The Reversal of Migratory Family Lives: A Cape Verdean Perspective on Gender and Sociality pre- and post-deportation

The Reversal of Migratory Family Lives: A Cape Verdean Perspective on Gender and Sociality Pre- and Post-deportation (Heike Drotbohm, 2014) Deportation, as a coerced and involuntary mode of return migration, contradicts common assumptions and understandings of transnational livelihoods. This can be felt particularly strongly in the realm of the family—the social sphere where migration is facilitated and enacted. Drawing on anthropological fieldwork in Cape Verdean transnational social fields, this paper applies a gendered perspective in examining how deportation affects individual Read More

Causas e impactos de la deportación de migrantes centroamericanos de Estados Unidos a México

Causas e impactos de la deportación de migrantes centroamericanos de Estados Unidos a México (Simón Pedro Izcara Palacios y Karla Lorena Andrade Rubio, 2014). Durante la última década el número de migrantes expulsados con una orden de deportación de Estados Unidos a México casi se ha duplicado. No todos los migrantes deportados a México tienen nacionalidad mexicana, algunos son ciudadanos de países centroamericanos. Este artículo, fundamentado en una metodología cualitativa que incluye entrevistas en profundidad a 75 migrantes centroamericanos que Read More

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad (2014, Tianyin Luo and Sean Lai McMahon) Today, many immigrants who have won their deportation cases on appeal before a circuit court—a filing called a ‘‘petition for review’’—are stranded in their countries of origin, with no way to return to the U.S. This problem is caused by the government’s insistence on deporting immigrants who have a legal right to remain in the United States before they have Read More

Conditions Facing Guatemalans Deported from the US: Concerns and Recommendations for a Rights-Based Approach

Conditions Facing Guatemalans Deported from the US: Concerns and Recommendations for a Rights-Based Approach (2014, The Guatemalan Human Rights Commission) An average of two ICE planes arrive every day at the Guatemala City airport carrying Guatemalans deported from the US; some individuals are detained in the desert a few days after crossing into the United States while others have lived in the US for years. An ICE official recently estimated that a total of 50,000 Guatemalans were deported from the Read More

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship (Kari Hong, Georgetown Immigration Law Journal (2015)). As a creature of administrative law, Congress has set forth clear, statutory definitions of “parent,” “child,” “son,” “daughter,” and “step-parent.” As a practical matter, these terms create a uniform system by which family relationships are recognized and immigration benefits are conferred. In one notable exception, Congress directs adjudicators to look to state law when determining which children are citizens at birth. Derivative citizenship, the legal process Read More

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien (Audrey Macklin, 40:1 Queen’s LJ, 2014) Since 9/11, Western governments have redefined what it means to be a citizen. Though citizenship is often thought of as an inalienable right, the emergence of the “homegrown ” terrorist has called into question whether certain citizens deserve the protection that citizenship status provides. Although international treaties preclude a country from rendering a person stateless, recent legislative and executive action in the Read More

Case of Expelled Dominicans and Haitians v. Dominican Republic

CASE OF EXPELLED DOMINICANS AND HAITIANS v. DOMINICAN REPUBLIC (Inter-American Court of Human Rights 2014) Inter-American Court of Human Rights. 2014. Case of Expelled Dominicans and Haitians v. Dominican Republic. Submission of the case and synopsis: On July 12, 2012, in accordance with Articles 51 and 61 of the Convention, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the Court case 12,271 against the State of the Dominican Republic (hereinafter “the State” or Read More

Deporting Fathers: Involuntary Transnational Families and Intent to Remigrate among Salvadoran Deportees

Deporting Fathers: Involuntary Transnational Families and Intent to Remigrate among Salvadoran Deportees (Jodi Berger Cardoso, Erin Randle Hamilton, Nestor Rodriguez, Karl Eschbach, Jacqueline Hagan, International Migration Review, 2016; Volume 50, Issue 1) One-fourth of deportees from the United States are parents of US-citizen children. We do not know how separation from families affects remigration among deportees, who face high penalties given unlawful reentry. We examined how family separation affects intent to remigrate among Salvadoran deportees. The majority of deportees with children Read More

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia (Daan Bes, et al. 2014) In 2013 the European Court of Human Rights (ECtHR) communicated to the Dutch Government several complaints against the Netherlands of Somali applicants who claim that their expulsion to their country of origin would violate Article 3 of the European Convention of Human Rights (ECHR). In the context of these complaints the ECtHR referred questions to the Dutch Government on: Read More

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights (Zia Akhtar, International Journal of Public Law and Policy, Vol. 4, No. 2, 2014) The legal regime has become increasingly strict for those facing deportation as ‘illegal’ migrants in both the UK and the USA. The UK Borders, Citizenship and Immigration Act 2009 has created an overlap between criminal and the seeker of asylum or refugee. It has led to the overstayers’ confinement without safeguards for their age Read More

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context (Ramanujan Nadadur, Yale Human Rights and Development Journal: Vol. 16: Iss. 1, Article 5, 2013). Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the Obama Administration has removed nearly 400,000 Read More

Creating CrImmigration

Creating CrImmigration (César Cuauhtémoc García Hernández, 2013 Brigham Young University Law Review 1457 (2013)). Scholars from a variety of disciplines have begun to map the contours of crimmigration law, the convergence of criminal law and immigration law, in the United States. None, however, has explained why these two bodies of law, long operating mostly independently of each other, began to intersect with increasing frequency and severity in the closing decades of the twentieth century and not earlier. This Article unravels the political Read More

Life After Deportation: Surviving as a Dominican Deportee

Life After Deportation: Surviving as a Dominican Deportee (Evan Rodkey, 2014) This thesis is the culmination of an ethnographic study centered on the survival strategies of deportees from the United States living in Santo Domingo, the capital of the Dominican Republic. The focus is on people who moved to the U.S. at a young age and later faced deportation as adults for conviction of a crime after spending many years—near lifetimes in many cases—in the U.S. Over the course of Read More

Immigration Law and the Myth of Comprehensive Registration

Immigration Law and the Myth of Comprehensive Registration (Nancy Morawetz & Natasha Fernández-Silber, 48 U.C. Davis L. Rev. 141 (2014)). This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate — there exists a comprehensive federal alien registration system; this scheme obligates all non-citizens in the Read More