Report on the Situation of Human Rights in the Dominican Republic

Report on the Situation of Human Rights in the Dominican Republic (IACHR 2015) Inter-American Commission on Human Rights. “Report on the Situation of Human Rights in the Dominican Republic.” 2015. http://www.oas.org/en/iachr/reports/pdfs/DominicanRepublic-2015.pdf. The Inter-American Commission on Human Rights is presenting this report to examine the situation with regard to the rights to nationality, legal personality, equality and nondiscrimination, as well as other related human rights from the situation created by judgment TC/0168/13 of the Dominican Republic’s Constitutional Court on September 23, 2013. Read More

Authorized and Unauthorized Immigrant Parents: The Impact of Legal Vulnerability on Family Contexts

Authorized and Unauthorized Immigrant Parents: The Impact of Legal Vulnerability on Family Contexts (Kalina Brabeck, Erin Sibley, & M. Brinton Lykes, Hispanic Journal of Behavioral Science, 2016). This study explores the social-ecological contexts of unauthorized immigrant families and their U.S.-born children, through examining how otherwise similarly low-income, urban, Latino immigrant families differ on the basis of the parents’ legal status and interactions with the immigration system. Drawing on social-ecological theory, variations based on parents’ legal vulnerability among exosystem-level experiences (e.g., Read More

ICE Enforcement and Removal Operations Report

ICE Enforcement and Removal Operations Report (2015, U.S. Immigration & Customs Enforcement) This report summarizes U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations’ (ERO) Fiscal Year (FY) 2015 removal activities. ICE shares responsibility for enforcing the Nation’s immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). In executing its enforcement duties, ICE focuses on two core missions: 1) the identification and apprehension of criminal aliens and other priority aliens located in Read More

Stopping the Revolving Door: Reception and Reintegration Services for Central American Deportees

Stopping the Revolving Door: Reception and Reintegration Services for Central American Deportees (Victoria Rietig & Rodrigo Dominguez Villegas, Migration Policy Institute, 2016) 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 Read More

2015 Immigration Control (Japan)

2015 Immigration Control (Japan, Immigration Bureau, Ministry of Justice, 2015) In this age of globalization, the Immigration Bureau, Ministry of Justice plays a vital role in both promoting sound international exchange by enabling foreign nationals visiting Japan for diverse reasons from various countries and regions to smoothly enter and stay in Japan and differentiating between which foreign nationals should and which foreign nationals should not be permitted to enter and stay in Japan so as to maintain the law and order Read More

The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice

The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice (Maslowski 2015) Maslowski, Solange. 2015. “The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice.” Central and Eastern European Migration Review 4 (2): 61–85. http://www.ceemr.uw.edu.pl/sites/default/files/CEEMR_Vol_4_No_2_Maslowski_The_Expulsion_of_European_Union_Citizens.pdf. The last decade has witnessed the development of a growing phenomenon, the expulsion of European Union (EU) citizens from a host Member State. While the EU encourages its citizens to use their fundamental right of Read More

“Without Papers, I Am No One”: Stateless People in the Dominican Republic

“Without Papers, I Am No One”: Stateless People in the Dominican Republic (Amnesty International, 2015.) A 2013 Constitutional Court judgment (Judgment 168-13) has made statelessness a matter of law for several generations of Dominicans of foreign descent. This report shows that several groups of people, mostly of Haitian descent, living in the country remain stateless. People who are stateless in the Dominican Republic and lack identity documents are denied a range of human rights and prevented from participating fully in Read More

Flights of Shame or Dignified Return? Return Flights and Post-Return Monitoring

Flights of Shame or Dignified Return? Return Flights and Post-Return Monitoring (Jari Pirjola, European Journal of Migration and Law 17(4):305-328 · November 2015) The purpose of this article is to discuss return flights in the context of international human rights standards. What are the standards that have so far been developed by international organisations and the international monitoring bodies and how these standards have been applied in practice during return flights? Besides evolving standards, the paper discusses unclarities that need to be addressed Read More

The President’s Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law

The President’s Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law (Hiroshi Motomura, 55 Washburn Law Journal 1 (2015)). In 2012, President Obama announced the Deferred Action for Childhood Arrivals (DACA) program, and in 2014, he announced an expansion of DACA as well as a new program called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Both programs would allow some noncitizens who may be subject to deportation (technically, “removal”) from the United States Read More

Deportación y Salud Mental en Migrantes Centroamericanos

Deportación y Salud Mental en Migrantes Centroamericanos (2015, Ietza Bojorquez) La deportación de migrantes centroamericanos en Estados Unidos afecta la salud mental tanto de quienes son repatriados, como de sus familias y comunidades. Aquéllos que son devueltos tras haber vivido largo tiempo en Estados Unidos dejan atrás familiares y amigos, y deben readaptarse a una sociedad con la que han perdido contacto. Los que son detenidos poco tiempo después de cruzar la frontera, en cambio, pueden experimentar sensación de fracaso Read More

Beyond Respectability: Dismantling the Harms of “Illegality”

Beyond Respectability:  Dismantling the Harms of “Illegality” (Angelica Chazaro, 52 Harv. J. on Legis. 355, 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a “path to earned citizenship.” However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to whom the path to citizenship is barred — such as those with prior Read More

Airport Casualties: Non-Admission and Return Risks at Times of Internalized/Externalized Border Controls

Airport Casualties: Non-Admission and Return Risks at Times of Internalized/Externalized Border Controls (2015, Maybritt Jill Alpes) This article analyzes what can happen to forced returnees upon arrival in their country of nationality. Subjective configurations of state agents in the Global South have created return risks, which in turn transform subjectivities of post-colonial citizens. The article contributes to this Special Issue by tracing repercussions of the externalization and internalization of border controls. In the case of Cameroon, these connections have resulted in Read More

Cutting Genuine Links: A Normative Analysis of Citizenship Deprivation

Cutting Genuine Links: A Normative Analysis of Citizenship Deprivation (Rainer Baubock & Vesco Paskalev, 30 Geo. Immigr. L.J. 47, 2015) Most critical analyses assess citizenship deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This paper considers citizenship deprivation policies instead from a political theory perspective—how deprivation policies reflect specific conceptions of political community. We distinguish four normative Read More

Migrants Deported from the United States and Mexico to the Northern Triangle: A Statistical and Socioeconomic Profile

Migrants Deported from the United States and Mexico to the Northern Triangle: A Statistical and Socioeconomic Profile (2015, Rodrigo Dominguez Villegas & Victoria Rietig) The United States and Mexico have apprehended nearly 1 million Salvadoran, Guatemalan, and Honduran migrants since 2010, deporting more than 800,000 of them, including more than 40,000 children. While the United States led in pace and number of apprehensions of Central Americans in 2010-2014, Mexico pulled ahead in 2015. Amid increasingly muscular enforcement by Mexico, U.S. Read More

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases (2015, Shuting Chen) This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many of them are apprehended again by immigration authorities, who may reinstate the prior removal order and severely limit the immigrants’ legal options. Although the government takes the position that such illegal reentrants are foreclosed from applying Read More

The Realities of Returning Home: Youth Repatriation in Guatemala

The Realities of Returning Home: Youth Repatriation in Guatemala (2015, Alejandra Argueta, Nathan Hesse, Michael Johnson, and Warren Newton) In the summer of 2014, record numbers of migrants from Central American countries, many of them unaccompanied minors, were intercepted at the U.S.-Mexico border. In the United States, much of the debate in the media and in Congress focused on how to process and return these migrants to their countries of origin—but what happens to these migrants after they are returned? This Read More

Humane and Dignified? Migrants’ Experience of Living in a ‘State of Deportability’ in Sweden

Humane and Dignified? Migrants’ Experience of Living in a ‘State of Deportability’ in Sweden (Daniela Debono, et al., 2015) The return of irregular migrants to their country of origin is an integral part of the European Union’s strategy for managing international migration. As we write, in June 2015, the European Commissioner, Dimitris Avramopoulos, in reaction to the lack of agreement between Member States on a comprehensive European Agenda on Migration and to increasing irregular migrant flows through the southern borders, Read More

Structured Dialogue on Building a Sustainable, Stable Immigration Enforcement System

Structured Dialogue on Building a Sustainable, Stable Immigration Enforcement System (2015, Kerry Abrams) This conversation was the final panel in a day-long conference on The Future of Immigration Enforcement that occurred on October 24, 2014. Panelists included several former high-level government officials from multiple administrations: Doris Meissner, who served as Commissioner of the Immigration and Naturalization Service (“INS”) under President Bill Clinton; Bo Cooper, who served as General Counsel to INS under President Clinton; Julie Myers Wood, who served as Read More

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin (2015, Charlotte Blondel, Marie Conciatori, Nausicaa Preiss, Meritxell Sayos Monras, Suzanne Seiller, Janine Uhlmannsiek ) Following the recent crisis in the Mediterranean Sea, the European Commission presented on May 15th 2015 a new European Agenda centred on the present challenges of global migration. As the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission stated, “with this agenda we confirm and Read More

A Cost-Benefit Analysis of the Federal Prosecution of Immigration Crimes

A Cost-Benefit Analysis of the Federal Prosecution of Immigration Crimes (2015, Kit Johnson) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court-house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its Read More

The Health Implications of Deportation Policy

The Health Implications of Deportation Policy (Juliana E. Morris & Daniel Palazuelos, Journal of Health Care for the Poor and Underserved; 26(2):406-9, May 2015) The United States detains and deports over 400,000 people annually. This large-scale effort has important consequences for the health of affected individuals and communities. A growing body of research suggests that deportation increases stress and mental illness, economic deprivation, and individual exposure to violence, while also contributing to destabilization and crime at the community level. The Read More

Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum

Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum (Geoffrey A. Hoffman, Nimra Chowdhry & Martha Chase, Houston Law Review: Off the Record, Vol. 5:2 (2015)) This Article raises awareness concerning an injustice caused by our current immigration system in the United States. It explains the facts and procedural history of one person’s fight to remain in the United States, and his ultimate physical deportation while his pro se case was still pending before the Fifth Circuit. Although such a deportation is not currently Read More

Deportations as Theaters of Inequality

Deportations as Theaters of Inequality (Amy Reed-Sandoval, Public Affairs Quarterly, Vol. 29, No. 2, April 2015) In this paper, I argue that deportations often serve as “theaters of inequality” that reinforce the unjust, widely held perception that Latina/os and Latin Americans do not belong in the united States and can therefore be treated as inferiors. My analysis focuses on the United States but is intended to be applicable to other states and contexts. Working within a relational egalitarian framework, I Read More

“We Deport Them but They Keep Coming Back”: The Normalcy of Deportation in the Daily Life of “Undocumented” Zimbabwean Migrant Workers in Botswana

“We Deport Them but They Keep Coming Back”: The Normalcy of Deportation in the Daily Life of “Undocumented” Zimbabwean Migrant Workers in Botswana (Treasa M. Galvin,  Journal of Ethnic and Migration Studies, Volume 41, Number 4, 21 March 2015, pp. 617-634(18)) Based on ethnographic fieldwork among ‘undocumented’ Zimbabwean migrants in Botswana, this paper examines the complex strategies ‘undocumented’ migrants employ to deal with the threat and occurrence of deportation. In particular, the paper considers the manner in which strategies used to Read More

Deportation Stigma and Re-migration

Deportation Stigma and Re-migration (Liza Schuster & Nassim Majidi, Journal of Ethnic and Migration Studies, Volume 41, Number 4, 21 March 2015, pp. 635-652(18)) Many, if not most, of those who are forcibly expelled from the country to which they have migrated will not settle in the country to which they have been returned but will leave again. A recent article examined some of the reasons why this should be so. It was argued that in addition to the factors that Read More

Mexico’s Southern Border Plan: More Deportations and Widespread Human Rights Violations

Mexico’s Southern Border Plan: More Deportations and Widespread Human Rights Violations (Boggs 2015) Boggs, Clay. 2015. “Mexico’s Southern Border Plan: More Deportations and Widespread Human Rights Violations.” WOLA. https://www.wola.org/analysis/mexicos-southern-border-plan-more-deportations-and-widespread-human-rights-violations/. Mexico’s Southern Border Plan (Programa Frontera Sur) was announced on July 7, 2014. Its stated objective is to bring order to migration in Mexico’s southern region while protecting the human rights of migrants who enter and travel through the country. The plan has coincided with a sharp increase in deportations from Mexico: according Read More

Deporting Social Capital: Implications for immigrant communities in the United States

Deporting Social Capital: Implications for immigrant communities in the United States (Jacqueline Hagan, David Leal & Nestor Rodriguez, Migr Stud (2015) 3 (3): 370-392) The United States currently removes approximately 400,000 individual migrants each year, which represents close to an eightfold increase since the mid-1990s. While scholars have studied the consequences of such policies for children and families, this article posits broader effects on communities through the reduction of immigrant social and human capital. Using findings from three studies of immigrant communities and Read More

The case against removal: Jus noci and harm in deportation practice

The case against removal: Jus noci and harm in deportation practice (Barbara Buckinx & Alexandra Filindra, Migr Stud (2015) 3 (3): 393-416) The United States removes from its territory almost 400,000 noncitizens annually—Germany removes about 50,000 people each year, France 26,000, and Canada 12,000. In this article, we focus on the impact of removal, and we argue that many individuals—often those who are best integrated in their countries of long-term residence—will suffer significant physical, psychological, economic, and social harm upon their return. Read More

Deciphering Deportation Practices Across the Global North

Deciphering Deportation Practices Across the Global North (Weber 2014) Weber, Leanne. 2014. “Deciphering Deportation Practices Across the Global North.” In The Routledge Handbook on Crime and Migration, edited by S. Pickering and J. Ham, 1sted., 155–78. Abingdon Oxon, UK: Routledge. doi:10.4324/9780203385562.ch10. The increasing use of deportation appears to be a universal phenomenon across the Global North, driven by uncertainties arising from globalization and the ubiquity of ‘the governmentality of unease’ (Bigo 2002). However, against this broad backdrop of apparent uniformity, Read More

Department of Immigration and Border Protection: Annual Report 2014-15 (Australia)

Department of Immigration and Border Protection: Annual Report 2014-15 (Australia) The Department of Immigration and Border Protection Annual Report 2014–15 has been prepared in accordance with the Department of the Prime Minister and Cabinet’s Requirements for Annual Reports for Departments, Executive Agencies and other Non-corporate Commonwealth Entities, issued on 25 June 2015. This year’s annual report has been prepared to inform the Australian Parliament about the Department’s performance in relation to its services in 2014–15. The report is divided into Read More

Life after Limbo: Stateless Persons in the United States and the Role of International Protection in Achieving a Legal Solution

Life after Limbo: Stateless Persons in the United States and the Role of International Protection in Achieving a Legal Solution (David C. Baluarte, n 29 Geo. Immigr. L.J. 351, 2015) Mikhail came to the United States from Turkmenistan on a Soviet passport when he was twenty-two. This was the final destination of a long circuitous journey that began when his ethnically Armenian family was forced to flee Azerbaijan, his country of birth, during the war between Azerbaijan and Armenia. He Read More

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons (2015, Daniel Kanstroom & Jessica Chicco) This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, reprinted in Appendix A, responds to what has become in recent years a major worldwide phenomenon: the deportation (also known as removal or expulsion) of large numbers of noncitizens. Read More

Smart(er) Enforcement: Rethinking Removal, Structuring Proportionality, and Imagining Graduated Sanctions

Smart(er) Enforcement: Rethinking Removal, Structuring Proportionality, and Imagining Graduated Sanctions (2015, Daniel Kanstroom) This Article is a foray into deep waters. Its main purpose is to sketch and to justify a better framework for interior immigration enforcement. Such a framework should satisfy two major goals. First, it should engage meaningfully with “public order,” operational efficiency, and basic human rights. Put another way, it must be both effective and legitimate. Second, it should govern the major aspects of interior immigration enforcement Read More

Deportation, Anxiety, Justice: New Ethnographic Perspectives

Deportation, Anxiety, Justice: New Ethnographic Perspectives (Heike Drotbohm & Ines Hasselberg, Journal of Ethnic and Migration Studies, Volume 41, 2015 – Issue 4) This paper introduces a collection of articles that share ethnographic perspectives on the intersections between deportation, anxiety and justice. As a form of expulsion regulating human mobility, deportation policies may be justified by public authorities as measures responding to anxieties over (unregulated) migration. At the same time, they also bring out uncertainty and unrest to deportable/deported migrants Read More

Mexican migrants and the rise of the deportation regime, 1942-2014

Mexican migrants and the rise of the deportation regime, 1942-2014 (Goodman 2015) Goodman, Adam. 2015. “Mexican Migrants and the Rise of the Deportation Regime, 1942-2014.” University of Pennsylvania. http://repository.upenn.edu/edissertations. This dissertation traces the rise of the deportation regime in the United States from 1942 to the present. It reveals that the origins of the regime are inextricably intertwined with the history of Mexican migration. It uses a diverse array of English- and Spanish-language archival sources from the United States and Read More