“Los Deportados”: The Transnational Blowback of the United States Deportation Practices and the Hidden Costs of Mass Deportations

“Los Deportados”: The Transnational Blowback of the United States Deportation Practices and the Hidden Costs of Mass Deportations (2013, Hansel Alejandro Aguilar – master’s thesis) The narratives of deportees’ experiences as they are forcibly returned “home” deserves more attention especially if the United States government fails to achieve comprehensive immigration reform in the near future. What is happening to los deportados we have been sending to their “homes” in Latin America that are struggling to maintain their societal structure with their current Read More

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air (2013, Anne-Mari Virolainen – Committee on Migration, Refugees and Displaced Persons – Council of Europe)  Following a steady increase in the number of forced returns of irregular migrants and failed asylum seekers, and in view of the risk of ill-treatment during these forced returns, there is an urgent need to draw up common standards on removal procedures by land, sea and air and on monitoring these Read More

“Don’t Deport Our Daddies”: Gendering State Deportation Practices and Immigrant Organizing

“Don’t Deport Our Daddies”: Gendering State Deportation Practices and Immigrant Organizing (Manisha Das Gupta, Gender & Society, Vol 28, Issue 1, 2014) New York based Families For Freedom (FFF) is among a handful of organizations that directly organize deportees and their families. Analyzing the organization’s resignification of criminalized men of color as caregivers, I argue that current deportation policies and practices reorganize care work and kinship while tying gender and sexuality to national belonging. These policies and practices severely compromise Read More

The Privatization of Immigration Detention: Towards a Global View

The Privatization of Immigration Detention: Towards a Global View (Flynn and Cannon, 2009) Flynn, Michael and Cannon, Cecilia Josephine, The Privatization of Immigration Detention: Towards a Global View (September 1, 2009). Available at SSRN: https://ssrn.com/abstract=2344196or http://dx.doi.org/10.2139/ssrn.2344196 The phrase “private prison” has become a term of opprobrium, and for good reason. There are numerous cases of mistreatment and mismanagement at such institutions. However, in the context of immigration detention, this caricature hides a complex phenomenon that is driven by a number of different Read More

Addition by Subtraction? A Longitudinal Analysis of the Impact of Deportation Efforts on Violent Crime

Addition by Subtraction? A Longitudinal Analysis of the Impact of Deportation Efforts on Violent Crime (Jacob I. Stowell, Steven F. Messner, Michael S. Barton, Lawrence E. Raffalovich, Law & Society Review,  47(4), 2013). Contemporary criminological research on immigration has focused largely on one aspect of the immigration process, namely, the impact of in‐migration (i.e., presence or arrival) of foreign‐born individuals on crime. A related but understudied aspect of the immigration process is the impact that the removal of certain segments of Read More

Lack of Detained Parents’ Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship

Lack of Detained Parents’ Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship (2013, Sarah Rogerson) Immigration law enforcement has numerous intended and unintended consequences for immigrant families. When a parent is detained as a result of immigration enforcement activities, their ability to access to the family justice system is limited and there are few, if any, due process protections afforded to them. As a result, it is now well-documented that children of detained parents have Read More

Unsafe Return II

Unsafe Return II (2013, Catherine Ramos) This report has been prepared in order to continue to inform the Home Office, FCO and government departments such as the Country of Origin Information Service of new information relating to the post return experience of Congolese returnees to DRC. Since 2010 Home Office departments have been provided with evidence in order to inform policy, as recommended by the Independent Asylum Commission. This included the report Unsafe Return – Refoulement of Congolese asylum seekers’ Read More

Subject to Deportation: IRCA, ‘criminal aliens,’ and the policing of immigration

Subject to Deportation: IRCA, ‘criminal aliens,’ and the policing of immigration (Jonathan Xavier Inda, Migr Stud (2013) 1 (3): 292-310) The targeting of criminal offenders for removal has become one of the central priorities of contemporary immigration enforcement in the USA. Scholars have rightly highlighted the importance of a series of laws passed during the 1990s, in particular the Antiterrorism and Effective Death Penalty Act, and the Illegal Immigration Reform and Criminal Responsibility Act, in laying the foundations for this targeting Read More

Defining difference: the role of immigrant generation and race in American and British immigration studies

Defining Difference: The Role of Immigrant Generation and Race in American and British Immigration Studies (Mary Waters, Ethnic and Racial Studies: Vol 37, No 1 (2014)). This article reviews the ways in which Britain and the USA classify and analyse the integration of immigrants and their descendants. While both societies recognize racial differences in their official statistics and in the academic analyses of change over time, the USA tends to classify immigrants and their descendants by immigrant generation much more than Read More

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

Turning Migrants into Criminals: The Harmful Impact of US Border Prosecutions

Turning Migrants into Criminals:  The Harmful Impact of US Border Prosecutions (Human Rights Watch 2013) Human Rights Watch. “Turning Migrants into Criminals: The Harmful Impact of US Border Prosecutions.” 2013. https://www.hrw.org/report/2013/05/22/turning-migrants-criminals/harmful-impact-us-border-prosecutions. Illegal entry and presence in the United States without authorization violate US civil immigration law and are punishable by removal from the country and other civil law penalties. The act of entering the United States without authorization (illegal entry) and the act of reentering after deportation (illegal reentry) are Read More

What Happens Post-Deportation? The Experience of Deported Afghans

What Happens Post-Deportation? The Experience of Deported Afghans (2013, Liza Schuster and Nassim Majidi) Deportation, understood as the physical removal of someone against their will from the territory of one state to that of another, has moved to the forefront of academic and policy agendas. Although there is a growing literature on legislation and policy, there is very little in-depth data on what happens post-deportation. In this article, we examine possible post-deportation outcomes. We argue that, whatever reasons existed for Read More

Parental Deportation, Families, and Mental Health

Parental Deportation, Families, and Mental Health (Schuyler W. Henderson, M.D., M.P.H. & Charles D.R. Baily, M.S., Journal of the American Academy of Child & Adolescent Psychiatry, Vol. 52, Issue 5, May 2013) There are an estimated 5.5 million children in the United States whose parents are unauthorized immigrants, and approximately three fourths of these children are American citizens. For these children, parental deportation is a real threat. From 1998 through 2007, more than 100,000 parents of U.S. citizen children were deported. Since then, immigration Read More

Stateless in the United States: Current Reality and a Future Prediction

Stateless in the United States: Current Reality and a Future Prediction (Polly Price, Vanderbilt Journal of Transnational Law, vol. 46:443, 2013) Statelessness exists in the United States a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Read More

How Private Prisons Game the Immigration System

How Private Prisons Game the Immigration System (Lee, 2013) Fang, Lee. 2013. “How Private Prisons Game the Immigration System.” The Nation, February 27. https://www.thenation.com/article/how-private-prisons-game-immigration-system/. Major private prison corporations, Corrections Corporation of America (CCA), the biggest operator of private prisons in the world, and the Geo Group are lobbying for enforcement-heavy immigration reform.  Both group profit from the detention and deportation of undocumented immigrants in the U.S.  

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations (Sheldon Novick, Georgetown Immigration Law Journal, Vol. 27, No. 3, p.485, 2013) Current “comprehensive immigration reform” proposals would regularize the status of some undocumented immigrants, and provide a path to citizenship. Those would be important reforms, if less than comprehensive. Discussions of immigration reform have not yet adequately addressed the human rights crisis caused by a program of mass deportation of “unlawful” aliens, a program in which Read More

Exploring Parent-Child Communication in the Context of Threat: Mixed-status families facing detention and deportation in post 9/11 USA.

Exploring Parent-Child Communication in the Context of Threat:  Mixed-status families facing detention and deportation in post 9/11 USA.  (M. Brinton Lykes, Kalina M. Brabeck & Cristina Hunter. Community, Work and Family, 16(2), 123-146 (2013)). This paper explores whether and how documented and undocumented migrant parents communicate with their children about the threats posed by the intensified enforcement of 1996 and 2001 US immigration reforms; whether parents facing potential detention and deportation plan for the care of their children; and whether their Read More

Outsourcing Criminal Deportees

Outsourcing Criminal Deportees (2013, Eleanor Marie Lawrence Brown) Introduction [excerpt] Source-labor countries—states that “export” migrants—are virtually invisible in immigration law scholarship. Notwithstanding the growing recognition that ever more people live transnational lives, the dominant conceptualization of immigration law and policy in the United States remains uni-nationally oriented. Under this approach, most immigration questions hinge on reforming and enacting federal laws. “Crimmigration” scholarship—located at the intersection of criminal and immigration law—embodies this uni-national paradigm. Recent contributions by Professors Mariano-Florentino Cuéllar and David Read More

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis (Won Kidane, 27 Emory Int’l L. Rev. 285 (2013) Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons – including noncitizens, also known as “aliens.” Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for Read More

Immigration Enforcement in the United States: The Rise of a Formidable Machinery (Meissner et al. 2013) Meissner, Doris, Donald M. Kerwin, Muzaffar Chishti, and Claire Bergeron. 2013. Immigration Enforcement in the United States: The Rise of a Formidable Machinery. Migration Policy Institute. The U.S. government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined, and has allocated nearly $187 billion for immigration enforcement since 1986. In fiscal 2012, the federal government spent Read More