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Date: August 17, 2024 Sat
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Results for immigration
257 results foundAuthor: Young, Wendy Title: Prison Guard or Parent? INS Treatment of Unaccompanied Refugee Children Summary: This report focuses on the treatment that children asylum seekers receive in juvenile correctional facilities used by the Immigration and Naturalization Service to detain children. The report is based on site visits to eight centers that were conducted in August 2001 and interviews with INS officials, facility staff, detained children, and their lawyers across the country. Details: New York: Women's Commission for Refugee Women and Children, 2002 Source: Year: 2002 Country: United States URL: Shelf Number: 116208 Keywords: ImmigrationJuvenile CorrectionsJuveniles |
Author: Women's Commission for Refugee Women and Children Title: Locking Up Family Values: The Detection of Immigrant Families Summary: Consistent with the role of the Women's Commission for Refugee Women and Children and Lutheran Immigration and Refugee Service in advocating for appropriate treatment of immigrant women, children and families, the authors found it vital to engage in field research and to take an active part in examining this new policy. This report and research builds on the agencies' ongoing work on behalf of children and families in detention. In particular, they sought to examine issues of family unity and the provision of legal, medicinal and psychsocial services to families who are in the custody of the Department of Homeland Security. Details: New York: The Commission, 2007 Source: Lutheran Immigration and Refugee Service Year: 2007 Country: United States URL: Shelf Number: 105688 Keywords: DetentionFamiliesImmigration |
Author: Webb, Sarah Title: Organised Immigration Crime: A Post-Conviction Study Summary: This report outlines the findings of an interview program conducted in 2006 with 45 prisoners convicted of human trafficking/smuggling offences in 2005. The research was commissioned to provide a fuller understanding of the market dynamics of facilitated illegal entry into the United Kingdom. The results present a picture by the perpetrators was of a market that conferred healthy profits with a low risk detection. The United Kingdom is perceived as an attractive destination for a number of reasons and illicit entry across UK borders is perceived to be easy. Many interviewess expressed genuine surprise at the severity of the sentences that they had received for involvement in human trafficking/smuggling offences. Details: London: Home Office Research, Development and Statistics Directorate, 2009 Source: Research Report 15 Year: 2009 Country: United Kingdom URL: Shelf Number: 115394 Keywords: Human SmugglingHuman TraffickingImmigrationOrganized Crime |
Author: Pew Research Center Title: Troubled by Crime, the Economy, Drugs and Corruption, Most Mexicans See Better Life in the U.S. - One-in-Three Would Migrate Summary: This report presents the results of a survey conducted with 1,000 adults in Mexico between May 26 and June 2, 1009. Facing a variety of national problems -- crime, drugs, corruption, and a troubled economy -- most say that if they had the means and opportunity to go live in the U.S. they would do so, and more than half of those who would migrate if they had the chance say they would do so without authorization. Details: Washington, DC: Pew Research Center, 2009. 43p. Source: Pew Global Project Attitudes Year: 2009 Country: Mexico URL: Shelf Number: 117715 Keywords: HispanicsImmigration |
Author: Greene, Judith Title: Local Democracy on ICE: Why State and Local Governments Have No Business in Federal Immigration Law Enforcement Summary: 287(g) is a provision in federal immigration law that allows Homeland Security's Immigration and Customs Enforcement (ICE) to use local police to target immigrants for arrest without suspicion of crime. ICE described the 287(g) program as a public safety measure to target criminal illegal aliens. However, the largest impact has been on law-abiding immigrant communities. This report details findings from a year-long investigation of this provision and recommends that the ICE program be terminated. Details: Brooklyn, NY: Justice Strategies, 2009. 94p. Source: Year: 2009 Country: United States URL: Shelf Number: 114349 Keywords: Immigrants and CrimeImmigration |
Author: Latif, Nazia Title: Our Hidden Borders: The UK Border Agency's Powers of Detention Summary: This investigation report examines the international human rights standards relating to immigration and asylum. It then looks at legislation and policy on immigration and asylum in Northern Ireland and examines the extent to which this complies with the international standards. Details: Belfast: Northern Ireland Human Rights Commission, 2009. 98p. Source: Year: 2009 Country: United Kingdom URL: Shelf Number: 117837 Keywords: Border SecurityHuman Rights (Northern Ireland)Immigration |
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: Constitution Project Title: Recommendations for Reforming Our Immigration Detention System and Promoting Access to Counsel in Immigration Proceedings Summary: In recent years, the United States has witnessed a dramatic increase in the number of non-citizens held in immigration detention. This rapidly increasing population has drawn attention to the poor conditions of the nation's immigration detention facilities and the barriers immigrant detainees face in seeking representation of counsel in removal proceedings. These problems raise a variety of constitutional and policy concerns. This report examines expedited removal, mandatory pre-removal detention, and post-removal detention and suggests much-needed agency-level and congressional reform. Details: Washington, DC: Constitution Project, 2009. 46p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 118713 Keywords: Illegal AliensIllegal ImmigrantsImmigrant DetentionImmigration |
Author: Bell, Brian Title: Crime and Immigration: Evidence from Large Immigrant Waves Summary: This paper examines the relationship between immigration and crime in a setting where large migration flows offer an opportunity to carefully appraise whether the populist view that immigrants cause crime in borne out by rigorous evidence. The paper considers possible crime effects from two large waves of immigration that recently occurred in the U.K. The first of these was the late 1990s/early 2000s wave of asylum seekers, and the second the large inflow of workers from EU accession countries that took place from 2004. A simple economics of crime model, when dovetailed with facts about the relative labor market position of these migrant groups, suggests net returns to criminal activity are likely to be very different for the two waves. In fact, the paper shows that the first wave led to a small rise in property crime, whilst the second wave had no such impact. There was no observable effect on violent crime for either wave. Nor were immigrant arrest rates different to natives. Evidence from victimization data also suggests that the changes in crime rates during the immigrant waves cannot be ascribed to crimes against immigrants. Overall, the findings suggest that focusing on the limited labor market opportunities of asylum seekers could have beneficial effects on crime rates. Details: Bonn, Germany: Institute for the Study of Labor (IZA), 2010. 44p. Source: Internet Resource; IZA Discussion Paper No. 4996 Year: 2010 Country: United Kingdom URL: Shelf Number: 118789 Keywords: Crime RatesImmigrants (U.K.)Immigrants and CrimeImmigration |
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: 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: Males, Mike Title: Scapegoating Immigrants: Arizona's Real Crisis Is Rooted in State Residents' Soaring Drug Abuse Summary: This report examines crime and drug abuse trends in Arizona over the last two decades of massive legal and nonlegal Hispanic in-migration. Based on a detailed analysis of law enforcement reports on crime rates in Arizona and the growth of the state’s Hispanic population over the past 20 years, this report finds that widespread assertions by many opinion leaders attributing rising crime to increased immigration are not confirmed by the best information available. To the contrary, this analysis found that crime rates in Arizona have fallen precipitously over the past 20 years as immigration has increased. Not only has crime plummeted, the number of undocumented immigrants in Arizona dropped by an estimated 40 percent, or by 200,000, from 2007 to 2010 due to the state’s economic and employment difficulties. This report suggests that new fears toward immigration have become conflated with deeper anxieties over Arizona’s unadmitted crisis of soaring drug abuse among its resident population. (Excerpts from the report) Details: San Francisco: Center on Juvenile and Criminal Justice, 2010. 11p. Source: Internet Resource: Accessed Aubust 22, 2010 at: http://www.cjcj.org/files/Scapegoating_Immigrants.pdf Year: 2010 Country: United States URL: http://www.cjcj.org/files/Scapegoating_Immigrants.pdf Shelf Number: 119655 Keywords: Drug Abuse and CrimeIllegal AliensImmigrants (Arizona)Immigration |
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: 11 Million Title: The Arrest and Detention of Children Subject to Immigration Control: A Report Following the Children's Commissioner for England's Visit to Yarl's Wood Immigration Removal Centre Summary: Using the power of entry given by Parliament, the Children’s Commissioner for England, Sir Al Aynsley-Green, visited Yarl’s Wood Immigration Removal Centre (IRC) on 16 May 2008. The purpose of the visit was to see first hand the provision and conditions at Yarl’s Wood, and to hear from children, young people and their families about their experiences of the detention process. The Children’s Commissioner first visited and reported on Yarl’s Wood in 2005, and has remained concerned about the detention of children for administrative purposes and the impact this has on them. There is substantial evidence that detention is harmful and damaging to children and should be used only as a last resort. 11 MILLION believes that depriving children of their liberty and detaining them for administrative convenience without judicial oversight is never in their best interests and does not contribute to meeting the Government’s outcomes for children under the Every Child Matters framework. This report presents the findings of the Children’s Commissioner’s visit, and considers the detention of children at Yarl’s Wood in the light of the Government’s obligations under Article 37 of the United Nations Convention on the Rights of the Child (UNCRC). It examines the impact of detention upon children’s mental and physical health; particularly as evidence suggests its duration is lengthening. Details: London: 11 MILLION, 2008. 59p. Source: Internet Resource: Accessed September 15, 2010 at http://www.jrseurope.org/publications/di550e08psxhlc9f3mmrlqwd.pdf Year: 2008 Country: United Kingdom URL: http://www.jrseurope.org/publications/di550e08psxhlc9f3mmrlqwd.pdf Shelf Number: 119808 Keywords: Immigrant DetentionImmigrationJuvenile DetentionMigrants |
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: Hamilton-Smith, Niall Title: Determining Identity and Nationality in Local Policing Summary: This research examined practices for checking the nationality and migrant status of arrestees in a sample of 14 custody suites in the UK. The study also involved the piloting of enhanced checking processes in four custody suites. The research demonstrated that more rigorous practices in custody suites could increase the number of foreign nationals and illegal migrants who are identified as being involved in criminal activity. The pilots also showed that custody suites with dedicated UK Border Agency staff could significantly increase the volume of checks undertaken and the number of foreign nationals and illegal migrant arrestees identified. Despite the challenges identified, significant progress and momentum in addressing many of these problems were achieved in the pilot sites. Since the fieldwork was completed, a range of operational and policy improvements has been implemented that has addressed many of the issues identified by the research, referenced throughout the report. Details: London: Home Office Research, Development and Statistics Directorate, 2010. 33p. Source: Internet Resource: Accessed October 6, 2010 at: http://rds.homeoffice.gov.uk/rds/pdfs10/horr42c.pdf Year: 2010 Country: United Kingdom URL: http://rds.homeoffice.gov.uk/rds/pdfs10/horr42c.pdf Shelf Number: 119872 Keywords: Illegal ImmigrationsImmigrationMigrantsOrganized Crime |
Author: Stana, Richard M. Title: Immigration Enforcement: Better Controls Needed over Program Authorizing State and Local Enforcement of Federal Immigration Laws Summary: Section 287(g) of the Immigration and Nationality Act, as amended, authorizes the federal government to enter into agreements with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally. U.S. Immigration and Customs Enforcement (ICE) is responsible for supervising state and local officers under this program. GAO was asked to review this program. This report reviews (1) the extent to which ICE has designed controls to govern 287(g) program implementation; and (2) how program resources are being used and the activities, benefits, and concerns reported by participating agencies. GAO reviewed memorandums of agreement (MOA) between ICE and the 29 program participants as of September 1, 2007. GAO compared controls ICE designed to govern the 287(g) program with criteria in GAO’s Standards for Internal Control in the Federal Government. GAO interviewed officials from both ICE and participating agencies on program implementation, resources, and results. Among other things, GAO recommends that the Assistant Secretary for ICE document the program objective, document and communicate supervisory activities, and specify data each agency is to collect and report. DHS and ICE agreed with the recommendations. Details: Washington, DC: U.S. Government Accountability Office, 2009. 44p. Source: Internet Resource: GAO-09-109: Accessed October 7, 2010 at: http://www.gao.gov/new.items/d09109.pdf Year: 2009 Country: United States URL: http://www.gao.gov/new.items/d09109.pdf Shelf Number: 114779 Keywords: Illegal AliensIllegal ImmigrantsImmigrationLaw Enforcement Training |
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: Krisberg, Barry Title: Where is the Fire? Immigrants and Crime in California Summary: In a recent May 2010 survey, 9% of Californians identified immigration as the most important issue facing the state today. In an identical poll conducted two months prior only 3% of Californians identified immigration as the top priority. What explains the 6% jump over the course of a few weeks? Notably, Arizona’s Governor Jan Brewer signed a restrictive law targeting noncitizens, SB 1070, on April 23, 2010 in the time period between the two surveys. The Arizona law prompted a public debate over immigration enforcement and the proper role of state and local governments that continues today. One of the basic underlying assumptions of the Arizona law is that there is a nexus between immigration and crime. The rationale is that noncitizens are responsible for increasing crime and therefore states need to step in and enforce immigration laws. Locally, some current and potential elected officials reinforce this perception that California and the nation is beset by a crime epidemic that is caused to a large extent by undocumented immigrants. For example, California Republican Senate candidate Carly Fiorina said “I support Arizona’s efforts to protect its citizens... it’s a reflection of their frustration and fear.” Congressman Duncan Hunter described his home town of San Diego as plagued by “massive murders on the border, massive illegal immigration, massive importation of drugs.” Another prominent California member of Congress, Ed Royce, wrote, “(v)iolence along the U.S. Mexican border continues to increase at alarming rates. Our communities shouldn’t continue to live in fear of violent drug cartels, gangs and human traffickers.” Do these statements reflect the reality in California, the state with the largest foreign-born population in the country? In order to determine whether there is an association between crime and immigration, this paper examines violent crimes and serious property crimes at a statewide level in California, in counties along the southwest border, and in all other southern California counties. Most of the data in this analysis covers “foreign‐born” immigrants. This demographic category includes persons with permission to be in the U.S. for work, travel or educational purposes, those who entered nation on an unauthorized basis, as well as those possessing U.S. citizenship. Details: Berkeley, CA: Berkeley Center for Criminal Justice, University of California, Berkeley, 2010. 16p. Source: Internet Resource: Accessed October 29, 2010 at: http://www.law.berkeley.edu/files/Where_is_the_fire.pdf Year: 2010 Country: United States URL: http://www.law.berkeley.edu/files/Where_is_the_fire.pdf Shelf Number: 120120 Keywords: Illegal AliensImmigrants and CrimeImmigration |
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: 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: 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: Silverman, Stephanie J. Title: Immigration Detention in America: A History of its Expansion and a Study of its Significance Summary: This working paper investigates the legislative origins of the US immigration detention system. This critical history is an attempt to broaden the discussion of the place and propriety of immigration detention in the American political landscape. The paper explains who has historically been subject to immigration detention, where and for how long the practice takes place, and what has lead to its rapid enlargement in recent decades. Using historical frames, this paper identifies and traces three key characteristics in the legislative development of the US immigration detention system: firstly, the increasingly restrictive nature of the system; secondly, the fact that the system it is more similar to an ad hoc bricolage of policies and contradictory justifications than a coherent assemblage of policies; and, finally, the criminalization of immigrants and resident non-citizens. What emerges from this narrative is a history of the expansion of the immigration detention system by the executive branch in response to periods of increasing politicization of immigration, particularly concerning the category of resident non-citizens. The paper argues that, in the absence of clear policy objectives, public oversight, and public accountability, government has developed the US immigration detention system without coherence and often hastily in reaction to events in the political sphere. Details: Oxford, UK: University of Oxford, Centre on Migration, Policy and Society, 2010. 31p. Source: Internet Resource: Working Paper No. 80: Accessed December 15, 2010 at: http://www.compas.ox.ac.uk/publications/working-papers/wp-10-80/ Year: 2010 Country: United States URL: http://www.compas.ox.ac.uk/publications/working-papers/wp-10-80/ Shelf Number: 120514 Keywords: Illegal AliensImmigrant DetentionImmigrants (U.S.)Immigration |
Author: Verdery, C. Stewart, Jr. Title: Brick by Brick: A Half-Decade of Immigration Enforcement and the Need for Comprehensive Immigration Reform Summary: The United States has undertaken a massive immigration enforcement initiative over the past five years. The report that follows, written by C. Stewart Verdery, assistant secretary for border and transportation security policy at the Department of Homeland Security from 2003-2005, catalogues the spectrum of measures and the breadth of enforcement resources that have been deployed during this period. The Center for American Progress believes that strong border enforcement and tough worksite enforcement on law-breaking employers are fundamental components of a rational immigration system. That does not mean, however, that we endorse all of the enforcement tactics that have been adopted over the past five years. Many of the initiatives that are detailed in this report reflect sensible steps to restore the rule of law. But CAP believes that others—the so-called “287g program,” for example—misallocate resources and have had a destructive effect on communities. From CAP’s perspective, initiatives like the expansion of expedited removal and mandatory detention policies also raise serious concerns of fairness, proportionality, and due process. Moreover, any massive enforcement apparatus struggles to maintain the integrity of established standards and operationalize leadership priorities. So even smartly designed enforcement policies can become deeply flawed when implemented, leading to widespread rights violations and other unintended consequences. Irrespective of where one comes down on the wisdom of specific enforcement measures, the unprecedented commitment of resources to border and interior enforcement is inarguable. Anti-immigration agitators and politicians who seek to use immigration as a wedge issue argue that we cannot reform our legal immigration system until we have secured the border. The findings contained in this report demonstrate the untenability of this “enforcement-first” line of argument. Details: Washington, DC: Center for American Progress, 2010. 31p. Source: Internet Resource: Accessed December 23, 2010 at: http://www.americanprogress.org/issues/2010/06/pdf/dhs_enforcement.pdf Year: 2010 Country: United States URL: http://www.americanprogress.org/issues/2010/06/pdf/dhs_enforcement.pdf Shelf Number: 120630 Keywords: Border SecurityIllegal AliensIllegal ImmigrantsImmigration |
Author: Ipsos MORI Title: A Feasibility Study for a Survey of Migrants Summary: The Analysis, Research and Knowledge Management Directorate (ARK) in the UK Border Agency commissioned Ipsos MORI and the Institute of Education to undertake a feasibility study for a large-scale face-to-face survey of migrants in the UK. The purpose of the feasibility study was to inform the design of a survey of migrants, looking at how to design and interview a statistically robust sample and the appropriate questions to adopt in such a survey. The feasibility study involved: 1. workshops with the UK Border Agency and other stakeholders to identify survey requirements; 2. the development of a definition of ’migrant’ for use in the survey; 3. the development of a sample design; 4. testing fieldwork recruitment and data collection methods to be used; and 5. the development of a questionnaire, including cognitive testing in several languages. This report focuses on the sampling and field methods aspects of the feasibility study. A separate technical report provides details on other issues, including question development. Details: London: Home Office, 2011. 57p.; Technical Report; Questionnaire Source: Internet Resource: Occasional Paper 92: Accessed January 31, 2011 at: http://rds.homeoffice.gov.uk/rds/pdfs11/occ92.pdf Year: 0 Country: United Kingdom URL: http://rds.homeoffice.gov.uk/rds/pdfs11/occ92.pdf Shelf Number: 120637 Keywords: Border SecurityImmigrationMigrants (U.K.)Minorities |
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: U.S. Government Accountability Office Title: Maritime Security: Federal Agencies Have Taken Actions to Address Risks Posed by Seafarers, but Efforts Can Be Strengthened Summary: The State Department and two components of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) and the Coast Guard, are responsible for preventing illegal immigration at U.S. seaports and identifying individuals who are potential security risks. The International Labor Organization (ILO) adopted the Seafarers' Identity Documents Convention (ILO 185) to establish an international framework of seafarer identification documents and reduce their vulnerability to fraud and exploitation. GAO was asked to examine (1) measures federal agencies take to address risks posed by foreign seafarers and the challenges, if any, DHS faces; (2) the challenges, if any, DHS faces in tracking illegal entries by foreign seafarers and how it enforces penalties; and (3) the implementation status of ILO 185. GAO reviewed relevant requirements and agency documents on maritime security, interviewed federal and industry officials, and visited seven seaports based on volume of seafarer arrivals. The visits provided insights, but were not projectable to all seaports. GAO recommends that DHS assess risks of not electronically verifying cargo vessel seafarers for admissibility, identify reasons for absconder and deserter data variances, and, with the Department of Justice (DOJ), develop a plan with timelines to adjust civil monetary penalties for inflation. DHS and DOJ concurred with GAO’s recommendations. Details: Washington, DC: GAO, 2011. 71p. Source: Internet Resource: GAO-11-195: Accessed February 11, 2011 at: http://www.gao.gov/new.items/d11195.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11195.pdf Shelf Number: 120669 Keywords: Cargo SecurityImmigrationMaritime CrimeMaritime SecuritySeaports |
Author: Capps, Randy Title: Delegation and Divergence: A Study of 287(g) State and Local Immigration Enforcement Summary: This report assesses the implementation and U.S. Customs and Immigration Enforcement (ICE) oversight of the nation's 72 active 287(g) programs, examining whether local enforcement matches up with ICE's articulated priorities. The study provides ICE data nationally and by jurisdiction on non-citizens referred for removal through 287(g) as well as the criminal offenses for which they were detained, and assesses the impact of enforcement on local communities. Details: Washington, DC: Migration Policy Institute, 2011. 67p. Source: Internet Resource: Accessed February 8, 2011 at: http://www.migrationpolicy.org/pubs/287g-divergence.pdf Year: 2011 Country: United States URL: http://www.migrationpolicy.org/pubs/287g-divergence.pdf Shelf Number: 120724 Keywords: Border SecurityCustomsIllegal ImmigrantsImmigration |
Author: Australian Human Rights Commission Title: Immigration Detention and Offshore Processing on Christmas Island Summary: This report contains a summary of observations by the Australian Human Rights Commission (the Commission) following its July 2009 visit to Australia’s immigration detention facilities on Christmas Island. It follows the Commission’s 2006, 2007 and 2008 annual reports on inspections of immigration detention facilities. In early 2008, the Commission commended the Australian Government for ending the so-called ‘Pacific solution’ by closing the offshore immigration detention centres on Nauru and Manus Island. Since then, the government has initiated further positive reforms, in particular the July 2008 announcement of ‘New Directions’ for Australia’s immigration detention system. However, despite these positive changes, the Commission has ongoing concerns – one of the most critical being the mandatory detention and offshore processing of asylum seekers on Christmas Island. While there are clearly significant efforts being put into the detention and offshore processing system on Christmas Island, those efforts cannot overcome the fundamental problems with the system itself. Details: Sydney: Australian Human Rights Commission, 2009. 53p. Source: Internet Resource: Accessed February 11, 2011 at: http://www.hreoc.gov.au/human_rights/immigration/idc2009_xmas_island.pdf Year: 2009 Country: United States URL: http://www.hreoc.gov.au/human_rights/immigration/idc2009_xmas_island.pdf Shelf Number: 120570 Keywords: Illegal Immigrants (Australia)Immigrant DetentionImmigration |
Author: Marenin, Otwin Title: Challenges for Integrated Border Management in the European Union Summary: The expansion of the European Union has required a rethinking of how the external borders of the EU can best be protected against transnational crime, illegal immigration, trafficking in goods and people, non-legitimate asylum seekers and terrorist-related threats. The history, strategic logic, issues faced and current policies for securing the expanding external borders of the EU through the integrated border management (IBM) vision and strategy will be described and critically analysed. The paper is based on information in publicly available documents from EU institutions, scholarly writings on borders and the management of border controls, my own prior writings on border controls and police reforms, and a few interviews with participants involved in creating a new EU integrated border management system. Details: Geneva: Geneva Centre for the Democratic Control of Armed Forces, 2010. 161p. Source: Internet Resource: DCAF Occasional Paper - No. 17: Accessed February 14, 2011 at: http://www.dcaf.ch/Publications/Publication-Detail?lng=en&id=114407 Year: 2010 Country: Europe URL: http://www.dcaf.ch/Publications/Publication-Detail?lng=en&id=114407 Shelf Number: 120756 Keywords: Border SecurityHuman TraffickingIllegal ImmigrantsImmigrationTrafficking in GoodsTransnational Crime |
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: 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: Global Alliance Against Traffic in Women Title: Beyond Borders: Exploring Links Between Trafficking and Labour; Exploring Links Between Trafficking and Gender; Exploring Links Between Trafficking, Globalisation, and Security; Exploring Links Between Trafficking and Migration Summary: The Global Alliance Against Traffic in Women (GAATW) was launched in 1994 by a group of women’s rights activists looking for answers to simple questions: Why do women migrate? Why do some of them end up in exploitative situations? What types of jobs are they entering into? Which human rights are being violated before, during, and after their journey? How are they showing resistance to abuses and achieving their migratory goals? Answering these questions became a collaborative effort involving countless organisations and individuals over the years, and contributed to creating a more sophisticated anti-trafficking framework. This anti-trafficking framework has in many cases contributed to protecting the rights of trafficked persons. However, excessive focus on the issue of human trafficking over the last several years has also tended to ignore other related phenomena, such as people’s experiences in migration and work. Consequently, anti-trafficking has become somewhat isolated from its context and is now a highly specialised field. Such specialisation does occur in every field of knowledge and is to some extent necessary. Yet, there is a danger in trying to address the problem of human trafficking without understanding the changing context of labour and migration in a rapidly globalising world. By doing so we would be looking at trafficking exclusively as a crime and not as the end result of a number of interconnected social factors. Further, our understanding will lack the ability to create progressive political change unless we analyse the complex social reality from a gender and human rights perspective. At a practical level we have observed that this segregation of expertise is impairing our ability to assist people or effect change when rights violations are happening. As the research documented in Collateral Damage (GAATW, 2007) pointed out, anti-trafficking initiatives have in some instances harmed the very people whose rights they have claimed to protect. Exclusive focus on trafficking without a social analysis also contributes to sensationalism. It creates the false impression that trafficking is a problem that can be solved by merely taking a few legal measures and providing assistance to those identified as trafficked. Thus, the long term goal of advocating for systemic and structural changes in society gets overlooked. Regrettably, while many of us in civil society find ourselves in specialised niche areas, sometimes our advocacy efforts in one area may run counter to the advocacy efforts made by other social movements. For example, our loud condemnation of exploitation of women migrant workers may encourage the states to stop women from migrating altogether. Indeed, strict border controls have been touted as anti-trafficking measures. How do we then condemn rights violations, but also expose the agenda of states as protectionist towards women? How do we uphold rights of migrating people, but not let the state abdicate its responsibilities towards its citizens and their right to livelihood in their own countries? How do we expose workplace exploitation and advocate for standard wages for all, but not let our advocacy result in a large number of people losing their jobs and being replaced by another set of workers in some other place? Obviously, there are no easy solutions. As we see it, understanding the existing links among the issues, starting inter-movement dialogues, and collaborating with colleagues on concrete cases are essential steps. Over the last two years, GAATW has tried to address this specialisation through different means. One of them has been to work on this series of Working Papers, which explores links between trafficking and migration; trafficking and labour; trafficking and gender; and trafficking, globalisation, and security. These Working Papers look at which broader understandings are most relevant for anti-trafficking advocates, such as: Why do labour rights matter for trafficked persons? How do states’ security measures affect women’s movement through territories and borders? The rationale for these Working Papers is simple. We, like many others, are acknowledging the existing links between trafficking, migration and labour, in the broader contexts of gender and systems of globalisation and security. We are taking a further step by examining those intersections from a human rights perspective. These Working Papers outline where the anti-trafficking framework can strengthen other frameworks and vice versa, and where we as advocates can work together and establish joint strategies. The Papers also aim to identify tensions among the different frameworks, and recognise the spaces for separate work. The complexities in people’s lives cannot be captured by one story or approach alone, whether that approach is anti-trafficking, women’s rights, human rights, migrant rights, or labour rights. In other words, a person’s life cannot be summarised as being merely that of a “trafficked person” or “migrant worker”, as often happens. People’s lives are richer than their trafficking, migration and work experiences. People, in spite of hardship, show great amounts of courage, resourcefulness and resilience, and find ways to negotiate complicated situations to exercise their rights. Our Papers have focussed on the lives of women. As an alliance of primarily women’s rights organisations, much of our direct engagement is with women. While we decided to give centrality to women’s lived experiences, we are certainly not denying that experiences of exploitation and trafficking for men are any less horrendous. These four Working Papers depict numerous examples of migrant women exercising agency. The Papers also show that, because space for agency is determined by the systems a person must navigate, different frameworks (labour, migration, anti-trafficking, and so on) can be used at different moments to increase women’s power over their own situations. Although these four Working Papers have distinctive features, they all cover the following broad areas: • Basic concepts in the field • Examples of the links between trafficking and other issues in the work of civil society actors, governments, and other stakeholders • The beneficial and harmful effects of these simultaneous factors on working migrant women • The importance of using a human rights-based approach • How groups from different sectors can work together in new ways • Policy recommendations People who are interested in the interface between theory and practice, and between conceptual and pragmatic work, are the intended audience of these Working Papers. Details: Bangkok: Global Alliance Against Traffic in Women, 2010. 4 pts. Source: Internet Resource: GAATW Working Papers Series 2010: Accessed March 8, 2011 at: www.gaatw.org Year: 2010 Country: International URL: Shelf Number: 120909 Keywords: Border ControlForced LaborHuman RightsHuman TraffickingImmigration |
Author: Seminara, David Title: No Coyote Needed: U.S. Visas Still an Easy Ticket in Developing Countries Summary: Mention the words “illegal immigrant” and most Americans conjure up images of desperate migrants sneaking across the Mexican border. There is another side to America’s immigration problem, however, that most know very little about — those who come with valid, temporary visas and do not return home. The Department of Homeland Security estimates that a “substantial” percentage of America’s illegal population is made up of visa overstays — their estimates ranged from 27 to 57 percent. Despite that fact that the law is written broadly enough that most foreigners from the developing world could be refused for a visitor’s visa as “intending immigrants,” non-immigrant visa issuance rates are still shockingly high. In this Backgrounder, the author, a former State Department official with experience interviewing tens of thousands of visa applicants from all over the world, explores some of the reasons why it remains relatively easy for all but the most destitute applicants to obtain nonimmigrant visas, despite the public perception that visa regulations have tightened since 9/11. Details: Washington, DC: Center for Immigration Studies, 2008. 15p. Source: Internet Resource: Backgrounder: Accessed March 10, 2011 at: http://www.cis.org/articles/2008/back208.pdf Year: 2008 Country: United States URL: http://www.cis.org/articles/2008/back208.pdf Shelf Number: 120923 Keywords: Illegal ImmigrantsImmigrationVisas |
Author: Lagdameo, Mary Angela Title: Human Smuggling from Fujian to New York Summary: Since the first significant wave of illegal Fujianese immigrants to the United States in mid-1980, their migrant population in New York’s Chinatown has increased to an estimated 300,000. Although the Golden Venture incident in 1993 prompted the United States and Chinese government to increase crackdowns on human smuggling operations, smugglers have continued to successfully transport illegal Fujianese to the United States. Fujian’s history of migration and the local perception that human smuggling is a legitimate business fuels a transnational human smuggling business in the 21st century. Recent scholarship suggests that human smuggling is run by “ordinary individuals” who create temporary alliances for the purposes of money making. In order to successfully dismantle human smuggling organizations, the United States and Chinese governments should therefore focus on catching individuals who work at all levels of the human smuggling business. Details: Los Angeles: University of Southern California, East Asian Area Studies, 2008. 96p. Source: Internet Resource: Master's Thesis: Accessed March 15, 2011 at: http://digitallibrary.usc.edu/assetserver/controller/item/etd-Lagdameo-2050.pdf Year: 2008 Country: China URL: http://digitallibrary.usc.edu/assetserver/controller/item/etd-Lagdameo-2050.pdf Shelf Number: 121010 Keywords: Human Smuggling (China)Illegal ImmigrantsImmigration |
Author: Kyle, David Title: Migration Merchants: Human Smuggling from Ecuador and China Summary: Human smuggling is a phenomenon that further blurs the already fuzzy boundaries between economic migrant and refugee, legal and illegal immigrant. Many state policy-makers and NGOs are concerned that if they admit immigrants or refugees who use human smugglers, this will encourage smugglers to further break immigration laws. This paper questions the assumption that illegal migrants are like any other illegal commodity crossing state borders. Kyle argues that most migrant smugglers are social bandits who may be considered unsavory and even dangerous by their home societies, but not as "criminals." Even states that are "victims" of human smugglers do not uniformly paint them as criminal and evil. In contrast to common thieves and smugglers, there is a highly politicized historical dimension to both the motivations of social bandits and to those who see them as either criminals (i.e., transnational organized crime) or "freedom fighters." Although migration research has a significant role to play in the understanding of transnational social banditry, current migration theory does not sufficiently explain the sharp rise in human smuggling around the world, especially in terms of how it conceptualizes "demand." To illustrate these points, special attention is given to emigration from Ecuador to the United States and Spain, including the organization of illicit "migrant export schemes.” Details: San Diego, CA: Center for Comparative Immigration Studies, University of California, San Diego, 2001. 29p. Source: Internet Resource: CCIS Working Paper 43: Accessed March 15, 2011 at: http://www.ccis-ucsd.org/PUBLICATIONS/wrkg43.PDF Year: 2001 Country: Africa URL: http://www.ccis-ucsd.org/PUBLICATIONS/wrkg43.PDF Shelf Number: 121011 Keywords: Human Smuggling (Ecuador and China)Illegal ImmigrantsImmigration |
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: Jacques, Genevieve Title: United States - Mexico Walls, Abuses, and Deaths at the Borders Flagrant Violations of the Rights of Undocumented Migrants on their Way to the United States Summary: There are few places in the world where tensions, due to mass migration of population in the globalization era, are as outrageous as in the geographical area that extends from Central America to the south of The United States. This space, comprising Mexico and its southern and northern borders, is a customary route followed by poor people who walk and travel overland to get to the territory and labor market of the United States. This area also traces the breakpoint line between a rich and dominant America, in economic and political terms, and a poor America that is subject to the game rules established by its northern neighbor. The borders, intended to establish the limits of national sovereignty, are the place where the main contradictions between the logics of global liberal economy, one of the main migration causes, and national policies to handle this migration flows take place, almost in a caricature way. Beyond the hydraulic metaphors of migration flows or currents, we have to remember that we are talking about human beings who take part in survival strategies but who are also victims of contradictions, inconsistencies and injustices of the region’s migration policies in force. The price they have to pay, in economic terms but especially in terms of suffering, humiliation and violation of their human rights and dignity, are very high, at the level of the extreme tensions prevailing in this part of the world. The following three figures give an idea of the extension and seriousness of the phenomenon: - In 2006, Mexican authorities questioned and deported 179,000 foreigners in transit for the United States (94 percent from Central America); - During the same year, Border Patrols of the United States deported 858,000 foreigners to their home country, between which 514,000 Mexicans, and immigration services apprehended and deported about 50,000 migrants from other Central American countries. It is estimated that, during the last 12 years, over 4,000 migrants died crossing the “wall” (both physical and virtual) that separates Mexico from the United States, this is 15 times more the number of people who died crossing the Berlin Wall during the 28 years it existed. Since new border control measures were established by United States authorities in 2001, the number of deaths has increased dramatically and reached 473 in 2005, from which 260 occurred in Arizona’s desert. According to authorities and to most of the mass media, these migrants are “illegal”. We do not agree with the use of this term, which leads to saying that human beings are illegal. The “illegality” is created by migration policies that do not correspond with reality. Furthermore, this adjective entails a tendency to criminalize immigration, making migrants that enter national territories, without all their administrative papers in order, pass for “criminals”. This semantic transfer is often accompanied by a real amalgam between migrants, undocumented people and terrorists. This evolution, particularly obvious since the current United States’ administration assumed office, has severe consequences because it leads the public opinion to legitimize the most repressive measures in the name of national security and to divert its attention from the violations of this population’s main human rights. Details: Paris: FIDH, 2008. 60p. Source: Internet Resource: Accessed March 29, 2011 at: http://www.fidh.org/IMG/pdf/USAMexiquemigran488ang.pdf Year: 2008 Country: United States URL: http://www.fidh.org/IMG/pdf/USAMexiquemigran488ang.pdf Shelf Number: 121196 Keywords: Border ControlBorder SecurityHuman RightsIllegal ImmigrantsImmigrationUndocumented Immigrants |
Author: Wuebbels, Mark Title: Demystifying Human Smuggling Operations Along the Arizona-Mexican Border Summary: The purpose of this paper is to provide an overview and analysis of the problem of human smuggling along the U.S. - Mexican border. Using open source material, economic analysis, and experts’ opinions, the paper details the scope, methods, and associated negative externalities of human smuggling. In writing this report, careful attention was made to separate between incidents of trafficking and human smuggling. However, since many times media articles, especially in Spanish, use the term trafficking instead of smuggling, some of the citations and original sources will include the terms human trafficking. As such, to the greatest extent, information applicable only to human trafficking has been eliminated. This paper is split into two parts. The first part begins by defining human smuggling and its component crimes. To this end, it lays out the international, federal, and state legal definitions of human smuggling as well as the federal jurisdictions for human smuggling’s component crimes. After defining the problem, this paper discuses the logic behind the decision to migrate. It reflects the prevailing wisdom among migration experts as well as an alternative explanation of the decision making process. Next, the paper lays out the various estimates of the UDA population and extrapolates the potential flow of undocumented aliens (UDA) across U.S. borders. The paper then describes the UDA population in terms of nationality and socio-economic characteristics. Finally, the paper presents the necessary elements for smuggling operations. The second part is a primer on current smuggling operations in different states in Mexico. Using open source literature from Mexican and U.S. newspapers, it outlines human smuggling methods, the roads and transportation they use, and the path UDAs use to reach the United States. In general, the purpose is to show how the fundamental elements of human smuggling are expressed in reality. Details: Report prepared for the Arizona State Attorney General, 2005. 56p. Source: Internet Resource: Accessed April 1, 2011 at: http://policy-traccc.gmu.edu/resources/publications/wuebbe01.pdf Year: 2005 Country: United States URL: http://policy-traccc.gmu.edu/resources/publications/wuebbe01.pdf Shelf Number: 121216 Keywords: Border SecurityHuman SmugglingIllegal AliensIllegal 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: Spenkuch, Jorg L. Title: Understanding the Impact of Immigration on Crime Summary: Since the 1960s both crime rates and the share of immigrants among the American population have more than doubled. Almost three quarters of Americans believe immigration increases crime, yet existing academic research has shown no such effect. Using panel data on US counties from 1980 to 2000, this paper presents empirical evidence on a systematic and economically meaningful impact of immigration on crime. Consistent with the economic model of crime this effect is strongest for crimes motivated by financial gain, such as motor vehicle theft and robbery. Moreover, the effect is only present for those immigrants most likely to have poor labor market outcomes. Failure to account for the cost of increased crime would overstate the “immigration surplus” substantially, but would most likely not reverse its sign. Details: Munich: Munich Personal RePEc Archive, 2010. 52p. Source: Internet Resource: MPRA Paper No. 22864: Accessed April 28, 2011 at: http://mpra.ub.uni-muenchen.de/22864/1/MPRA_paper_22864.pdf Year: 2010 Country: United States URL: http://mpra.ub.uni-muenchen.de/22864/1/MPRA_paper_22864.pdf Shelf Number: 121382 Keywords: Economics and CrimeImmigrants and CrimeImmigration |
Author: Ford, Jess T. Title: Border Security: DHS’s Visa Security Program Needs to Improve Performance Evaluation and Better Address Visa Risk Worldwide Summary: Since 2003, the Department of Homeland Security's (DHS) Visa Security Program (VSP) has participated in the visa process by reviewing applications at some embassies and consulates, with the intention of preventing individuals who pose a threat from entering the United States. The attempted bombing of an airline on December 25, 2009, renewed concerns about the security of the visa process and the effectiveness of the VSP. For this report GAO assessed (1) the ability of DHS's Immigration and Customs Enforcement (ICE) to measure the program's objectives and performance, (2) challenges to VSP operations, and (3) ICE efforts to expand the VSP program. To evaluate the VSP, we reviewed VSP data, guidance, and the ICE's 5-year expansion plan. We also interviewed ICE officials, and observed VSP operations at 6 posts overseas. ICE cannot accurately assess progress toward its VSP objectives. ICE outlined three primary objectives of the VSP--identifying and counteracting potential terrorist threats from entering the United States, identifying not-yet-known threats, and maximizing law enforcement and counterterrorism value of the visa process--and established performance measures intended to assess VSP performance, including situations where VSP agents provide information that results in a consular officer's decision to deny a visa. ICE's VSP tracking system, used to collect data on VSP activities, does not gather comprehensive data on all the performance measures needed to evaluate VSP mission objectives. In addition, data collected by ICE on VSP activities were limited by inconsistencies. ICE upgraded its VSP tracking system in April 2010 to collect additional performance data, but the system still does not collect data on all the performance measures. Therefore, ICE's ability to comprehensively evaluate the performance of the VSP remains limited. While ICE can provide some examples demonstrating the success of VSP operations, ICE has not reported on the progress made toward achieving all VSP objectives. Several challenges to the implementation of the VSP affected operations overseas. DHS and the Department of State (State) have issued some guidance, including several memorandums of understanding, to govern VSP operations. However, some posts experienced difficulties because of the limited guidance regarding interactions between State officials and VSP agents, which has led to tensions between the VSP agents and State officials at some posts. In addition, most VSP posts have not developed standard operating procedures for VSP operations, leading to inconsistency among posts. Additionally, the mandated advising and training of consular officers by VSP agents varies from post to post, and at some posts consular officers received no training. Finally, VSP agents perform a variety of investigative and administrative functions beyond their visa security responsibilities that sometimes slow or limit visa security activities, and ICE does not track this information in the VSP tracking system, making it unable to identify the time spent on these activities. In 2007, ICE developed a 5-year expansion plan for the VSP, but ICE has not fully followed or updated the plan. For instance, ICE did not establish 9 posts identified for expansion in 2009 and 2010. Furthermore, the expansion plan states that risk analysis is the primary input to VSP site selection, and ICE, with input from State, ranked visa-issuing posts by visa risk, which includes factors such as the terrorist threat and vulnerabilities present at each post. However, 11 of the top 20 high-risk posts identified in the expansion plan are not covered by the VSP. Furthermore, ICE has not taken steps to address visa risk in high-risk posts that do not have a VSP presence. Although the expansion of the VSP is limited by a number of factors, such as budgetary limitations or limited embassy space, ICE has not identified possible alternatives that would provide the additional security of VSP review at those posts that do not have a VSP presence. GAO made several recommendations designed to address weaknesses we identified in the VSP. DHS concurred with the recommendations that the VSP provide consular officer training and develop a plan to provide more VSP coverage at high-risk posts. DHS did not concur with the recommendations that the VSP collect comprehensive data on all performance measures and track the time spent on visa security activities. GAO continues to maintain that these recommendations are necessary to accurately assess VSP performance. Details: Washington, DC: GAO, 2011. 41p. Source: Internet Resource: GAO-11-315: Accessed April 22, 2011 at: http://www.gao.gov/new.items/d11315.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11315.pdf Shelf Number: 121478 Keywords: Border SecurityComputer SecurityHomeland SecurityImmigrationTerrorismVisa Security |
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: Papademetriou, Demetrios G. Title: A New Architecture for Border Management Summary: This report commissioned to inform the work of MPI’s Transatlantic Council on Migration for its meeting on “Restoring Trust in the Management of Migration and Borders” examines the emergence of a new border architecture resulting from the explosion in global travel and the dawning of the age of risk. This new border architecture must respond effectively to the seemingly competing demands of facilitating mobility while better managing the risks associated with cross-border travel (e.g. terrorism, the entry of unwanted migrants, and organized crime). The report examines the information-sharing agreements, technology innovations, and multilateral partnerships that have emerged as key components of the new architecture for border management, and discusses challenges and considerations for the future. Details: Washington, DC: Migration Policy Institute, 2011. 29p. Source: Internet Resource: Accessed April 28, 2011 at: http://www.migrationpolicy.org/pubs/borderarchitecture.pdf Year: 2011 Country: International URL: http://www.migrationpolicy.org/pubs/borderarchitecture.pdf Shelf Number: 121571 Keywords: Border SecurityIllegal AliensImmigrationOrganized CrimeTerrorism |
Author: Padavan, Frank Title: The Counterfeit Connection : The Counterfeit Goods Trade, Intellectual Property Theft and Terrorist Financing: With a Discussion of Illegal Immigration, Alien Smuggling and Human Trafficking Summary: This report focuses on the counterfeit goods trade and its connection to terrorism financing. The purpose of the report is to explore the connections between illegal immigration, including alien smuggling and human trafficking, and the counterfeit goods trade and terrorist financing. Details: Albany, NY: New York State Senate Majority Task Force on Immigration, 2005. 108p. Source: Internet Resource: Accessed April 29, 2011 at: http://nysl.nysed.gov/uhtbin/cgisirsi/xK6obNlwCS/NYSL/62700081/9 Year: 2005 Country: United States URL: http://nysl.nysed.gov/uhtbin/cgisirsi/xK6obNlwCS/NYSL/62700081/9 Shelf Number: 121574 Keywords: Counterfeit GoodsHuman TraffickingIllegal AliensIllegal TradeImmigrationTerrorismTerrorist Financing |
Author: The Children's Society (U.K.) Title: What Have I Done? The Experiences of Children and Families in UK Immigration Detention: Lessons to Learn Summary: This report examines the experiences of 32 families detained prior to the coalition’s pledge, in May 2010, to end the immigration detention of children. The research emphasises the importance of safeguarding issues around the use of immigration detention and the impact on children’s physical and emotional health. Some of the most shocking experiences, and those that the government should be most keen to avoid in future, include: •Children witnessing traumatic events, including hunger strikes and suicide attempts and the use of restraint on their parents. •High levels of stress, fear, confusion, and feelings of hopelessness and degradation experienced by family members in detention. •Many children did not eat, or lost weight, during detention. Families had medication removed upon arrival or missed important medical appointments as a consequence of detention. One child was detained for a second time despite suffering from post traumatic stress disorder after her first detention. •The majority of children experienced emotional distress during detention, including sleeplessness, nightmares and constant crying. •After release from detention, the majority of families experienced on-going and persistent effects on their mental and emotional health. The Children's Society is concerned that the UK Border Agency’s new pre-departure accommodation could replicate some of these experiences. Families can still be held for up to a week in ‘exceptional circumstances’. Questions about the potential impact on children of separating families during the returns process also remain. Recommendations in the report include: •There should be no attempts to split families in order to detain parents without their children. •For those families who will be held in pre-departure accommodation, the health and welfare of children should be monitored and the risks of harm carefully managed. •Asylum seekers should receive good quality legal advice earlier on in the process. •Children’s views should be taken into account on all issues that affect them. The Children's Society’s Chief Executive, Bob Reitemeier, said: 'The Children's Society is delighted that children will no longer be detained in Yarl’s Wood for long periods of time. The government has made progress so far by reducing the numbers of children detained and the length of detention since the pledge was made in May 2010. 'It remains to be seen how exactly the new arrangements will be used. We will be paying particular attention to whether detention in pre-departure accommodation will be used as a genuine last resort, for the shortest time possible, and in the most exceptional cases. It is not yet clear if it will be just another form of detention that harms children. Details: London: The Children's Society, 2011. 80p. Source: Internet Resource: Accessed May 17, 2011 at: http://www.childrenssociety.org.uk/sites/default/files/tcs/research_docs/immigration%20experiences_full%20report.pdf Year: 2011 Country: United Kingdom URL: http://www.childrenssociety.org.uk/sites/default/files/tcs/research_docs/immigration%20experiences_full%20report.pdf Shelf Number: 121730 Keywords: Illegal MigrantsImmigrant Detention, Children (U.K.)ImmigrationJuvenile Detention, Immigrants |
Author: 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: Manuel, Kate M. Title: State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona’s S.B. 1070 Summary: On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. Potentially sweeping in effect, the measure requires state and local law enforcement officials to facilitate the detection of unauthorized aliens in their daily enforcement activities. The measure also establishes criminal penalties under state law, in addition to those already imposed under federal law, for alien smuggling offenses and failure to carry or complete alien registration documents. Further, it makes it a crime under Arizona law for an unauthorized alien to apply for or perform work in the state, either as an employee or an independent contractor. The enactment of S.B. 1070 has sparked significant legal and policy debate. Supporters argue that federal enforcement of immigration law has not adequately deterred the migration of unauthorized aliens into Arizona, and that state action is both necessary and appropriate to combat the negative effects of unauthorized immigration. Opponents argue, among other things, that S.B. 1070 will be expensive and disruptive, will be susceptible to uneven application, and can undermine community policing by discouraging cooperation with state and local law enforcement. In part to respond to these concerns, the Arizona State Legislature modified S.B. 1070 on April 30, 2010, through the approval of H.B. 2162. Whenever states enact laws or adopt policies to affect the entry or stay of noncitizens, including aliens present in the United States without legal authorization, questions can arise whether Congress has preempted their implementation. For instance, Congress may pass a law to preempt state law expressly. Further, especially in areas of strong federal interest, as evidenced by broad congressional regulation and direct federal enforcement, state law may be found to be preempted implicitly. Analyzing implicit preemption issues can often be difficult in the abstract. Prior to actual implementation, it might be hard to assess whether state law impermissibly frustrates federal regulation. Nevertheless, authority under S.B. 1070, as originally adopted, for law enforcement personnel to investigate the immigration status of any individual with whom they have “lawful contact,” upon reasonable suspicion of unlawful presence, could plausibly have been interpreted to call for an unprecedented level of state immigration enforcement as part of routine policing. H.B. 2162, however, has limited this investigative authority. Provisions in S.B. 1070 criminalizing certain immigration-related conduct also may be subject to preemption challenges. The legal vulnerability of these provisions may depend on their relationship to traditional state police powers and potential frustration of uniform national immigration policies, among other factors. In addition to preemption issues, S.B. 1070 arguably might raise other constitutional considerations, including issues associated with racial profiling. Assessing these potential legal issues may be difficult before there is evidence of how S.B. 1070, as modified, is implemented and applied in practice. Details: Washington, DC: Congressional Research Service, 2011. 27p. Source: Internet Resource: Accessed July 1, 2011 at: http://graphics8.nytimes.com/packages/pdf/topics/science/immigcrs.pdf Year: 2011 Country: United States URL: http://graphics8.nytimes.com/packages/pdf/topics/science/immigcrs.pdf Shelf Number: 121948 Keywords: Border SecurityCriminal Aliens (Arizona)Illegal ImmigrantsImmigration |
Author: Collett, Elizabeth Title: Emerging Transatlantic Security Dilemmas in Border Management Summary: The sheer volume of global travel, which has risen exponentially since the 1960s, puts border management systems under constant pressure. Beyond that growth, border management systems have had to contend with additional risks associated with these movements. Mass-casualty terrorist attacks, rising illegal immigration, and human trafficking have exposed weaknesses in states’ ability to manage their borders effectively. This policy memo examines the infrastructure and policy developments – and challenges – that have occurred in recent years on both sides of the Atlantic, discussing the differing nature and prioritization of those policy challenges. Details: Washington, DC: Migration Policy Institute, 2011. 11p. Source: Internet Resource: Accessed July 12, 2011 at: http://www.migrationpolicy.org/pubs/securitydilemmas-2011.pdf Year: 2011 Country: International URL: http://www.migrationpolicy.org/pubs/securitydilemmas-2011.pdf Shelf Number: 122040 Keywords: Border PatrolBorder SecurityIllegal AliensIllegal ImmigrantsImmigrationTerrorism |
Author: Burns, Casey Title: Literature Review on the Various Immigrant Generations and Their Affect on Crime and Reporting. Summary: Immigration and crime is a topic that becomes more and more popular with the influx of contemporary immigrants. When this topic is discussed, it is generally a blanket statement for all immigrants and how they relate to crime statistics. An important issue that isn’t widely publicized is the different immigrant generations and how they can affect crime rates. Reporting issues and the perceptions of these various immigrant groups is also an area that isn’t widely publicized. A big problem with determining the different levels of crime between the different immigrant groups is who fits into which immigrant generation. What has been found is that there isn’t a huge difference between definitions of immigrant generations, but they sometimes vary from source to source. This literature review is based on the most common definitions of different immigrant generations and how those groups relate to crime. Ultimately, what this paper is trying to discover is how the newest generations of immigrants are represented in crime data as they become more acculturated into American culture compared to the previous immigrant generations. It will also focus on reporting issues and immigrant perceptions of government officials across the different immigrant generations. Details: Rochester, NY: Center for Public Safety Initiatives, Rochester Institute of Technology, 2010. 14p. Source: Internet Resource: Working Paper #2010-12: Accessed August 12, 2011 at: http://www.rit.edu/cla/cpsi/WorkingPapers/2010/2010-12.pdf Year: 2010 Country: United States URL: http://www.rit.edu/cla/cpsi/WorkingPapers/2010/2010-12.pdf Shelf Number: 122353 Keywords: Immigrants and CrimeImmigration |
Author: Bilbray, Brian Title: Broken Neighbor, Broken Border: A Field Investigation Report of the House Immigration Reform Caucus Summary: Since passage into law of the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 and the Secure Fence Act of 2006, illegal entries on the U.S. southern border are down by half. The degree to which these reforms have contributed to this success balanced against the decreased activity of economic illegal aliens due to recession is subject to honest debate. However there is no doubt by any law enforcement agency on the southern border that both reform bills have worked to increase security and reduce illegal entries into the United States, especially at ports of entry. However, the nature of illegal entries has become increasingly dangerous to the homeland security of our nation, based on the near collapse of civil authority in the northern states of Mexico. The Rule of Law in Mexico has degenerated to a point of near anarchy along our shared border. Violent and heavily armed Mexican drug cartel members, human traffickers, and Middle East terrorists are crossing at will, with Al-Qaeda affiliated Somalis the target of Department of Homeland Security alerts in the Houston area. A long-term deployment of a minimum 25,000 armed troops with enforcement power is necessary on our southern border to preserve U.S. sovereignty and the lives of American citizens from organized armed forces hostile to the United States. The southern border of the United States is still being successfully infiltrated by a half million illegal aliens annually, according to Department of Homeland Security statistics. While down from a high mark of over a million in 2006 due to increased manpower and resources of the U.S. Border Patrol and the recession, the nature of illegal crossings has grown far more sinister and threatening. The illegal entrants consist of not just “economic” violators, but also heavily armed drug cartel members and “OTMs” - other than Mexican illegal aliens - from diverse countries including Middle Eastern nations with terrorist factions currently at war with U.S. forces. Mexican drug cartel members now operating inside the United States as a result of these breaches are directly linked to over 28,000 violent murders and executions on the other side of the Rio Grande. According to virtually all law enforcement on the border, Texas and the other border states are in imminent danger of this level of violence exploding across the border into the United States. Kidnappings and murders by the cartels inside the U.S. are already occurring. Both U.S. Border Patrol officers and Texas law enforcement agencies are at present forced to back down from these heavily armed incursions, due to the overwhelming firepower and manpower of the drug cartels. U.S. private property owners on the border have been largely abandoned to defend themselves, and have begun to be murdered. The U.S. Border Patrol is operating under conditions set by the Administration that guarantee hundreds of thousands of illegal aliens will succeed in their effort to infiltrate the United States. The official position of the Administration, which has been forced on the U.S. Border Patrol, is that even after admitting to these conditions, the border is more secure than it has ever been, that U.S. national security needs are being met as well as they can be, and that efforts by the states and local law enforcement to combat this explosive situation beyond the efforts of the Administration should be legally stymied. Texas Sheriffs are now experiencing the first spillovers of the mass murders and executions that have effectively destroyed social order across the border. To place in perspective the degree of anarchy and violence, Mexico has experienced 28,000 murders since the drug wars began in 2006; by comparison, the United States has lost around 6,000 soldiers in both Iraq and Afghanistan since 2001. The U.S. justified going to war against Serbia in 1998 based on an estimated and highly debatable 10,000 civilian casualties in that civil war. Like that conflict, mass graves continue to be found in Mexico, including the most recent discovery of 72 murdered Central and South American immigrants just south of the Texas border. Details: Washington, DC: U.S. House of Representatives, House Immigration Reform Caucus, 2011. 44p. Source: Internet Resource: Accessed August 26, 2011 at: http://www.protectyourtexasborder.com/Portals/6/Documents/Broken%20Neighbor%20Broken%20Border.pdf Year: 2011 Country: United States URL: http://www.protectyourtexasborder.com/Portals/6/Documents/Broken%20Neighbor%20Broken%20Border.pdf Shelf Number: 122487 Keywords: Border Security (U.S.)HomicidesIllegal AliensIllegal ImmigrantsImmigrationViolence |
Author: U.S. Government Accountability Office Title: Department of Homeland Security: Progress Made and Work Remaining in Implementing Homeland Security Missions 10 Years after 9/11 Summary: The events of September 11, 2001, led to profound changes in government policies and structures to confront homeland security threats. Most notably, the Department of Homeland Security (DHS) began operations in 2003 with key missions that included preventing terrorist attacks from occurring in the United States, and minimizing the damages from any attacks that may occur. DHS is now the third-largest federal department, with more than 200,000 employees and an annual budget of more than $50 billion. Since 2003, GAO has issued over 1,000 products on DHS's operations in such areas as border and transportation security and emergency management, among others. As requested, this report addresses DHS's progress in implementing its homeland security missions since it began operations, work remaining, and issues affecting implementation efforts. This report is based on GAO's past and ongoing work, supplemented with DHS Office of Inspector General reports, with an emphasis on reports issued since 2008. GAO also analyzed information provided by DHS in July and August 2011 on recent actions taken in response to prior work. Since it began operations in 2003, DHS has implemented key homeland security operations and achieved important goals and milestones in many areas to create and strengthen a foundation to reach its potential. As it continues to mature, however, more work remains for DHS to address gaps and weaknesses in its current operational and implementation efforts, and to strengthen the efficiency and effectiveness of those efforts to achieve its full potential. DHS's accomplishments include developing strategic and operational plans; deploying workforces; and establishing new, or expanding existing, offices and programs. For example, DHS (1) issued plans to guide its efforts, such as the Quadrennial Homeland Security Review, which provides a framework for homeland security, and the National Response Framework, which outlines disaster response guiding principles; (2) successfully hired, trained, and deployed workforces, such as a federal screening workforce to assume security screening responsibilities at airports nationwide; and (3) created new programs and offices to implement its homeland security responsibilities, such as establishing the U.S. Computer Emergency Readiness Team to help coordinate efforts to address cybersecurity threats. Such accomplishments are noteworthy given that DHS has had to work to transform itself into a fully functioning department while implementing its missions--a difficult undertaking that can take years to achieve. While DHS has made progress, its transformation remains high risk due to its management challenges. Examples of progress made and work remaining include: Border security. DHS implemented the U.S. Visitor and Immigrant Status Indicator Technology program to verify the identities of foreign visitors entering and exiting the country by processing biometric and biographic information. However, DHS has not yet determined how to implement a biometric exit capability and has taken action to address a small portion of the estimated overstay population in the United States (individuals who legally entered the country but then overstayed their authorized periods of admission). Aviation security. DHS developed and implemented Secure Flight, a program for screening airline passengers against terrorist watchlist records. DHS also developed new programs and technologies to screen passengers, checked baggage, and air cargo. However, DHS does not yet have a plan for deploying checked baggage screening technologies to meet recently enhanced explosive detection requirements, a mechanism to verify the accuracy of data to help ensure that air cargo screening is being conducted at reported levels, or approved technology to screen cargo once it is loaded onto a pallet or container. Emergency preparedness and response. DHS issued the National Preparedness Guidelines that describe a national framework for capabilities-based preparedness, and a Target Capabilities List to provide a national-level generic model of capabilities defining all-hazards preparedness. DHS is also finalizing a National Disaster Recovery Framework, and awards preparedness grants based on a reasonable risk methodology. However, DHS needs to strengthen its efforts to assess capabilities for all-hazards preparedness, and develop a long-term recovery structure to better align timing and involvement with state and local governments' capacity. Chemical, biological, radiological and nuclear (CBRN) threats. DHS assessed risks posed by CBRN threats and deployed capabilities to detect CBRN threats. However, DHS should work to improve its coordination of CBRN risk assessments, and identify monitoring mechanisms for determining progress made in implementing the global nuclear detection strategy. GAO's work identified three themes at the foundation of DHS's challenges. This report contains no new recommendations. Details: Washington, DC: GAO, 2011. 225p. Source: Internet Resource: GAO-11-881: Accessed September 12, 2011 at: http://www.gao.gov/new.items/d11881.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11881.pdf Shelf Number: 122718 Keywords: Aviation SecurityCounter-TerrorismCyber SecurityHomeland Security (U.S.)ImmigrationMaritime SecurityRisk ManagementTerrorismTransportation Security |
Author: Branche, Afton Title: The Cost of Failure: The Burden of Immigration Enforcement in America's Cities Summary: Faced with gaping budget shortfalls, communities across America are struggling to preserve core public services. Yet amidst cutbacks to education, street repairs, and even fire protection, one growing burden on our cities has gone largely unexamined: the local costs of enforcing the nation’s federal immigration laws. This paper explores the fiscal, administrative, public safety and civic costs that cities incur as they assume increased responsibility for immigration enforcement. We find that while the vast majority of Americans believe that the nation’s immigration system needs to be reformed, the current laws are being enforced more rigorously than ever – and our fiscally strapped cities are bearing too much of the cost. Drawing on the latest research in cities around the country, we examine three federal-local partnership programs that leverage urban communities and their resources in service of federal immigration enforcement goals—287(g), Secure Communities and the Criminal Alien Program. We find that these programs impose high costs on city budgets and local economies, prove counterproductive to protecting public safety, and draw support from a misguided understanding of the relationship between immigration and crime. KEY FINDINGS Local immigration enforcement is costly for city budgets and local economies. One joint federal-local enforcement program, 287(g), costs many local governments more than a million dollars in unreimbursed costs a year. Mecklenburg County, NC, spent an estimated $5.3 million to set up and operate the 287(g) program in its first year. According to the Government Accountability Office, 62 percent of local law enforcement agencies that participate in 287(g) receive no federal reimbursement for any costs associated with the program. The federal government reimburses cities for less than a quarter of city and county costs for jailing immigrants who have committed crimes, an expense incurred under all the federal-local enforcement programs. Immigrants produce 20 percent of the economic output in the nation’s largest metropolitan areas, according to the Fiscal Policy Institute. When immigration enforcement programs succeed in pushing local immigrant populations underground, local economies suffer: businesses close, jobs and tax revenue are lost. Local immigration enforcement is counterproductive to public safety. Enforcing civil immigration law diverts police time and resources away from criminal matters. In one extreme case, when Maricopa County, AZ began immigration enforcement, local deputies arrived late two-thirds of the time to the most serious emergency 911 calls. County detectives’ arrest rates for criminal investigations plummeted. Local immigration enforcement undermines police-community relationships in immigrant communities, deterring crime reporting. In Salt Lake City, UT, experts found that one in three city residents are unwilling to report drug-related crimes when local law enforcement has the power to detain based on immigration status. The growth of Secure Communities, a mandatory program for local governments, undermines successful community policing strategies including policies in which local authorities agree not to inquire about the immigration status of crime victims and suspects. Local immigration enforcement is misguided as a crime control strategy. Immigration and Customs Enforcement (ICE) reportedly aims to target non-citizens who have committed serious crimes. Yet 57 percent of immigrants identified by the Criminal Alien Program and 65 percent of those identified by 287(g) in FY 2009 were never convicted of a crime. Since October 2008, Secure Communities has transferred over 52,000 non-criminal immigrants to ICE custody. Among the immigrants detained by local law enforcement who were convicted of crimes, many were charged with minor offenses. In Davidson County, TN, 75 percent of immigrants marked for deportation were picked up for traffic offenses. In Irving, TX, 98 percent of individuals held under immigration detainers were charged with misdemeanors. Proponents of local immigration enforcement make false connections between immigration and crime. According to decades of research, immigrants—including undocumented immigrants—don’t commit crimes at higher rates than U.S.-born residents. The majority of communities have low or declining crime rates when they sign local immigration enforcement agreements. The proliferation of local 287(g) agreements is more closely linked to the rapid growth of a region’s immigrant population (including legal residents as well as unauthorized immigrants) and to its ideological bent than it is to rates of violent or property crime. The consequences of immigration policy decisions made—or avoided—at the federal level manifest on the ground in cities, where millions of immigrants and their families have settled. Effective immigration enforcement in cities will ultimately require a comprehensive reform of our immigration policy, including a more flexible visa program to encourage legal entry and a path to legal residence and citizenship status for currently undocumented immigrants. Federal policies that provide for the legalization and integration of immigrants and their families will help address the challenges faced by new destination cities confronting rapid demographic change. Without these and other immigration reforms, our expanding local enforcement system will continue to burden our cities and sweep up hundreds of thousands of non-criminal immigrants who are supporting urban economies by living, working and raising families. Details: Washington, DC: Drum Major Institute for Public Policy, 2011. 37p. Source: Internet Resource: Accessed September 24, 2011 at: http://www.drummajorinstitute.org/pdfs/DMI_Cost_of_Failure.pdf Year: 2011 Country: United States URL: http://www.drummajorinstitute.org/pdfs/DMI_Cost_of_Failure.pdf Shelf Number: 122897 Keywords: Costs of Criminal JusticeIllegal Immigrants (U.S.)ImmigrationImmigration Enforcement |
Author: Mann, Itamar Title: The EU’s Dirty Hands: Frontex Involvement in Ill-Treatment of Migrant Detainees in Greece Summary: Between November 2, 2010 and March 2, 2011, nearly 12,000 migrants entering Greece at its land border with Turkey were arrested and detained. The detention facilities where they were held did not meet minimal human rights standards. Though their treatment varied from place to place, the European Court of Human Rights (ECtHR) has held that migrant detention in Greece generally constitutes “inhuman and degrading treatment.” During this same period, the European Union’s (EU) agency for the management of operational cooperation at external borders, Frontex, provided Greece with both manpower and material support, made available by participating states, which facilitated the detention of those migrants in sub-human conditions in Greece’s overcrowded migrant detention centers. This report addresses this disturbing contradiction. Although the ECtHR categorically ruled that the transfer of migrants to detention in Greece would expose them to prohibited abuse, an executive agency of the EU and border guards from EU member states knowingly facilitate such transfers. The focus of this report is the period of Frontex’s “RABIT 2010” deployment in Greece. With RABIT (“Rapid Border Intervention Team”), Frontex deployed 175 border guards contributed by Norway and EU member states to the Greek government’s efforts to manage the influx of migrants into the northeastern region of Greece along the Evros River bordering Turkey. The “guest officers,” chosen from a pool provided by participating EU member states and other non-EU European states, operated in Greece in their respective national uniforms but not under the operational control of their home authorities. Frontex describes its mission as one of coordination, research, and surveillance. But Frontex sent equipment such as vans, buses, patrol cars, and a helicopter, provided by participating states, and covered the expenses incurred by the RABIT operation. Frontex also operated in close proximity to the four detention centers where human rights violations have consistently been recorded. During the RABIT operation, guest officers from participating states who went out on patrols with at least one Greek officer were authorized to apprehend migrants and then transfer them to Greek counterparts who ran the detention facilities. Details: New York: Human Rights Watch, 2011. 64p. Source: Internet Resource: Accessed September 24, 2011 at: http://www.hrw.org/sites/default/files/reports/greece0911webwcover_0.pdf Year: 2011 Country: Greece URL: http://www.hrw.org/sites/default/files/reports/greece0911webwcover_0.pdf Shelf Number: 122899 Keywords: Illegal Immigrants (Greece)Immigrant DetentionImmigration |
Author: Meyer, Maureen Title: A Dangerous Journey through Mexico: Human Rights Violations against Migrants in Transit Summary: The August 2010 massacre of 72 migrants in Tamaulipas, Mexico was not an isolated event but rather an alarming example of the daily abuses suffered by migrants in transit in the country, concludes a report published today by the Washington Office on Latin America (WOLA) and the Miguel Agustin Pro Juarez Human Rights Center (Center Prodh). The report, A Dangerous Journey Through Mexico: Human Rights Violations Against Migrants in Transit, documents how migrants, primarily Central Americans, are often beaten, extorted, sexually abused, and/or kidnapped by criminal groups while they travel through Mexico on their way to the United States. It discusses the failure of the Mexican government to protect migrants in transit and the direct participation or acquiescence of Mexican authorities in several cases of abuse. Drawing from work of migrants' rights organizations, the report includes testimonies of three migrants who were kidnapped by criminal groups in Mexico. Details: Washington, DC: Washington Office on Latin America, 2010. 12p Source: Internet Resource: Accessed September 28, 2011 at: http://www.wola.org/publications/a_dangerous_journey_through_mexico_human_rights_violations_against_migrants_in_transit Year: 2010 Country: Mexico URL: http://www.wola.org/publications/a_dangerous_journey_through_mexico_human_rights_violations_against_migrants_in_transit Shelf Number: 122936 Keywords: Drug CartelsDrug TraffickingHuman RightsImmigrationKidnappingsMigrants (Mexico) |
Author: Flynn, Michael Title: Immigration Detention in Switzerland; A Global Detention Project Special Report Summary: This Global Detention Project special report is meant to serve as an overview of and contribute substantively to our current state of knowledge of the Swiss immigration detention estate. In line with the objectives of the GDP, an important aim of the paper is to facilitate transparency with respect to this practice by carefully documenting where detention centres are located, the grounds for which people can be held at these facilities, and the conditions that prevail in some of them. It assesses the various situations that different kinds of migrants confront when they are deprived of their liberty, highlights vulnerabilities faced by particular categories of detainees, and recounts the findings of both national and international rights groups who have investigated Swiss detention practices. Ultimately, the GDP hopes that this report can serve as the basis for a more informed public debate—both in and outside Switzerland—about a practice whose recent growth throughout Europe and elsewhere in the world is matched only by its increasing notoriety. The report is divided into two main sections: a section on policy, which discusses key features of Swiss immigration detention practices, including the reasons people can be detained, lengths of detention, procedural guarantees provided in law, and issues related to vulnerable groups like children and asylum seekers; and a section on detention infrastructure, which details the types of facilities Switzerland uses to confine people for immigration-related reasons and reviews the assessments of these facilities produced by civil society actors and international organizations. The paper concludes with a brief evaluation of how Swiss practices compare to those of its neighbours. Details: Geneva: Global Detention Project, Programme for the Study of Global Migration Graduate Institute of International and Development Studies, 2011. 44p. Source: Internet Resource: Accessed October 20, 2011 at: http://www.globaldetentionproject.org/fileadmin/publications/GDP_Swiss_detention_report.pdf Year: 2011 Country: Switzerland URL: http://www.globaldetentionproject.org/fileadmin/publications/GDP_Swiss_detention_report.pdf Shelf Number: 123069 Keywords: Illegal Immigrants (Switzerland)Immigrant DetentionImmigration |
Author: New York University School of Law Immigrant Rights Clinic Title: Justice Derailed: What Raids on New York’s Trains and Buses Reveal about Border Patrol’s Interior Enforcement Practices Summary: This report is the first-ever in-depth examination of the Border Patrol’s transportation raids in upstate New York. It paints a disturbing picture of an agency resorting to aggressive policing tactics in order to increase arrest rates, without regard for the costs and consequences of its practices on New Yorkers’ rights and freedoms. The report extends beyond transportation raids to other Border Patrol practices as well, raising serious concerns about an agency that appears to be driven by the belief that the regular rules of the Constitution do not apply to it. American democracy was founded on the idea that people possess certain inalienable rights, among them the right to privacy and the right to move freely about the country. Throughout this nation’s history, Americans have never been required to carry identification papers proving their citizenship. “Show me your papers” is a statement posed to people living under oppressive regimes, not those residing in the world’s oldest democracy. Anyone who has traveled on trains and buses through upstate New York in recent years has cause to question the federal government’s fealty to these core democratic values. Throughout central and western New York, armed Border Patrol agents routinely board trains and buses nowhere near the border to question passengers about their citizenship. They force certain people to produce documents proving their citizenship or immigration status. Passengers who cannot produce documentation to an agent’s satisfaction are subjected to arrest, detention and potential deportation. These “transportation raids” occur many miles from the Canadian border or any point of entry into the United States. They do little to protect the border, but they threaten constitutional protections that apply to citizens and immigrants alike, invite racial profiling, tear apart families and burden taxpayers with the cost of detaining individuals who were arrested while innocently going about their business. The transportation raids also serve as a window into the practices of an agency that, although charged with policing the border, abuses its authority through its unprecedented reach into the interior of the United States and the use of aggressive search and seizure procedures that do not comport with standards and expectations for domestic policing or interior immigration enforcement. While the full extent of the Border Patrol’s interior enforcement practices remains unknown, community groups have documented abuses of power that extend beyond the transportation system and into our state’s towns and villages. These concerns include complaints of Border Patrol agents wrongfully stopping, questioning and arresting individuals, including United States citizens, and engaging in improper enforcement practices in close collaboration with state and local police. This report is the first in-depth examination of transportation raids by Border Patrol agents in upstate New York, particularly in the Rochester Station within the Border Patrol’s Buffalo sector. Through a Freedom of Information Act request, which is still being litigated, the authors of this report obtained a complete dataset of all transportation arrests in Rochester Station from 2006 to 2009 and detailed information on a random sample of 200 of those arrests. Analysis of the documents obtained through the FOIA litigation and other publicly available documents confirm that Rochester Station’s interior transportation raids represent a shift from the Border Patrol’s mission of policing the border. Furthermore, the evidence suggests an established pattern of misconduct by Border Patrol agents in the course of transportation raids. Key preliminary findings from this data include the following: Despite the Border Patrol’s mission of policing the border, transportation raids do not target recent border-crossers. From 2006 to 2009, less than 1 percent of transportation raid arrests were made at entry, and only 1 percent were made within 72 hours of entry. In contrast, 76 percent of those arrested on transportation raids in Rochester had been in the United States for more than a year, and 12 percent of these individuals had been present for more than 10 years. Interior transportation raid arrests represent the majority of the Rochester Station’s arrests despite the fact that they occur far from any point-of-entry into the United States. Although the agency long sought to block release1 of precise yearly data, we now know that transportation arrests constituted almost two-thirds of all arrests in Rochester between 2007 and 2009. Agents widely violate established arrest procedures in the course of transportation raids. In 77 percent of all transportation raid arrests between 2006 and 2009, Rochester Station officers violated the two-officer rule, which requires that someone other than the arresting officer, whose judgment may be clouded by numerous factors, examine the person who was arrested and determine whether to commence removal proceedings or exercise prosecutorial discretion. In addition to violating the agency’s own regulations, such violations implicate significant due process rights and Fourth Amendment requirements. Despite the immense human and financial costs of overzealous detention, data culled from the sample of Rochester transportation raid arrests reveal that more than 73 percent of individuals arrested were then placed in a detention facility rather than released while awaiting the adjudication of their case. The data further indicates that were it not for a lack of bed space, agents would have detained an even higher percentage of transportation raid arrestees. Details: New York: New York Civil Liberties Union, 2011. 46p. Source: Internet Resource: Accessed November 10, 2011 at: http://www.nyclu.org/files/publications/NYCLU_justicederailedweb.pdf Year: 2011 Country: United States URL: http://www.nyclu.org/files/publications/NYCLU_justicederailedweb.pdf Shelf Number: 123301 Keywords: Border PatrolBorder Security (U.S.)Illegal ImmigrantsImmigrationTransportation |
Author: Rabin, Nina Title: Disappearing Parents: A Report on Immigration Enforcement and the Child Welfare System Summary: Quiet, slow motion tragedies unfold every day in immigration detention centers throughout the country, as parents caught up in immigration enforcement are separated from their young children and disappear into the detention system. If no relative is identified who can take the children at the time of an immigrant parent's apprehension, the children may be placed in state custody and find themselves in foster homes, abruptly unable to communicate with their parents or even know where their parents are. If parents choose to accept their deportation, they risk being forever separated from their children, since their children will likely be unable to accompany them so long as they remain in state custody. If parents choose instead to fight their deportation, they often remain detained for months or even years, greatly complicating efforts to reunify as a family even if they are eventually successful in their case against deportation. Details: Tucson: Bacon Immigration Law and Policy Program, James E. Rogers College of Law, University of Arizona, 2011. 38p. Source: Internet Resource: Accessed November 23, 2011 at: http://www.law.arizona.edu/depts/bacon_program/pdf/disappearing_parents_report_final.pdf Year: 2011 Country: United States URL: http://www.law.arizona.edu/depts/bacon_program/pdf/disappearing_parents_report_final.pdf Shelf Number: 123439 Keywords: Children of Illegal ImmigrantsIllegal Immigrants (Arizona)Immigrant DetentionImmigrationImmigration Enforcement |
Author: Heartland Alliance. National Immigrant Justice Center Title: Isolated in Detention: Limited Access to Legal Counsel in Immigration Detention Facilities Jeopardizes a Fair Day in Court Summary: U.S. law requires that individuals in immigration proceedings receive a “reasonable opportunity” to present their case in court. But the U.S. government routinely limits this right when it detains thousands of people in immigration detention facilities far from legal service providers, fails to adequately support programs to inform detainees of their rights, and restricts detainees’ phone contact with attorneys. Heartland Alliance’s National Immigrant Justice Center (NIJC) conducted a comprehensive national survey measuring access to counsel in detention facilities and found that the availability of affordable legal services for immigrant detainees is grossly inadequate. The geographic isolation of many detention facilities hinders detainees’ ability to obtain counsel. Policies that restrict detainees from contacting legal counsel by phone further isolate these men, women, and children. NIJC surveyed 150 of the estimated 300 immigration detention facilities in operation between August and December 2009. The survey sample accounted for 31,355 detainee beds, the vast majority of the 32,000 beds available to hold immigrants for the Department of Homeland Security’s Immigration and Customs Enforcement (ICE). NIJC then interviewed as many legal aid organizations providing services for detained immigrants as it was able to locate. The scope of NIJC’s survey illustrates a systemic problem facing detainees trying to access counsel: the United States detains nearly 400,000 immigrants per year, yet there are only 102 non-governmental organizations providing legal services to detainees, and the vast majority of those organizations have fewer than five staff members dedicated to detention work. Details: Chicago: National Immigrant Justice Center, 2010. 50p. Source: Internet Resource: Accessed November 23, 2011 at: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/Detention%20Isolation%20Report%20FULL%20REPORT%202010%2009%2023_0.pdf Year: 2010 Country: United States URL: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/Detention%20Isolation%20Report%20FULL%20REPORT%202010%2009%2023_0.pdf Shelf Number: 123443 Keywords: Illegal AliensIllegal Immigrants (U.S.)Immigrant DetentionImmigration |
Author: U.S. General Accounting Office Title: Border Security: Additional Steps Needed to Ensure That Officers Are Fully Trained Summary: Recent incidents involving potential terrorists attempting to enter the country highlight the need for a vigilant and well-trained workforce at the border. U.S. Customs and Border Protection (CBP), within the Department of Homeland Security, is the lead federal agency in charge of inspecting travelers and goods for admission into the United States. About 20,000 CBP officers play a central role in ensuring that CBP accomplishes its mission of securing the border while also facilitating the movement of millions of legitimate travelers and billions of dollars in international trade. GAO was asked to assess the extent to which CBP has (1) revised its training program for newly hired CBP officers in accordance with training standards and (2) identified and addressed the training needs of incumbent CBP officers. GAO analyzed data and documentation related to the agency’s training efforts, such as its covert test program and its training records. GAO also interviewed CBP officials and CBP officers. This is a public version of a sensitive report that GAO issued in October 2011. Information CBP deemed sensitive has been redacted. To improve CBP training efforts, GAO recommends that the CBP Commissioner evaluate the “Back to Basics” training course; analyze covert test results; establish a policy for training responsibilities, including oversight of training records; and, conduct a training needs assessment. CBP concurred with the recommendations and is taking steps to address them. Details: Washington, DC: GAO, 2011. 43p. Source: Internet Resource: GAO-12-269: Accessed January 10, 2012 at: http://www.gao.gov/assets/590/587314.pdf Year: 2011 Country: United States URL: http://www.gao.gov/assets/590/587314.pdf Shelf Number: 123548 Keywords: Border PatrolBorder SecurityCustom EnforcementImmigrationTerrorismTerroristsTraining, Border Personnel |
Author: Wasem, Ruth Ellen Title: Unauthorized Aliens Residing in the United States: Estimates Since 1986 Summary: Estimates derived from the March Supplement of the U.S. Census Bureau’s Current Population Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) rose from 3.2 million in 1986 to 11.2 million in 2010. Jeffrey Passel, a demographer with the Pew Hispanic Research Center, has been involved in making these estimations since he worked at the U.S. Bureau of the Census in the 1980s. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. The estimates of unauthorized aliens peaked at an estimated 12.4 million in 2007. About 39% of unauthorized alien residents in 2010 were estimated to have entered the United States in 2000 or later. Similarly, the Department of Homeland Security’s Office of Immigration Statistics (OIS) reported an estimated 10.8 million unauthorized alien residents as of January 2010, up from 8.5 million in January 2000. The OIS estimated that 6.6 million of the unauthorized alien residents were from Mexico, an estimate comparable to Passel and D’Vera Cohn’s calculation of 6.5 million. The OIS based its estimates on data from the U.S. Census Bureau’s American Community Survey. The OIS estimated that the unauthorized resident alien population in the United States increased by 37% over the period 2000 to 2008, then leveled off in 2009 and 2010. Research suggests that various factors have contributed to the ebb and flow of unauthorized resident aliens, and that the increase is often attributed to the “push-pull” of prosperity-fueled job opportunities in the United States in contrast to limited or nonexistent job opportunities in the sending countries. Accordingly, the economic recession that began in December 2007 may have curbed the migration of unauthorized aliens, particularly because sectors that traditionally rely on unauthorized aliens, such as construction, services, and hospitality, have been especially hard hit. Some researchers also suggest that the increased size of the unauthorized resident population during the late 1990s and early 2000s is an inadvertent consequence of border enforcement and immigration control policies. They posit that strengthened border security has curbed the fluid movement of seasonal workers. This interpretation, generally referred to as a caging effect, argues that these policies have raised the stakes in crossing the border illegally and created an incentive for those who succeed in entering the United States to stay. The current system of legal immigration is cited as another factor contributing to unauthorized alien residents. The statutory ceilings that limit the type and number of immigrant visas issued each year create long waits for visas. According to this interpretation, many foreign nationals who would prefer to come to the United States legally resort to illegal avenues in frustration over the delays. It is difficult, however, to demonstrate a causal link or to guarantee that increased levels of legal migration would absorb the current flow of unauthorized migrants. Furthermore, some researchers speculate that the doubling in deportations since 2001 might also have had a chilling effect on family members weighing unauthorized residence in recent years. Some observers point to more elusive factors when assessing the ebb and flow of unauthorized resident aliens—such as shifts in immigration enforcement priorities away from illegal entry to removing suspected terrorists and criminal aliens, or discussions of possible “amnesty” legislation. This report does not track legislation and will be updated as needed. Details: Washington, DC: Congressional Research Service, 2011. 17p. Source: Internet Resource: RL33874: Accessed February 10, 2012 at: http://www.fas.org/sgp/crs/misc/RL33874.pdf Year: 2011 Country: United States URL: http://www.fas.org/sgp/crs/misc/RL33874.pdf Shelf Number: 124038 Keywords: Illegal Aliens (U.S.)Illegal ImmigrantsImmigration |
Author: Pajnik, Mojca Title: Prostitution and Human Trafficking: Gender, Labor and Migration Aspects Summary: Discussing prostitution and human trafficking today means confronting dominant perceptions. In western societies striving to enhance economic efficiency, these either perpetuate the neo-capitalist idea of free choice, or take over the victimization argument which presumably makes obvious the need for “fight and prevention policies” in prostitution or human trafficking. This book problematizes the dominant representations and ideologization of these phenomena, trying to offer new avenues of thought and action. We start from the thesis that one-sided definitions of prostitution, either as the selling of a body identical to any other service provided for money or as a priori violence against women, are inappropriate. While one-sided definitions indeed draw attention to particular dimensions of prostitution, by not taking into account the diversity or the contrasting character of prostitution, they also help create the onesided social construction of prostitution. In this book we argue beyond binary logic and take into account many realities of women and men involved in prostitution and human trafficking. We argue that a dualist understanding is inappropriate because, among other things, it excludes marginalized phenomena in prostitution, for example, male prostitution with women as clients , same-sex and transgender prostitution. Above all, it does not encompass the heterogeneity of experiences and, as the historical comparisons show, it does not introduce any novelty into the public arena. In our analysis we regard prostitution as a form of work which may involve exploitation based on gender differences, or master-slave relations in the case of human trafficking . At the same time, we take into account the possibility that women and men in prostitution are not a priori victims of human trafficking and that a woman is not necessarily an object of sexual consumption. Starting from these premises, we study prostitution by thematizing its various aspects, including work, non-work, women’s work and the sex industry . In so doing, we also identify relational links between prostitution and human trafficking. In this book, gender is not absolutized, nor is sexual orientation presupposed. When thematizing gender we avoid essentialism, while concluding that both prostitution and human trafficking are characterized by unequal relationships and discrimination based on gender differences, and that they are also a consequence of hetero-normativism. Since throughout this text prostitution and human trafficking are considered with gender differences in mind, we mainly refer to female prostitutes or women in prostitution. When we want to refer to male prostitution , or homosexual and heterosexual prostitution, we use the appropriate gender attribute. This form is most frequently used in the chapter on sex work and self-organization of persons in prostitution. In conducting this study, we were also interested in how “outside” observers who do not have direct experience with prostitution or human trafficking perceive the two phenomena. We employed a public opinion survey to find out what men in Slovenia thought about human trafficking and prostitution. According to the rare studies which examined the demand, the clients for sexual services are mainly men. Taking this into account, we conceptualized our study in such a way that it describes in detail the attitude of men towards prostitution. In focusing on male clients for sexual services and male respondents in our public opinion survey we do not wish to prejudice the readers that women do not buy sexual services, nor do we want to suggest that their opinions are less important. Details: Ljubljana, Slovenia: Mirovni Institut, Institute for Contemporary Social and Political Studies, 2008. 154p. Source: Internet Resource: Accessed February 21, 2012 at http://www.mirovni-institut.si/data/tinymce/Publikacije/Prostitucija/MI_politike_prostitution_ENG_final_lowres.pdf Year: 2008 Country: Slovenia URL: http://www.mirovni-institut.si/data/tinymce/Publikacije/Prostitucija/MI_politike_prostitution_ENG_final_lowres.pdf Shelf Number: 124215 Keywords: Human TraffickingImmigrationProstitution (Slovenia)Sex Work |
Author: Davies, John Title: 'My Name is Not Natasha' How Albania Women in France Use Trafficking to Overcome Social Exclusion (1998-2001) Summary: This book analyses and explains a trafficking crisis experienced by a group of Albanian women in Lyon, France, between 1998 and 2001. The book proposes new theoretical explanations for Albanian trafficking that considers women’s experiences of social stigma and exclusion as becoming the main reason for Albanian women being involved in trafficking, after an initial period when young women were mainly deceived into abusive relationships that were then used to coerce them into forced labour. The Albanian trafficking discourse is currently dominated by the idea that Roma and rural women experiencing poverty and social disadvantage are coerced or deceived into trafficking networks that move them across borders and reduce them to sexual slavery because of the ‘demand’ of men for paid sex. This book argues that the conceptualisation that considers trafficking as being best explained by the ‘demand’ of men for paid sex and the naivety of the trafficked women is inadequate for explaining many of the trafficking experiences reported by the Albanian women in Lyon. This book contends that many women were initially deceived into marriage with men who then exploited them; these deceived wives were subjugated through the exploitation of patrilocal marriages that invested in the husband the ability to make non-altruistic household decisions. This meant that their migration could be understood by refining the new economics of migration model and the role of non-altruistic actors who might exploit its processes. Once the nature of trafficking networks became well-known Albanian women increasingly refused to accept such marriages. However, because other Albanian women lacked social networks able to support them in their migration goals, many socially excluded divorced women began to use the trafficking networks as a mobility strategy in pursuit of migration goals beyond prostitution. The book thus argues that many trafficked women were not motivated to migrate because of economic considerations but by a determination to achieve social rehabilitation through foreign marriage. These women wanted to chain migrate but their weak social networks could not sustain their intended migration. Therefore, these women used trafficking as a means to reach destinations where they could build new networks and strengthen their old social networks. Then they would eventually re-engage with their social networks without being an onerous burden. This is a new analysis based on previously unknown data and so the book is original and adds to our knowledge regarding trafficking as a means to pursue chain migration goals by compensating for inadequate social networks through the use of trafficking networks. The book concludes that rather than being best explained by ‘demand’ as a focal problem trafficking can be better understood by considering trafficking as a gendered aspect of crisis in a migration order in transition. This extension of Van Hear’s migration order theory is also a new application of the subjective notion of intolerability as being a substantial motivation for migration. Details: Amsterdam: Amsterdam University Press, 2009. 325p. Source: IMISCOE Dissertations: Internet Resource: Accessed February 29, 2012 at http://dare.uva.nl/document/174696 Year: 2009 Country: International URL: http://dare.uva.nl/document/174696 Shelf Number: 124330 Keywords: Female VictimsForced LaborForced MarriageHuman Traffikcing (France)ImmigrationSex Work |
Author: Mastrobuoni, Giovanni Title: Migration Restrictions and Criminal Behavior: Evidence from a Natural Experiment Summary: We estimate the causal effect of immigrants' legal status on criminal behavior exploiting exogenous variation in migration restrictions across nationalities driven by the last round of the European Union enlargement. Unique individual-level data on a collective clemency bill enacted in Italy five months before the enlargement allow us to compare the post-release criminal record of inmates from new EU member countries with a control group of pardoned inmates from candidate EU member countries. Difference-in-differences in the probability of re-arrest between the two groups before and after the enlargement show that obtaining legal status lowers the recidivism of economically motivated offenders, but only in areas that provide relatively better labor market opportunities to legal immigrants. We provide a search-theoretic model of criminal behavior that is consistent with these results. Details: Moncaliere, Italy: Fondazione Eni Enrico Mattei, 2011. 51p. Source: Internet Resource: FEEM Working Paper No. 53.2011: Accessed March 21, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1891689 Year: 2011 Country: Europe URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1891689 Shelf Number: 124622 Keywords: Illegal AliensIllegal ImmigrationsImmigrants (Europe)Immigrants and CrimeImmigration |
Author: Martin, Jack Title: The Fiscal Burden of Illegal Immigration on United States Taxpayers Summary: This report estimates the annual costs of illegal immigration at the federal, state and local level to be about $113 billion; nearly $29 billion at the federal level and $84 billion at the state and local level. The study also estimates tax collections from illegal alien workers, both those in the above-ground economy and those in the underground economy. Those receipts do not come close to the level of expenditures and, in any case, are misleading as an offset because over time unemployed and underemployed U.S. workers would replace illegal alien workers. With many state budgets in deficit, policymakers have an obligation to look for ways to reduce the fiscal burden of illegal migration. California, facing a budget deficit of $14.4 billion in 2010-2011, is hit with an estimated $21.8 billion in annual expenditures on illegal aliens. New York’s $6.8 billion deficit is smaller than its $9.5 billion in yearly illegal alien costs. The report examines the likely consequences if an amnesty for the illegal alien population were adopted similar to the one adopted in 1986. The report notes that while tax collections from the illegal alien population would likely increase only marginally, the new legal status would make them eligible for receiving Social Security retirement benefits that would further jeopardize the future of the already shaky system. An amnesty would also result in this large population of illegal aliens becoming eligible for numerous social assistance programs available for low-income populations for which they are not now eligible. The overall result would, therefore, be an accentuation of the already enormous fiscal burden. Details: Washington, DC: Federaion for American Immigration Reform, 2010. 98p. Source: Internet Resource: accessed March 21, 2012 at: http://www.fairus.org/site/DocServer/USCostStudy_2010.pdf?docID=4921 Year: 2010 Country: United States URL: http://www.fairus.org/site/DocServer/USCostStudy_2010.pdf?docID=4921 Shelf Number: 124625 Keywords: Illegal AliensIllegal Immigrants (U.S.)Immigration |
Author: National Network for Immigrant and Refugee Rights (NNIRR) Title: Injustice for All: The Rise of the U.S. Immigration Policing Regime Summary: HURRICANE’s 2009-2010 report, Injustice for All: The Rise of the Immigration Policing Regime, finds that the U.S. government has built a brutal system of immigration control and policing that criminalizes immigration status, normalizes the forcible separation of families, destabilizes communities and workplaces, and fuels widespread civil rights violations. This “immigration policing regime” is also fueling racial discrimination and hate violence against immigrants and those perceived to be foreign born or “illegal.” Based on over 100 stories of abuse documented by NNIRR’s initiative, HURRICANE: The Human Rights Immigrant Community Action Network, Injustice for All shows how a new dimension of immigration control, ICE-police collaboration and border security, are hurting communities from the rural areas of New Mexico and North Carolina to New York City and the suburbs of Chicago. Injustice for All includes eleven essays by HURRICANE members in California, Arizona, New Mexico, Texas, Illinois, North Carolina, Rhode Island, and New York. These reports demonstrate how immigration policing impacts border and rural communities, women, Indigenous people, African and South Asian communities and workers. The report’s findings and testimonial essays bring to light the often tragic consequences of this system of immigration policing and its four identifiable pillars: 1. Relentless criminalization of immigration status and use of incarceration. 2. Persistent linking of immigration to the politics of national security and engaging in policing tactics that rely upon racial, ethnic/nationality and religious profiling. 3. Escalating militarization of immigration control and border communities; reinforcing policies and strategies that deliberately “funnel” migrants to cross through the most dangerous segments of the U.S.-Mexico border and compromise the rights and safety of border residents. 4. Scapegoating immigrants for the economic crisis and leveraging anti-immigrant sentiment to push laws and policies that cut and/or eliminate public services, roll back civil rights, environmental, labor and other social protections. Details: Oakland, CA: National Network for Immigrant and Refugee Rights (NNIRR), 2010. 58p. Source: Internet Resource: Acccessed March 23, 2012 at http://www.colawnc.org/files/pdf/injustice_2011.pdf Year: 2010 Country: United States URL: http://www.colawnc.org/files/pdf/injustice_2011.pdf Shelf Number: 124646 Keywords: Border ControlImmigrant DetentionImmigrationImmigration Enforcement |
Author: Wessler, Seth Freed Title: Shattered Families: The Perilous Intersection of Immigration Enforcement and the Child Welfare System Summary: This report presents a national investigation on threats to families when immigration enforcement and the child welfare system intersect. It explores the extent to which children in foster care are prevented from uniting with their detained or deported parents and the failures of the child welfare system to adequately work to reunify these families. Immigration policies and laws are based on the assumption that families will, and should, be united, whether or not parents are deported. Similarly, child welfare policy aims to reunify families whenever possible. In practice, however, when mothers and fathers are detained and deported and their children are relegated to foster care, family separation can last for extended periods. Too often, these children lose the opportunity to ever see their parents again when a juvenile dependency court terminates parental rights. In fiscal year 2011, the United States deported a record-breaking 397,000 people and detained nearly that many. According to federal data released to ARC through a Freedom of Information Act request, a growing number and proportion of deportees are parents. In the first six months of 2011, the federal government removed more than 46,000 mothers and fathers of U.S.-citizen children. These deportations shatter families and endanger the children left behind. Details: New York: Applied Research Center, 2011. 65p. Source: Internet Resource: Accessed March 28, 2012 at: http://act.colorlines.com/acton/form/1069/0041:d-0001/0/index.htm Year: 2011 Country: United States URL: http://act.colorlines.com/acton/form/1069/0041:d-0001/0/index.htm Shelf Number: 124753 Keywords: Child WelfareDeportation (U.S.)Foster CareImmigrant ChildrenImmigrant DetentionImmigrationImmigration Enforcement |
Author: Freeman, Semuteh Title: Immigration Incarceration: The Expansion and Failed Reform of Immigration Detention in Essex County, NJ Summary: This report takes a hard look at the outcome of detention expansion and so-called “reform” of immigration detention in Essex County, New Jersey. Although immigration detention has always been justified as non-punitive, and the rhetoric from the Obama Administration has emphasized a reform of the civil immigration detention system, in recent years there has been an expansion of immigration detention even while detention facilities fail to meet the 2008 and 2011 Immigration and Customs Enforcement Performance-Based National Detention Standards (PBNDS). What is currently happening in Essex County is an example of what occurs when expansion of immigration detention fails to coincide with any meaningful review of the system currently in place. Every indicator of the conditions and treatment of immigrant detainees in Essex County shows a detention system that is failing to meet the bare minimum of humane treatment and due process. What’s more, the increase in the number of immigrants detained and the conditions of their detention are contrary to promises for reform and prosecutorial discretion at the national level, as well as assurances of oversight at the local level. After providing a history of the rise of immigration detention in Essex County, this report will delve into the experiences of detainees who are held in the two facilities—the privately owned and operated Delaney Hall and the Essex County Correctional Facility (hereafter “ECCF”). Part I of the report chronicles the expansion of detention in the United States, specifically the expansion of detention in Essex County, NJ, including information about the two immigration detention facilities in Essex County: Delaney Hall and ECCF. Part II will focus on who is being detained in Delaney Hall and ECCF. Part III will present information about the conditions in Delaney Hall and ECCF for immigrant detainees. Part IV concerns access to legal services and due process for immigrant detainees in Essex County. Details: New York: New York University School of Law, Immigrant Rights Clinic, 2012. 40p. Source: Internet Resource: Accessed March 29, 2012 at: http://afsc.org/sites/afsc.civicactions.net/files/documents/ImmigrationIncarceration2012.pdf Year: 2012 Country: United States URL: http://afsc.org/sites/afsc.civicactions.net/files/documents/ImmigrationIncarceration2012.pdf Shelf Number: 124755 Keywords: Detention CentersIllegal AliensIllegal ImmigrantsImmigrant Detention (New Jersey, US)Immigration |
Author: Kawaguchi, Daiji Title: Brides for Sale: Cross-Border Marriages and Female Immigration Summary: Every year, a large number of women migrate as brides from developing countries to developed countries in East Asia. This phenomenon virtually did not exist in the early 1990s, but foreign brides currently comprise 4 to 35 percent of newlyweds in these developed Asian countries. This paper argues that two factors account for this rapid increase in “bride importation”: the rapid growth of women's educational attainment and a cultural norm that leads to low net surplus of marriage for educated women. We provide empirical evidence supporting our theoretical model and its implications, using datasets from Japan, Korea, Taiwan, and Singapore. Details: Cambridge, MA: Harvard Business School, 2012. 37p. Source: Internet Resource: Working Paper 12-082 Accessed April 19, 2012 at: http://www.hbs.edu/research/pdf/12-082.pdf Year: 2012 Country: Asia URL: http://www.hbs.edu/research/pdf/12-082.pdf Shelf Number: 125028 Keywords: Foreign BridesImmigrationInternational MarriagesMarriages |
Author: Global Detention Project Title: Immigration Detention in Canada: A Global Detention Project Special Report Summary: The issue of immigration detention has been at the centre of a burgeoning public debate in Canada since the summer of 2010, when several hundred Sri Lankan asylum seekers arrived on Vancouver Island aboard a rusty Thai cargo ship called the MV Sun Sea. Several political figures used the event to stoke fears among the public that the country’s asylum system could be used by Tamil terrorists (Naumetz 2011). Authorities detained all 492 asylum seekers, including 63 women and 49 children, for several months at a cost of several million dollars (AI et al 2011). Although boat arrivals represented only a tiny fraction of the total number of asylum claims made in Canada in 2010, the incident spurred the Conservative Party government of Prime Minister Stephen Harper to introduce that year controversial “anti-smuggling” legislation that would impose mandatory 12- month detention without access to independent review for certain categories of arriving non-citizens. The legislation, currently under consideration in Parliament as part of Bill C-31 (Protecting Canada’s Immigration System Act), has been widely condemned by national and international rights groups, as well as opposition political parties. One opposition member of Parliament argued that if the anti-smuggling legislation passed it would “put a lot of emphasis on putting people behind bars before they get due process” (Naumetz 2011). The Sun Sea episode and the ensuing debate over the anti-smuggling law are only the latest manifestations of what some observers claim is Canada’s increasingly restrictive approach to immigration and asylum. This trend has been bolstered by a number of opinion polls in recent years that reveal growing negative attitudes among large swaths of the Canadian public. A government poll conducted in 2007 found that a majority of Canadians think that immigrants who are in the country illegally should be deported, even if they have family members living in the country (Aubry 2007). In a 2008 poll by the Globe and Mail, 61 percent of respondents said that Canada makes too many accommodations for minorities (Laghi 2008). And a September 2010 poll found that 50 percent of Canadians thought the passengers and crew of the Sun Sea should be deported back to their countries even if they have legitimate refugee claims and are not linked to terrorist activities (Vision Critical 2010). Many of Canada’s detention practices compare unfavourably to those of other key destination countries. Thus, for example, although there are widely recognized international human rights norms against using criminal facilities for the purposes of immigration detention, Canada remains one of only a handful of major industrialized countries to make widespread—and, in the case of Canada, increasing—use of prisons to confine non-citizens in administrative detention, where immigration detainees tend to be mixed with the regular prison population. As the Global Detention Project has found in other federal systems like Switzerland and Germany, Canada’s use of local prisons makes accessing up-to-date information about detention activities extraordinarily difficult, raising questions about the overall transparency of the Canadian detention estate. Also, in contrast to other major detaining countries, Canada has no institutionalized framework for independent monitoring of detention conditions and making reports on these conditions publicly available. Additionally, Canada’s lack of detention time limits places the country in the company of a dwindling number of states. On the other hand, Canada has made an effort to reform some detention practices (including detaining fewer numbers of minors in recent years); the detention capacity of its three dedicated facilities is quite small (currently less than 300 total places, though this number is set to expand); its average length of detention (approximately 25 days) places it in the median with respect to other key detaining countries; and the total number of detainees (less than 9,000 in FY 2010-2011) is comparable to that of other countries facing similar migratory pressures, though these numbers could surge in the near future. Additionally, despite the increasing securitization of immigration in public discourse and steadily decreasing numbers of accepted refugees, Canada has continued to settle more than ten thousand refugees yearly and in 2010 it admitted nearly 300,000 permanent residents. As Canada continues to debate its social attitudes and legal responses to immigrants, asylum seekers, and refugees, this GDP special report aims to focus attention on one aspect of its immigration policy—detention—which could be significantly impacted by this debate. This report offers a comprehensive review of Canada’s immigration detention regime and attempts to situate its policies and practices in an international context to enable observers, policy makers, and engaged individuals—both in and outside Canada—to better observe how the country stacks up to its peers and the potential ramifications of its political decision-making. Details: Geneva, Switzerland: Global Detention Project, 2012. 42p. Source: Internet Resource: Accessed May 2, 2012 at: http://www.globaldetentionproject.org/fileadmin/publications/Canada_special_report_2012.pdf Year: 2012 Country: Canada URL: http://www.globaldetentionproject.org/fileadmin/publications/Canada_special_report_2012.pdf Shelf Number: 125123 Keywords: Asylum SeekersIllegal Immigrants (Canada)Immigrant DetentionImmigrationRefugees |
Author: Pinheiro, Erika D. Title: 287(G) and Public Safety: Determining the Effects of Local Immigration Enforcement on Crime Summary: Agreements between Immigration and Customs Enforcement (ICE) and local law enforcement under Section 287(g) of the Immigration and Naturalization Act (INA) allow city, county, state, and correctional police officers to investigate and enforce federal immigration laws. The stated objective of the 287(g) program is to fight against serious crime committed by removable aliens to improve our national security and enhance safety in local communities. This study analyzes the effect of 287(g) programs on violent and property crime, using data from the Federal Bureau of Investigation’s Uniform Crime Reports and the U.S. Census Bureau’s Current Population Survey. 287(g) agreements empowering correctional officers to enforce immigration law reduce violent crime and property crime. City-level 287(g) agreements substantially increase property crime, cancelling out the effects of Correctional 287(g) agreements. The effect of county-level agreements is unclear, but there are some indications that they also increase property and violent crime. State-level 287(g) agreements have no effect on either violent or property crime. African American populations are associated with higher crime rates in jurisdictions with any type of 287(g) agreement. Recent immigrants displace African Americans from the local labor force. 287(g) programs are implemented in response to rising immigrant populations, but impose substantial costs on implementing jurisdictions for detention, overtime, litigation based on unconstitutional racial profiling, and foster care for youth whose parents are deported. Jurisdictions divert resources away from local law enforcement priorities and reduce public services, which may help explain the increase in crime amongst African American communities. Criminality amongst youth with immigrant parents also increases when some 287(g) programs are adopted, and the programs hamper collaboration between immigrant communities and local law enforcement. City, County, and State-level 287(g) agreements have either no effect or deleterious effects on public safety and should be eliminated. Correctional 287(g) programs should be limited to immigrants already convicted, indicted, or arrested based on reasonable cause to alleviate constitutional concerns. Greater federal oversight and guidance is needed to prevent waste and abuse, and further research is needed to analyze differential crime reporting amongst populations, allegations of racial profiling, and whether Correctional 287(g) programs reduce or displace criminal activity. Details: Washington, DC: Georgetown Public Policy Institute, Georgetown University, 2009. 75p. Source: Internet Resource: Master's Thesis: Accessed May 3, 2012 at: http://repository.library.georgetown.edu/bitstream/handle/10822/553869/pinheiroErika.pdf?sequence=1 Year: 2009 Country: United States URL: http://repository.library.georgetown.edu/bitstream/handle/10822/553869/pinheiroErika.pdf?sequence=1 Shelf Number: 125131 Keywords: Illegal AliensImmigrants and Crime (U.S.)Immigration |
Author: Winter, Brian Title: Brazil's 'Gringo' Problem: Its Borders Summary: For the first 500 years of Brazil's history, pretty much anything that wanted to cross its borders could do so in relative peace, whether cattle, Indians or intrepid explorers. That era is now drawing to a close. Brazil's economic rise is forcing it to deal with a problem it long regarded as the sole concern of rich countries like the United States: the need to secure its borders and slow down a flood of drugs, illegal immigrants and other contraband. Brazil's prosperity has created a new consumer class of tens of millions of people who happen to live right next to the world's three biggest producers of cocaine: Colombia, Bolivia and Peru. Brazil is now the world's No. 2 cocaine consumer, behind only the United States, according to U.S. government data. It is also a booming consumer of marijuana, ecstasy, and other narcotics. Details: New York: Thomson Reuters, 2012. 7p. Source: Internet Resource: Accessed May 4, 2012 at: http://graphics.thomsonreuters.com/12/04/BrazilBorders.pdf Year: 2012 Country: Brazil URL: http://graphics.thomsonreuters.com/12/04/BrazilBorders.pdf Shelf Number: 125150 Keywords: Border SecurityCocaineDrug SmugglingDrug TraffickingIllegal AliensIllegal Immigrants (Brazil)Immigration |
Author: Toyota, Mika Title: Securitizing Border-Crossing: The Case of Marginalized Stateless Minorities in the Thai-Burma Borderlands Summary: This paper examines the securization process of unauthorized migration in Thailand, in particular how the cross-border flows of marginalized minorities came to be seen as a threat to Thai national identity by the state. The paper aims to present a case of societal security by highlighting the importance of national identity. It explores the reasons for portraying cross-border mobility of border minorities as threats to the integrity of the Thai state. The paper illustrates the importance of ethnocized discourses on national identity by broadening the traditional security studies' framework on states and political-military competition at the borderlands Details: Singapore: Institute of Defence and Strategic Studies, 2006. 44p. Source: Internet Resource: Working Paper: Accessed May 4, 2012 at: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=27045 Year: 2006 Country: Burma URL: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=27045 Shelf Number: 125153 Keywords: Border Security (Thailand, Burma)Illegal AliensIllegal ImmigrantsImmigration |
Author: Kabeer, Naila Title: "Footloose" Female Labour: Transnational Migration, Social Protection and Citizenship in the Asia Region Summary: This paper reviews the literature on female labour migrations flows within the Asia region from a gender perspective in order to gain a better understanding of their patterns, causes and consequences as well as their implications for current concerns with social protection and citizenship. The rationale for a gender perspective stems for evidence that women migrate for different reasons than men, they migrate along different routes and the consequences of their migration are also often different. Female migration therefore poses a particular kind of challenge for social protection and for the citizenship status of migrants. In addition, from a more analytical perspective, the study of gender-differentiated movements of the population are important for the mirror they hold up to the different ways in which gender inequalities in the division of labour are incorporated into the broader and spatially uneven processes of development in an era of globalization. Details: Ottawa: International Development Research Centre, 2007. 69p. Source: Internet Resource: IDRC Working Papers on Women’s Rights and Citizenship: Accessed May 4, 2012 at: http://www.idrc.ca/EN/Resources/Publications/Pages/ArticleDetails.aspx?PublicationID=455 Year: 2007 Country: Asia URL: http://www.idrc.ca/EN/Resources/Publications/Pages/ArticleDetails.aspx?PublicationID=455 Shelf Number: 125154 Keywords: Female Immigrants (Asia)Human RightsHuman TraffickingImmigration |
Author: Haas, Hein de Title: Irregular Migration from West Africa to the Maghreb and the European Union: An Overview of Recent Trends Summary: Media and dominant policy discourses convey an apocalyptic image of an increasingly massive exodus of desperate Africans fleeing poverty and war at home trying to enter the elusive European “El Dorado” crammed in long-worn ships barely staying afloat (Pastore et al., 2006). The migrants themselves are commonly depicted as victims recruited by “merciless” and “unscrupulous” traffickers and smugglers. Hence, the perceived policy solutions—which invariably boil down to curbing migration—focus on “fighting” or “combating” illegal migration through intensifying border controls and cracking down trafficking and smuggling-related crime. Although there has been an incontestable increase in regular and irregular West African migration to Europe over the past decade, available empirical evidence dispels most of these assumptions. First, irregular migration from Africa to Europe is not as new as is commonly suggested. Illegal sea crossings of the Mediterranean by North Africans have in fact been a persistent phenomenon since Italy and Spain introduced visa requirements in the early 1990s. The major change has been that, in particular, since 2000, sub-Saharan Africans have started to join and have now overtaken North Africans as the largest category of irregular boat migrants. Second, it is a misconception that all or most migrants crossing the Sahara are “in transit” to Europe. There are possibly more sub-Saharan Africans living in the Maghreb than in Europe. An estimated 65,000 and 120,000 sub-Saharan Africans enter the Maghreb yearly overland, of which only 20 to 38 per cent are estimated to enter Europe. While Libya is an important destination country in its own right, many migrants failing or not venturing to enter Europe prefer to stay in North Africa as a second-best option. Third, the majority of West Africans enter Europe legally. In recent years, the total annual increase of the registered West African population in the EU has been around 100,000. The total number of successful irregular crossings by sub-Saharan Africans should be counted in the order of several tens of thousands, according to our estimates 25,000 to 35,000 per year, which is only a fraction of total EU immigration of 2.6 million in 2004. The majority of migrants enter Europe legally and subsequently overstay their visas. Fourth, despite a recent increase, West African migration to the EU is still relatively modest in comparison with migration from North Africa and Eastern Europe. There are an estimated 800,000 registered West African migrants in the main European receiving countries compared to 2,600,000 North Africans. Moroccan immigrants alone outnumber all West African immigrants in Europe. Rather than a desperate response to destitution, migration is generally a conscious choice by relatively well-off individuals and households to enhance their livelihoods. Likewise, the common portrayal of irregular African migrants as victims of traffickers and smugglers is inconsistent with evidence that the vast majority of migrants move on their own initiative. Trafficking is relatively rare, and smugglers are usually not part of international organized crime but locally based passeurs operating alone or in small networks. Since the 1990s, European states intensified border controls and have attempted to “externalize” these policies by pressuring certain North African countries to clamp down on irregular migration and to sign readmission agreements in exchange for aid, financial support, and work permits. While failing to curb immigration, these policies have had a series of unintended side effects in the form of increasing violations of migrants’ rights and a diversification of trans-Saharan migration routes and attempted sea crossing points. In practice, it seems almost impossible to seal off the long Saharan borders and the African and European coastlines, if European and African governments are willing to do so. Notwithstanding public discourses stressing the need to “combat illegal immigration”, European and African states seem to have little genuine interest in stopping migration because their economies have become dependent on migrant labour and remittances, respectively. In fact, there is a growing discrepancy between restrictive migration policies and the demand for cheap migrant labour in Europe and Libya. Unless exceptional circumstance arise, it is therefore likely that migration from West Africa to the Maghreb and Europe will continue. This explains why increasing border controls have rather led to the swift diversion of migration routes and an increase in the risks, costs, and suffering of the migrants involved rather than a decline in migration. As long as no more legal channels for immigration are created to match the real demand for labour, and as long as large informal economies will exist, it is likely that a substantial proportion of this migration will remain irregular. Details: Geneva: International Organization for Migration, 2008. 68p. Source: Internet Resource: IOM Migration Research Series, No. 32: Accessed May 4, 2012 at: http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/published_docs/serial_publications/MRS-32_EN.pdf Year: 2008 Country: Africa URL: http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/published_docs/serial_publications/MRS-32_EN.pdf Shelf Number: 125157 Keywords: Border SecurityIllegal Immigrants (West Africa and Europe)Immigration |
Author: Hanson, Gordon H. Title: The Economic Logic of Illegal Immigration Summary: Illegal immigration is a source of mounting concern for politicians in the United States. In the past ten years, the U.S. population of illegal immigrants has risen from five million to nearly twelve million, prompting angry charges that the country has lost control over its borders. Congress approved measures last year that have significantly tightened enforcement along the U.S.-Mexico border in an effort to stop the flow of unauthorized migrants, and it is expected to make another effort this year at the first comprehensive reform of immigration laws in more than twenty years. Legal immigrants, who account for two-thirds of all foreign-born residents in the United States and 50 to 70 percent of net new immigrant arrivals, are less subject to public scrutiny. There is a widely held belief that legal immigration is largely good for the country and illegal immigration is largely bad. Despite intense differences of opinion in Congress, there is a strong consensus that if the United States could simply reduce the number of illegal immigrants in the country, either by converting them into legal residents or deterring them at the border, U.S. economic welfare would be enhanced. Is there any evidence to support these prevailing views? In terms of the economic benefits and costs, is legal immigration really better than illegal immigration? What should the United States as a country hope to achieve economically through its immigration policies? Are the types of legislative proposals that Congress is considering consistent with these goals? This Council Special Report addresses the economic logic of the current high levels of illegal immigration. The aim is not to provide a comprehensive review of all the issues involved in immigration, particularly those related to homeland security. Rather, it is to examine the costs, benefits, incentives, and disincentives of illegal immigration within the boundaries of economic analysis. From a purely economic perspective, the optimal immigration policy would admit individuals whose skills are in shortest supply and whose tax contributions, net of the cost of public services they receive, are as large as possible. Admitting immigrants in scarce occupations would yield the greatest increase in U.S. incomes, regardless of the skill level of those immigrants. In the United States, scarce workers would include not only highly educated individuals, such as the software programmers and engineers employed by rapidly expanding technology industries, but also low-skilled workers in construction, food preparation, and cleaning services, for which the supply of U.S. native labor has been falling. In either case, the national labor market for these workers is tight, in the sense that U.S. wages for these occupations are high relative to wages abroad. Of course, the aggregate economic consequences of immigration policy do not account for other important considerations, including the impact of immigration on national security, civil rights, or political life. Illegal immigration has obvious flaws. Continuing high levels of illegal immigration may undermine the rule of law and weaken the ability of the U.S. government to enforce labor-market regulations. There is an understandable concern that massive illegal entry from Mexico heightens U.S. exposure to international terrorism, although no terrorist activity to date has been tied to individuals who snuck across the U.S.-Mexico border. Large inflows of illegal aliens also relax the commitment of employers to U.S. labor-market institutions and create a population of workers with limited upward mobility and an uncertain place in U.S. society. These are obviously valid complaints that deserve a hearing in the debate on immigration policy reform. However, within this debate we hear relatively little about the actual magnitude of the costs and benefits associated with illegal immigration and how they compare to those for legal inflows. This analysis concludes that there is little evidence that legal immigration is economically preferable to illegal immigration. In fact, illegal immigration responds to market forces in ways that legal immigration does not. Illegal migrants tend to arrive in larger numbers when the U.S. economy is booming (relative to Mexico and the Central American countries that are the source of most illegal immigration to the United States) and move to regions where job growth is strong. Legal immigration, in contrast, is subject to arbitrary selection criteria and bureaucratic delays, which tend to disassociate legal inflows from U.S. labor-market conditions. Over the last half-century, there appears to be little or no response of legal immigration to the U.S. unemployment rate. Two-thirds of legal permanent immigrants are admitted on the basis of having relatives in the United States. Only by chance will the skills of these individuals match those most in demand by U.S. industries. While the majority of temporary legal immigrants come to the country at the invitation of a U.S. employer, the process of obtaining a visa is often arduous and slow. Once here, temporary legal workers cannot easily move between jobs, limiting their benefit to the U.S. economy. Details: Washington, DC: Council on Foreign Relations, 2007. 52p. Source: Internet Resource: Council Special Report No. 26; Accessed May 8, 2012 at: http://www.cfr.org/immigration/economic-logic-illegal-immigration/p12969 Year: 2007 Country: United States URL: http://www.cfr.org/immigration/economic-logic-illegal-immigration/p12969 Shelf Number: 125171 Keywords: EconomicsIllegal AliensIllegal Immigrations (U.S.)Immigration |
Author: Meyers, Deborah W. Title: Room for Progress: Reinventing Euro-atlantic Borders for a New Strategic Environment Summary: a new MPI report by Deborah W. Meyers, Rey Koslowski and Susan Ginsburg, describes the latest developments in three elements of U.S. and E.U. border management: the recently established enforcement agencies, benefits and limitations of new information technology, and contentious developments surrounding visa-free travel policy. Highlights of ways in which U.S. and E.U. border control converge and diverge include: Whereas in 2006, the United States signed a $2.5 billion contract for the Secure Border Initiative to create a “virtual fence” to complement hundreds of miles of physical fencing, European border authorities tend to focus more on interior enforcement (e.g., at workplaces and points of contact with government agencies). There is increased convergence in strategies, though, with new Department of Homeland Security attempts to step up enforcement in the interior (e.g., at workplaces); In terms of tracking the entry of foreign nationals, both the United States and Europe have made strides. The US-VISIT program processed the entry of more than 76 million foreign visitors to the United States by January 2007. The European Schengen Information System and a secondary databases known as “SIS I+” and “SISone4all,” designed to bolster external border controls so internal border controls can be removed, will enable most of the new EU Member States to lift controls at land borders by January 2008 and at airports in March 2008; Meanwhile, US-VISIT exit controls are not yet in place. Similarly, international travelers leaving the European Union are subject to passport controls at airports and land borders, but SIS is used only for watch-list checks, and Member States have yet to link entry and exit controls; U.S. Customs and Border Protection’s fiscal year 2007 budget totals over $7.8 billion, while FRONTEX’s 2007 budget is €35 million (nearly triple its 2006 budget, but much less than that spent by Member States, which retain responsibility for policing their borders); While U.S. border enforcement agencies seek more staff, soon some E.U. Member States may need less. The United States is having trouble recruiting, training and retaining the border personnel necessary for rapid growth. If CBP reaches 18,000 agents by the end of 2008 as planned, it will have added as many agents in two years as were added in the previous ten. Meanwhile, the Schengen Agreement establishes a single external border for nearly all E.U. Member States, increasingly eliminating the need for border guards at interior borders; The European Union and the United States are both increasingly turning to information technology to screen flows of people in a manner that balances travel facilitation with border security. Halting illegal migration is a principal motivating force behind increasing expenditures on IT systems in Europe and the United States; While the United States has required travelers from Visa Waiver Program countries to carry electronic passports, or “e-passports,” with facial biometric data, U.S. citizens’ passports currently do not all meet this requirement. E.U. Member States have agreed on a requirement their e-passports include fingerprints as well as facial biometrics; In recent years, visa-free travel programs that waive short-term business or tourist visa requirements for nationals of select countries have become increasingly contentious amid heightened security concerns about terrorists who may enter through these programs and fears of increased illegal immigration by people overstaying their visas; and Because all E.U. Member States, except for the United Kingdom and Ireland, belong to the Schengen Area and are treated essentially as a single entity for internal travel, the E.U. claims that visa-waiver status granted to one Member State should apply to all. The United States has engaged in a “consultative process” about Member States’ status, which has not led to clear resolutions. A new U.S. law requires travelers to electronically file travel authorization requests with DHS prior to their departure and gives the Secretary of Homeland Security increased flexibility in setting and administering overstay standards. Ultimately, the authors suggest that U.S. and E.U. policymakers must engage in greater dialogue on the new security systems and structures they are developing, as well as enhance international cooperation on border management, specifically institutional, technological and visa arrangements, if they are to realize their shared goal of securing national and regional borders. Details: Migration Policy Institute, 2007. 34p. Source: Internet Resource: Accessed May 8, 2012 at http://www.migrationpolicy.org/pubs/EuroAtlanticBorders103107.pdf Year: 2007 Country: International URL: http://www.migrationpolicy.org/pubs/EuroAtlanticBorders103107.pdf Shelf Number: 125218 Keywords: Border ControlBorder SecurityImmigrationland SecurityMigrationVisa Security |
Author: Morral, Andrew R. Title: Measuring Illegal Border Crossing Between Ports of Entry: An Assessment of Four Promising Methods Summary: The U.S. Department of Homeland Security is responsible for controlling the flow of goods and people across the U.S. border, a difficult task that raises challenging resource management questions about how best to minimize illicit flows across the border while facilitating legitimate ones. Commonly reported border control measures, such as numbers of illegal migrants apprehended or miles of border under effective control, bear only an indirect and uncertain relationship to the border control mission, making them unreliable management tools. Fundamental to the question of border control effectiveness is the proportion of illicit border crossings that are prevented through either deterrence or apprehension. Estimating these proportions requires knowing the total flow of illicit goods or border crossings, but compelling methods for producing such estimates do not yet exist. This short paper describes four innovative approaches to estimating the total flow of illicit border crossings between ports of entry. Each is sufficiently promising to warrant further attention for purposes of supporting reliable, valid, and timely measures of illicit cross-border flow. Successfully implementing each of these approaches will require methodological development and analysis to identify barriers or constraints to using the approach, the cost of data collection, and the amount of error that can be expected in the resulting estimates. Details: Santa Monica, CA: RAND, 2011. 14p. Source: Internet Resource: accessed May 17, 2012 at: http://www.rand.org/pubs/occasional_papers/OP328.html Year: 2011 Country: United States URL: http://www.rand.org/pubs/occasional_papers/OP328.html Shelf Number: 125322 Keywords: Border Security (U.S.)Illegal AliensIllegal ImmigrantsImmigration |
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: 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: 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: Rios, Viridiana Title: Unexpected Consequences of Mexico’s Drug War for US National Security: More Mexican Immigrants Summary: Mexican immigration figures have reached its lowest point since 2000. Yet, even if as a whole the US is receiving less Mexican migrants, the opposite is true for cities at the border. In this paper, I present evidence to show that this sui generis migration pattern cannot be understood using traditional explanations of migration dynamics. Instead, Mexicans are migrating because of security issues, fearing drugrelated violence and extortion, which has spiked since 2008. I estimate that a total of 264,693 have migrated fearing organized crime activities. By doing so, I combine the literature of migration dynamics with the one of violence and crime, pointing towards ways in which non-state actors shape actions of state members. Details: Cambridge, MA: Harvard University, 2012. 33p. Source: Internet Resource: Paper presented at Violence, Drugs and Governance: Mexican Security in Comparative Perspective Conference, Stanford University. October 3-4, 2011 (Palo Alto, CA): Working Paper 2012-002, Weatherhead Center for International Affairs, Harvard University, Accessed August 6, 2012 at: http://www.wcfia.harvard.edu/sites/default/files/Rios2012_SecurityIssuesAndImmigration3.pdf Year: 2012 Country: United States URL: http://www.wcfia.harvard.edu/sites/default/files/Rios2012_SecurityIssuesAndImmigration3.pdf Shelf Number: 125871 Keywords: Drug ViolenceIllegal AliensIllegal Immigration (Mexico, U.S.)ImmigrationWar on Drugs |
Author: U.S. Government Accountability Office Title: Border Security: State Could Enhance Visa Fraud Prevention by Strategically Using Resources and Training Summary: Foreign nationals may apply for entry into the United States under dozens of different visa categories, depending on circumstances. State’s Bureaus of Consular Affairs and Diplomatic Security share responsibility for the prevention of visa fraud, which is a serious problem that threatens the integrity of the process. Some documents through illegal means, such as using counterfeit identity documents or making false claims to an adjudicating officer. Visa fraud may facilitate illegal activities in the United States, including crimes of violence, human trafficking, and terrorism. This report examines (1) countries and visa categories that are subject to the most fraud; (2) State's use of technologies and resources to combat fraud; and (3) training requirements of State officials responsible for fraud prevention. GAO examined State's reports and data on fraud trends and statistics, examined resources and technologies to counter fraud, and observed visa operations and fraud prevention efforts overseas and domestically. Certain countries and visa categories are subject to higher levels of fraud. In fiscal year 2010, almost 60 percent of confirmed fraud cases (9,200 out of 16,000) involved applicants from Brazil, China, Dominican Republic, India, and Mexico. Department of State (State) officials told GAO that fraud most commonly involves applicants for temporary visits to the United States who submit false documentation to overcome the presumption that they intend to illegally immigrate. Fraud is also perpetrated for immigrant visas and nonimmigrant visa categories such as temporary worker visas and student visas. In response to State efforts to combat visa fraud, unscrupulous visa applicants adapt their strategies, and as a result, fraud trends evolve over time. State has a variety of technological tools and resources to assist consular officers in combating fraud, but does not have a policy for their systematic use. For example, State recently implemented fraud prevention technologies such as a fraud case management system that establishes connections among multiple visa applications, calling attention to potentially fraudulent activity. Overseas posts have Fraud Prevention Units that consist of a Fraud Prevention Manager (FPM) and locally employed staff who analyze individual fraud cases. In 2011, the ratio of Fraud Prevention Unit staff to fraud cases varied widely across overseas posts, causing disproportionate workloads. The Kentucky Consular Center (KCC) is a domestic resource available to posts that verifies information on certain visa applications. However, KCC services are only provided on an ad-hoc basis, and State does not have a policy for posts to systematically utilize its resources. For example, an FPM at a high fraud post told GAO that the post would like to utilize KCC anti-fraud services for screening certain visa categories, but did not know how to request KCC assistance. Although State offers anti-fraud training courses at the Foreign Service Institute and online, it does not require FPMs to take them and does not track FPMs’ enrollment. Consular officers receive limited fraud training as part of the initial consular course, and FPMs are not required to take advanced fraud training in new technologies. In addition, GAO found that 81 percent of FPM positions were filled by entry-level officers and 84 percent of FPM positions were designated as either part-time or rotational. Between October 2009 and July 2012, entry-level officers made up about 21 percent of the total students who registered for a course on detecting fraudulent documents, and State could not guarantee that FPMs were among them. Four out of the five FPMs with whom GAO spoke had not been trained in State's new fraud case management system. GAO recommends that State (1) formulate a policy to systematically utilize anti-fraud resources available at KCC, based on post workload and fraud trends, as determined by the Department and (2) establish requirements for FPM training in advanced anti-fraud technologies, taking advantage of distance learning technologies, and establishing methods to track the extent to which requirements are met. State concurred with these recommendations. Details: Washington, DC: GAO, 2012. 51p. Source: GAO-12-888 Report to Congressional Requesters: Internet Resource: Accessed September 13, 2012 at http://www.gao.gov/assets/650/647871.pdf Year: 2012 Country: United States URL: http://www.gao.gov/assets/650/647871.pdf Shelf Number: 126341 Keywords: Border SecurityCrime PreventionImmigrationVisa SecurityVisas, Fraud |
Author: Graybill, Lisa Title: Border Patrol Agents as Interpreters Along the Northern Border: Unwise Policy, Illegal Practice Summary: Advocates along the Northern Border report a recent, sharp increase in the use of U.S. Border Patrol (USBP) agents to provide interpretation services to state and local law enforcement officers and emergency responders. This most often occurs when an officer or responder encounters an individual who does not speak English and proactively reaches out to USBP for assistance. But it has also occurred when USBP agents respond to an incident report in lieu of, or in addition to, local law enforcement officers. In other cases, USBP agents have reportedly begun responding to 911 emergency assistance calls, especially if the caller is known or perceived not to speak English. Much of this activity appears to have been precipitated by the fact that the U.S.-Canada border has undergone a dramatic transformation, including an influx of newly assigned USBP agents. Immigrants, their advocates, and community members are reporting—and official statistics confirm—that there are simply too many USBP agents on the ground, apparently with too much time on their hands, who lack adherence to stated priorities. This special report by Lisa Graybill for the Immigration Policy Center lays out the problems with border patrol agents serving as translators and make recommendations intended to promote Title VI compliance, maintain the integrity of the USBP mission on the Northern Border, and protect the rights of immigrants and their families who call the Northern Border home. Details: Washington, DC: American Immigration Council, Immigration Policy Center, 2012. 30p. Source: Internet Resource: Accessed September 26, 2012 at: http://www.immigrationpolicy.org/sites/default/files/docs/borderpatrolagentsasinterpreters.pdf Year: 2012 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/borderpatrolagentsasinterpreters.pdf Shelf Number: 126466 Keywords: Border Control Agents (U.S.)Border SecurityIllegal AliensIllegal ImmigrantsImmigrationLanguage BarriersUse of Interpreters |
Author: Robertson, Alistair Graham Title: Operation Streamline: Costs and Consequences Summary: In 2005, the Del Rio sector of the Border Patrol, an agency within the federal Department of Homeland Security’s Customs and Border Protection, faced a peculiar issue. With civil detention facilities at capacity and voluntary return to Mexico available only to Mexican citizens, non-Mexican migrants were given a notice to appear in front of an immigration judge and released in the United States.” In 2004, Border Patrol apprehended approximately 10,000 non-Mexican migrants in the Del Rio sector; just one year later, the figure spiked to 15,000. The solution to this enforcement issue, Border Patrol decided, was to circumvent the civil immigration system by turning non-Mexican migrants over for criminal prosecution, a practice until then relegated almost exclusively to cases of violent criminal history or numerous reentries. Upon considering the proposition, the U.S. Attorney’s Office for the Western District of Texas responded with one caveat: in order to avoid an equal protection violation, the courts would have to criminally prosecute all migrants within a designated area, not just those from countries other than Mexico. With the signature of Secretary of Homeland Security Michael Chertoff, it was decided to do just that. Starting in December of 2005, “Operation Streamline” required all undocumented border-crossers in the Eagle Pass area of the Del Rio Border Patrol sector to be funneled into the criminal justice system and charged with unlawful entry or re-entry (8 U.S.C. § 1325 or 1326). Those charged with improper entry usually face a sentence of up to 180 days, and a judge may impose a sentence of over ten years dependent upon criminal history. Re-entry offenders also face tough sentences, including a felony charge that places up to a ten-year bar on legal immigration. The Department of Homeland Security since has drastically expanded the criminal referral model through similar programs in the Yuma sector in 2006, the Laredo sector in 2007, and the Tucson sector in 2008. By 2010, every U.S.-Mexico border sector except California had implemented a “zero-tolerance” program of some sort, the whole of which are commonly referred to by the moniker of the original program— Operation Streamline. Depending upon the sector, the degree of implementation may vary significantly. For example, according to Federal Public Defenders in the Yuma and Del Rio sectors, Border Patrol refers nearly 100% of apprehended immigrants in those areas for criminal prosecution. In the Tucson sector, where greater migrant volume renders such high referral rates logistically unfeasible, the percentage on immigrants “Streamlined” may be closer to 10%, or about 70 of the 800 migrants apprehended each day. The resulting prisoner volume has led the Bureau of Prisons in the Department of Justice to depend upon private prison corporations like Corrections Corporation of America (CCA) and GEO Group. Through increased facility use and contracts for other services, CCA and GEO have enjoyed a combined $780 million increase in annual federal revenues since 2005. In FY2011, the federal government paid immense sums of taxpayer money to private prison companies, $744 million and $640 million to CCA and GEO Group, respectively. Much of this revenue derives from contracts for Criminal Alien Requirement (CAR) prisons, where federal immigrant prisoners are segregated in privately owned, privately operated prisons contracted by the Bureau of Prisons. The terms of CAR contracts include incentives (and sometimes guarantees) to fill facilities near capacity with immigrant prisoners. Each year, these companies dedicate millions of dollars to lobbying and campaign contributions. The federal dollars behind immigrant incarceration come at a significant cost to the taxpayer, climbing in 2011 to an estimated $1.02 billion annually. Before the announcement of Operation Streamline in 2005, the federal government annually committed about 58% of that total, or $591 million toward incarcerating immigrants. In 1994, the amount was about $72 million, 7% of its current level. Recent budget proposals indicate that federal spending on 2 Operation Streamline: Costs and Consquences prosecution and incarceration will likely increase, as Congress recently stated an ambition to “expand Operation Streamline to additional Border Patrol sectors” alongside a record-setting DHS budget request of $45.2 billion. The sheer volume of immigration cases has also severely burdened the courts in border districts, which have been forced to handle a near 350% increase of petty immigration cases from 12,411 in 2002 to 55,604 in 2010. In Tucson, courts may see as many as 200 immigrants lined up for prosecution in a single morning. To handle the expanded caseload, the Department of Justice has pursued a combination of resource-intensive options, including privately contracting with defense attorneys, deputizing Border Patrol agents as special Assistant U.S. Attorneys, and bringing several magistrate judges out of retirement. Furthermore, Operation Streamline strips Assistant U.S. Attorneys of the power to prosecute the crimes they deem pressing. Immigration cases made up 36% of all criminal prosecutions nationwide in 2011, surpassing drug and fraud prosecutions combined. Details: Charlotte, NC: Grassroots Leadership, 2012. 32p. Source: Internet Resource: Accessed october 1, 2012 at: http://www.grassrootsleadership.org/files/GRL_Sept2012_Report%20final.pdf Year: 2012 Country: United States URL: http://www.grassrootsleadership.org/files/GRL_Sept2012_Report%20final.pdf Shelf Number: 126537 Keywords: Border SecurityCosts of Criminal JusticeHomeland SecurityIllegal AliensIllegal ImmigrantsImmigrant DetentionImmigrationOperation Streamline (U.S.)Private Prisons |
Author: Epstein, Ruthie Title: Jails and Jumpsuits. Transforming the U.S. Immigration Detention System—A Two-Year Review Summary: Two years ago, the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) committed to transform the U.S. immigration detention system by shifting it away from its longtime reliance on jails and jail-like facilities, to facilities with conditions more appropriate for the detention of civil immigration law detainees. At the time of these commitments, in announcements in August and October of 2009, DHS and ICE recognized that detention beds were in facilities that were “largely designed for penal, not civil, detention.” In fact, many criminal correctional facilities actually offer less restrictive conditions than those typically found in immigration detention facilities, and corrections experts have confirmed that less restrictive conditions can help ensure safety in a secure facility. DHS and ICE have consistently affirmed intentions to carry out the planned reforms in a budget-neutral way. Yet two years later, the overwhelming majority of detained asylum seekers and other civil immigration law detainees are still held in jails or jail-like facilities—almost 400,000 detainees each year, at a cost of over $2 billion. At these facilities, asylum seekers and other immigrants wear prison uniforms and are typically locked in one large room for up to 23 hours a day; they have limited or essentially no outdoor access, and visit with family only through Plexiglas barriers, and sometimes only via video, even when visitors are in the same building. Over the last two years, ICE has begun to use, or has acknowledged plans to use, five new facilities that would contain in total 3,485 detention beds in less penal conditions. These conditions would include increased outdoor access, contact visitation with families, and “non-institutional” (though still uniform) clothing for some detainees. These facilities are designed as templates for a more appropriate approach to immigration detention. If they open as designed and as scheduled, 14 percent of ICE’s detained asylum seeker and immigrant population would be housed in these less-penal conditions— meaning that 86 percent of ICE detainees would still be held in jails and jail-like facilities. Official standards detailing core requirements for the environment and conditions of a civil detention system—covering matters such as dress, movement within facilities, extended outdoor access, and contact visitation with family—have not been developed or implemented. ICE has also taken important steps to improve other aspects of the immigration detention system—such as creating a system to allow families and counsel to learn the name of the facility where an immigration detainee is held, issuing new guidance on parole assessments for detained arriving asylum seekers, and training new ICE monitors to report back to headquarters on compliance with standards in the field. However, this report focuses primarily on the agency’s progress on its commitment to “literally overhaul the system”—to transition the immigration detention system away from its jail-oriented approach to a system with conditions more appropriate for civil immigration detainees. While ICE did indicate that the shift would take place “in three to five years,” two years in, there is still a long way to go. Jails and jail-like facilities have been found to be inappropriate and unnecessarily costly for asylum seekers and other civil immigration detainees by the U.S. government itself, as well as by bipartisan groups and international human rights bodies. In a major 2005 study requested by Congress, the bipartisan U.S. Commission on International Religious Freedom (USCIRF) and its expert on prison systems observed that most of the facilities used by DHS to detain asylum seekers and other immigrants “in most critical respects…are structured and operated much like standardized correctional facilities,” resembling “in every essential respect, conventional jails.” The Council on Foreign Relations bipartisan task force on immigration policy, co-chaired by Jeb Bush and Thomas McLarty, concurred in July 2009 that “[i]n many cases asylum seekers are forced to wear prison uniforms [and] held in jails and jail-like facilities.” The bipartisan Constitution Project’s Liberty and Security Committee similarly concluded in December 2009 that “[d]espite the nominally ‘civil’—as opposed to ‘criminal’—nature of their alleged offenses, non-citizens are often held in state and local jails.” In 2009, DHS’s own Special Advisor—who has run two state prison systems and currently serves as Commissioner of Correction in New York City—concluded in a report prepared for DHS and ICE that: With only a few exceptions, the facilities that ICE uses to detain aliens were built, and operate, as jails and prisons to confine pre-trial and sentenced felons. ICE relies primarily on correctional incarceration standards designed for pre-trial felons and on correctional principles of care, custody, and control. These standards impose more restrictions and carry more costs than are necessary to effectively manage the majority of the detained population. The use of immigration detention facilities that are penal in nature is inconsistent with U.S. commitments under the 1951 Convention Relating to the Status of Refugees and its Protocol, as well as the International Covenant on Civil and Political Rights. The Inter-American Commission on Human Rights and the U.N. Special Rapporteur on the Human Rights of Migrants have both expressed concern, in reports issued in 2010 and 2008, respectively, about the punitive and jail-like conditions used by the U.S. government in its immigration detention system. Even with more appropriate detention conditions, however, detention can still be—and is—penal in nature when the detention itself runs afoul of other human rights protections—for example, when detention is not necessary, reasonable, or proportionate, or is unnecessarily prolonged. In this report, Human Rights First focuses its review on the progress of DHS and ICE in transforming the U.S. immigration detention system away from its reliance on jails and jail-like facilities to a system with conditions more appropriate for civil immigration law detainees. In the course of our assessment, we visited 17 ICEauthorized detention facilities that together held more than 10,000 of the 33,400 total ICE beds; interviewed government officials, legal service providers, and former immigration detainees; and reviewed existing government data on the U.S. immigration detention system. We also interviewed a range of former prison wardens, corrections officials, and other experts on correctional systems. Details: New York: Human Rights First, 2011. 80p. Source: Internet Resource: Accessed November 9, 2012 at: http://www.humanrightsfirst.org/wp-content/uploads/pdf/HRF-Jails-and-Jumpsuits-report.pdf Year: 2011 Country: United States URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/HRF-Jails-and-Jumpsuits-report.pdf Shelf Number: 126908 Keywords: Illegal AliensIllegal ImmigrantsImmigrant Detention (U.S.)Immigration |
Author: Amnesty International Title: Jailed Without Justice: Immigration Detention in the USA Summary: Migration is a fact of life. Some people move to new countries to improve their economic situation or to pursue their education. Others leave their countries to escape armed conflict or violations of their human rights, such as torture, persecution, or extreme poverty. Many move for a combination of reasons. Governments have the right to exercise authority over their borders; however, they also have obligations under international law to protect the human rights of migrants, no matter what prompted an individual to leave his or her home country. This report focuses on the human rights violations associated with the dramatic increase in the use of detention by the United States as an immigration enforcement mechanism. In just over a decade, immigration detention has tripled. In 1996, immigration authorities had a daily detention capacity of less than 10,000. Today more than 30,000 immigrants are detained each day, and this number is likely to increase even further in 2009. More than 300,000 men, women and children are detained by US immigration authorities each year. They include asylum seekers, torture survivors, victims of human traffi cking, longtime lawful permanent residents, and the parents of US citizen children. The use of detention as a tool to combat unauthorized migration falls short of international human rights law, which contains a clear presumption against detention. Everyone has the right to liberty, freedom of movement, and the right not to be arbitrarily detained. The dramatic increase in the use of immigration detention has forced US immigration authorities to contract with approximately 350 state and county criminal jails across the country to house individuals pending deportation proceedings. Approximately 67 percent of immigration detainees are held in these facilities, while the remaining individuals are held in facilities operated by immigration authorities and private contractors. The average cost of detaining a migrant is $95 per person, per day. Alternatives to detention, which generally involve some form of reporting, are significantly cheaper, with some programs costing as little as $12 per day. These alternatives to detention have been shown to be effective with an estimated 91 percent appearance rate before the immigration courts. Despite the effectiveness of these less expensive and less restrictive alternatives to detention in ensuring compliance with immigration procedures, the use of immigration detention continues to rise at the expense of the United States’ human rights obligations. Details: New York: Amnesty International USA, 2009. 56p. Source: Internet Resource: Accessed November 27, 2012 at: http://www.amnestyusa.org/pdfs/JailedWithoutJustice.pdf Year: 2009 Country: United States URL: http://www.amnestyusa.org/pdfs/JailedWithoutJustice.pdf Shelf Number: 127012 Keywords: Alternative to DetentionIllegal AliensIllegal ImmigrantsImmigrant Detention (U.S.)Immigration |
Author: Amnesty International Title: In Hostile Terrain: Human Rights Violations in Immigration Enforcement in the US Southwest Summary: The report examines the human rights violations associated with immigration enforcement at the border and in the interior of the United States. While the development and implementation of immigration policies are a matter for individual governments, such policies must be compatible with international human rights law and standards. All immigrants, irrespective of their legal status, have human rights. This report shows that the USA is failing in its obligations under international law to ensure these rights. Among its findings are: • Recent immigration policy in certain border areas has pushed undocumented immigrants into using dangerous routes through the US desert; hundreds of people die each year as a result. • Immigration enforcement in the USA is a federal responsibility. Federal immigration officials are increasingly working in collaboration with state and local law enforcement agencies but improper oversight of state and local law enforcement has led to increased racial profiling. • Increasingly, state laws and local policies are creating barriers to immigrants accessing their basic human rights, including rights to education and essential health care services. While these laws are targeting non-citizens, these policies are also impacting US citizen children. • Recent legislation enacted or proposed in several states targets immigrant communities and places them, Indigenous communities and other minority communities at risk of discrimination. • Immigrant communities also face a range of barriers to justice when they are victims of crime such as human trafficking, domestic violence or bias crimes. The implementation of immigration enforcement measures along the border has also impacted the rights of Indigenous communities, whose traditional lands lie on both sides of the US-Mexico border. Details: New York: Amnesty International USA, 2012. 88p. Source: Internet Resource: Accessed November 28, 2012 at: http://www.amnestyusa.org/research/reports/usa-in-hostile-terrain-human-rights-violations-in-immigration-enforcement-in-the-us-southwest Year: 2012 Country: United States URL: http://www.amnestyusa.org/research/reports/usa-in-hostile-terrain-human-rights-violations-in-immigration-enforcement-in-the-us-southwest Shelf Number: 127021 Keywords: Border SecurityHuman RightsIllegal AliensIllegal Immigrants (U.S.)ImmigrationImmigration Enforcement |
Author: Dudley, Steven Title: Transnational Crime in Mexico and Central America: Its Evolution and Role in International Migration Summary: The growth of organized crime in Mexico and Central America has dramatically increased the risks that migrants face as they attempt to cross the region. Encountering rising threats posed by Mexican drug traffickers, Central American gangs, and corrupt government officials, migrants increasingly are forced to seek the assistance of intermediaries known as polleros, or “coyotes.” Those unable to afford a coyote are more likely to be abused or kidnapped, and held for ransom along the way. Details: Washington, DC: Migration Policy Institute, 2012. 25p. Source: Internet Resource: Accessed December 4, 2012 at: http://www.migrationpolicy.org/pubs/RMSG-TransnationalCrime.pdf Year: 2012 Country: Central America URL: http://www.migrationpolicy.org/pubs/RMSG-TransnationalCrime.pdf Shelf Number: 127114 Keywords: CoyotesDrug TraffickingGang ViolenceImmigrationMigrationOrganized Crime (Mexico/Central America) |
Author: Bersani, Bianca Elizabeth Title: Are Immigrants Crime Prone? A Multifaceted Investigation of the Relationship between Immigration and Crime in Two Eras Summary: Are immigrants crime prone? In America, this question has been posed since the turn of the 20th century and more than 100 years of research has shown that immigration is not linked to increasing crime rates. Nevertheless, as was true more than a century ago, the myth of the criminal immigrant continues to permeate public debate. In part this continued focus on immigrants as crime prone is the result of significant methodological and theoretical gaps in the extant literature. Five key limitations are identified and addressed in this research including: (1) a general reliance on aggregate level analyses, (2) the treatment of immigrants as a homogeneous entity, (3) a general dependence on official data, (4) the utilization of cross-sectional analyses, and (5) nominal theoretical attention. Two broad questions motivate this research. First, how do the patterns of offending over the life course differ across immigrant and native-born groups? Second, what factors explain variation in offending over time for immigrants and does the influence of these predictors vary across immigrant and native-born individuals? These questions are examined using two separate datasets capturing information on immigration and crime during two distinct waves of immigration in the United States. Specifically, I use the Unraveling Juvenile Delinquency data and subsequent follow-ups to capture early 20th century immigration and crime, while contemporary data come from the National Longitudinal Survey of Youth, 1997. Three particularly salient conclusions are drawn from this research. First, patterns of offending (i.e., prevalence, frequency, persistence and desistance) are remarkably similar for native-born and immigrant individuals. Second, although differences are observed when examining predictors of offending for native-born and immigrant individuals, they tend to be differences in degree rather than kind. That is, immigrants and native-born individuals are influenced similarly by family, peer, and school factors. Finally, these findings are robust and held when taking into account socio-historical context, immigrant generation, immigration nationality group, and crime type. In sum, based on the evidence from this research, the simple answer to the question of whether immigrants are crime prone is no. Details: College Park, MD: University of Maryland, 2010. 258p. Source: Internet Resource: Dissertation: Accessed December 4, 2012 at: http://drum.lib.umd.edu/bitstream/1903/10783/1/Bersani_umd_0117E_11419.pdf Year: 2010 Country: United States URL: http://drum.lib.umd.edu/bitstream/1903/10783/1/Bersani_umd_0117E_11419.pdf Shelf Number: 127127 Keywords: Illegal ImmigrantsImmigrants and CrimeImmigration |
Author: National People's Action Title: Jails Fargo: Banking on Immigrant Detention, Wells Fargo's Ties to the Private Prison Industry Summary: Private prison operators are profiting from the deepening immigration crisis in the United States. Companies like CCA and GEO Group have seen steady growth due to the countryʼs policy of locking up immigrants in privately-managed detention facilities. These companies have spent millions to shape this policy, win contracts, and ensure that the rules are fixed in their favor – all at the expense of some of the countryʼs most vulnerable people. These companies would not be positioned to profit from the countryʼs immigration crisis without the help of prominent Wall Street banks. The industry is capital-intensive and requires enormous amounts of financing from banks that sit at the countryʼs financial and economic crossroads. One bank, in particular, has distinguished itself from the competition as an investor in and lender to the industry: Wells Fargo. This report details the financial ties between Wells Fargo and the top private prison operators in the country: Corrections Corp of America (CCA), GEO Group, and Management and Training Corp (MTC). The information compiled in the report shows that as a lender and investor, Wells Fargo has provided critical support for the private prison industry. This report is the first in a series. A future report will detail other aspects and consequences of Wells Fargoʼs support for the private prison industry, and will raise further questions about the bankʼs role in the private prison industry and the vicious cycle of imprisonment and detention, profit, and political influence it facilitates. Details: Chicago, IL: National People's Action, 2012. 14p. Source: Internet Resource: Accessed December 21, 2012 at http://www.npa-us.org/files/wells_fargo_-_banking_on_immigrant_detention_0.pdf Year: 2012 Country: United States URL: http://www.npa-us.org/files/wells_fargo_-_banking_on_immigrant_detention_0.pdf Shelf Number: 127247 Keywords: Banking IndustryDetention FacilitiesImmigrant DetentionImmigrationPrivate PrisonsPrivatization |
Author: Great Britain. HM Inspectorate of Prisons Title: The Effectiveness and Impact of Immigration Detention Casework: A Joint Thematic Review Summary: On any given day during the first quarter of 2012, around 3,500 people were detained under immigration powers, either in immigration removal centres or prisons. More than 40 people held in immigration centres had been held for over two years. While the courts have held that detention with a view to removal is only lawful if there is a realistic prospect of this occurring within a reasonable period, there is no statutory time limit on how long someone can be detained. A consistent finding of previous HMIP inspection reports and research is that detainees experience heightened levels of anxiety and distress as a result of their uncertain futures. Each individual detained costs nearly £40,000 a year. Against this background our respective inspectorates worked together on this, the first thematic inspection conducted jointly by HM Inspectorate of Prisons and the Independent Chief Inspector of Borders and Immigration (ICIBI). Inspectors from both organisations examined in detail the quality and effectiveness of immigration casework and the human experiences that lay beneath the files and targets. In total, 81 detainees were interviewed, and their case files assessed. They included people held under immigration powers for both under and over six months to obtain a representative sample of cases. The most prominent themes to emerge from the interviews with detainees were physical and mental health problems, lack of contact with families, and the stress of long-term detention in the context of difficulties faced in accessing good quality legal services. An examination of case files helped us to understand the reasons for initial and continued detention. In most cases we examined, the decision to detain was defensible and properly evidenced, and most were progressed diligently and in line with legal and policy guidelines. However, given the importance of the decision to remove a person’s liberty, we were concerned to find that in a quarter of the cases we reviewed, insufficient progress had been made with the person’s case. Most of our sample comprised ex-prisoners. Of these, we identified a number of instances where more could have been done to resolve their cases before the end of their custodial sentences. This is particularly disappointing given the ICIBI’s finding in its report on the United Kingdom Border Agency (UKBA)’s handling of foreign national prisoners, that delays in decision making were potentially resulting in individuals being detained for longer than necessary.1 In some cases, we also found that decisions to detain a person, or to maintain their detention, had not been made with reference to all relevant factors. In addition, monthly progress reports to detainees in some cases repeated information previously provided, rather than giving a meaningful update on what, if any, progress had occurred. Detainees experienced considerable difficulties in obtaining good quality legal advice and many had not applied for bail to an immigration judge. Decisions to detain ex-prisoners were made at lower management level, while decisions to release had to be authorised by a member of the UKBA board. We remain concerned that UKBA has not implemented the recommendation in the ICIBI’s report on foreign national prisoners that it should change the level of authorisation required to release such individuals in line with its own policy, which presumes release at the end of their custodial sentences. We were also disturbed to find cases where there was a failure to consider evidence of posttraumatic stress and mental disorder in case reviews. This is in the context of recent judgments against UKBA establishing that four people suffering from mental illnesses were unlawfully detained and subject to inhuman and degrading treatment under Article 3 of the European Convention on Human Rights. There was little evidence of the effectiveness of Detention Centre Rule 35 procedures, which are supposed to provide safeguards for vulnerable detainees, including those who have experienced torture and have mental illnesses. In one case a torture survivor was detained without it being at all clear what the exceptional circumstances were that led to his detention. We identified a similar case involving a victim of trafficking. Despite much effort at improving the system, we believe that further work is required. It is questionable whether the length of detention in some cases was necessary or proportionate to the legitimate aim of maintaining immigration control. The evidence of poor casework needs to be addressed at every level; casework must be appropriately skilled and resourced, and subject to more effective quality assurance. Although all immigration detainees have a right to apply for bail to the courts, there is currently no routine independent system of reviewing cases that can identify and correct what we found during this thematic inspection. We have therefore recommended that an independent panel should be established to review the cases of all individuals who are held for lengthy periods. Where the panel recommends release, UKBA would be required to review the case and publish its response. We believe this would motivate change in the system, and ensure that some of the shortcomings that we have identified here are addressed. Details: London: HM Inspectorate of Prisons and Independent Chief Inspector of Borders and Immigration, 2012. 48p. Source: Internet Resource: Accessed January 17, 2013 at: http://www.justice.gov.uk/downloads/publications/inspectorate-reports/hmipris/thematic-reports-and-research-publications/immigration-detention-casework-2012.pdf Year: 2012 Country: United Kingdom URL: http://www.justice.gov.uk/downloads/publications/inspectorate-reports/hmipris/thematic-reports-and-research-publications/immigration-detention-casework-2012.pdf Shelf Number: 127287 Keywords: Illegal AliensIllegal ImmigrantsImmigrant Detention (U.K.)Immigration |
Author: Treyger, Elina Title: Migration and Violent Crime: Lessons from the Russian Experience Summary: The relationship between migration, both internal and international, and crime is not a matter of merely academic interest. Many laws and public policies directly and profoundly affect migration within and across national borders. At a time when international migration is attracting increasing attention of policy makers, courts, and legislators, there is a real need to better understand and predict the public-order consequences of laws affecting population movements. This article exploits the Russian experience to further that aim. The relationship between population movements and crime has been the subject of a growing social science literature. That literature yields but one clear conclusion: that the relationship defies generalization. In some contexts, a concentration of newcomers (whether native or foreign) in communities correlate with higher, and in other contexts, with lower, violent crime rates across space. Some population movements appear to improve, and others to erode, the social capacity for informal control over crime. In this article, I marshal evidence for one promising explanation for the disparate consequences of different population movements, emphasizing the role of social ties and networks. That explanation suggests that where migrations destroy social networks among the migrants or in receiving communities, the social capacity for informal control over violent behaviors is undermined, and public order is liable to suffer. By contrast, where social networks drive migrations and are preserved or reconstituted in areas of settlement, no comparable disruptive effects ensue. Russia’s experience under Soviet rule furnishes a singularly fitting example of population movements that definitively disrupted preexisting social structures and obstructed formation of new ones. I make use of statistical analysis to demonstrate that the Russian post-communist geography of homicide was shaped profoundly by communist-era migration and settlement patterns. In this way, it offers evidence for the proposition that network-disrupting migrations are strongly associated with higher violent crime rates, and that state laws and policies that produce these sorts of movements come at a high social cost. The idiosyncratic character of Russia’s migration history makes it an empirically convenient case – the proverbial “natural experiment” – to explore the full effects of specifically network-disrupting population movements. Its idiosyncrasy notwithstanding, the Russian experience yields generalizable implications for our understanding of the migration-crime relationship, and our ability to identify those policies that are most likely to disrupt the social processes of informal control and contribute to violent crime. Details: Washington, DC: George Mason University, School of Law, 2013. 66p. Source: Internet Resource: George Mason University Law and Economics Research Paper Series 13-01 Accessed January 22, 2013 at: http://www.law.gmu.edu/assets/files/publications/working_papers/1301Migration&ViolentCrime.pdf Year: 2013 Country: United States URL: http://www.law.gmu.edu/assets/files/publications/working_papers/1301Migration&ViolentCrime.pdf Shelf Number: 127346 Keywords: Immigrants and CrimeImmigrationMigration (U.S.)Russian ImmigrantsSocial DisorganizationViolent Crime |
Author: Hales, Liz Title: The Criminalisation of Migrant Women Summary: The work of a number of key organisations, including the International Organisation for Migration, has led to awareness of the extent of national and international people trafficking and exploitation by smugglers and agents of people seeking to leave their country to seek work or asylum. Within the UK, public knowledge has been influenced by the setting up of the UK Human Trafficking Centre in October 2006, the work of a number of human rights organisations, and media interest in some cases. However, to date, there has been no formal recognition of the numbers of potential victims in custody on criminal charges, nor systematic prison based research that provides evidence on how these individuals have been managed within the Criminal Justice System and by the United Kingdom Border Agency, at a time when the percentage of foreign women in the prison estate continues to increase. Our research on the criminalisation of migrant women, funded for 18 months by the ESRC, aimed to fill this knowledge gap. The research was carried out between May 2010 and November 2011 with migrant women in prison and the immigration holding estate in the South-East of England. The key aims were to gather information in relation to the numbers of migrant women being processed through the criminal justice and immigration systems within England and Wales. Within the context of this picture we aimed to see whether there were any women who were victims of trafficking, smuggling and ‘work under duress’ in custody, and by examining case management identify the extent of compliance in relation to the European Convention on Trafficking and the Convention of Human Rights. Key findings In 2009 there were 2,454 foreign national receptions into the female prison estate and during the period of the research foreign national prisoners accounted for 19 per cent of the population in custody and 26 per cent of new untried receptions. In four of the five prisons, where the majority of interviews were carried out, the average population was 30 per cent, rising to 31 per cent in HMP Holloway and HMP Bronzefield in the final month. Analysis of data from fpwp/Hibiscus, a key organisation working with foreign women in custody, showed that 41 per cent of their caseload in 2009 involved women charged with offences such as deception and fraud in relation to their immigration status and related offences of use of false documentation to access work or benefits, or pass through customs on entry or exit from the UK. Prison data gathered in the context of the research indicated that 26 per cent overall were arrested in relation to these offences with an additional 4 per cent arrested on offences such as street robberies and sale of counterfeit goods (offences potentially linked with trafficking). Within the immigration estate in 2010, 4,337 women were taken into detention, of which there were 2,799 receptions at Yarl’s Wood IRC, where monthly figures showed that 112 women, one third, were being held post completion of a prison sentence. In the context of interviews with 103 migrant women in the prison and immigration holding estate, detained or arrested on charges that are potentially linked with entry to or exit from the UK or work under the control of others, evidence gathered indicated that 43 were victims of trafficking, of whom two were formally re-assessed as children whilst in the adult estate.1 An additional five women had entered the country independently, but had then been worked in slavery or servitude like conditions and 10 had entered the UK in the hands of agents and had been arrested resultant on the theft of their relevant documents by their smugglers. The progress of these 58 women within the target group (that is, those who might have been trafficked or smuggled or made to work under duress) was then monitored in terms of their management within the criminal justice and immigration systems. This was carried out by 59 follow up interviews in custody and 14 more in the community, observations of 33 court appearances, ongoing communication by letter and examination of relevant paper documentation held by the interviewees, their legal representatives and others, wherever this was feasible. 38 of the 48 women within the target group (58) for whom there is data on employment were involved in non-skilled work before departure and, for those who were complicit in the decision to travel to the UK, reasons for migration were a mixture of economic necessity and a need for asylum. For all but eight it was their first move from home. Eight of those trafficked did not travel directly to the UK, but were first moved to other countries to work en route. Five had been trafficked as children and one of the children had been re-trafficked to the UK after being deported back to Africa from the first destination country. Twenty of the women trafficked were forced to work in prostitution and fifteen in cannabis production. Eight worked in domestic servitude, two were acting as drug mules and eight were involved in street robberies and the sale of fake goods. An additional five women were forced into these areas of work after entering the country independently of those who controlled them in the work. The common experience of all the women within this target group was one of disempowerment and for those trafficked or smuggled this process started from the point of recruitment. All of those interviewed indicated that they had been victims of physical and/or emotional abuse. Twenty-four women disclosed in interview that they had experienced multiple rapes and for an additional two this had been an ongoing threat. For those who migrated to seek asylum, disclosures indicated that these experiences started prior to their move and were thus the key reasons for migration. For others, disclosures in interview indicated that it was integral to the relationship they had with those who brought them to the UK, who worked them under duress and to whom they had been sold. For many, the hold and threats made by those who had recruited, moved and controlled them did not disappear on arrest. The women’s experiences led to them to report that they felt socially isolated, vulnerable, traumatised, subject to flashbacks, ashamed to tell others what had happened and finding difficulty in knowing whom to trust. They indicated that all of this was exacerbated by the experience of imprisonment and uncertainty about the future and it is not insignificant that being handed over to the police or immigration was a common threat used by those who had held them. In terms of the offences for which they had been arrested, the two key offence groups were in relation to the use of false identity documentation and the production of cannabis. Within the target group of 58, 20 of the primary charges were for use of false instrument with intent and 14 for the production of a controlled drug (cannabis). Of the 43 who were identified as victims of trafficking by the researchers, only 11 were processed through the National Referral Mechanism (NRM) and this did not happen for two of these women until their sentence was completed. Four other women were advised that this option was open to them. Three declined as they were serving short sentences and their goal was to return home as soon as possible, and the fourth was too frightened of the potential implications both to herself and her daughter in making full disclosure of her experiences. With four of these cases, the Conclusive Grounds decision made on their victim status by UKBA (which acted as the competent authority) was negative. To date, one of these decisions has been overturned following a successful judicial review; such a review was being considered for a second. Even where referrals were made to the NRM that resulted in a positive decision and non-prosecution, the victims spent on average four months in custody. For the other 37 there was no formal recognition of their victim status and no access to appropriate support or temporary protection from deportation other than going down the route of applying for asylum. Of equal significance is the fact that, to date, in only one of the cases did victim disclosures result in a full police investigation in relation to the actions of the perpetrators.A key question of this research is therefore why so few of those whose disclosures at interview with the researchers, which exemplified all the key indicators of being a victim of trafficking, had not been identified as such within the criminal justice system. Similarly we looked at why those arrested on offences committed under duress, in ignorance or resultant on the action of those who had controlled them were held entirely responsible for their actions. Details: Cambridge, UK: Institute of Criminology, University of Cambridge,, 2012. 128p. Source: Internet Resource: Accessed January 29, 2013 at: http://www.crim.cam.ac.uk/people/academic_research/loraine_gelsthorpe/criminalreport29july12.pdf Year: 2012 Country: United Kingdom URL: http://www.crim.cam.ac.uk/people/academic_research/loraine_gelsthorpe/criminalreport29july12.pdf Shelf Number: 127432 Keywords: Female InmatesHuman TraffickingIllegal ImmigrantsImmigrationMigrant Women (U.K.)RapeSexual AssaultSexual Exploitation |
Author: Hanson, Gordon H. Title: The Economics and Policy of Illegal Immigration in the United States Summary: Policymakers across the political spectrum share a belief that high levels of illegal immigration are an indictment of the current immigration policy regime. An estimated 12 million unauthorized immigrants live in the United States, and the past decade saw an average of 500,000 illegal entrants per year. Until recently, the presence of unauthorized immigrants was unofficially tolerated. But since 2001, policymakers have poured huge resources into securing US borders, ports, and airports; and since 2006, a growing range of policies has targeted unauthorized immigrants within the country and their employers. Notwithstanding these efforts, no agreement has materialized on a system to replace the status quo and, in particular, to divert illegal flows to legal ones. Policy inaction is a result not only of a partisan divide in Washington, but also of the underlying economic reality that despite its faults, illegal immigration has been hugely beneficial to many US employers, often providing benefits that the current legal immigration system does not. Unauthorized immigrants provide a ready source of manpower in agriculture, construction, food processing, building cleaning and maintenance, and other low-end jobs, at a time when the share of low-skilled native-born individuals in the US labor force has fallen dramatically. Not only do unauthorized immigrants provide an important source of low-skilled labor, they also respond to market conditions in ways that legal immigration presently cannot, making them particularly appealing to US employers. Illegal inflows broadly track economic performance, rising during periods of expansion and stalling during downturns (including the present one). By contrast, legal flows for low-skilled workers are both very small and relatively unresponsive to economic conditions. Green cards are almost entirely unavailable to low-skilled workers; while the two main low-skilled temporary visa programs (H-2A and H-2B) vary little over the economic cycle and in any case represent scarcely 1 percent of the current unauthorized population, making them an inconsequential component of domestic low-skilled employment. Despite all this, illegal immigration’s overall impact on the US economy is small. Low-skilled native workers who compete with unauthorized immigrants are the clearest losers. US employers, on the other hand, gain from lower labor costs and the ability to use their land, capital, and technology more productively. The stakes are highest for the unauthorized immigrants themselves, who see very substantial income gains after migrating. If we exclude these immigrants from the calculus, however (as domestic policymakers are naturally inclined to do), the small net gain that remains after subtracting US workers’ losses from US employers’ gains is tiny. And if we account for the small fiscal burden that unauthorized immigrants impose, the overall economic benefit is close enough to zero to be essentially a wash. Where does this leave policymakers? Any new reform effort will have to take a stand on preventing versus facilitating inflows of low-skilled foreign labor. Legislation is expected to embrace aspects of two different strategies: enforcement strategies designed to prevent illegal immigration, and accommodation strategies designed to divert illegal flows through legal channels using legalization and expanded legal options for future prospective migrants. Since US spending on enforcement activities is already very high, sizeable increases in enforcement resources could easily cost far more than the tax savings they generated from reduced illegal presence in the United States. Because the net impact of illegal immigration on the US economy does not appear to be very large, one would be hard pressed to justify a substantial increase in spending on border and interior enforcement, at least in terms of its aggregate economic return. A more constructive immigration policy would aim to generate maximum productivity gains to the US economy while limiting the fiscal cost and keeping enforcement spending contained. Effectively, this means converting existing inflows of illegal immigrants into legal flows. It does not have to mean increasing the total number of low-skilled foreign workers in the labor force. Policies designed to achieve this would: • provide sufficient legal channels of entry to low-skilled workers by expanding legal options for immigration while maintaining reasonable enforcement of immigration laws; • allow inflows to fluctuate with the economy; • create incentives for both employers and immigrants to play by the rules by ensuring meaningful enforcement at US worksites and rewarding workers for their compliance by giving them the chance to seek legal permanent residence; and • mitigate the fiscal impact of low-skilled immigration by charging a fee for legal entry or taxing employers. Details: Washington, DC: Migration Policy Institute, 2009. 19p. Source: Internet Resource: Accessed February 5, 2013 at: http://www.migrationpolicy.org/pubs/hanson-dec09.pdf Year: 2009 Country: United States URL: http://www.migrationpolicy.org/pubs/hanson-dec09.pdf Shelf Number: 127480 Keywords: Illegal AliensIllegal Immigrants (U.S.)ImmigrationImmigration Policy |
Author: Mehlman-Orozco, K. Title: Smuggling and the Likelihood of Detention: An Exploratory Study of Undocumented Migrants in Northern Virginia Summary: Current political and security realties have focused attention on the mechanisms of undocumented migration at the US southern border. Although data show that the incidence of human smuggling has increased, it is unclear whether smuggled undocumented migrants evade detention more often than non-smuggled undocumented migrants. Do smuggled undocumented migrants evade detention more than undocumented migrants who cross without the help of smugglers? This study uses survey data collected from a convenience sample of day laborers in Northern Virginia to provide an exploratory answer to this question. Bivariate analyses of undocumented migrant entry and detention in the United States provides statistically significant evidence that smuggled undocumented migrants are less likely to be detained than undocumented migrants who traveled individually. This evidence suggests that smuggled undocumented migrants may be continuing to evade border security at a greater rate than individual migrants. Details: Alexandria, VA: Justitia Institute, 2012. 4p. Source: Internet Resource: Accessed February 13, 2013 at: http://www.justitiainstitute.org/wp-content/uploads/2012/06/TJISmugglingReport.pdf Year: 2012 Country: United States URL: http://www.justitiainstitute.org/wp-content/uploads/2012/06/TJISmugglingReport.pdf Shelf Number: 127597 Keywords: Border SecurityHuman SmugglingIllegal Immigrants (U.S.)Immigration |
Author: Chen, Greg Title: Border Security: Moving Beyond Past Benchmarks Summary: AssociationFor years, but especially after 9/11, the calls for border security have been increasing with many lawmakers demanding that the border must be secured. The idea has gained traction, and recent comprehensive immigration bills have been loaded with border security measures that include more border agents, fencing, and high-tech surveillance, and the expanded use of detention. Proposals, such as the 2007 Senate reform bill (S.1639), went further by requiring that specific benchmarks, “triggers,” be met before legalization could take place.1 Though none of these proposals became law, a resource-heavy approach has been implemented and has resulted in a dramatic build-up of border security and a massive expenditure of resources focused on the following: 1) Achieving “operational control” of the border; 2) Increasing border personnel; 3) Increasing border infrastructure and surveillance; and 4) Increasing penalties for border crossers, including prosecution and incarceration. In FY 2012, Customs and Border Protection (CBP) alone was funded at $11.7 billion, an increase of 64% since FY 2006.2 In 2010, Congress passed a special border security bill providing an additional $600 million on top of the amount already appropriated.3 This report examines past immigration reform proposals, specifically the 2006, 2007, and 2010 Senate bills (S. 2611, S.1639, and S.3932), and evaluates the proposals in these four areas: operational control, border personnel, border infrastructure and technology, and detention. Details: Washington, DC: American Immigration Lawyers Association, 2013. 7p. Source: Internet Resource: Accessed February 15, 2013 at: http://www.aila.org/content/default.aspx?docid=43061 Year: 2013 Country: United States URL: http://www.aila.org/content/default.aspx?docid=43061 Shelf Number: 127634 Keywords: Border PatrolBorder Security (U.S.)Illegal ImmigrantsImmigration |
Author: Isacson, Adam Title: An Uneasy Coexistence: Security and Migration Along the El Paso-Ciudad Juárez Border Summary: In September 2011, three WOLA staff members — Senior Associate Adam Isacson, Senior Fellow George Withers, and Program Assistant Joe Bateman — paid a five-day visit to El Paso, Texas, and Ciudad Juárez, Mexico. Isacson returned to El Paso for three days in October. We found two cities that, while separated only by a narrow river, are rapidly growing further apart. Ciudad Juárez is undergoing wrenching change as dysfunctional state institutions confront powerful, hyper-violent criminal groups. El Paso has witnessed an unprecedented buildup of the U.S. government’s security and law enforcement apparatus. The results have been mixed. Violence has not spilled over into El Paso, in part because the drug traffickers do not want it to do so. The flow of migrants from Mexico into the El Paso region has nearly ground to a halt due to greatly increased U.S. security-force presence, the poor U.S. economy, and the danger that organized-crime groups pose for migrants on the Mexican side of the border. The flow of drugs, meanwhile, continues at or near the same level as always. What we saw in El Paso raised concerns about U.S. policy. Present levels of budgets and personnel may not be sustainable. Nor may they be desirable until a series of reforms are implemented. These include human rights training for law enforcement, improved intelligence coordination, reduced military involvement, stronger accountability mechanisms, increased anticorruption measures, and greater attention to ports of entry. They also include a much sharper distinction between violent threats like organized crime or terrorism, and non-violent social problems like unregulated migration. Any reforms, however, need to be guided by a coherent policy, and for the moment the U.S. government still lacks a comprehensive border security strategy. In El Paso, WOLA found that this lack of clarity amid a security buildup has hit the migrant population especially hard. Details: Washington, DC: Washington Office on Latin America, 2011. 19p. Source: Internet Resource: Accessed February 15, 2013 at: http://www.wola.org/files/111219_uneasy_coexistence.pdf Year: 2011 Country: United States URL: http://www.wola.org/files/111219_uneasy_coexistence.pdf Shelf Number: 127636 Keywords: Border Law EnforcementBorder Security (U.S.)Drug TraffickingDrug ViolenceIllegal ImmigrantsImmigration |
Author: Ruther, Matthew Howard Title: Essays on the Spatial Clustering of Immigrants and Internal Migration within the United States Summary: The chapters in this dissertation each look at some aspect of immigration or internal migration in the United States, highlighting the spatial nature of population distribution and mobility. Chapters 1 and 2 focus on the effect of immigrant residential clustering on crime and Chapter 3 explores the internal migration behavior of Puerto Ricans. In the first chapter, we investigate the effect of immigrant concentration on patterns of homicide in Los Angeles County. We also suggest an alternative method by which to define immigrant neighborhoods. Our results indicate that immigrant concentration confers a protective effect against homicide mortality, an effect that remains after controlling for other neighborhood structural factors that are commonly associated with homicide. Controlling for the spatial dependence in homicides reduces the magnitude of the effect, but it remains significant. Chapter 2 examines how foreign born population concentration impacts homicide rates at the county level. This chapter utilizes a longitudinal study design to reveal how changes in the immigrant population in the county are associated with changes in the homicide rate. The analysis is carried out using a spatial panel regression model which allows for cross-effects between neighboring counties. The results show that increasing foreign born population concentration is associated with reductions in the homicide rate, a process observed most clearly in the South region of the United States. In Chapter 3 we explore the internal migration patterns of Puerto Ricans in the United States, comparing the migration behavior of individuals born in Puerto Rico to those born in the United States. Second and higher generation Puerto Ricans are more mobile than their first generation counterparts, likely an outcome of the younger age structure and greater human capital of this former group. Puerto Ricans born in the United States also appear to be less influenced by the presence of existing Puerto Rican communities when making migration decisions. Both mainland- and island-born Puerto Rican populations are spatially dispersing, with the dominant migration stream for both groups being between New York and Florida. Details: Philadelphia: University of Pennsylvania, 2012. 159p. Source: Internet Resource: Dissertation: Accessed February 26, 2013 at: https://www.ncjrs.gov/pdffiles1/nij/grants/239863.pdf Year: 2012 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/239863.pdf Shelf Number: 127715 Keywords: HomicideIllegal ImmigrantsImmigrants and CrimeImmigrationNeighborhoods and CrimePuerto Rican Immigrants |
Author: Australia. Auditor General Title: Individual Management Services Provided to People in Immigration Detention Summary: Immigration detention is one of the most complex, controversial and debated areas of government policy. The Department of Immigration and Citizenship (DIAC) is responsible for administering immigration detention under the Migration Act 1958 (Migration Act). The Migration Act requires people who are not Australian citizens and who are unlawfully in Australia to be detained in immigration detention. In 2011–12, immigration detention cost $1.235 billion; $1.04 billion in administered costs and $192.44 million in departmental costs. Over half of the cost of immigration detention ($700 million) was paid to the two key service providers that are contracted to provide detention and health services in Australia’s immigration detention facilities. These contracts are managed by DIAC. Australia has two types of immigration detention: ‘held’ immigration detention, where people are accommodated in immigration detention facilities; and community detention, where people are accommodated in the community. ‘Held’ immigration detention facilities (IDFs) include: •Immigration Detention Centre (IDC); •Alternative Places of Detention (APOD); •Immigration Residential Housing (IRH); and •Immigration Transit Accommodation (ITA). There are currently 19 IDFs located in metropolitan and regional/remote areas throughout Australia’s states and territories. In addition, the Republic of Nauru and the Independent State of Papua New Guinea were designated as ‘regional processing countries’ under the Migration Act in September 2012 and October 2012 respectively. As at 30 September 2012, there were 7670 people in held immigration detention—6552 men, 454 women and 664 children. The majority of detainees (around 72 per cent) were accommodated in IDCs and around one quarter were housed in APODs. The average time detainees spent in immigration detention as at 30 September 2012 was 83 days.1 However, some detainees continue to be detained for very long periods—956 detainees (10.2 per cent) had been in detention for over one year and, of these, 514 (5.5 per cent) for over two years. The objective of the audit was to assess the effectiveness of DIAC’s management of individual management services provided to people in immigration detention. The ANAO assessed whether: •appropriate individual management services were provided to people in immigration detention; •DIAC effectively monitored the individual management services provided to people in immigration detention and managed service provider performance; and •DIAC’s administrative arrangements facilitated the cohesive provision of individual management services to people in immigration detention. The audit focused on DIAC’s oversight of selected individual management services provided to people in held immigration detention. Details: Canberra: Australian National Audit Office, 2013. 160p. Source: Internet Resource: Audit Report No.21 2012–13: Accessed March 7, 2013 at: http://www.anao.gov.au/Publications/Audit-Reports/2012-2013/Individual-Management-Services-Provided-to-People-in-Immigration-Detention Year: 2013 Country: Australia URL: http://www.anao.gov.au/Publications/Audit-Reports/2012-2013/Individual-Management-Services-Provided-to-People-in-Immigration-Detention Shelf Number: 127866 Keywords: Illegal ImmigrantsImmigrant Detention (Australia)Immigration |
Author: American University, Washington College of Law, Immigrant Justice Clinic Title: Taken for a Ride: Migrant Workers in the U.S. Fair and Carnival Industry Summary: Samuel Rosales Rios came to the United States from Mexico as a temporary worker under the H-2B guestworker program1 only to be treated by his employer not as a guest, but as a near-slave. Samuel was permitted to enter the U.S. and work legally on a temporary seasonal basis for the employer who had sponsored his work visa, the operator of a Greek food stand at a state fair. Samuel and his coworkers were forced to work between 16 and 17 hours per day for many days in a row in temperatures that sometimes reached over 90 degrees Fahrenheit (over 30 degrees Celsius). The workers lived in poor housing and sometimes earned as little as $1 USD (approximately 13 MXN) per hour, despite being promised an hourly rate of $10 to $12 USD (approximately 129 to 154 MXN) and decent living conditions. Samuel received so little pay that he could not afford to buy additional food to supplement the single meal his employer provided, leading him to suffer dehydration and hunger during his long shifts. After several days of sleeping in an overcrowded, bedbug and flea-infested trailer, and without an adequate place to bathe, Samuel eventually sought treatment in an emergency room for dehydration and infections from bug bites. Samuel and his coworkers’ experiences are illustrative of the appalling work conditions H-2B workers in the fair and carnival industry often face. These workers are vulnerable to unfair employment and labor practices in part because their visas only authorize them to work for the employer who sponsored them, and also because they often arrive in the U.S. with a debilitating pre-employment debt. Recent attempts to enhance H-2B worker protections, while a step in the right direction, are currently stalled due to employer-driven litigation. As a result of inadequate government oversight and enforcement of existing laws, coupled with workers’ limited access to exercise their rights by filing complaints regarding employment and health and safety violations, employers continue to bring workers to the U.S. and place them in deplorable work and living conditions with almost absolute impunity. While Samuel’s employer faced legal consequences, many more violations of fair and carnival workers’ basic rights are never reported or enforced. Too many workers like Samuel are taken for a ride. Based on interviews with H-2B workers in Maryland, Virginia, and Mexico, this report sheds light on the abuses that fair and carnival workers face. Such abuses include deceptive recruitment practices and high pre-employment fees and costs; wage theft; lack of access to legal and medical assistance; substandard housing; and unsafe work conditions. The fair and carnival industry epitomizes what is currently most problematic with the H-2B temporary worker program, as employers are often able to mistreat their workers and claim exemption from basic worker protection laws with very little scrutiny. This report provides recommendations that would rectify H-2B worker mistreatment through means such as comprehensive immigration reform, agency rulemaking, and enforcement of existing laws. Fixing the H-2B program would not only help foreign temporary workers: all workers in the U.S. benefit when the rights of a specific group of workers are enhanced and enforced. Details: Washington, DC: American University, Washington College of Law, Immigrant Justice Clinic, 2013. 104p. Source: Internet Resource: Accessed March 12, 2013 at: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf Year: 2013 Country: United States URL: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf Shelf Number: 127920 Keywords: Forced LaborHuman RightsImmigrationMigrant AbusesMigrant Workers, Labor Conditions (U.S.) |
Author: Doctors Without Borders Title: Violence, Vulnerability and Migration: Trapped at the Gates of Europe. A report on the situation of sub-Saharan migrants in an irregular situation in Morocco Summary: Over the last ten years, as the European Union (EU) has tightened its border controls and increasingly externalised its migration policies, Morocco has changed from being just a transit country for migrants en route to Europe to being both a transit and destination country by default. MSF’s experience demonstrates that the longer sub-Saharan migrants stay in Morocco the more vulnerable they become. This preexisting vulnerability, related to factors such as age and gender, as well as traumas experienced during the migration process, accumulates as they are trapped in Morocco and subjected to policies and practices that neglect, exclude and discriminate against them. MSF’s data demonstrates that the precarious living conditions that the majority of sub-Saharan migrants in Morocco are forced to live in and the wide-spread institutional and criminal violence that they are exposed to continue to be the main factors influencing medical and psychological needs. MSF teams have repeatedly highlighted and denounced this situation, yet violence remains a daily reality for the majority of sub-Saharan migrants in Morocco. In fact, as this report demonstrates, the period since December 2011 has seen a sharp increase in abuse, degrading treatment and violence against sub-Saharan migrants by Moroccan and Spanish security forces. This report also reveals the widespread violence carried out by criminal gangs, including bandits and human smuggling and human trafficking networks. It provides a glimpse into the shocking levels of sexual violence that migrants are exposed to throughout the migration process and demands better assistance and protection for those affected. These unacceptable levels of violence should not overshadow the achievements that have been made in recognition and respect for sub-Saharan migrants’ right to health over the last ten years. Progress has been made, however considerable challenges remain, particularly with regard to non-emergency, secondary care, care for people with mental health problems and protection and assistance for survivors of sexual violence. Further investment and reform of the healthcare system is needed, however the impact of the progress made to date and any future reforms will be limited unless concrete action is taken to address the discrepancy between European and Moroccan policies which view migration through a security prism and criminalise, marginalise and discriminate against sub-Saharan migrants in Morocco and those which protect and uphold their fundamental human rights. This report highlights the medical and psychological consequences of this approach and the cumulative vulnerability of the significant numbers of sub-Saharan migrants who are trapped in Morocco. In doing so it calls, once again, on the Moroccan authorities to respect their international and national commitments to human rights, develop and implement protection mechanisms and ensure that sub- Saharan migrants are treated in a humane and dignified manner, no matter what their legal status. Details: Geneva, SWIT: Doctors Without Borders, 2013. 39p. Source: Internet Resource: Accessed April 2, 2013 at: http://www.doctorswithoutborders.org/publications/reports/2013/Trapped_at_the_Gates_of_Europe.pdf Year: 2013 Country: Morocco URL: http://www.doctorswithoutborders.org/publications/reports/2013/Trapped_at_the_Gates_of_Europe.pdf Shelf Number: 128194 Keywords: Border PatrolBorder SecurityImmigrationMigrantsMigration (Morocco)Victims of ViolenceViolence |
Author: Caponi, Vincenzo Title: Empirical Characteristics of Legal and Illegal Immigrants in the U.S. Summary: We combine the New Immigrant Survey (NIS), which contains information on US legal immigrants, with the American Community Survey (ACS), which contains information on legal and illegal immigrants to the U.S. Using econometric methodology proposed by Lancaster and Imbens (1996) we compute the probability for each observation in the ACS data to refer to an illegal immigrant, conditional on observed characteristics. The results for illegal versus legal immigrants are novel, since no other work has quantified the characteristics of illegal immigrants from a random sample. We find that, compared to legal immigrants, illegal immigrants are more likely to be less educated, males, and married with their spouse not present. These results are heterogeneous across education categories, country of origin (Mexico) and whether professional occupations are included or not in the analysis. Forecasts for the distribution of legal and illegal characteristics match aggregate imputations by the Department of Homeland Security. We find that, while illegal immigrants suffer a wage penalty compared to legal immigrants, returns to higher education remain large and positive. Details: Bonn, Germany: Institute for the Study of Labor (IZA), 2013. 39p. Source: Internet Resource: Discussion Paper No. 7304; Accessed April 4, 2013 at: http://ftp.iza.org/dp7304.pdf Year: 2013 Country: United States URL: http://ftp.iza.org/dp7304.pdf Shelf Number: 128258 Keywords: Illegal Immigrants (U.S.)Immigration |
Author: U.S. Government Accountability Office Title: Border Security: Partnership Agreements and Enhanced Oversight Could Strengthen Coordination of Efforts on Indian Reservations Summary: Individuals seeking to enter the United States illegally may attempt to avoid screening procedures at ports of entry by crossing the border in areas between these ports, including Indian reservations, many of which have been vulnerable to illicit cross-border threat activity, such as drug smuggling, according to DHS. GAO was asked to review DHS’s efforts to coordinate border security activities on Indian reservations. This report examines DHS’s efforts to coordinate with tribal governments to address border security threats and vulnerabilities on Indian reservations. GAO interviewed DHS officials at headquarters and conducted interviews with eight tribes, selected based on factors such as proximity to the border, and the corresponding DHS field offices that have a role in border security for these Indian reservations. While GAO cannot generalize its results from these interviews to all Indian reservations and field offices along the border, they provide examples of border security coordination issues. This is a public version of a sensitive report that GAO issued in December 2012. Information that DHS, the Department of Justice (DOJ) and the Department of the Interior (DOI) deemed sensitive has been redacted. What GAO Recommends GAO recommends that DHS examine the benefits of government-to-government agreements with tribes and develop and implement a mechanism to monitor border security coordination efforts with tribes. DHS concurred with our recommendations Details: Washington, DC: GAO, 2013. 30p. Source: Internet Resource: GAO-13-352: Accessed April 5, 2013 at: http://www.gao.gov/assets/660/653590.pdf Year: 2013 Country: United States URL: http://www.gao.gov/assets/660/653590.pdf Shelf Number: 128290 Keywords: Border PatrolBorder SecurityIllegal ImmigrantsImmigrationIndian Reservations |
Author: Trude, Adeline Title: The Liberty Deficit: Long-term detention & bail decision-making A study of immigration bail hearings in the First Tier Tribunal Summary: Over 5 months in 2011-12 and with the assistance of pro bono counsel and trained observers from The Law School at City University , BID carried out observations and detailed analysis of 80 immigration bail hearings. In half of these cases the applicant's case was prepared by BID as their legal representative, and they had the benefit of pro bono counsel. The other cases were brought by detainees preparing their application and representing themselves. The research sought to examine whether the immigration bail system serves the needs of the long term detainees who form the majority of BID’s clients. We take ‘long-term’ in this report to mean continuous administrative detention of a period of 6 months or more, in line with the guidance to First Tier judges on bail (2012) which states: “The senior courts have been reluctant to specify a period of time after which the length of detention will be deemed excessive and as a result that bail should be granted. Each case turns on its own facts and must be decided in light of its particular circumstances. However, it is generally accepted that detention for three months would be considered a substantial period of time and six months a long period. Imperative considerations of public safety may be necessary to justify detention in excess of six months” (HMCTS, 2012: para 19) Our research suggests that the First Tier Tribunal Immigration & Asylum Chamber is not equipped to deal with matters of criminal risk and release, which have come increasingly to the fore since the foreign national prisoner scandal and the introduction of ‘automatic’ deportation. There is an overwhelming failure on the part of the UK Border Agency to substantiate assertions made before the Tribunal in relation to the risk of re-offending, serious harm, or absconding, matched by a failure of the Tribunal to seek this evidence from the Border Agency. The amount of time made available by the Tribunals Service for barristers to take instructions, for the hearings themselves, and for comprehensive interpretation has not responded to the increasing number of detainees with complex and lengthy immigration histories. We believe that the First Tier Tribunal IAC is not using its powers sufficiently to ensure that detention does not become unnecessarily prolonged; for example to adjourn with directions to parties to avoid the need for a further bail application. Details: London: Bail for Immigration Detainees, 2012. 108p. Source: Internet Resource: Accessed April 25, 2013 at: http://www.biduk.org/817/news/new-bid-research-report-on-bail-decision-making-and-longterm-detention-the-liberty-deficit-longterm-detention-and-bail-decisionmaking.html Year: 2012 Country: United Kingdom URL: http://www.biduk.org/817/news/new-bid-research-report-on-bail-decision-making-and-longterm-detention-the-liberty-deficit-longterm-detention-and-bail-decisionmaking.html Shelf Number: 128491 Keywords: BailIllegal Immigrants (U.K.)Immigrant DetentionImmigration |
Author: Oakley, Sharon Title: Working Against the Clock : Inadequacy and injustice in the fast track system. Based on research by Bail for Immigration Detainees at Harmondsworth Immigration Removal Centre in March 2006 Summary: Bail for Immigration Detainees (BID) is an independent charity that aims to improve access to bail for all immigration detainees, to ensure that detention is subject to regular, independent, automatic review, and to end arbitrary detention in the United Kingdom. BID opposes the increasing use of detention in the UK. Where detention is to be used, BID calls for changes to bring the UK into line with human rights standards so that individuals are protected from arbitrary and prolonged detention by effective and accessible legal safeguards. Appeals for help from immigration detainees provided the primary incentive for this research. In the months preceding this study, BID was contacted by hundreds of men and women detained at Harmondsworth and Yarl’s Wood Immigration Removal Centres (IRCs) while their cases were ‘fast-tracked’ under the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005. An increasing number of these immigration detainees were appealing to BID for help and complaining about the inadequacies and injustices of the fast track system. Working against the clock is a unique research project commissioned by BID and carried out largely by volunteers. It is the first piece of research to present a focused analysis of the fast track system at Harmondsworth IRC, based upon court observation and interviews with detainees and legal representatives. The Government carried out an evaluation of the pilot phase of the fast track procedure at Harmondsworth IRC in September 2003. The results of the evaluation were not made available to the public, but BID was able to obtain a copy of the evaluation by filing a Freedom of Information (FOI) disclosure request. Unfortunately, a significant amount of the report was blacked out, rendering the contents of the report obscure and its findings largely unfathomable.1 Working against the clock presents an analysis of the fast track system, using a small sample of cases to illustrate a range of issues, whilst providing a forum for the voices of immigration detainees and their legal representatives. The findings set out in this report present deplorable inadequacies and injustices in the fast track process. The concluding recommendations to the Immigration Service, Legal Services Commission, Immigration Judges, legal representatives, the public and detainees represent a powerful call for radical changes to this system. Details: London: Bail for Immigration Detainees, 2006. 42p. Source: Internet Resource: Accessed April 25, 2013 at: www.biduk.org Year: 2006 Country: United Kingdom URL: Shelf Number: 128496 Keywords: BailIllegal ImmigrantsImmigrant Detention (U.K.)Immigration |
Author: Cutler, Sarah Title: “Refusal Factory”: Women’s experiences of the Detained Fast Track asylum process at Yarl’s Wood Immigration Removal Centre Summary: This report by BID is a very welcome piece of research giving testimony to the experiences of many hundreds of women who are subject to the Home Office Super Fast Tracking procedure. Many of these women’s voices would otherwise go unheard, silenced in this country as they have often been in their own countries. The UK has committed to a “fair, fast and firm” asylum policy, however the detention and fast tracking of women has serious implications for the equity of the asylum process.As shown in the report many women are denied access to quality legal representation from within detention centres. Women are frequently denied access to appropriate health care. Medical and psychological consequences of grave human rights violations often remain undetected and many women fear to disclose histories of sexual assault and rape from within detention. All of the above impact upon the judiciousness of the asylum process. As such the quality of initial decision making will inevitably be influenced, as indeed will the ability of decision makers to make a judicious decision in the absence of a full and carefully prepared account of events. Amnesty International has already identified serious problems with the quality of initial decision making (Amnesty International, 2004) and there is a wealth of research pointing towards delayed disclosures in the aftermath of sexual violence (Henry, N.M. 2005 Disclosure, sexual violence and international jurisprudence.University of Melbourne). The dangers of the DFT system highlighted in this report are in line with The Helen Bamber Foundation’s own experience of working with women who have been through the DFT.Many of the women with whom we are currently working, following arduous legal wrangles to release them from the DFT process, are survivors of horrific human rights violations, including rape, torture, sex trafficking, gender specific violence, genocide and war related violence.Their experiences of the DFT have often been experienced as a continuation of abuses already endured in the form of a denial of respect for their humanity. In our experience, disclosure is inhibited by the detention environment, access to essential healthcare services is patchy and women’s health complaints frequently go undiagnosed. In particular, symptoms of post traumatic stress disorder often remain undetected and women’s mental health frequently deteriorates in the detention environment. Women seeking asylum have endured multiple bereavements and separations. Within detention any relationships established are likely to be severed, either by deportation or release. As such, women who remain for long periods in detention find it very difficult to form and maintain relationships for fear that any sense of camaraderie will abruptly come to an end. Furthermore the deprivation of liberty of innocent people runs against the fundamental principle of our rule of law. The UK has a responsibility to protect survivors of torture and we call upon the government to take this responsibility seriously. Effective border control should not detract from this responsibility. This report should make essential reading for government policy makers, Home Office decision makers,members of the judiciary and the voting public. Details: London: Bail for Immigration Detainees, 2007. 41p. Source: Internet Resource: Accessed April 25, 2013 at: Year: 2007 Country: United Kingdom URL: Shelf Number: 128497 Keywords: BailIllegal ImmigrantsImmigrant Detention (U.K.)Immigration |
Author: Campbell, Sarah Title: Last Resort or First Resort? Immigration detention of children in the UK Summary: In 2009 more than 1,000 children in the UK were detained with their families for the purposes of immigration control (Home Office 2010a). Medical studies have found that detention is associated with post-traumatic stress disorder, major depression, suicidal ideation, self-harm and developmental delay in children (Lorek et al 2009; Human Rights and Equal Opportunity Commission 2004; Mares and Jureidini 2004; Steel et al 2004). The attempted suicide of a 10-year-old girl in immigration detention in the UK in 2009 provided a stark reminder of the implications of these research findings (Taylor 2009). The then Labour government justified the detention of children on the basis that it was used only as a last resort, and for the shortest possible time (Hansard HC 12 October 2009, Col 534W). It argued that in cases where families were detained, this was necessary for the purposes of immigration control for three main reasons: first, to prevent families absconding; second, to effect the imminent removal of families from the UK; and third, that if these families were not detained in order to be forcibly removed, they would have refused to leave the UK voluntarily (Home Office 2002, 4.77; Home Affairs Committee 2009, Q25; Byrne 2008). In order to examine the validity of these reasons for detaining families, Bail for Immigration Detainees (BID) and The Children’s Society carried out detailed research into the cases of 82 families with 143 children who were detained during 2009, using data from 82 clients’ case files, interviews with 30 family members and 27 legal representatives, and full Home Office files for 10 families. Details: London: Bail for Immigration Detainees' The Children's Society, 2011. 102p. Source: Internet Resource: accessed April 25, 2013 at: www.biduk.org Year: 2011 Country: United Arab Emirates URL: Shelf Number: 128498 Keywords: Children of ImmigrantsIllegal ImmigrantsImmigrant Detention (U.K.)Immigration |
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: Neave, Colin Title: Suicide and Self-harm in the Immigration Detention Network Summary: Australia's immigration detention network has been subject to numerous reviews in recent years. This was due to the unprecedented strain on the network arising from increased Irregular Maritime Arrivals and the subsequent unrest and increase in suicide and self-harm incidents in 2010 and 2011. The Department of Immigration and Citizenship (the department) and its service providers have undertaken, and are continuing to undertake, significant work to address the problems that these reviews have highlighted. We recognise that this investigation started during a particularly difficult period due to the immigration detention policies in place and the significant increase in Irregular Maritime Arrivals.The large numbers of people seeking asylum also led to significant delays in processing of claims and in subsequent merits and judicial reviews sought by individuals. In 2010, the Australian Government suspended processing of asylum claims by people from Sri Lanka and Afghanistan for three and six months respectively. In 2011, the Malaysia Solution was announced by the Australian Government and subsequently invalidated by the High Court. There w as a large number of people in detention and many remained detained for long periods while a waiting finalisation of their asylum claims and substantive visas to be granted. During this period, the department and its service providers were required to manage day-to-day operations under significant strain, while simultaneously responding to changes in Australian Government policy, increase the available infrastructure and recruit and train large numbers of staff. We recognise that establishing appropriate processes and functions to support detention operations in these circumstances was difficult. The department necessarily had a strong focus on day-to-day logistics and the operational challenges that it was dealing with. In our view however, under this pressure, the department may not have fully appreciated some of the lessons gained from the experience of self-harm in immigration detention in the early 2000s. Issues around infrastructure and service provision – such as the adverse impact of overcrowded and/or remote facilities , and limited meaningful activities on the mental health of those in immigration detention facilities – were not fully addressed . In saying this, we also acknowledge that the department was obliged to respond within the constraints imposed by the law, the Australian Government's immigration policies, and capital funding decisions relating to infrastructure. We note and welcome the considerable efforts that the department has made over the last 18 months to address many of the issues that were apparent in the early part of this investigation. As a result of multiple internal and external reviews, the relevant policies and procedures have been reviewed, realigned and more strongly implemented. Important developments include the efforts to strengthen the Psychological Support Program and the new Programs and Activities Framework. Overall, we believe the department is now in a stronger position in terms of its capacity to manage the immigration detention network and associated risks and issues. However, this investigation has found scope for further improvement, and also identified lessons that can be learned from challenges of the recent past. Details: Canberra: Commonwealth Ombudsman, 2013. 171p. Source: Internet Resource: Report No. 02/2013: Accessed May 25, 2013 at: http://www.ombudsman.gov.au/files/suicide_and_self-harm_in_the_immigration_detention_network.pdf Year: 2013 Country: Australia URL: http://www.ombudsman.gov.au/files/suicide_and_self-harm_in_the_immigration_detention_network.pdf Shelf Number: 128791 Keywords: Illegal ImmigrantsImmigrant Detention (Australia)ImmigrationSuicide |
Author: Lee, Erik Title: The State of the Border Report: A Comprehensive Analysis of the U.S.-Mexico Border Summary: As the debate over immigration reform has brought the management of the U.S.-Mexico border back into the spotlight, this report provides a comprehensive look at the state of affairs in the management of the U.S.-Mexico border and the border region, focusing on four core areas: trade and competitiveness, security, sustainability, and quality of life. The report suggests that rather than consider each issue individually, the interdependent nature of topics like trade and security demand the border be approached from a more holistic perspective. Details: Washington, DC: Mexico Institute, Woodrow Wilson International Center for Scholars, 2013. 174p. Source: Internet Resource: Accessed May 25, 2013 at: http://www.wilsoncenter.org/sites/default/files/mexico_state_of_border.pdf Year: 2013 Country: United States URL: http://www.wilsoncenter.org/sites/default/files/mexico_state_of_border.pdf Shelf Number: 128792 Keywords: Border PatrolBorder Security (U.S., Mexico)Illegal ImmigrantsImmigration |
Author: Capps, Randy Title: A Demographic, Socioeconomic, and Health Coverage Profile of Unauthorized Immigrants in the United States Summary: This issue brief provides all kinds of useful and interesting data about unauthorized immigrants currently living in the U.S. The final section of the brief lays out some of the policy implications of the data they have compiled, both in terms of immigration reform and implementation of the Affordable Care Act. For example, under the immigration reform bill that is currently under consideration in the Senate, unauthorized immigrants who are granted registered provisional status (which would permit them to reside and work here legally) would be ineligible for Medicaid or most other federal benefits. MPI’s data suggests that 71% of unauthorized immigrants (47% of children) are uninsured, and the vast majority of them have incomes that fall below the federal poverty level. So it appear that many RPI status holders would struggle to obtain medical insurance under the Senate bill. Details: Washington, DC: Migration Policy Institute, 2013. 19p. Source: Internet Resource: Issue Brief No. 5: Accessed June 3, 2013 at: http://www.migrationpolicy.org/pubs/CIRbrief-Profile-Unauthorized.pdf Year: 2013 Country: United States URL: http://www.migrationpolicy.org/pubs/CIRbrief-Profile-Unauthorized.pdf Shelf Number: 128924 Keywords: Health CareIllegal Immigrants (U.S.)Immigration |
Author: Strauss, Jack Title: Does Immigration, Particularly Increases in Latinos, Affect African American Wages, Unemployment and Incarceration Rates? Summary: This paper evaluates the impact of immigration on African American wages, unemployment, employment and incarceration rates using a relatively large cross-sectional data-set of 900 cities. An endemic problem potentially plaguing the cross-sectional metro approach to immigration has been endogeneity. Does increased immigration to a city lead to improved economic outcomes, or does a city's improving labor market attract immigrant inflows? The paper focuses on resolving the endogeneity concerns through a variety of controls, statistical methods and tests. Overall, results strongly support one-way causation from increased immigration including Latinos to higher African American wages and lower poverty. Rising immigration including from Latin America is not responsible for higher Black incarceration rates. Details: St. Louis, MO: Saint Louis University - Department of Economics, 2012. 42p. Source: Internet Resource: Accessed June 28, 2013 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2186978 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2186978 Shelf Number: 129195 Keywords: African-Americans (U.S.)EconomicsImmigrants and CrimeImmigration |
Author: Aliverti, Ana Title: Immigration Offences: Trends in Legislation and Criminal and Civil Enforcement Summary: This briefing analyses immigration offences in British immigration and asylum legislation, and trends in legislation and in criminal and civil enforcement against offenders. The briefing deals specifically with violations of the laws governing the UK system of immigration control and with enforcement of those laws in criminal and civil courts. It does not discuss data on crimes committed by migrants that do not involve the immigration system itself, such as thefts committed by migrants. Details: Oxford, UK: The Migration Observatory, University of Oxford, 2013. 11p. Source: Internet Resource: Briefing: Accessed July 11, 2013 at: http://www.migrationobservatory.ox.ac.uk/sites/files/migobs/Briefing%20-%20Immigration%20Offences_0.pdf Year: 2013 Country: United Kingdom URL: http://www.migrationobservatory.ox.ac.uk/sites/files/migobs/Briefing%20-%20Immigration%20Offences_0.pdf Shelf Number: 129370 Keywords: Immigrants and CrimeImmigrationImmigration Control |
Author: Barranco, Raymond E. Title: Latinos, Immigration Policy, and Geographic Diversification: Examining the Effects of Concentrated Poverty, Segregation, and Low-skill Employment on Homicide Summary: This study consists of three separate, yet interrelated analyses - all three examine the effects of Latino immigration. Since the mid-1980s, the pattern of settlement by Latino migrants has changed dramatically. These migrants are now settling in parts of the United States that have never before had significant Latino populations. This has led many to fear an increase in crime. Unfortunately, early explanations of immigration and crime focused on the experience of Eastern European immigrants. Therefore, it has not been clear whether the experience of Latino immigrants could be explained in the same way – especially with some researchers finding that immigrants now lower crime rates. However, most recent research on immigration has failed to analyze any of the new areas of settlement. The first study examines immigration‟s effect on Latino homicide victimization by grouping migrants according to their period of entry into the United States. Results show that immigration has no effect in traditional areas, while only recent immigrant arrivals have an effect in new destinations. Preliminary results from an additional analysis suggest this could be due to changing emigration patterns in Mexico. Since 1990, more Mexican migrants have been coming from states with high levels of violence. The second study attempts to explain the effects of immigration on Latino homicide with various measures of segregation. Given the beneficial nature of ethnic enclaves, it is assumed that contact between Latinos will lower homicide victimization. Results support this hypothesis, showing that Latino-Latino contact has a greater effect on homicide than Latino-White contact. However, the effect of recent immigrants in new destinations cannot be explained away by any of the segregation measures. As noted in the first analysis, a possible explanation is the changing emigration patterns of Mexico. The third and final analysis examines how Latino immigration affects black homicide rates through competition for low-skill employment. Results show that when Latinos gain ground in low-skill employment relative to blacks, black homicide victimization increases. However, the findings apply only to metropolitan and new destination areas. Further analysis reveals that among the low-skill industries, the strongest effects are for Manufacturing/Construction and Services. Details: Baton Rouge: Louisiana State University and Agricultural and Mechanical College, 2011. 132p. Source: Internet Resource: Dissertation: Accessed July 17, 2013 at: http://etd.lsu.edu/docs/available/etd-03112011-110131/unrestricted/RBarranco_Dissertation.pdf Year: 2011 Country: United States URL: http://etd.lsu.edu/docs/available/etd-03112011-110131/unrestricted/RBarranco_Dissertation.pdf Shelf Number: 129430 Keywords: Employment and CrimeHomicidesImmigrationLatino MigrantsLatinos and CrimeSocioeconomic Conditions and CrimeViolent Crime |
Author: Hällsten, Mark Title: Crime as a Price of Inequality? The Delinquency Gap between Children of Immigrants and Children of Native Swedes Summary: We examine the gap in registered crime between the children of immigrants and the children of native Swedes. Our study is the first in Sweden to address the role of family and environmental background in creating the gap in recorded crimes. Lack of resources within the family and/or in the broader social environment, particularly in neighborhoods and schools, generates higher risks for criminal activity in children, and if the children of immigrants to a larger extent are underprivileged in those resources, a gap in crime may occur. In the empirical analyses we follow all individuals who completed compulsory schooling during the period 1990 to 1993 in the Stockholm Metropolitan area (N=66,330), and we analyze how background factors related to the family of origin and neighborhood segregation during adolescence influence the gap in recorded crimes, which are measured in 2005. For males, we are generally able to explain between half and three-quarters of this gap in crime by parental socioeconomic resources and neighborhood segregation. For females, we can explain even more, sometimes the entire gap. Resources in the family of origin appear to be the strongest mediator. In addition, the residual differences are virtually unrelated to immigrants’ country of origin, indicating that ‘culture’ or other shared context-of-exit factors matter very little in generating the gap. Details: Stockholm: The Swedish Institute for Social Research (SOFI), Stockholm University; Linnaeus Center for Integration Studies (SULCIS), Stockholm University, 2011. 51p. Source: Internet Resource: Accessed August 19, 2013 at: http://www.su.se/polopoly_fs/1.55504.1321514493!/SULCISWP_2011_1.pdf Year: 2011 Country: Sweden URL: http://www.su.se/polopoly_fs/1.55504.1321514493!/SULCISWP_2011_1.pdf Shelf Number: 129655 Keywords: Immigrants and Crime (Sweden)ImmigrationJuvenile DelinquencyJuvenile OffendersNeighborhoods and CrimeSocioeconomic Conditions and Crime |
Author: Watson, Tara Title: Enforcement and Immigrant Location Choice Summary: This paper investigates the effect of local immigration enforcement regimes on the migration decisions of the foreign-born. Specifically, the analysis uses individual-level American Community Survey data to examine the effect of recent 287(g) agreements, which allow state and local law enforcement agencies to enforce Federal immigration law. The results suggest that one type of 287(g) agreement - the controversial local "task force" model emphasizing street enforcement - nearly doubles the propensity for the foreign-born to relocate within the United States. The largest effects are observed among non-citizens with at least some college education, suggesting that 287(g) policies may be missing their intended targets. No similar effect is found for the native-born. After the extreme case of Maricopa County is excluded, there is no evidence that local enforcement causes the foreign-born to exit the United States or deters their entry from abroad or from elsewhere in the United States. Rather, 287(g) task force agreements encourage the foreign-born to move to a new Census division or region within the United States. Details: Boston: Federal Reserve Bank of Boston, 2013. 34p. Source: Internet Resource: Working Paper: Accessed November 11, 2013 at: http://www.bostonfed.org/economic/wp/wp2013/wp1310.pdf Year: 2013 Country: United States URL: http://www.bostonfed.org/economic/wp/wp2013/wp1310.pdf Shelf Number: 131621 Keywords: ImmigrationImmigration (U.S.) Immigration Enforcement |
Author: Flynn, Michael Title: The Hidden Costs of Human Rights: The Case of immigration Detention Summary: Many liberal democracies betray a noticeable discomfort when it comes to public scrutiny of immigration detention, neglecting to release comprehensive statistics about it, cloaking detention practices in misleading names and phrases, and carefully choosing which activities they define as deprivation of liberty. On the other hand, these same countries have laboured to expand their detention activities and to encourage their neighbours to do the same. What explains this simultaneous reticence towards and embrace of immigration detention? This Global Detention Project working paper argues that a largely unrecognized variable influencing the evolution of immigration detention has been the promotion of some key human rights norms, which has helped spur states to adopt new institutions dedicated to this practice while at the same time prompting them to shift the burden of global migration to countries on the periphery of the international system. Details: Geneva, Switzerland: Global Detention Project, Programme for the Study of Global Migration, Graduate Institute of International and Development Studies, 2013. 13p. Source: Internet Resource: Global Detention Project Working Paper No. 7: Accessed November 13, 2013 at: http://www.globaldetentionproject.org/fileadmin/publications/Flynn_Hidden_Costs.pdf Year: 2013 Country: International URL: http://www.globaldetentionproject.org/fileadmin/publications/Flynn_Hidden_Costs.pdf Shelf Number: 131647 Keywords: Illegal Aliens Immigrant Detention Immigrants Immigration |
Author: Males, Mike Title: Are Immigration Detainer Practices Rational? Summary: As public safety resources become more limited, justice administrators across California have begun to scrutinize the wisdom of immigration detainer programs (Gascon, 2013). Holding people in local jails for federal civil immigration purposes occupies valuable resources that could be used to address violent and serious criminal activity. Instead, these detainers are often enforced against people with minimal and nonviolent criminal histories without the due process afforded them under the criminal justice system. CJCJ has produced several publications analyzing data on California's ICE hold requests from October 2009 to February 2013. The series demonstrated that many ICE holds were being requested for people with no documented criminal histories or who were arrested for low priority marijuana offenses (CJCJ, 2013, 2013a). CJCJ has suggested limiting county compliance with these requests in order to better manage already strained jail capacities (CJCJ, 2013b). Additionally, ICE continues to request holds for individuals detained in youth detention facilities despite the de-prioritization of immigration enforcement for youth (CJCJ, 2013c). The cost of incarceration is high, averaging $114 per day per person in California jails (BSCC, 2012). Therefore, best correctional practices differentiate between low-risk and high-risk offenders and place them in the least restrictive settings necessary to protect public safety. Similarly, immigration enforcement and detention under the Secure Communities Program "prioritizes the removal of criminal aliens, those who pose a threat to public safety, and repeat immigration violators" (ICE, 2013). This final publication in the series examines a sample of the data set to determine whether stated criminal justice and immigration priorities are upheld in the practice of detaining suspected undocumented immigrants who have committed criminal offenses. Both systems have expressly stated the need to reserve custodial resources only for those who pose a danger to public safety. Details: San Francisco: Center on Juvenile and Criminal Justice, 2013. 9p. Source: Internet Resource: Accessed January 31, 2014 at: http://www.cjcj.org/uploads/cjcj/documents/are_immigration_detainer_practices_rational_final.pdf Year: 2013 Country: United States URL: http://www.cjcj.org/uploads/cjcj/documents/are_immigration_detainer_practices_rational_final.pdf Shelf Number: 131818 Keywords: Illegal ImmigrantsImmigrant DetentionImmigrationImmigration Enforcement |
Author: Anderson, Victoria Title: Second Chances for All. Why Orange County Probation Should Stop Choosing Deportation Over Rehabilitation for Immigrant youth Summary: In recent years, the Orange County Probation Department (OCPD) has adopted a policy of referring immigrant children in its care to U.S. Immigration and Customs Enforcement (ICE). In so doing, OCPD has violated confidentiality laws, undermined the rehabilitative goals of the juvenile justice system, impeded community policing efforts, unlawfully entangled its officers in federal immigration enforcement, and diverted county resources. This report was undertaken by the UC Irvine School of Law Immigrant Rights Clinic to analyze OCPD's referral policy, document some of these harms, and recommend possible solutions to address those harms. As a result of OCPD's referral policy, Orange County has led the state in juvenile immigration referrals. From December 2010 to November 2012, the OCPD Procedure Manual instructed probation officers to proactively investigate the immigration status of youth and granted OCPD's ICE Liaison Officer discretion to refer practically any child with "questionable immigration status" to ICE. Pursuant to this policy, OCPD referred approximately 170 youth to immigration authorities in the year 2011 alone. Between October 1, 2009 and February 10, 2013, ICE issued immigration detainer requests for numerous youth detained in Orange County Juvenile Hall; Orange County accounted for approximately 43% of all ICE detainer requests issued to juvenile facilities in the state. In November 2012, OCPD revised its referral policy; however, key problematic aspects of the policy were left unchanged. In the months following the policy change, OCPD has made a steady, if reduced, number of referrals. Approximately 24 youth were referred between December 2012 and September 2013. OCPD's referral policy violates state confidentiality law and undermines OCPD's mission to rehabilitate juveniles. The policy violates California Welfare and Institutions Code Section 827, which strictly limits access to juvenile case files, by requiring employees to provide ICE with "all pertinent information" to assist ICE's investigation of referred juveniles. Juvenile referrals also cause both children and their families to distrust the probation department, hindering cooperation necessary for rehabilitation. Furthermore, many juveniles referred to ICE are detained in federal custody for an indefinite period awaiting immigration court proceedings, separating them from their families and subjecting them to physical and mental hardships that increase their risk of recidivism. In cases where children are deported, they experience long-term separation from family and friends, and may be left to fend for themselves in countries where they have no support system. Juvenile referrals do not benefit public safety, and may even hinder policing efforts. Studies have repeatedly found that immigration status does not shape future delinquency. Also, OCPD's own studies indicate that as few as 8% of youth who come into contact with OCPD qualify as "chronic recidivists." Thus, targeting immigrant youth for deportation is unlikely to make Orange County safer. In fact, juvenile referrals can harm public safety because they foster distrust between immigrant communities and local police generally. Surveys show that approximately 44% of Latinos are less likely to contact police officers when they fear police officers will investigate their immigration status or that of their loved ones. OCPD's involvement in federal immigration enforcement exceeds its authority under the Constitution and can lead to illegal detention, deportation, and profiling. Under the Constitution, immigration status may only be determined by federal officers and classified according to federal standards, but OCPD's referral policy directs county officers to independently ascertain juveniles' immigration status, according to a local scheme inconsistent with federal standards. The Constitution also guarantees juveniles the right to be free from unlawful detention, but the referral policy violates that right with its blanket directive to detain juveniles subject to ICE detainers for up to five days past their scheduled release dates. Furthermore, officers untrained in the complexities of immigration status are likely to rely on apparent race and ethnicity in selecting juveniles for immigration investigations, exacerbating risks of illegal racial profiling. Finally, OCPD officers may erroneously refer U.S. citizens or other lawfully present youth to ICE, potentially leading to their unlawful detention and deportation. OCPD's referral policy involves the unnecessary expenditure of county resources to subsidize federal immigration enforcement. OCPD employees - including a dedicated ICE Liaison - spend time on the county payroll investigating juveniles' immigration status and communicating with ICE, and the county incurs additional detention costs when OCPD denies out-of-home placement to juveniles subject to ICE detainers and detains such juveniles past their release dates. Further costs may result from lawsuits filed by those affected by OCPD's referral policy or by civil rights organizations, challenging violations of confidentiality laws, the detention of juveniles on the basis of ICE detainers, racial profiling by OCPD officers, or the erroneous referral and resulting detention or deportation of lawfully present juveniles. Details: Irvine, CA: University of California Irvine, School of Law, immigrant Rights Clinic, 2013. 50p. Source: Internet Resource: Accessed March 12, 2014 at: http://www.law.uci.edu/academics/real-life-learning/clinics/UCILaw_SecondChances_dec2013.pdf Year: 2013 Country: United States URL: http://www.law.uci.edu/academics/real-life-learning/clinics/UCILaw_SecondChances_dec2013.pdf Shelf Number: 131887 Keywords: DeportationIllegal ImmigrantsImmigrant DetentionImmigrant EnforcementImmigrationJuvenile DetentionJuvenile OffendersJuvenile ProbationRehabilitation |
Author: Vanderbruggen, Maaike Title: Point of No Return: The Futile Detention of Unreturnable Migrants Summary: This paper is an outcome of the awareness-raising project "A Face to the Story: The issue of unreturnable migrants in detention", which has been made possible by the support of EPIM, the European Programme on Integration and Migration. The project runs from September 2012 to February 2014, and involves qualitative research based on the stories of 39 unreturnable migrants with experiences of detention in Belgium, France, Hungary or the United Kingdom. The report is the result of a collaboration of Flemish Refugee Action (Belgium), Detention Action (UK), France terre d'asile (France), Menedek - Hungarian Association for Migrants, and The European Council on Refugees and Exiles (ECRE), which aims to increase public debate on the detention of unreturnable migrants and to put pressure on governments to use detention only as a last resort. With this report and the related campaign, we hope to increase momentum amongst policy-makers at national and EU levels to reduce detention and find solutions for unreturnable migrants. Besides informing decision-makers, this report is also intended to stimulate civil societies to give special attention to this group of migrants, who are often living under the radar. Details: Point of No Return, 2014. 102p. Source: Internet Resource: Accessed April 24, 2014 at: http://www.vluchtelingenwerk.be/bestanden/publicaties/PONR_report.pdf Year: 2014 Country: Europe URL: http://www.vluchtelingenwerk.be/bestanden/publicaties/PONR_report.pdf Shelf Number: 132169 Keywords: Illegal ImmigrantsImmigrant DetentionImmigration |
Author: Rosenblum, Marc R. Title: The Deportation Dilemma: Reconciling Tough and Humane Enforcement Summary: The United States has deported a record number of unauthorized immigrants and other removable noncitizens in recent years. More than 4.5 million noncitizens have been removed since Congress passed sweeping legislation in 1996 to toughen the nation's immigration enforcement system. The pace of formal removals has quickened tremendously, rising from about 70,000 in 1996 to 419,000 in 2012. This report analyzes the current pipelines for removal and key trends in border and interior apprehensions, deportations and criminal prosecutions. With the Department of Homeland Security (DHS) in the midst of a review of its deportation policies to see if they can be conducted "more humanely," the report also examines the policy levers the Obama administration has to influence deportation policies, practices and results. Using Department of Homeland Security and Immigration and Naturalization Service data, the authors identify striking trends in the deportation system since 1996: - A fundamental shift from a deportation system focused on informal returns (voluntary return and departure) to one focused on formal removals, which have more severe consequences for those who are repatriated. - Major expansion in the use of nonjudicial removal procedures such as expedited removal and reinstatement of removal, in which immigration enforcement officers rather than immigration judges make deportation decisions. - Escalating criminalization, with a rising proportion of those apprehended at the Southwest border charged with immigration-related criminal offenses. The report explains that three factors have been the key drivers of major changes in deportation outcomes during the last two decades: new laws that expand the grounds for removal and speed the removals process; sizeable and sustained increases in immigration enforcement personnel, infrastructure, and technology; and operational and policy decisions by three successive administrations to shape enforcement outcomes. The report describes the actual state of U.S. immigration enforcement: Who is being deported and where and how are they being apprehended? It also explores how the current administration is carrying out its enforcement mandates. The Obama administration inherited - and expanded upon - unprecedented capacity to identify, apprehend, and deport unauthorized immigrants. Nearly as many people were formally deported during the first five years of the current administration (over 1.9 million) as during the entire eight years of the prior administration (2.0 million). What is new is that the Obama administration also has implemented prosecutorial discretion policies to focus enforcement efforts, even as the overall scope of enforcement has grown. These policies provide guidelines for exercising discretion not to deport certain people in cases that are outside established priority categories. Overall, enforcement at the border and within the United States show sharply different pictures. At the border, there is a near zero-tolerance system, where unauthorized immigrants are increasingly subject to formal removal and criminal charges. Within the country, there is greater flexibility, with priorities and resources focused on a smaller share of the population subject to removal. Such differences are consistent with the different goals and circumstances confronting border and interior enforcement. But the impacts of these differing systems have begun to converge, raising increasingly complex questions and choices for policymakers and the public. The research presented here highlights the deportation dilemma: that more humane enforcement is fundamentally in tension with stricter immigration control; and that a more robust enforcement system inevitably inflicts damage on established families and communities. Details: Washington, DC: Migration Policy Institute, 2014. Source: Internet Resource: Accessed May 3, 2014 at: http://www.migrationpolicy.org/research/deportation-dilemma-reconciling-tough-humane-enforcement Year: 2014 Country: United States URL: http://www.migrationpolicy.org/research/deportation-dilemma-reconciling-tough-humane-enforcement Shelf Number: 132208 Keywords: DeportationIllegal ImmigrantsImmigrationImmigration EnforcementUndocumented Immigrants |
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: United Nations Inter-Agency Project on Human Trafficking Title: Human Trafficking Sentinel Surveillance. Viet Nam - China Border 2010. Lang Son | Lao Cai | Quang Ninh Summary: The Mekong region contains diverse patterns of human trafficking. They are both internal and crossborder, highly organized and small-scale, involving sex, labour or marriage through both formal and informal recruitment mechanisms, and can involve men, women, boys, girls and entire families. China is a key destination country for victims of human trafficking from Viet Nam. Due to the underground nature of sex, labour, and marriage trafficking, it is hard to estimate the prevalence of human trafficking in either country, though one 2010 estimate from the Viet Nam Ministry of Public Security estimates that 60 percent of Vietnamese trafficking cases involves trafficking to China. The aim of UNIAP's sentinel surveillance is to assess the situation of Vietnamese deportees being returned from China and, using this information, map trafficking trends and patterns; establish types and profiles of cross-border trafficking victims; and document how brokers and traffickers operate to put Vietnamese in exploitative situations. Through the latter half of 2010, UNIAP researchers were deployed to Lang Son, Lao Cai, and Quang Ninh international border checkpoints to conduct site surveys and structured, indepth interviews with a non-representative sample of 93 male and female Vietnamese citizens deported from China. The research uncovered undocumented labour migration that sometimes involved human trafficking, and sometimes did not. The majority of the 93 deportees were, in fact, undocumented labour migrants who were deported due to immigration violations, and who had not been exploited or abused. However, 20.5 percent of the cases were likely human trafficking cases, including labour, marriage, and sex trafficking. There were also proactively intercepted cases that both Vietnamese and Chinese police identified as possible sex or marriage trafficking, where the likely victim was saved before being entered into an exploitative situation. Due to a variety of factors, including logistical factors related to difficulty in accessing the appropriate checkpoint in time given little advance notice, the sample of 93 deportees does not constitute a representative sample. However, since so little research has been conducted systematically examining Viet Nam-China trafficking into sex, marriage, and labour, these cases are examined with more emphasis on rich qualitative description of vulnerability, exploitation, and trafficking, supplemented with quantitative analysis. The beginning of this report begins with two case studies - one marriage trafficking case and one sex trafficking case - to illustrate the details of the broker-trafficker networks, extent of exploitation and perspectives of victims right from the start. There are six key recommendations proposed, based on the seven key findings from this round of sentinel surveillance. Recommendations for addressing risk factors among vulnerable populations are proposed for trafficking prevention and safe migration policy, as well as outreach and community-based work, primarily on the Viet Nam side but also where exploited Vietnamese are in China. Examining broker-trafficker networks and the exploitative employers, families, and brothels they feed aims to support a stronger investigative and protective response on both the Viet Nam and China sides, and to this end recommendations for where to target labour, marriage, and sex trafficking rings are also provided. Identifying knowledge and skill gaps in both government and non-government personnel working in antihuman trafficking and immigration control aims to help target capacity building and reduce mistreatment of trafficking victims thought to be immigration violators and thus criminals. Details: Bangkok: United Nations Inter-Agency Project on Human Trafficking, 2011. 84p. Source: Internet Resource: Accessed May 10, 2014 at: http://www.no-trafficking.org/reports_docs/siren/SentinelVTNCHN.pdf Year: 2011 Country: Asia URL: http://www.no-trafficking.org/reports_docs/siren/SentinelVTNCHN.pdf Shelf Number: 132315 Keywords: Criminal NetworksHuman TraffickingImmigrationLabor TraffickingSex Trafficking |
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: Manuel, Kate M. Title: Immigration Detainers: Legal Issues Summary: An "immigration detainer" is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. However, the nationwide implementation of the Secure Communities program between 2008 and 2013 has prompted numerous questions about detainers. This program relies upon information sharing between various levels and agencies of government to identify potentially removable aliens. Detainers may then be issued for these aliens. Prior to 1986, the Immigration and Nationality Act (INA) did not explicitly address detainers, and the INS appears to have issued detainers pursuant to its "general authority" to guard U.S. borders and boundaries against the illegal entry of aliens, among other things. However, in 1986, Congress amended the INA to address the issuance of detainers for aliens arrested for controlled substance offenses. After the 1986 amendments, INS promulgated two regulations, one addressing the issuance of detainers for controlled substance offenses and the other addressing detainers for other offenses. These regulations were merged in 1997 and currently address various topics, including who may issue detainers and the temporary detention of aliens by other law enforcement agencies. There is also a standard detainer form (Form I-247) that allows ICE to indicate that it has taken actions that could lead to the alien's removal, and request that another agency take actions that could facilitate such removal (e.g., notify ICE before the alien's release). Some commentators and advocates for immigrants' rights have asserted that, because the INA addresses only detainers for controlled substance offenses, ICE's detainer regulations and practices are beyond its statutory authority insofar as detainers are used for other offenses. A federal district court in California found otherwise in its 2009 decision in Committee for Immigrant Rights of Sonoma County v. County of Sonoma. However, subsequent litigation has raised the issue anew in other jurisdictions. Some have also suggested that a federal regulation - which provides that law enforcement agencies receiving immigration detainers "shall maintain custody of the alien for a period [generally] not to exceed 48 hours" - means that states and localities are required to hold aliens for ICE. Prior versions of Form I-247 may also have been construed as requiring compliance with detainers. However, in its recent decision in Galarza v. Szalczyk, the U.S. Court of Appeals for the Third Circuit rejected this view. Instead, it adopted the same interpretation of the regulation that DHS has advanced, construing it as prescribing the maximum period of any detention pursuant to a detainer, rather than mandating detention. However, district courts in other jurisdictions have indicated that they view the regulation as requiring states and localities to hold aliens for ICE. In addition, questions have been raised about who has custody of aliens subject to detainers, and whether the detainer practices of state, local, and/or federal governments impinge upon aliens' constitutional rights. Answers to these questions may depend upon the facts and circumstances of particular cases. For example, courts have found that the filing of a detainer, in itself, does not result in an alien being in federal custody, although aliens could be found to be in federal custody if they are subject to final orders of removal. Similarly, courts may be less likely to find that the issuance of a particular detainer violates an alien's constitutional rights if a warrant of arrest in removal proceedings is attached to the detainer, than if the alien is held after he or she would have been released because ICE has reason to believe he or she is removable. Details: Washington, DC: Congressional Research Service, 2014. 30p. Source: Internet Resource: R42690: Accessed May 15, 2014 at: https://www.fas.org/sgp/crs/homesec/R42690.pdf Year: 2014 Country: United States URL: https://www.fas.org/sgp/crs/homesec/R42690.pdf Shelf Number: 132374 Keywords: Illegal AliensImmigrant DetentionImmigrants and CrimeImmigrationUndocumented Immigrants |
Author: Bruno, Andorra Title: Unauthorized Aliens in the United States: Policy Discussion Summary: The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation. It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population and other methods. These estimates can help inform possible policy options to address the unauthorized alien population. Both the Department of Homeland Security (DHS) and the Pew Research Center estimate that approximately 11.5 million unauthorized aliens were living in the United States in January 2011. DHS further estimates that there were some 11.4 unauthorized residents in January 2012. Pew has released a preliminary estimate of 11.7 million for the March 2012 unauthorized resident population. The Immigration and Nationality Act (INA) and other federal laws place various restrictions on unauthorized aliens. In general, they have no legal right to live or work in the United States and are subject to removal from the country. At the same time, the INA provides limited avenues for certain unauthorized aliens to obtain legal permanent residence. Over the years, a range of options has been offered for addressing the unauthorized resident population. In most cases, the ultimate goal is to reduce the number of aliens in the United States who lack legal status. One set of options centers on requiring or encouraging unauthorized immigrants to depart the country. Those who support this approach argue that these aliens are in the United States in violation of the law and that their presence variously threatens social order, national security, and economic prosperity. One departure strategy is to locate and deport unauthorized aliens from the United States. Another departure strategy, known as attrition through enforcement, seeks to significantly reduce the size of the unauthorized population by across-the board enforcement of immigration laws. One of the basic tenets of the departure approach is that unauthorized immigrants in the United States should not be granted benefits. An opposing strategy would grant qualifying unauthorized residents various benefits, including an opportunity to obtain legal status. Supporters of this type of approach do not characterize unauthorized immigrants in the United States as lawbreakers, but rather as contributors to the economy and society at large. A variety of proposals have been put forth over the years to grant some type of legal status to some portion of the unauthorized population. Some of these options would use existing mechanisms under immigration law to grant legal status. Others would establish new legalization programs. Some would benefit a particular subset of the unauthorized population, such as students or agricultural workers, while others would make relief available more broadly. Details: Washington, DC: Congressional Research Service, 2014. 21p. Source: Internet Resource: Accessed May 29, 2014 at: http://www.fas.org/sgp/crs/homesec/R41207.pdf Year: 2014 Country: United States URL: http://www.fas.org/sgp/crs/homesec/R41207.pdf Shelf Number: 132399 Keywords: Illegal Aliens (U.S.)Illegal ImmigrantsImmigration |
Author: Australian Human Rights Commission Title: National Inquiry into Children in Immigration Detention 2014: Discussion Paper Summary: The purpose of this inquiry is to investigate the ways in which life in immigration detention affects the health, well-being and development of children. The inquiry will assess the impact on children by seeking the views of people who were previously detained as children in closed immigration detention and by assessing the current circumstances and responses of children to immigration detention. Ten years ago the Australian Human Rights Commission released A last resort? the report of the National Inquiry into Children in Immigration Detention (National Inquiry). The National Inquiry found that Australia's system of mandatory immigration detention of children was fundamentally inconsistent with Australia's human rights obligations. The National Inquiry also found that children in immigration detention for long periods of time are at high risk of serious mental harm. Since the National Inquiry there have been significant positive developments including the removal of children from high security Immigration Detention Centres, the creation of the Community Detention system and the use of bridging visas for asylum seekers who arrive by boat. Today, however there are approximately 1,000 children in closed immigration detention. This is a higher number than at any point during the period covered by the last inquiry, and the Commission's monitoring work reveals that key concerns remain. With this increase in child detainees, it is time to look at this issue again. This inquiry will be able to discover what has changed in the ten years since the last investigation, and find out whether Australia is meeting its obligations under the Convention on the Rights of the Child. The benefit of a national inquiry is that it gives a voice to children and families who are directly affected by detention. It also allows professionals, experts and others to have a voice through public hearings and submissions. Details: Sydney: Australian Human Rights Commission, 2014. 7p. Source: Internet Resource: Accessed June 4, 2014 at https://www.humanrights.gov.au/sites/default/files/document/publication/Children_Detention2014_Discussion_paperFINAL.pdf Year: 2014 Country: Australia URL: https://www.humanrights.gov.au/sites/default/files/document/publication/Children_Detention2014_Discussion_paperFINAL.pdf Shelf Number: 132412 Keywords: Immigrant Detention (Australia)Immigrant Detention, JuvenilesImmigration |
Author: Lyneham, Samantha Title: Human Trafficking Involving Marriage and Partner Migration to Australia Summary: In this report, what is known about human trafficking involving marriage and partner migration to Australia is described, drawing on primary information obtained from victim/survivor testimonies, stakeholder knowledge and expertise, and reported cases that progressed through the Australian justice system. While past research has focused on commercial labour and sexual exploitation, this report draws attention to trafficking that can occur in non-commercial contexts. Although forced marriage has increasingly gained attention over the past three years and a small number of legal proceedings have substantiated attempted or actual cases of forced marriage involving girls and young women, less attention has been paid to the exploitation of migrant brides in other ways. This research is the first in Australia to confirm that marriage has been used to recruit or attract women to Australia for the purposes of exploitation as domestic servants, to provide private or commercial sexual services and/or to be exploited in the home as wives. The lack of data and information on human trafficking generally, and on human trafficking involving marriage and partner migration specifically, has implications for the way the problem is conceptualised, measured and responded to. While current knowledge in related areas, such as violence against women in general, violence against migrant spouses, domestic violence and sexual violence, can provide information on the context and environment in which human trafficking involving intimate partner relationships can occur, this research provides the first evidence of this form of human trafficking in Australia. Although exploratory in nature, this research makes a significant contribution to the limited body of knowledge on exploitative marriages in the context of human trafficking, providing an initial insight into the nature of this crime. Further, more detailed assessment, is required to understand the extent of the problem and to inform prevention, detection and enforcement strategies. Details: Canberra: Australian Institute of Criminology, 2014. 83p. Source: Internet Resource: Research and Public Policy Series no. 124: Accessed June 14, 2014 at: http://aic.gov.au/media_library/publications/rpp/124/rpp124.pdf Year: 2014 Country: Australia URL: http://aic.gov.au/media_library/publications/rpp/124/rpp124.pdf Shelf Number: 132457 Keywords: Human Trafficking (Australia)ImmigrationMarriageMigrant BridesMigrant VictimsSex IndustrySlavery |
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: Seghetti, Lisa Title: Unaccompanied Alien Children: An Overview Summary: The number of unaccompanied alien children (UAC) arriving in the United States has reached alarming numbers that has strain the system put in place over the past decade to handle such cases. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who are without a parent or legal guardian in the United States or no parent or legal guardian in the United States is available to provide care and physical custody. Two statutes and a legal settlement most directly affect U.S. policy for the treatment and administrative processing of UAC: the Flores Settlement Agreement of 1997; the Homeland Security Act of 2002; and the Trafficking Victims Protection Reauthorization Act of 2008. Several agencies in the Department of Homeland Security (DHS) and the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) share responsibilities for the processing, treatment, and placement of UAC. DHS Customs and Border Protection apprehends and detains UAC arrested at the border while Immigration and Customs Enforcement (ICE) handles the transfer and repatriation responsibilities. ICE also apprehends UAC in the interior of the country and is responsible for representing the government in removal proceedings. HHS is responsible for coordinating and implementing the care and placement of UAC in appropriate custody. Four countries account for almost all of the UAC cases (El Salvador, Guatemala, Honduras, and Mexico) and much of the recent increase has come from El Salvador, Guatemala, and Honduras. In FY2009, Mexican UAC accounted for 82% of 19,668 UAC apprehensions, while the other three Central American countries accounted for 17%. By the first eight months of FY2014, the proportions had almost reversed, with Mexican UAC comprising only 25% of the 47,017 UAC apprehensions, and UAC from the three Central American countries comprising 73%. Both the Administration and Congress have begun to take action to respond to the surge in UAC coming across the border. The Administration has developed a working group to coordinate the efforts of the various agencies involved in responding to the issue. It also has opened additional shelters and holding facilities to accommodate the large number of UAC apprehended at the border. The Administration has also announced plans to provide funding to the affected Central American countries for a variety of programs and security-related initiatives. Relatedly, Congress is considering funding increases for HHS and DHS. Details: Washington, DC: Congressional Research Service, 2014. 17p. Source: Internet Resource: R43599: Accessed July 1, 2014 at: http://fas.org/sgp/crs/homesec/R43599.pdf Year: 2014 Country: United States URL: http://fas.org/sgp/crs/homesec/R43599.pdf Shelf Number: 132583 Keywords: Border SecurityIllegal ImmigrantsImmigrationUnaccompanied Alien ChildrenUndocumented AliensUndocumented Children |
Author: European Union Agency for Fundamental Rights (FRA) Title: Criminalisation of Migrants in an Irregular Situation and of Persons Engaging with Them Summary: This paper examines the sanctions applied to counteract irregular migration, building on previous work by the European Union Agency for Fundamental Rights (FRA) on the rights of migrants in an irregular situation. It looks first at the punishments used for irregular entry or stay, when persons enter or stay in a territory although they are not authorised to do so. It examines, in particular, the custodial penalties for irregular entry or stay for persons to whom the safeguards of the EU Return Directive should apply. It then examines the risk that those who help such migrants or rent out accommodation to them are punished for smuggling human beings, or facilitating their entry or stay. The paper compares EU Member States' legislation and case law in this field, analysing the findings in light of relevant EU law. Based on this analysis, the paper proposes changes to policies against the smuggling of human beings, to render them more sensitive to fundamental rights. Details: Vienna: FRA (European Union Agency for Fundamental Rights), 2014. Source: Internet Resource: Accessed July 19, 2014 at: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Year: 2014 Country: Europe URL: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Shelf Number: 132718 Keywords: Human RightsHuman SmugglingIllegal MigrantsImmigrationImmigration EnforcementMigrants |
Author: Human Rights Watch Title: Containment Plan: Bulgaria's Pushbacks and Detention of Syrian and Other Asylum Seekers and Migrants Summary: Since the Bulgarian government announced a plan in early November 2013 to contain and reduce the number of asylum seekers and other migrants irregularly crossing the border with Turkey, Bulgarian authorities have systematically prevented Syrians, Afghans, and other undocumented people from entering Bulgaria to lodge asylum claims. Refugees, asylum seekers, and migrants gave Human Rights Watch detailed accounts of 44 incidents involving at least 519 people in which Bulgarian border police apprehended and summarily returned them to Turkey without proper procedures and with no opportunity to lodge asylum claims, often using excessive force. Containment Plan also documents Bulgaria's failure to provide new arrivals with basic humanitarian assistance in 2013 such as adequate food and shelter, the brutal conditions of detention, inadequacies in Bulgaria's asylum procedures, shortfalls in its treatment of unaccompanied migrant children, and failure to support and integrate recognized refugees. With the help of the European Union, the humanitarian situation in Bulgaria has improved in 2014, but this coincides with the implementation of the pushback policy and a drop in arrivals of new asylum seekers. This suggests that those fortunate enough to have entered before the door was slammed will now be treated decently, but the rest will face a closed door. Containment Plan calls on the Bulgarian government to end summary expulsions at the Turkish border and to stop the excessive use of force by border guards. It also calls on the Bulgarian government to improve the treatment of detainees and detention conditions in police stations and migrant detention centers. Details: New York: HRW, 2014. 84p. Source: Internet Resource: Accessed July 22, 2014 at: http://www.hrw.org/sites/default/files/reports/bulgaria0414_ForUpload_0.pdf Year: 2014 Country: Bulgaria URL: http://www.hrw.org/sites/default/files/reports/bulgaria0414_ForUpload_0.pdf Shelf Number: 132731 Keywords: Asylum SeekersBorder SecurityHuman Rights AbusesImmigrant DetentionImmigrants (Bulgaria)Immigration |
Author: End Immigrant Detention Network Title: Indefinite, Arbitrary and Unfair: The Truth About Immigration Detention in Canada Summary: Today, more migrants enter Canada on temporary permits than as permanent residents. Though this has been the case with economic immigrants versus migrant workers since 1993, Canadian policies over the last decade have accelerated this trend. The Federal skilled workers program is limited to 50 occupations requiring advanced degrees (an increase from 24 since April 2014), along with years of work experience. As a result, most low-income and racialized migrants can only come to Canada under various categories of the Temporary Foreign Workers Program (TFWP). The move from permanent status towards temporary status is occurring in all aspects of the immigration system. Today, many parents and grandparents enter Canada as temporary migrants under the so-called 'Super Visa' - and only if strict income requirements are met. Many spouses and common-law partners arrive in Canada with "conditional" permanent residence, which is a temporary permit that may force some women to remain in abusive situations rather than risk revocation of status on separation. Refugee applications have dropped in half just over the last year. All of these changes disproportionately impact women, and low-income and racialized families. The Federal government has enacted increasingly harsh measures to remove people's permanent residence, particularly from those who have already served a sentence for a crime, resulting in a 'double punishment'. In the last few years, over 3,000 people have had their citizenship revoked. With more people in Canada in precarious immigration status, many migrants have to choose between living without full status in Canada or returning to places they may not want or be able to return. As a result, there are approximately 500,0005 undocumented migrants in Canada, while an unknown number of migrants on temporary visas are also engaged in unauthorized work. The legislated shift towards temporariness has been accompanied by an increase in immigration enforcement. As more people lose immigration status and become undocumented, immigration detention and deportation grows at an unprecedented rate. The Canada Border Services Agency (CBSA), established in December 2003, and overseen by the Ministry of Public Safety has seen its immigration enforcement budget balloon in recent years, rising from $91 million in 2010-2011, to over $198 million in 2012-2013. Though latest data on specific expenditure on immigration detention is not available, in 2008-09, when CBSA enforcement budget was $92 million, immigration detention costs were $45.7million. In 2009, immigration detention cost an average of $3,185 per detained case. In the same year, CBSA was paying between $120 and $207 to jail migrants in provincial facilities per day. By mid-2013, approximately 80,000 immigrants had been detained under the current government. In 2013 alone, between 7,373 and 9,932 immigrants spent a total of 183,928 days in immigration hold. This is a combined total of 504 years in prison. Over the past seven years, the number of detained children has fluctuated between 807 children per year in 2008 to 205 in 2013. The actual number is higher as many children are not tracked as detainees but as "accompanying their parents," or are themselves Canadian citizens and thus "not subject to" immigration detention. Advocates point to the particularly severe impacts of incarceration on women and mothers due to the lack of medical facilities for pregnancies and neo-natal care. Migrants in detention thus include those facing deportation; children 'accompanying' their parents; migrant workers who have acted outside the terms of their visas; detention upon arrival in Canada while applications are processed; those held on security grounds such as the Security Certificate detainees and others. Details: s.l.: End Immigration Detention Network, 2014. 40p. Source: Internet Resource: Accessed July 28, 2014 at: www.truthaboutdetention.com Year: 2014 Country: Canada URL: www.truthaboutdetention.com Shelf Number: 132792 Keywords: Immigrant DetentionImmigrants (Canada)ImmigrationImmigration EnforcementRefugees |
Author: Restrepo, Dan Title: The Surge of Unaccompanied Children from Central America. Root Causes and Policy Solutions Summary: Over the past few years, and in particular over the past few months, the number of children and families leaving the Central American countries of El Salvador, Guatemala, and Honduras and arriving in neighboring countries and at our southern border has grown significantly. Already in fiscal year 2014, more than 57,000 children have arrived in the United States, double the number who made it to the U.S. southern border in FY 2013. The number of families arriving at the border, consisting mostly of mothers with infants and toddlers, has increased in similar proportions. In fiscal year 2013, the U.S. Department of Homeland Security, or DHS, apprehended fewer than 10,000 families per year; yet, more than 55,000 families were apprehended in the first nine months of fiscal year 2014 alone. The majority of unaccompanied children and families who are arriving come from a region of Central America known as the "Northern Triangle," where high rates of violence and homicide have prevailed in recent years and economic opportunity is increasingly hard to come by. Officials believe a total of at least 90,000 children will arrive on the U.S.-Mexico border by the end of this fiscal year in September. This brief aims to shed light on this complex situation by putting the numbers of people leaving the Northern Triangle into context; analyzing the broad host of drivers in Central America that have caused a significant uptick in children leaving their countries; and prescribing a series of foreign policy steps to facilitate management of this crisis and also to address the long-term root causes pushing these children to flee their home countries. This brief, however, does not delve into the needed domestic policy changes in the areas of immigration and refugee law. Details: Washington, DC: Center for American Progress, 2014. 16p. Source: Internet Resource: Accessed July 29, 2014 at: http://cdn.americanprogress.org/wp-content/uploads/2014/07/CentAmerChildren3.pdf Year: 2014 Country: United States URL: http://cdn.americanprogress.org/wp-content/uploads/2014/07/CentAmerChildren3.pdf Shelf Number: 132808 Keywords: Asylum SeekersChild Protection ImmigrationUndocumented Children Undocumented Immigrants |
Author: Seghetti, Lisa Title: Border Security: Immigration Inspections at Port of Entry Summary: About 362 million travelers (citizens and non-citizens) entered the United States in FY2013, including about 102 million air passengers and crew, 18 million sea passengers and crew, and 242 million incoming land travelers. At the same time about 205,000 aliens were denied admission at ports of entry (POEs); and about 24,000 persons were arrested at POEs on criminal warrants. (Not all persons arrested are denied admission, including because some are U.S. citizens.) Within the Department of Homeland Security (DHS), U.S. Customs and Border Protection's (CBP) Office of Field Operations (OFO) is responsible for conducting immigration inspections at America's 329 POEs. CBP's primary immigration enforcement mission at ports of entry is to confirm that travelers are eligible to enter the United States and to exclude inadmissible aliens. Yet strict enforcement is in tension with a second core mission: to facilitate the flow of lawful travelers, who are the vast majority of persons seeking admission. A fundamental question for Congress and DHS is how to balance these competing concerns. In general, DHS and CBP rely on "risk management" to strike this balance. One part of the risk management strategy is to conduct screening at multiple points in the immigration process, beginning well before travelers arrive at U.S. POEs. DHS and other departments involved in the inspections process use a number of screening tools to distinguish between known, low-risk travelers and lesser-known, higher-risk travelers. Low-risk travelers may be eligible for expedited admissions processing, while higher-risk travelers are usually subject to more extensive secondary inspections. As part of its dual mission, and in support of its broader mandate to manage the U.S. immigration system, DHS also is responsible for implementing an electronic entry-exit system at POEs. Congress required DHS' predecessor to develop an entry-exit system beginning in 1996, but the implementation of a fully automated, biometric system has proven to be an elusive goal. The current system collects and stores biographic entry data (e.g., name, date of birth, travel history) from almost all non-citizens entering the United States, but only collects biometric data (e.g., fingerprints and digital photographs) from non-citizens entering at air or seaports, and from a subset of land travelers that excludes most Mexican and Canadian visitors. With respect to exit data, the current system relies on information sharing agreements with air and sea carriers and with Canada to collect biographic data from air and sea travelers and from certain non-citizens exiting through northern border land ports; but the system does not collect data from persons exiting by southern border land ports and does not collect any biometric exit data. Questions also have been raised about DHS' ability to use existing entry-exit data to identify and apprehend visa over-stayers. The inspections process and entry-exit system may raise a number of questions for Congress, including in the context of the ongoing debate about immigration reform. What is the scope of illegal migration through ports of entry, and how can Congress and DHS minimize illegal flows without unduly slowing legal travel? Congress may consider steps to enhance POE personnel and infrastructure and to expand trusted travel programs. Congress also may continue to seek the completion of the entry-exit system, a program that has been the subject of ongoing legislative activity since 1996, as summarized in the appendix to this report. Details: Washington, DC: Congressional Research Service, 2014. 39p. Source: Internet Resource: R43356: Accessed July 31, 2014 at: http://fas.org/sgp/crs/homesec/R43356.pdf Year: 2014 Country: United States URL: http://fas.org/sgp/crs/homesec/R43356.pdf Shelf Number: 132857 Keywords: Border Security (U.S.)Homeland SecurityIllegal ImmigrationImmigrationImmigration EnforcementRisk ManagementUndocumented Immigrants |
Author: Hiskey, Jonathan Title: Violence and Migration in Central America Summary: Over the past decade, much of Central America has been devastated by alarming increases in crime and violence. For most of this timeframe, migration from many of these same countries to the United States increased as well, at least until the 2008 financial crisis deflated migration numbers. In the following Insights report, we examine the possible relationship between high levels of violence and Central Americans' migration intentions. Though conventional views of the motivations behind migration tend to highlight economic and familial factors as the principal causes of migration, we find that crime victimization and perceptions of insecurity among Central Americans also play a significant role in determining the extent to which an individual considers migration as a viable strategy. Nonetheless, in the face of consistently high levels of crime and violence, perceptions of insecurity among Central Americans over the past ten years have been declining, suggesting perhaps a populace that has become accustomed to a high crime context and thus one less inclined to let crime influence future migration patterns. Details: Nashville, TN: Vanderbilt University, 2014. 9p. Source: Internet Resource: Americas Barometer Insights, No. 101: Accessed August 4, 2014 at: http://www.vanderbilt.edu/lapop/insights/IO901en.pdf Year: 2014 Country: Central America URL: http://www.vanderbilt.edu/lapop/insights/IO901en.pdf Shelf Number: 132875 Keywords: ImmigrationMigrationViolence (Central America)Violent Crime |
Author: Migreurop Title: Europe's Murderous Borders Summary: Born in 2002, the Migreurop network brings together activists and over forty associations from thirteen countries both north and south of the Mediterranean. Its goal is to collect information to reveal and denounce the effects of the European Union's migration policies insofar as human rights violations are concerned, particularly in places of detention. The map of camps for foreigners in Europe and in Mediterranean countries drawn up by Migreurop, which is regularly updated, has become a reference in this field. Since 2008, the Migreurop network's work has taken on the form, in particular, of a Borders Observatory that rests upon a number of tools: apart from the divulging of information on human rights violations at borders through its e-mail list and website, Migreurop has launched a campaign for a 'Right of access in the places of detention for migrants', and has set up a working group on the consequences of readmission agreements reached between the European Union and its neighbours. In September 2009, Migreurop published an 'Atlas of migrants in Europe', which aims to be a work of critical geography of border controls. Migreurop releases this report on the violation of human rights at borders, 'Murderous Borders', within the framework of the Borders Observatory. For this first edition, Migreurop has chosen to focus on four symbolic poles of the misdeeds of the policies enacted by the European Union: the Greek-Turkish border, the Calais region in northwestern France, that of Oujda, in eastern Morocco, and the island of Lampedusa in the far south of Italy. They represent as many stops, of varying length and too often tragic, in the odyssey of thousands of people who, every year, seek to flee persecutions through chosen or obligatory exile, or simply to escape the fate that is reserved to them, by attempting to reach Europe. Details: Paris: Migreurop, 2009. 51p. Source: Internet Resource: Accessed August 6, 2014 at: http://www.migreurop.org/IMG/pdf/Rapport-Migreurop-nov2009-en-final.pdf Year: 2009 Country: Europe URL: http://www.migreurop.org/IMG/pdf/Rapport-Migreurop-nov2009-en-final.pdf Shelf Number: 132903 Keywords: Border ControlBorder SecurityHuman Rights (Europe)Immigrant DetentionImmigrationMigrant DetentionMigrants |
Author: Migreurop Title: European Borders: Controls, detention and deportations Summary: Abbiamo fermato l'invasione: "We have stopped the invasion", a Northern League poster boasted in March 2010 before the regional elections in Italy. The press could rejoice about seeing "Lampedusa returned to the fishermen", since the identification and expulsion centre on the island, which had seen over 30,000 "illegals" disembark in 2008, and still 1,220 in February 2009, was henceforth empty since October. In turn, the Italian government was trumpeting the fact that, against "illegal" immigration, firmness had ended up paying off. From the other islands in the Sicily Channel to Malta, to the Canary islands, and to the coasts of Andalusia in Spain, the same fact could be noted: unwanted arrivals on the coasts had ended, at least on that side of Europe. Moreover, at a time when Migreurop is completing its second annual report, it has even been stated that Libya has closed its detention centres - those camps that were hastily created following great inputs of "aid" from north of the Mediterranean. Readers should read this report with caution, because, in the field of migration, the gateways and routes open up and close down very quickly, in accordance with the deals between European Union member states and those between the latter and so-called "third" countries, in spite of the strong trends that we denounce here. Details: Paris: Migreurop, 2010. 132p. Source: Internet Resource: http://www.migreurop.org/IMG/pdf/rapport-migreurop-2010-en_-_2-121110.pdf Year: 2010 Country: Europe URL: http://www.migreurop.org/IMG/pdf/rapport-migreurop-2010-en_-_2-121110.pdf Shelf Number: 132972 Keywords: Border Control Border Security Human Rights (Europe) Immigrant Detention Immigration Migrant Detention Migrants |
Author: No More Deaths Title: A Culture of Cruelty: Abuse and Impunity in Short-Term U.S. Border Patrol Custody Summary: In 2006, in the midst of humanitarian work with people recently deported from the United States to Nogales, Sonora, No More Deaths began to document abuses endured by individuals in the custody of U.S. immigration authorities, and in particular the U.S. Border Patrol. In September 2008 No More Deaths published Crossing the Line in collaboration with partners in Naco and Agua Prieta, Sonora. The report included hundreds of individual accounts of Border Patrol abuse, as well as recommendations for clear, enforceable custody standards with community oversight to ensure compliance. Almost three years later, A Culture of Cruelty is a follow-up to that report-now with 12 times as many interviews detailing more than 30,000 incidents of abuse and mistreatment, newly obtained information on the Border Patrol's existing custody standards, and more specific recommendations to stop the abuse of individuals in Border Patrol custody. The abuses individuals report have remained alarmingly consistent for years, from interviewer to interviewer and across interview sites: individuals suffering severe dehydration are deprived of water; people with life-threatening medical conditions are denied treatment; children and adults are beaten during apprehensions and in custody; family members are separated, their belongings confiscated and not returned; many are crammed into cells and subjected to extreme temperatures, deprived of sleep, and threatened with death by Border Patrol agents. By this point, the overwhelming weight of the corroborated evidence should eliminate any doubt that Border Patrol abuse is widespread. Still the Border Patrol's consistent response has been flat denial, and calls for reform have been ignored. We have entitled our report "A Culture of Cruelty" because we believe our findings demonstrate that the abuse, neglect, and dehumanization of migrants is part of the institutional culture of the Border Patrol, reinforced by an absence of meaningful accountability mechanisms. This systemic abuse must be confronted aggressively at the institutional level, not denied or dismissed as a series of aberrational incidents attributable to a few rogue agents. Until then we can expect this culture of cruelty to continue to deprive individuals in Border Patrol custody of their most fundamental human rights. Details: Tucson, AZ: No More Deaths, 2010. 72p. Source: Internet Resource: Accessed August 23, 2014 at: http://www.nomoredeathsvolunteers.org/Print%20Resources/Abuse%20Doc%20Reports/Culture%20of%20Cruelty/CultureofCrueltyFinal.pdf Year: 2010 Country: United States URL: http://www.nomoredeathsvolunteers.org/Print%20Resources/Abuse%20Doc%20Reports/Culture%20of%20Cruelty/CultureofCrueltyFinal.pdf Shelf Number: 133123 Keywords: Border Patrol (U.S.)Border SecurityHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrationPrisoner AbuseUndocumented Immigrants |
Author: Isacson, Adam Title: Mexico's Other Border: Security, Migration, and the Humanitarian Crisis at the Line with Central America Summary: Mexico's Other Border: Security, Migration, and the Humanitarian Crisis at the Line with Central America, which examines migration patterns, human trafficking and smuggling, security, and U.S. and Mexican policy at Mexico's southern border. With dozens of images, maps, statistics, and testimonies, the report not only explains what Mexico's "other border" looks like, it shows very clearly that the real humanitarian emergency is not just in shelters and detention facilities in south Texas - it runs along the entire migration route to the United States. Mexico's Other Border also outlines what is at stake for policymakers under pressure to "do something" about the current surge in migrants at the U.S.-Mexico border. Contrary to what some in Washington allege, lax U.S. border security is not to blame for this surge. (In fact, the number of security personnel on the U.S.-Mexico border has doubled in the past eight years.) WOLA found that Mexican authorities and migrant shelters alike have seen a sharp rise in migration from Central America, including the influx of families and unaccompanied children that authorities are now struggling to manage in south Texas and elsewhere on the U.S.-Mexico border. The report documents a modest but accelerating buildup of U.S.-funded security forces and infrastructure on both sides of the Mexico-Guatemala border. In a series of recommendations, authors Adam Isacson, Maureen Meyer, and Gabriela Morales call for an approach that can ease the humanitarian crisis facing Central American migrants in transit, without the risks of a large deployment of undertrained, uncoordinated, and unaccountable military, police, intelligence, and migration forces Details: Washington, DC: Washington Office on Latin America, 2014. 43p. Source: Internet Resource: Accessed September 10, 2014 at: http://www.wola.org/publications/mexicos_other_border Year: 2014 Country: Central America URL: http://www.wola.org/publications/mexicos_other_border Shelf Number: 133260 Keywords: Border Law EnforcementBorder Security (U.S.)Drug TraffickingHuman TraffickingIllegal ImmigrantsImmigrationSmuggling |
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: Miles, Thomas J. Title: Does Immigration Enforcement Reduce Crime? Evidence from "Secure Communities" Summary: Does immigration enforcement actually reduce crime? Surprisingly, little evidence exists either way-despite the fact that deporting noncitizens who commit crimes has been a central feature of American immigration law since the early twentieth century. We capitalize on a natural policy experiment to address the question and, in the process, provide the first empirical analysis of the most important deportation initiative to be rolled out in decades. The policy initiative we study is "Secure Communities," a program designed to enable the federal government to check the immigration status of every person arrested for a crime by local police. Before this program, the government checked the immigration status of only a small fraction of arrestees. Since its launch, the program has led to over a quarter of a million detentions. We exploit the slow rollout of the program across more than 3,000 U.S. counties to obtain differences-in-differences estimates of the impact of Secure Communities on local crime rates. We also use rich data on the number of immigrants detained under the program in each county and month-data obtained from the federal government through extensive FOIA requests-to estimate the elasticity of crime with respect to incapacitated immigrants. Our results show that Secure Communities led to no meaningful reductions in the FBI index crime rate. Nor has it reduced rates of violent crime-homicide, rape, robbery, or aggravated assault. This evidence shows that the program has not served its central objective of making communities safer. Details: Chicago: University of Chicago School of Law; New York: New York University Law School, 2014. 61p. Source: Internet Resource: Draft, August 21, 2014: Accessed September 15, 2014 at: http://www.law.uchicago.edu/files/file/does_immigration_enforcement_reduce_crime_082514.pdf Year: 2014 Country: United States URL: http://www.law.uchicago.edu/files/file/does_immigration_enforcement_reduce_crime_082514.pdf Shelf Number: 133328 Keywords: Crime PreventionImmigrants (U.S.)Immigrants and CrimeImmigrationImmigration EnforcementSecure CommunitiesUndocumented Citizens |
Author: Rockwool Foundation Title: Crime rates halved among second-generation immigrants Summary: Crime rates among non-Western second-generation immigrants to Denmark have been more than halved in only 15 years. This is one of the findings of a new analysis from the Rockwool Foundation Research Unit, which reveals that ethnic minorities in Denmark today display significantly less criminality than was the case in the 1990s - and that in terms of crime, they are coming to resemble ethnic Danes ever more closely. This trend is very clear among non-Western second-generation immigrants. In 1990, 11% of male non-Western second-generation immigrants aged 15-45 committed at least one criminal offence of which they were convicted. In 2006 the proportion was under half of that; 5% committed at least one offence during the year which led to a conviction. The same trend, though from a lower starting point, was evident among first-generation non-Western male immigrants; in 1990 6% of them were convicted of committing at least one criminal offence, while the proportion in 2006 had fallen to 3%. Details: Copenhagen: Rockwool Foundation Research Unit, 2012. 12p. Source: Internet Resource: Accessed September 17, 2014 at: http://www.rockwoolfonden.dk/files/RFF-site/Publikations%20upload/Newsletters/Engelsk/Newsletter%20January%202012.pdf Year: 2012 Country: Denmark URL: http://www.rockwoolfonden.dk/files/RFF-site/Publikations%20upload/Newsletters/Engelsk/Newsletter%20January%202012.pdf Shelf Number: 133372 Keywords: Crime RatesCrime StatisticsImmigrants and Crime (Denmark)ImmigrationMinority Groups |
Author: Bail for Immigration Detainees Title: Denial of Justice: the hidden use of UK prisons for immigration detention Summary: Being detained and losing one's liberty is bad enough when a person is held in an immigration removal centre, but immigration detention in a prison is unfair and unjust from the start. Detainees held in the prison estate suffer from multiple, systemic, and compounding barriers to accessing justice, with an often devastating effect on their ability to progress their immigration case, seek independent scrutiny of their ongoing detention from the courts and tribunals, and seek release from detention, as well as on their physical and mental wellbeing. This report describes these practical barriers, which include but are not limited to: - No automatic access to on-site immigration legal advice like that provided for detainees in IRCs. - The existence of financial disincentives to legal aid providers who wish to work with detainees in prisons under current Legal Aid Agency contracts. - Immigration detainees routinely held under serving prisoner regimes. - Prison regimes and restrictions that preclude the holding of mobile phones, adequate access to wing telephones during working hours, and a slow internal postal system in prisons, which delay and frustrate timely communication with legal advisers, the courts, and the Home Office. - Lack of internet access in prisons which hinders legal research for unrepresented detainees, and makes cooperation with the Home Office redocumentation process very difficult - Home Office escorting failures resulting in failure to produce detainees at bail hearings. - Time limited videolink connections to prisons. - Delays in receipt of Home Office bail summaries as a result of slow internal mail in prisons. - Loss of grants of Home Office Section 4 (1)(c ) bail accommodation as a result of production failures and listing delays, sometimes after several months waiting for a grant of a bail address. - Home Office failure to provide travel warrants enabling detainees held in prisons and produced in person at hearing centres to reach their Home Office Section 4(1)(c) bail address if granted bail. - Failure to fit electronic tags within the prescribed two working days resulting in extended detention in prison. Details: London: Bail for Immigration Detainees, 2014. 56p. Source: Internet Resource: Accessed October 1, 2014 at: http://www.biduk.org/162/bid-research-reports/bid-research-reports.html Year: 2014 Country: United Kingdom URL: http://www.biduk.org/162/bid-research-reports/bid-research-reports.html Shelf Number: 133519 Keywords: Illegal ImmigrantsImmigrant Detention (U.K.)Immigration |
Author: Passel, Jeffrey S. Title: As Growth Stalls, Unauthorized Immigrant Population Becomes More Settled Summary: The number of unauthorized immigrants living in the United States has stabilized since the end of the Great Recession and shows no sign of rising, according to new Pew Research Center estimates. The marked slowdown in new arrivals means that those who remain are more likely to be long-term residents, and to live with their U.S.-born children. There were 11.3 million unauthorized immigrants living in the U.S. in March 2013, according to a preliminary Pew Research Center estimate, about the same as the 11.2 million in 2012 and unchanged since 2009. The population had risen briskly for decades before plunging during the Great Recession of 2007 to 2009. As growth of this group has stalled, there has been a recent sharp rise in the median length of time that unauthorized immigrants have lived in the U.S. In 2013, according to a preliminary estimate, unauthorized immigrant adults had been in the U.S. for a median time of nearly 13 years - meaning that half had been in the country at least that long. A decade earlier, in 2003, the median for adults was less than eight years. Details: Washington, DC: Pew Research Center's Hispanic Trends Project, 2014. 28p. Source: Internet Resource: Accessed October 2, 2014 at: http://www.pewhispanic.org/files/2014/09/2014-09-03_Unauthorized-Final.pdf Year: 2014 Country: United States URL: http://www.pewhispanic.org/files/2014/09/2014-09-03_Unauthorized-Final.pdf Shelf Number: 133535 Keywords: Illegal ImmigrantsImmigrants (U.S.)ImmigrationUndocumented Immigrants |
Author: International Organization for Migration (IOM) Title: Fatal Journeys: Tracking Lives Lost during Migration Summary: "Fatal Journeys: Tracking Lives Lost During Migration," the world's most comprehensive tally to date of migrant fatalities across land and sea. With a count surpassing 40,000 victims since 2000, IOM calls on all the world's governments to address what it describes as "an epidemic of crime and victimization." "Our message is blunt: migrants are dying who need not," said IOM Director General William Lacy Swing, "It is time to do more than count the number of victims. It is time to engage the world to stop this violence against desperate migrants." The research behind "Fatal Journeys," which runs to over 200 pages, began with the October 2013 tragedy when over 400 migrants died in two shipwrecks near the Italian island of Lampedusa. The report, compiled under IOM's Missing Migrants Project, indicates Europe is the world's most dangerous destination for "irregular" migration, costing the lives of over 3,000 migrants this year. Calculations based on incidents compiled by The Migrants Files, a joint project conducted under the aegis of Journalism++ , suggests over 22,000 migrants have died trying to reach Europe since 2000, mainly on treacherous routes across the Mediterranean Sea. Besides counting fatalities, the Missing Migrants Project is part of a broader effort to use social media to engage communities around the world. With this month's Malta shipwreck tragedy, IOM offices worldwide received calls and emails from family members across Europe and the Middle East seeking news about their missing relatives, many of whom are now feared dead. Going forward, the Missing Migrants Project will lend a powerful voice of deterrence to keep future victims from embarking on these dangerous journeys. Details: Geneva, SWIT: International Organization for Migration, 2014. 216p. Source: Internet Resource: Accessed October 11, 2014 at: http://www.iom.int/files/live/sites/iom/files/pbn/docs/Fatal-Journeys-Tracking-Lives-Lost-during-Migration-2014.pdf Year: 2014 Country: International URL: http://www.iom.int/files/live/sites/iom/files/pbn/docs/Fatal-Journeys-Tracking-Lives-Lost-during-Migration-2014.pdf Shelf Number: 133929 Keywords: ImmigrationMigrant DeathsMigrants |
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: Jacome, Felipe Title: Trans-Mexican Migration: a Case of Structural Violence Summary: This paper argues that the violence experienced by migrants crossing Mexico in their way to the United States needs to be understood as a case of structural violence. Based on several months of field work conducted along the migrant route in Mexico, the paper emphasizes that trans-Mexican migrants suffer not only from forms of direct violence such as beatings, kidnappings, and rape, but also endure great suffering from expressions of indirect violence such as poverty, hunger, marginalization, and health threats. Addressing trans-Mexican migration as a case of structural violence is also crucial in grasping the complex dynamics that characterize this violence, including the impunity and systematization of violence, and the social forces, policies, and institutions that perpetuate it. Details: Washington, DC: Georgetown University, Center for Latin American Studies, 2008. 36p. Source: Internet Resource; Working Paper Series No. 2: Accessed October 13, 2014 at: http://pdba.georgetown.edu/CLAS%20RESEARCH/Working%20Papers/WP2.pdf Year: 2008 Country: Mexico URL: http://pdba.georgetown.edu/CLAS%20RESEARCH/Working%20Papers/WP2.pdf Shelf Number: 131267 Keywords: ImmigrationMigrants (Mexico)Victims of ViolenceViolence |
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: Seghetti, Lisa Title: Border Security: Immigration Enforcement Between Ports of Entry Summary: Border enforcement is a core element of the Department of Homeland Security's effort to control unauthorized migration, with the U.S. Border Patrol (USBP) within the U.S. Customs and Border Protection (CBP) as the lead agency along most of the border. Border enforcement has been an ongoing subject of congressional interest since the 1970s, when illegal immigration to the United States first registered as a serious national problem; and border security has received additional attention in the years since the terrorist attacks of 2001. Since the 1990s, migration control at the border has been guided by a strategy of "prevention through deterrence"-the idea that the concentration of personnel, infrastructure, and surveillance technology along heavily trafficked regions of the border will discourage unauthorized aliens from attempting to enter the United States. Since 2005, CBP has attempted to discourage repeat illegal migrant entries and disrupt migrant smuggling networks by imposing tougher penalties against certain unauthorized aliens, a set of policies eventually described as "enforcement with consequences." Most people apprehended at the Southwest border are now subject to "high consequence" enforcement outcomes. Across a variety of indicators, the United States has substantially expanded border enforcement resources over the last three decades. Particularly since 2001, such increases include border security appropriations, personnel, fencing and infrastructure, and surveillance technology. In addition to increased resources, the USBP has implemented several strategies over the past several decades in an attempt to thwart illegal migration. Recently, the Obama Administration announced executive actions to "fix" the immigration system. These actions address numerous issues, including a revised security plan at the southern border. The Border Patrol collects data on several different border enforcement outcomes; and this report describes trends in border apprehensions, recidivism, and estimated got aways and turn backs. Yet none of these existing data are designed to measure illegal border flows or the degree to which the border is secured. Thus, the report also describes methods for estimating illegal border flows based on enforcement data and migrant surveys. Drawing on multiple data sources, the report suggests conclusions about the state of border security. Robust investments at the border were not associated with reduced illegal inflows during the 1980s and 1990s, but a range of evidence suggests a substantial drop in illegal inflows in 2007-2011, followed by a slight rise in 2012 and a more dramatic rise in 2013. Enforcement, along with the economic downturn in the United States, likely contributed to the drop in unauthorized migration, though the precise share of the decline attributable to enforcement is unknown. Enhanced border enforcement also may have contributed to a number of secondary costs and benefits. To the extent that border enforcement successfully deters illegal entries, such enforcement may reduce border-area violence and migrant deaths, protect fragile border ecosystems, and improve the quality of life in border communities. But to the extent that aliens are not deterred, the concentration of enforcement resources on the border may increase border area violence and migrant deaths, encourage unauthorized migrants to find new ways to enter illegally and to remain in the United States for longer periods of time, damage border ecosystems, harm border-area businesses and the quality of life in border communities, and strain U.S. relations with Mexico and Canada. Details: Washington, DC: Congressional Research Service, 2014. 48p. Source: Internet Resource: R42138: Accessed January 30, 2015 at: https://www.fas.org/sgp/crs/homesec/R42138.pdf Year: 2014 Country: United States URL: https://www.fas.org/sgp/crs/homesec/R42138.pdf Shelf Number: 134497 Keywords: Border PatrolBorder Security (U.S.)Illegal ImmigrantsImmigrationMigrationSurveillance Technology |
Author: Hoekstra, Mark Title: Illegal Immigration, State Law, and Deterrence Summary: A critical immigration policy question is whether state and federal policy can deter undocumented workers from entering the U.S. We examine whether Arizona SB 1070, arguably the most restrictive and controversial state immigration law ever passed, deterred entry into Arizona. We do so by exploiting a unique data set from a survey of undocumented workers passing through Mexican border towns on their way to the U.S. Results indicate the bill's passage reduced the flow of undocumented immigrants into Arizona by 30 to 70 percent, suggesting that undocumented workers from Mexico are responsive to changes in state immigration policy. In contrast, we find no evidence that the law induced undocumented immigrants already in Arizona to return to Mexico. Details: Cambridge, MA: National Bureau of Economic Research, 2014. 31p. Source: Internet Resource: NBER Working Paper No. 20801: Accessed January 31, 2015 at: http://www.nber.org/papers/w20801 Year: 2014 Country: United States URL: http://www.nber.org/papers/w20801 Shelf Number: 134510 Keywords: Illegal Immigrants (U.S.)ImmigrationImmigration EnforcementImmigration PolicyUndocumented Immigrants |
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: Siskin, Alison Title: Alien Removals and Returns: Overview and Trends Summary: The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013-including about 440,000 formal removals-the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal. Certain grounds for removal (e.g., criminal grounds, terrorist grounds) render foreign nationals ineligible for most forms of relief and may make them eligible for more streamlined (expedited) removal processes. The "standard" removal process is a civil judicial proceeding in which an immigration judge from DOJ's Executive Office for Immigration Review (EOIR) determines whether an alien is removable. Immigration judges may grant certain forms of relief during the removal process (e.g., asylum, cancellation of removal), and the judge's removal decisions are subject to administrative and judicial review. The INA also describes different types of streamlined removal procedures, which generally include more-limited opportunities for relief and grounds for review. In addition, two alternative forms of removal exempt aliens from certain penalties associated with formal removal: voluntary departure (return) and withdrawal of petition for admission. These are often called "returns." Following an order of removal, an alien is inadmissible for a minimum of five years after the date of the removal, and therefore is generally ineligible to return to the United States during this time period. The period of inadmissibility is determined by the reason for and type of removal. For example, a foreign national ordered removed based on removal proceedings initiated upon the foreign national's arrival is inadmissible for five years, while a foreign national ordered removed after being apprehended within the United States is inadmissible for 10 years. The length of inadmissibility increases to 20 years for an alien's second or subsequent removal order, and is indefinite for a foreign national convicted of an aggravated felony. Absent additional factors, unlawful presence in the United States is a civil violation, not a criminal offense, and removal and its associated administrative processes are civil proceedings. As such, aliens in removal proceedings generally have no right to counsel (though they may be represented by counsel at their own expense). In addition, because removal is not considered punishment by the courts, Congress may impose immigration consequences retroactively. There were a record number of removals between FY2009 and FY2013, including 438,421 removals in FY2013. Approximately 71% of the foreign nationals removed were from Mexico. However, during the same time period the number of returns (most of which occur at the Southwest border) decreased to a low of 178,371 in FY2013-the fewest returns since 1968. Details: Washington, DC: Congressional Research Services, 2015. 36p. Source: Internet Resource: CRS Report No. R43892: Accessed February 16, 2015 at: http://www.fas.org/sgp/crs/homesec/R43892.pdf Year: 2015 Country: United States URL: http://www.fas.org/sgp/crs/homesec/R43892.pdf Shelf Number: 134629 Keywords: DeportationIllegal Immigrants (U.S.)ImmigrationUndocumented Immigrants |
Author: University of Miami School of Law, Immigration Clinic Title: Aftershocks: The Human Impact of U.S. Deportations to Post-Earthquake Haiti Summary: Haiti still reels from the devastating effects of the January 12, 2010 earthquake that killed up to 300,000 people, rendered one in seven Haitians homeless, and wreaked $9 billion of damage in a country whose 2009 GDP was only $7 billion. The United States recognized the enormity of the crisis and granted Temporary Protected Status to eligible Haitians. Excluded from protection are individuals with certain criminal convictions (one felony or two misdemeanors). Over the past five years, the United States has forcibly returned approximately 1,500 men and women, including those with only minor criminal records, mothers and fathers of U.S. citizen children, people with severe medical and mental health conditions, and others. The result has been utterly devastating to deportees in Haiti and the families they leave behind in the United States. This report details the experiences of deportees - who sometimes refer to themselves as "strangers in a strange land" - and their U.S.-based family members. The report argues that the United States violates the fundamental human rights of Haitian nationals and their family members when it deports them to post-earthquake Haiti without due consideration of the deportees' individual circumstances and the ongoing humanitarian crisis in Haiti. Details: Miami: University of Miami School of law, Immigration Clinic, 2015. 92p. Source: Internet Resource: Accessed February 19, 2015 at: http://www.law.miami.edu/clinics/pdf/2015/haiti-report.pdf Year: 2015 Country: Haiti URL: http://www.law.miami.edu/clinics/pdf/2015/haiti-report.pdf Shelf Number: 134647 Keywords: Immigrant DeportationImmigrants (U.S.)Immigrants and CrimeImmigration |
Author: Nix, Justin Title: Immigration and Law Enforcement: Results from a State Census of Police Executives Summary: This report represents the 2012 South Carolina Law Enforcement Census. The census is an annual survey conducted by the Department of Criminology and Criminal Justice at the University of South Carolina. The survey alternates on a year-to-year basis between a general census of South Carolina law enforcement agency characteristics and surveys on special issues confronting agencies in the state. Previous special-issue surveys have explored various topics including patterns of gang activity in South Carolina, standards of law enforcement training, and local law enforcement use of the South Carolina Intelligence and Information Center (SCIIC). This year's survey focuses on state and local law enforcement perspectives on immigration enforcement issues that underlie South Carolina Senate Bill 20, which contains provisions related to enforcement of immigration laws by state and local law enforcement. A handful of states have passed legislation "or are giving consideration to legislation" that authorizes local law enforcement to play a more active role in immigration enforcement efforts. Although such legislation will likely increase the workload of local law enforcement agencies, little empirical consideration has been given to how local law enforcement leaders view such legislation and its impact on their agencies. While the issue of illegal or unauthorized immigrants in the United States could involve individuals from diverse countries of origin, the present study focuses on Hispanic/Latino immigrants. This focus is in response to the concerns expressed in other states and from comments of local law enforcement executives who played an advisory role in the development of this study. These executives suggested that in South Carolina the current issue of state and local law enforcement involvement in immigration enforcement largely centers on Hispanic/Latino immigrants. Details: University of South Carolina, Department of Criminology and Criminal Justice, 2012. 87p. Source: Internet Resource: Accessed march 12, 2015 at: http://artsandsciences.sc.edu/crju/pdfs/sc_census_2012.pdf Year: 2012 Country: United States URL: http://artsandsciences.sc.edu/crju/pdfs/sc_census_2012.pdf Shelf Number: 134914 Keywords: Immigrants (South Carolina)ImmigrationImmigration Enforcement |
Author: Rosenblum, Marc R. Title: Unaccompanied Child Migration to the United States: The Tension between Protection and Prevention Summary: Between 2011 and 2014, the number of Central American children and "family units" - parents traveling with minor children - who arrived at the U.S.-Mexico border increased rapidly, reaching a peak of 137,000 in fiscal year 2014. While many of these migrants have valid claims for asylum or other forms of humanitarian relief, others are chiefly driven by economic concerns and a desire to reconnect with family members. This mixed flow has challenged the capacity of the United States to carry out its core immigration functions of preventing the admission of unauthorized immigrants while also providing protection to those who cannot be safely returned to their home countries. Media coverage of Central American arrivals in 2014 portrayed their entry as a failure of border security, but the actual policy failures were in the processing and adjudication of claims for relief from migrants presenting in a mixed migration flow of humanitarian and irregular migrants. Inadequate judicial and legal resources left some migrants waiting two years or more for a hearing before an immigration judge. Such delays amounted to a de facto policy of open admission for children and families. Furthermore, the Obama administration's responses to the rising Central American flows, including greater law enforcement resources at the border, expanded detention facilities, and the establishment of dedication child and family immigration court dockets, focused exclusively on immediate needs rather than longer-term solutions and they failed either to adequately protect vulnerable immigrants or to prevent future unauthorized flows. This report explains the shifting patterns of Central American migration between 2011 and 2014, analyzes the root of the policy challenges posed by these flows, and outlines U.S. and regional policy responses to address the crisis. It also makes recommendations on policies that advance both critical protection and enforcement goals in situations of complex, mixed flows, and provides additional policies that the United States, Mexico, and the Northern Triangle countries of El Salvador, Guatemala, and Honduras might adopt to better manage child and family migration pressures today and in the future. Details: Washington, DC: Migration Policy Institute, 2015. 33p. Source: Internet Resource: Accessed April 8, 2015 at: http://migrationpolicy.org/research/unaccompanied-child-migration-united-states-tension-between-protection-and-prevention Year: 2015 Country: United States URL: http://migrationpolicy.org/research/unaccompanied-child-migration-united-states-tension-between-protection-and-prevention Shelf Number: 135193 Keywords: Asylum SeekersBorder SecurityChild ProtectionHuman SmugglingIllegal ImmigrationImmigrationUnaccompanied Children (U.S.) |
Author: Jaitman, Laura Title: Crime and Immigration: New Evidence from England and Wales Summary: We study a high profile public policy question on immigration, namely the link between crime and immigration, presenting new evidence from England and Wales in the 2000s. For studying immigration impacts, this period is of considerable interest as the composition of migration to the UK altered dramatically with the accession of Eastern European countries (the A8) to the European Union in 2004. As we show, this has important implications for ensuring a causal impact of immigration can be identified. When we are able to implement a credible research design with statistical power, we find no evidence of an average causal impact of immigration on crime, nor do we when we consider A8 and Non-A8 immigration separately. We also study London by itself as the immigration changes over time in the capital city were large. Again, we find no causal impact of immigration on crime from our spatial econometric analysis and also present evidence from unique data on arrests of natives and immigrants in London which shows no immigrant differences in the likelihood of being arrested. Details: London: Department of Economics, University College London, 2013. 44p. Source: Internet Resource: Accessed April 24, 2015 at: http://personal.lse.ac.uk/machin/pdf/lj%20sm%20iza%2019%20OCT%202013.pdf Year: 2013 Country: United Kingdom URL: http://personal.lse.ac.uk/machin/pdf/lj%20sm%20iza%2019%20OCT%202013.pdf Shelf Number: 135383 Keywords: Immigrants and Crime (U.K.) Immigration |
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: Dimant, Eugen Title: A Crook is a Crook ... But is He Still a Crook Abroad? On the Effect of Immigration on Destination-Country Corruption Summary: This paper analyzes the impact of migration on destination-country corruption levels. Capitalizing on a comprehensive dataset consisting of annual immigration stocks of OECD countries from 207 countries of origin for the period 1984-2008, we explore different channels through which corruption might migrate. We employ different estimation methods using Fixed Effects (FE) and Tobit regressions in order to validate our findings. Moreover, we also address the issue of endogeneity by using the Difference-Generalized Method of Moments (GMM) estimator. Independent of the econometric methodology, we consistently find that while general migration has an insignificant effect on the destination country's corruption level, immigration from corruption-ridden origin countries boosts corruption in the destination country. Our findings provide a more profound understanding of the socio-economic implications associated with migration flows Details: Munich: Center for Economic Studies & Ifo Institute, 2014. 42p. Source: Internet Resource: CESifo Working Paper no. 5032: Accessed April 30, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2518956 Year: 2014 Country: International URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2518956 Shelf Number: 135433 Keywords: CorruptionImmigrants and CrimeImmigration |
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: Eguizabal, Cristina Title: Crime and Violence in Central America's Northern Triangle: How U.S. Policy Responses are Helping, Hurting, and Can Be Improved Summary: Throughout the spring and summer of 2014, a wave of unaccompanied minors and families from Central America began arriving at the U.S.-Mexican border in record numbers. During June and July over 10,000 a month were arriving. The unexpected influx triggered a national debate about immigration and border policy, as well as an examination of the factors compelling thousands of children to undertake such a treacherous journey. Approximately two-thirds of these children are from Central America's Northern Triangle-El Salvador, Guatemala, and Honduras. According to interviews with the children their motives for migrating ranged from fleeing some of the world's highest homicide rates, rampant extortion, communities controlled by youth gangs, domestic violence, impunity for most crimes, as well as economic despair and lack of opportunity. Many hoped to reunite with family members, especially parents, who are already in the United States. The wave of migrants has underscored chronic problems in the region that stem back decades. It is often assumed that international drug trafficking explains the surge in violence since 2009, but other important factors are also at play. Drug trafficking is certainly a factor, especially in areas where criminal control of territory and trafficking routes is contested, but drugs do not explain the entirety of the complex phenomenon. Other factors have also contributed. While there are important differences among the three countries, there are also common factors behind the violence. Strong gang presence in communities often results in competition for territorial and economic control through extortion, kidnapping and the retail sale of illegal drugs. Threats of violence and sexual assault are often tools of neighborhood control, and gang rivalries and revenge killings are commonplace. Elevated rates of domestic abuse, sexual violence, and weak family and household structures also contribute as children are forced to fend for themselves and often chose (or are coerced into) the relative "safety" of the gang or criminal group. Likewise, important external factors such a weak capacity among law enforcement institutions, elevated levels of corruption, and penetration of the state by criminal groups means impunity for crime is extraordinarily high (95 percent or more), and disincentives to criminal activity are almost non-existent. Public confidence in law enforcement is low and crime often goes unreported. U.S. policy and practice are also a major contributing factor to the violence. U.S. consumption of illegal drug remains among the highest in the world, and U.S. and Mexican efforts to interdict drug trafficking in the Caribbean and Mexico has contributed to the trade's relocation to Central America. Furthermore, the policy of deporting large numbers of young Central Americans in the 1990s and 2000s, many of them already gang members in the United States, helped transfer the problem of violent street gangs from the United States to Central America's northern triangle. El Salvador now has the largest number of gang members in Central America followed close behind by Honduras and Guatemala. Finally, the trafficking of firearms, especially from the United States, has also contributed to the lethality and morbidity of crime. Efforts to slow firearms trafficking from the United States have encountered many domestic and political barriers and continue largely unchecked. Over the past year, the Woodrow Wilson Center's Latin American Program has undertaken an extensive review of the principal United States security assistance program for the region-the Central America Regional Security Initiative (CARSI). This review has focused on the major security challenges in the Northern Triangle countries of El Salvador, Guatemala, and Honduras and how CARSI seeks to address these. This publication includes country reports on each country including a review of the current in-country security context, as well as assessing CARSI's effectiveness for addressing these challenges. The report also includes a chapter providing an in-depth analysis of the geographic distribution of homicides and an examination of how such an analysis can help policy makers design more effective targeted strategies to lower violence. A final chapter outlining policy options for the future completes the report. Details: Washington, DC: Latin America Program, Woodrow Wilson International Center for Scholars, 2015. 155p. Source: Internet Resource: Accessed May 26, 2015 at: http://www.wilsoncenter.org/sites/default/files/FINAL%20PDF_CARSI%20REPORT_0.pdf Year: 2015 Country: Central America URL: http://www.wilsoncenter.org/sites/default/files/FINAL%20PDF_CARSI%20REPORT_0.pdf Shelf Number: 135789 Keywords: Border SecurityDrug TraffickingDrug-Related ViolenceGangsHomicidesIllegal ImmigrationImmigrationKidnappingOrganized CrimeTrafficking in Firearms |
Author: Great Britain. National Audit Office Title: The Border Force: Securing the Border Summary: Since the UK Border Force was separated from the UK Border Agency, it has met some important objectives such as reducing queuing times both during and after the 2012 London Olympics. To provide value for money, however, it needs to perform effectively and in a sustained way across the full range of its activities. The Border Force separated from the UK Border Agency because the Home Office was not confident the Border Force was capable of responding to instructions. To address this, the Border Force has standardized how its officers check passengers, and almost 100 per cent of passengers at the border now receive full passport checks. The Border Force has also successfully reduced passenger queuing times at the border. In April 2012, just before the Olympics, it became clear that the Border Force was struggling to manage queue times. The Border Force introduced measures to deal with this and, in 2012-13, more than 99 per cent of passengers cleared passport controls within the target times of 25 minutes for European arrivals and 45 minutes for those arriving from outside the EEA. Border Force officers, however, reported that staff shortages and the requirement to prioritize full passenger checks while managing queue times often prevented their performing other important duties, such as checking freight. In addition, during the first months of 2012-13, the Border Force's performance in some of its activities, such as seizures of cigarettes and counterfeit goods, entry refusals and detecting forgeries, was below target. The Home Office's internal auditors confirmed in April 2013 that the 2012 Olympics and wider resourcing issues had an effect on the Border Force's ability consistently to resource customs controls. The Border Force's workforce lacks organizational identity. The Border Force consists largely of officers who previously worked in separate customs and immigrations agencies, who typically still identify themselves as 'ex-customs' or 'ex-immigration'. Five director-generals have been in post over the course of 18 months. To meet the demands the Home Office has placed on it, such as carrying out full checks on all passengers rather than risk-based checks, the Border Force is recruiting more staff. Despite this, NAO visits revealed continuing staff shortages at the border. The Border Force has not established whether it has the resources it needs to deliver all its objectives. The Border Force needs to deploy staff flexibly to respond to its competing demands, but is prevented from doing this as efficiently as possible because almost a fifth of its workforce is employed under terms and conditions that restrict working hours to fixed periods during the week. At Heathrow in spring 2013, less than half the workforce was contractually obliged to work before 5am without being paid additional benefits in kind, despite a significant number of long-distance flights arriving at that time. Details: London: National Audit Office, 2013. 44p. Source: Internet Resource: Accessed May 26, 2015 at: http://www.nao.org.uk/wp-content/uploads/2013/09/The-Border-force-securing-the-border.pdf Year: 2013 Country: United Kingdom URL: http://www.nao.org.uk/wp-content/uploads/2013/09/The-Border-force-securing-the-border.pdf Shelf Number: 129778 Keywords: Border SecurityImmigration |
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: United States Conference of Catholic Bishops Title: Unlocking Human Dignity: A Plan to Transform the U.S. Immigrant Detention Systems Summary: The US immigrant detention system grew more than fivefold between 1994 and 2013. During these years, the average daily detained population rose from 6,785 to 34,260 (Figure 1). The number of persons detained annually increased from roughly 85,000 persons in 1995 to 440,557 in 2013 (Kerwin 1996, 1; Simansky 2014, 6). Since the beginning of the Obama administration's detention reform initiative in 2009, annual detention numbers have reached record levels (Figure 2). More persons pass through the U.S. immigrant detention system each year than through federal Bureau of Prisons (BOP) facilities (Meissner et al. 2013, 131). This growth has occurred in what may be the most troubled institution in the vast U.S. immigration enforcement system. The numbers only hint at the toll that this system exacts in despair, fractured families, human rights violations, abandoned legal claims, and diminished national prestige. The U.S. Department of Homeland Security (DHS) lacks the authority to imprison criminals and does not hold anybody awaiting trial or serving a criminal sentence. Congress and DHS use the anodyne language of "processing" and "detention" to describe this system. Yet each year DHS's Immigration and Customs Enforcement agency (ICE) holds hundreds of thousands of non-citizens and the occasional U.S. citizen (Carcamo 2014), many for extended periods, in prisons, jails, and other secure facilities where their lives are governed by standards designed for criminal defendants. Detention brands immigrants as criminals in the public's eye and contributes to the sense that they deserve to be treated as such. In many respects, immigrant detainees are treated less favorably than criminal defendants. U.S. mandatory detention laws cover broad categories of non-citizens, including lawful permanent residents (LPRs), asylum-seekers, petty offenders, and persons with U.S. families and other strong and longstanding ties to the United States. Sixty percent of the unauthorized have resided in the United States for 10 years or more and 17 percent for at least 20 years (Warren and Kerwin 2015, 86-87, 99). Moreover, DHS has interpreted the laws to preclude the release of mandatory detainees, even release coupled with the most intensive restrictions and monitoring. By way of contrast, most criminal defendants receive custody hearings by judicial officers shortly after their apprehension and they can be released subject to conditions that will reasonably ensure their court appearance and protect the public. Detention is treated as a pillar of the U.S. immigration enforcement system akin to border control or removal, but in fact it is a means to an end that would be far better served by a more humane, less costly system. Its purpose is to ensure that non-citizens in removal proceedings appear for their hearings and, if they are removable and lack legal relief, that their removal can be effected. Detention is also justified as a tool to protect others, although this consideration is more relevant to the criminal justice system. In fact, there are tested, effective, and humane ways to accomplish these goals short of detention. Supervised or conditional release programs have long been a mainstay of the criminal justice system, but have only recently begun to gain traction in the immigration context. Moreover, detention makes it far less likely that indigent and low-income immigrants will be able to secure legal counsel and, thus, to present their claims for relief and protection. Details: Washington, DC: United States Conference of Catholic Bishops, 2015. 44p. Source: Internet Resource: Accessed June 4, 2015 at: http://www.usccb.org/about/migration-and-refugee-services/upload/unlocking-human-dignity.pdf Year: 2015 Country: United States URL: http://www.usccb.org/about/migration-and-refugee-services/upload/unlocking-human-dignity.pdf Shelf Number: 135887 Keywords: Illegal ImmigrantsImmigrant DetentionImmigrationImmigration PolicyUndocumented Immigrants |
Author: Beckley, Amber L. Title: Foreign background and criminal offending among young males in Stockholm Summary: This doctoral thesis considers how factors from the home country, the family, and the individual impact the risk for criminal offending among young males from a foreign background residing in Stockholm. I use Swedish register data to examine the risk for police registered suspicion of criminal offending. The introductory chapter presents an historical overview of immigration in Sweden, theories of criminal offending, and details about analysis of register data. It is followed by three empirical studies that consider unique risk factors for crime among children of immigrants while controlling for factors encountered within Sweden. The first study shows that young male children of immigrants do not seem to be inherently violent as a result of coming from a war-torn country. The second study indicates that it is not the age at immigration, but the family situation that seems to dictate criminal propensity. The final study suggests that threats of deportation and stricter immigration policies do not seem to deter criminality. The most interesting result was probably that high home country human development was a protective factor against crime. This is the first known work to uncover such a result. Future theoretical development may be best aimed at unpacking and empirically evaluating the human development index as a risk factor. Together, these three studies suggest that some previously unconsidered uniquely immigrant factors are related to risk for criminality. Details: Stockholm: Stockholm University, Department of Criminology, 2015. 63p. Source: Internet Resource: Dissertation: Accessed July 13, 2015 at: http://su.diva-portal.org/smash/get/diva2:794216/FULLTEXT02.pdf Year: 2015 Country: Sweden URL: http://su.diva-portal.org/smash/get/diva2:794216/FULLTEXT02.pdf Shelf Number: 136013 Keywords: Immigrants Immigrants and Crime Immigration |
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: Anderson, Bridget Title: Forced Labour and Migration to the UK Summary: The disaster in which 21 Chinese migrants died picking cockles in the treacherous tides off Morecambe Bay in February 2004 has led to increased public awareness of the abusive employment relations and poor living conditions of many migrants working in the United Kingdom. Press coverage of these issues can adopt a very mixed tone. On the one hand the migrants involved are depicted as 'victims' working in Dickensian conditions; the employers and ubiquitous gangmasters as morally reprehensible and, more often than not, foreign. On the other hand migrants are also frequently portrayed as persons benefiting from undeserved opportunities. However, this short exploratory report offers a new framework with which we might begin to discuss the problem of super-exploitation in the workplace, particularly that which affects migrant workers. The report begins by answering questions such as What are the indicators of forced labour? and Why do people become vulnerable to forced labour? Focussing on four sectors - agriculture, construction, care workers and contract cleaning - the report highlights issues such as health and safety, accommodation and subcontracting. A key finding is that future discussion must begin to separate the control of immigration and the protection of workers rights. Details: Oxford, UK: Center on Immigration Policy and Society, and London: Trades Union Congress, 2004. 68p. Source: Internet Resource: Accessed July 29, 2015 at: http://www.ituc-csi.org/IMG/pdf/Forced_labour_in_UK_12-2009.pdf Year: 2004 Country: United Kingdom URL: http://www.ituc-csi.org/IMG/pdf/Forced_labour_in_UK_12-2009.pdf Shelf Number: 136229 Keywords: Forced LaborHuman RightsHuman TraffickingImmigrationMigrantsOrganized Crime |
Author: Rosenblum, Marc R. Title: Understanding the Potential Impact of Executive Action on Immigration Enforcement Summary: While much of the attention to the Obama administration's announcement of executive actions on immigration in November 2014 has focused on key deferred action programs, two changes that have not faced legal challenge are in the process of being implemented and may substantially affect the U.S. immigration enforcement system. These changes include the adoption by the Department of Homeland Security (DHS) of new policy guidance on which categories of unauthorized immigrants and other potentially removable noncitizens are priorities for enforcement, and the replacement of the controversial Secure Communities information-sharing program with a new, more tailored Priority Enforcement Program (PEP). The new policy guidance, which builds on previous memoranda published by the Obama administration in 2010 and 2011, further targets enforcement to noncitizens who have been convicted of serious crimes, are threats to public safety, are recent illegal entrants, or have violated recent deportation orders. MPI estimates that about 13 percent of unauthorized immigrants in the United States would be considered enforcement priorities under these policies, compared to 27 percent under the 2010-11 enforcement guidelines. The net effect of this new guidance will likely be a reduction in deportations from within the interior of the United States as DHS detention and deportation resources are increasingly allocated to more explicitly defined priorities. By comparing the new enforcement priorities to earlier DHS removal data, this report estimates that the 2014 policy guidance, if strictly adhered to, is likely to reduce deportations from within the United States by about 25,000 cases annually - bringing interior removals below the 100,000 mark. Removals at the U.S.-Mexico border remain a top priority under the 2014 guidelines, so falling interior removals may be offset to some extent by increases at the border. Taking the enforcement focus off settled unauthorized immigrants who do not meet the November 2014 enforcement priorities would effectively offer a degree of protection to the vast majority - 87 percent - of unauthorized immigrants now residing in the United States, thus affecting a substantially larger share of this population than the announced deferred action programs (9.6 million compared to as many as 5.2 million unauthorized immigrants). This report analyzes how many unauthorized immigrants fall within each of the new priority categories and how implementation of these priorities could affect the number of deportations from the United States, as well as what the termination of Secure Communities and launch of PEP could mean for federal cooperation with state and local authorities on immigration. Details: Washington, DC: Migration Policy Institute, 2015. 31p. Source: Internet Resource: Accessed July 29, 2015 at: http://www.migrationpolicy.org/research/understanding-potential-impact-executive-action-immigration-enforcement Year: 2015 Country: United States URL: http://www.migrationpolicy.org/research/understanding-potential-impact-executive-action-immigration-enforcement Shelf Number: 136235 Keywords: Criminal Aliens Deportation Illegal Immigrants Immigration Immigration EnforcementUndocumented Immigrants |
Author: Krishnamurthy, Anita Title: Monitoring the early impacts of the Legal Aid, Sentencing and Punishment of Offenders Act (2012) on onward immigration appeals Summary: Background The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 outlined reforms to the provision of legal aid in England and Wales. These included the removal of the majority of immigration matters from the scope of legal aid funding. During the passage of the LASPO Bill through Parliament, concerns were raised regarding the potential impact of removing legal aid for immigration onward appeals in particular. As these appeals are only granted on the basis of an error of law there were concerns that lay members of the public would not be able to argue such points. The Government therefore committed to review the impacts of withdrawing legal aid from these cases at around one year post-implementation. The immigration appeals process An appeal can be made following a decision on an immigration application to the Home Office. Appellants can progress through a number of stages at the First-tier Tribunal and Immigration Asylum Chamber (FtTIAC) through to the Upper Tribunal Asylum and Immigration Chamber (UTIAC) and beyond to the Court of Appeal and Supreme Court. Onward immigration appeals refer to appeals heard at the Upper Tribunal or that stay in the appeals system following an Upper Tribunal hearing. Aims and methodology The overall aim of the research was to explore the effects of removing legal aid for onward immigration appeals following the introduction of the LASPO reforms in April 2013. The research consisted of analysis of management information to explore trends in the immigration appeals system using trend data pre- and post-LASPO reforms, and twenty-one qualitative interviews with key stakeholders including immigration professionals and practitioners to examine the perceived impacts of the reforms. Details: London: Ministry of Justice, 2015. 41p. Source: Internet Resource: Ministry of Justice Analytical Series: Accessed July 30, 2015 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449626/monitoring-early-impacts-of-LASPO-act-2012-onward-immigration-appeals.pdf Year: 2015 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449626/monitoring-early-impacts-of-LASPO-act-2012-onward-immigration-appeals.pdf Shelf Number: 136258 Keywords: Immigrants ImmigrationLegal Aid |
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: 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: U.S. Commission on Civil Rights Title: With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities Summary: The purpose of this report is to comprehensively examine the U.S. Government's compliance with federal immigration laws and detention policies, and also detail evidence regarding possible infringement upon the constitutional rights afforded to detained immigrants. More specifically, this report examines the Department of Homeland Security (DHS) and its component agencies' treatment of detained immigrants in immigration holding, processing, and detention centers throughout the United States. Prior to writing this report, the Commission gathered facts and data to analyze whether DHS, its component agencies, and private detention corporations with whom the federal government contracts to detain immigrants were complying with the Performance Based National Detention Standards, Prison Rape Elimination Act Standards, the Flores Settlement Agreement and other related immigrant child detention policies, and the United States Constitution. During the Commission's January 30, 2015, briefing, the Commission received written and oral testimony from DHS immigration detention officials and advocates detailing the strengths, weaknesses, and constitutional and civil rights implications of the U.S. immigration detention system. In May 2015, the Commission visited Karnes Family Detention Center and Port Isabel Detention Centers - both located in Texas - to corroborate the written and oral evidence the Commission gathered. Based upon an analysis of data gathered from the Commission's fact-gathering visit, evidence collected during panelists' briefing presentations and additional research, the Commission makes numerous findings and recommendations. The Commission's complete findings and recommendations are contained in the report, however the following bear special attention: The Commission recommends that DHS act immediately to release families from detention. The Commission also recommends that Congress should no longer fund family detention and should reduce its funding for immigration detention generally, in favor of alternatives to detention. The Commission found, among other issues, that several DHS immigration detention facilities were not complying with federal mandates and agency policies regarding the treatment of detained immigrants and detained unaccompanied immigrant children. Moreover, the Commission found evidence, both anecdotal and eyewitness that the U.S. Government was interfering with the constitutional rights afforded to detained immigrants. While the U.S. Government made improvements to the U.S. immigration detention system, the Commission, among other numerous suggestions, recommends that the government convene an intergovernmental compliance task force to investigate, analyze, and strengthen compliance regiments carried out by the U.S. Immigrations and Customs Enforcement's (ICE) Removal Operations' Detention Standards Compliance Unit. Moreover, the Commission recommends that the U.S. Government work harder to ensure detainees' access to due process and the right to assistance of counsel under the Fifth Amendment and the Immigration and Nationality Act. Details: Washington, DC: U.S. Commission on Civil Rights, 2015. 276p. Source: Internet Resource: Accessed September 30, 2015 at: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2015.pdf Year: 2015 Country: United States URL: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2015.pdf Shelf Number: 136891 Keywords: Homeland SecurityIllegal ImmigrantsImmigrant DetentionImmigration |
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: United Nations Office on Drugs and Crime, Country Office Pakistan Title: Smuggling of Migrants by Land, Air and Sea in Pakistan: A Review of National Laws and Treaty Compliance Summary: Irregular migration, especially in the form of migrant smuggling and trafficking in persons, and associated criminal activities such as money laundering, document fraud, and corruption, are of imminent concern to Pakistan. Recent reports confirm that Pakistan is simultaneously a sending, transit, and destination point for smuggled migrants. Smuggling of migrants involves the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident. Virtually every country in the world is affected by these crimes. The challenge for all countries, rich and poor, is to target the criminals who take advantage of desperate people and to protect and assist smuggled migrants, many of whom endure unimaginable hardships in their bid for a better life. In response to the emergence of migrant smuggling, the Government of Pakistan has taken some action to develop national strategies to prevent and suppress this crime. Pakistan's Federal Investigation Agency (FIA), as the country's chief national law enforcement agency, has the mandate to prevent and suppress migrant smuggling and is in a unique position to comprehensively combat this phenomenon, along with associated crime such as money laundering, document fraud, and corruption. UNODC, the United Nations Office on Drugs and Crime, is the guardian of the United Nations (UN) Protocol against the Smuggling of Migrant by Land, Air, and Sea (the Migrant Smuggling Protocol)1 and the Convention against Transnational Organised Crime. UNODC leads international efforts to comprehensively prevent and suppress migrant smuggling and protect smuggled migrants. UNODC's Country Office in Islamabad stands ready to assist Pakistan's authorities in their efforts. To this end, in August 2010, UNODC requested the services of independent experts to assess the compliance of national laws and regulations in Pakistan against the requirements of international law and international best practice relating to the smuggling of migrants. The purpose of this report is to identify domestic laws, regulations, and policies in Pakistan relating to migrant smuggling and assess them against the requirements articulated in international law and the standards set by international best practice guidelines. Based on this assessment, recommendations for law reform, policy change, and for further analysis are made. Details: Islamabad : United Nations Office on Drugs and Crime, Country Office Pakistan, 2011. 78p. Source: Internet Resource: Accessed November 25, 2015 at: https://www.unodc.org/documents/pakistan//2011.10.00_Laws_relating_to_Migrant_Smuggling_in_Pakistan_final.pdf Year: 2011 Country: Pakistan URL: https://www.unodc.org/documents/pakistan//2011.10.00_Laws_relating_to_Migrant_Smuggling_in_Pakistan_final.pdf Shelf Number: 137339 Keywords: Human SmugglingIllegal ImmigrationImmigrationMigrant SmugglingMigrantsOrganized Crime |
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: Cantor, Guillermo Title: Hieleras (Iceboxes) in the Rio Grande Valley Sector: Lengthy Detention, Deplorable Conditions, and Abuse in CBP Holding Cells Summary: Each year, the Border Patrol-a division of U.S. Customs and Border Protection (CBP) - holds hundreds of thousands of individuals in detention facilities near the U.S. southern border. These facilities are not designed for overnight custody, and yet they are routinely used in this way. Until recently, CBP policy was clear that these facilities were to serve exclusively as short-term holding cells-meaning that a person should be held there less than 12 hours. Evidence presented in this report, which pertains to Border Patrol holding cells in the Rio Grande Valley (RGV) Sector, reveals that, instead, individuals are routinely held for days. In October 2015, CBP updated its guidance on how long it may detain individuals. The new guidance states that "short-term" detention generally should last no longer than 72 hours. Notably, however, no structural changes have been made to the facilities. These facilities, which are often referred to as "hieleras" (Spanish for "freezers" or "iceboxes"), remain wholly inadequate for any overnight detention. Moreover, the conditions are reprehensible, even with respect to truly short-term detention. In addition to the fact that there are no beds in the holding cells, these facilities are extremely cold, frequently overcrowded, and routinely lacking in adequate food, water, and medical care. Recent accounts from families held in short-term facilities also demonstrate that Border Patrol officers harass and ridicule individuals in their custody and separate mothers from their minor children. This report focuses on two aspects of detention in CBP facilities in RGV. First, based on never-before-released government data and documents obtained through the Freedom of Information Act (FOIA), it examines length of detention. Second, analyzing new survey data from the Binational Defense and Advocacy Program (in Spanish, Programa de Defensa e Incidencia Binacional, or PDIB), as well as declarations from a sample of women who were recently detained in RGV facilities, it sheds light on the conditions of detention that are prevalent in Border Patrol holding cells in the RGV sector. Government data show that during the months of August, September, October, and December of 2013, on average, 1173 individuals were detained in RGV facilities at any given time. Also, on average, 212 individuals were held in custody for over 72 hours at any given time. The share of individuals detained for over 72 hours ranged from 2.3 percent of all detainees at its lowest point to 42.5 percent at its peak. A significant number of individuals were held in detention even after their CBP "processing" was completed - meaning that these individuals were ready to be released or transferred to another federal agency. These data reveal that the Border Patrol regularly uses holding cells to detain people for prolonged periods, forcing men, women, and children to sleep on concrete floors and hard benches in holding cells that have no beds and are not equipped for sleeping. Additionally, our analysis of the PDIB survey data collected between June and November 2015 reveals that previously reported issues such as extreme temperatures, overcrowding, and inadequate food are routine. Three out of every four individuals detained in the RGV sectors reported having been exposed to extremely cold temperatures. Everyone who was held in detention in the RGV sector agreed that there was not enough space in the holding cell to lie down, and all but one indicated that there was not enough space for people to sit down. Almost all of the interviewees who were detained in RGV asserted that the food they received while detained was insufficient. In an effort to better illustrate the conditions individuals experience while in detention, the report also analyzes personal accounts of women who were held in CBP facilities in the Border Patrol RGV Sector. These accounts, shared by women who were held in Border Patrol cells in October or November 2015, reveal the markedly dehumanizing conditions to which these women were subjected while in Border Patrol custody. Recurring themes include overcrowding, separation of mothers from their children, inadequate access to medication and/or medical care, extreme temperature, lack of access to showers, food insufficiency, and sleep deprivation. Details: Washington, DC: American Immigration Council, 2015. 31p. Source: Internet Resource: Accessed January 11, 2016 at: http://www.immigrationpolicy.org/sites/default/files/docs/hieleras_iceboxes_in_the_rio_grande_valley_sector.pdf Year: 2015 Country: United States URL: http://www.immigrationpolicy.org/sites/default/files/docs/hieleras_iceboxes_in_the_rio_grande_valley_sector.pdf Shelf Number: 137460 Keywords: Border PatrolBorder SecurityIllegal ImmigrantsImmigrant DetentionImmigrationImmigration Enforcement |
Author: European Parliament. Directorate-General for Internal Policies. Policy Department C Citizens' Rights and Constitutional Affairs Title: Fit for Purpose? The Facilitation Directive and the Criminalisation of Humanitarian Assistance to Irregular Migrants Summary: This study assesses the implementation of the humanitarian exception provisions of the Facilitation Directive and their impact on irregular migrants, along with the organisations and individuals providing assistance to them within EU member states. It maps the existing international and EU legal frameworks on people smuggling and their implementation in the national law of selected member states, assessing them against international, supranational and regional human rights instruments as well as the EU Charter. It subsequently gathers and presents data on the prosecution and conviction rates of those who have provided humanitarian assistance to irregular migrants and identifies important knowledge gaps and methodological caveats. Drawing on primary survey data, this study also explores the material, direct and perceived effects of the Facilitation Directive from the perspective of civil society and local authorities. It identifies the practical challenges and experiences of cities and civil society arising from implementation of the Facilitation Directive and puts forward a series of policy recommendations to the European Parliament for improving and amending the Directive. The study aims at enhancing the European Parliament's ability to make sound, evidence-based policy directed towards key stakeholders in this area and at strengthening its important role in ensuring democratic accountability at a time when the 'Facilitators' Package' is under revision Details: Luxembourg: European Parliament, 2016. 132p. Source: Internet Resource: Accessed February 1, 2016 at: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/536490/IPOL_STU(2016)536490_EN.pdf Year: 2016 Country: Europe URL: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/536490/IPOL_STU(2016)536490_EN.pdf Shelf Number: 137719 Keywords: Human Rights AbusesHuman SmugglingIllegal ImmigrantsImmigration |
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: Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration Summary: Since FY2008, the growth in the number of unaccompanied alien children (UAC) from Mexico, El Salvador, Guatemala, and Honduras seeking to enter the United States has increased substantially. Total unaccompanied child apprehensions increased from about 8,000 in FY2008 to 52,000 in the first 8 1/2 months of FY2014. Since 2012, children from El Salvador, Guatemala, and Honduras (Central America's "northern triangle") account for almost all of this increase. Apprehension trends for these three countries are similar and diverge sharply from those for Mexican children. Unaccompanied child migrants' motives for migrating to the United States are often multifaceted and difficult to measure analytically. Four recent out-migration-related factors distinguishing northern triangle Central American countries are high violent crime rates, poor economic conditions fueled by relatively low economic growth rates, high rates of poverty, and the presence of transnational gangs. In 2012, the homicide rate per 100,000 inhabitants stood at 90.4 in Honduras (the highest in the world), 41.2 in El Salvador, and 39.9 in Guatemala. International Monetary Fund reports show economic growth rates in the northern triangle countries in 2013 ranging from 1.6% to 3.5%, relatively low compared with other Central American countries. About 45% of Salvadorans, 55% of Guatemalans, and 67% of Hondurans live in poverty. Surveys in 2013 indicate that almost half of all unaccompanied children experienced serious harm or threats by organized criminal groups or state actors, and one-fifth experienced domestic abuse. In 2011, Mexico passed legislation to improve migration management and ensure the rights of migrants transiting the country. According to many migration experts, implementation of the laws has been uneven. Some have questioned whether passage of such legislation has affected in some way the recent flows of unaccompanied children. However, the impact of such laws remains unclear. Although economic opportunity may motivate some unaccompanied children to migrate to the United States, labor market conditions for low-skilled minority youth have worsened in recent years, even as industrial sectors employing low-skilled workers enjoy improved economic prospects. Educational opportunities may also provide a motivating factor to migration as perceptions of free and safe education may be widespread among the young. Family reunification is reported to be one of the key motives of unaccompanied children. Many have family members among the sizable Salvadoran, Guatemalan, and Honduran foreign-born populations residing in the United States. While the impacts of actual and perceived U.S. immigration policies have been widely debated, it remains unclear if, and how, specific immigration policies have motivated children to migrate to the United States. Misperceptions about U.S. policies may be a contributing factor. The existence of long-standing humanitarian relief policies confounds causal links between them and the recent surge in unaccompanied children. A notable and recent exception is revised humanitarian relief provisions for unaccompanied children included in the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, which affects asylum claims, trafficking victim protections, and eligibility for Special Immigrant Juvenile Status. Some argue that unaccompanied children and their families falsely believe they would be covered under the Deferred Action for Childhood Arrivals (DACA) initiative and legalization provisions in proposed comprehensive immigration reform (CIR) legislation. Details: Washington, DC: Congressional Research Services, 2014. 25p. Source: Internet Resource: R43628: Accessed March 12, 2016 at: https://fas.org/sgp/crs/homesec/R43628.pdf Year: 2014 Country: United States URL: https://fas.org/sgp/crs/homesec/R43628.pdf Shelf Number: 138183 Keywords: AsylumChild Protection Deferred Action for Childhood Arrivals (DACA)Illegal Immigrants Illegal Immigration Immigrant Detention ImmigrationUnaccompanied Alien Children |
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: U.S. Government Accountability Office Title: Unaccompanied Children: HHS Should Improve Monitoring and Information Sharing Policies to Enhance Child Advocate Program Effectiveness Summary: Thousands of unaccompanied children arrive in the United States each year. For a small number of especially vulnerable children - about 1 percent in fiscal year 2015 - ORR provides an independent child advocate to develop safety and well-being recommendations to stakeholders, such as immigration judges. The Violence Against Women Reauthorization Act of 2013 directed HHS to expand the program and included a provision for GAO to review the child advocate program. This report examines (1) the extent to which ORR increased the number of program locations, (2) the extent to which ORR ensured vulnerable children received advocate services, and (3) the program's benefits and challenges. GAO reviewed relevant federal laws and regulations; analyzed data from fiscal years 2012-2015 on the number and characteristics of child advocate cases served and recommendations made to stakeholders; and interviewed officials at ORR and the Department of Justice's immigration judges, and child advocate service providers in Chicago, Ill.; Brownsville, Tex.; and Washington, D.C. - selected to obtain variation in the number of children served and amount of time the program was operational, among other factors. What GAO Recommends GAO recommends that ORR improve its efforts to monitor care provider referrals and contractor decisions, and ensure that the contractor has timely access to key information on the children. HHS agreed with GAO's recommendations. Details: Washington, DC: GAO, 2016. 54p. Source: Internet Resource: GAO-16-367: Accessed April 20, 2016 at: http://www.gao.gov/assets/680/676687.pdf Year: 2016 Country: United States URL: http://www.gao.gov/assets/680/676687.pdf Shelf Number: 138702 Keywords: Child MigrantsChild ProtectionImmigrationUnaccompanied Children |
Author: National Immigration Law Center Title: Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond Summary: The federal government has long interpreted the immigration laws to mean that immigrants have a right to be represented by counsel in their deportation proceedings, but not at government expense. Making the right to counsel a reality is an imperative for all immigrants in removal proceedings, but the situation is even more critical for detained immigrants. As this report shows, the very circumstances of detention make that right a legal fiction for almost all detained immigrants. Mounting empirical data show that having a lawyer to help navigate the complex maze of the immigration detention and court systems makes a profound difference in a person's ability to gain release from detention, challenge the government's grounds for seeking their deportation, and present and win a defense that allows the person to remain in the U.S. Innovative projects in New York and New Jersey have begun to provide what we are calling in this report "universal representation," i.e., representation to any detained immigrant within the jurisdiction of a particular immigration court who does not have a private lawyer and who meets certain income requirements. Inspired by these examples, other localities across the country are examining how they can develop similar programs. Details: Los Angeles: National Immigration Law Center, 2016. 48p. Source: Internet Resource: Accessed April 23, 2016 at: https://www.nilc.org/wp-content/uploads/2016/04/Right-to-Counsel-Blazing-a-Trail-2016-03.pdf Year: 2016 Country: United States URL: https://www.nilc.org/wp-content/uploads/2016/04/Right-to-Counsel-Blazing-a-Trail-2016-03.pdf Shelf Number: 138782 Keywords: Immigrant DetentionImmigrationImmigration EnforcementLegal AidRight to CounselUndocumented Immigrants |
Author: Missing Children Europe Title: Best practices and key challenges on interagency cooperation to safeguard unaccompanied children from going missing Summary: On 31 January 2016, Europol reported that 10,000 unaccompanied children are unaccounted for after arriving in Europe, with many feared to be exploited and abused for sexual or labour purposes. While systematic and comprehensive data on the disappearance of unaccompanied children in Europe is unavailable to date, it is clear that the rate of children that go missing from care facilities is staggering - and continues to increase in the recent refugee crisis. In 2015, the Swedish coastal town of Trellerborg reported that 1000 out of the 1900 who had arrived in the town had gone missing within the span of a month. The Italian Ministry of Welfare declared that 62% of the children that had arrived between January and May 2015 were unaccounted for. In January 2016, the Federal Criminal Police (BKA) reported that 4749 unaccompanied child and adolescent refugees are considered to be missing, of which 431 were younger than 13-years-old. Each and every one of these children is a child with hopes, dreams and fears, who are entitled to the same human rights as the rest of us. The vast majority have arrived in Europe following long and difficult journeys over land and sea, having left their home because of conflict, war or poverty. Some have been separated from their families during the journey. Some others have been sent to Europe by their parents, who stay behind hoping their child will find a better future in Europe. Once in Europe, some children go missing from care facilities with a specific migration plan in mind, often linked to a wish to be reunited with family members in other Member States. Many run away because of the fear of being sent back to the situation they tried to escape from, or to avoid an unwanted Dublin transfer. Others are groomed by traffickers and end up being exploited in prostitution, forced labour or begging. Irrespective of the reason why they go missing, many of them slip through the net of child protection systems in place that increases the risk of children becoming victims of violations of their basic human rights. Protecting these children is a shared responsibility of all EU Member States, at the level of law enforcement authorities, guardians, reception centres, hotline professionals and more. Too often failing cooperation and coordination, nationally and transnationally, between these stakeholders becomes an obstacle to achieving what we ultimately all aim to do: bringing these children to safety and protecting them from harm. The SUMMIT project coordinated by Missing Children Europe in partnership with the University of Portsmouth (UK), NIDOS (NL), Defence for children-ECPAT (NL), TUSLA (IR), KMOP (EL) and Child Circle (BE), and with the support of the European Commission, aims to contribute to improving effective interagency cooperation in preventing and responding to the disappearance of unaccompanied children. The current report provides for a first deliverable in the project: the analysis and findings of interviews conducted with grassroots practitioners in 7 EU Member States. These findings highlight a number of challenges encountered by professionals working for the protection of unaccompanied children, but also several good practices On 31 January 2016, Europol reported that 10,000 unaccompanied children are unaccounted for after arriving in Europe, with many feared to be exploited and abused for sexual or labour purposes. While systematic and comprehensive data on the disappearance of unaccompanied children in Europe is unavailable to date, it is clear that the rate of children that go missing from care facilities is staggering - and continues to increase in the recent refugee crisis. In 2015, the Swedish coastal town of Trellerborg reported that 1000 out of the 1900 who had arrived in the town had gone missing within the span of a month. The Italian Ministry of Welfare declared that 62% of the children that had arrived between January and May 2015 were unaccounted for. In January 2016, the Federal Criminal Police (BKA) reported that 4749 unaccompanied child and adolescent refugees are considered to be missing, of which 431 were younger than 13-years-old. Each and every one of these children is a child with hopes, dreams and fears, who are entitled to the same human rights as the rest of us. The vast majority have arrived in Europe following long and difficult journeys over land and sea, having left their home because of conflict, war or poverty. Some have been separated from their families during the journey. Some others have been sent to Europe by their parents, who stay behind hoping their child will find a better future in Europe. Once in Europe, some children go missing from care facilities with a specific migration plan in mind, often linked to a wish to be reunited with family members in other Member States. Many run away because of the fear of being sent back to the situation they tried to escape from, or to avoid an unwanted Dublin transfer. Others are groomed by traffickers and end up being exploited in prostitution, forced labour or begging. Irrespective of the reason why they go missing, many of them slip through the net of child protection systems in place that increases the risk of children becoming victims of violations of their basic human rights. Protecting these children is a shared responsibility of all EU Member States, at the level of law enforcement authorities, guardians, reception centres, hotline professionals and more. Too often failing cooperation and coordination, nationally and transnationally, between these stakeholders becomes an obstacle to achieving what we ultimately all aim to do: bringing these children to safety and protecting them from harm. The SUMMIT project coordinated by Missing Children Europe in partnership with the University of Portsmouth (UK), NIDOS (NL), Defence for children-ECPAT (NL), TUSLA (IR), KMOP (EL) and Child Circle (BE), and with the support of the European Commission, aims to contribute to improving effective interagency cooperation in preventing and responding to the disappearance of unaccompanied children. The current report provides for a first deliverable in the project: the analysis and findings of interviews conducted with grassroots practitioners in 7 EU Member States. These findings highlight a number of challenges encountered by professionals working for the protection of unaccompanied children, but also several good practices Details: Brussels: Missing Children Europe, 2016. 110p. Source: Internet Resource: Summit Report: Accessed April 23, 2016 at: http://missingchildreneurope.eu/Portals/0/Docs/Best%20practices%20and%20key%20challenges%20for%20interagency%20cooperation%20to%20safeguard%20unaccompanied%20migrant%20children%20from%20going%20missing.pdf Year: 2016 Country: Europe URL: http://missingchildreneurope.eu/Portals/0/Docs/Best%20practices%20and%20key%20challenges%20for%20interagency%20cooperation%20to%20safeguard%20unaccompanied%20migrant%20children%20from%20going%20missing.pdf Shelf Number: 138792 Keywords: ImmigrationMissing ChildrenUnaccompanied ChildrenUndocumented Immigrants |
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: Burt, Geoff Title: Deportation, Circular Migration and Organized Crime: Honduras Case Study Summary: This research report examines the impact of criminal deportation to Honduras on public safety in Canada. It focuses on two forms of transnational organized crime that provide potential, though distinct, connections between the two countries: the youth gangs known as the maras, and the more sophisticated transnational organized crime networks that oversee the hemispheric drug trade. In neither case does the evidence reveal direct links between criminal activity in Honduras and criminality in Canada. While criminal deportees from Canada may join local mara factions, they are unlikely to be recruited by the transnational networks that move drugs from South America into Canada. The relatively small numbers of criminal deportees from Canada, and the difficulty of returning once deported, further impede the development of such threats. As a result, the direct threat to Canadian public safety posed by offenders who have been deported to Honduras is minimal. The report additionally examines the pervasive violence and weak institutional context to which deportees return. The security and justice sectors of the Honduran government are clearly overwhelmed by the violent criminality afflicting the country, and suffer from serious corruption and dysfunction. Given the lack of targeted reintegration programs for criminal returnees, deportation from Canada and the United States likely exacerbates the country's insecurity. The report concludes with a number of possible policy recommendations by which Canada can reduce the harm that criminal deportation poses to Honduras, and strengthen state institutions so that they can prevent the presently insignificant threats posed to Canada by Honduran crime from growing in the future. Details: Ottawa: Public Safety Canada, 2016. 34p. Source: Internet Resource: Research Report: 2016-R006: Accessed May 4, 2016 at: http://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2016-r006/2016-r006-en.pdf Year: 2016 Country: Honduras URL: http://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2016-r006/2016-r006-en.pdf Shelf Number: 138914 Keywords: Deportation Immigrants and Crime ImmigrationOrganized Crime Violence Violent Crime Youth Gangs |
Author: Shaw, Stephen Title: Review into the Welfare in Detention of Vulnerable Persons Summary: This is the report of an independent review by Stephen Shaw that was commissioned on behalf of the Home Secretary. It examines Home Office policies and operating procedures that affect the welfare of immigration detainees. It also includes a list of recommendations to the Home Office to improve the welfare of vulnerable persons in immigration removal centres. Details: London: Home Office, 2016. 349p. Source: Internet Resource: Cm 9186: Accessed May 11, 2016 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490782/52532_Shaw_Review_Accessible.pdf Year: 2016 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490782/52532_Shaw_Review_Accessible.pdf Shelf Number: 138968 Keywords: Immigrant Detention ImmigrationUndocumented Immigrants |
Author: Lampard, Kate Title: Independent investigation into concerns about Yarl's Wood Immigration removal centre Summary: An independent report published today into the culture and practices at Yarl's Wood Immigration Removal Centre ('Yarl's Wood') has found there is not an endemic culture of abuse nor a hidden problem of inappropriate behaviour by staff at the centre. The report, commissioned by Serco following a series of allegations, did however find serious concerns with staffing arrangements including capacity, training, and an inadequate proportion of female officers to care for women at the centre, and has made 35 recommendations for improvement. The investigation, by Kate Lampard CBE and Ed Marsden from Verita, highlighted both the challenges of running Yarl's Wood and the concerns and experiences of the residents living there whilst their immigration applications are processed. Further specific issues identified by the investigating team as needing improvement, include: the physical environment and access to outside space; the availability of meaningful activities and education programmes for residents; weaknesses in safeguarding arrangements and policies; inconsistent policies and underdeveloped practice in relation to raising concerns and whistle blowing; the choice and quality of the food available; and training, development and appraisal of staff. In addition the report makes recommendations aimed at ensuring greater transparency and openness about Yarl's Wood, noting how there is a disparity between perceptions and the reality of how the centre is managed and run. Details: London: Verita Consultants, 2016. Source: Internet Resource: Accessed May 11, 2016 at: http://www.yarlswood.co.uk/news/view/an-independent-investigation-into-concerns-about-yarls-wood-immigration-rem Year: 2016 Country: United Kingdom URL: http://www.yarlswood.co.uk/news/view/an-independent-investigation-into-concerns-about-yarls-wood-immigration-rem Shelf Number: 139007 Keywords: Asylum SeekersImmigrant DetentionImmigrationImmigration EnforcementUndocumented Immigrants |
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: Cantor, Guillermo Title: Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families Summary: Over the last few years, the escalation of violence in Honduras, El Salvador, and Guatemala (collectively known as the Northern Triangle of Central America) has reached dramatic levels. Thousands of women and their children have fled and arrived in the United States with the hope of finding protection. But for many of them, their attempts to escape merely resulted in detention, deportation, and extremely difficult reintegration in Central America. In fact, for some, the conditions they face upon being repatriated are worse than those they tried to escape in the first place. Between February and May, 2016, the American Immigration Council interviewed eight individuals who were deported (or whose partners were deported) from the United States after being detained in family detention facilities, during which time they came into contact with the CARA Pro Bono Project. These women (or in two of the cases, their partners) shared their experiences - both describing what has happened to them and their children since returning to their country and recounting the detention and deportation process from the United States. First-hand accounts from Central American women and their family members interviewed for this project reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries, as well as serious problems in the deportation process. The testimonies describe how women are living in hiding, fear for their own and their children's lives, have minimal protection options, and suffer the consequences of state weakness and inability to ensure their safety in the Northern Triangle. The stories presented in this report are those of a fraction of the women and children who navigate a formidable emigration-detention-deportation process in their pursuit of safety. The process and systems through which they passed only contribute to the trauma, violence, and desolation that many Central American families already endured in their home country. Details: Washington, DC: American Immigration Council, 2016. 35p. Source: Internet Resource: Accessed May 18, 2016 at: http://immigrationpolicy.org/sites/default/files/docs/detained_deceived_deported_experiences_of_recently_deported_central_american_families.pdf Year: 2016 Country: United States URL: http://immigrationpolicy.org/sites/default/files/docs/detained_deceived_deported_experiences_of_recently_deported_central_american_families.pdf Shelf Number: 139086 Keywords: Immigrant DeportationImmigrant DetentionImmigrationUndocumented Immigrants |
Author: Asia Pacific Mission for Migrants Title: NGO Shadow Report on Labor Trafficking in Taiwan: 2011 Summary: This shadow report contains the results of monitoring and investigation on the ground regarding the implementation of the anti-trafficking law by Taiwan authorities. It also contains the consolidated voices of migrant workers and advocate institutions as well as the views of various government officials both of Taiwan and the sending countries on the labor trafficking situation in Taiwan. Details: Hong Kong: Asia Pacific Mission for Migrants, 2013. 45p. Source: Internet Resource: Accessed May 5, 2016 at: http://www.apmigrants.org/articles/researches/Taiwan%202011%20Shadow%20Report_Eng.pdf Year: 2013 Country: Taiwan URL: http://www.apmigrants.org/articles/researches/Taiwan%202011%20Shadow%20Report_Eng.pdf Shelf Number: 139155 Keywords: Forced Labor Human Trafficking ImmigrationMigrants |
Author: U.S. Government Accountability Office Title: Immigration Detention: Additional Actions Needed to Strengthen DHS Management of Short-Term Holding Facilities Summary: The Department of Homeland Security (DHS) is responsible for providing safe, secure, and humane confinement for detained aliens who may be subject to removal or have been ordered removed from the United States. For example, during fiscal years 2014 and 2015, Border Patrol apprehended 823,768 aliens and held them temporarily in holding facilities. GAO was asked to examine DHS's management and oversight of holding facilities. This report examines the extent to which DHS has (1) standards in place for the short-term custody of aliens and monitors compliance with established standards and (2) processes in place for obtaining and addressing complaints from aliens in holding facilities. GAO reviewed CBP and ICE data on time in custody and complaints. GAO also interviewed agency officials and visited 32 holding facilities selected based on geographical location and facility type, among other factors. The visit results are not generalizable, but provided insight to the oversight of holding facilities and management of complaints. What GAO Recommends GAO recommends that DHS establish a process to assess time in custody data for all individuals in holding facilities; issue guidance on how and which complaint mechanisms should be communicated to individuals in short-term custody; include a classification code in all complaint tracking systems related to DHS holding facilities; and develop a process for analyzing trends related to holding facility complaints. DHS concurred with the recommendations and identified planned actions. Details: Washington, DC: GAO, 2016. 41p. Source: Internet Resource: GAO-16-514: Accessed May 27, 2016 at: http://www.gao.gov/assets/680/677484.pdf Year: 2016 Country: United States URL: http://www.gao.gov/assets/680/677484.pdf Shelf Number: 139230 Keywords: Homeland SecurityIllegal Immigrants Immigrant Detention Immigration Immigration PolicyUndocumented Immigrants |
Author: Human Rights Watch Title: Closed Doors: Mexico's Failure to Protect Central American Refugee and Migrant Children Summary: Tens of thousands of children flee Central America's Northern Triangle - El Salvador, Guatemala, and Honduras - each year, on their own or with family members, because they have been pressured to join local gangs, threatened with sexual violence and exploitation, held for ransom, subjected to extortion, or suffer domestic violence. Mexican law provides for refugee protection for children and adults who face persecution or other threats to their lives and safety in their home countries. Even so, less than 1 percent of the children who are apprehended by Mexican immigration authorities are recognized as refugees. Closed Doors examines the reasons for this gulf between the need for protection and Mexico's low refugee recognition rates, detailing the formidable obstacles children face in even applying for recognition. Immigration agents frequently fail to inform them of their rights and do not adequately screen them for possible refugee claims. They do not receive state-appointed lawyers or other government assistance in preparing applications for refugee recognition. More dauntingly, most are held in prison-like conditions, leading many children to accept deportation to avoid protracted time in detention. The report concludes with specific steps Mexico should take to address these shortcomings. Mexican authorities should ensure that children have effective access to refugee recognition procedures and end immigration detention of children; and they should provide appropriate care and protection for unaccompanied migrant children by identifying the housing arrangements that are most consistent with their best interests. Details: New York: HRW, 2016. 164p. Source: Internet Resource: Accessed June 7, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/mexico0316web_0.pdf Year: 2016 Country: Mexico URL: https://www.hrw.org/sites/default/files/report_pdf/mexico0316web_0.pdf Shelf Number: 139305 Keywords: AsylumHuman RightsImmigrant ChildrenImmigrationRefugeesUnaccompanied Children |
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: Great Britain. House of Lords. European Union Committee Title: Operation Sophia: the EU's naval mission in the Mediterranean: an impossible challenge Summary: Since 2014, Europe has been struggling to respond to an exceptional number of irregular but voluntary migrants 2 seeking to cross European borders. On 19 April 2015, off-the-coast of the Italian island of Lampedusa, a boat carrying nearly 700 migrants capsized and almost all its passengers drowned. The Lampedusa tragedy changed EU policy. Four days later, the European Council pledged to take steps to prevent further loss of life at sea, fight the people smugglers and prevent illegal migration flows. In May, a new naval mission-Operation Sophia-was deployed in the central Mediterranean. It currently patrols a vast area of the high seas off the coast of Libya to Italy, gathering information, rescuing migrants, and destroying boats used by smugglers. Critics suggested that search and rescue activity by Operation Sophia would act as a magnet to migrants and ease the task of smugglers, who would only need their vessels to reach the high seas; these propositions have some validity. On the other hand, search and rescue are, in our view, vital humanitarian obligations. We commend Operation Sophia for its success in this task. The mission does not, however, in any meaningful way deter the flow of migrants, disrupt the smugglers' networks, or impede the business of people smuggling on the central Mediterranean route. The arrests that Operation Sophia has made to date have been of low-level targets, while the destruction of vessels has simply caused the smugglers to shift from using wooden boats to rubber dinghies, which are even more unsafe. There are also significant limits to the intelligence that can be collected about onshore smuggling networks from the high seas. There is therefore little prospect of Operation Sophia overturning the business model of people smuggling. The weakness of the Libyan state has been a key factor underlying the exceptional rate of irregular migration on the central Mediterranean route in recent years. While plans for two further phases would see Operation Sophia acting in Libyan territorial waters and onshore, we are not confident that the new Libyan Government of National Accord will be in a position to work closely with the EU and its Member States any time soon. In other words, however valuable as a search and rescue mission, Operation Sophia does not, and we argue, cannot, deliver its mandate. It responds to symptoms, not causes. Details: London: House of Lords, 2016. 43p. Source: Internet Resource: HP Paper 144: Accessed July 13, 2016 at: http://www.publications.parliament.uk/pa/ld201516/ldselect/ldeucom/144/144.pdf Year: 2016 Country: United Kingdom URL: http://www.publications.parliament.uk/pa/ld201516/ldselect/ldeucom/144/144.pdf Shelf Number: 139636 Keywords: Human SmugglingHuman TraffickingIllegal ImmigrantsImmigrationMigrants |
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: Bhui, Hindpal Singh Title: Can Inspection Produce Meaningful Change in Immigration Detention? Summary: Although prison inspection in the United Kingdom has a long history, inspection of immigration detention was properly established only in 2004. Her Majesty's Inspectorate of Prisons (HMIP), a government-appointed independent human rights-based monitoring institution, holds this responsibility. In this GDP Working Paper, a lead HMIP inspector discusses the nature and impact of the Inspectorate's work, examining both the theory and practice of inspection. The paper places the discussion in the broader context of prison reform and debates on migration and border controls. The author argues that in liberal-democratic societies there are two broad approaches to promoting human rights reforms and challenging abuses: working from the inside to achieve progress with the risk that principles may be compromised and good intentions confounded; or promoting change from the outside, which is more uncompromising but less influential, at least in the short-term. This is a dilemma that confronts human rights based inspection of immigration detention in the UK. The main focus of HMIP is on improving the treatment of detainees and conditions in detention, not challenging the system of detention, even if immigration detention policy arguably lacks legitimacy in a way that criminal imprisonment does not. The author explores the "effectiveness" of detention inspection and whether inspection can be said to have promoted meaningful change. Details: Geneva, SWIT: Global Detention Project, 2016. 19p. Source: Internet Resource: Working Paper No. 12: Accessed July 25, 2016 at: https://www.globaldetentionproject.org/wp-content/uploads/2016/05/bhui_gdp_working_paper_may_2016.pdf Year: 2016 Country: United Kingdom URL: https://www.globaldetentionproject.org/wp-content/uploads/2016/05/bhui_gdp_working_paper_may_2016.pdf Shelf Number: 139833 Keywords: Detention FacilitiesHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrationMigrants |
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: Nowrasteh, Alex Title: Terrorism and Immigration: A Risk Analysis Summary: Terrorism is a hazard to human life and material prosperity that should be addressed in a sensible manner whereby the benefits of actions to contain it outweigh the costs. Foreign-born terrorists who entered the country, either as immigrants or tourists, were responsible for 88 percent (or 3,024) of the 3,432 murders caused by terrorists on U.S. soil from 1975 through the end of 2015. This paper presents the first terrorism risk analysis of the visa categories those foreign-born terrorists used to enter the United States. Including those murdered in the terrorist attacks of September 11, 2001 (9/11), the chance of an American perishing in a terrorist attack on U.S. soil that was committed by a foreigner over the 41-year period studied here is 1 in 3.6 million per year. The hazard posed by foreigners who entered on different visa categories varies considerably. For instance, the chance of an American being murdered in a terrorist attack caused by a refugee is 1 in 3.64 billion per year while the chance of being murdered in an attack committed by an illegal immigrant is an astronomical 1 in 10.9 billion per year. By contrast, the chance of being murdered by a tourist on a B visa, the most common tourist visa, is 1 in 3.9 million per year. Any government response to terrorism must take account of the wide range of hazards posed by foreign-born terrorists who entered under various visa categories. The federal government has an important role to play in screening foreigners who enter the United States, and to exclude those who pose a threat to the national security, safety, or health of Americans. This terrorism risk analysis of individual visa categories can aid in the efficient allocation of scarce government security resources to those categories that are most exploitable by terrorists. The hazards posed by foreign-born terrorists are not large enough to warrant extreme actions like a moratorium on all immigration or tourism. Details: Washington, DC: CATO Institute, 2016. 28p. Source: Internet Resource: Policy Analysis no. 798: Accessed September 30, 2016 at: http://object.cato.org/sites/cato.org/files/pubs/pdf/pa798_1_1.pdf Year: 2016 Country: United States URL: http://object.cato.org/sites/cato.org/files/pubs/pdf/pa798_1_1.pdf Shelf Number: 140532 Keywords: Immigrants Immigration ImmigrationRisk Analysis Terrorism |
Author: Immigration and Refugee Board of Canada. Research Directorate Title: The Situation of Women Victims of Violence and of Sexual Minorities in El Salvador Summary: In 2013, Canada and the United States began working together to identify opportunities to establish new modes of cooperation in the areas of asylum and immigration; this collaboration is known as the Asylum Cooperation Action Plan (ACAP). The ACAP, through the department of Immigration, Refugees and Citizenship Canada (IRCC), approached the Immigration and Refugee Board (IRB) of Canada to seek the IRB's interest in supporting the capacity building activities to be undertaken in the Americas with the objective of improving asylum systems in the region. In May 2015, the Deputy Chairperson of the IRB's Refugee Protection Division (RPD) participated in a meeting between Canada, Mexico and the United States, where it was agreed that the IRB would undertake a number of activities to support the development of quality refugee status determination by Mexico. One of these activities involved IRB participation in a joint information-gathering mission (henceforth referred to as the "mission") to El Salvador, in conjunction with representatives from the United States Citizenship and Immigration Services (USCIS), the Mexican government's Commission for Refugee Aid (Comision Mexicana de Ayuda a Refugiados, COMAR), and the Secretariat of Foreign Affairs (Secretaria de Relaciones Exteriores, SRE) of Mexico, under the auspices of the United Nations High Commissioner for Refugees (UNHCR) in Mexico and El Salvador. A representative of the Mexican Embassy in San Salvador also participated. The joint mission was carried out from 11 to 15 April 2016. Following the completion of the joint mission, the IRB conducted its own research for one further week in El Salvador. The purpose of this was to meet with additional expert sources not included in the joint mission agenda due to time constraints, to gather corroborating and contrasting information, and to enable the IRB's Research Directorate to develop new contacts, strengthen existing ones, and obtain information uniquely needed to support the IRB's decision-making on refugee status determination now or in the future. The purpose of the mission to El Salvador was to gather information related to state efforts to combat crime; the structure of criminal gangs, their areas of operation, activities, and recruitment practices; the situation of gender-based and domestic violence against women; the situation of LGBTI (lesbian, gay, bisexual, trans, and/or intersex) people; and the efficacy of the police and judiciary to provide recourse to victims of crime, investigate and prosecute crimes. This report summarizes the information gathered by the representatives of the IRB during both the joint mission and during the IRB's additional week of research. Details: Ottawa: The Board, 2016. 27p. Source: Internet Resource: El Salvador: Information Gathering Mission Report - Part 2: Accessed November 8, 2016 at: http://www.irb-cisr.gc.ca/Eng/ResRec/NdpCnd/Pages/Salvador-2016P2.aspx Year: 2016 Country: El Salvador URL: http://www.irb-cisr.gc.ca/Eng/ResRec/NdpCnd/Pages/Salvador-2016P2.aspx Shelf Number: 146284 Keywords: Asylum SeekersDomestic ViolenceGangsGender-Related ViolenceImmigrationViolence Against Women, Girls |
Author: Manuel, Kate M. Title: State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present Summary: States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the exclusion and removal of unauthorized aliens. Some states and localities, concerned that federal enforcement disrupts families and communities, or infringes upon human rights, have adopted 'sanctuary' policies limiting their cooperation in federal efforts. Other states and localities, in contrast, concerned about the costs of providing benefits or services to unauthorized aliens, or such aliens settling in their communities, have adopted measures to deter unauthorized aliens from entering or remaining within their jurisdiction. In some cases, such states or localities have also sued to compel federal officials to enforce the immigration laws, or to compensate them for costs associated with unauthorized migration. This report provides an overview of challenges by states to federal officials' alleged failure to enforce the INA or other provisions of immigration law. It begins by discussing (1) the lawsuits filed by six states in the mid-1990s; (2) Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and (3) Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 25 states or state officials in December 2014 to the Obama Administration's proposal to expand DACA and create a similar program for unauthorized aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs) (commonly known as DAPA)." Details: Washington, DC: U.S. Congressional Research Service, 2016. 23p. Source: Internet Resource: Accessed November 10, 2016 at: https://www.fas.org/sgp/crs/homesec/R43839.pdf Year: 2016 Country: United States URL: https://www.fas.org/sgp/crs/homesec/R43839.pdf Shelf Number: 146677 Keywords: Border SecurityCriminal AliensIllegal ImmigrantsImmigrationImmigration EnforcementImmigration PolicySanctuary Cities |
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: Southern Poverty Law Center Title: Shadow Prisons: Immigrant Detention in the South Summary: Just days after winning election, President-elect Donald Trump announced that he intends to round up and deport up to 3 million immigrants. Such a plan, if carried out immediately, would require a massive – and costly – expansion of America's prison and detention infrastructure at a time when politicians and policymakers across the ideological spectrum are working to reduce the nation’s prison population, the world's largest. And it would likely be a major boost to the fortunes of private prison companies that profit from incarceration – even though most studies show that privately operated prisons are generally more dangerous, less effective and no less expensive than government-run facilities. Recently, the Department of Homeland Security (DHS) decided to add 10,000 beds to its immigrant detention system, increasing the capacity to 45,000 immigrants per day. But, as a result of Trump's proposed deportation plan, the DHS could need many thousands more. Unsurprisingly, private prison stocks have soared since Trump's election. An expansion of the immigrant detention system threatens to greatly exacerbate the mass incarceration crisis in America. And it would violate our nation's basic values and cement our reputation as a country intolerant of immigrants. The findings of this study demonstrate that the immigrant detention system is already rife with civil rights violations and poor conditions that call into question the DHS’s commitment to the due process rights and safety of detainees. Many of these detainees have lived here for years; others recently fled violence in their home countries to seek refuge in the United States. This report is the result of a seven-month investigation of six detention centers in the South, a region where tens of thousands of people are locked up for months, sometimes even years, as they await hearings or deportation. The South is a leader in immigration detention, holding one out of every six detainees in the United States. A closer look makes it clear why it holds this distinction. Detained immigrants in the South are frequently denied the opportunity of a bond hearing that would free them until their cases are adjudicated. The region's immigration courts, which are often inaccessible to the public, are hostile to immigrants not fortunate enough to have an attorney. And so they wait behind bars in remote Southern facilities virtually indistinguishable from prisons. Many of the facilities are former jails or prisons that were shut down after civil rights investigations and lawsuits revealed poor conditions and abuse. Now, it’s the detainees who face abusive and dangerous conditions at these facilities, which fail to meet basic legal and regulatory standards. And it's the detainees who often find there is little hope for release as their due process rights are denied. The investigation by the Southern Poverty Law Center, the National Immigration Project of the National Lawyers Guild and the Adelante Alabama Worker Center focuses on detention centers in Alabama, Florida, Georgia and Louisiana. Three are operated by private companies and three by county sheriffs. All are paid by the DHS on a per diem basis. The report is based on tours of each facility and more than 300 in-person interviews with detainees. They represent more than 5 percent of the average daily population of the detention centers studied. From facility to facility, their stories are remarkably similar accounts of abuse, neglect and rights denied – symptoms of an immigrant detention system where the failures of the nation's immigration system intersect with the failures of its prison system. Details: Atlanta, GA: Southern Poverty Law Center, 2016. 116p. Source: Internet Resource: Accessed November 28, 2016 at: https://www.splcenter.org/sites/default/files/leg_ijp_shadow_prisons_immigrant_detention_report.pdf Year: 2016 Country: United States URL: https://www.splcenter.org/sites/default/files/leg_ijp_shadow_prisons_immigrant_detention_report.pdf Shelf Number: 147908 Keywords: Illegal ImmigrantsImmigrant DeportationImmigrant DetentionImmigrationPrivate Prisons |
Author: Reitano, Tuesday Title: Breathing Space: The impact of the EU-Turkey deal on irregular migration Summary: The €6billion agreement reached between the European Union (EU) and Turkey on migration achieved a dramatic drop in the number of crossings and stopped a fast-growing criminal industry in its tracks. But smugglers interviewed for this paper are watching closely for signs of a change of tack, and not without reason. The Erdogan administration has been progressively at odds with the EU as it finds itself hemmed in by growing internal dissent, multiple terror threats and a failing economy. The breathing space provided by the arrangement is running out and the EU does not seem to have a credible alternative in the event of a collapse. Details: Pretoria: Institute for Security Studies, 2016. 24p. Source: Internet Resource: ISS Paper 297: Accessed December 5, 2016 at: http://globalinitiative.net/wp-content/uploads/2016/12/gi-iss-breathing-space-nov-2016.pdf Year: 2016 Country: Turkey URL: http://globalinitiative.net/wp-content/uploads/2016/12/gi-iss-breathing-space-nov-2016.pdf Shelf Number: 147884 Keywords: Illegal ImmigrantsImmigrationMigration Policy |
Author: Reitano, Tuesday Title: The Khartoum Process: A sustainable response to human smuggling and trafficking? Summary: In the 2012-16 'migration crisis', citizens from the Horn of Africa have been arriving irregularly in Europe in unprecedented numbers, whilst featuring disproportionately amongst the fatalities. This has prompted the launch of the Khartoum Process, a partnership between the 28 member states of the European Union (EU) and East and North African states, to respond to human smuggling and trafficking. This brief critically and unfavourably evaluates this framework. The Khartoum Process is not only unlikely to achieve the desired outcomes, but, more importantly, it is likely to pose a risk to the better governance and development of the Horn of Africa. Details: Pretoria: Institute for Security Studies, 2016. 12p. Source: Internet Resource: Policy Brief 93: Accessed December 5, 2016 at: http://globalinitiative.net/wp-content/uploads/2016/12/gi-iss-the-khartoum-process-nov-2016.pdf Year: 2016 Country: Africa URL: http://globalinitiative.net/wp-content/uploads/2016/12/gi-iss-the-khartoum-process-nov-2016.pdf Shelf Number: 147921 Keywords: Human SmugglingHuman TraffickingImmigrationImmigration EnforcementMigrants |
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: 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: Perez Casanova, Gaspar M. Title: The Lost Path: Regulating Transit Illegal Immigration on Mexico's Southern Border Summary: This thesis focuses on the efforts that the Mexican government has made for the regulation of illegal immigration in transit through the country. This study explores the origins and trends of Central American migration, the complexity of Mexico’s southern border, and the reasons for the failure of plans and programs implemented by three different administrations to regulate and protect migration flows. It finds that those plans and programs failed because Mexico did not perceive the control of Central American illegal immigration as an end; instead, it has been used to foster foreign policy objectives or to respond to second-order effects produced by the war against organized crime. Since 2000, Mexican administrations have faced different realities, both domestic and international, which have shaped their response for border management and the regulation of illegal immigration. Security and the reordering of regional migration flows have been the priorities, relegating transit migration to a second plane. Mexico has accomplished important advances to give certainty and protection to illegal immigrants, but an integral and effective framework to regulate migration is lacking. Processes of planning, implementation, and evaluation of migration policies are barely defined, and the implementation of plans and programs is ineffective due to institutional weaknesses. The regulation of transit migration in Mexico is an unresolved issue. Details: Monterey, CA: Naval Postgraduate School, 2014. 176p. Source: Internet Resource: Thesis: Accessed February 23, 2017 at: http://calhoun.nps.edu/bitstream/handle/10945/44643/14Dec_Perez_Casanova_Gaspar.pdf?sequence=1&isAllowed=y Year: 2014 Country: Mexico URL: http://calhoun.nps.edu/bitstream/handle/10945/44643/14Dec_Perez_Casanova_Gaspar.pdf?sequence=1&isAllowed=y Shelf Number: 141206 Keywords: Border SecurityIllegal ImmigrantsImmigrationImmigration Enforcement |
Author: Molenaar, Fransje Title: Turning the Tide: The politics of irregular migration in the Sahel and Libya Summary: This online report analyses the relationship between irregular migration and conflict and stability in Mali, Niger and Libya. Studying the human smuggling networks that operate within and across these three countries provides insights into the transnational dynamics of irregular migration as well as these networks' interaction with local, national and regional political and economic dynamics. The report's main finding is that current EU policies are misaligned with the reality of trans-Saharan migration as they do not take into account the diversity of intra-African migration. In addition, human smuggling networks form part of larger political economies and cannot be addressed effectively without taking into account the extent to which state authorities are involved in and/or capable of controlling irregular migration. Failure to take these local realities into account results in ineffcient and ineffective policies at best, and counter-productively strengthens one of the root causes of migration at worst, because it overlooks the intricate links that exist between migration and conflict and stability in the region. This report synthesises the findings of the following background studies: - Irregular migration and human smuggling networks in Mali - Irregular migration and human smuggling networks in Niger - Understanding human smuggling networks in Libya Details: The Hague: The Clingendael Institute, 2017. 80p. Source: Internet Resource: CRU Report: Accessed March 3, 2017 at: https://www.clingendael.nl/sites/default/files/turning_the_tide.pdf Year: 2017 Country: Africa URL: https://www.clingendael.nl/sites/default/files/turning_the_tide.pdf Shelf Number: 141311 Keywords: Criminal NetworksHuman SmugglingIllegal ImmigrationImmigrationMigrants |
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: Meyer, Maureen Title: Not a National Security Crisis: The U.S.-Mexico Border and Humanitarian Concerns, Seen from El Paso Summary: Contrary to popular and political rhetoric about a national security crisis at the U.S.-Mexico border, evidence suggests a potential humanitarian—not security—emergency. This report, based on research and a field visit to El Paso, Texas and Ciudad Juárez, Mexico in April 2016, provides a dose of reality by examining one of the most emblematic of the U.S.-Mexico border's nine sectors, one that falls within the middle of the rankings on migration, drug seizures, violence, and human rights abuses. At a time when calls for beefing up border infrastructure and implementing costly policies regularly make headlines, our visit to the El Paso sector made clear that what is needed at the border are practical, evidence-based adjustments to border security policy, improved responses to the growing number of Central American migrants and potential refugees, and strengthened collaboration and communication on both sides of the border. • WITH 408,870 MIGRANT APPREHENSIONS AT THE U.S.-MEXICO BORDER IN FISCAL YEAR (FY) 2016, OVERALL UNDOCUMENTED MIGRATION IS AT LEVELS SIMILAR TO THE EARLY 1970S. Apprehensions of migrants per Border Patrol agent are less than one-tenth what they were in the 1990s. With 19 apprehensions per agent, FY2015 had the second-lowest rate of the available data. It makes sense that staffing has leveled off since the 2005-2011 buildup that doubled the size of Border Patrol. • THE NUMBER OF MEXICAN MIGRANTS HAS FALLEN TO LEVELS NOT SEEN SINCE THE EARLY 1970S, AND DECLINES HAVE BEEN FAIRLY CONSISTENT. Between FY2004 and FY2015 there were fewer apprehensions of Mexican citizens each year than in the previous year. Apprehensions of Mexicans in FY2016 increased by 2.5 percent. Even though the nearest third country is over 800 miles away from the U.S.-Mexico border, Mexicans comprised less than half of migrants apprehended there in FY2014, and again in FY2016. • OF THE MIGRANTS ARRIVING AT THE BORDER, MANY ARE CHILDREN AND FAMILIES FROM CENTRAL AMERICA WHO COULD QUALIFY AS REFUGEES IN NEED OF PROTECTION. A United Nations High Commissioner for Refugees (UNHCR) analysis of credible fear screenings carried out by U.S. asylum officers revealed that in FY2015, 82 percent of women from El Salvador, Guatemala, Honduras, as well as Mexico, who were screened on arrival at the U.S. border "were found to have a significant possibility of establishing eligibility for asylum or protection under the Convention against Torture." This phenomenon is not a threat to the security of the United States. Nor is it illegal to flee one's country if one's life is at risk. Most Central American families and children do not try to evade U.S. authorities when they cross: they seek them out, requesting international protection out of fear to return to their countries. • VIOLENT CRIME RATES IN U.S. BORDER COMMUNITIES REMAIN AMONG THE LOWEST IN THE NATION, AND VIOLENCE HAS LARGELY DECREASED ON THE MEXICAN SIDE AS WELL. The El Paso crime rate in 2015 was below the U.S. national average. Although homicides have increased in Ciudad Juárez during 2016, the security situation has dramatically improved from when the city was considered the murder capital in the world in 2010. • SEIZURES OF CANNABIS, WHICH IS MOSTLY SMUGGLED BETWEEN OFFICIAL PORTS OF ENTRY, ARE DOWN AT THE BORDER. However, seizures of methamphetamine and heroin have increased, indicating that more drugs are probably getting across and, in the case of heroin, feeding U.S. demand that has risen to public-health crisis levels. Meth, heroin, and cocaine are very small in volume and are mostly smuggled at official border crossings. Building higher walls in wilderness areas along the border would make no difference in detecting and stopping these drugs from entering the country. • PORTS OF ENTRY ALONG THE BORDER ARE UNDERSTAFFED AND UNDER- EQUIPPED. As evidenced by the El Paso sector’s continued long wait times, ports of entry remain understaffed and under-equipped for dealing with small-volume, high-potency drug shipments, and for dealing more generally with large amounts of travelers and cargo. Much of the delay in hiring results from heightened screening procedures for prospective Customs and Border Protection (CBP) agents to guard against corruption and abuse, an important effort in need of additional resources. Screening delays are also the principal reason for a slight recent reduction in Border Patrol staffing. • ALTHOUGH NEW LOCAL REPATRIATION ARRANGEMENTS (LRAS) BETWEEN THE UNITED STATES AND MEXICO ARE A STEP FORWARD IN PROTECTING MEXICAN MIGRANTS RETURNED AT THE BORDER, SOME CHALLENGES STILL REMAIN IN THEIR IMPLEMENTATION. Both governments announced in February 2016 the finalization of new LRAs to regulate the return of Mexican migrants at nine points of entry along the border. The agreements represent important efforts of both governments to curtail many of the practices that negatively affect this vulnerable population, such as nighttime deportation. In the El Paso sector, however, repatriated migrants are often returned without their belongings, such as cell phones, identification documents, and money, presenting them with challenges in accessing funds, communicating with family, and traveling in the country. • THERE ARE FEWER COMPLAINTS ABOUT BORDER PATROL DETENTION CONDITIONS AND ABUSE BY AGENTS IN THE EL PASO SECTOR COMPARED TO OTHER PARTS OF THE BORDER. However, there are concerning reports about abuses by CBP agents at El Paso's ports of entry. A May 2016 complaint lodged by several border organizations points to troubling incidents of excessive force, verbal abuse, humiliating searches, and intimidation by agents at the ports of entry in El Paso and southern New Mexico that must be investigated and addressed. • STRONG LAW ENFORCEMENT AND COMMUNITY RELATIONS IN EL PASO HAVE PLAYED A KEY ROLE IN MAKING IT ONE OF THE SAFEST U.S.-MEXICO BORDER CITIES. Consistently ranked one of the country’s safest cities of its size, El Paso demonstrates the importance of communication and constructive relationships between communities and border law enforcement agencies. Local and federal authorities and social service organizations interviewed noted interagency coordination, open lines of communication, and strong working relationships throughout the sector. The local policy of exempting offenders of Class C misdemeanors from federal immigration status checks does much to ensure community members' willingness to cooperate with law enforcement without fear of deportation. However, reports of racial profiling do exist, and state-level policy proposals against “sanctuary cities,” if passed, could threaten this trust. • MEXICAN FEDERAL AND MUNICIPAL OFFICIALS AND CIVIL SOCIETY PROVIDE IMPORTANT SERVICES FOR REPATRIATED MIGRANTS, AND COULD BE A MODEL FOR OTHER MEXICAN BORDER CITIES. Mexico’s National Migration Institute (Instituto Nacional de Migración, INM) works in close coordination with the one-of-its-kind Juárez municipal government’s office to provide important basic services to repatriated migrants and assist them with legal services, recovering belongings left in the United States, and transportation to the interior of the country. Civil society organizations also provide similar important services to migrants and document abuses by U.S. and Mexican officials. • U.S.-MEXICO SECURITY COOPERATION IS INCREASINGLY FOCUSING ON INSTITUTIONAL REFORM ISSUES AT THE STATE AND FEDERAL LEVELS. U.S. agencies provide support for violence reduction efforts in Ciudad Juárez, as well as support for police training and judicial reform for state and federal agents in Chihuahua. Details: Washington, DC: Washington Office on Latin America: Mexico, 2016. 59p. Source: Internet Resource: Accessed March 7, 2017 at: https://www.wola.org/analysis/not-national-security-crisis-u-s-mexico-border-humanitarian-concerns-seen-el-paso/ Year: 2016 Country: United States URL: https://www.wola.org/analysis/not-national-security-crisis-u-s-mexico-border-humanitarian-concerns-seen-el-paso/ Shelf Number: 141369 Keywords: Border SecurityHumanitarian AidImmigrant DetentionImmigrationImmigration and CrimeImmigration EnforcementMigrants and CrimeNational Security |
Author: Caicedo, David A. Title: Alien, Illegal, Undocumented: Labeling, Context, and Worldview in the Immigration Debate and in the Lives of Undocumented Youth Summary: A key element of investigating attitudes towards unauthorized immigrants in the United States has been political orientation, yet few studies have examined the influence of such orientation on labels relevant to the immigration debate. The current dissertation project examined these attitudes among young adults using survey, focus group, and interview methodologies. Level of agreement on various statements regarding unauthorized immigrants was examined in Study I, definitions given for the labels 'illegal' and 'undocumented' were explored in Study II, and the lived experience of undocumented youth in two community colleges was investigated in Study III. It was hypothesized that: I) attitudes concerning unauthorized immigrants are a function of present social labels, regardless of political orientation; II) social label definitions reflect distinct cognitive processes; and III) the lived experiences of undocumented students reflect the respective social environments of an urban and suburban community college. Participants in Study I were 744 (463 urban/272 suburban) young adults, all who were recruited from "New York Community College" (NYCC, urban) and "New Jersey Community College" (NJCC, suburban); participants in Study II were 14 (8 NYCC, 6 NJCC) young adults; and participants in Study III were 7 (4 NYCC, 3 NJCC) young adults. Participants in Study I were asked to complete an attitude on unauthorized immigrants scale, followed by the General System Justification scale, and finally a self-reported social label exposure measure. Participants in Study II were asked to generate definitions for the labels 'illegal' and 'undocumented'. Participants in Study III were asked about their life experiences as undocumented young adults in either NY or NJ. Contrary to hypothesis I, statistical analysis demonstrated that the priming of social labels did not account for attitudes, but it was rather the participants’ college that reflected divergent attitudes. Moreover, urban college students reported seeing and hearing the term ‘undocumented’ more often from others, while suburban college students reported seeing and hearing the terms 'illegal' and 'alien' more. Values analysis in Study II demonstrated a pattern of dichotomous and legal-centered thinking with the 'illegal' definitions, while situational and circumstantial thinking was present with the 'undocumented' definitions. Values analysis in Study III reflected a pattern of shared and unshared beliefs and principles regarding themselves, others, and the future centered on "growing up undocumented" in NY and NJ. Specifically, regardless of location, students who reported being undocumented held values concerning perseverance and the need to hide their status but also to be understood by others; while depending on location, values either reflected the importance of improving one's family condition, or one’s own personal trajectory. Findings are discussed in the context of the U.S. immigration debate discourse. Implications for understanding how the presence of others and social labels influence sociopolitical attitudes, as well as how social environment directly impacts psychological development in undocumented youth, are considered. Details: New York: City University of New York, 2016. 170p. Source: Internet Resource: Dissertation: Accessed March 20, 2017 at: http://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1794&context=gc_etds Year: 2016 Country: United States URL: http://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1794&context=gc_etds Shelf Number: 144520 Keywords: Illegal AliensIllegal ImmigrantsImmigrationMigrantsUndocumented ImmigrantsUndocumented PersonsUndocumented Youth |
Author: Rietig, Victoria Title: Stopping the Revolving Door: Reception and Reintegration Services for Central American Deportees Summary: In the past five years, hundreds of thousands of Central American migrants deported from Mexico and the United States -including tens of thousands of children - have arrived back in the Northern Triangle countries of El Salvador, Guatemala, and Honduras. For many deportees, the conditions upon arrival are worse than those that compelled them to leave in the first place. They and their families may be in crippling debt after having paid smugglers, and many return to communities that are even less safe than when they left. Thus, a significant number are in danger of entering a revolving door of migration, deportation, and remigration. Efforts to break this cycle center on providing more and better opportunities for Central America's people, especially its youth - an effort that includes reception programs and reintegration services for deportees once they return. Governments of Central America acknowledge the need for comprehensive policies and programs to help their deported citizens anchor themselves again upon return. All three countries offer reception services to most deportees, but reintegration services are far more limited and serve only a few. This report offers a detailed profile of the organization, funding sources, capacity, and the numbers of deportees served in reception and reintegration programs in the Northern Triangle. While the relevance of reintegration programs is largely unquestioned, knowledge is limited about what services are already in place, and how existing programs can be leveraged effectively. The authors note that there is little in the way of program evaluation or monitoring. This report attempts to fill these knowledge gaps by describing the types of reception and reintegration services, and analyzing common challenges to building successful initiatives in the region. An appendix provides further details on the programs surveyed, including relevant actors, organizations, budgets, evaluations, numbers of beneficiaries, and challenges. Details: Washington, DC: Migration Policy Institute, 2015. 45p. Source: Internet Resource: Accessed April 10, 2017 at: http://www.migrationpolicy.org/research/stopping-revolving-door-reception-and-reintegration-services-central-american-deportees Year: 2015 Country: Central America URL: http://www.migrationpolicy.org/research/stopping-revolving-door-reception-and-reintegration-services-central-american-deportees Shelf Number: 144765 Keywords: Asylum SeekersDeporteesIllegal ImmigrantsImmigrant DeportationImmigrationImmigration Policy |
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: Males, Mike Title: Refuting Fear: Immigration, Youth, and CA's Stunning Declines in Crime and Violence Summary: As California's population moved from two-thirds white in 1980 to over 60 percent people of color today, the state has seen dramatic reductions in crime in each category. Additionally, indicators of social health and safety-such as violence, violent death and school dropouts-have decreased significantly, and California has weathered the national opioid epidemic better than elsewhere in the country. Since 1980, two demographic events have occurred alongside California-s decrease in crime that are important to explore. Racial and ethnic diversity driven by foreign immigration has increased sharply; Among young people (California's most diverse population), crime and violence trends have diverged sharply from those of older populations, led by a 72 percent decrease in youth violent crime rates and a 92 percent drop in homicide arrests of urban youth from 1980 to 2015. California's positive trends and lower levels of crime, particularly among young people, occurred alongside its transition to an all-minority state. These findings refute claims that increasing immigration will negatively impact society, or that "sanctuary cities," such as those found in California, cause increased crime. Once a state with unusually high rates of drug overdose, gun violence, and crime, California has demonstrated substantial gains in health and safety as its demographic composition has become more diverse and immigration has increased. The state's experience shows that racial transition can accompany greater public safety and well-being, a reality that should impact the national discussion over immigration. Details: San Francisco: Center on Juvenile and Criminal Justice, 2017. 9p. Source: Internet Resource: Accessed June 20, 2017 at: http://www.cjcj.org/uploads/cjcj/documents/refuting_fear_-_immigration_youth_and_californias_stunning_declines_in_crime_and_violence.pdf Year: 2017 Country: United States URL: http://www.cjcj.org/uploads/cjcj/documents/refuting_fear_-_immigration_youth_and_californias_stunning_declines_in_crime_and_violence.pdf Shelf Number: 146320 Keywords: Crime TrendsImmigrants and CrimeImmigration |
Author: Dorling, Kamena Title: Growing Up In a Hostile Environment: The rights of undocumented migrant children in the UK Summary: Public concern about immigration is currently at the highest level seen for a number of years. In May 2013, one poll found that 57% of those surveyed ranked 'immigration' among the top three most important issues currently facing Britain, a rise of 11% compared to when the question was asked 12 months previously. In another poll, conducted in December 2012, 80% showed support for the current policy to reduce net migration and 67% perceived immigration as 'having been a bad thing' for Britain. Even allowing for the uncertainties inherent in measuring public opinion, the evidence available clearly shows high levels of opposition to immigration in the UK, with the widely held belief that there are too many migrants in the UK, that fewer migrants should be let in, and that legal restrictions on immigration should be tighter. A number of concerns stem from the perception that migrants claim benefits or use public services without having contributed in return, and are adding pressure on schools and hospitals. Past and current government policy has reacted to this public concern in a number of ways, and a large amount of legislation has been passed in the area of immigration and asylum law over the past two decades. The current government is committed to reducing net migration to 'tens of thousands', having introduced stricter border controls and tighter criteria for permitting non-European Economic Area (EEA) migrants to enter and remain in the UK. In particular, current policy is focussed on 'illegal immigration', where individuals enter or are living in the UK unlawfully (this group are referred to in this report as 'undocumented migrants'). Details: Colchester, UK: Children's Legal Centre, 2013. 64p. Source: Internet Resource: Accessed August 25, 2017 at: http://www.childrenslegalcentre.com/wp-content/uploads/2013/11/Hostile_Environment_Full_Report_Final.pdf Year: 2013 Country: United Kingdom URL: http://www.childrenslegalcentre.com/wp-content/uploads/2013/11/Hostile_Environment_Full_Report_Final.pdf Shelf Number: 131674 Keywords: Children of MigrantsIllegal ImmigrantsImmigrationMigrantsUndocumented Migrant ChildrenUndocumented Migrants |
Author: Laczko, Frank Title: Fatal Journeys. Volume 3 PART 2: Improving Data on Missing Migrants Summary: This is the third in the International Organization for Migration's (IOM) series of global reports documenting the number of lives lost during migration. The publication of this report is particularly timely, as the 192 UN Member States prepare to discuss the adoption of a global compact for safe, orderly and regular migration. A key indicator of unsafe migration is the number of migrants who perish each year during their journeys. Sadly, there seem to be few signs that this number is decreasing. Since the beginning of 2014, IOM has recorded the deaths and disappearances of nearly 25,000 migrants. IOM has also calculated that at least 60,000 migrants have died since the year 2000. The Mediterranean crossing, which has claimed the lives of 15,000 migrants since it first made headlines in October 2013, is just one example of the many migration routes that see numerous fatalities each year. However, the true number of migrant fatalities is unknown, as not all deaths and disappearances are reported. In many remote regions of the world, bodies may never be found, and many migrants may never be identified. Each nameless death represents a family missing a loved one. In addition to providing a global analysis of trends, this year's report focuses on how to improve the data on missing migrants. Although data collection has improved over the last three years, there are many gaps in our knowledge about missing migrants. Basic information such as the sex or the age of the migrant who is reported dead or missing is often lacking. The number of bodies that are retrieved and identified still remains very low. There are many potential sources of data and approaches that could be taken to improve data on missing migrants. The challenge is not simply a lack of data, but the unwillingness of some authorities to collect them, as well as deficiencies in resources and know-how. Details: Geneva, SWIT: International Organization for Migration, 2017. 146p. Source: Internet Resource: accessed December 5, 2017 at: https://publications.iom.int/system/files/pdf/fatal_journeys_3_part2.pdf Year: 2017 Country: International URL: https://publications.iom.int/system/files/pdf/fatal_journeys_3_part2.pdf Shelf Number: 148699 Keywords: ImmigrationMigrant DeathsMigrants |
Author: Lott, John R., Jr. Title: Undocumented Immigrants, U.S. Citizens, and Convicted Criminals in Arizona Summary: Using newly released detailed data on all prisoners who entered the Arizona state prison from January 1985 through June 2017, we are able to separate non-U.S. citizens by whether they are illegal or legal residents. This data do not rely on self-reporting by criminals. Undocumented immigrants are at least 142% more likely to be convicted of a crime than other Arizonans. They also tend to commit more serious crimes and serve 10.5% longer sentences, more likely to be classified as dangerous, and 45% more likely to be gang members than U.S. citizens. Yet, there are several reasons that these numbers are likely to underestimate the share of crime committed by undocumented immigrants. There are dramatic differences between in the criminal histories of convicts who are U.S. citizens and undocumented immigrants. Young convicts are especially likely to be undocumented immigrants. While undocumented immigrants from 15 to 35 years of age make up slightly over 2 percent of the Arizona population, they make up almost 8% of the prison population. Even after adjusting for the fact that young people commit crime at higher rates, young undocumented immigrants commit crime at twice the rate of young U.S. citizens. These undocumented immigrants also tend to commit more serious crimes. If undocumented immigrants committed crime nationally as they do in Arizona, in 2016 they would have been responsible for over 1,000 more murders, 5,200 rapes, 8,900 robberies, 25,300 aggravated assaults, and 26,900 burglaries. Details: Crime Prevention Research Center, 2018. 52p. Source: Internet Resource: Accessed February 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3099992 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3099992 Shelf Number: 149028 Keywords: Illegal ImmigrantsImmigrants and CrimeImmigrationMigrantsUndocumented Immigrants |
Author: Johnson, Jennifer Title: The Forgotten Border: Migration and Human Rights at Mexico's Southern Border Summary: The nature of transborder migration and human rights violations against migrants at Mexico's southern border has received scant attention. The Forgotten Border: Migration & Human Rights at Mexico's Southern Border sheds light on the abuse and exploitation experienced by many transmigrants as they journey northward, as well as trends in Mexico's practices regarding immigration and border enforcement policies. The nature of transborder migration and human rights violations against migrants at Mexico's southern border has received scant attention. The Forgotten Border: Migration & Human Rights at Mexico's Southern Border sheds light on the abuse and exploitation experienced by many transmigrants as they journey northward, as well as trends in Mexico's practices regarding immigration and border enforcement policies. In 2008, the U.S. Congress will consider giving $1 billion in assistance to Mexico as part of the "Merida Initiative." As programs in this aid package are framed as support for human interdiction, border security and law enforcement activities, it is critical that policymakers and advocates gain a clearer understanding of the broader context in which human rights abuses take place in Mexico's southern border region to ensure that U.S. policy, and in particular, the Merida Initiative, does not aggravate a precarious situation any further. Details: Washington, DC: Latin America Working Group, 2008. 24p. Source: Internet Resource: Accessed March 20, 2018 at: http://www.lawg.org/storage/documents/forgotten%20border.pdf Year: 2008 Country: Mexico URL: http://www.lawg.org/storage/documents/forgotten%20border.pdf Shelf Number: 149528 Keywords: Border SecurityHuman Rights AbusesIllegal ImmigrationImmigrationImmigration EnforcementMigration |
Author: O'Brien, Matthew Title: The Fiscal Burden of Illegal immigration on United States Taxpayers (2017) Summary: A continually growing population of illegal aliens, along with the federal government's inefective eforts to secure our borders, present signifcant national security and public safety threats to the United States. Tey also have a severely negative impact on the nation's taxpayers at the local, state, and national levels. Illegal immigration costs Americans billions of dollars each year. Illegal aliens are net consumers of taxpayer-funded services and the limited taxes paid by some segments of the illegal alien population are, in no way, significant enough to offset the growing financial burdens imposed on U.S. taxpayers by massive numbers of uninvited guests. Political and judicial efforts to accord illegal aliens the same government benefits available to U.S. citizens (e.g., the Supreme Court's holding in Plyler v. Doe guaranteeing illegal alien children a free public education, at taxpayer expense) have increasingly stressed federal, state and local budgets - to the detriment of Americans, particularly the poor, elderly, and disabled. Te impact on public school systems1 and criminal justice institutions has been particularly harsh. And the situation has been greatly exacerbated by government refusal to implement measures aimed at deterring, detecting and prosecuting illegal aliens who commit fraud to obtain benefits and/or to avoid deportation following a criminal conviction. Tis study examines the fiscal impact of illegal aliens as reflected in both federal and state budgets. It does not address the question of whether unchecked mass migration is a net boon to the United States. Most studies that extol the many benefits that allegedly accrue from illegal immigration suffer from a number of key problems: - Unreasonable assumptions about who is an illegal alien. Most relevant data sets don't clearly distinguish who is an illegal alien and who isn't. Studies that wish to portray illegal immigration in a favorable light frequently rely on narrow definition of "illegal alien" to skew data in their favor. - Failure to examine whether the same, or even more significant, benefits would be achieved by flling vacant jobs, at market wages, with American employees. - Refusal to acknowledge that there are many activities which create profit but remain illegal because of their negative effects on society as a whole. Te exploitation of illegal alien labor to increase the profits of unscrupulous employers falls squarely into this category. - A deceptive and inappropriate focus on the amount of taxes remitted by illegal aliens, rather than the taxes actually paid by illegal aliens. Te American system of taxation returns a signifcant portion of monies paid by people earning low incomes. As a result, most illegal aliens receive a refund of all tax payments along with additional net income from the federal government, in the form of tax credits. - Erroneous claims that illegal aliens subsidize federal benefit programs through un-refunded tax payments remitted by illegal aliens who are unable collect a return. Most illegal aliens are able to file a tax return using an Individual Tax Identification Number (ITIN). In addition, neither the states or the federal government have any data indicating how much of the pool of unclaimed tax refunds is attributable to illegal aliens versus deceased taxpayers, foreign investors, etc. Even in the absence of any complex studies, basic mathematics make it self-evident that illegal aliens are a drain on the U.S. economy. For example, in its report Te Sinking Lifeboat: Uncontrolled Immigration and the U.S. Health Care System in 2009, FAIR found that, in some hospitals, as many as two-thirds of total operating costs are attributable to uncompensated care for illegal aliens.3 If those costs are being borne by American taxpayers, rather than the illegal aliens who received medical treatment, then those illegal aliens are consuming more services than they pay for, and the costs of providing those services are never recouped. Tat makes them a net drain on the economy. A careful examination of the federal budget shows an annual outlay of approximately $46 billion for expenses related to illegal immigration. A review of state budgets indicates even greater local costs, estimated at $89 billion annually. This means that the overall costs attributable to illegal aliens totals an annual bill of $135 billion. Tat equates to over $8,000 per illegal alien and dependent, per year. Some illegal aliens do pay certain taxes. However, employers usually hire illegal aliens to obtain cheap labor at wages well below the market rate for a given area. Many of those employers pay illegal aliens "under-the-table" and do not deduct payroll taxes. Due to their lack of immigration status, illegal aliens are unlikely to report their income to the Internal Revenue Service (IRS). Therefore, state and local governments, as well as the federal government, are not collecting enough taxes from illegal aliens to cover the costs of the services they consume. We estimate that illegal aliens actually pay just under $19 billion in combined state, local, and federal taxes. Tat means that the United States recoups only about 14 percent of the amount expended annually on illegal aliens. If the same jobs held by illegal aliens were fled by legal workers, at the prevailing market wage, it may safely be presumed that federal, state and local governments would receive higher tax payments. FAIR firmly believes that the costs of illegal immigration (and massive legal immigration) significantly outweigh any perceived benefit. Accordingly, this study focuses only on calculating the overall costs of illegal immigration. Details: Washington, DC: Federation for American Immigration Reform, 2017. 72p. Source: Internet Resource: Accessed March 23, 2018 at: https://fairus.org/sites/default/files/2017-09/Fiscal-Burden-of-Illegal-Immigration-2017.pdf Year: 2017 Country: United States URL: https://fairus.org/sites/default/files/2017-09/Fiscal-Burden-of-Illegal-Immigration-2017.pdf Shelf Number: 149551 Keywords: Cost AnalysisCosts of Criminal JusticeIllegal ImmigrantsIllegal ImmigrationImmigration |
Author: Haugaard, Lisa Title: Between a Wall and a Dangerous Place: The Intersection of Human Rights, Public Security, Corruption & Migration in Honduras and El Salvador Summary: In January 2018, the Trump Administration made the decision to terminate in 18 months the special immigration protections, Temporary Protected Status, which allowed some 200,000 Salvadoran men and women to work and live legally in the United States, following natural disasters affecting their country. In May 2018, the administration will determine the fate of some 57,000 Hondurans under the same program. Salvadorans and Hondurans in the United States are also dramatically affected by other new restrictions and uncertainties on immigration policies, including the termination of the Deferred Action for Childhood Arrivals (the DACA program) for the young people known as the Dreamers-some 50,000 of whom are from these two countries. Hondurans and Salvadorans fleeing violence today and seeking refuge in the United States face increased difficulties in accessing protections at the border and applying for asylum. Back in their home countries, gang violence and organized crime grimly affect Hondurans' and Salvadorans' daily lives and force them to go into hiding or leave their homes. Their governments' failures to adequately protect their citizens, and indeed, state security forces pursuing hardline strategies that put people, especially young men, at risk, add to the harsh facts of life in El Salvador and Honduras. Women face additional risks from gangs and from domestic violence, and LGBTI persons face violence motivated by societal prejudice-including from police. To this dangerous mix is added another trauma in Honduras: following a disputed presidential election, state violence against protestors left over two dozen people dead and President Juan Orlando Hernandez's government is moving to close space for citizens to defend their rights. This report is a series of blog posts written from October 2017 through March 2018 about the dangers and challenges faced by Honduran and Salvadoran citizens in their home countries, even as the Trump Administration moves to deport more Honduran- and Salvadoran-born people in the United States back to home countries they may no longer know and restrict protections to those fleeing. The series, based on interviews with activists, government officials, journalists, humanitarian workers, diplomats, and academics, shows how the dangers that propel children, teenagers, women, and men from those countries to seek refuge in the United States, Mexico, and elsewhere have not ended. Details: Washington, DC: Latin America Working Group Education Fund, 2018. 48p. Source: Internet Resource: Accessed April 10, 2018 at: http://lawg.org/storage/documents/Between_a_Wall_and_a_Dangerous_Place_LAWGEF_web.pdf Year: 2018 Country: Latin America URL: http://lawg.org/storage/documents/Between_a_Wall_and_a_Dangerous_Place_LAWGEF_web.pdf Shelf Number: 149747 Keywords: CorruptionGangsHuman RightsImmigrationOrganized CrimePublic SecurityViolent Crime |
Author: Peck, Sarah Herman Title: Immigration Consequences of Criminal Activity Summary: Congress's power to create rules governing the admission of non-U.S. nationals (aliens) has long been viewed as plenary. In the Immigration and Nationality Act (INA), as amended, Congress has specified grounds for the exclusion or removal of aliens, including on account of criminal activity. Some criminal offenses, when committed by an alien who is present in the United States, may render that alien subject to removal from the country. And certain criminal offenses may preclude an alien outside the United States from being either admitted into the country or permitted to reenter following an initial departure. Further, criminal conduct may disqualify an alien from certain forms of relief from removal or prevent the alien from becoming a U.S. citizen. In some cases, the INA directly identifies particular offenses that carry immigration consequences; in other cases, federal immigration law provides that a general category of crimes, such as "crimes involving moral turpitude" or an offense defined by the INA as an "aggravated felony," may render an alien ineligible for certain benefits and privileges under immigration law. The INA distinguishes between the treatment of aliens who have been lawfully admitted into the United States and those who are either seeking admission into the country or are physically present in the country without having been lawfully admitted. Aliens who have been lawfully admitted into the country may be removed if they engage in conduct that renders them deportable, whereas aliens who have not been legally admitted into the United States-including both aliens seeking initial entry into the United States as well as those who are physically present in the country but were never lawfully admitted-may be excluded or removed from the country if they have engaged in conduct rendering them inadmissible. Although the INA designates certain criminal activities and categories of criminal activities as grounds for inadmissibility or deportation, the respective grounds are not identical. Moreover, a conviction for a designated crime is not always required for an alien to be disqualified on criminal grounds from admission into the United States. But for nearly all criminal grounds for deportation, a "conviction" (as defined by the INA) for the underlying offense is necessary. Additionally, although certain criminal conduct may disqualify an alien from various immigration-related benefits or forms of relief, the scope of disqualifying conduct varies depending on the particular benefit or form of relief at issue. This report identifies the major criminal grounds that may bar an alien from being admitted into the United States or render an alien within the country removable. The report also discusses additional immigration consequences of criminal activity, including those that make an alien ineligible for certain relief from removal, including cancellation of removal, voluntary departure, withholding of removal, and asylum. The report also addresses the criminal grounds that render an alien ineligible to adjust to lawful permanent resident (LPR) status, as well as those grounds barring LPRs from naturalizing as U.S. citizens. The report also discusses the scope of several general criminal categories referenced by the INA, including "crimes involving moral turpitude," "aggravated felonies," and "crimes of violence. Details: Washington, DC: Congressional Research Service, 2018. 34p. Source: Internet Resource: R45151: Accessed April 17, 2018 at: https://fas.org/sgp/crs/homesec/R45151.pdf Year: 2018 Country: United States URL: https://fas.org/sgp/crs/homesec/R45151.pdf Shelf Number: 149839 Keywords: Illegal ImmigrantsImmigrant DeportationImmigrants and CrimeImmigrationImmigration Policy |
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: Widfeldt, Anders Title: The Growth of the Radical Right in Nordic Countries: Observations from the Past 20 Years Summary: Although recent elections across Europe have drawn much attention to the radical right, such parties are hardly new in most Nordic countries. Denmark, Finland, and Norway have radical-right parties that trace their roots back to at least the 1970s. And while they emerged more recently in Sweden, the Sweden Democrats firmly established themselves at the national level in 2010. What has changed in recent years is the level of popular support and political power these parties have enjoyed, holding close to or more than 20 percent of the vote in all four Nordic countries studied. This report analyzes the rise and current dynamics of radical-right parties in Denmark, Finland, Norway, and Sweden. In all four, immigration has become a core policy area for the radical right. But the electoral success of such parties cannot be tied neatly back to shifting levels of immigration or to public opinion of immigrants. A web of other factorsincluding how the parties are managed and the personalities of their leaders-are also at play. In responding to the growth in popularity of parties such as Danish People's Party and the Progress Party in Norway, mainstream parties have taken three main approaches: co-opting radical-right policies in an attempt to win over their opponents' voters, accommodating the parties in government, or isolating them by excluding them from governing coalitions. Yet, the author notes, there is little consistent evidence of which of these approaches (if any) are effective. And just as immigration is likely to remain high on the political agenda in these countries, radical-right parties are likely to continue to influence migration policy debates. Details: Washington, DC: Migration Policy Institute, 2018. 32p. Source: Internet Resource: Accessed July 11, 2018 at: https://www.migrationpolicy.org/research/growth-radical-right-nordic-countries Year: 2018 Country: Europe URL: https://www.migrationpolicy.org/research/growth-radical-right-nordic-countries Shelf Number: 150820 Keywords: Asylum Seekers ImmigrationMigrants Migration Policy Radical Groups Refugees |
Author: Sinchetto, Francesco Title: Unaccompanied and Separated Children along Italy's Northern Borders Summary: Unaccompanied and separated foreign minors have been arriving in Italy for several years. The total number of minors intercepted and registered with Italian authorities over the past six years is 62,672. Since 2011 the number of UASC (Unaccompanied And Separated Children) has risen constantly from year to year, up until a slight fall recorded in the first seven months of 2017 (compared with arrivals in the same period of 2016), with the arrival of 12,656 unaccompanied minors, making up 13% of the arriving migrant population over the past year. Among registered UASC, one in four left reception facilities, and became untraceable3. Such a high dropout rate from centres on the part of minors is chiefly due to the desire to go directly to other States in the European Union. This is partly due to the dysfunctions of Italy's reception system and to the time needed to start and complete the procedures for family reunification and the granting of international protection. In view of the "irregular" nature of these people's status, not in the sense of unlawful presence in the country but rather that of straying from a planned course, characterising the state of migrants in transit, who appear to form a sort of "underground people", these migrants, including minors, do not receive any sort of temporary reception or formal support. This category, present en masse in reality, is not legally contemplated or recognised as such. Thus this group is not governed by any particular rules, and does not receive any protection, including services meeting primary needs. In such a setting, there is a clear use, and need, for activities in support of emergency measures adopted by institutions, humanitarian organisations and civil society. Since 2011 Intersos has been operating a night-time reception centre in Rome called A28 for foreign minors in transit. In five years the centre has provided a safe shelter for more than 4,000 unaccompanied foreign minors in transit in Italy. In 2016 the A28 Centre hosted 1,112 unaccompanied minors from Eritrea, one third of all those arriving in Italy in the same year. Working closely with the centre is the Intersos Street Unit service, created in November 2016 in partnership with Unicef, in order to monitor the territory, promote the service and single out the most vulnerable cases. Following on from this initial project, over the past two years Intersos has broadened its action in the sphere of reception and assistance for unaccompanied foreign minors transiting in Italy or dropping out of official reception channels. In March 2017, in collaboration with Unicef, initiatives were also undertaken in Como and Ventimiglia, in light of the increase in migrant flows in the respective border areas, with the consequent intensification of border checks on the part of neighbouring States and a growing number of "rejected" people in Italy, who are forced to face a stalemate situation with very few prospects. The Como and Ventimiglia projects intend to facilitating the take into care of intercepted unaccompanied foreign minors, 1,070 in Como and 1,418 in Ventimiglia, through the providing of information, support and legal aid. Thanks to collaboration with local organisations and reference institutions, ad hoc pathways for UASC are activated, where possible, starting with access to the international protection application procedure, and including admission to secondstage reception facilities. In Ventimiglia furthermore, a mobile clinic has been operational since April 2017, offering basic medical care to persons outside the reception centres. The most relevant cases in terms of the seriousness of violations committed or complexity of individual cases have been taken up in collaboration with the Associazione per gli Studi Giuridici sull'Immigrazione (Association for Legal Studies on Immigration). As regards family reunification procedures, collaborative ties have been forged with the Safe Passage initiative. Thanks to the support of the Open Society Foundation, the conditions of unaccompanied foreign minors have been monitored along Italy's northern borders, from August to October 2017. This report is the result of this monitoring activity. The research was conducted in connection with the above-described actions, making use of the material gathered during these activities, consisting mainly of direct interviews with minors in Rome, Como and Ventimiglia and information procured by constant dialogue with institutions and the actors of civil society operating in the sector. In localities where an Intersos team is not present on a permanent basis, the research was conducted by means of monitoring visits, interviews with migrants, meetings with the authorities responsible for managing the migratory phenomenon, and counting on permanent cooperation with local associations. Details: Rome: Intersos, 2017. 72p. Source: Internet Resource: July 26, 2018 at: https://www.intersos.org/wp-content/uploads/2018/02/UASC-along-Italys-northern-borders.compressed.pdf Year: 2017 Country: Italy URL: https://www.intersos.org/wp-content/uploads/2018/02/UASC-along-Italys-northern-borders.compressed.pdf Shelf Number: 150923 Keywords: Child MigrantsIllegal MigrantsImmigrationMigrantsUnaccompanied ChildrenUnaccompanied Migrant Children |
Author: 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: Hing, Bill Ong Title: Entering the Trump Ice Age: Contextualizing the New Immigration Enforcement Regime Summary: During the early stages of the Trump ICE age, we seem to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Didn't we label Barack Obama the "Deporter-in-Chief?" Wasn't it George Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries and didn't his ICE commonly engage in armed raids a factories and other worksites? Aren't there strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems to really be happening in immigrant communities? Is the fear unparalleled? Why is there so much fear? Is the fear justified? Why do things seem different, in spite of rigorous immigration enforcement that has occurred even in recent years? This article begins with a comparison of what the Trump administration has done in terms of immigration enforcement with the enforcement efforts of other administrations. For example, I compare (1) the attempted Muslim travel bans with post-9/11 efforts by George W. Bush and Iranian student roundups by Jimmy Carter, (2) the Border Wall proposal with the Fence Act of 2006 and Operation Gatekeeper in 1994, (3) restarting Secure Communities (fingerprint sharing program) with Obama's enforcement program of the same name, (4) expanding INA S 287(g) agreements with Bush efforts under the same statute, (5) the threat of raids by an ICE deportation army with Bush gun-toting raids, (6) extreme vetting of immigrants and refugees with what already existed under Bush and Obama, (7) threatening to cut off federal funds to sanctuary cities with the prosecution of sanctuary workers in the 1980s, (8) prioritizing "criminal" immigrants with Obama's similar prioritization, and (9) expedited removal in the interior with Bush and Obama expedited removals along the border. Then I turn to the fear and hysteria in immigrant communities that has spread throughout the country. I ask why that fear has occurred and whether the fear has a reasonable basis. I close with a personal reflection on the parallels I have seen and experienced since I began practicing immigration law as a legal services attorney in 1975 and contemplate why enforcement and the resulting fear are different today. Details: California, 2017. 69p. Source: Internet Resource: Accessed September 14, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3032662 Year: 2017 Country: United States URL: file:///C:/Users/AuthUser/Downloads/SSRN-id3032662.pdf Shelf Number: 151533 Keywords: Customs EnforcementImmigrants and CrimeImmigrationImmigration EnforcementImmigration PolicySanctuary Cities |
Author: Wiebe, Virgil Title: Immigration Federalism in Minnesota: What Does Sanctuary Mean in Practice? Summary: In March 2016, the University of St. Thomas Law Journal gathered scholars from around the country to discuss whether Sanctuary can make communities secure. Our symposium title, "Can Sanctuary Keep Communities Secure?" played on two contrasting approaches to immigration - the notion of Sanctuary, which often stands in tension with legal authority, and Secure Communities, a controversial immigration enforcement program of the Obama Administration designed (but perhaps not implemented as designed) to deport dangerous immigrants. The conception of this paper arose from the desire to open the symposium by framing issues in the context of Minnesota. I asked the question "What is Sanctuary?" and sought answers from the on-the-ground reality of Minnesota's immigrant communities. The paper answers the question at six levels in the state of Minnesota: (1) the home, (2) houses of worship, (3) educational institutions, (4) cities (and other sub-state authorities such as counties), (5) the state, and (6) national/federal level. "Sanctuary" inherently suggests the need for safety and security, and begs other questions, namely, who needs security and sanctuary, who makes up our community and "homeland" and who gets to speak about and build the legal protections that make up a tapestry of safety. At each level, at least one specific policy/legal issue is addressed (e.g. separation ordinances in the city section, drivers licenses at the state level, and responses to federal enforcement actions) to show how dynamics have played out in Minnesota. I address the dynamics of immigration federalism in Minnesota to assess the state of sanctuary in the land of ten thousand lakes, by identifying institutional and societal actors: the community, the federal government, the state government, regional authorities (most notably sheriffs), city governments, and civil society groups. How individuals inhabit and exercise power within these institutions matters. I conclude that Minnesota is a state of reluctant welcome, and that the forces arrayed for and against immigrants (particularly those of unauthorized status) are in an unsteady balance, with pro-immigrant forces gaining some ground in recent years. The elections of November 2016 at both the state and national levels may mark another shift toward law and order and away from the grace of Sanctuary. Details: S.L., 2017. 63p. Source: Internet Resource: Accessed September 14, 2018 at: https://ir.stthomas.edu/ustlj/vol13/iss3/6/ Year: 2017 Country: United States URL: https://ir.stthomas.edu/cgi/viewcontent.cgi?article=1403&context=ustlj Shelf Number: 151545 Keywords: ImmigrationNational SecuritySanctuary Cities |
Author: Lee, Jennifer J. Title: Redefining the Legality of Undocumented Work Summary: Undocumented workers face a new harsh reality under the Trump administration. Federal laws' prohibition of undocumented work has facilitated exploitation because workers fear being brought to the attention of immigration authorities. The current administration's aggressive stance towards worksite enforcement will only exacerbate abuses against undocumented workers, such as wage theft, dangerous working conditions, or human trafficking. Given the current climate, this article explores how states and localities can resist the federal prohibition by legalizing undocumented work. We live in times of resistance, with "sanctuary cities" that refuse to cooperate with federal immigration enforcement. Seizing on this moment, state and local resistance can offer more immediate accountability for addressing the plight of undocumented workers while disrupting the ways in which the federal immigration framework defines the illegality of undocumented work. To start, this article reviews how the incongruence between the lived experiences of undocumented workers and the federal immigration framework creates an underclass of workers. Next, it develops a typology of state and local resistance measures that recognize, protect, or promote undocumented work and considers whether these measures can succeed given concerns about federalism and governmental retaliation. This article concludes by discussing why state and local resistance is worthwhile. Beyond the palpable benefits of addressing exploitation, state and local resistance can help undocumented workers overcome exclusion by increasing their sense of belonging. Community members too benefit from the strengthening of workers' rights and the contributions to the local economy. At the same time, such resistance changes social norms and provides a powerful critique of the federal prohibition on undocumented work. Ultimately, this article is the first to examine how state and local resistance focused on undocumented work can lend itself to building social movements that promote immigrant inclusion by redefining the legality of undocumented work. Details: California, 2017. 33p. Source: Internet Resource: Accessed September 14, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3040872 Year: 2017 Country: United States URL: file:///C:/Users/AuthUser/Downloads/SSRN-id3040872.pdf Shelf Number: 151546 Keywords: Immigrant WorkersImmigrationSanctuary CityUndocumented workers |
Author: Avila, Krsna Title: The Rise of the Sanctuary: Getting Local Officers Out of the Business of Deportations in the Trump Era Summary: Juxtaposed against the Statue of Liberty's promise of refuge to "the huddled masses, yearning to breathe free" lies another reality: immigration policy in the United States has long been fraught with racial tension and dictated by an uneasy fear of "the other." From the Chinese Exclusion Act and the Mexican Bracero program of the past to the Muslim ban and elimination of Temporary Protected Status of the present, history has shown that the work of immigrant justice and racial justice are inextricably linked. Since the first week of the Trump administration, the federal government has launched a racist and mean-spirited attack on immigrants and those who support and welcome them, all in the aim of satisfying Trump's steadfast campaign promise to "deport them all" as a way to "make America great again." With a budget of over $18 billion - more than all other federal law enforcement agencies combined - the Department of Homeland Security (DHS) detention and deportation machine is vast and dangerous. But it also relies heavily on the voluntary assistance of local governments, particularly local law enforcement agencies, to remove individuals from the families and livelihoods they have built in the U.S. Localities have no legal authority to enforce immigration laws and no legal obligation to assist DHS with its immigration enforcement actions. Yet local assistance with federal immigration work continues across the country. Three out of every four counties will voluntarily detain individuals at the request of Immigration and Customs Enforcement (ICE). Threats and attempts to deny federal grants to "sanctuary jurisdictions" - loosely identified as those who enact policies limiting involvement of their local law enforcement agencies in immigration enforcement - have been key strategies in Trump's anti-immigrant agenda. From executive order pronouncements and Department of Justice (DOJ) policy decisions to near weekly public speeches invoking threats against and denunciations of sanctuary policies, the administration has sought to force localities to help carry out its increased deportation efforts, pushing local agencies to prioritize federal immigration enforcement over their own community concerns - and seeking to punish those who rightfully refuse to be involved. However, efforts to thwart sanctuary policies have failed in a number of ways. During 2017, local policies limiting involvement with ICE expanded in spite of, and sometimes because of, the hateful anti-immigrant rhetoric and policy changes in the Trump Administration. Over 400 counties now have stronger limitations on engaging in immigration enforcement than they did a year ago. Under pressure from community members and advocates, cities, counties, and states across the country enacted new laws and policies disengaging with federal immigration enforcement in a variety of manners, from restricting ICE access within their jails to refusing to honor ICE detainers, which are requests to detain someone for apprehension by ICE - a detention that federal courts continue to find unconstitutional. Federal courts have also ruled against other unconstitutional overreaches by the federal government, issuing new rulings on the strict limits of local authority in immigration enforcement and preventing the administration from stripping federal funding to sanctuary jurisdictions. In 2018, strengthening and expanding local sanctuary policies will be crucial to resisting the anti-immigrant Trump agenda. Though we recognize that sanctuary policies alone are not sufficient to prevent deportations, we hope that their adoption continues and increases over the Trump administration's second year. The Immigrant Legal Resource Center (ILRC) will continue our work to support and advise local advocates and city, county, and state government bodies across the country to fight back against unjust detention and deportations and to protect immigrant rights. Details: Immigrant Legal Resource Center, 2018. 32p. Source: Internet Resource: Accessed September 14, 2018 at: https://www.ilrc.org/sites/default/files/resources/rise_of_sanctuary-lg-20180201.pdf Year: 2018 Country: United States URL: https://www.ilrc.org/sites/default/files/resources/rise_of_sanctuary-lg-20180201.pdf Shelf Number: 151528 Keywords: Department of Homeland SecurityIllegal ImmigrationImmigrationImmigration Customs EnforcementImmigration PolicySanctuary City |
Author: Wang, Shuguang Title: (No) Access T.O.: A Pilot Study on Sanctuary City Policy in Toronto Canada Summary: The "sanctuary city" movement is a grassroots, human rights-based response to increased numbers of non-status migrants living and working in global cities (Faraday 2012; Sawchuk & Kempf 2008; Bhuyan 2012; OCASI 2012). Non-status migrants live in situations of extreme precariousness - they are subject to detention and deportation if identified by federal authorities; often work in poor conditions; are socially isolated; face poverty, abuse, and exploitation; and are unable to safely access essential social services, including those related to public health, education, labour, shelters, food banks, and police services (Gibney 2000; De Giorgi 2010; Noll 2010). In February 2013, Toronto became the first "sanctuary city" in Canada, which is currently styled "Access T.O." Hamilton and Vancouver followed suit in 2014 and 2016, respectively. The primary objective of Access T.O. is to ensure that all residents are able to access municipal and police services, regardless of immigration status. The policy directs city officials not to: 1) inquire into immigration status when providing select services, 2) deny non-status residents access to services to which they are entitled, and 3) share personal or identifying information with federal authorities, unless required to do so by federal or provincial law (City of Toronto 2013). There are many questions surrounding Access T.O., not the least of which: is it working? The answer to this question depends very much on what one takes the goals of the policy to be, as well as what measures of success one employs. Is the policy concerned with providing access to municipal services i.e. local bureaucratic membership (de Graauw 2014)? Does it have a larger, multijurisdictional significance, helping advocates challenge exclusionary federal (and provincial) laws? Does it have a more local or even transnational, non-state significance, shifting ideas around community, belonging, and political relationships? (McDonald 2012:143)? The purpose of this paper is to share the results of a pilot study that explored whether Access T.O. is working. For approximately one year, we conducted legal, policy, and qualitative research into what barriers are the most significant and how they may be removed. Our qualitative research included interviews with 24 stakeholders, including City officials, Community Service Organizations (CSOs), NGOs, professionals (e.g. physicians, lawyers), and non-status migrants. Although the study was concerned with Access T.O. in all of three of the above-mentioned senses, this working paper places the policy primarily in the context of access to City services, and not so much in the broader contexts of federal/provincial law or shifting political identities, interests, and relationships. Access T.O. began as a symbolically ambitious but practically cautious policy - and it remains so. Despite major newspaper headlines circulated at the time, City Council never fully committed itself to a sanctuary city policy. By "reaffirming" the City's commitment to non-status residents, Council seems to have thought that the policy was more or less informally in place already. It then called on various City officials to report back on the financial and resource costs of additional measures, including training and community outreach, but has yet to provide any additional funding of note. Finally, it called on the provincial and federal governments to shoulder their share of responsibility for more systematic legislative and policy change, but has not yet entered into a dialogue with either government on the subject. After this series of pronouncements, Council has been relatively inactive in this area. In these respects, it may be more accurate to view Access T.O. as a pilot project than as a full policy. We argue that it is time for Council to commit itself to the policy, including by providing the funding and mandate for: more comprehensive training tailored to specific Divisions, dedicated Access T.O. portfolios within many (if not all) City divisions, "service integration" geared towards better community engagement and capacity-building, and revisiting the City's position on the collection and protection of demographic data. The paper will begin by placing Access T.O. in jurisdictional context, including its demographic and historical background. We will then provide an overview of the nature and origins of Access T.O. We then shift to the research project, outlining out methodology and analyzing select themes that arose during our interviews. Embedded within these interpretations will be recommendations aimed at improving the effectiveness of Access T.O. Details: Canada, 2017. 39p. Source: Internet Resource: Accessed September 14, 2018 at: https://www.ryerson.ca/content/dam/rcis/documents/RCIS%20Working%20Paper%202017_1GHudsonFinal%20.pdf Year: 2017 Country: Canada URL: https://www.ryerson.ca/content/dam/rcis/documents/RCIS%20Working%20Paper%202017_1GHudsonFinal%20.pdf Shelf Number: 151549 Keywords: Illegal ImmigrationImmigrationImmigration PolicySanctuary City |
Author: Hong, Kari E. Title: Weaponizing Misery: The Twenty-Year Attack on Asylum Summary: The Trump Administration is attacking asylum seekers - both in words and in deeds. In Attorney General Sessions's speech against "dirty immigration lawyers", for whom he blames for the rampant "fraud and abuse" in the system, the Attorney General highlighted policy initiatives undertaken by the Trump Administration to deter, delay, and deny asylum applicants who are seeking protections. This Article identifies the Trump administration's new policies and practices and criticizes those that impose irrational or unnecessary burdens on asylum seekers. More salient, however, is that the Trump Administration's attack on asylum is not a break from past practices. To the contrary, for over 20 years, the preceding three administrations have imposed significant burdens on asylum seekers, because they either caved to irrational political pressures or lacked the political will to protect those who need more. Change is needed and concrete policy reforms exist. But the precondition to reform is the recognition that many newly-arriving immigrants who are poor and persecuted, ironically, are the unique guardians of the American values that our country holds dear. Those who gave up everything for freedom, anti-corruption principles, or a refusal to abet a repressive regime hold and transmit the core democratic principles our country needs to thrive. Through policy initiatives that have been weaponizing misery, we have been deterring and denying legitimate asylum claims. We continue to do so at the detriment of our own country's future. Details: Boston, MA: Boston College, 2018. 36p. Source: Internet Resource: Accessed October 5, 2018 at: https://law.lclark.edu/live/files/26747-lcb222article7hongpdf Year: 2018 Country: United States URL: https://law.lclark.edu/live/files/26747-lcb222article7hongpdf Shelf Number: 151547 Keywords: AsylumImmigration |
Author: Ramsey, Geoff Title: Responding to an Exodus: Venezuela's Migration and Refugee Crisis as Seen from the Colombian and Brazilian Borders Summary: As the political, social and economic crisis in Venezuela worsens, more and more Venezuelans are fleeing their country in droves each day. Impoverished Venezuelans are facing food and medicine shortages. Unable to sustain their families, many are seeking refuge abroad as a way out of their predicament. South American countries, which are unaccustomed to receiving such large migration flows, are struggling to respond to the needs of the Venezuelan migrant population. The United States has also seen an influx of Venezuelan migrants. Asylum data shows that Venezuela is now the most common nationality among those seeking asylum status in the United States. Since FY2017, the United States committed roughly $56 million in funding to governments and non-governmental groups in the regional response to Venezuela's exodus, and has pledged to support further efforts. Because this issue is both a domestic and regional policy priority for the U.S. government, it is important to look critically at the response to Venezuelan migration in the most affected countries, and how the U.S. can offer more effective support. The response so far is mixed, with some countries in the region adopting measures to restrict Venezuelan migration, and others opting for a more humanitarian response, facilitating special visas, asylum claims, and residency applications while addressing migrants' need for shelter, education, and economic opportunity. Yet the situation is fragile. As the flow of migrants grows, nationalist and xenophobic arguments will likely grow as well, creating potential for anti-immigrant policies as Venezuela's crisis drags on. And it appears destined to drag on. On May 20, Venezuelan President Nicolas Maduro claimed victory in presidential elections that were widely condemned as illegitimate. With Maduro claiming a new six-year term, the outlook for ordinary Venezuelans appears bleak, and it is very likely that the exodus of Venezuelans will accelerate in the coming months. This report applies a critical lens to the response from the two neighboring countries most affected by the exodus: Colombia and Brazil. It is based on the fieldwork conducted by the authors in Cucuta, Colombia, and Boa Vista and Pacaraima, Brazil, for ten days in late April 2018. Details: Washington, DC, 2018. 28p. Source: Internet Resource: Accessed October 11, 2018 at: https://www.wola.org/wp-content/uploads/2018/07/Final-VZ-Migration-Report-Final.pdf Year: 2018 Country: South America URL: https://www.wola.org/wp-content/uploads/2018/07/Final-VZ-Migration-Report-Final.pdf Shelf Number: 152882 Keywords: ImmigrationMigrantsMigrationRefugee |
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: 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: Gaston, Sophia Title: Out of the Shadows: Conspiracy Thinking on Immigration Summary: Out of the Shadows: Conspiracy Thinking on Immigration, a major new report by Sophia Gaston of the Centre for Social and Political Risk at the Henry Jackson Society, is published today. Polling conducted for the report shows 58% of British adults believe the Government is hiding the cost of immigration to taxpayers and society. The report finds that the rise in immigration levels and the public's concerns about immigration have coincided with the weakening of trust in governments and institutions. These forces are mutually reinforcing, with politicians seen to have systematically ignored and disregarded citizens' anxieties, challenging the contract that stands at the heart of Western democracies. The think tank undertook polling with Opinium to understand the number of British voters who had resorted to 'conspiratorial thinking' over the issue of immigration. Key findings were: - 58 percent of all British citizens believe the Government is hiding the true cost of immigration to taxpayers and society. Only 12% disagree with the contention that the Government is hiding these costs. - 51 percent of all Brits believe that successive governments have deliberately tried to make British society more diverse through its immigration policy. Of those who expressed a view, 59 percent believe that those who have spoken out about immigration in the media and politics have been treated unfairly. In a signal of how mainstream conspiracy thinking on immigration has become, 40 percent of Remain voters and 49 percent of Labour voters believe that the Government is concealing the economic and social costs of immigration. The report comes as Theresa May and her Government are scheduled to continue their promotion of the Withdrawal Bill by promoting it as a 'step change' on immigration policy. The report finds that distrust over immigration is far higher amongst Leave voters. 75 percent of Leave voters believe the Government is hiding the true costs of immigration - just 4 percent are convinced that the Government is not. Likewise, 65 percent of Leave voters believe that those who had spoken out on immigration had been treated unfairly. In news that will trigger alarm bells amongst Tory MPs, 62 percent of Conservative voters believe that the aim of Government policy over recent years had been to 'make Britain more ethnically diverse'. Details: London, U.K.: Centre for Social and Political Risk, 2018. 60p. Source: Internet Resource: Accessed December 18, 2018 at: https://henryjacksonsociety.org/wp-content/uploads/2018/12/Out-of-the-Shadows-Conspiracy-thinking-on-immigration.pdf Year: 2018 Country: International URL: https://henryjacksonsociety.org/publications/out-of-the-shadows-conspiracy-thinking-on-immigration/ Shelf Number: 154036 Keywords: Government ConspiracyIllegal ImmigrationImmigrationImmigration PolicyPublic Safety |
Author: Great Britain. National Audit Office Title: Handling of the Windrush Situation Summary: Between 1948 and 1973 many Commonwealth citizens came to the UK under successive pieces of immigration legislation. Some of these individuals, particularly those from Caribbean nations, have recently become known as the Windrush generation. The government amended existing immigration legislation with the Immigration Act 1971, which came into force in 1973. At this time, Commonwealth immigrants already settled in the UK were given indefinite leave to remain, but many were not issued with any documentation, and the Home Office (the Department) kept no records confirming these individuals' status. Over at least the past 10 years the government has further reformed immigration policies according to the principle that the right to live, work and access services in the UK should only be available to those migrants who are eligible. In the spring of 2018, the media began to report stories of people who had come to the UK from the Commonwealth, being denied access to public services, being detained in the UK or at the border, or removed from, or refused re-entry to, the UK. It was reported that some people did not have the paperwork to prove their legal right to reside in the UK. In April 2018, the government acknowledged that the Windrush generation had been treated unfairly and set up a taskforce and scheme to help individuals to resolve their immigration status. Content and scope of the report This report seeks: to increase transparency about what happened; and to establish whether problems with the Department's information management and management of immigration casework may have contributed to the situation. We are not questioning the merits of the Department's policy objectives. We examine: - the scale and impact of the problem of people from the Windrush generation potentially being denied access to services, or detained or removed from the UK; - whether the Department identified the potential for new legislation and policy to have adverse effects on the Windrush generation and others; - whether its systems, guidance and processes contributed to negative outcomes, such as wrongful detention and removal; - whether the quality of the Department's information was a factor in people being wrongfully detained, removed or denied access to services; - whether the Department had adequate feedback loops to identify any adverse or unintended consequences and responded appropriately to feedback; -and how the Department is now supporting people who might have been affected, through the Windrush scheme. Report conclusions The policy of successive governments to create a hostile/compliant environment for illegal migrants involved limiting access to benefits and services and tightening enforcement activities. This included a 'devolved approach' placing a duty on landlords and employers and public service providers to carry out checks. This predictably carried a risk of impacting on individuals who were, in fact, entitled to residence, but who did not have the necessary documents. The Department had a duty of care to ensure that people's rights and entitlements were recognised and this has been re-emphasised by the Prime Minister. We do not consider that the Department adequately considered that duty in the way that it introduced immigration policy. In its implementation of the policy with few checks and balances and targets for enforcement action, we do not consider, once again, that the Department adequately prioritised the protection of those who suffered distress and damage through being wrongly penalised, and to whom they owed a duty of care. Instead it operated a target‑driven environment for its enforcement teams. The clarity of briefing to the former Home Secretary on this issue has also been called into question. It is clear that the Department received warnings of the fact that people, including in one case an employee of the House of Commons, were being wrongly caught up in the enforcement and compliant environment sanction regimes it was responsible for, but this did not have the effect of stimulating inquiry, or timely action. The Department is now moving to identify affected individuals, and to compensate them. This is positive. However, it is still showing a lack of curiosity about individuals who may have been affected, and who are not of Caribbean heritage, on the basis that this would be a 'disproportionate effort'. In the circumstances, we find this surprising. It is clear that the Department's implementation of the policy, now resulting in a belated and costly exercise in seeking information and paying compensation, to say nothing of the reputational damage involved, was not value for money. Details: London, U.K.: Comptroller and Auditor General, 2018. 48p. Source: Internet Resource: Accessed December 19, 2018 at: https://www.nao.org.uk/report/handling-of-the-windrush-situation/ Year: 2018 Country: United Kingdom URL: https://www.nao.org.uk/wp-content/uploads/2018/12/Handling-of-the-Windrush-situation-1.pdf Shelf Number: 154034 Keywords: Illegal MigrantsImigrant DetentionImmigrationImmigration PolicyMigrantsWindrush |
Author: 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: Kandel, William A. Title: The Trump Administration's "Zero Tolerance" Immigration Enforcement Policy Summary: For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. While some request asylum at U.S. ports of entry, others do so after entering the United States "without inspection" (i.e., illegally) between U.S. ports of entry. On May 7, 2018, the Department of Justice (DOJ) implemented a zero tolerance policy toward illegal border crossing both to discourage illegal migration into the United States and to reduce the burden of processing asylum claims that Administration officials contend are often fraudulent. Under the zero tolerance policy, DOJ prosecutes all adult aliens apprehended crossing the border illegally, with no exception for asylum seekers or those with minor children. DOJ's policy represents a change in the level of enforcement for an existing statute rather than a change in statute or regulation. Prior Administrations prosecuted illegal border crossings relatively infrequently. Criminally prosecuting adults for illegal border crossing requires detaining them in federal criminal facilities where children are not permitted. While DOJ and the Department of Homeland Security (DHS) have broad statutory authority to detain adult aliens, children must be detained according to guidelines established in the Flores Settlement Agreement (FSA), the Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act of 2008. A 2015 judicial ruling held that children remain in family immigration detention for no more than 20 days. If parents cannot be released with them, children are treated as unaccompanied alien children and transferred to the Department of Health and Human Services' (HHS's) Office of Refugee Resettlement (ORR) for care and custody. The widely publicized family separations are a consequence of the Trump Administration's 100 percent prosecution policy, not the result of any family separation policy. Since that policy was implemented, up to 3,000 children may have been separated from their parents. Following mostly critical public reaction, President Trump ordered DHS to maintain custody of alien families during the pendency of any criminal trial or immigration proceedings. DHS Customs and Border Protection (CBP) subsequently stopped referring most illegal border crossers to DOJ for criminal prosecution. A federal judge then mandated that all separated children be promptly reunited with their families. Another rejected DOJ's request to modify the FSA to extend the 20-day child detention guideline. DHS has since reverted to some prior immigration enforcement policies. Family unit apprehensions, which increased from just over 11,000 in FY2012 to 68,560 in the first nine months of FY2018, are occurring within relatively low historical levels of total alien apprehensions. The national origin of recently apprehended aliens and families has shifted from mostly Mexican to mostly Central American. Administration officials and immigration enforcement advocates argue that measures like the zero tolerance policy are necessary to discourage migrants from coming to the United States and submitting fraudulent asylum requests. They maintain that alien family separation resulting from the prosecution of illegal border crossers mirrors that occurring under the U.S. criminal justice system policy where adults with custody of minor children are charged with a crime and held in jail, effectively separating them from their children. Immigrant advocates contend that migrant families are fleeing legitimate threats from countries with exceptionally high rates of gang violence, and that family separations resulting from the zero tolerance policy are cruel and violate fundamental human rights - such as the ability to request asylum. They maintain that the zero tolerance policy was hastily implemented and lacked planning for family reunification following criminal prosecutions. Some observers question the Trump Administration's capacity to marshal sufficient resources to prosecute all illegal border crossers without additional resources. Others criticize the family separation policy in light of less expensive alternatives to detention. Details: Washington, DC: Congressional Research Service, 2018, 24p. Source: Internet Resource: Accessed January 11, 2019: https://fas.org/sgp/crs/homesec/R45266.pdf Year: 2018 Country: United States URL: https://www.hsdl.org/?abstract&did=814001 Shelf Number: 154108 Keywords: Asylum SeekersBorder SecurityCustoms and Border ProtectionFamily SeparationHomeland Security Act of 2002Illegal ImmigrantsImmigrationImmigration EnforcementMigrantsTrafficking Victims Protection Reauthorization Act |
Author: Global Detention Project Title: Immigration Detention in France: Longer, More Widespread, and Harder to Contest Summary: France has one of Europe's oldest - and largest - administrative immigration detention regimes. Since 1981, the year it adopted its first law explicitly providing for immigration detention, the country has passed some 30 immigration laws. In 2017, the country placed 46,857 people in immigration detention, 42 percent of whom were held in overseas territories (by way of comparison, in the United Kingdom, during the year ending in March 2018, approximately 29,000 people "entered detention"). Detainees in France spent on average 12.8 days in detention, far below the 45 days legal limit in place at that time. France operates 24 long-term immigration detention centres, euphemistically labelled centres de retention administrative ("administrative retention centres"), which have a total capacity of 1,543 beds. The country also operates 26 short-term administrative detention facilities called locaux de retention administrative. In 2018, the Interior Ministry announced plans to boost bed space in CRAs by 450 during 2019. Although European Union (EU) law allows member states to detain migrants for up to 18 months for deportation purposes, France retained - until recently - one of the lowest limits among EU member states (along with Iceland [42 days] and Spain [60 days]). In 2018, however, the situation changed significantly - prompted by Europe's "migration crisis" - with the adoption of controversial new legislation which, inter alia, doubles the detention limit to 90 days and reduces the time frame to apply for asylum from 120 days to 90 days. Many civil society organisations and national human rights institutions challenged the new law, with some critics calling it the Code de la honte ("code of shame"). The French ombudsman said, "Contrary to the discourse that everything should be done in favour of asylum seekers, they are in fact badly treated by this project." According to the ombudsman, the accelerated asylum procedures will "impose impossible deadlines on asylum seekers - which risks causing asylum seekers to lose their rights to appeal." Another recently adopted law, the March 2018 asylum bill, also came under sharp criticism because of fears that it may lead to widespread detention of asylum seekers who are awaiting transfer to another EU country under the Dublin III procedure. The law, which allows for the detention of people who have not yet been served an expulsion order, represents a major departure from previous French asylum protection policies. French NGOs are present on a daily basis inside the centres de retention administrative (CRAs) to provide legal and other forms of advice to detainees. Each year, they publish joint authoritative analyses of laws, policies, and practices, as well as detailed information on every detention facility. While having a permanent civil society presence in immigration detention centres is not wholly unique to France (in Lebanon, for instance, Caritas has had an office in the countrys main immigration detention centre), the French system seems to stand apart from others in the breadth of involvement of NGOs inside its 24 long-term facilities. As a result, there is a tremendous amount of readily available information about operations at detention centres, which is exceedingly rare. In the French overseas territory of Mayotte (part of the Comoros archipelago in the Indian Ocean), the French Constitution and successive immigration laws authorise important derogations to the application of immigration law. Local authorities expelled some 60 people a day from Mayotte during 2016 (with most denied access to a lawyer or judge before their expulsion)11 in defiance of the French ombudsman's recommendations as well as the European Court of Human rights' jurisprudence on the right to access an effective remedy. Although it has a population of less than 250,000, Mayotte manages to deport nearly 20,000 people each year: 17,934 in 2017 and 19,488 in 2016. In many countries the language of immigration detention can appear to be opaque or misleading. In the case of France, it crafted the terminology retention administrative ("administrative retention") as early as 1981, when it adopted its first immigration detention provisions. While some countries, including Argentina, have adopted this language, French-speaking countries like Belgium, Canada, and Switzerland continue to employ the word detention. A joint ministerial audit in 2005 found that this language created a "paradoxical" situation because "the alien placed in retention remains a free person, against whom no charge has been laid; he is only momentarily 'retained,' for the time required for organising his return. The whole paradox of retention lies in this principle. Before the judge of liberty and detention (JLD) the procedure is civil even if it borrows aspects of criminal law, in particular because the JLD can challenge the conditions of the arrest and the regularity of the custody." While many leading French advocates and academics have argued that detention centres should be called "camps" and denounced the use of euphemistic language when referring to places of deprivation of liberty, French civil society for the most part seems not to have specifically challenged the use of the word retention. However, the impact of this "paradoxical" phrasing is often clear in public and official discourse. For instance, during the debate over the 2018 legislation, the Minister of Justice misleadingly characterised the detention of families as allowing "children to be in an administrative centre with their parents." Civil society protest against immigration detention is common. Non-violent silence protests (cercles de silences) have been regularly held in many French cities since 2011. Many NGOs have argued that detention is a disproportionate response to irregular migration and that it largely fails in its stated purpose of enabling removal since less than half of the country's detainees are expelled following detention (40 percent of immigration detainees in mainland France were expelled in 2017, 42 percent of whom were expelled to another EU country). In contrast, officials bemoan that the high proportion of expulsion orders cancelled by judges creates obstacles, even though these judgments are based on respect for the rule of law. Details: Geneva, Switzerland: Global Detention Project, 2018. Source: Internet Resource: Accessed January 17, 2019 at: https://reliefweb.int/report/france/immigration-detention-france-longer-more-widespread-and-harder-contest Year: 2018 Country: France URL: https://reliefweb.int/sites/reliefweb.int/files/resources/Immigration-Detention-in-France-October-2018.pdf Shelf Number: 154243 Keywords: Asylum SeekersDeportationHuman Rights AbusesImmigrationImmigration DetentionImmigration EnforcementImmigration PolicyMigrationRefugees |
Author: Francis, Jenny Title: Institutional humanism and the animalization of criminalized refugee youth in Canada Summary: Drawing on interviews with youth and youth professionals, this dissertation explores institutional humanism in the lives of the young people who took part in the study by focusing on the operationalization of humanist categories and exclusions in criminal justice, immigration, social welfare, and education policies. Examining the role of policy in the production of precarity, I argue that humanism is smuggled into institutional practice through racism, sexism, classism, ageism, and ableism, which, as expressions of being less than human, depend on the separation of the human (culture) from the non-human (nature) at the core of humanist thought. By creating conditions within which certain bodies are dehumanized and others are humanized, policies perform particular figurations of the human and sub/non-human; via these processes law and policy maintain race, class, gender, and species hierarchies. To make this argument, I analyse four performances that establish the separation of criminalized refugee youth from the human category: the erasure of personal histories, denial of human rights, production of disposability, and subjection to violence. These conditions are prompted by existing narratives that construct criminals, Muslims, Black people, youth, and refugees as less than human (closer to nature). Institutional policies and practices both reinforce and are sustained by discourses of humanity and animality that produce precarity as part of the "anthropological machine" that determines whose body and knowledge matters and who may be subjected to violence and denied rights and protections. These ontological and epistemological questions underscore the fragility of the human conceived as a separate and superior species. Focusing on species also offers a new way to consider how power and identity are inscribed in the lives of refugees and criminalized persons in Canada. Since addressing injustice at a deep level requires consideration of how human/nature dualisms underwrite violence, dispossession, and injustice, my aim is not the extension of liberal humanism to excluded Others, but a transformation of humanism. Details: Vancouver: University of British Columbia, 2016. 271p. Source: Internet Resource: Dissertation: Accessed January 24, 2019 at: https://open.library.ubc.ca/cIRcle/collections/ubctheses/24/items/1.0319176 Year: 2016 Country: Canada URL: https://open.library.ubc.ca/cIRcle/collections/ubctheses/24/items/1.0319176 Shelf Number: 154392 Keywords: Criminalization of Immigrants Immigrants ImmigrationRefugees |
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: Jesuit Social Services and Effective Change Pty Ltd Title: The Harsh Reality of Onshore Immigration Detention in Australia Summary: Three recent suicides in just over six months at immigration detention facilities in Sydney and in Western Australia are yet another painful illustration of the human toll that prolonged immigration detention has caused people in Australia, including children and people seeking asylum. Numerous independent reports over many years have documented shocking levels of mental health problems, cases of self-harm, hunger strikes, deaths and mistreatment in detention. While the number of people in onshore immigration detention has decreased in recent years, visitors, organisations and people formerly detained all describe conditions that have grown increasingly harsh. In parallel, the rules and regulations pertaining to visiting people in detention have also been widely criticised as opaque, constantly changing and overly restrictive. In 2017, the Refugee Council of Australia (RCOA) documented some of the challenges faced by visitors to immigration detention facilities, including arbitrary and inconsistently applied rules, invasive searches and drug tests, and other intensified security conditions that made visits less sociable. Information provided to Jesuit Social Services by regular visitors to immigration detention centres in Melbourne, Sydney and Western Australia suggests that little has changed since RCOA's report. In some respects, the situation is getting worse. In a system where people feel forgotten, where they are desperate enough to forgo food, to self-harm, and worse, the important role of visitors to detention should not be overlooked. Unnecessary restrictions on visits that may deter or inhibit people providing valuable friendship and support to those detained across the country should be opposed. Drawing on the voices of visitors, this brief sets out key facts on the current situation in onshore immigration detention in Australia; the conditions and impacts of prolonged detention; the important role of visitors and the nature of restrictive rules and regulations on visiting detention centres. Details: S.L.: Jesuit Social Services, 2019. 7p. Source: Internet Resource: Accessed September 3, 2019 at: https://jss.org.au/wp-content/uploads/2019/07/Onshore-Detention-paper_FINAL_July2019-002.pdf Year: 2019 Country: Australia URL: https://jss.org.au/the-harsh-reality-of-onshore-immigration-detention-in-australia/ Shelf Number: 158123 Keywords: Asylum Seekers Detention Centers Detention Facilities Illegal Immigration Immigration |