertile ground for racism. Therefore, the media, political parties, politicians and even our neighbours or work colleagues can fuel negative and incorrect perceptions about migrants. When these ideas take root, they can create an atmosphere of ethnic intolerance, resentment and hostility, often resulting in hate crimes. We need to challenge prejudices and continue to debunk myths about migrants. It is no coincidence that racist hate crimes tend to occur in areas of multiple deprivation where foreign nationals are blamed for economic and social ills. These are communities in Northern Ireland which have not felt the economic benefits of the 'peace process.' But while socio-economic disadvantage is not a 'myth', perceptions about threats to resources like jobs and housing are forms of myth-making when we look at the facts. It must not be forgotten that such racist attitudes are not unique to communities of need. Details: Belfast?: Unite Against Hate, 28p. Source: Internet Resource: Accessed February 10, 2016 at: https://www.qub.ac.uk/research-centres/isctsj/filestore/Filetoupload,472425,en.pdf Year: 2014 Country: United Kingdom URL: https://www.qub.ac.uk/research-centres/isctsj/filestore/Filetoupload,472425,en.pdf Shelf Number: 137836 Keywords: Hate CrimesImmigrantsMigrantsRacism |
Author: Hagen-Zanker, Jessica Title: Journeys to Europe: The role of policy in migrant decision-making Summary: With more than a million migrants reaching Europe, 2015 has become known as the year of Europe's migration crisis. The persistence and intensification of crises in other parts of the world fuelled the largest movement of migrants and refugees into Europe since World War II. With some exceptions, the European response has been guided by strategies of containment, restriction and deterrence. Rather than welcoming, settling and integrating the new arrivals, many EU member states have tried to drive them away from their borders through an escalation of restrictive migration policies designed to stop people coming in the first place. This report and policy briefing aims to increase understanding of the journeys made by migrants. Based on in-depth interviews with more than 50 migrants, refugees and asylum seekers who have recently arrived in four European cities (Berlin, London, Madrid and Manchester), it explores: the journeys migrants take; the factors that drive them; and the capacity of destination country migration policies to influence people's decisions, both before their journey begins and along the way. Based on these findings, the authors make policy recommendations that could lead to the better management of, and a more effective and positive response to, the current migration crisis in Europe. Details: London: Overseas Development Institute, 2016. 50p. Source: Internet Resource: ODI Insights: Accessed February 11, 2016 at: http://www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/10297.pdf Year: 2016 Country: Europe URL: http://www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/10297.pdf Shelf Number: 137845 Keywords: ImmigrantsImmigration EnforcementMigrantsRefugees |
Author: Capps, Randy Title: Deferred Action for Unauthorized Immigrant Parents: Analysis of DAPA's Potential Effects on Families and Children Summary: In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which would protect from deportation and provide eligibility for work authorization to as many as 3.6 million unauthorized immigrants, according to MPI estimates. Unauthorized immigrants who are parents of U.S. citizens or lawful permanent residents (LPRs) would qualify for deferred action for three years if they meet certain other requirements. The Supreme Court in April 2016 is expected to hear arguments in the administration's appeal of a lower court order blocking implementation of DAPA and a related expansion of the existing Deferred Action for Childhood Arrivals (DACA) program. The justices' decision in the case, which began when Texas and 25 other states challenged the president's authority to create the DAPA program and expand DACA, is expected in June 2016. If the high court permits DAPA to go forward, the program has the potential to improve the incomes and living standards for many unauthorized immigrant families through protection from deportation and eligibility for work authorization. This MPI-Urban Institute report describes the population of 3.6 million unauthorized immigrant parents potentially eligible for DAPA and the likely impacts of the program on potential recipients and their children. The report finds that more than 10 million people live in households with at least one potentially DAPA-eligible adult, including some 4.3 million children under age 18 - an estimated 85 percent of whom are U.S. citizens. Details: Washington, DC: Urban Institute and Migration Policy Institute, 2016. Source: Internet Resource: Accessed March 2, 2016 at: http://www.migrationpolicy.org/research/deferred-action-unauthorized-immigrant-parents-analysis-dapas-potential-effects-families Year: 2016 Country: United States URL: http://www.migrationpolicy.org/research/deferred-action-unauthorized-immigrant-parents-analysis-dapas-potential-effects-families Shelf Number: 138013 Keywords: Children of ImmigrantsIllegal ImmigrationsImmigrantsImmigration Enforcement |
Author: Great Britain. HM Chief Inspector of Prisons Title: Report on an unannounced inspection of Heathrow Immigration Removal Centre - Harmondsworth site Summary: Harmondsworth immigration removal centre (IRC) is Europe's largest immigration detention facility, holding up to 661 male detainees. It is located a few hundred metres from Heathrow Airport and is run for the Home Office by Care and Custody, a division of the Mitie Group. Since the start of a new contract in September 2014, both Harmondsworth and the adjacent Colnbrook IRC have been under the same management. The centres are now known collectively as Heathrow IRC but are not yet integrated to the extent that they can be inspected as a single entity. Harmondsworth was last inspected in August 2013, when it was run by the GEO Group. At that time, we were concerned to find that uncertainty about the future of the contract had undermined progress and created an atmosphere of drift which was having a tangible negative impact on the treatment of and conditions for detainees. Many of the concerns that we identified in 2013 have not been rectified and in some respects matters have deteriorated. The lack of investment in the last stages of the previous contract was evidenced in particular by the appalling state of some of the residential units. While the decline had been arrested by the time of this inspection, the centre had not yet recovered and we identified substantial concerns in a number of areas. The vulnerability of the detainee population appeared to have increased since the last inspection. In our survey, 80% of men said that they had had problems on arrival and nearly half said they had felt depressed or suicidal. However, despite an improved reception environment, early days risk assessment processes were not good enough and the complex mix of detainees on the first night unit made it impossible for staff to provide a calm and supportive environment for people undergoing one of the most stressful periods of their lives. More detainees than at the last inspection also reported feeling unsafe or victimised, but safer custody structures to help managers to interrogate and address such concerns were underdeveloped. While use of force was not high and subject to good governance, some detainees were segregated for too long, and we were not assured that this serious measure was always justified or properly authorised. Many men were held for short periods but well over half were detained in the centre for over a month and some for very long periods. Eighteen detainees had been held for over a year and one man had been detained on separate occasions adding up to a total of five years. The quality of Rule 35 reports was variable but nearly a fifth of these reports had identified illnesses, suicidal intentions and/or experiences of torture that contributed to the Home Office concluding that detention could not be justified. This unusually large number reflects the vulnerabilities identified in our survey. The centre has a mix of older and newer, prison-like accommodation. Some of the newer accommodation was dirty and run down but the condition of some parts of the older units was among the worst in the detention estate; many toilets and showers were in a seriously insanitary condition and many rooms were overcrowded and poorly ventilated. An extensive programme of refurbishment was underway, the impact of which we will report on in future inspections. The centre should never have been allowed to reach this state. We saw little positive engagement between staff and detainees, and staff had too little understanding of the backgrounds and needs of the people in their care. There has been little discernible change in this finding over the course of the previous three inspections, suggesting a need to address the issue through concerted long-term work. Equality and diversity work was improving but outcomes were still poor overall. Detainees had very little faith in the complaints procedure. Health care was recovering from a low base but substantial concerns remained - for example, over medicines management. The chaplaincy provided valued support for detainees and the cultural kitchen was a positive development. Given the importance of constructive activity to detainees' mental health and well-being, it was surprising that activity places were underused. Despite some improvements in access to activities, movements were still too restricted which affected detainees' ability to reach the available resources. There was less work available and poor use was made of some recreational facilities. Only a third of detainees said they could fill their time at the centre. By contrast, the centre had substantially improved preparation for release and removal, and had engaged particularly well with some third-sector agencies. Welfare work had improved and Hibiscus Initiatives offered practical assistance in preparing detainees for discharge. Visits provision was generally good and many detainees received support from the local visitors group, Detention Action. Overall, while this report describes some good work, it highlights substantial concerns in most of our tests of a healthy custodial establishment. While the state of drift that we described in our last report has been arrested and the direction of travel is now positive, it is unacceptable that conditions were allowed to decline so much towards the end of the last contract. The Home Office and its contractors have a responsibility to ensure that this is not allowed to happen again. Following the inspection, we were informed by the Home office that lessons had been learned and that a new set of principles were established to prevent a recurrence of this situation. We will assess the success of these measurements in due course. Details: London: HM Chief Inspector of Prisons, 2016. 98p. Source: Internet Resource: Accessed March 4, 2016 at: https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2016/02/Harmondsworth-web-2015.pdf Year: 2016 Country: United Kingdom URL: https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2016/02/Harmondsworth-web-2015.pdf Shelf Number: 138041 Keywords: Detention CentersIllegal ImmigrantsImmigrant DetentionImmigrants |
Author: Hiskey, Jonathan Title: Understanding the Central American Refugee Crisis: Why They are Fleeing and How U.S. Policies are Failing to Deter Them Summary: In the spring and summer of 2014, tens of thousands of women and unaccompanied children from Central America journeyed to the United States seeking asylum. The increase of asylum-seekers, primarily from Honduras, El Salvador, and Guatemala - the countries making up the "Northern Triangle" region - was characterized by President Obama as a "humanitarian crisis." The situation garnered widespread congressional and media attention, much of it speculating about the cause of the increase and suggesting U.S. responses. The increase of Central Americans presenting themselves at the United States' southwest border seeking asylum, President Obama and the Department of Homeland Security (DHS), specifically, implemented an "aggressive deterrence strategy." A media campaign was launched in Central America highlighting the risks involved with migration and the consequences of illegal immigration. DHS also dramatically increased the detention of women and children awaiting their asylum hearings, rather than release on bond. Finally, the U.S. government publicly supported increased immigration enforcement measures central to the Mexican government's Southern Border Program that was launched in July of 2014. Together, these policies functioned to "send a message" to Central Americans that the trip to the United States was not worth the risk, and they would be better off staying put. Yet the underlying assumption that greater knowledge of migration dangers would effectively deter Central Americans from trying to cross the U.S. border remains largely untested. This report aims to investigate this assumption and answer two related questions: "What motivates Central Americans to consider migration?" and "What did Central Americans know about the risks involved in migrating to the United States in August 2014?" An analysis of data from a survey of Northern Triangle residents conducted in the spring of 2014 by Vanderbilt University's Latin American Public Opinion Project (LAPOP) reveals that respondents were more likely to have intentions to migrate if they had been victims of one or more crimes in the previous year. In a separate LAPOP survey of residents of selected municipalities across Honduras, carried out in late July and early August of 2014, we find that a substantial majority of respondents were also well aware of the dangers involved in migration to the United States, including the increased chances of deportation. This widespread awareness among Hondurans of the U.S. immigration climate in the summer of 2014, however, did not have any significant effect on whether or not they intended to migrate. In sum, though the U.S. media campaigns may have convinced - or reminded - Hondurans, and perhaps their Salvadoran and Guatemalan counterparts, that migration to the United States is dangerous and unlikely to be successful, this knowledge did not seem to play a role in the decision calculus of those considering migration. Rather, we have strong evidence from the surveys in Honduras and El Salvador in particular that one's direct experience with crime emerges as a critical predictor of one's emigration intentions. What these findings suggest is that crime victims are unlikely to be deterred by the Administration's efforts. Further, we may infer from this analysis of migration intentions that those individuals who do decide to migrate and successfully arrive at the U.S. border are far more likely to fit the profile of refugees than that of economic migrants. Upon arrival, however, they are still subject to the "send a message" policies and practices that are designed to deter others rather than identify and ensure the protection of those fleeing war-like levels of violence. Details: Washington, DC: American Immigration Council, 2016. 16p. Source: Internet Resource: Accessed March 9, 2016 at: http://www.immigrationpolicy.org/sites/default/files/docs/understanding_the_central_american_refugee_crisis.pdf Year: 2016 Country: Central America URL: http://www.immigrationpolicy.org/sites/default/files/docs/understanding_the_central_american_refugee_crisis.pdf Shelf Number: 138142 Keywords: Border SecurityImmigrantsImmigrationImmigration EnforcementImmigration PolicyRefugees |
Author: Kandel, William A. Title: U.S. Immigration Policy: Chart Book of Key Trends Summary: This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country. The report offers snapshots of time series data, using the most complete and consistent time series currently available for each statistic. The key findings and elements germane to the data depicted are summarized with the figures. The summary offers the highlights of key immigration trends. The United States has a history of receiving immigrants, and these foreign-born residents of the United States have come from all over the world. - Immigration to the United States today has reached annual levels comparable to the early years of the 20th century. - Immigration over the last few decades of the 20th century was not as dominated by three or four countries as it was earlier in the century, and this pattern has continued into the 21st century. - The absolute number of foreign-born residents in the United States is at its highest level in U.S. history, reaching 42.4 million in 2014. - Foreign-born residents of the United States made up 13.3% of the U.S. population in 2014, approaching levels not seen since the proportion of foreign-born residents reached 14.8% in 1910. Legal immigration encompasses permanent immigrant admissions (e.g., employment-based or family-based immigrants) and temporary nonimmigrant admissions (e.g., guest workers, foreign students). The Immigration and Nationality Act (INA) contains the provisions detailing the requirements for admission (permanent and temporary) of foreign nationals and the eligibility rules for foreign nationals to become U.S. citizens. - In FY2013, about 991,000 aliens became U.S. legal permanent residents (LPRs). Of this total, 65% entered on the basis of family ties. - The pool of people potentially eligible to immigrate to the United States as LPRs each year typically exceeds the worldwide level set by the INA. - Most of the 4.6 million approved petitions pending at the close of FY2015 were for family members of U.S. citizens. - After falling from 7.6 million in FY2001 to 5.0 million in FY2004, temporary visa issuances reached 9.9 million in FY2014. - Generally, all of the temporary employment-based visa categories have increased since FY1994. Although there was a dip during the recent recession, the number of employment-based temporary visas increased each year between FY2010 and FY2014. Immigration control encompasses an array of enforcement tools, policies, and practices to secure the border and to prevent and investigate violations of immigration laws. The INA specifies the grounds for exclusion and removal of foreign nationals as well as the documentary and entry-exit controls for U.S. citizens and foreign nationals. Details: Washington, DC: Congressional Research Service, 2016. 32p. Source: Internet Resource: CSR R42988: Accessed March 21, 2016 at: https://www.fas.org/sgp/crs/homesec/R42988.pdf Year: 2016 Country: United States URL: https://www.fas.org/sgp/crs/homesec/R42988.pdf Shelf Number: 138351 Keywords: Border SecurityImmigrantsImmigrationImmigration Enforcement |
Author: Great Britain. House of Commons. Home Affairs Committee Title: The work of Immigration Directorates (Q3 2015) Summary: In the past, the Home Affairs Committee has assessed the Home Office's performance on a quarterly basis against a number of indicators covering aspects of its work. This report covers Q3 2015 - the three months from July to September 2015 - and the data was published on 26 November 2015. The report is divided into two sections, reflecting how the work is divided in the Home Office. Part one covers the work of UK Visas and Immigration (UKVI): Visa application; Sponsors and licensing; New asylum cases; Syrian resettlement; Asylum and immigration caseload; Spouse visas; Appeals and tribunals performance; MPs correspondence; Staff numbers. Part two covers the work of Immigration Enforcement: The Migration Refusal Pool; Sponsors and suspension; Immigration detention; Foreign National Offenders. Details: London: Stationery Office Limited, 2016. 82p. Source: Internet Resource: HC 772: Sixth Report of Session 2015-16: Accessed March 24, 2016 at: http://www.publications.parliament.uk/pa/cm201516/cmselect/cmhaff/772/772.pdf Year: 2016 Country: United Kingdom URL: http://www.publications.parliament.uk/pa/cm201516/cmselect/cmhaff/772/772.pdf Shelf Number: 138398 Keywords: Asylum SeekersImmigrant detentionImmigrantsImmigration EnforcementImmigration Policy |
Author: Advancement Project Title: Manufacturing Felonies: How Driving Became a Felony for People of Color in Georgia Summary: While immigration reform has languished in Congress, some states have adopted harsh, undemocratic, and discriminatory laws and policies that seemed designed to criminalize immigrants or push them out of the United States. This happened in Georgia. In 2007, state legislators began to debate various ways to restrict immigration and passed a bill creating a felony category for driving without a driver's license or on a suspended or revoked license. In order to better understand how the "felony driving law" has impacted communities in Georgia, the Georgia Latino Alliance for Human Rights (GLAHR) and Advancement Project submitted open records requests in three jurisdictions, Fayette County, Houston County and Roswell City. We found that the "felony driving law" in Georgia disproportionately impacts communities of color, particularly Latino and African-American drivers. It also carries heavy monetary penalties driving low-income families further into poverty. At a time when the nation is beginning a long overdue conversation on criminal justice reform, the "felony driving law" is a prime example of a state law that must be revisited and eliminated. An additional concern regarding the "felony driving law" is that it may end up serving as a dragnet by Immigration Customs Enforcement (ICE) to meet its quotas of undocumented immigrants in process of deportation. Local jails and police agencies cooperate with ICE to the detriment of the undocumented immigrant community. Georgia can and should regulate driving privileges for all of its residents, but creating a harsh criminal penalty is a bad public policy that disproportionately hurts communities of color across the state. Details: Washington, DC: Advancement Project, 2016. 16p. Source: Internet Resource: Accessed March 26, 2016 at: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Year: 2016 Country: United States URL: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Shelf Number: 138419 Keywords: DiscriminationHuman Rights AbusesImmigrantsImmigration Enforcement |
Author: United Nations High Commissioner for Human Rights Title: Women on the Run: First-Hand Accounts of Refugees Fleeing El Salvador, Guatemala, Honduras, and Mexico Summary: The United Nations High Commissioner for Refugees (UNHCR) is entrusted by the United Nations (UN) General Assembly with responsibility for providing international protection to refugees and others of concern and, together with governments, for seeking permanent solutions to their problems. UNHCR would not be able to carry out its essential duties without the support, cooperation, and participation of States around the world. UNHCR provides international protection and direct assistance to refugees in some 125 countries throughout the world. It has over 60 years of experience supervising the international treaty-based system of refugee protection and has twice received the Nobel Peace Prize for its work on behalf of refugees. UNHCR works closely with governments and others to ensure that the 1951 Convention relating to the Status of Refugees and its 1967 Protocol are honored, and that national and regional migration policies are sensitive to the protection needs of all individuals. International refugee protection centers on providing refugees the protection of asylum, ensuring their human rights are respected, and safeguarding the principle of non-refoulement: the prohibition against returning individuals to a place where they would face danger. The protection of women is a core priority of UNHCR at the global, regional, and national levels. Gender inequality systematically prevents women and girls from claiming and enjoying their rights, and is exacerbated by displacement. UNHCR is committed to promoting gender equality and ensuring equal access to protection and assistance so women can fully participate in all decisions affecting their lives. In 2014, for instance, the percentage of females playing active roles in leadership and management structures in refugee communities increased from 42 to 46 per cent;136 UNHCR's sexual and gender-based violence (SGBV) reporting and awareness raising led to a doubling of reported incidents in 44 key countries; and women identified access to livelihood options as key to creating self-reliance and sustainable solutions to displacement. UNHCR's Executive Committee has adopted four general conclusions relating specifically to refugee women. These conclusions note the need for UNHCR and host governments to give particular attention to the international protection needs of refugee women; the need for reliable information and statistics about refugee women in order to increase public awareness of their situation; the need for an active senior-level steering committee on refugee women; and the need for the development of training modules on the subject for field officers. The UNHCR Regional Office in Washington, DC covering the United States of America and the Caribbean gives priority to enhancing protection for women arriving in and within the United States, including for women in detention. After coming into contact with increasing numbers of women and families fleeing El Salvador, Guatemala, Honduras, and Mexico, UNHCR undertook this study to understand the challenges they face. The overarching goal for the study was to hear from the women themselves the reasons they fled their countries of origin and the challenges they encountered while seeking protection. The women's voices provide the foundation for the ultimate aim of the study: to document profiles of women from El Salvador, Guatemala, Honduras, and Mexico with a need for international protection, and provide policy makers and adjudicators with necessary information to bolster regional asylum for women. Details: Washington, DC: UNHCR, 2015. 60p. Source: Internet Resource: Accessed April 4, 2016 at: http://www.unhcr.org/5630f24c6.html Year: 2015 Country: Central America URL: http://www.unhcr.org/5630f24c6.html Shelf Number: 138557 Keywords: Asylum SeekersGender-Based ViolenceImmigrantsRefugeesSexual ViolenceViolence Against Women, Girls |
Author: Bohn, Sarah Title: U.S. Border Enforcement and Mexican Immigrant Location Choice Summary: We provide the first evidence on the causal effect of border enforcement on the full spatial distribution of Mexican immigrants to the United States. We address the endogeneity of border enforcement with an instrumental variables strategy based on administrative delays in budgetary allocations for border security. We find that 1,000 additional border patrol officers assigned to prevent unauthorized migrants from entering a state decreases that state's share of Mexican immigrants by 21.9%. Our estimates imply that border enforcement alone accounted for declines in the share of Mexican immigrants locating in California and Texas of 11 and 6 percentage points, respectively, over the period 1994-2011, with all other states experiencing gains or no change. Details: Bonn, Germany: Institute for the Study of Labor (IZA), 2013. 42p. Source: Internet Resource: IZA Discussion Paper No. 7842: Accessed April 6, 2016 at: http://ftp.iza.org/dp7842.pdf Year: 2013 Country: United States URL: http://ftp.iza.org/dp7842.pdf Shelf Number: 138573 Keywords: Border SecurityImmigrantsImmigration EnforcementUnauthorized Immigration |
Author: Papademetriou, Demetrios G. Title: Managing Religious Difference in North America and Europe in an Era of Mass Migration Summary: The global refugee crisis has reignited long-standing debates about how to successfully integrate religious minorities into liberal democratic societies. There are fundamental differences between Europe and North America in how religious difference is managed. In Western Europe, cultural fears continue to dominate, with many seeing Islam as a direct threat to the norms and values that bind their societies together. In contrast, security fears, particularly surrounding terrorism, are predominant in the United States. This Transatlantic Council on Migration policy brief focuses on the different policy frameworks and practices governing Muslim integration in North America and Europe, to offer a window into how receiving governments and societies manage fundamental change in an era of large-scale, and at times massive, immigration. As Muslim minorities continue to grow in size and influence - particularly in light of unprecedented flows to Europe - governments face the critical challenge of creating a narrative about immigration that embraces religious difference and builds rather than detracts from community cohesion. The brief concludes with recommendations on ways governments can manage immigration more effectively, turning the influx of culturally different newcomers from a challenge into an opportunity. Details: Washington DC: Migration Policy Institute, Transatlantic Council on Migration, 2016. 23p. Source: Internet Resource: Accessed May 3, 2016 at: http://www.migrationpolicy.org/research/managing-religious-difference-north-america-and-europe-era-mass-migration Year: 2016 Country: United States URL: http://www.migrationpolicy.org/research/managing-religious-difference-north-america-and-europe-era-mass-migration Shelf Number: 138904 Keywords: ImmigrantsImmigrationMuslimsReligion |
Author: Katwala, Sunder Title: Engaging the Anxious Middle on Immigration Reform: Evidence from the UK Debate Summary: The United Kingdom is often presented as having particularly hostile attitudes toward immigration compared to other countries. Momentum generated by those who are firmly opposed to current immigration levels was a major factor behind the call for a June 2016 referendum on UK membership in the European Union, and has also played a role in tough migration policies put forward by the coalition and Conservative governments. Certainly, immigration is an increasingly salient issue in UK politics and surveys indicate that public trust in the government's ability to manage inflows has fallen to abject levels. Immigration emerged as a key political issue in the late 1990s, and from 2013 onwards politics "caught up" with public views, as parties such as the UK Independence Party (UKIP) rose to prominence campaigning on a populist, anti-immigration platform. However, the authors of this report make the case that polls reveal far more nuanced public attitudes towards immigration and immigrants than commonly depicted in the media and political discourse. Though there are substantial minorities of strong opinion for and against immigration, most people fall into the "anxious middle." They are skeptical about the government's handling of immigration and worried about the effects of immigration on society and the economy, but are not hostile toward immigrants themselves, especially skilled ones who can contribute to the economy. This Transatlantic Council on Migration report analyzes polling data in an attempt to paint a more accurate picture of public opinion on immigration - focusing on the concerns of the anxious middle. It examines several drivers of public opinion in the United Kingdom, including media coverage of immigration, before considering how recent migration policy changes can be linked to public opinion - or, crucially, what policymakers perceive to be the public will. Details: Washington, DC: Migration Policy Institute, 2016. 28p. Source: Internet Resource: Accessed May 11, 2016 at: http://www.migrationpolicy.org/research/engaging-anxious-middle-immigration-reform-evidence-uk-debate Year: 2016 Country: United Kingdom URL: http://www.migrationpolicy.org/research/engaging-anxious-middle-immigration-reform-evidence-uk-debate Shelf Number: 139001 Keywords: Asylum SeekersBorder SecurityImmigrantsImmigration EnforcementImmigration PolicyMigrationRefugees |
Author: Neville, Darren Title: On the frontline: the hotspot approach to managing migration Summary: This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, places the new "hotspot approach" to managing migration within its policy framework. It examines the way in which EU agencies provide support to frontline Member States, with particular focus on Greece, and assesses the chief challenges identified to date in both the policy design and operational implementation of hotspots. Details: Brussels: Policy Department of Citizen's Rights and Constitutional Affairs, European Parliament, 2016. 58p. Source: Internet Resource: Accessed May 16, 2016 at: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/556942/IPOL_STU(2016)556942_EN.pdf Year: 2016 Country: Europe URL: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/556942/IPOL_STU(2016)556942_EN.pdf Shelf Number: 139049 Keywords: ImmigrantsImmigrationImmigration EnforcementImmigration PolicyUndocumented Immigrants |
Author: Murdolo, Adele Title: Key Issues in Working with Men from Immigrant and Refugee Communites in Preventing Violence Against Women Summary: This report ...explores the key issues in working with men from immigrant and refugee communities in Australia to prevent violence against women. It applies a feminist intersectional approach to the question of men's engagement and examines a range of issues that need to be considered in the development of primary prevention engagement strategies for immigrant and refugee men. The report is divided into four sections. Section 1 outlines the context for engaging immigrant and refugee men in violence prevention and describes the need to apply a feminist intersectional approach. Section 2 discusses the ways in which immigrant and refugee men negotiate their conception of their masculinities during migration and settlement. Migration, employment-related difficulties and discrimination impact on immigrant and refugee men's sense of gendered identity. The diversity of immigrant and refugee men's responses to migration-related challenges should be accounted for in violence prevention programs. Violence against women is endemic across Australian communities and cultures. While marginalised women experience a heightened vulnerability to gendered violence, there is insufficient evidence that any one culture or community, migrant or otherwise, is more or less violent than any other. However, in media and popular culture, immigrant and refugee men and cultures are represented as being more 'traditional', oppressive to women and as having greater tendency to commit violence against women. Conversely, immigrant and refugee women are portrayed as more oppressed, passive and lacking in agency. In this regard, Section 3 examines conceptions of 'culture' as it relates to immigrant and refugee men and highlights the need to adapt a complex understanding of 'culture in order to re-frame our understandings of immigrant and refugee men's capacity to prevent violence. Section 4 outlines key strategies for engaging immigrant and refugee men in prevention. Immigrant and refugee men should be engaged in violence prevention through the leadership of women. Valuing, fostering and harnessing immigrant and refugee women's feminist activism and leadership boosts gender equity within immigrant and refugee communities. In addition, direct participation strategies aimed at men should be framed within a global human rights and social justice perspective, convey positive, concrete and meaningful messages, and be aimed at achieving long-term, gender-transformative gains and solutions. Importantly, developing and implementing strategies to engage immigrant and refugee men should focus on cultural specificity (as opposed to difference), which takes into account different men's relative spheres of influence within and across cultures. Although the report identifies promising and culturally appropriate practices and approaches, it is important to note that there is an extremely limited evidence base to draw from to make accurate assertions about the most effective ways of engaging immigrant and refugee men in violence prevention in Australia. Further research and evaluation, conducted along-side violence prevention efforts, are essential. Details: White Ribbon Australia, 2016. Source: Internet Resource: White Ribbon Research Series: Accessed June 9, 2016 at: http://www.whiteribbon.org.au/uploads/media/100-WR_Research_Paper_V7.pdf Year: 2016 Country: Australia URL: http://www.whiteribbon.org.au/uploads/media/100-WR_Research_Paper_V7.pdf Shelf Number: 139352 Keywords: Abusive MenGender-Related ViolenceImmigrantsMasculinitiesRefugeesViolence Against WomenViolence Prevention |
Author: Akkerman, Mark Title: Border Wars: The Arms Dealers Profiting from Europe's Refugee Tragedy Summary: The refugee crisis facing Europe has caused consternation in the corridors of power, and heated debate on Europe's streets. It has exposed fundamental faultlines in the whole European project, as governments fail to agree on even limited sharing of refugees and instead blame each other. Far-right parties have surged in popularity exploiting austerity-impacted communities in putting the blame for economic recession on a convenient scapegoat as opposed to the powerful banking sector. This has been most potently seen in the UK, where leaders of the 'Leave EU' campaign unscrupulously amplified fears of mass migration to successfully mobilise support for Brexit. Refugees fleeing terrible violence and hardship have been caught in the crossfire; forced to take ever more dangerous routes to get to Europe and facing racist attacks in host nations when they finally arrive. However there is one group of interests that have only benefited from the refugee crisis, and in particular from the European Union's investment in 'securing' its borders. They are the military and security companies that provide the equipment to border guards, the surveillance technology to monitor frontiers, and the IT infrastructure to track population movements. This report turns a spotlight on those border security profiteers, examining who they are and the services they provide, how they both influence and benefit from European policies and what funding they receive from taxpayers. The report shows that far from being passive beneficiaries of EU largesse, these corporations are actively encouraging a growing securitisation of Europe's borders, and willing to provide ever more draconian technologies to do this. Most perverse of all, it shows that some of the beneficiaries of border security contracts are some of the biggest arms sellers to the Middle-East and North-African region, fuelling the conflicts that are the cause of many of the refugees. In other words, the companies creating the crisis are then profiting from it. Moreover they have been abetted by European states who have granted the licences to export arms and have then granted them border security contracts to deal with the consequences. Their actions are also in the framework of an increasingly militarised response to the refugee crisis by the European Union. Under the banner of 'fighting illegal immigration', the European Commission plans to transform its border security agency Frontex into a more powerful European Border and Coast Guard Agency. This would have control over member states border security efforts and a more active role as a border guard itself, including purchasing its own equipment. The agency is backed up by EUROSUR, an EU system connecting member and third states' border security surveillance and monitoring systems. Militarisation of border security is also demonstrated by the military objectives of the 'European Union Naval Force - Mediterranean Operation Sophia' (EUNAVFOR MED) as well as the use of military on many borders, including Hungary, Croatia, Macedonia and Slovenia. NATO naval missions in the Mediterranean are already actively assisting EU border security. Meanwhile, countries outside the EU are being pushed to take up a role as outpost border guards to try to stop refugees from reaching the EU borders. The recent EU migration deals with Turkey, which have been severely criticised by human rights organisations, deny refugees access to Europe and have resulted in more violence against them. The report shows that: The border security market is booming. Estimated at some 15 billion euros in 2015, it is predicted to rise to over 29 billion euros annually in 2022 The arms business, in particular sales to the Middle-East and North-Africa, where most of the refugees are fleeing from, is also booming. Global arms exports to the Middle-East actually increased by 61 per cent between 2006-10 and 2011-15. Between 2005 and 2014, EU member states granted arms exports licences to the Middle East and North Africa worth over 82 billion euros The European policy response to refugees which has focused on targeting traffickers and strengthening its external borders (including in countries outside the European Union) has led to big budget increases which benefits industry Total EU funding for member state border security measures through its main funding programmes is 4.5 billion euros between 2004 and 2020 Frontex, its main border control agency's budget increased 3,688% between 2005 and 2016 (from $6.3m to $238.7m) EU new member states have been required to strengthen borders as a condition of membership, creating additional markets for profit. Equipment purchased or upgraded with External Borders Fund money includes 54 border surveillance systems, 22,347 items of operating equipment for border surveillance and 212,881 items of operating equipment for border checks Some of the arms sales permits to the Middle-East and North Africa are also intended for border control. In 2015, for example the Dutch government granted a 34 million euro export license to Thales Nederland for the delivery of radar and C3-systems to Egypt despite reports of human right violations in the country The European border security industry is dominated by major arms companies, who have all set up or expanded security divisions as well as a number of smaller IT and specialist security firms. Italian arms giant Finmeccanica identified "border control and security systems" as one of the primary drivers for increase in orders and revenues The big players in Europe's border security complex include arms companies Airbus, Finmeccanica, Thales and Safran, as well as technology giant Indra. Finmeccanica and Airbus have been particularly prominent winners of EU contracts aimed at strengthening borders. Airbus is also the number one winner of EU security research funding contracts Finmecannica, Thales and Airbus, prominent players in the EU security business are also three of the top four European arms traders, all active selling to countries in the Middle East and North Africa. Their total revenues in 2015 amounted to 95 billion euros Israeli companies are the only non-European receivers of research funding (thanks to a 1996 agreement between Israel and the EU) and also have played a role in fortifying the borders of Bulgaria and Hungary, and promote their expertise based on the West Bank separation wall and the Gaza border with Egypt. Israeli firm BTec Electronic Security Systems, selected by Frontex to participate in its April 2014 workshop on 'Border Surveillance Sensors and Platforms', boasted in its application mail that its "technologies, solutions and products are installed on [the] Israeli-Palestinian border" The arms and security industry helps shape European border security policy through lobbying, through its regular interactions with EU's border institutions and through its shaping of research policy. The European Organisation for Security (EOS), which includes Thales, Finmecannica and Airbus has been most active in lobbying for increased border security. Many of its proposals, such as its push to set up a cross European border security agency have eventually ended up as policy - see for example the transformation of Frontex into the European Border and Coastguard Agency (EBCG). Moreover Frontex/EBCG's biannual industry days and its participation in special security roundtables and specialist arms and security fairs ensure regular communication and a natural affinity for cooperation. The arms and security industry has successfully captured the 316 million euros funding provided for research in security issues, setting the agenda for research, carrying it out, and then often benefiting from the subsequent contracts that result. Since 2002, the EU has funded 56 projects in the field of border security and border control. Collectively the evidence shows a growing convergence of interests between Europe's political leaders seeking to militarise the borders and its major defence and security contractors who provide the services. But this is not just an issue of conflicts of interest or of profiteering from crisis, it is also about the direction Europe takes at this critical moment. More than a half century ago, then US President Eisenhower warned of the dangers of a military-industrial complex, whose power could "endanger our liberties or democratic processes". Today we have an even more powerful military-security-industrial complex, using technologies that point outwards and inwards, that right now are targeted at some of the most vulnerable desperate people on our planet. Allowing this complex to escape unexamined poses a threat to democracy and to a Europe built on an ideal of cooperation and peace. As Eisenhower put it: "Down the long lane of the history yet to be written... this world of ours, ever growing smaller, must avoid becoming a community of dreadful fear and hate, and be instead, a proud confederation of mutual trust and respect. Details: Amsterdam: Transnational Institute, 2016. 60p. Source: Internet Resource: Accessed July 11, 2016 at: https://www.tni.org/files/publication-downloads/border-wars-report-web.pdf Year: 2016 Country: Europe URL: https://www.tni.org/files/publication-downloads/border-wars-report-web.pdf Shelf Number: 139605 Keywords: Border ControlBorder SecurityImmigrantsImmigrationRefugeesTrafficking in FirearmsTrafficking in Weapons |
Author: Brian, Tara Title: Fatal Journeys. Volume 2: Identification and tracing of dead and missing migrants Summary: IOM reports in the latest edition of its publication Fatal Journeys Volume 2: Identification and Tracing of Dead and Missing Migrants that over 60,000 migrants are estimated to have died or gone missing on sea and land routes worldwide since 1996. According to the report released today (14 June), an estimated 5,400 migrants died or were recorded as missing in 2015. In 2016, already more than 3,400 migrants have lost their lives worldwide, this year over 80 percent of those attempting to reach Europe by sea. The true number of migrant deaths is surely greater, said Frank Laczko, Director of IOM's Global Migration Data Analysis Centre (GMDAC). Laczko explained countless deaths remain unknown as a result of migrants dying at sea or in remote areas where fatalities seldom are witnessed or recorded. "But what happens to those who die? Who are their families and will they ever know what happened?" asked Laczko. "A further tragedy to the loss of life, is the fact that many of the dead remain nameless." IOM's second global report on migrant fatalities addresses these crucial questions. The report asks what measures can and should be taken by authorities to ensure tracing and identification of those who die or go missing. Furthermore, what steps should be taken to assist the forgotten victims of these tragedies - the families left behind. Despite their urgency, these issues have been largely absent from policy discussions. Existing research into missing persons indicates the extreme psychological distress, as well as economic and social hardship a missing person has on families. IOM's report shows that this painful situation is all too common. A majority of migrant bodies are never found, and of those that are, many are never identified. In the Mediterranean Sea in 2015, bodies were recovered for fewer than half of those thought to have died. Families in Myanmar and Bangladesh tell stories of family members who have simply disappeared. Along the United States-Mexico border, the Colibri Center for Human Rights - a non-profit organization based in Arizona - has recorded some 2,700 missing persons. while national and international systems exist to trace missing persons, they have not been adapted to address missing migrants and remain largely inaccessible to migrant families. Often, local and national death registration and identification systems are neither designed nor adequate for the particular challenges arising in the context of international migration. However, it is not only the substantial challenges involved in the task that make identification rates poor. Unlike in other humanitarian or transport disasters, identification of migrants is often given low priority by States involved, and too often migrant and refugee deaths are seen as an exception to normal humanitarian practices. Compiled by IOM's Berlin-based Global Migration Data Analysis Centre and experts from around the world, Fatal Journeys aims to bring attention to this humanitarian imperative. It recommends five points for action, beginning with the recognition that investigation and identification of migrant deaths is an obligation under international law. Fatal Journeys argues for families to have access to accessible search mechanisms and to be granted the right to visit the burial place of their loved ones. All efforts should be made to identify the dead, including through the establishment of international and regional databases. Finally, Fatal Journeys recommends a global programme of research to better understand how to support families and improve identification mechanisms. In addition to issues of identification and tracing, the report presents most recent data on dead and missing migrants around the world, collected through IOM's Missing Migrants Project, which maintains the only existing global database on migrant deaths. Details: Geneva, SWIT: International Organization for Migration, 2016. 108p. Source: Internet Resource: Accessed July 12, 2016 at: https://publications.iom.int/books/fatal-journeys-volume-2-identification-and-tracing-dead-and-missing-migrants Year: 2016 Country: International URL: https://publications.iom.int/books/fatal-journeys-volume-2-identification-and-tracing-dead-and-missing-migrants Shelf Number: 139617 Keywords: ImmigrantsImmigrationMigrant DeathsMissing Persons |
Author: Greene, Judith Title: Indefensible: A Decade of Mass Incarceration of Migrants Prosecuted for Crossing the Border Summary: December 2015 marked the 10th anniversary of the launch of a program to target for criminal prosecution migrants who had crossed the border without authorization. It was named "Operation Streamline." It is known for the mass hearings (often lasting less than two hours) in which up to 80 migrants are arraigned, found guilty, convicted and sentenced for 8 USC 1325 (improper entry, a misdemeanor) simultaneously. The policy has long been decried by immigrant rights advocates. However, the mass hearings of Operation Streamline, as shocking as they are, are only the tip of the iceberg. Lesser known by the general public, media, and even some immigrant rights and criminal justice reform advocates, is the widespread expansion of 8 USC 1326 (re-entry, a felony) prosecutions over the past decade that came with the Streamline program. Though border officials in some sectors say that Operation Streamline has ended, the numbers of migrants prosecuted in federal courts is still massive in sheer numbers. The criminal prosecution of migrants crossing our southern border has had profound impacts on the federal courts and federal prisons over the last decade. In 2015, improper entry and re-entry prosecutions accounted for almost half of all federal prosecutions (49 percent). Improper entry is punishable by up to 180 days in federal jail while improper re-entry is punishable by up to two years. And if the migrant has a serious prior criminal history, many more years may be added to the sentence. Almost a quarter of those in the Federal Bureau of Prisons (BOP) prison population are non-citizens (23 percent). Using the data available, we conservatively estimate the incarceration costs for those convicted of improper entry and re-entry at more than $7 billion since the start of Operation Streamline in 2005. This book provides an oral history of the evolution of Operation Streamline over 10 years and its legacy today. We document the beginnings Operation Streamline and the evolution of targeted migrant prosecutions. We explore how the program took hold across border districts in distinct ways. We examine how an already politicized issue collided with media hype and, "moral panic" over immigration levels. We describe how ambitious and powerful individuals and agencies within the newly formed Department of Homeland Security launched this huge, targeted prosecution program. We interviewed more than three dozen people who work inside the federal criminal justice system, or who have been impacted by it, for this book. We have attempted to amplify their voices by using their own words as often as possible. In looking back at 10 years of mass prosecution of migrants, we have an opportunity to examine how and why the program emerged. We can also examine the harm it has caused against the scant evidence that it has achieved the stated goal of deterring migration at the southern border. There exists in the story of migrant prosecutions an intersection where those working for immigrant rights and for criminal justice reform can join hands to work together. Finally, we can find inspiration in the ample opportunities for resistance and in this book we highlight the efforts of those who are organizing to bring an end to prosecution of migrants at the border. Details: Austin, TX: Grassroots Leadership; New York: Justice Strategies, 2016. 181p. Source: Internet Resource: Accessed July 18, 2016 at: http://grassrootsleadership.org/sites/default/files/reports/indefensible_book_web.pdf Year: 2016 Country: United States URL: http://grassrootsleadership.org/sites/default/files/reports/indefensible_book_web.pdf Shelf Number: 139655 Keywords: Border SecurityImmigrant DetentionImmigrantsOperation StreamlineUndocumented Migrants |
Author: Finch, Jessie K. Title: Legal Borders, Racial/Ethnic Boundaries: Operation Streamline and Identity Processes on the US-Mexico Border Summary: How do individuals navigate situations in which their work-role identity is put in competition with social identities of race/ethnicity, nationality, or citizenship/generational status? This research uses a controversial criminal court procedure (Operation Streamline) as an optimal setting to understand the strategies employed by lawyers and judges who manage such delicate identity processes. I examine how legal professionals assign salience to their various identities while developing a perspective of competing identity management that builds on and further integrates prior sociological research on identity. In particular, Latino/a judges and lawyers who participate in Operation Streamline (OSL) take on a specific work-related role identity that entails assisting in the conviction and sentencing of border-crossers with whom they share one social identity - race/ethnicity - but do not share another social identity - citizenship. I systematically assess identity management strategies used by lawyers and judges to manage these multiple competing identities while seeking to comprehend under what circumstances these identities affect legal professionals' job-related interactions. In this dissertation, I demonstrate that Latino/a lawyers and judges involved with OSL manage their potentially competing social and role identities differently than non-Latino/as whose social identities do not compete with their role identities, demonstrating variation between racial/ethnic social identities. I also find that some Latino/a lawyers and judges (those with higher racial/ethnic social identity salience) involved with OSL manage their potentially competing social and role identities differently than other Latino/a lawyers and judges (those with higher racial/ethnic social identity salience), demonstrating variation within racial/ethnic social identity based on the social identity of citizenship/generational status. Finally, I demonstrate that situationality is a factor in identity management because a shared social identity with defendants seems to be useful in the daily work of Latino/a lawyers and judges, but often detrimental in how they are perceived by outsiders such as activists and the media. From this case, we can take the findings and begin to create an outline for a new theory of competing identity management, integrating prior literatures on social and role identities. I have been able to elaborate mechanisms of some identity management processes while also developing grounded hypotheses on which to base future research. My research also contributes to improving how the criminal justice system deals with sensitive racial/ethnic issues surrounding immigration crimes and en masse proceedings such as OSL. Because proposed "comprehensive immigration reform" includes expanding programs like OSL, my research to understand the broader effects of the program on legal professionals is especially important not only to social scientists but to society at large. The fact that there is a difference in identity management strategies for Latino/a and non-Latino/a respondents helps demonstrate there is in fact an underlying racial tension present in Operation Streamline. Details: Tucson: University of Arizona, 2015. 222p. Source: Internet Resource: Dissertation: Accessed July 20, 2016 at: http://arizona.openrepository.com/arizona/handle/10150/578902 Year: 2015 Country: United States URL: http://arizona.openrepository.com/arizona/handle/10150/578902 Shelf Number: 139720 Keywords: Border ControlBorder SecurityIllegal ImmigrationImmigrantsImmigrationOperation Streamline |
Author: International Organization for Migration Title: Dangerous journeys -- International migration increasingly unsafe in 2016 Summary: On 19 September 2016, leaders from around the world will meet at the United Nations in New York to discuss how to address "large movements of refugees and migrants". 1 One of the issues for discussion will be how to ensure that migration is "orderly, safe, regular and responsible", 2 as the number of migrant deaths around the world continues to rise significantly. Worldwide, IOM's Missing Migrants Project has recorded 28 per cent more migrant deaths during the first half of 2016 compared with the same period in 2015 . This data briefing, produced by the International Organization for Migrations (IOM) Global Migration Data Analysis Centre in Berlin, takes an in-depth look at the available global figures for migrant deaths and disappearances during the first half of 2016. In the first six months of 2016, more than 3,700 people went missing or lost their lives during migration around the world. This is a 28 per cent increase compared to the same time period in 2015, and a 52 per cent increase for the same time period in 2014. This dramatic change can be attributed to a higher number of recorded migrant fatalities in the Mediterranean Sea, North Africa, the Middle East and the Horn of Africa. The number of people who went missing or died during migration in other regions of the world is comparable with the same period in 2015, with some differences - including a reduction in the recorded number of deaths by drowning in the Caribbean and South-East Asia. Details: Geneva: IOM's Global Migration Data Analysis Centre (GMDAC), 2016. 10p. Source: Internet Resource: Data Briefing Series No. 4: Accessed September 3, 2016 at: https://publications.iom.int/system/files/gmdac_data_briefing_series_issue4.pdf Year: 2016 Country: International URL: https://publications.iom.int/system/files/gmdac_data_briefing_series_issue4.pdf Shelf Number: 140139 Keywords: ImmigrantsImmigrationMigrant DeathsRefugees |
Author: Banks, James Title: Foreign National Prisoners in the UK: Explanations and Implications Summary: This paper examines the rapid expansion of the foreign national prison population in the UK against a back-drop of public and political anxiety about immigration and crime. It explores official data considering some of the possible explanations for the growth in the number of foreign national prisoners and the implications this has for penal management. Whilst increases in both the number of foreign nationals entering the UK and the number of foreign nationals in UK prisons has strengthened the association between immigration and crime in the public imagination, there is little empirical evidence to suggest that foreign nationals are more dangerous than British nationals. Instead, the growth of the foreign national prison population appears to stem from a number of sources that may operate alone or in tandem. Details: Sheffield, UK: Sheffield Hallam University, 2011. 25p. Source: Internet Resource: Accessed September 7, 2016 at: http://shura.shu.ac.uk/6803/1/Banks_Foreign_National_Prisoners.pdf Year: 2011 Country: United Kingdom URL: http://shura.shu.ac.uk/6803/1/Banks_Foreign_National_Prisoners.pdf Shelf Number: 147897 Keywords: Foreign InmatesForeign National PrisonersForeign PrisonersImmigrants |
Author: Beatson, Jesse Title: The Exploitation of Foreign Workers in Our Own Backyards: An examination of labour exploitation and labour trafficking in Canada Summary: Background - Many employers who engage in the exploitation of foreign workers have experienced impunity due to factors such as lack of interest by law enforcement agencies, ambiguous or non-existent criminal justice legislation, poor labour standards and/or untenable complaint mechanisms, and government programs for foreign workers with inadequate protections in place to safeguard human rights. - Changes to the Temporary Foreign Worker Program (TFWP) in Canada has resulted in an increase in foreign workers and many of them are quite vulnerable to actual and potential exploitation. - A lot of reports and advocacy efforts focus on trafficking for the purposes of sexual exploitation so the picture many people have of the nature and scope of trafficking in Canada may be skewed. More research is needed on labour-related abuses, both to better understand this phenomenon and also to assess the merits of the "trafficking" framework - The current legal definition of labour trafficking has some limitations and may need to be improved so that better protection and justice for victimized foreign workers in Canada can be provided. Countless numbers of men, women, and children are exploited around the world by unscrupulous employers. Impunity is all too commonly experienced by these employers, regardless of whether they operate in developing or developed world contexts. This impunity is due to a combination of possible factors such as lack of interest or effort by law enforcement agencies, ambiguous or non-existent criminal justice legislation, poor labour standards and/or untenable complaint mechanisms, and government foreign labour programs designed without adequate worker protections. This report was prepared for CATHII (Comite D'Action Contre La Traite Humaine Interne Et Internationale) during the spring and summer of 2015 to investigate labour exploitation and labour trafficking in the Canadian context. Recent changes to Canadian immigration programs, specifically the Temporary Foreign Workers Program (TFWP), has resulted in a comparatively greater increase in non-nationals entering the country versus permanent immigrants (Thomas 2010). The potentially mutually beneficial and positive aspects of the TFWP notwithstanding; in practice, these foreign workers lack access to the same rights and privileges as Canadian citizens or permanent residents and this makes them vulnerable (Macovei 2012). Canadian employers who engage in exploitative practices of foreign workers may be the most immediate and easily identifiable cause of these labour abuses, but the policy context should be considered a structural factor that influences how easy it is to carry these abuses out. According to a government issued pamphlet "Canadian law protects all workers in Canada, including temporary foreign workers... The exploitation of a foreign national may violate Canadian law and human rights" (Temporary Foreign Workers). Nevertheless, Fudge and MacPhail (2009) have argued that the mechanisms designed to monitor and protect the rights of foreign workers are in fact not well developed or monitored and that the actual and potential exploitation of foreign workers "undermines the legitimacy of the program (TFWP) both within and outside of Canada" (p. 43). Thus, one of the objectives of this report - through compiling several documented cases where foreign workers have been exploited - is to shed light on patterns and trends that might point towards problems with the current TFWP system. Case summaries provide vivid testimonies that changes may need to be made to immigration policy to ensure more robust protections of human rights. A second objective of this report is to join others who are beginning to address a disparity in trafficking research and advocacy work in Canada. Within the community of NGOs in Canada dedicated to issues of human trafficking, the heaviest emphasis of research and advocacy efforts tends to be placed on trafficking for the purposes of sexual exploitation. Consequently, the victims of trafficking practices are thought primarily to be young women forced into the sex trade, brought into Canada from foreign countries under false pretences. While efforts made on behalf of individuals fitting this general description are laudable and ideally will continue to be strengthened in coming years, an unfortunate side effect of the intense focus on this particular trafficking narrative is that it gives a misleading impression about the nature and scope of trafficking-related abuses in Canada. By expanding the focus of research and advocacy around trafficking issues to include labour exploitation, victims of these activities, increasingly being accepted as the most common form of trafficking globally, will have a better chance at justice and protection. Potential future victims will also hopefully receive better safeguarding of their human rights. Details: Montreal: CATHII (Comite D'Action Contre La Traite Humaine Interne Et Internationale), 2015. 52p. Source: Internet Resource: Accessed September 14, 2016 at: http://www.cathii.org/sites/www.cathii.org/files/The%20Exploitation%20of%20Foreign%20Workers%20Report.pdf Year: 2015 Country: Canada URL: http://www.cathii.org/sites/www.cathii.org/files/The%20Exploitation%20of%20Foreign%20Workers%20Report.pdf Shelf Number: 140275 Keywords: Forced LaborHuman TraffickingImmigrantsLabor ExploitationLabor TraffickingSexual Exploitation |
Author: United Nations Children's Fund - UNICEF Title: Broken Dreams: Central American Children's Dangerous Journey to the United States Summary: The flow of refugee and migrant children from Central America making their way to the United States shows no sign of letting up, despite the dangers of the journey and stronger immigration enforcement measures implemented after a major increase in numbers in mid-2014. In the first six months of 2016, almost 26,000 unaccompanied children and close to 29,700 people travelling as a family - mostly mothers and young children - were apprehended at the US border.2 Most are from El Salvador, Guatemala and Honduras, which have some of the world's highest murder rates.3 They seek to get away from brutal gangs that target them or poverty and exclusion that deprive them of education and hope. Many also travel north to reunify with their families. Many of the adults and some of the children apprehended at the US border are deported in expedited proceedings, women and young children spend weeks, and at times months in detention, while unaccompanied children may face years of uncertainty as their cases go before immigration courts. If deported, some of them could be killed or raped by the gangs they had sought to escape in the first place. All these children need protection every step of the way - at home, along the journey and at their destination. Thousands never make it as far as the US border. In the first six months of 2016, more than 16,000 refugee and migrant children from El Salvador, Guatemala and Honduras were apprehended in Mexico.4 In addition, hundreds of refugees and migrants die every year in the harsh environment along the Mexico-US border.5 Many more are missing and are feared to have been kidnapped, trafficked or murdered.6 "It is heart-rending to think of these children - most of them teenagers, but some even younger - making the gruelling and extremely dangerous journey in search of safety and a better life. This flow of young refugees and migrants highlights the critical importance of tackling the violence and socio-economic conditions in their countries of origin," said UNICEF's Deputy Executive Director Justin Forsyth. Details: UNICEF, 2016. 12p. Source: Internet Resource: Accessed October 7, 2016 at: http://www.unicef.org/media/files/UNICEF_Child_Alert_Central_America_2016_report_final(1).pdf Year: 2016 Country: Central America URL: http://www.unicef.org/media/files/UNICEF_Child_Alert_Central_America_2016_report_final(1).pdf Shelf Number: 147814 Keywords: Asylum SeekersChild MigrantsImmigrantsUnaccompanied Children |
Author: Gros, Hanna Title: "No Life for a Child": A Roadmap to End Immigration Detention of Children and Family Separation Summary: Canada should urgently implement alternatives to detaining children rather than housing them in immigration detention facilities or separating them from their detained parents, the University of Toronto’s International Human Rights Program (IHRP) said in a report released today. In failing to do so, Canada is violating its international legal obligations. Over the past several years, Canada has held hundreds of children in immigration detention, including children from Syria and other war-torn regions. According to figures obtained by the IHRP through access to information requests, an average of 242 children were detained each year between 2010 and 2014. These figures are an underestimate because they do not account for all children living with their parents in detention as 'guests, who were not subject to formal detention orders. Some of these include children with Canadian citizenship. The 70-page report, "'No Life for a Child': A Roadmap to End Immigration Detention of Children and Family Separation," uncovers the deficient legal underpinnings and detrimental practical implications of Canadian immigration detention for children. The report makes 11 recommendations to ensure that Canada complies with its international human rights obligations, and analyzes various international models of alternatives to detention and family separation. The report concludes that children and families with children should be released from detention outright or given access to community-based alternatives to detention, such as reporting obligations, financial deposits, guarantors, and electronic monitoring. 'No Life for a Child' is based on IHRP interviews with detained mothers and children, as well as mental health experts, social workers, child rights activists, and legal professionals. The report profiles children, including infants, who lived in detention or were separated from their families. The report finds that conditions of detention are woefully unsuited for children. Immigration Holding Centres resemble medium-security prisons, with significant restrictions on privacy and liberty, inadequate access to education, insufficient recreational opportunities and poor nutrition. One of the children profiled in the report, Michel (not his real name), spent the first 28 months of his life living under these conditions in a Toronto detention facility. Michel’s mother was detained when she was two-months pregnant, because Canada Border Services Agency (CBSA) suspected that she was a flight risk. After giving birth to Michel, the two continued to be detained for nearly three years before they were deported in late 2015. According to Michel’s mother, although Michel was a Canadian citizen, 'he lives the same life as a detained child.' According to medical experts, immigration detention causes serious and lasting psychological harm to children, including depression, anxiety, post-traumatic stress, and suicidal ideation. The report finds that it is the fact of detention — not just the conditions of detention — that is fundamentally harmful to children’s well-being. The report also finds that family separation is not an adequate alternative to child detention because it causes significant psychological distress, and may expose children to the hardships of the child welfare system. Instead, the report recommends that families should be given access to community-based alternatives to detention. The report builds upon years of advocacy by refugee and child rights groups in Canada that have called on the government to ensure that children’s best interests are a primary consideration in decisions affecting them, and ultimately, to end child detention and family separation. International bodies have also repeatedly criticized Canada for its immigration detention practices. The report notes recent initiatives by Canada's federal government and CBSA indicating a strong willingness to reform the immigration detention regime, with a particular view to protecting children and addressing mental health issues. The government has also expressed an intention to engage extensively with non-governmental organizations and other civil society stakeholders in the process of revising relevant policy and designing new programs. Details: Toronto: International Human Rights Program (IHRP) University of Toronto Faculty of Law, 2016. 70p. Source: Internet Resource: Accessed November 2, 2016 at: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-NoLifeForAChild.pdf Year: 2016 Country: Canada URL: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-NoLifeForAChild.pdf Shelf Number: 145777 Keywords: Human Rights AbusesIllegal ImmigrantsImmigrant Child DetentionImmigrant DetentionImmigrantsImmigration EnforcementImmigration Policy |
Author: McAuliffe, M.L., ed. Title: Migrant Smuggling Data and Research: A Global Review of the Emerging Evidence Base Summary: Migrant Smuggling Data and Research: A global review of the emerging evidence base presents a unique review of what is being collected and what can be done to further build the evidence base on migrant smuggling globally. The report is the result of a collaboration between the International Organization for Migration and researchers from a range of backgrounds and academic disciplines, and supported by the Government of Turkey. The report shows that important research has been undertaken on the transnational crime aspects of migrant smuggling, including on routes, smuggling organization (such as criminal networking and facilitation), smuggler profiles and fees/payment. Likewise, there is an emerging academic literature on migrant smuggling, particularly the economic and social processes involved in smuggling, which has largely been based on small-scale qualitative research, mostly undertaken by early career researchers. Contributions from private research companies, as well as investigative journalists, have provided useful insights in some regions, helping to shed light on smuggling practices. There remains, however, sizeable gaps in migration policy research and data, particularly in relation to migration patterns and processes linked to migrant smuggling, including its impact on migrants (particularly vulnerability, abuse and exploitation), as well as its impact on irregular migration flows (such as increasing scale, diversity and changes in geography). Addressing these systemic and regional gaps in data and research would help deepen understanding of the smuggling phenomenon, and provide further insights into how responses can be formulated that better protect migrants while enhancing States’ abilities to manage orderly migration. Details: Geneva, SWIT: International Organization for Migration, 2016. 340p. Source: Internet Resource: Accessed November 3, 2016 at: https://publications.iom.int/books/migrant-smuggling-data-and-research-global-review-emerging-evidence-base Year: 2016 Country: International URL: https://publications.iom.int/books/migrant-smuggling-data-and-research-global-review-emerging-evidence-base Shelf Number: 145000 Keywords: Human SmugglingIllegal ImmigrantsImmigrantsMigrant SmugglingMigrants |
Author: National Immigration Law Center Title: States Reject Immigration Enforcement Measures and Advance Inclusive Policies in 2016 Summary: 2016 marked a departure from earlier years, with a high-pitched partisan battle between state elected officials and President Barack Obama on immigration and refugee policy, as well as backlash against localities that had chosen to limit their entanglement with immigration enforcement efforts. Despite significant challenges, the groundwork built by immigrant rights advocates and allies proved effective in defeating virtually all the restrictive bills that were introduced. Thanks to strategic organizing by advocates, directly affected communities, faith-based groups and businesses, and to the testimony of municipal and law enforcement leaders, almost all of the anti-immigrant proposals died. Details: Los Angeles: NILC, 2016. 16p. Source: Internet Resource: Accessed November 7, 2016 at: https://www.nilc.org/wp-content/uploads/2016/10/states-advance-inclusive-policies-2016-10.pdf Year: 2016 Country: United States URL: https://www.nilc.org/wp-content/uploads/2016/10/states-advance-inclusive-policies-2016-10.pdf Shelf Number: 145307 Keywords: Illegal ImmigrantsImmigrantsImmigration Law EnforcementImmigration Policy |
Author: Pinotti, Paolo Title: Clicking on Heaven's Door: The Effect of Immigrant Legalization on Crime Summary: We estimate the effect of immigrant legalization on the crime rate of immigrants in Italy by exploiting an ideal regression discontinuity design: fixed quotas of residence permits are available each year, applications must be submitted electronically on specific "Click Days", and are processed on a first-come, first-served basis until the available quotas are exhausted. Matching data on applications with individual-level criminal records, we show that legalization reduces the crime rate of legalized immigrants by 0.6 percentage points on average, on a baseline crime rate of 1.1 percent. The effect persists for (at least) two years after legalization. Details: London: Centre for Research and Analysis of Migration (CReAM), University College London, 2016. 46p. Source: Internet Resource: Discussion Paper Series; CPD 25/16: Accessed November 16, 2016 at: http://www.cream-migration.org/publ_uploads/CDP_25_16.pdf Year: 2016 Country: Italy URL: http://www.cream-migration.org/publ_uploads/CDP_25_16.pdf Shelf Number: 144852 Keywords: ImmigrantsImmigrants and CrimeImmigration |
Author: Amuedo-Dorantes, Catalina Title: On the Effectiveness of SB1070 in Arizona Summary: We investigate the effectiveness of Arizona's omnibus immigration law SB1070, which made it a misdemeanor crime for an alien to not carry proper documentation and asked police to determine the immigration status of any person suspected of being an illegal alien during a lawful stop. We find that SB1070's enactment coincided with the stalling to slight recovery of the share of non-citizen Hispanics in Arizona three years after the enactment of an employment verification mandate to all employers. Yet, its effectiveness in reducing the share of likely unauthorized immigrants has been minimal and questions the merit of the law Details: London: Centre for Research and Analysis of Migration Department of Economics, University College London, 2014. 37p. Source: Internet Resource: CReAM Discussion Paper Series, no. 23/14: Accessed November 17, 2016 at: http://www.cream-migration.org/publ_uploads/CDP_23_14.pdf Year: 2014 Country: United States URL: http://www.cream-migration.org/publ_uploads/CDP_23_14.pdf Shelf Number: 141196 Keywords: Illegal Immigrants ImmigrantsImmigration Enforcement Undocumented Immigrants |
Author: De Genova, Nicholas Title: Detention, Deportation, and Waiting: Toward a Theory of Migrant Detainability Summary: The global expansion of deportation regimes has spurred an analogous expansion of migrant detention. Arguably even more than the onerous punitive power of deportation, detention imposes the sovereign power of a state on to the lives of non-citizens in a manner that transmutes their status into de facto legal non-personhood. That is to say, with detention, the condition of deportable migrants culminates in summary (and sometimes indefinite) incarceration on the basis of little more than their sheer existential predicament as “undesirable” non-citizens, often with little or no recourse to any form of legal remedy or appeal, and frequently no semblance to due process. Castigated to a station outside the law, their detention leaves them at the mercy of the caprices of authorities. The author argues that to adequately comprehend the productivity of this power to detain migrants, we must have recourse to a concept of detainability, the possibility of being detained. The paper situates the analysis of immigration detention in the framework of contemporary critical theory, interrogating the economy of different conditionalities and contingencies that undergird various degrees by which distinct categories of migrants are subjected to detention power. Details: Geneva, SWIT: Global Detention Project, 2016. 10p. Source: Internet Resource: https://www.globaldetentionproject.org/detention-deportation-waiting-toward-theory-migrant-detainability-gdp-working-paper-no-18 Year: 2016 Country: International URL: https://www.globaldetentionproject.org/detention-deportation-waiting-toward-theory-migrant-detainability-gdp-working-paper-no-18 Shelf Number: 147936 Keywords: DeportationIllegal ImmigrantsImmigrant DetentionImmigrantsUndocumented Immigrants |
Author: Herbert, Matthew Title: At the edge: Trends and routes of North African clandestine migrants Summary: In 2015, over 16,000 Algerians, Tunisians and Moroccans were caught while attempting to migrate to Europe covertly. Though North Africans are a relatively small portion of the masses of clandestine migrants, they are a critical group to understand. They are the innovators and early adaptors of new methods and routes for migrant smuggling, such as their pioneering in the 1990s and 2000s of the routes across the Mediterranean that now fuel Europe's migration crisis. Understanding how and why North Africans migrate, the routes they use, and how these are changing, offers insights into how clandestine migration methods and routes in general may shift in the coming years. In shaping better responses to actual dynamics, it is important for countries to proactively address the chronic conditions that drive forced migration before they generate social instability. Details: Pretoria: Institute for Security Studies, 2016. 28p. Source: Internet Resource: ISS Paper 298: Accessed December 5, 2016 at: http://globalinitiative.net/wp-content/uploads/2016/12/at-the-edge-paper-final-.pdf Year: 2016 Country: Africa URL: http://globalinitiative.net/wp-content/uploads/2016/12/at-the-edge-paper-final-.pdf Shelf Number: 140301 Keywords: Human SmugglingIllegal ImmigrantsImmigrantsImmigration EnforcementMigration |
Author: Armacost, Barbara E. Title: The Enforcement Pathologies of Immigration Policing Summary: State and local police have become increasing involved in enforcing immigration law. While so called “immigration policing” is not new, as some scholars have claimed, it has increased in visibility and influence. This is due in large part to state and federal legislation that has broadened the footprint of immigration policing programs, and to increased federal funding, which has enabled state/federal cooperative programs to flourish. The federal government has created many of the immigration enforcement partnerships between federal agents and state and local police. Today, U.S. Immigration and Customs Enforcement lists no fewer than thirteen immigration enforcement cooperatives, including the 287(g) program and Secure Communities, recently renamed the “Priority Enforcement Program.” In addition, state legislatures have also been busy empowering state and local police to do immigration enforcement in their jurisdictions, including in Arizona where an important immigration policing provision was upheld by the Supreme Court in Arizona v. United States. The increased participation of state and local officials has thrust immigration policing into the limelight and triggered passionate reactions by scholars and the media both pro and con. While these debates have important things to say, this article will assume that immigration policing – in some form – is here to stay. The reason is simple: Immigration policing simply makes sense (or in any event it is too tempting to resist). State and local police are already on the street interacting with citizens, enforcing laws, investigating suspicious conduct, and arresting suspected criminals. Why not ask officers engaged in these activities to pursue any suspected immigration violations at the same time, especially if they can do so without changing their ordinary policing activities? While there are 18,000 federal immigration agents there are over 750,000 state and local police with arrest authority. Conscripting state and local police creates a substantial “force multiplier” for the much more limited federal immigration workforce. Proponents of immigration policing argue that state and local police can serve as a force multiplier without producing any adverse effect on either federal immigration priorities or state law enforcement priorities. The goal of this article is to dispute this claim. The claim relies on the assumption that state and local officials will continue to make law enforcement decisions uninfluenced by the knowledge that stops, investigations, and detentions in connection with other crimes are a gateway to immigration enforcement. It is well know, however, that police officers routinely use “pretextual” street and traffic stops for minor offenses to investigate other crimes for which they lack probable cause. Not surprisingly, police involved in immigration policing are using street and traffic stops as a mechanism for investigating suspected immigration violations. This strategy both compromises federal immigration policy – by shifting the focus away from dangerous criminal aliens and toward minor offenders – and diverts state and local policing resources away from ordinary criminal enforcement. Moreover, stops with hidden immigration enforcement motivations lead almost inevitably to racial profiling, most of which is either legal or very difficult to challenge. The second part of the article draws on lessons from the Fourth Amendment context to explore possible solutions that will address these distortions while retaining important benefits from the federal/state/local partnerships. The most important strategy for addressing pretextual policing is to decouple state and local policing from automatic (or the perception of automatic) immigration enforcement. One step toward decoupling is to treat stops and arrests for minor offenses, which create the risk of pretextual stops and racial profiling, differently for purposes of immigration enforcement than stops and arrests for more serious crimes. A number of states have moved in this direction by declining to honor ICE detainers for potential immigration violators unless those individuals have actually been convicted of a serious crime. Other states have adopted policies that bar police from initiating police action for the purpose of investigating suspected immigration violations. ICE has also taken steps to channel its enforcement efforts toward illegal aliens who have committed serious crimes or repeatedly flouted federal immigration. Such efforts point the way forward in an enforcement world in which state and local immigration policing is here to stay. Details: Charlottesville, VA: University of Virginia School of Law, 2015. 73p. Source: Internet Resource: Virginia Public Law and Legal Theory Research Paper No. 19 : Accessed December 13, 2016 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2584713 Year: 2015 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2584713 Shelf Number: 135202 Keywords: Crimmigration ImmigrantsImmigration Enforcement Immigration Policy Racial Profiling in Law Enforcement |
Author: Canada. Department of Justice. Evaluation Division Title: Special Advocates Program Evaluation: Final Report Summary: This document constitutes the final report for the evaluation of the Special Advocates Program (also referred to as the Program or SAP). The Department of Justice Canada administers the Program, whose purpose is to implement the set of legislative requirements contained in Division 9 of the Immigration and Refugee Protection Act (IRPA). 1.1. Context for the Evaluation In 2008, the Department of Justice Canada established the SAP in response to the 2007 decision of the Supreme Court of Canada in the Charkaoui case.1 In its ruling, the Court concluded that the existing scheme applicable to security certificates allowed for the use of evidence “that is never disclosed to the named person without providing adequate measures to compensate for this non-disclosure and the constitutional problems it causes”.2 The Program was first evaluated in 2010, as part of the evaluation of the Security Certificate Initiative led by Public Safety Canada.3 This time, the evaluation of the SAP was led by the Department of Justice Canada. Although it is meant to be a stand-alone evaluation, it is also expected to contribute to the 2014-2015 Horizontal Evaluation of the IRPA Division 9 and the National Security Inadmissibility Initiative led by Public Safety Canada. 1.2. Scope and Objectives of the Evaluation This evaluation covers all activities undertaken through the SAP over the past five years (2010– 11 to 2014–15). In accordance with the Policy on Evaluation, it addresses both the relevance and the performance of the Program. More specifically, the evaluation focuses on the following dimensions of the Program: • the extent to which SAP activities align with the role and current priorities of the federal government, as well as with the strategic objectives of the Department of Justice Canada; • the extent to which the Program responds to identified needs; and • the ability of the Program to achieve its expected outcomes efficiently and economically. Appendix A includes the complete list of issues and questions covered by the evaluation. 1.3. Structure of the Report This report contains five sections, including this introduction. Section 2 provides a description of the Program. Section 3 describes the methodology used to address the set of evaluation issues and questions. Section 4 summarizes the key findings that have emerged from the data collection process, while section 5 provides the overall evaluation conclusions and recommendations. Details: Ottawa: Department of Justice, 2015. 59p. Source: Internet Resource: Accessed December 14, 2016 at: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2015/sap-pas/sap-pas.pdf Year: 2015 Country: Canada URL: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2015/sap-pas/sap-pas.pdf Shelf Number: 146142 Keywords: ImmigrantsImmigrationLegal AidRefugees |
Author: U.S. Government Accountability Office Title: Asylum: Variation Exists in Outcomes of Applications Across Immigration Courts and Judges Summary: GAO analyzed the outcomes of 595,795 asylum applications completed by the Department of Justice's Executive Office for Immigration Review (EOIR) between fiscal years 1995 and 2014, and identified outcome variation both over time and across immigration courts and judges. From fiscal years 2008 through 2014, annual grant rates for affirmative asylum applications (those filed with the Department of Homeland Security (DHS) at the initiative of the individual and referred to an EOIR immigration judge) ranged from 21 to 44 percent. In the same period, grant rates for defensive asylum applications (those initiated before an immigration judge) ranged from 15 to 26 percent. Further, EOIR data indicate that asylum grant rates varied by immigration court. For example, from May 2007 through fiscal year 2014, the grant rate was 66 percent (affirmative) and 52 percent (defensive) in the New York, New York, immigration court and less than 5 percent (affirmative and defensive) in the Omaha, Nebraska, and Atlanta, Georgia, immigration courts. GAO found that certain case and judge-related factors are associated with variation in the outcomes of asylum applications. For example, applicants who were represented by legal counsel were granted asylum at a rate 3.1 (affirmative) and 1.8 (defensive) times higher than applicants who were not represented. After statistically controlling for certain factors, such as judge experience and whether or not the applicant had dependents, GAO found variation remained in the outcomes of completed asylum applications across immigration courts and judges. For example, from May 2007 through fiscal year 2014, GAO estimated that the affirmative and defensive asylum grant rates would vary by 29 and 38 percentage points, respectively, for a representative applicant with the same average characteristics we measured, whose case was heard in different immigration courts. In addition, GAO estimated that the affirmative and defensive asylum grant rates would vary by 47 and 57 percentage points, respectively, for the same representative applicant whose case was heard by different immigration judges. GAO could not control for the underlying facts and merits of individual asylum applications because EOIR's case management system was designed to track and manage workloads and does not collect data on all of the details of individual proceedings. Nonetheless, the data available allowed GAO to hold constant certain factors of each asylum application, enabling GAO to compare outcomes across immigration courts and judges. EOIR provides legal resources to targeted populations, including asylum applicants, through the Legal Orientation Program (LOP) and Legal Orientation Program for Custodians of Unaccompanied Alien Children (LOPC). EOIR and its contractor use LOP and LOPC site visits, monthly conference calls, and quarterly reports to monitor these programs. However, EOIR has not established performance measures, consistent with principles outlined in the GPRA Modernization Act of 2010, to determine whether these programs are having a measurable impact in meeting program objectives. Developing and implementing performance measures, including establishing a baseline, to determine whether LOP and LOPC are having a measurable impact would better position EOIR to make any adjustments necessary to improve the programs' performance. Why GAO Did This Study Tens of thousands of foreign nationals in the United States apply annually for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. EOIR's immigration judges decide asylum application outcomes in court proceedings. In 2008, GAO reported that EOIR data from October 1994 through April 2007 showed significant variation in the outcomes across immigration courts and judges (grants versus denials) of such applications. The Senate Appropriations Committee report for DHS Appropriations Act, 2015, included a provision for GAO to update its 2008 report. This report examines (1) variation in asylum applications outcomes over time and across courts and judges; (2) factors associated with variability; and (3) EOIR's actions to facilitate asylum applicants' access to legal resources. GAO analyzed EOIR data—using multivariate statistics—on asylum outcomes from fiscal years 1995 through 2014, the most current data available at the time of GAO's analysis; reviewed EOIR policies and procedures; and interviewed EOIR officials and immigration judges about court proceedings and legal access programs. GAO observed asylum hearings in 10 immigration courts selected on the basis of application data and other factors. What GAO Recommends GAO recommends that EOIR develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC. EOIR concurred with GAO's recommendation Details: Washington, DC: GAO, 2016. 71p. Source: Internet Resource: GAO-17-72: Accessed December 14, 2016 at: http://www.gao.gov/assets/690/680976.pdf Year: 2016 Country: United States URL: http://www.gao.gov/assets/690/680976.pdf Shelf Number: 140464 Keywords: Asylum SeekersImmigrantsImmigration CourtsImmigration Enforcement |
Author: Renshaw, Lauren Title: Migrating for work and study: The role of the migration broker in facilitating workplace exploitation, human trafficking and slavery Summary: Temporary migrants play an important role in Australia's workforce and student population. Little is known, however, about the migration mechanisms temporary migrants use and the associated risks these may involve. This paper examines the role of migration brokers in alleged and finalised cases of migrant exploitation ranging from low pay and hazardous working conditions to more severe forms involving debt bondage, forced labour and other slavery-like practices. This paper presents a typology of two kinds of migration broker - the migration facilitator and the labour supplier - developed from these case studies. Points of intervention are discussed with reference to these types, as is the effectiveness of various responses to the actions of migration brokers in preventing and detecting human trafficking, slavery and slavery-like practices. These responses may overlap with responses to other serious crimes such as immigration fraud, corruption, extortion and people smuggling. Details: Canberra: Australian Institute of Criminology, 2016. 18p. Source: Internet Resource: Trends & issues in crime and criminal justice, no. 527: Accessed December 15, 2016 at: http://aic.gov.au/media_library/publications/tandi_pdf/tandi527.pdf Year: 2016 Country: Australia URL: http://aic.gov.au/media_library/publications/tandi_pdf/tandi527.pdf Shelf Number: 146156 Keywords: Forced LaborHuman TraffickingImmigrantsImmigrationModern SlaveryPeople Smuggling |
Author: Carling, Jorgen Title: Beyond Definitions: Global migration and the smuggling–trafficking nexus Summary: This discussion paper explores the rise of mixed, irregular migration with particular focus on the role of smuggling and trafficking in both facilitating that movement and influencing its impact. It explains the current migration context followed by a discussion and analysis of the smuggling-trafficking nexus. Emerging characteristics of irregular migration suggest that changing realities are challenging the limits of existing terminology and understanding around these activities. Current legal concepts and structures are struggling - and sometimes completely unable - to capture the complexity of what is happening. Migrants are facing increased risks in terms of greater vulnerability and less protection, not least through a shrinking of the asylum space. Understanding migrant smuggling and human trafficking as part of a wider phenomenon within classic economic dynamics of supply and demand is critical to developing migration policy that is not diverted by misuse of terminology and that maintains an appropriate focus on the rights of migrants and corresponding obligations of States. An understanding of how and why smuggling and trafficking occur also lays bare the costs to the modern liberal State of waging 'war' against an enemy that can only ever be defeated through the continuous deployment of massive force and denial of basic rights. The paper brings together the insights of three experts who have worked as practitioners and researchers on mixed migration, smuggling and trafficking within diverse geographical and disciplinary perspectives. Details: Nairobi: Regional Mixed Migration Secretariat, 2015. 12p. Source: Internet Resource: RMMS Discussion Paper, 2: Accessed December 21, 2016 at: http://file.prio.no/Publication_files/Prio/Carling%20et%20al%202015%20-%20Beyond%20definitions.pdf Year: 2015 Country: International URL: http://file.prio.no/Publication_files/Prio/Carling%20et%20al%202015%20-%20Beyond%20definitions.pdf Shelf Number: 146007 Keywords: Human SmugglingHuman TraffickingImmigrantsImmigration |
Author: European Union Agency for Fundamental Rights (FRA) Title: Current migration situation in the EU: hate crime Summary: Asylum seekers and migrants face various forms of violence and harassment across the European Union (EU). As this month's report on the migration situation underscores, such acts are both perpetrated and condoned by state authorities, private individuals, as well as vigilante groups. They increasingly also target activists and politicians perceived as 'pro-refugee'. Meanwhile, a lack of relevant data is hampering efforts to develop effective measures to prevent these incidents. Outlining recent attacks in 14 EU Member States, this focus of the November report also examines the diverse factors that undermine the reporting of such incidents and highlights promising practices seeking to counter them. Details: Vienna: FRA, 2016. 19p. Source: Internet Resource: Accessed January 30, 2017 at: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-november-monthly-focus-hate-crime_en.pdf Year: 2016 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-november-monthly-focus-hate-crime_en.pdf Shelf Number: 145998 Keywords: Asylum SeekersBias CrimesHate CrimesImmigrantsRefugeesVigilantism |
Author: Gehrsitz, Markus Title: Jobs, Crime, and Votes - A Short-run Evaluation of the Refugee Crisis in Germany Summary: Millions of refugees made their way to Europe between 2014 and 2015, with over one million arriving in Germany alone. Yet, little is known about the impact of this inflow on labor markets, crime, and voting behavior. This article uses administrative data on refugee allocation and provides an evaluation of the short-run consequences of the refugee inflow. Our identification strategy exploits that a scramble for accommodation determined the assignment of refugees to German counties resulting in exogeneous variations in the number of refugees per county within and across states. Our estimates suggest that migrants have not displaced native workers but have themselves struggled to find gainful employment. We find very small increases in crime in particular with respect to drug offenses and fare-dodging. Our analysis further suggests that counties which experience a larger influx see neither more nor less support for the main anti-immigrant party than counties which experience small migrant inflows. Details: Mannheim: Centre for European Economic Research, 2016. 45p. Source: Internet Resource: ZEW Discussion Paper No. 16-086 : Accessed February 13, 2017 at: http://www.zew.de/en/publikationen/jobs-crime-and-votes-a-short-run-evaluation-of-the-refugee-crisis-in-germany/?cHash=d082c304ea3aca820856d2c78c22852b Year: 2016 Country: Germany URL: http://www.zew.de/en/publikationen/jobs-crime-and-votes-a-short-run-evaluation-of-the-refugee-crisis-in-germany/?cHash=d082c304ea3aca820856d2c78c22852b Shelf Number: 145103 Keywords: ImmigrantsRefugeesUnemployment and Crime |
Author: European Union Agency for Fundamental Rights (FRA) Title: Current migration situation in the EU: separated children Summary: Although official figures on the phenomenon are lacking, it is clear that children arriving in the European Union (EU) are often accompanied by persons other than their parents or guardians. Such children are usually referred to as "separated" children. Their identification and registration bring additional challenges, and their protection needs are often neglected. On arrival, these children are often "accompanied", but the accompanying adult(s) may not necessarily be able, or suitable, to assume responsibility for their care. These children are also at risk of exploitation and abuse, or may already be victims. Their realities and special needs require additional attention. The lack of data and guidance on separated children poses a serious challenge. This focus section outlines the specific protection needs of separated children, and highlights current responses and promising practices among EU Member States. Details: Vienna: European Union Agency for Fundamental Rights, 2016. 21p. Source: Internet Resource: Accessed February 16, 2017 at: http://fra.europa.eu/sites/default/files/fra_uploads/fra-december-2016-monthly-migration-report-separated-childr.pdf Year: 2016 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/fra-december-2016-monthly-migration-report-separated-childr.pdf Shelf Number: 146279 Keywords: Asylum SeekersChild ProtectionImmigrantsImmigration PolicySeparated Children |
Author: Molenaar, Fransje Title: Irregular migration and human smuggling networks in Mali Summary: In 2016, an estimated 30,000 to 40,000 migrants transited through Mali on their way to Algeria and Libya. One major dilemma facing policy makers that want to stop irregular migration through Mali is that state authorities are either complicit in migration, such as by providing migrants free passage in exchange for a toll at roadblocks or by issuing false passports, or that they lack the effective presence and/or capacity to counter human smuggling. This problem is particularly salient in the north, where armed groups have taken over territorial control and offer protection to, and feed off, the human smuggling industry. At the time of writing, a solution to the internal conflict appears to lie in the distant future, meaning that addressing the issue of irregular migration remains one of the lowest priorities on the government’s agenda. Regaining political stability is its number one concern. Details: The Hague: Netherlands Institute of International Relations 'Clingendael', 2017. 36p. Source: Internet Resource: CRU Report: Accessed March 3, 2017 at: https://www.clingendael.nl/sites/default/files/irregular_migration_and_human_smuggling_networks_in_mali.pdf Year: 2017 Country: Mali URL: https://www.clingendael.nl/sites/default/files/irregular_migration_and_human_smuggling_networks_in_mali.pdf Shelf Number: 141312 Keywords: Criminal NetworksHuman SmugglingIllegal ImmigrationImmigrantsMigration |
Author: Molenaar, Fransje Title: Irregular migration and human smuggling networks in Niger Summary: This report outlines some of the dilemmas that the human smuggling industry poses for policy makers addressing irregular migration flows in Niger. Through a detailed focus on the manifestation of the relationship between human smugglers and state authorities on the ground, and between state authorities and former rebels more generally, this report shows that the development of human smuggling networks reinforces prevailing patterns of collusion between armed and/or criminal actors, state security forces and political elites. Any attempt to address irregular migration through securitised measures should take into account that security forces, local authorities and even national political elites are tied to the smuggling industry in direct and indirect ways. They are not neutral actors, and any attempt to treat them as such could result in heightened conflict risk and/or the instrumental use of policy instruments to take out competitors. Policy makers should also recognise that the issue of irregular migration is tied to broader issues of good governance and rule of law. Policies targeting migration should therefore form part of a broader package of measures combatting state fragility and insecurity. Details: The Hague: Netherlands Institute of International Relations 'Clingendael', 2017. 40p. Source: Internet Resource: CRU Report: Accessed March 3, 2017 at: https://www.clingendael.nl/sites/default/files/irregular_migration_and_human_smuggling_networks_in_niger.pdf Year: 2017 Country: Niger URL: https://www.clingendael.nl/sites/default/files/irregular_migration_and_human_smuggling_networks_in_niger.pdf Shelf Number: 141313 Keywords: Criminal NetworksHuman SmugglingIllegal ImmigrationImmigrantsImmigration |
Author: AMES Australia Title: Violence against women in CALD communities. Understandings and actions to prevent violence against women in CALD communities Summary: The problem of violence against women (VAW) was first raised by the Australian women's movement in the 1970s. Due largely to those efforts it has now been accepted as a key public policy concern in Australia. To date the focus has been on establishing service systems designed to respond to the needs of women who have experienced violence and to prevent violence from reoccurring. While the potential to prevent the problem in the first place has been well understood, until recently this has been an aspirational goal. However, given both the continuing prevalence of the problem and its serious health, social and economic consequences, there is increasing recognition of the need to turn attention to preventing violence against women (PVAW) before it occurs. There is now a broad consensus among women's services, governments, non-government organisations and community leaders that VAW is serious and unacceptable, and that prevention of this violence requires a continuum of interlinked and interdependent approaches. These include responses to women affected by violence to limit its consequences and prevent violence from reoccurring, intervening early with high-risk individuals, and efforts to prevent violence from occurring in the first place. The latter - preventing violence before it occurs (sometimes referred to as primary prevention) is the focus of this report. Australia's commitment to PVAW is encapsulated in the National plan to prevent violence against women and their children 2010-2022 (the National Plan), to which all state and territory governments are signatories. Australia was the first country to develop a comprehensive approach to PVAW, with the Australian Government establishing two new centres to support the implementation of this plan: Our Watch and Australia's National Research Organisation for Women's Safety (ANROWS). Progress is being monitored through a range of mechanisms including the Personal Safety Survey (PSS), designed to monitor the experience of violence, and the National Community Attitudes towards Violence Against Women Survey (NCAS), designed to gauge the extent of cultural support for violence and the factors underpinning it in the Australian community. To date, action to PVAW has focused largely on the community as a whole, with minimal attention being paid to addressing factors relevant to particular groups. The risk of such "universal" approaches - when not accompanied by efforts to tailor strategies to the needs and contexts of particular groups - is that the gains made in prevention may not be shared equally In the development of the National Plan, two challenges were identified. The first of these was the need to strengthen commitment to the primary prevention of VAW. The second was ensuring that efforts in primary prevention are extended to meet the needs of specific sub-populations, including culturally and linguistically diverse (CALD) communities. Almost half of Australians were either born overseas or have at least one parent born overseas (ABS 2013a). We are a nation proud of our cultural diversity and have developed legislation and policies to ensure that all citizens are provided with equal opportunities, rights and entitlements. Among these is the right of women to live free from violence and the fear of violence. Extending efforts to PVAW in CALD communities is critical to ensuring that this right is realised. This document summarises the outcomes of a project focusing on the primary prevention of VAW in CALD communities. Based on community consultation and research it identifies issues that need to be considered when working with CALD communities to PVAW and recommends future actions for consideration. Details: Melbourne: AMES Australia, 2017. 28p. Source: Internet Resource: Accessed March 4, 2017 at: https://www.ames.net.au/files/file/Research/20832%20AMES%20Actions%20Report%20Web.pdf Year: 2017 Country: Australia URL: https://www.ames.net.au/files/file/Research/20832%20AMES%20Actions%20Report%20Web.pdf Shelf Number: 141341 Keywords: Domestic ViolenceEthnic MinoritiesFamily ViolenceImmigrantsIntimate Partner ViolenceViolence Against Women |
Author: Australia. Auditor General Title: The Australian Border Force's Use of Statutory Powers Summary: Background 1. On 9 May 2014, the Minister for Immigration and Border Protection announced the government's decision to bring together the Department of Immigration and Border Protection (Immigration) and the Australian Customs and Border Protection Service (Customs) in a single department from 1 July 2015. Within the integrated department, the government established the Australian Border Force (Border Force) as a 'single frontline operational border agency to enforce our customs and immigration laws and protect our border'. 2. Both the Customs Act 1901 (Customs Act) and Migration Act 1958 (Migration Act) contain a wide range of powers. While many of these are essentially administrative in nature, there are a wide range of coercive powers - such as powers to question, search, detain or arrest people, or enter and search vehicles or premises - which departmental officers, such as Border Force officers, can now exercise. Other Acts (such as the Maritime Powers Act 2013) also confer powers on officers. In total, officers can exercise coercive powers under 35 Acts and more than 500 empowering provisions. Audit objective and criteria 3. The objective of the audit was to assess the establishment and administration of the Australian Border Force's framework to ensure the lawful exercise of powers in accordance with applicable legislation. 4. To form a conclusion against the audit objective, the ANAO adopted the following high-level audit criteria: Is there an effective accountability and reporting framework for the lawful exercise of powers? Do Border Force officers have adequate knowledge of their powers and how to use them? Conclusion 5. As part of the integration of Immigration and Customs, the department has made progress towards establishing a framework to ensure Border Force officers exercise coercive powers lawfully and appropriately. However, significantly more work needs to be done to gain assurance that controls are effective. 6. The department's enterprise risk management framework does not adequately address the risk of officers exercising coercive powers unlawfully or inappropriately. Several internal assurance reviews have uncovered problems relating to the exercise of statutory powers. The Border Force has established an integrated operational quality assurance team, which has not yet finalised any reports. Delegations and authorisations for coercive powers are complete and in place but not all instruments are accessible to officers. 7. The ANAO found instances of potentially unlawful searches and failure to comply with instructions under both the Customs Act and Migration Act, which indicate current internal controls for mitigating the risk of unlawful or inappropriate use of coercive powers are inadequate. 8. The department has not provided adequate instructions and guidance for officers exercising coercive powers. There is currently no single source of instructions and guidance material for Border Force officers, and much of the guidance material available is out of date and inaccurate. While positive foundational work has commenced on integrating the former Customs and Immigration training regimes, officers have been exercising significant coercive powers without having undertaken pre-requisite training. Supporting findings 9. The department's approach to risk management at the enterprise level has been developing over the past two years. It has established an enterprise risk framework and is finalising profiles for each of its enterprise risks. The current profile relating to unlawful or inappropriate use of coercive powers conflates this risk with integrity and corruption risks, which require different internal controls. This has the potential to divert attention from controls relating to the risk of unlawful or inappropriate use of coercive powers. 10. The department has undertaken several internal assurance reviews that have uncovered problems relating to the exercise of statutory powers. The Border Force has recently established an integrated team responsible for operational quality assurance testing. The team has not yet completed any reviews. Prior to this, the department did not have satisfactory mechanisms for gaining assurance that officers understand their powers and are exercising them lawfully. 11. Instruments of authorisation and delegation for coercive Migration and Customs Act powers are complete and up-to-date. While Migration Act instruments of authorisation and delegation are available on the intranet, instruments relating to the Customs Act (and other Acts) are not accessible to officers. 12. Some personal searches of passengers at international airports examined by the ANAO were unlawful or inappropriate, indicating weaknesses in the control framework. A number of searches of premises under the Migration Act potentially exceeded the authority of the warrant which authorised them, and officers routinely questioned people without documenting their legal authority to do so. Officers also frequently failed to comply with departmental policy instructions, including compliance with certification and recordkeeping requirements. 13. The department has commenced a project to identify the statutory powers of officers of the integrated department, with a longer term view to possibly amending some powers. As part of the project, in July 2016, the department completed a consolidated inventory of all powers available to departmental officers under Commonwealth legislation. Such an inventory will enable the department to identify overlap, duplication, redundancy and inconsistency within and between Acts. It will also assist with identifying any gaps or deficiencies in powers in order to be able to submit a proposal for potential legislative change for government consideration. 14. The Border Force is developing a coordinated systematic framework for reporting on its use of coercive powers. It presently does not have such a framework. 15. Many of the instructions that are provided to Border Force officers on the department's intranet are out of date, incomplete, inaccurate and are not accessible to all officers. A project to remedy this situation was endorsed by the department's executive in December 2015 and has to date delivered only a very small number of operational instructions for Border Force officers. 16. The department has made progress in integrating the former Customs and Immigration training regimes and addressing deficiencies identified through pre-integration training audits conducted in 2014. The establishment of an integrated Learning and Development Branch and the Border Force College has been managed as a priority project, under the Reform and Integration Taskforce. While this project has delivered solid foundations for enhancing the learning maturity of the department, at the time of examination the results of these foundational efforts had yet to be realised. 17. Not all officers exercising coercive powers under the Migration Act and Customs Act have received pre-requisite training. The department has established an integrated Learning Management System but issues remain in relation to the completeness of training records. 18. The department has been undertaking a project to transition to a new workforce model, which has involved establishing 'vocations', profiling job roles under each vocation, mapping required competencies, and developing high level curricula. Training needs analysis for the Border Force vocational stream commenced in October 2016. Details: Barton, ACT: Australian National Audit Office, 2017. 60p. Source: Internet Resource: Accessed March 7, 2017 at: https://www.anao.gov.au/sites/g/files/net2766/f/ANAO_Report_2016-2017_39.pdf Year: 2017 Country: Australia URL: https://www.anao.gov.au/sites/g/files/net2766/f/ANAO_Report_2016-2017_39.pdf Shelf Number: 146415 Keywords: Border PatrolBorder SecurityCustoms EnforcementIllegal ImmigrationImmigrantsImmigration EnforcementUse of Force |
Author: Herman, Sarah S. Title: State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement Summary: The federal government is vested with the exclusive power to create rules governing which aliens may enter the United States and which aliens may be removed. However, the impact of alien migration "whether lawful or unlawful" is arguably felt most directly in the communities where aliens reside. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. While some states and municipalities actively participate in or cooperate with federal immigration enforcement efforts, others have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions. There is no official, formal, or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions might have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including for reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. Having said that, traditional sanctuary policies are often described as falling under one of three categories. First, so-called "don't enforce" policies generally bar the state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person’s immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities. Additionally, the report discusses legal issues relevant to sanctuary policies. In particular, the report examines the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement and the degree to which the federal government can stop state measures that undermine federal objectives in a manner that is consistent with the Supremacy Clause and the Tenth Amendment. Indeed, the federal government's power to regulate the immigration and status of aliens within the United States is substantial and exclusive. Under the doctrine of preemption "derived from the Supremacy Clause" Congress may invalidate or displace state laws pertaining to immigration. This action may be done expressly or impliedly, for instance, when federal regulation occupies an entire field or when state law interferes with a federal regulatory scheme. However, not every state or local law related to immigration is preempted by federal law, especially when the local law involves the police powers to promote public health, safety, and welfare reserved to the states via the Tenth Amendment. Further, the anti-commandeering principles derived from the Tenth Amendment prohibit the federal government from directing states and localities to implement a federal regulatory program, like immigration. Details: Washington, DC: Congressional Research Services, 2017. 19p. Source: Internet Resource: R44795: Accessed April 3, 2017 at: https://fas.org/sgp/crs/homesec/R44795.pdf Year: 2017 Country: United States URL: https://fas.org/sgp/crs/homesec/R44795.pdf Shelf Number: 144696 Keywords: Illegal ImmigrantsImmigrantsImmigration EnforcementImmigration PolicySanctuary JurisdictionsSanctuary Policies |
Author: Collingwood Research Title: The Politics of Refuge: Sanctuary Cities, Crime, and Undocumented Immigration Summary: This paper assesses the claim that sanctuary cities - defined as cities that expressly forbid city officials or police departments from inquiring into immigration status - are associated with post-hoc increases in crime. We employ a causal inference matching strategy to compare similarly situated cities where key variables are the same across the cities except the sanctuary status of the city. We find no statistically discernible difference in violent crime rate, rape, or property crime across the cities. Our findings provide evidence that sanctuary policies have no effect on crime rates, despite narratives to the contrary. The potential benefits of sanctuary cities, such as better incorporation of the undocumented community and cooperation with police, thus have little cost for the cities in question in terms of crime. Details: Riverside, CA: Collingwood Research, 2016. 52p. Source: Internet Resource: Accessed May 2, 2017 at: http://www.collingwoodresearch.com/uploads/8/3/6/0/8360930/shelter_nopols_blind_final.pdf Year: 2016 Country: United States URL: http://www.collingwoodresearch.com/uploads/8/3/6/0/8360930/shelter_nopols_blind_final.pdf Shelf Number: 145231 Keywords: Illegal ImmigrantsImmigrantsImmigration PolicySanctuary CitiesUndocumented Migrants |
Author: Barciela,Franco Title: Broward Transitional Center: A 'Model' for Civil Detention Summary: When Immigration and Customs Enforcement (ICE) announced plans to reform our nation's troubled immigrant detention facility in 2009, ICE promoted the Broward Transitional Center (BTC) as a model for "civil" detention. ICE Chief John Morton noted that BTC only housed nonviolent detainees, among them asylum seekers. An ICE detention reform list of accomplishments further noted that BTC "offers a less restrictive, yet secure environment." AI Justice's response, as then noted in the New York Times, remains unchanged. BTC may offer a better environment than a local jail, but the vast majority of its detainees have committed no crimes or only minor infractions. They are precisely the population that ICE should release: people who pose no threat to their communities and should not be locked up in detention, even if it is a less punitive detention. Ensuring that ICE does not detain people needlessly is particularly urgent now, as immigration reform is percolating in Congress. Even as we were finalizing this report, ICE was releasing thousands of immigrant detainees across the nation because of looming federal budget cuts triggered by sequestration. Details: Miami, FL: Americans for Immigrant Justice, 2013. 72p. Source: Internet Resource: Accessed May 5, 2017 at: http://d3n8a8pro7vhmx.cloudfront.net/aijustice/pages/284/attachments/original/1390429868/BTC-A-Model-for-Civil-Detention.pdf?1390429868 Year: 2013 Country: United States URL: http://d3n8a8pro7vhmx.cloudfront.net/aijustice/pages/284/attachments/original/1390429868/BTC-A-Model-for-Civil-Detention.pdf?1390429868 Shelf Number: 145321 Keywords: Asylum SeekersImmigrant DetentionImmigrantsImmigration EnforcementImmigration PolicyUndocumented Immigrants |
Author: Anderson, Jill Title: Bilingual, Bicultural, Not Yet Binational: Undocumented Immigrant Youth in Mexico and the United States Summary: An entire generation of children, adolescents and young adults has been caught in the crucible of increasing criminalization of immigrants coupled with neoliberal globalization policies in Mexico and the United States. These are first- and second-generation immigrant youth who are bicultural, often bilingual, but rarely recognized as binational citizens in either of their countries. In the United States, Mexican immigrants account for an estimated 28 percent of the immigrant population (the largest origin group) and 56 percent among the undocumented immigrant population (Zong and Batalova 2016). Since 2005, an estimated two million Mexicans have returned to Mexico after having lived in the United States, including over 500,000 U.S.-born children (Gonzalez-Barrera 2015, Jacobo and Espinosa 2015). As of 2005, the population of Mexican-origin immigrant youth in the United States (first- and second-generation) reached an estimated 6.9 million. They have come of age in conditions of extreme vulnerability due to their undocumented status or the undocumented status of their parents. As of 2015, about 10 percent of the undocumented bicultural immigrant youth population has significant although precarious legal protections under Deferred Action for Childhood Arrivals (DACA) while a little over 15 percent of Mexican-American immigrant youth now live in conditions of exile from the United States under automatic bans assigned to them or their caretakers post-deportation and return. The majority of undocumented immigrant youth live in the United States within the legal limbo between the two possibilities of "protected status" and "exile," but under the constant threat of the latter. A crisis of terms and a scarcity of accurate, quantitative data about undocumented, mixed-status, and in particular, deported/returning immigrants continue to challenge efforts to articulate and advocate for adequate public policies. We do know that the returning population since 2005 is younger, returns as a part of a family unit, returns under duress, has spent more years in the United States, and is predominately male. The challenges that immigrant youth face in the aftermath of deportation and return are varied. Emotional distress, post-traumatic stress syndrome, depression and alienation are commonly described as key factors during the first months to years of return. These young people have experienced family separation, a sense of alienation, and human rights violations during detention and deportation. Systemic and inter-personal discrimination against deportees and migrants among the non-migrant population in Mexico can make an already challenging situation more difficult. For some, an accent, a lack of language proficiency in Spanish, and/or tattoos make it difficult to "blend in," find jobs, or continue their studies. In addition to emotional and socio-cultural stress, there are also facing systemic educational, employment and political barriers to local integration and stability. The Mexican federal government's response to its returning citizens has exclusively emphasized crisis-management during the initial days of return and has been characterized by an ad hoc response: re-naming old programs as opposed to re-imagining and adapting them to a decidedly new paradigm. This paper gestures towards an alternative. The Mexican government can build on the constructive and successful models of policy design, programming and implementation within the Ministry of Foreign Relations (SRE) and the Institute for Mexicans Abroad (IME) amongst Mexican immigrants in the United States over the last twenty years. By replicating initiatives first taken abroad, the 45 SRE delegation offices across Mexico that are primarily dedicated to passport services might begin to collaborate with returning immigrant families and local institutions to include services that also support integration via legal identity, education, employment, public health, and cultural activities. Just as consulates across the United States have evolved to include and respond to the needs of immigrants and local institutions in the United States, the SRE delegation offices in Mexico can evolve with a focus on return immigrant families in their local and global contexts. Furthermore, the U.S. and Mexican governments must collaborate on a multi-year binational commission of government actors, civil society leaders, academics, and members of transnational mixed-status immigrant families to produce a broad quantitative study of transnational families using differentiated indicators such as age, gender, sexual orientation, ethnicity/race, language(s), self-proscribed identity, immigration status, educational aspirations, and public health. This study must move beyond, although not away from the emphasis on pathways to citizenship for Mexican immigrants in the United States, to focus on family reunification, education, and legal mobility for transnational families in transnational contexts. Bicultural immigrant youth are an integral part of mixed-status transnational families who increasingly have members on both sides of the militarized U.S.-Mexico border. They need public policies that are crafted in terms of the recognition, unification (temporary or permanent) and integration of their families. Furthermore, their integration into the community of their choice must be predicated upon access to education (including higher education), employment, and international mobility as bi-national citizens. By re-framing the debate over immigration as a broader conversation about the constellation of public policy reforms needed to govern transnational movement and citizenship in the twenty-first century, we can better articulate just what is at stake in a major historical shift that has only begun. Details: Washington, DC: Wilson Center, Mexico Institute, 2016. 47p. Source: Internet Resource: Accessed May 8, 2017 at: https://www.wilsoncenter.org/sites/default/files/bilingual_bicultural_not_yet_binational_undocumented_immigrant_youth_in_mexico_and_the_united_states.pdf Year: 2016 Country: Mexico URL: https://www.wilsoncenter.org/sites/default/files/bilingual_bicultural_not_yet_binational_undocumented_immigrant_youth_in_mexico_and_the_united_states.pdf Shelf Number: 145354 Keywords: Criminalization of ImmigrantsImmigrant YouthImmigrantsImmigrationMigrantsUndocumented Immigrants |
Author: Fair Punishment Project Title: The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in an Era of Mass Deportation Summary: While many officials champion their status as "sanctuary cities" and have taken meaningful steps to protect immigrant communities, sweeping criminal laws in these places leave many immigrants trapped within an arm's reach of deportation. President Trump intends to use local criminal justice systems to deport as many non-citizens as resources will allow. Local officials - mayors, city council members, county commissioners, prosecutors, and the police - now have a critical opportunity to thwart his plans and acknowledge the inextricable link between the deportation pipeline and the criminal justice system, and to finally reform their criminal justice systems. It is already smart policy to stop sending people to jail en masse; localities' punitive policies disproportionately send people of color, including immigrants, to languish in jail or prison. But to make good on their laudable sanctuary goals, local officials must heed the advice of criminal justice reformers, immigration advocates, and their communities, and institute sweeping change. This report is a collaboration between the Fair Punishment Project and the Immigrant Defense Project, with the support of the Immigrant Legal Resource Center. Together, we hope that our breadth of experience can help advance the conversation that has already started about the intersection between criminal justice and President Trump's immigration policies. In this report, we first explain the various ways that non-citizens are trapped in the deportation web, starting with arrest. We then offer concrete reform proposals that officials at every level of city and county government can implement. Details: Cambridge, MA: Fair Punishment Project, 2017. 35p. Source: Internet Resource: Accessed May 17, 2017 at: https://www.ilrc.org/sites/default/files/fpp-sanctuary-cities-report-final.pdf Year: 2017 Country: United States URL: https://www.ilrc.org/sites/default/files/fpp-sanctuary-cities-report-final.pdf Shelf Number: 145543 Keywords: Criminal Justice ReformIllegal ImmigrantsImmigrant DeportationImmigrantsImmigrationSanctuary CitiesUndocumented Migrants |
Author: European Network of Statelessness Title: Protecting Stateless Persons from Arbitrary Detention: Agenda for Change Summary: The increasing use of immigration detention and the growing criminalisation of irregular migration are concerning global and European trends, which result in more people being detained for reasons that are unlawful or arbitrary. These trends are particularly concerning for stateless people or those who may be at risk of statelessness, as they are often trapped in systems that criminalise their irregular migration status and subject them to ongoing detention without offering them any real prospects for adjusting their status or availing themselves of a nationality. While immigration detention is a significant area of general concern to stateless people, the unique barriers to removal faced by stateless people and those at risk of statelessness, put them at particular risk of unlawful or arbitrary detention in the context of removal procedures. As the European Court of Human Rights (ECtHR) held in Kim v Russia, a stateless person is highly vulnerable to being "simply left to languish for months and years...without any authority taking an active interest in [their] fate and well-being". Although there are other important circumstances in which stateless persons may be detained, which merit further attention (for example under criminal law, national security, or in asylum procedures), the research findings emerging from this project shone a light on the specific vulnerabilities faced by stateless people in removal procedures. This is therefore the focus of this agenda for change. It is hoped that reform in this area can act as a catalyst for change more widely, leading to effective mechanisms for the prevention of arbitrary immigration detention and contributing to a shift towards alternatives to detention across the region. Stateless people will only be protected from arbitrary detention if authorities recognise and act upon the specific rights of the stateless in international law on the one hand, and the fundamental right to liberty and security of the person, on the other. The research found that states are largely failing to acknowledge the vulnerabilities associated with statelessness, to put in place effective procedures to identify statelessness and to protect stateless people, leading to a failure to prevent their arbitrary detention. Recognising these rights and vulnerabilities, and taking steps to identify statelessness, will help to guard against arbitrary deprivation of liberty. Europe urgently needs to foster change on the issue of immigration detention. Regional advocacy is shifting towards recognising the harm inflicted by immigration detention and a consensus is emerging among civil society actors as well as UNHCR, the Council of Europe, and national governments, that there is a need to expand and improve alternatives to detention. The output from this project serves as a further indictment of the failings of Europe's detention regimes. Drawing on evidence from two years of research into statelessness and immigration detention in the region, and the law, policy, and practice in six diverse countries (Bulgaria, Malta, the Netherlands, Poland, the UK and Ukraine), this report now presents an agenda for change at national and regional levels. Promoting both the protection of individuals' human rights and the development of fairer and more efficient systems, this report is intended as a tool for civil society to advocate for change and for policy makers to effect sustainable reform. Part I reflects on the current reality in Europe, highlighting the most fundamental challenges that emerged from the research and which need to be addressed. Part II looks ahead and further explores the change that needs to happen in key areas to achieve the goal of ending the arbitrary detention of stateless persons or those at risk of statelessness in Europe. Part III summarises the key recommendations and sets out an advocacy agenda. At the end of the report there is a short glossary of key terms and a list of key resources including links to each of the country reports and the Regional Toolkit for Practitioners, where more detailed analysis of the relevant legal and policy frameworks can be found, as well as other useful external resources on detention and statelessness. If achieved, the reforms set out here will not only bring law, policy, and practice in Europe more in line with international human rights standards, but it will also bring the wider benefits of fairer and more efficient systems to governments and communities across the region. Details: London: European Network on Statelessness, 2017. 24p. Source: Internet Resource: Accessed June 15, 2017 at: http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agenda_online.pdf Year: 2017 Country: Europe URL: http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agenda_online.pdf Shelf Number: 146184 Keywords: Arbitrary DetentionAsylum SeekersIllegal ImmigrantsImmigrant DetentionImmigrants |
Author: Blitza, Dimitra Title: Criminal Records and Immigration: Comparing the United States and the European Union Summary: As the revolution in information technology has made individual criminal history records more comprehensive, efficient and retrievable, an individual's criminal history has become increasingly significant, triggering a broad and severe range of collateral consequences. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear a criminal stigma. In debates in the United States over immigration reforms, even those politicians and legislators who advocate more liberal immigration policies generally concede the desirability of excluding those with serious criminal records from eligibility for new benefits or status. In the European Union, by contrast, although a criminal record may impact an individual's ability to travel to or reside in a European Union country, it is not as readily dispositive of immigration outcomes. As immigration policy evolves on both sides of the Atlantic, a key question for policymakers is about whether we screen for criminal records in order to protect the public safety or as a way to mark those with criminal records as somehow less deserving of immigration rights and benefits. This article details and compares the ways that the United States and the European Union use criminal records (including both conviction records and, in the U.S., some arrest records) for immigration purposes. The article also outlines guidance for policymakers in both jurisdictions. Details: New York: New York University School of Law, 2015. 41p. Source: Internet Resource: NYU School of Law, Public Law Research Paper No. 15-59: Accessed June 17, 2017 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2700688 Year: 2015 Country: International URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2700688 Shelf Number: 146228 Keywords: Criminal RecordsImmigrantsImmigration EnforcementImmigration Policy |
Author: Scalabrini Migration Study Centers Title: International Migration Policy Report: Responsibility Sharing for Large Movements of Refugees and Migrants in Need of Protection Summary: The 2017 International Migration Policy Report is the first in an expected series of annual reports on international migration policy and refugee protection by the global network of think tanks or study centers founded by the Congregation of the Missionaries of St. Charles - Scalabrinians. These institutions are members of the Scalabrini International Migration Network (SIMN). The Scalabrini migration study centers consist of the Center for Migration Studies of New York (CMS) in the United States, the Scalabrini Migration Center (SMC) in the Philippines, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in South Africa, the Centro de Estudios Migratorios Latinoamericanos (CEMLA) in Argentina, the Centro de Estudios Migratorios (CEM) in Brazil, the Centre d'Information et d'Etudes sur les Migrations Internationales (CIEMI) in France, and the Centro Studi Emigrazione Roma (CSER) in Italy. The purpose of these reports will be to focus on pressing global migration and refugee protection challenges in all parts of the world and to offer policy suggestions to address them. The inaugural issue will focus on global responsibility sharing for large movements of refugees and migrants, a timely issue given the recent adoption of the New York Declaration on the Large Movement of Refugees and Migrants at the United Nations. This report also considers some of the issues which should be addressed during the deliberations on the Global Compact on Responsibility Sharing for Refugees and the Global Compact on Safe, Orderly, and Regular Migration. In his address to the members of the diplomatic corps accredited to the Holy See in January of 2016, His Holiness Pope Francis spoke of the connectedness between nations and how the global migration crisis can be solved only through the collaboration of the entire international community. "As things presently stand," the Holy Father said, "there is no place for autonomous solutions pursued by individual states, since the consequences of the decisions made by each inevitably have repercussions on the entire international community. Indeed, migrations, more than ever before, will play a pivotal role in the future of our world, and our response can only be the fruit of a common effort respectful of human dignity and the rights of persons." The 2017 International Migration Policy Report by the Scalabrini migration study centers explores the degree to which nations make "common effort" to address large movements of migrants and refugees around the world and recommends how they can collaborate more effectively. The papers in this volume are produced by Scalabrini study centers in Buenos Aires, Argentina; Cape Town, South Africa; Manila, Philippines; New York City, United States; Paris, France; Rome, Italy; and Sao Paulo, Brazil. They highlight and analyze large movements of refugees and migrants in their parts of the world: Africa, Asia, Europe, Latin America, and North America. They offer comprehensive policy responses to each of these movements, consistent with the protection of human rights and Catholic teaching. In his paper, Rohingyas: The People For Whom No One Is Responsible, Graziano Battistellia, c.s., executive director of SMC in Quezon City, Philippines, examines the plight of the Rohingya minority ethnic group in Myanmar, which has been persecuted over several decades by the Myanmar government and other actors. The paper provides a historic overview of the conflict in the region between the Rakhine and the Rohingya in Rahkine State, the long-standing patterns of discrimination against the Rohingya, and recent outflows of Rohingya from the region. It also critiques the global response to the outflows and the neglect which drives it. Finally, the author identifies the issues both in Rakhine State and internationally that should be addressed and offers policy suggestions to this ongoing humanitarian crisis based on a responsibility sharing model. Sergio Carciotto and Aquilina Mawadza of SIHMA in Cape Town, South Africa, address the humanitarian situation in South Sudan in their paper, South Sudan: A Young Country Divided by Civil War. The refugee crisis generated by the civil war is one of the most challenging on the African continent, according to the authors, with more than 1.6 million internally displaced and close to one million Sudanese refugees in neighboring countries, such as Ethiopia, Kenya, Uganda, the Democratic Republic of Congo, and the Central African Republic. More than 70 percent of the refugees are children. The authors trace the history of the conflict, which began in December 2013, examine the refugee population it has produced, analyze the regional and international response to the humanitarian crisis, and offer recommendations for action and the need for responsibility sharing among the global community. In their paper, Politics and Responsibility Sharing in Facing the Migration Crisis in Europe, Luca Marin of CIEMI in Paris, Fr. Aldo Skoda Pashkja, executive director, and Carola Perillo, research director, of the CSER of Rome, and Mattia Vitiello, researcher of the Institute for Research on Population and Social Policies in Rome, look at the crisis in responsibility sharing in Europe which led hundreds of thousands of refugees from the Middle East and Africa to enter Europe in 2015 and 2016. The authors give an overview of the situation of refugees in the European Union (EU), the patterns of migration leading to Europe, the political response from the EU, and recommendations for action. The EU provides the structure for responsibility sharing which, the authors point out, is not being utilized. Security is one reason behind this lack of cooperation, but a fear of being overwhelmed by the number of arrivals and changes to the composition of their countries and the European continent is another. The authors also discuss the need for effective integration policies to address these concerns. Turning to the Americas, similar patterns of migration emerge. In their article, The Challenges of Migration Trends and Shared Responsibility in Latin America and the Caribbean, Jorge Martinez of CEMLA in Buenos Aires, and Ernesto Rodriguez Chavez of CEM in SAo Paulo, look at Latin American and Caribbean migration trends, the forces behind them, and how nations have responded to these migration patterns. The authors point to poverty, endemic violence in Central America and parts of South America, and natural disasters as forces pushing migrants in the hemisphere and suggest that current international instruments, if honored, could help alleviate the situation. These include the New York Declaration on the Large Movements of Refugees and Migrants, the Montevideo Consensus on Population and Development, and the Agenda 2030 and its Sustainable Development Goals, among others. Looking at North America, Kevin Appleby, senior director for International Migration Policy for SIMN and CMS, writes about large refugee and migrant populations arriving at the US border and how the US and Mexico, along with other nations in the region, have responded to them. Appleby examines the flow of unaccompanied minors and families from the Northern Triangle of Central America - Honduras, El Salvador, and Guatemala - which began in earnest in 2014 and how the policy deployed by the United States and Mexico to deter the flow has failed. He offers recommendations to shift the US policy from one of deterrence to protection. The paper, entitled Knocking on the Door: Vulnerable Populations at the US-Mexico Border, also looks at the large number of Cubans fleeing persecution in their homeland and Haitians fleeing persecution and natural disasters in Haiti. Populations from Africa, Asia, and the Near East have also arrived at the US-Mexico border in large numbers. Appleby points out that the groups at the US-Mexico border are seeking asylum in the United States, not looking to enter the country illegally. Each of the papers in this volume analyzes a regional migration crisis and discusses how it should be addressed through regional and international arrangements. It is hoped that these studies will lead to a formula or a set of model policies and responses that can be usefully employed in situations of displacement throughout the world. Details: New York: Center for Migration Studies of New York. 2017. 104p. Source: Internet Resource: Accessed June 24, 2017 at: http://cmsny.org/wp-content/uploads/2017/06/International-Migration-Policy-Report-2017-6.3.pdf Year: 2017 Country: International URL: http://cmsny.org/wp-content/uploads/2017/06/International-Migration-Policy-Report-2017-6.3.pdf Shelf Number: 146366 Keywords: Asylum Seekers Illegal Immigration ImmigrantsImmigration Migrants Refugees |
Author: Leyro, Shirley P. Title: The Fear Factor: Exploring the Impact of the Vulnerability to Deportation on Immigrants' Lives Summary: This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant's life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant's degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 individual in-depth interviews, all with noncitizen immigrants. The findings reveal several ways in which the vulnerability to deportation impacted noncitizen immigrants' lives: the fear of deportation produces emotional and psychological distress, which leads immigrants to have negative perceptions of reception into the United States, all which create barriers to integration. In addition, the findings reveal that the fear of deportation and the resulting psychological distress constitutes a form of legal violence. Legal violence is an emerging framework by Menjivar & Abrego (2012) that builds upon structural and symbolic violence, and refers to state-sanctioned harm perpetuated against immigrants via harsh immigration laws. The fear of deportation, combined with the structural reality of legal violence, creates an environment that impedes integration. The effect of deportability on immigrants' lives is of interest on the level of both individual integration and community cohesion. Details: New York: City University of New York, 2017. 196p. Source: Internet Resource: Dissertation: Accessed July 29, 2017 at: http://academicworks.cuny.edu/gc_etds/1681/ Year: 2017 Country: United States URL: http://academicworks.cuny.edu/gc_etds/1681/ Shelf Number: 146609 Keywords: DeportationImmigrantsImmigration and CrimeImmigration EnforcementImmigration PolicyUndocumented Immigrants |
Author: Decker, Scott H. Title: Immigration and Local Policing: Results from a survey of Law Enforcement Executives in Arizona Summary: In the past several decades, the number of immigrants in the United States who lack legal documentation has grown to unprecedented levels - approximately twelve million, according to recent estimates (Passel 2006) - and so has controversy surrounding their settlement in American communities. Many immigrants are choosing new destinations. Cities, suburbs, and rural communities in parts of the country that have not traditionally hosted large numbers of immigrants are now more on par with traditional gateway cities like Los Angeles, New York, and Chicago (Zuniga and Hernandez-Leon 2005). As evidence of this dramatic shift, the Mexican immigrant population (both legal and undocumented) in "new gateway" states grew dramatically between 1990 and 2000: 200-400 percent in New York, Pennsylvania,Washington, and Wisconsin; 645 percent in Utah; 800 percent in Georgia; 1000 percent in Arkansas and Minnesota; and over 1800 percent in North Carolina, Tennessee, and Alabama (Zuniga and Hernandez-Leon 2005, p. xiv). With immigrant settlement patterns shifting, undocumented immigration has become even more of a hot-button political issue. An increasing number of state and local governments are asking police to take a more active role in identifying and arresting immigrants for civil immigration violations. Two federal statutes adopted in 1996 created opportunities for this partnership between federal immigration agents and local police. The Antiterrorism and Effective Death Penalty Act (AEDPA) gives local police the authority to arrest previously deported non-citizen felons, and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) authorizes training of local and state police to enforce federal immigration laws. Details: Tempe, AZ: Arizona State University, 2008. 11p. Source: Internet Resource: Accessed August 25, 2017 at: https://www.policefoundation.org/wp-content/uploads/2015/06/Appendix-G_0.pdf Year: 2008 Country: United States URL: https://www.policefoundation.org/wp-content/uploads/2015/06/Appendix-G_0.pdf Shelf Number: 130022 Keywords: Illegal ImmigrantsImmigrantsImmigration Enforcement |
Author: Laczko, Frank Title: Fatal Journeys, Volume 3, Part 1. Improving Data on Missing Migrants Summary: Since 2014, more than 22,500 migrant deaths and disappearances have been recorded by the International Organization for Migration globally. The real figure could be much higher, but many deaths are never recorded. Fatal Journeys Volume 3 - Part 1 provides a global review of existing data sources, and illustrates the need for improvements in the ways that data on missing migrants are collected, analysed and communicated. The report highlights three key ways in which to improve the collection, sharing and reporting of data on missing migrants. First, a growing number of innovative sources of data on missing migrants, such as "big data", could be used to improve data on migrant fatalities. Second, much more could be done to gather data to increase identification rates, such as developing intra-regional mechanisms to share data more effectively. Third, improving data on missing migrants also requires more thought and improved practice in the use and communication of such data. Improving information and reporting on who these missing migrants are, where they come from, and above all, when they are most at risk, is crucial to building a holistic response to reduce the number of migrant deaths. Details: Geneva, SWIT: International Organization for Migration, Global Migration Data Analysis Centre, 2017. 136p. Source: Internet Resource: Accessed September 16, 2017 at: https://publications.iom.int/books/fatal-journeys-volume-3-part-1-improving-data-missing-migrants Year: 2017 Country: International URL: https://publications.iom.int/books/fatal-journeys-volume-3-part-1-improving-data-missing-migrants Shelf Number: 147358 Keywords: Illegal Immigration ImmigrantsMigrant Deaths Migrants |
Author: White, Ariel R. Title: Voter Behavior in the Wake of Punitive Policies Summary: Millions of people in the US have direct experience with the machinery of immigration enforcement or criminal courts, and millions more have seen family members, friends, or neighbors face these experiences. What do these experiences mean for political behavior in the United States? Do these proximate observers decide that government is a dangerous and capricious force to be avoided, and withdraw from political participation entirely? Or is there sometimes a mobilization response, where some people organize to push back against what they see as unjust government actions? This is an important policy feedback story. Large-scale punitive policies could either "lock themselves in" via community disengagement, or hasten their own demise by fueling political responses. The three papers of this dissertation examine policies at varying distances (people living in an area where the policy is introduced, those directly affected, and those living with people directly affected), and with different time-frames and geographic coverage. The results of these papers, and the approach of using administrative datasets and finding causal leverage from "natural experiments," point us toward a new understanding of policy feedbacks. In the first paper, I find that Latino voters living in counties where a new deportation program was introduced before the 2010 election became more likely to vote. This effect seems driven not by personal experience seeing deportation activities, but by activists mobilizing voters in affected counties. In the second paper, I use random courtroom assignment to measure the causal effect of short jail sentences (from misdemeanor cases) on voting. I find that even short jail sentences can deter people from voting in the next election, with particularly large effects among black voters. In the third paper, I find that the household members of incarcerated people also become several percentage points less likely to vote. This finding is particularly striking given the narrow scope of the effect measured: this is only the additional effect of seeing a household member jailed for a short period, among a set of people that have already seen their household member arrested and charged with a crime. Details: Cambridge, MA: Harvard University, 2016. 127p. Source: Internet Resource: Dissertation: Accessed September 19, 2017 at: https://dash.harvard.edu/bitstream/handle/1/33493481/WHITE-DISSERTATION-2016.pdf?sequence=1 Year: 2016 Country: United States URL: https://dash.harvard.edu/bitstream/handle/1/33493481/WHITE-DISSERTATION-2016.pdf?sequence=1 Shelf Number: 147411 Keywords: Collateral ConsequencesDeportation PolicyFelony DisenfranchisementImmigrantsImmigration EnforcementPoliticsVoting Rights |
Author: Harrington, Ben Title: Overview of the Federal Government's Power to Exclude Aliens Summary: The Supreme Court has determined that inherent principles of sovereignty give Congress "plenary power" to regulate immigration. The core of this power - the part that has proven most impervious to judicial review - is the authority to determine which aliens may enter the country and under what conditions. The Court has determined that the executive branch, by extension, has broad authority to enforce laws concerning alien entry mostly free from judicial oversight. Two principles frame the scope of the political branches' power to exclude aliens. First, nonresident aliens abroad cannot challenge exclusion decisions because they do not have constitutional or statutory rights with respect to entry. Second, even when the exclusion of a nonresident alien burdens the constitutional rights of a U.S. citizen, the government need only articulate a "facially legitimate and bona fide" justification to prevail against the citizen's constitutional challenge. The first principle is the foundation of the Supreme Court's immigration jurisprudence, so well established that the Court has not had occasion to apply it directly in recent decades. The second principle, in contrast, has given rise to the Court's modern exclusion jurisprudence. In three important cases since 1972 - Kleindienst v. Mandel, Fiallo v. Bell, and the splintered Kerry v. Din - the Court applied the "facially legitimate and bona fide" test to deny relief to U.S. citizens who claimed that the exclusion of certain aliens violated the citizens' constitutional rights. In each case, the Court accepted the government's stated reasons for excluding the aliens without scrutinizing the underlying facts. This deferential standard of review effectively foreclosed the U.S. citizens' constitutional challenges. Nonetheless, the Court refrained in all three cases from deciding whether the power to exclude aliens has any limitations. Particularly with regard to the executive branch, the Court left an unexplored margin at the outer edges of the power. In March 2017, President Trump issued an executive order temporarily barring many nationals of six Muslim-majority countries and all refugees from entering the United States, subject to limited waivers and exemptions. This order replaced an earlier executive order that a federal appellate court had enjoined as likely unconstitutional. Upon challenges brought by U.S. citizens and entities, two federal appellate courts determined that the revised order is likely unlawful, one under the Establishment Clause of the First Amendment and the other under the Immigration and Nationality Act (INA). The Supreme Court agreed to review those cases and, for the meantime, has ruled that the Executive may not apply the revised order to exclude aliens who have a "bona fide relationship" with a U.S. person or entity. In reaching this interim solution, the Supreme Court considered only equitable factors and carefully avoided any discussion of the merits of the constitutional and statutory challenges against the revised order. Even so, the Court's temporary restriction of the executive power to exclude nonresident aliens abroad is remarkable when compared with the Court's earlier immigration jurisprudence. The merits of these so-called "Travel Ban" cases raise significant questions about the extent to which the rights of U.S. citizens limit the executive power to exclude aliens. It seems relatively clear that, under existing jurisprudence, the "facially legitimate and bona fide" standard should govern the Establishment Clause claims against the revised executive order. However, Supreme Court precedent does not clarify whether that standard contains an exception that might permit courts to test the government's proffered justification for an exclusion by examining the underlying facts in particular circumstances. Nor does Supreme Court precedent resolve whether the standard governs U.S. citizens' statutory claims against executive exercise of the exclusion power, or even whether such statutory claims are cognizable. The outcome of the Travel Ban cases would likely turn upon these issues, if the Supreme Court were to decide the cases on the merits rather than on a threshold question such as mootness (a key issue in light of a presidential proclamation modifying the entry restrictions at issue in the cases). Details: Washington, DC: Congressional Research Service, 2017. 45p. Source: Internet Resource: CRS Report R44969: Accessed October 4, 2017 at: https://fas.org/sgp/crs/homesec/R44969.pdf Year: 2017 Country: United States URL: https://fas.org/sgp/crs/homesec/R44969.pdf Shelf Number: 147541 Keywords: ImmigrantsImmigration EnforcementImmigration PolicyRefugees |
Author: Collingwood, Loren Title: Public Opposition to Sanctuary Cities in Texas: Criminal Threat or Latino Threat? Summary: Sanctuary city policies forbid local officials and law enforcement from inquiring into residents' immigration status. Opponents of sanctuary cities, such as President Donald Trump, Attorney General Jeff Sessions, and Texas Governor Gregg Abbott, frequently claim that sanctuary policies lead to higher crime rates, despite evidence to the contrary (Gonzalez et al., 2017; Lyons et al., 2013; Wong, 2017). Given this crime narrative, we might expect public opinion about sanctuary cities to be driven primarily by concern of and contextual experience with crime. However, given that sanctuary cities are associated with undocumented immigration, and that undocumented immigration is inextricably linked to Latino - and specifically Mexican - immigration, public opinion on sanctuary cities may instead be driven by experiences with racial and cultural threat embodied by rapid Latino growth. We analyze two polls from Texas, a state where the sanctuary debate is highly salient - not only because of its long border with Mexico, but because its governor has fought against such cities, signing highly controversial legislation. We find that opinion on sanctuary cities is unrelated to respondents' county crime rates but is strongly related to county Latino growth and Latino population size. We find some evidence that sanctuary city opinion is related to individual concerns about both immigration and crime. Overall, beyond partisan and ideological staples, we conclude that opinion on sanctuary cities is driven primarily by racial threat and not by actual crime exposure. Details: Riverside, CA: Collingwood Research, 2017. 43p. Source: Internet Resource: Accessed December 1, 2017 at: http://www.collingwoodresearch.com/uploads/8/3/6/0/8360930/collingwood_gonzalez_final.pdf Year: 2017 Country: United States URL: http://www.collingwoodresearch.com/uploads/8/3/6/0/8360930/collingwood_gonzalez_final.pdf Shelf Number: 148666 Keywords: Illegal ImmigrantsImmigrantsImmigration EnforcementImmigration PolicySanctuary CitiesUndocumented Immigrants |
Author: Grimes, Mark Title: Reasons and Resolve to Cross the Line: A Post-Apprehension Survey of Unauthorized Immigrants along the U.S.-Mexico Border Summary: To better understand the histories and motivations of immigrants who attempt to cross the U.S.-Mexico border without authorization, researchers with the National Center for Border Security and Immigration (BORDERS) interviewed 1,000 detainees in the U.S. Border Patrol Tucson Sector during the summer of 2012. Survey approach - The research team used a 38-question sur vey (Appendix A) administered by bilingual inter viewers to learn about the detainees' characteristics, their current and previous border crossing attempts, and their reasons for crossing. Overarching questions - To address the primar y goal of the study, all sur vey questions were related to two principal questions: (1) Do you think you will attempt to cross again in the next seven days? (2) Do you think you will return to the U.S. someday? Interview safeguards and assurances - To encourage truthful responses, the interviewers assured the individuals that their responses would remain anonymous, that the inter viewers did not work for the Border Patrol, that individual sur vey results would not be shared with the Border Patrol, that the individuals' answers would not influence legal or administrative outcomes, and that the individuals could skip any question or could conclude the interview at any point. Cross-check of data veracity - To cross-check the veracity of the data, responses to two questions-date of birth and number of previous apprehensions-were compared with fingerprint verified data from the Border Patrol. SUMMARY OF FINDINGS - What are the motivations for crossing? This study found that work and the existence of family in the United States are the primary motivations for individuals who attempt to enter the country without authorization. Which persons will attempt to reenter? According to this study, in general, detainees who are more likely to attempt to re-cross the border are those that: - have relatives or friends in the United States, - have a job in the United States, - have relatively more education than other detainees, - live in the United States (or consider the United States home), - are relatively familiar with crossing options and dangers, and/or - have made relatively more attempts at crossing. What are the effects of the consequences of apprehension? For individuals with motivations listed above, the consequences of apprehension do not seem to be a major deterrent. Details: Tucson: University of Arizona, National Center for Border Security and Immigration, 2013. 27p. Source: Internet Resource: Accessed February 2, 2018 at: http://www.borders.arizona.edu/cms/sites/default/files/Post-Aprehension-Survey-REPORT%20may31-2013_0.pdf Year: 2013 Country: United States URL: http://www.borders.arizona.edu/cms/sites/default/files/Post-Aprehension-Survey-REPORT%20may31-2013_0.pdf Shelf Number: 148983 Keywords: Border SecurityIllegal ImmigrantsImmigrants |
Author: Malhotra, Anjana Title: Ironbound Underground: Wage Theft and Workplace Violations Among Day Laborers in Newark's East Ward Summary: Day laborers are workers who are employed on a day-by-day, temporary basis. Each morning, at informal hiring sites throughout the country known as "shape-up sites," day laborers and employers negotiate short-term employment arrangements in an "open-air market." For employers, these day labor markets provide easy access to a large pool of workers that they can hire when needed and release them when not. While there is limited official information on the nature and size of the day laborer workforce, the United States Government Accounting Office ("U.S. GAO") and the 2004 National Day Labor Survey indicate that the day laborer community consists of mostly males with limited English proficiency that have recently migrated to the United States. Government reports and national surveys indicate that on any given day there are approximately 117,600 to 260,000 day laborers looking for work in the United States. Day laborers work in many different industries, including manual labor, construction, landscaping, moving, and food services. Homeowners also frequently employ day laborers for simple maintenance and home improvement projects. In the State of New Jersey, day laborers are entitled to the same legal protections that apply to all workers, regardless of immigration status. However, both federal government reports and the New Jersey Governor's Blue Ribbon Advisory Panel on Immigrant Policy have found that day laborers are among the most economically vulnerable workers. Day laborers are exposed to workplace abuses because they are often unaware of their rights, fearful of complaining to authorities, have limited English proficiency, and work in high risk jobs. U.S. government reports have also found that due to inadequate data on day laborers, state and local government agencies responsible for enforcing workplace laws have failed to appropriately investigate workplace violations or enforce day laborers' workplace rights. This report attempts to fill this information gap by profiling for the first time, the large contingent of day laborers that congregate daily in the Ironbound section of Newark to look for work. Following intake, and know your rights sessions, the Immigrant Workers' Rights Clinic ("IWR Clinic") at Seton Hall University Law School's Center for Social Justice systematically investigated and analyzed the status of day laborers in the Ironbound section of Newark for this comprehensive report. Between February and April 2010, the IWR Clinic under supervision of Anjana Malhotra and Bryan Lonegan studied the problem by engaging directly with community leaders, government officials, police officers, business owners, national and local experts, and the day laborers themselves. The IWR Clinic observed and documented conditions at the Ironbound site where workers gather for work each morning on a daily basis, regularly attended several of the day laborers' weekly meetings and conducted a survey of approximately half of the workers at the Ironbound site. As a result of its investigation, the IWR Clinic found that the Ironbound Day Laborers Endure a Significant Level of Workplace Violations, Especially in Wage Theft; the Financial Loss to the Workers Due to Wage Theft is Substantial; Workers Have Limited Recourse to Obtain Unpaid Wages; and Working Conditions and the Transient Nature of the Ironbound Shape-Up Site is Dangerous. Details: Newark: Seton Hall University School of Law, 2010. 28p. Source: Internet Resource: Seton Hall University School of Law 254274: Accessed February 14, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2413032 Year: 2010 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2413032 Shelf Number: 149148 Keywords: Day LaborersEconomic CrimesFinancial CrimesImmigrantsWage TheftWorker Exploitation |
Author: Provera, Mark Title: The Criminalisation of Irregular Migration in the European Union Summary: This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts. The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-a-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by an analysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions' authority to compel individuals to comply with the law (institutional legitimacy). The study finds that certain indicators question institutional legitimacy and reveals the varied nature and extent of penalties imposed by different member states. The paper concludes that there is an important role for public trust in immigration law compliance, not just in measures directed towards irregular migrants but also towards those acting in solidarity with irregular migrants. Details: Brussels: Centre for European Policy Studies, 2015. 53p. Source: Internet Resource: CEPS Paper in Liberty and Security in Europe, no. 80: Accessed March 15, 2018 at: https://www.ceps.eu/system/files/Criminalisation%20of%20Irregular%20Migration.pdf Year: 2015 Country: Europe URL: https://www.ceps.eu/system/files/Criminalisation%20of%20Irregular%20Migration.pdf Shelf Number: 149478 Keywords: Illegal ImmigrantsImmigrant DetentionImmigrantsImmigration EnforcementImmigration PolicyMigrants |
Author: University of Washington. Jackson School of International Studies Title: The Cycle of Violence: Migration from the Northern Triangle Summary: This report documents the brutal and pervasive abuses suffered by Central American migrants in efforts to seek refuge from gang and state violence, government corruption, social exclusion, and endemic poverty. The cyclical nature of this violence - that is, the tendency of its victims to be caught in a cycle of forced migration, deportation, and remigration - reflects that the involved governments have collectively failed in both resolving its underlying causes and stemming its devastating effects. For instance, reintegration programs that might afford deportees the opportunity to rebuild their lives are thoroughly lacking in the NTCA; and simultaneously, U.S. and Mexican immigration officials are routinely neglecting their legal obligations to screen apprehended migrants for asylum claims before summarily deported them. Our aim is to explicate factors such as these, which reveal long-standing patterns of impunity for criminal organizations and corrupt officials, negligence, and a lack of political will which perpetuate what has become a deepening cycle of human rights abuses. By using data from the cases of Salvadoran, Guatemalan, Honduran, and Mexican clients who sought legal counsel at El Rescate - as well as scholarly works, government figures, and the findings of various nongovernmental organizations - our report sheds light on the policies and practices that have systematically marginalized those compelled to flee the Northern Triangle. Details: Seattle: The School, 2017. 74p. Source: Internet Resource: Accessed April 27, 2018 at: https://digital.lib.washington.edu/researchworks/bitstream/handle/1773/38696/Cycle%20of%20Violence_Task%20Force%20Report%202017%20FINAL.pdf?sequence=4&isAllowed=y Year: 2017 Country: Central America URL: https://digital.lib.washington.edu/researchworks/bitstream/handle/1773/38696/Cycle%20of%20Violence_Task%20Force%20Report%202017%20FINAL.pdf?sequence=4&isAllowed=y Shelf Number: 149925 Keywords: DeportationGangsImmigrantsMigrationViolence |
Author: Bruni, Vittorio Title: Study on Migration Routes in West and Central Africa Summary: This report provides an overview of the complex migration trends in West and Central Africa. Based on a desk review of the existing literature and data, the report presents the main drivers and trends of migration in the region, the main routes migrants take to move from the region to get to Europe, migrant vulnerabilities, and the policy and programme responses to migration (multilateral and inter-regional frameworks, regional organizations, and bilateral agreements). The migration contexts of thirteen countries in West and Central Africa are examined: Burkina Faso, the Central African Republic, Chad, Gambia, Ghana, Guinea, Cote d'Ivoire, Mali, Mauritania, Nigeria, Nigeria, Senegal, and Sierra Leone. These countries are, to different extents, all origin, transit, and/or destination countries of migrants. In West and Central Africa, asylum seekers, refugees, and economic migrants move within the region and beyond it, motivated by different and often overlapping factors, including conflicts, political and socio-economic conditions, and environmental causes. Economic migrants, refugees, and asylum seekers, tend to use similar migration routes and modes of travel. Among the group of migrants originating from the focus countries there are also irregular migrants and victims of human trafficking. For most "irregular" West-African migrants, migration is "regular" in the sense that movements of citizens of the Economic Community of West African States (ECOWAS) are prescribed by the freedom of movement protocols of ECOWAS. However, while citizens in this region have the right to free movement, they often lack the correct or recognised documents for movement, making them "irregular" migrants in the region. Even with the ECOWAS free movement protocol in place, there are many barriers to regular migration for prospective migrants, including administrative and bureaucratic challenges and a lack of governmental ability to implement ECOWAS legislations. Corruption is also a major impediment to regular migration, as paying bribes to border patrols is, in many countries, an institutionalised norm. Bribes are often required even when migrants are in possession of proper documentation. Most migrants in the West and Central African region move within the region, and they largely do so by travelling by highways in private cars or buses. Contrary to popular belief, the minority of people that migrate from the region seek to reach Europe. Among those migrants that seek to reach Europe, most rely for the last part of their journey on smugglers that will bring them from some northern Nigerien or Malian cities to either Algeria or, more commonly, Libya. Generally, the complex nature of migration in the region makes it a challenge to identify different types of migrants and their specific vulnerabilities and needs. For these reasons, the flows of migration in the region are often referred to as mixed or complex migration. Details: Maastricht, Netherlands: Maastricht Graduate School of Governance, 2017. 170p. Source: Internet Resource: accessed April 27, 2018 at: https://www.merit.unu.edu/publications/uploads/1518182884.pdf Year: 2017 Country: Africa URL: https://www.merit.unu.edu/publications/uploads/1518182884.pdf Shelf Number: 149927 Keywords: Asylum SeekersBorder SecurityHuman TraffickingImmigrantsImmigration PolicyMigrantsRefugees |
Author: Marchand, Katrin Title: Study on Migration Routes in the East and Horn of Africa Summary: This report provides an overview of the complex mixed migration trends in the East and Horn of Africa. Based on a desk review of the existing literature and data on the main drivers and trends of migration in the region, the main routes, migrant vulnerabilities and needs as well as policy and programme responses to migration are presented. Specifically, the mixed migration context of eight countries in the East and Horn of Africa is examined: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan and Uganda. These countries are, to different extents, all origin, transit and/ or destination countries of migrants. In the East and Horn of Africa, asylum seekers, refugees and economic migrants move within the region as well as beyond for a variety of different factors, including conflicts, political and socio-economic conditions as well as environmental causes in their respective countries of origin. These migrants often use the same migration routes and modes of travel, including smugglers. In addition, victims of trafficking may also be among these migrants. Overall, this mixed nature of migration in the region makes it a challenge to identify different types of migrants and their specific vulnerabilities and needs. Drivers of Migration The factors that lead people to make the decision to migrate through both regular and irregular channels are often called the drivers of migration. This includes both voluntary and forced movements as well as temporary and permanent ones. The countries in the East and Horn of Africa share many characteristics, but differ in others. It can be said that the region as a whole faces challenges associated with low human and economic development. In addition, violent conflicts, political oppression and persecution are or have been main migration drivers in Ethiopia, Somalia, South Sudan and Sudan. In the case of Eritrea the obligatory national service requirements present another significant driver of migration. Environmental factors are also increasingly affecting countries in the region and impact peoples' livelihoods and migration decisions. Migration from Uganda and Kenya is mainly driven by economic factors. Often it is a mix of different factors that lead to the decision to migrate. It is important to keep in mind that even though the eight focus countries share some common drivers of migration the specific country context matters. Details: Maastricht, Netherlands: Maastricht Graduate School of Governance, 2017. 114p. Source: Internet Resource: Accessed April 27, 2018 at: https://www.merit.unu.edu/publications/uploads/1517475164.pdf Year: 2017 Country: Africa URL: https://www.merit.unu.edu/publications/uploads/1517475164.pdf Shelf Number: 149929 Keywords: Asylum Seekers Border Security Human TraffickingImmigrants Immigration Policy Migrants Refugees |
Author: New York Immigration Coalition Title: Swept Up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers Summary: T he United States is no stranger to the use of expansive profiling and discriminatory policing when facing real or perceived threats to national security. Whether it was the casting of Japanese Americans as traitors during World War II, civil rights leaders as radical threats to the country during the civil rights movement, Americans Muslims as national security threats after September 11th, or young black and brown men as criminals through stop-andfrisk policing-the use of fear and stereotypes to justify discriminatory tactics has repeatedly come at the expense of individuals' constitutional and civil rights. The end result? The dehumanizing of people of color, destabilizing of community structures, chilling of constitutionally protected speech and activity, and ultimately the mass incarceration and deportation of entire communities. The Trump administration has consistently sought to cast immigrants as threats to the economic and national security of the United States. And thus, MS-13, a gang born in the United States and grown in Central America, has become a favorite foil for President Donald Trump, as well as for Attorney General Jeff Sessions and White House Chief of Staff John Kelly. The Trump administration has taken a specific narrative course to elevate the status of MS-13 to a household name, responsible for invading armies of Central American migrants who are using supposed loopholes in immigration law to sow terror in the quiet American suburbs of Long Island. The problem is that the threat of MS-13 is purposely exaggerated to manipulate support for unfettered immigration enforcement in the name of gang-policing, without addressing the effectiveness of such policies or their devastating consequences-the large-scale detention and deportation of Latinx individuals. All empirical evidence shows that MS-13 on Long Island lacks basic organization and coordination. And while MS-13 is undoubtedly violent, the gang is not, by far, responsible for the majority of crimes committed on Long Island or, more broadly, in New York. The Trump administration has created and exploited public fear of MS-13 to further the Administration's own anti-immigrant agenda. Immigration and Customs Enforcement's (ICE) "Operation Matador" (Matador) launched in 2017 as part of "Operation Community Shield" specifically seeks to "target violent gang members and their associates." The most troubling aspect of Matador is that it leads to increased local law enforcement collaboration with ICE. This collaboration exponentially increases the devastating impacts of discriminatory policing by compounding it with immigration enforcement. Allegations of MS-13 affiliation or membership are routinely made by immigration officers, often without credible evidence or the possibility for an individual to challenge the designation. Schools, local police departments, and federal law enforcement agencies all communicate in secrecy and trap Central American migrants in a growing and obscure web of enforcement. By broadly casting immigrant Latin youth as gang members to be targeted for incarceration and deportation, even the outward pretense of basic rights and due process is pushed to the side. Gang policing, like unconstitutional stop-and-frisk policies, has disproportionately impacted black and brown men. Notoriously flawed and unregulated, gang databases have minimal inclusion criteria. Simply living in a building or even a neighborhood where there are gang members, wearing certain colors or articles of clothing, or speaking to people law enforcement believe to be gang members can lead to inclusion in a gang database. Often individuals do not know they have been listed in such a database, and no mechanism exists to challenge inclusion. Similar vague criteria, such as the apparel an individual wears or a drawing made in a notebook, are used to label Latinx youth and young men as gang affiliated and then to subsequently justify their arrest, detention and deportation. The Department of Homeland Security (DHS) does not need to make any showing of gang affiliation to initiate removal proceedings-being undocumented alone is a sufficient basis. Law enforcement agencies have every incentive to target suspected gang affiliates for deportation when they do not have evidence to make a criminal arrest. Further, since immigration proceedings are not subject to the same evidentiary standards as are required in the criminal context, immigration enforcement takes advantage of these lax standards and introduces allegations of gang involvement with little or no evidence. For those swept up by these overbroad allegations, the effect could be the denial of immigration benefits for which they are otherwise eligible, the denial of immigration bond, and ultimately deportation. To better understand how the Trump administration has used the pretext of gang enforcement to further its anti-immigrant policies, the New York Immigration Coalition (NYIC) and the City University of New York (CUNY) School of Law's Immigrant and Non-Citizen Rights Clinic (INRC) embarked on a survey (LE Interactions Survey) of legal service providers, community-based organizations, and community members in the New York City metro area, including Long Island, detailing how various immigration agencies have gone beyond the publicized gang sweeps and are in fact using gang allegations broadly in the immigration removal and adjudications process. Details: New York: The Coalition, 2018. 60p. Source: Internet Resource: Accessed May 23, 2018 at: http://www.thenyic.org/userfiles/file/SweptUp_Report_Final.pdf Year: 2018 Country: United States URL: http://www.thenyic.org/userfiles/file/SweptUp_Report_Final.pdf Shelf Number: 150337 Keywords: GangsIllegal ImmigrantsImmigrant DeportationImmigrantsImmigration EnforcementUndocumented Immigrants |
Author: Akkerman, Mark Title: Expanding the Fortress: The policies, the profiteers and the people shaped by EU's border externalisation programme Summary: The plight of the world's 66 million forcibly displaced persons tends to only trouble the European Union's conscience when the media spotlight turns on a tragedy at Europe's borders or when displacment is perceived to be en route to Europe. Only one European nation - Germany - is even in the top ten countries worldwide that receive refugees leaving the vast majority of forcibly displaced persons hosted by some of the world's poorest nations. The invisibility therefore is only broken when border communities such as Calais, Lampedusa, Lesvos become featured in the news as desperate people fleeing violence end up dead, detained or trapped. These tragedies aren't just unfortunate results of war or conflict elsewhere, they are also the direct result of Europe's policies on migration since the Schengen agreement in 1985. This approach has focused on fortifying borders, developing ever more sophisticated surveillance and tracking of people, and increasing deportations while providing ever fewer legal options for residency despite ever greater need. This has led many forcibly displaced persons unable to enter Europe legally and forced into ever more dangerous routes to escape violence and conflict. What is less well-known is that the same European-made tragedy plays out well beyond our borders in countries as far away as Senegal and Azerbaijan. This is due to another pillar of Europe's approach to migration, known as border externalisation. Since 1992 and even more aggressively since 2005, the EU has developed a policy of externalising Europe's border so that forcibly displaced people never get to Europe's borders in the first place. These policies involve agreements with Europe's neighbouring countries to accept deported persons and adopt the same policies of border control, improved tracking of people and fortified borders as Europe. In other words, these agreements have turned Europe's neighbours into Europe's new border guards. And because they are so far from Europe's shores and media, the impacts are almost completely invisible to EU citizens. This report seeks to shine a spotlight on the policies that underpin this externalisation of Europe's borders, the agreements that have been signed, the corporations and entities that profit, and the consequences for forcibly displaced people as well as the countries and populations that host them. It is the third in a series, Border Wars, that have examined Europe's border policies and shown how the arms and security industry has helped shape European border security policies and have then reaped the rewards for ever more border security measures and contracts. This report shows a significant growth in border externalisation measures and agreements since 2005 and a massive acceleration since the November 2015 Valletta Europe - Africa Summit. Using a plethora of new instruments, in particular the EU Emergency Trust Fund for Africa (EUTF), the Migration Partnership Framework and the Refugee Facility for Turkey, the European Union and individual member states are now providing millions of euros for an array of projects to stop migration of certain people from taking place on or across European territory. This includes collaboration with third countries in terms of accepting deported persons, training of their police and border officials, the development of extensive biometric systems, and donations of equipment including helicopters, patrol ships and vehicles, surveillance and monitoring equipment. While many projects are done through the European Commission, a number of individual member states, such as Spain, Italy and Germany also take a lead in funding and training through bilateral agreements with non-EU-countries. What makes this collaboration in the context of border externalisation particularly problematic is that many of the governments receiving the support are deeply authoritarian, and the support they are receiving is often going to precisely the state security organs most responsible for repression and abuses of human rights. The European Union in all its policies has a fine rhetoric on the importance of human rights, democracy and rule of law, but there seems to be no limits to the EU's willingness to embrace dictatorial regimes as long as they commit to preventing 'irregular migration' reaching Europe's shores. As a result there have been EU agreements and funding provided to regimes as infamous as Chad, Niger, Belarus, Libya and Sudan. These policies therefore have far-reaching consequences for forcibly displaced persons, whose 'illegal' status already makes them vulnerable and more likely to face human rights abuses. Many end up in either exploitative working conditions, detention and/or get deported back to the countries they have fled from. Women refugees in particular face high risks of gender-based violence, sexual assault and exploitation. Violence and repression against forcibly displaced persons also pushes migration underground, reconfigures the business of smuggling and reinforces the power of criminal smuggling networks. As a result, many persons have been forced to look for other, often more dangerous routes and to rely on ever more unscrupulous traffickers. This leads to an even higher death toll. Moreover the strengthening of state security organs throughout the MENA, Maghreb, Sahel and Horn of Africa regions also threatens the human rights and democratic accountability of the region, particularly as it also diverts much needed resources from economic and social spending. Indeed, this report shows that Europe's obsession with preventing migrants is not only diverting resources, it is also distorting Europe's trade, aid and international relationships with the entire region. As many experts have pointed out, this is laying the ground for further instability and insecurity in the region and the likelihood of greater refugees in the future. There is however one group that have benefited greatly from the EU's border externalisation programmes. As the earlier Border Wars reports showed, it is the European military and security industry that have derived the most benefit for delivering much of the equipment and services for border security. They are accompanied by a number of intergovernmental and (semi-)public institutions that have grown significantly in recent years as they implement dozens of projects on border security and control in non-EU-countries. Details: Amsterdam: Transnational Institute (TNI), 2018. 112p. Source: Internet Resource: Accessed June 30, 2018 at: https://www.tni.org/files/publication-downloads/expanding_the_fortress_-_1.6_may_11.pdf Year: 2018 Country: Europe URL: https://www.tni.org/files/publication-downloads/expanding_the_fortress_-_1.6_may_11.pdf Shelf Number: 150748 Keywords: Border ControlBorder SecurityDeportationImmigrantsImmigrationImmigration PolicyRefugeesSmuggling of Goods |
Author: Mann, Lori Title: Trafficking in Human Beings and Smuggling of Migrants in ACP Countries: Key Challenges and Ways Forward Informing discussions of the ACP-EU Dialogue on Migration and Development Summary: This report was commissioned by the ACP-EU Migration Action in 2017 as part of the Action's efforts to collect, analyse and disseminate information and knowledge on the results achieved through its activities. Focusing on trafficking in human beings (THB) and the smuggling of migrants (SoM), experts from ACP and EU countries met in Brussels in July 2014 to discuss their respective policies pertaining to these fields, and to identify concrete areas of cooperation in order to tackle both phenomena in a spirit of shared responsibility and cooperation. The meeting demonstrated a shared commitment to address challenges, and recognized the necessity to deepen cooperation among countries of origin, transit and destination, including by fostering a South-South perspective. The recommendations elaborated during the experts' meeting were subsequently validated by the Ambassadors' meeting in January 2015. Soon after, the ACP-EU Migration Action began implementing activities to address the issues of THB and SoM. The ACP-EU Dialogue recommendations on THB and SoM include: - Enact (or amend) comprehensive national legislation on both trafficking in human beings and the smuggling of migrants, in line with the Palermo Protocols and EU legislation; - Effectively implement national legislation on trafficking in human beings and migrant smuggling, ensuring victim identification and protection and the prosecution of perpetrators for the full range of existing forms of exploitation; - Raise awareness regarding THB and SoM among all key stakeholders, including: law enforcement, the judiciary, health care workers and labour inspectors, among others, by providing information and training; - Promote cross-border and international cooperation among countries of origin, transit and destination through bilateral Memorandums of Understandings (MoUs) and a special focus on South-South cooperation; - Improve data collection on THB and SoM as a prerequisite for evidence-based policy action; - Promote a victim-centred, human rights-based, gender-sensitive approach to ensure victim protection and identification in full cooperation with NGOs; - Dismantle criminal networks through financial tracking and tackling corruption among public officials, and prosecute traffickers and smugglers to prevent impunity; mentation of existing laws, the lack of comprehensive legislation on trafficking- and smuggling-related issues and underlying primary governance problems constitute additional significant barriers to addressing THB and SoM. The prevention of, and response to, trafficking in human beings and migrant smuggling requires a comprehensive, "whole of government" approach. It touches upon a myriad of related issues, inter alia: corruption, access to civil registration documents, labour laws and inspections, access to social welfare, gender-based violence, child protection and migration. As many of the recipients of the Action's support are poor and/or Small Island States, they face basic infrastructure and primary governance challenges that necessitate, but at the same time complicate, the provision of specialized technical assistance. Meeting the demand for institutional strengthening and capacity building requires adapting methodologies to the particularities of each country, including geographical and resource constraints, as well as the ways in which social and cultural norms function in relation to forms of exploitation and gender-based violence that lead to, or themselves might constitute of trafficking in human beings. Cooperation is the cornerstone of effective anti-trafficking and anti-migrant smuggling initiatives, and is required between States, institutions and non-State actors at all levels: subnational, national and international. Several ACP State recipients demonstrate increasingly effective cooperation at diverse levels, especially where such efforts benefit from existing structures and/or support at the regional level, such as regional platforms or cooperation agreements. However, for most State recipients, weak inter-agency cooperation at the national level constitutes a huge barrier to the effective implementation of laws and policies. National inter-agency coordination mechanisms to address trafficking in human beings and migrant smuggling (where existent) remain new for many of the examined ACP States, and few work systematically with civil society organizations. Cooperation between States is crucial for disrupting both the smuggling and trafficking business models, given the inherently transnational nature of the former and the often -albeit not always- international character of the latter. Cross-border collaboration must hence also be strengthened, especially with regards to data sharing, investigations, prosecutions and returns. Yet, the best examples of cooperation do not focus on policing alone, but include elements of prevention and development, and the integration of a human rights-based approach. The potential use of regional mechanisms should be highlighted too, given the increased interest by stakeholders in this modality of South-South cooperation, and the large percentage of victims trafficked regionally. The most striking gap among ACP State recipients is the absence of the provision of assistance to, and the protection of, trafficking victims and smuggled migrants, which should be at the heart of any anti-THB and anti-SoM strategy. Upholding human rights remains central for all cases. In addition to the rights accorded to trafficking victims, and those accorded to smuggled migrants, specific needs due to individual trafficking or smuggling experience, as well as characteristics such as gender and age and socio-cultural norms, should be taken into account. To date, little efforts have been made in most of the examined countries to develop referral systems and for ensuring that victims are duly identified and receive the needed assistance. Moreover, cases were noted where victims of trafficking and smuggled migrants were not shielded from prosecution - as is set forth by the Protocols - and in few countries they are subject to immediate deportation and potential refoulement. In some countries, civil society actors play an important role in providing shelter and other basic necessities. Yet sometimes they operate with no clear mandate to assist trafficking victims or vulnerable migrants specifically, indicating a potential lack of experience and expertise in addressing the needs and rights of trafficking victims and smuggled migrants. In addition, many operate with little if any government support or involvement. Prevention efforts should raise awareness on trafficking in human beings and smuggling of migrants among the public, while addressing the root causes of both phenomena, and targeting a wide range of stakeholders. Many of the examined ACP countries have organized, or are in the process of organizing capacity building for government entities at the policy and/or frontline level, including awareness raising on these phenomena. However, prevention and awareness raising should target and actively involve a wider range of stakeholders, for example traditional community leaders and diaspora, given the direct contact they have with (aspiring) migrants in many ACP countries. Communities should also be consulted in the design of awareness campaigns. The private sector is another key partner for prevention efforts in ACP countries, especially when addressing the demand side of the trafficking chain. Any meaningful prevention effort must be associated with realistic alternative options to unsafe migration, such as development and work opportunities that benefit migrants and their societies in the countries of origin and destination. Finally, reliable data is the most basic prerequisite for developing policies that are evidence based and respond appropriately to the local context. However, in many of the examined ACP countries, data tends to range from anecdotical to non-existent. In many instances, capacity building on data management, analysis and sharing is needed, at the inter-agency as well as the international level. Proper case management systems with standardized interfaces are also essential. However, the limitations in both infrastructure and resources should be taken into account and in that sense, international methodologies and systems for data collection and management should be adapted to the local context. Through a series of baseline assessments, the ACP-EU Migration Action has identified the above mentioned gaps among other specific barriers to effective anti-trafficking and anti-smuggling strategies. Such assessments are conducted within each targeted country and form the foundation of the related technical assistance support. In light of its work with States and Regional Organizations throughout the African, Caribbean and Pacific regions, the Action remains poised to provide the needed technical assistance and to contribute new knowledge to the concrete dialogue that is ongoing between States within the ACP-EU Partnership framework. The recommendations presented at the conclusion of the report build upon those issued by the ACP-EU Dialogue on Migration and Development and seek to highlight emerging challenges while bringing the achievement of stakeholders and the related good practices to the fore. This analysis seeks to produce knowledge that can be adapted for use in other context where States struggle with these same phenomena. Details: Brussels: IOM, 2018. 233p. Source: Internet Resource: Accessed August 1, 2018 at: http://acpeumigrationaction.iom.int/sites/default/files/final_web.pdf Year: 2018 Country: Africa URL: http://acpeumigrationaction.iom.int/sites/default/files/final_web.pdf Shelf Number: 151003 Keywords: Criminal NetworksHuman SmugglingHuman TraffickingIllegal ImmigrationImmigrantsMigrationOrganized CrimeVictims of Trafficking |
Author: Global Detention Project Title: Immigration Detention in Finland: Limited Use of "Alternatives," Restrictive Detention Review, Divisive Political Debate Summary: Finland does not detain as many migrants and asylum seekers as do neighbouring Sweden and other nearby European countries. However, the country's authorities rarely grant "alternatives to detention," instead deeming detention to be the most efficient and cost-effective method for removing non-citizens from the country. District court detention decisions tend to be very brief, and hearings often last less than ten minutes. Although conditions in the country's two specialised immigration detention centres are generally adequate, Finland continues to use police and border guard stations for immigration detention purposes. Details: Geneva, Switzerland: Global Detention Project, 2018. 27p. Source: Internet Resource: Accessed September 8, 2018 at: https://www.globaldetentionproject.org/immigration-detention-in-finland-limited-use-of-alternatives-restrictive-detention-review-divisive-political-debate Year: 2018 Country: Finland URL: https://www.globaldetentionproject.org/wp-content/uploads/2018/08/GDP-Immigration-Detention-in-Finland-2018.pdf Shelf Number: 151433 Keywords: Border GuardsImmigrant DetentionImmigrantsImmigrationImmigration Enforcement |
Author: Global Detention Project Title: Immigration Detention in Libya: "A Human Rights Crisis" Summary: Libya is notoriously perilous for refugees, asylum seekers, and migrants, who often suffer a litany of abuses, including at the country's numerous detention facilities. Conditions at these facilities, many of which are under the control of militias, are deplorable. There are frequent shortages of water and food; over-crowding is endemic; detainees can experience physical mistreatment and torture; forced labour and slavery are rife; and there is a stark absence of oversight and regulation. Nevertheless, Italy and the European Union continue to strike controversial migration control deals with various actors in Libya aimed at reducing flows across the Mediterranean. These arrangements include equipping Libyan farces to "rescue" intercepted migrants and refugees at sea, investing in detention centres, and paying militias to control migration. KEY CONCERNS Refugees, asylum seekers, and migrants are regularly exposed to indefinite detention in centres run by the Interior Ministry's Department for Combating Illegal Immigration or local militias; Detention conditions across the country are a matter of "grave concern," according to the UN, as detainees are forced to live in severely overcrowded facilities with little food, water, or medical care, and suffer physical abuse, forced labour, slavery, and torture; The automatic placement of asylum seekers and migrants intercepted at sea in detention centres places them at risk of human rights abuses, which could be attenuated by expanding the use of shelters and other non-custodial measures that have been proposed by international experts; There do not appear to be any legal provisions regulating administrative forms of immigration detention and there is an urgent need for the country to develop a sound legal framework for its migration polices that is in line with international human rights standards; There is severely inadequate data collection by national authorities concerning the locations and numbers of people apprehended by both official agencies and non-state actors; Women and children are not recognised as requiring special attention and thus they remain particularly vulnerable to abuse and ill-treatment, including rape and human trafficking; Italy and the European Union continue to broker deals with various Libyan forces to control migration despite their involvement in severe human rights abuses and other criminal activities. Details: Geneva, Switzerland: Global Detention Project, 2018. 54p. Source: Internet Resource: Accessed September 8, 2018 at: https://www.globaldetentionproject.org/countries/africa/libya Year: 2018 Country: Libya URL: https://www.globaldetentionproject.org/immigration-detention-in-libya-a-human-rights-crisis Shelf Number: 151434 Keywords: Asylum SeekersHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrantsImmigrationImmigration DetentionImmigration EnforcementRefugees |
Author: Podkul, Jennifer Title: Death by a Thousand Cuts: The Trump Administration's Systematic Assault on the Protection of Unaccompanied Children Summary: INTRODUCTION Since its first days, the Trump Administration has sought to limit protections for some of the most vulnerable migrants seeking protection in this country - unaccompanied immigrant and refugee children. These protections, which were carefully crafted over nearly 15 years through bipartisan dialogue and collaboration in Congress, are grounded in basic child welfare principles. These procedural protections recognize that a child who has taken a life - threatening journey of hundreds, if not thousands, of miles - without a parent or legal guardian - is uniquely at-risk and should be treated in ways that help promote fundamental fairness in helping the child access the U.S. immigration system to ensure that we do not return a child to the often life-threatening harm they have fled. Immediately after taking office in January 2017, President Trump, through a series of executive orders and published immigration priorities, categorized unaccompanied children in need of protection as opportunistic, and laws designed to give these children a fair opportunity to have their stories heard by our legal system as "loopholes." Since issuing these executive orders, the White House has also consistently supported legislative efforts that would undermine procedural protections for these children - as provided for by the Homeland Security Act of 2002, the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), and the Flores Settlement Agreement - and limit children's access to a fair judicial process. Congress has so far not rolled back important legislative protections. Not finding legislative success, the Administration has instead turned to using its authority to implement policy changes that are dramatically undermining children's ability to access our legal system. On a surface level, these changes appear to make only small adjustments to existing procedures. But taken as a whole, they represent a systematic assault on the ability of children to access the U.S. immigration system and assert claims for protection for which they may qualify under law. Based on the Administration's own public statements and leaked drafts of forthcoming documents, the attacks on this vulnerable population will continue. Details: Washington, DC, 2018. 15p. Source: Internet Resource: Accessed October 11, 2018 at: https://supportkind.org/media/death-by-a-thousand-cuts-the-trump-administrations-systematic-assault-on-the-protection-of-unaccompanied-children/ Year: 2018 Country: United States URL: https://supportkind.org/wp-content/uploads/2018/05/Death-by-a-Thousand-Cuts_May-2018.pdf Shelf Number: 152877 Keywords: Illegal ImmigrationImmigrantsImmigrationRefugeesVictiimization |
Author: Rivera, Laura Title: No End in Sight: Why Migrants Give Up on Their U.S. Immigration Cases Summary: When the Trump administration began separating children from their families at the U.S.-Mexico border, it exposed the horrific conditions within the nation's immigrant detention centers: people locked in cages, sleeping on floors and denied their basic humanity. But harsh detention conditions are nothing new. Every day, thousands of people are locked away in these detention centers - essentially prisons - as they pursue their immigration cases and the hope of a new life in the United States. Many have fled violence and bodily harm in their home countries. But all too often, detained immigrants, particularly in the Deep South, give up on their cases because their conditions of confinement are too crushing to bear. As this report demonstrates, these prisons and immigration courts are part of a system seemingly designed to make immigrants give up. They face courts - many without counse - where relief is not only a long shot but may be a virtual impossibility as some judges deny asylum at rates nearing 100 percent. And, in the meantime, they may be held on civil immigration charges for months, even years, before their cases are resolved. It's a situation that leaves them feeling as if there's no end in sight to their oppression. "In jail, you get your sentence and you know when you are free, but detention is endless," said one man who was detained for more than 800 days. Belief in the immigration courts also fades for the detained as their cases - and their confinement - drag on. "I have no trust that there will be justice in my case," one detained immigrant said. The goal of the system seemed clear through his eyes: "[The judges'] work is to deny everything. This journey [to the United States] was about saving my life. Three or six months in detention, I can take, but one-and-a-half years in detention is too unjust." At the Stewart Detention Center in Georgia, where many of the people sharing their stories for this report were held, 93.8 percent of detained immigrants were deported or gave up on their cases and left the country. At the LaSalle ICE Processing Center in Louisiana, the rate was 93.5 percent. Both rates far exceed the national average of 67.5 percent - evidence of how immigrants detained in the Deep South face especially long odds in a system already stacked against them. The stories and findings presented in this report reflect more than a year of work by the Southern Poverty Law Center's Southeast Immigrant Freedom Initiative (SIFI), a project launched in 2017 to ensure detained immigrants have access to pro bono counsel. Though President Trump has greatly exacerbated the situation, the issues encountered by immigrants and the advocates who try to assist them are not solely the result of one president who has relentlessly demonized immigrants. They are the result of a detention and deportation machine built by decades of increasingly harsh immigration policy. This punitive approach to immigration policy effectively mirrors the failed "War on Drugs" that propelled the United States to become the world's leader in incarceration. Details: Montgomery, AL: Southern Poverty Law Center, 2018. 48p. Source: Internet Resource: accessed October 12, 2018 at: https://www.splcenter.org/sites/default/files/leg_ijp_no_end_in_sight_2018_final_web.pdf Year: 2018 Country: United States URL: https://www.splcenter.org/sites/default/files/leg_ijp_no_end_in_sight_2018_final_web.pdf Shelf Number: 152905 Keywords: Immigrant DetentionImmigrantsImmigration EnforcementImmigration PolicyMigrantsUndocumented Migrants |
Author: European Council on Refugees and Exiles Title: "The Way Forward": A Comprehensive Study of the new Proposals for EU funds on Asylum, Migration and Integration Summary: ECRE and UNHCR published the report 'Joint Way Forward - A Comprehensive Study of the new Proposals for EU funds on Asylum, Migration and Integration' that analyses selected new legislative and budgetary proposals published by the European Commission within the framework of the proposed Multi-annual Financial Framework for 2021-27. The report focuses on those proposals which are: relevant to beneficiaries of the current Asylum, Migration & Integration Fund (AMIF) 2014-20 and proposed to be delivered by Member States via 'shared management' arrangements. It covers the proposals for the Asylum and Migration Fund, the European Regional Development Fund, the European Social Fund+ and the Common Provision Regulation. The report summarises the background and context of the new proposals, outlines provisions of the proposed new instruments and maps significant changes from the current Asylum, Migration & Integration Fund (AMIF). The report builds on the findings of 'Follow the Money: report on the use of AMIF funding at the national level, published by UNHCR and ECRE in early 2018, which critically examined the programming of AMIF funding at the national level during the 2014-17 period. It follows up on the study's third specific objective of providing input in order to assist the European Commission (EC), Member States (MS) and partners in the development of European asylum, migration and integration funding instruments post-2020. Details: Brussels: European Council on Refugees and Exiles, UN High Commissioner for Refugees, 2018. 85p. Source: Internet Resource: Accessed November 3, 2018 at: https://reliefweb.int/sites/reliefweb.int/files/resources/MFF-UNHCR-2.pdf Year: 2018 Country: Europe URL: https://reliefweb.int/sites/reliefweb.int/files/resources/MFF-UNHCR-2.pdf Shelf Number: 153240 Keywords: Asylum Seekers Human Rights ImmigrantsRefugees |
Author: Hing, Bill Ong Title: Immigration Sanctuary Policies: Constitutional and Representative of Good Policing and Good Public Policy Summary: Sanctuary ordinances or policies that constrain local authorities from assisting in federal immigration enforcement do not receive the same political and media attention as anti-immigrant laws enacted by states and local governments. In the political struggle over the rights of undocumented immigrants in the United States, the greater media and political focus on anti-immigrant measures, such as Arizonas S.B. 1070 and similar policies in cities like Hazleton, Pennsylvania, and Farmers Branch, Texas, is understandable. With much less fanfare, the legality of sanctuary policies also has been challenged. In this article I review the case law that specifically has involved the constitutionality of sanctuary policies and the relevant principles of preemption and states' rights. That process necessarily forces some comparison with the legal challenges over anti-immigrant local and state laws. In my view, while the principles of federalism represented in the Supreme Court's approach to the Tenth Amendment and preemption drive a stake in the heart of sub-federal anti-immigrant laws, those same principles guide us to the conclusion that sanctuary policies are on safe footing. Understanding why sanctuary policies are constitutional is important to the raging debate over immigration. Seemingly on a daily basis, anti-immigrant measures are proposed or enacted by state and local governments. In contrast, some jurisdictions that regard gaining the trust of immigrant communities as a necessity for public safety or who view themselves as immigrant friendly choose an approach that de-emphasizes the immigration status of those encountered in the course of police work. Additionally, the proliferation of litigation challenging the constitutionality of anti-immigrant ordinances raises the question of whether one set of sub-federal immigration-related approaches (sanctuary policies) can be constitutional, while a different set (anti-immigrant legislation) is not. To put it bluntly, can those in the immigrant rights community that promote sanctuary ordinances and attack anti-immigrant proposals have it both ways constitutionally? I conclude that in the immigration field, the concept of preemption is an appropriate check on overzealous sub-federal enforcement efforts that directly affect immigration regulation, while the Tenth Amendment is a check on federal intrusion on a local jurisdiction's attempt to be more protective of individual rights when the locality has a legitimate nonimmigration-related purpose, such as public safety. The discussion on the legality of sanctuary policies will reveal that the reserved police powers and local economic decisions under principles of federalism play a major part in the analysis. For that reason, a deeper understanding of the rationale for sanctuary policies is critical. We will find that in jurisdictions with sanctuary policies, local policy makers and law enforcement officials have made thoughtful and deliberate public safety decisions, taking great pains to do the right thing for the entire community. Those decisions are critical to principles of inclusion in our ever-growing diverse communities. For that reason, the sanctuary framework is good public policy - especially in contrast to the anti-immigrant examples of Arizona's S.B. 1070 or Hazleton, Pennsylvania. Details: San Francisco: University of San Francisco school of Law, 2012. 54p. Source: Internet Resource: Univ. of San Francisco Law Research Paper No. 2012-03: Accessed November 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1969604 Year: 2012 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1969604 Shelf Number: 153366 Keywords: Customs Law Enforcement ImmigrantsImmigrants and Crime Immigration Immigration Law Enforcement Immigration Policy Sanctuary Cities |
Author: Rutter, Jill Title: National Conversation on Immigration: Final report Summary: Coordinated by British Future and HOPE not hate, the National Conversation engaged 19,951 people, with more than 130 meetings in 60 locations across every nation and region of the UK. Citizens' panels in each place were recruited to be representative of the local population and researchers also met local government, businesses, faith and civil society representatives. In addition to nationally representative research by ICM, an open online survey was completed by nearly 10,000 people. The approach builds on a model used by the Canadian Government to help shape its own approach to immigration. One thing we'll be calling for is that the UK Government follows their example and does more to engage the public on this important issue. The report provides a comprehensive evidence base of public views on immigration, including reports from each of the 60 locations visited and over 40 recommendations to national and local government, business and civil society. Some of the issues on which we make proposals for change include: What are the common issues raised across the UK? What are the local differences and place-specific concerns? How should Britain approach migration for work after Brexit? How do we build public confidence in the immigration system? International student migration and universities; Protecting refugees; Improving Home Office performance; How do we address prejudice, resentment and hate? How can we make integration work better? How are face-to-face discussions about immigration different to those online? Can we find consensus on immigration and, if so, how? Details: London: British Future; HOPE not hate, 2018. 268p. Source: Internet Resource: Accessed November 20, 2018 at: http://nationalconversation.uk/wp-content/uploads/2018/09/FINAL-2-national-conversation-september-report-2018-09-final.pdf Year: 2018 Country: United Kingdom URL: http://nationalconversation.uk/wp-content/uploads/2018/09/FINAL-2-national-conversation-september-report-2018-09-final.pdf Shelf Number: 153511 Keywords: Asylum SeekersImmigrantsImmigrationImmigration PolicyMigrantsRefugees |
Author: Leutert, Stephanie Title: Asylum Processing tne Waitlists at the U.S.-Mexico Border Summary: "For more than two years, CBP has implemented "metering" procedures for asylum seekers in multiple ports of entry across the U.S.-Mexico border. However, over the past six months, these practices have become institutionalized and have been extended across the entire southern border. Currently, CBP officers are stationed at the international dividing line between the United States and Mexico at all ports of entry and provide a similar message" there is currently no processing capacity"-to arriving asylum seekers. Instead, each port of entry coordinates with Mexican officials to accept a certain number of asylum seekers every day. These shifts in CBP procedures have left lines of asylum seekers waiting in almost every major Mexican border city. Yet while CBP officers have standardized their practices, there is no set process for asylum seekers on the Mexican side of the border. While almost all border cities now have a "list" that functions as a virtual line for asylum seekers-for example, the infamous "notebook" in Tijuana-the list management and logistics vary significantly by city. For example, the actual list managers have ranged from Grupo Beta (the Mexican government agency in charge of humanitarian assistance for migrants) to civil society organizations to municipal governments, and the processing steps may entail providing asylum seekers with bracelets or taking their photos after they arrive to the U.S.-Mexico border. There are also a range of practices and dynamics in Mexican border cities that block asylum seekers from accessing U.S. ports of entry. In Reynosa, Tamaulipas, Mexican migration officials stationed near the international bridges have stopped all asylum seekers from crossing during the past three months. In Nuevo Laredo, Tamaulipas and Piedras Negras, Coahuila, Central Americans cannot access the international border bridges without temporary transit permits. In Matamoros, Tamaulipas there are allegations of asylum seekers having to pay a fee in order to get on the waiting list, and in Tijuana, Baja California asylum seekers currently face a three month wait time in order to make their claim. This report provides a snapshot of the asylum processing system at the U.S.-Mexico border, with particular attention to asylum seekers waiting in Mexico. The report compiles fieldwork carried out in eight cities along the U.S.-Mexico border in November 2018. It draws on in-person and phone interviews with government officials, law enforcement officers, representatives from civil society organizations, journalists, and members of the public on both sides of the border. The report also relies on observations carried out at ports of entry and neighboring areas, and draws from government and legal documents, and news articles to detail current asylum processing dynamics." Details: Austin, TX: Robert Strauss Center, Center for U.S.-Mexican Studies, Migration Policy Centre, 2018. 29p. Source: Internet Resource: Accessed Dec. 11, 2018 at: https://www.strausscenter.org/images/MSI/AsylumReport_MSI.pdf Year: 2018 Country: United States URL: https://www.strausscenter.org/images/MSI/AsylumReport_MSI.pdf Shelf Number: 153958 Keywords: Asylum SeekersBorder SecurityImmigrantsImmigration PolicyRefugees |
Author: Webber, Frances Title: The Embedding of State Hostility: A Background Paper on the Windrush Scandal Summary: The Embedding of State Hostility: a background paper on the Windrush scandal is a briefing that shows how the injustices meted out to the Windrush generation are not anomalies but the logical result of an immigration system that, over many years, has weaponised the idea of 'the illegal immigrant'. It examines the Windrush scandal in the context of three decades of immigration law, based around a set of interlocking policies of denial, exclusion, surveillance and enforcement that, taken together, have coalesced into today's 'hostile environment'. With sections on: the build up to the Windrush scandal; case studies of those affected; the roots of hostile environment policies; the role of the media in weaponising 'illegality'; the government's retreat from universal human rights standards; the role of campaign groups and professional organisations in challenging the hostile environment and standing up for the Windrush Generation. Details: U.K.: Institute of Race Relations, 2018. 30p. Source: Internet Resource: Accessed December 17, 2018 at: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2018/11/19150132/Embedding-State-hostility-v4.pdf Year: 2018 Country: United Kingdom URL: http://www.irr.org.uk/publications/issues/the-embedding-of-state-hostility-a-background-paper-on-the-windrush-scandal/ Shelf Number: 153864 Keywords: Human Rights AbusesIllegal ImmigrationImmigrantsImmigration PolicyWindrush Scandal |
Author: McKee, Erin Title: Crimmigration in Oregon: Protecting the Rights of Noncitizen Defendants Summary: Several studies show that immigrants in the United States commit crimes at lower rates than native-born citizens and rates of violent crime in metropolitan areas fall as the immigrant population rises. Despite this, the specter of the "criminal alien" continues to haunt the popular imagination, aided by lurid media coverage highlighting the few cases of serious or violent crimes committed by immigrants. The Trump administration has greatly expanded the groups of people targeted for removal from the U.S., while severely limiting legal immigration. Enforcement actions are taking place against a broad group of noncitizens, including those who have committed only minor crimes or even no crimes at all. WHAT IS CRIMMIGRATION? Crimmigration broadly refers to the criminalization of migration, increased immigration detention and use of private prisons, the prison-to-deportation pipeline, and a deportation process described by one immigration judge as "what amount to death penalty cases heard in traffic court settings." Viewed narrowly, crimmigration refers to the immediate and long-term immigration consequences of criminal convictions. WHAT CAN OREGON DO TO PROTECT NONCITIZEN OREGONIANS AND THEIR FAMILIES? Crimmigration Report Infographic What Oregon Legislators Can Do.jpg We have developed a report as a resource for legislators and others that provides analysis of the legal steps that can be taken that will help to protect noncitizen Oregonians and their families. Click here to read the report. Legislators can: 1. Create Pre-Plea Diversion. Allow qualified defendants to enter pre-trial diversion or deferred adjudication without a guilty or no-contest plea. 2. Allow prior convictions to fit current law. Oregon has already reduced maximum sentences for Class A misdemeanors from 365 days to 364 and should allow this to apply retroactively. 3. Define the prosecutor's duty. Require prosecutors to consider avoiding adverse immigration consequences in plea negotiations. 4. Improve the effectiveness of the court's admonishment. Warn every defendant much earlier in the legal process that if they are a noncitizen that a conviction may have serious immigration consequences so they have time to seek appropriate help. 5. Prohibit disclosure of immigration status in court. No one should be forced to disclose their immigration status in court because it creates unnecessary risk of immigration enforcement and discrimination. 6. Define defense counsel's duty. Require defense counsel to ensure clients understand potential outcomes of their cases and the immigration consequences so they can make the best decisions for themselves and their families. 7. Expand post-conviction relief. Allow defendants to apply for relief within a reasonable period of discovering they received bad advice about the immigration consequences of a plea or conviction. Oregon can also: Crimmigration Report Infographic What Else Oregon Can Do.jpg 1. Uphold the "sanctuary state" law. State and local employees should be reminded of their duty to uphold the law by not using public resources to detect or apprehend people whose only violation is being present in the U.S. contrary to federal immigration law and should receive training about this. Law enforcement leaders and prosecutors should investigate violations of the "sanctuary state" law and prosecute offenders for official misconduct. Information about violations and training employees have received should be public. 2. End "broken windows" policing targeting low-level offenders. Stop bringing people to the courts for minor offenses where they become vulnerable to aggressive ICE enforcement. 3. Limit information sharing. Law enforcement agencies, prosecutors' offices, probation offices, and others should create policies that make it clear to staff where contacting ICE would go beyond the scope of their duties and punish violations. 4. End local jail contracts with ICE. Oregons jails should immediately stop contracting with ICE to detain noncitizens so that counties no longer profit from deportation. Details: Portland, Oregon: Oregon Justice Resource Center, 2018. Source: Internet Resource: January 9, 2019 at: https://ojrc.info/crimmigration-in-oregon/ Year: 2018 Country: United States URL: https://static1.squarespace.com/static/524b5617e4b0b106ced5f067/t/5b353c3503ce6435b6aa1026/1530215484282/Crimmigration+Report+June+2018.pdf Shelf Number: 154021 Keywords: Broken Windows PolicingCriminal AlienCrimmigrationDeportationImmigrantsImmigrationImmigration and Customs EnforcementImmigration DetentionImmigration StatusLaw EnforcementMigrationNative-Born Citizens NoncitizensPre-Trial DiversionSanctuary StateViolent Crime |
Author: Parliamentary Ombudsman, The, Norway Title: Visit Report: The Police Immigration Detention Centre at Trandem 19-21 May 2015 Summary: The NPM visited the police immigration detention centre at Trandum in the period 19-21 May 2015. The visit was unannounced. The detention centre has the capacity to hold 140 detainees, and the plan is to extend the capacity to include another 90 places in 2016. The detainees do not have legal residence in Norway and have been detained on grounds of suspicion that they have given a false identity or to prevent them from evading the enforcement of a final decision requiring them to leave the country. Being detained at Trandum is not the consequence of a criminal offence and does not therefore constitute punishment. During the visit, an inspection was carried out of the detention centre's premises, meetings were held with the administration, union representatives, lawyers and medical personnel, and necessary documentation was obtained. The most important part of the visit was to conduct private interviews with detainees. The NPM interviewed a total of 60 of the 100 detainees. The NPM was accompanied by two government authorised interpreters (Russian and Arabic/French). Telephone interpreting was also used. The administration and staff at the detention centre provided good assistance during the visit, by obtaining the requested information and providing free access to all areas of the detention centre. The NPM's right to conduct private interviews with the detainees was adequately provided for. In the early hours of 21 May, the NPM also observed an escorted deportation of eleven individuals from the time that they left the detention centre until they boarded a chartered flight from Gardermoen airport. The NPM emphasises as a positive factor that the detainees mostly had positive things to say about the detention centre staff. Many of them stated that they were treated with respect and received the necessary assistance in their day-to-day pursuits. Another positive finding was that, according to the NPM's observations, the deportation on 21 May was performed in a dignified and professional manner. One of the main findings during the visit was excessive attention to control and security at the expense of the individual detainee's integrity. This has also been pointed out by the Parliamentary Ombudsman after previous visits. Many of the detainees felt that they were treated as criminals, even though they had not been convicted of a crime. Several described the humiliation of undergoing a body search on arrival and after all visits. The body search entailed the removal of all clothing and that the detainee had to squat over a mirror on the floor so that the staff could check whether they had concealed items in their rectum or genital area. The detainees perceived it as especially upsetting that a full body search was conducted after all visits, even when staff members had been present in the room during the visit. Many were also frustrated that they were not given access to their mobile phone and that they were locked in their rooms during evenings, at night and for shorter periods during the day. The detention centre uses largely the same security procedures as the correctional services, including procedures for locking detainees in and out of their rooms, the use of security cells and solitary confinement, and room searches. In some respects, as in the case of full body searches after visits, the procedures appear to be more intrusive than in many prisons. In addition to concerns about the overall control regime, it should be noted that all these control measures can result in more unrest and undesirable incidents rather than a sense of security. The immigration detention centre does not appear to be a suitable place for children. In 2014, 330 children were detained, 10 of them without adult guardians. There were no children at the detention centre at the time of the NPM's visit. The atmosphere at the detention centre appears to be characterised by stress and unrest. Several incidents have taken place at the detention centre in 2014 and 2015, including major rebellions. The incidents have included breaking of furniture and fixtures, self-harm, suicide attempts and use of force. This is not deemed to be a satisfactory psychosocial environment for children. In two instances, children have also witnessed parental self-harm. Several weaknesses were also found to exist in the delivery of health services. A clear majority of the detainees were critical of the health services offered by the detention centre. Among other things, the criticism concerned factors such as a lack of confidentiality, availability and follow-up. The immigration detention centre purchases health services from a private health enterprise based on a contract between the enterprise and the National Police Immigration Service (NPIS). The contractual relationship between the health enterprise's doctors and the NPIS raises questions about the health services professional independence. This may undermine the relationship of trust between patients and medical personnel and may weaken the health service's assessments. The health service also includes two nurses. They are temporarily employed by the police. This arrangement may also give rise to doubt about the health service's professional independence. Health interviews with newly arrived detainees were not conducted as a matter of routine, despite clear recommendations from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Detainees are often particularly at risk of poor somatic and mental health. A medical examination on arrival can provide an overview of the detainee's immediate medical needs, document any physical injuries and detect infectious diseases and suicide risk. The detainees also did not have access to mental health care over and above emergency assistance, among other things because of a lack of rights. In addition, the health department lacked procedures for systematic follow-up of persons who are particularly vulnerable as a result of long-term detention. Other findings during the visit include shortcomings in administrative decisions on the use of isolation and security cells, few organised activities, unclear legal authority for locking detainees in their rooms, lack of information on arrival, whether the food that is served is sufficiently nutritious, routine visit control and lack of access to mobile phones. Details: Oslo, Norway: Parliamentary Ombudsmen, 2015. 44 p. Source: Internet Resource: Accessed January 12, 2019 at: https://www.sivilombudsmannen.no/wp-content/uploads/2017/05/2015-Rapport-Police-immigration-detention-centre-Visit-report-EN.pdf Year: 2015 Country: Norway URL: https://www.sivilombudsmannen.no/wp-content/uploads/2017/05/2015-Rapport-Police-immigration-detention-centre-Visit-report-EN.pdf Shelf Number: 154083 Keywords: European Committee for the Prevention of Torture Immigrant DetaineesImmigrantsImmigration DetentionNational Prevention Mechanism against Torture and |
Author: National Juvenile Justice Network Title: Supporting Immigrant Youth Caught in the Crosshairs of the Justice System Summary: Executive Summary Out of the estimated 11.1 million noncitizen immigrants living in America today, approximately one million are children under 18 years old. Many of these youth have come to this country fleeing violence and oppression, carry complex emotional burdens from trauma, and face basic language barriers. As national anti-immigrant rhetoric has escalated to the point of associating immigrants with animals and infestation and equating immigrant youth with gang members, these youthful immigrants have often become caught in the crosshairs of the justice system. Rather than being supported to develop into successful adults, immigrant youth are more often being targeted for arrest, detention, and deportation. As immigrant youth engage with the school and youth justice systems in this country, it is incumbent upon us to treat these youth - as we aspire to treat all youth in the United States - equitably, with dignity, and in a way that supports positive youth development and the rehabilitative goals of the youth justice system. Supporting immigrant youth has become increasingly more difficult, however, as federal, state, and local jurisdictions have adopted laws and policies that are threatening to immigrant youth and their families and fail to humanely support them. These include policies that promote local cooperation with federal immigration authorities, facilitate the deportation of immigrant youth and families, fail to protect the confidentiality of young people's school and justice records, increase harm to immigrant youth involved in the justice system, and fail to provide trauma informed, culturally and linguistically competent services for immigrant youth. While some of these policies negatively impact all youth, they can have profound consequences for immigrant youth, including higher risk of detention and the possibility of deportation. All these policies further serve to traumatize and instill fear in immigrant youth, impeding their ability to follow through on the services that will lead them on the path to positive youth development. Recommendations NJJN makes the following recommendations to support policies that uplift all families and further best practices for positive youth development for all youth, regardless of immigration status. 1) Do not entangle local and state law enforcement, youth justice, and school officials with federal immigration enforcement and encourage laws and policies that support immigrant youth. 2) Do not use gang databases and, where used, do not share them with federal authorities. 3) Safeguard students with policies that prohibit federal immigration authorities from entering schools, require warrants or other court documents to review student records, and discourage the use of school resource officers for the handling routine disciplinary matters. 4) Protect the confidentiality of all youth in the justice system, including immigrant youth. 5) Avoid detaining youth, including immigrant youth. 6) Use an immigration lens when reviewing current and proposed youth justice policies. Consider the possibility that children and/or adults that care for them may be immigrants and take actions that support their healthy development, rather than further traumatizing or harming them. 7) Ensure youth in the juvenile justice system have access to defense counsel that understand the immigration consequences of juvenile justice system involvement and, where necessary, access to immigration attorneys. Details: Washington, DC: 2018. 23p. Source: Internet Resource: Accessed January 16, 2019 at: http://www.njjn.org/our-work/supporting-immigrant-youth-caught-in-the-crosshairs-of-the-justice-system Year: 2018 Country: United States URL: http://www.njjn.org/uploads/digital-library/Supporting%20Immigrant%20Youth,%20NJJN%20Policy%20Platform,%20August%20%202018.pdf Shelf Number: 154225 Keywords: DeportationImmigrant YouthImmigrantsImmigration and Customs EnforcementJuvenile Justice SystemJuvenilesMigrantsRefugees |
Author: Congressional Research Service Title: Immigration: U.S. Asylum Policy Summary: Asylum is a complex area of immigration law and policy. While much of the recent debate surrounding asylum has focused on efforts by the Trump Administration to address asylum seekers arriving at the U.S. southern border, U.S. asylum policies have long been a subject of discussion. The Immigration and Nationality Act (INA) of 1952, as originally enacted, did not contain any language on asylum. Asylum provisions were added and then revised by a series of subsequent laws. Currently, the INA provides for the granting of asylum to an alien who applies for such relief in accordance with applicable requirements and is determined to be a refugee. The INA defines a refugee, in general, as a person who is outside his or her country of nationality and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Under current law and regulations, aliens who are in the United States or who arrive in the United States, regardless of immigration status, may apply for asylum (with exceptions). An asylum application is affirmative if an alien who is physically present in the United States (and is not in removal proceedings) submits an application to the Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS). An asylum application is defensive when the applicant is in standard removal proceedings with the Department of Justice's (DOJ's) Executive Office for Immigration Review (EOIR) and requests asylum as a defense against removal. An asylum applicant may receive employment authorization 180 days after the application filing date. Special asylum provisions apply to aliens who are subject to a streamlined removal process known as expedited removal. To be considered for asylum, these aliens must first be determined by a USCIS asylum officer to have a credible fear of persecution. Under the INA, credible fear of persecution means that "there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum." Individuals determined to have a credible fear may apply for asylum during standard removal proceedings. Asylum may be granted by USCIS or EOIR. There are no numerical limitations on asylum grants. If an alien is granted asylum, his or her spouse and children may also be granted asylum, as dependents. A grant of asylum does not expire, but it may be terminated under certain circumstances. After one year of physical presence in the United States as asylees, an alien and his or her spouse and children may be granted lawful permanent resident status, subject to certain requirements. The Trump Administration has taken a variety of steps that would limit eligibility for asylum. As of the date of this report, legal challenges to these actions are ongoing. For its part, the 115th Congress considered asylum-related legislation, which generally would have tightened the asylum system. Several bills contained provisions that, among other things, would have amended INA provisions on termination of asylum, credible fear of persecution, frivolous asylum applications, and the definition of a refugee. Key policy considerations about asylum include the asylum application backlog, the grounds for granting asylum, the credible fear of persecution threshold, frivolous asylum applications, employment authorization, variation in immigration judges' asylum decisions, and safe third country agreements Details: Washington, DC: CRS, 2019. 46p. Source: Internet Resource: R45539: Accessed February 28, 2019 at: https://fas.org/sgp/crs/homesec/R45539.pdf Year: 2019 Country: United States URL: https://fas.org/sgp/crs/homesec/R45539.pdf Shelf Number: 154787 Keywords: Asylum SeekersImmigrantsImmigrationImmigration EnforcementImmigration Policy |
Author: Pro Asyl Title: Walls of Shame: Accounts from the Inside: The Detention Centres of Evros Summary: What we have observed in Evros area is a multilevel deterrence system implemented by the Greek police and Frontex. The detention of refugees and migrants in Evros is synonimous with brutality, despair and dehumanisation. In this case, calling an emergency of mass-immigration has given the Greek government and the EU an excuse for violating human dignity. Greece has been repeatedly criticised for its human rights violations, specifically for the appalling detention conditions for immigrants in the border region Evros. Following this harsh criticism, the Greek government declared its commitment to improve the asylum and reception system and therefore announced a national Action Plan 2010. However, so far there have been almost no improvements. Human rights violations continue. Details: Berlin: Pro Asyl, 2012. 96p. Source: Internet Resource: Accessed March 8, 2019 at: https://www.proasyl.de/wp-content/uploads/2015/12/PRO_ASYL_Report_Walls_of_Shame_Accounts_From_The_Inside_Detention_Centers_of_Evros_April_2012-1.pdf Year: 2012 Country: Greece URL: https://www.proasyl.de/wp-content/uploads/2015/12/PRO_ASYL_Report_Walls_of_Shame_Accounts_From_The_Inside_Detention_Centers_of_Evros_April_2012-1.pdf Shelf Number: 154885 Keywords: Detention CentersHuman Rights AbusesImmigrant DetentionImmigrantsMigrantsRefugees |
Author: Orrenius, Pia M. Title: Irregular Immigration in the European Union Summary: Unauthorized immigration is on the rise again in the EU. Although precise estimates are hard to come by, proximity to nations in turmoil and the promise of a better life have drawn hundreds of thousands of irregular migrants to the EU in 2014-2015. Further complicating the ongoing challenge is the confounding flow of humanitarian migrants, who are fleeing not for a job but for their lives. Those who flee for better economic conditions are irregular migrants, not humanitarian migrants, but the lines between the two are often blurred. This policy brief surveys the state of irregular immigration to the EU and draws on lessons from the U.S. experience. It focuses on economic aspects of unauthorized immigration. There are economic benefits to receiving countries as well as to unauthorized migrants themselves, but those benefits require that migrants are able to access the labor market and that prices and wages are flexible. Meanwhile, mitigating fiscal costs requires limiting access to public assistance programs for newcomers. Successfully addressing irregular migration is likely to require considerable coordination and cost-sharing among EU member states. Details: Dallas, TX: Federal Reserve Bank of Dallas, 2016. 30p. Source: Internet Resource: Working Paper 1603: Accessed April 13, 2019 at: https://www.dallasfed.org/~/media/documents/research/papers/2016/wp1603.pdf Year: 2016 Country: Europe URL: https://www.dallasfed.org/~/media/documents/research/papers/2016/wp1603.pdf Shelf Number: 155395 Keywords: Illegal Immigration Immigrants |
Author: Global Detention Project Title: Global Detention Project Annual Report 2018 Summary: As representatives from countries around the world prepared to meet in Marrakesh to adopt the Global Compact for Safe, Orderly and Regular Migration in December 2018, a first-of-its-kind global agreement for humanely managing migration, negotiations became overshadowed by the news that a handful of states-including, notably, the United States, Australia, and a host of European countries-would refuse to sign it. The naysayers worried that the agreement would threaten their sovereignty and that its mention of the human rights of migrants would limit their ability to ramp up border security. "No to Marrakesh! - The UN's Sinister Blueprint for Globalist Migration Hell," clamoured the headline of one widely circulated oped in the United States. Although the compact was approved by the vast majority of states, the widespread fear-mongering spurred by the non-binding agreement reveals the hostility that migrants, asylum seekers, and refugees continue to face across the globe, even as many "crises" have faded. States continue to rely heavily on detention and deportation in their response to irregular migration, including using detention as a deterrent, despite a lack of evidence showing its effectiveness. From the de facto detention centres in Hungary's transit zones and Malaysia's grim migration "depots" where hundreds have died of preventable diseases in recent years, to Libya's nightmarish EU-financed migrant prisons and Mexico's burgeoning network of estaciones migratorias, countless thousands are locked behind bars and placed in extreme vulnerability every day across our planet solely because of their immigration status. Consider this: As of 21 December 2018, Saudi Arabia had arrested 1,996,069 people during the year as part of its "Homeland Without Illegals Campaign." Who knows about this? All too often, authorities fail to disclose information and statistics concerning their detention operations, and facilities are operated under deceptive forms and guises-they can be called "residential centres," "guesthouses," "hotspots," "shelters." This lack of transparency shields states from scrutiny and reforms. The need for detailed, systematic information about who is being deprived of their liberty, where they are locked up, and the conditions they face in detention are greater than ever. And the Global Detention Project's work holding governments to account and promoting effective, meaningful reforms remains pivotal. It was the recognition of these needs more than a decade ago that spurred the founding of the Global Detention Project at the Graduate Institute of International and Development Studies in Geneva. Motivated by the goal of measuring the worldwide spread of immigration detention, GDP researchers developed a first-of-its-kind methodology for documenting where people are deprived of their liberty for migration-related reasons. Details: Geneva, SWIT: Author, 2019. 40p. Source: Internet Resource: Accessed April 26, 2019 at: https://www.globaldetentionproject.org/wp-content/uploads/2019/04/GDP-AR-2018-Online-V2_compressed.pdf Year: 2019 Country: International URL: https://www.globaldetentionproject.org/wp-content/uploads/2019/04/GDP-AR-2018-Online-V2_compressed.pdf Shelf Number: 155558 Keywords: Illegal Immigrants Immigrant Detention Immigrants Immigration Enforcement Immigration PolicyMigrationRefugees |
Author: Peck, Sarah Herman Title: "Sanctuary" Jurisdictions: Federal, State, and Local Policies and Related Litigation Summary: There is no official or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. But traditional sanctuary policies are often described as falling under one of three categories. First, so-called "dont enforce" policies generally bar state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person's immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. One legal question relevant to sanctuary policies is the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement, and the degree to which the federal government can stop state measures that undermine federal objectives. The Tenth Amendment preserves the states' broad police powers, and states have frequently enacted measures that, directly or indirectly, address aliens residing in their communities. Under the doctrine of preemption-derived from the Supremacy Clause-Congress may displace many state or local laws pertaining to immigration. But not every state or local law touching on immigration matters is necessarily preempted; the measure must interfere with, or be contrary to, federal law to be rendered unenforceable. Further, the anti-commandeering doctrine, rooted in the Constitution's allocation of powers between the federal government and the states, prohibits Congress from forcing state entities to perform regulatory functions on the federal government's behalf, including in the context of immigration. A series of Supreme Court cases inform the boundaries of preemption and the anti-commandeering doctrine, with the Court most recently opining on the issue in Murphy v. NCAA. These dueling federal and state interests are front and center in numerous lawsuits challenging actions taken by the Trump Administration to curb states and localities from implementing sanctuary-type policies. Notably, Section 9(a) of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States," directs the Secretary of Homeland Security and the Attorney General to withhold federal grants from jurisdictions that willfully refuse to comply with 8 U.S.C. S 1373-a statute that bars states and localities from prohibiting their employees from sharing with federal immigration authorities certain immigration-related information. The executive order further directs the Attorney General to take "appropriate enforcement action" against jurisdictions that violate Section 1373 or have policies that "prevent or hinder the enforcement of federal law." To implement the executive order, the Department of Justice added new eligibility conditions to the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program and grants administered by the Justice Department's Office of Community Oriented Policing Services (COPS). These conditions tied eligibility to compliance with Section 1373 and other federal immigration priorities, like granting federal authorities access to state and local detention facilities housing aliens and giving immigration authorities notice before releasing from custody an alien wanted for removal. Several lawsuits were filed challenging the constitutionality of the executive order and new grant conditions. So far the courts that have reviewed these challenges-principally contending that the executive order and grant conditions violate the separation of powers and anti-commandeering principles-generally agree that the Trump Administration acted unconstitutionally. For instance, the Ninth Circuit Court of Appeals upheld a permanent injunction blocking enforcement of Section 9(a) against California. Additionally, two separate district courts permanently enjoined the Byrne JAG conditions as applied to Chicago and Philadelphia. In doing so, these courts concluded that the Supreme Court's most recent formulation of the anti-commandeering doctrine in Murphy requires holding Section 1373 unconstitutional. These lawsuits notwithstanding, the courts still recognize the federal government's pervasive, nearly exclusive role in immigration enforcement. This can be seen in the federal government's lawsuit challenging three California measures governing the state's regulation of private and public actors' involvement in immigration enforcement within its border. Although a district court upheld several measures as lawful exercises of the state's police powers, it also struck down some measures as preempted or unlawful under the doctrine of intergovernmental immunity. Details: Washington, DC: Congressional Research Service, 2019. 43p. Source: Internet Resource: R44795: Accessed April 26, 2019 at: https://www.everycrsreport.com/files/20190416_R44795_0676c96b77aa4ef33380f9012e22eb0b2128a49e.pdf Year: 2019 Country: United States URL: https://www.everycrsreport.com/files/20190416_R44795_0676c96b77aa4ef33380f9012e22eb0b2128a49e.pdf Shelf Number: 155564 Keywords: ImmigrantsImmigration EnforcementImmigration PolicySanctuary CitiesSanctuary FacilitiesSanctuary Policies |
Author: Entorf, Horst Title: Refugees Welcome? Understanding the Regional Heterogeneity of Anti-Foreigner Hate Crimes in Germany Summary: In this article, we examine anti-foreigner hate crime in the wake of the large influx of asylum seekers to Germany in 2014 and 2015. By exploiting the quasi-experimental assignment of asylum seekers to German regions, we estimate the causal effect of an unexpected and sudden change in the share of the foreign-born population on anti-foreigner hate crime. Our county-level analysis shows that not simply the size of regional asylum seeker inflows drives the increase in hate crime, but the rapid compositional change of the residential population: Areas with previously low shares of foreign-born inhabitants that face large-scale immigration of asylum seekers witness the strongest upsurge in hate crime. Economically deprived regions and regions with a legacy of anti-foreigner hate crimes are also found to be prone to hate crime against refugees. However, when we explicitly control for East-West German differences, the predominance of native-born residents at the local level stands out as the single most important factor explaining the sudden increase in hate crime. Details: Bonn: Institute of Labor Economics (IZA), 2018. 54p. Source: Internet Resource: IZA Discussion Paper Series, No. 12229: Accessed April 26, 2019 at: http://ftp.iza.org/dp12229.pdf Year: 2019 Country: Germany URL: http://ftp.iza.org/dp12229.pdf Shelf Number: 155573 Keywords: Asylum Seekers Hate Crimes ImmigrantsImmigration Refugees |
Author: Sikka, Anette Title: Trafficking in Persons: How America Exploited the Narrative of Exploitation Summary: There is still deep disagreement over the meaning of the term trafficking in persons, despite having had legal definitions for it for nearly 20 years. These disagreements continue to persist despite extensive scholarly attention and numerous calls to come to consensus for purposes of research and distribution of funding. This article offers two reasons for this endurance: First, trafficking is not an act in itself but a concept created to address social ills. It is not static, and the creative process continues to reshape what it means. Second, groups have been able to capitalize on the linguistic ambiguity to achieve certain political goals. This has provided incentive for them to keep using the language in contradictory ways. This article examines those incentives and the ways in which law has contributed to their creation. It reviews the history of the creation of anti-trafficking narratives and how they've been used to obscure potentially less palatable criminal and anti-immigration agendas. Given the expansiveness of U.S. global influence, the appearance of the categories "trafficked" and "not-trafficked" in its domestic and foreign policy has impacted not only legal landscapes but the ways in which groups of people are actually perceived and behave. U.S. laws and the narratives they reflect have resulted in activities that have harmed rather than benefited the marginalized groups often promoted as beneficiaries of anti-trafficking work. The purpose of the article is to clearly illustrate these processes in order to be able to identify and anticipate their effects in future initiatives. In that context it also draws attention to the construction of a new emerging trafficking narrative around the U.S.-Mexico border and its use as justification for punitive criminal law and the building of a wall to reduce migration. Details: Unpublished paper, 2019. 51p. Source: Internet Resource: Accessed May 10, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3373371 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3373371 Shelf Number: 155732 Keywords: Critical Race Theory Human Trafficking ImmigrantsMigration |
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 |
Author: Tahirih Justice Center Title: Forced Marriage in Immigrant Communities in the United States: 2011 National Survey Results Summary: Forced marriage is a serious problem in the United States today, with as many as 3,000 known and suspected cases identified in just two years by respondents of Tahirih Justice Center survey. The fact that potentially thousands of young women and girls from immigrant communities may face forced marriages each year in the United States is alarming and demands attention. Details: Falls Church, Virginia: Tahirih Justice Center, 2011. 11p. Source: Internet Resource: Accessed June 18, 2019 at: https://www.tahirih.org/wp-content/uploads/2015/03/REPORT-Tahirih-Survey-on-Forced-Marriage-in-Immigrant-Communities-in-the-United-States.pdf Year: 2011 Country: United States URL: https://www.tahirih.org/pubs/forced-marriage-in-immigrant-communities-in-the-united-states/ Shelf Number: 156484 Keywords: Child MarriageForced MarriageImmigrant CommunitiesImmigrants |
Author: Secor, David Title: A Better Way: Community-Based Programming as an Alternative to Immigrant Incarceration Summary: Human rights norms and international law demand that immigrants benefit from a presumption of liberty during case adjudication. The use of immigration detention has been repeatedly proven inefficient, ineffective, and at odds with human welfare and dignity. Throughout the world, governments and non-governmental organizations are operating a growing variety of alternatives to detention. Evidence-based studies consistently prove community-based programs to be safer than a detention-based approach, vastly less expensive, and far more effective at ensuring compliance with government-imposed requirements. Most importantly, community-based alternatives offer a framework for refugee and migrant processing that is welcoming and allows families and communities to remain together. Instead of pursuing alternatives, the United States has dramatically expanded its reliance on immigration detention in recent decades. Prior to the 1980s, the United States government rarely jailed individuals for alleged violations of the civil immigration code. This changed in the late 1980s, and the use of detention increased significantly after the government authorized the indefinite detention of Haitian asylum seekers at Guantanamo Bay in 1991, claiming a need to control the movement of arriving refugees and migrants. Using many of the same structures that were fueling mass incarceration of communities of color across America, the United States started locking up immigrants at unprecedented levels. The immigration detention system quickly metastasized, fueled by profit and fear. Today it is a sprawling network of wasteful prisons operated by for-profit companies, county jails, and a small number of processing centers owned by Immigration and Customs Enforcement (ICE) that are interchangeable from jails in structure and practice.5 The number of individuals locked in immigration detention skyrocketed from an average of 7,000 per day in 1994 to more than 50,000 in 2019. The Trump administration is demanding even more funds to open more immigrant jails and expand those already in operation, beyond spending levels approved by Congress. Human rights violations are rampant throughout United States immigration jails. Those who leave the system carry psychological and physical scars. Asylum seekers and immigrants should be welcomed to the United States, not greeted by a jail cell. A transformative approach to migration management, developed in reliance on evidence-based analysis and comparative models, could support immigrants and their families in a manner that invests in all communities. Details: Chicago, Illinois: National Immigrant Justice Center, 2019. 23p. Source: Internet Resource: Accessed June 19, 2019 at: https://www.immigrantjustice.org/sites/default/files/uploaded-files/no-content-type/2019-04/A-Better-Way-report-April2019-FINAL-full.pdf Year: 2019 Country: United States URL: https://www.immigrantjustice.org/research-items/report-better-way-community-based-programming-alternative-immigrant-incarceration Shelf Number: 156523 Keywords: Asylum SeekersCommunity-Based ProgramsEvidence-Based ApproachHuman RightsHuman WelfareImmigrant DetentionImmigrantsImmigration and Customs EnforcementMigrantsRefugee |