Deported with No Possessions

Deported with No Possessions: The Mishandling of Migrants’ Personal Belongings by CBP and ICE (Walter Ewing and Guillermo Cantor, American Immigration Council, 2016) U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) have a serious and longstanding problem with handling the personal belongings of detained migrants in their custody. Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care. The Department of Homeland Security (DHS) Read More

Migration and Belonging: Narratives from a Highland Town

Migration and Belonging: Narratives from a Highland Town (collection of blog posts, introduction by Lauren Heidbrink, 2016) Youth Circulations is honored to showcase the important contributions of Guatemalan scholars in a new multilingual series entitled “Migration and Belonging: Narratives from a Highland Town.” This 7-part series emerges from a longitudinal study on the deportation and social reintegration of youth in Guatemala and Southern Mexico. With generous funding from the National Science Foundation, an interdisciplinary team conducted ethnographic and survey research Read More

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns (Maybritt Jill Alpes & Ninna Nyberg Sørensen, Danish Institute for Policy Studies Policy Brief, November 2016) This brief takes a look at the risks migrants and rejected asylum seekers face when they’re forcibly returned to their point of origin. The text’s authors specifically argue that forced returns have become unduly criminalized and expose returnees to economic deprivation and psychosocial harm, often at the hands of predatory state agents.

Feeling like a citizen, living as a denizen: Deportees’ sense of belonging

Feeling like a citizen, living as a denizen: Deportees’ sense of belonging (Tanya Golash-Boza, American Behavioral Scientist, 60(13), 2016) The implementation of restrictive immigration laws in 1997 in the United States has led to the deportation of hundreds of thousands of legal permanent residents—denizens who had made the United States their home. Mass deportations of denizens have given renewed importance to territorial belonging and legal citizenship for theories of citizenship, a relatively neglected area of scholarship in this field. This Read More

Programa Frontera Sur: The Mexican Government’s Faulty Immigration Policy

Programa Frontera Sur: The Mexican Government’s Faulty Immigration Policy (Castillo 2016) Castillo, Alejandra. 2016. “Programa Frontera Sur: The Mexican Government’s Faulty Immigration Policy.” U.S. public and media attention on the issue of immigration has remained almost completely focused on the northern Mexican border and fine points of U.S. immigration policy. In contrast, Mexico’s “other” border—the southern border—has fallen in the shadow of media coverage even as it has become the primary transit route for Central American migrants fleeing escalating violence Read More

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis (2016, Amnesty International) As violence has worsened and poverty and inequality remain prevalent, the Central American governments of Honduras, Guatemala and El Salvador, also known as the Northern Triangle, are doubly failing to protect their citizens: socioeconomic conditions remain poor and an increasingly violent environment permeates every corner of their countries, which causes people to flee in record numbers, but governments are failing to provide protection Read More

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility (Amnesty International, Oct. 2016) On 19 September 2016 the United Nations (UN) General Assembly collectively, and spectacularly, failed the 21 million refugees of this world. The “High-level Summit to address large movements of refugees and migrants” was to address the global refugee crisis, a crisis in which, daily, millions fleeing war and persecution in countries like Syria, South Sudan, Myanmar and Iraq suffer intolerable misery and human rights violations. World Read More

Self-perceived Health and Quality of Life Among Azorean Deportees: A Cross Sectional Descriptive Study

Self-perceived Health and Quality of Life Among Azorean Deportees: A Cross Sectional Descriptive Study (Maryellen D. Brisbois, Kristen A. Sethares, Helena Oliveira Silva, Helder Rocha Pereira, SpringerPlus, 2016) Background Immigration policies can cause significant public health consequences, posing detrimental social and health effects for migrants, their families and communities. Migrants often face obstacles to health due to access, discrimination, language and cultural barriers, legal status, economic difficulties, social isolation, and fear of deportation. The process of deportation has become more Read More

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency (Leonie Ansems, Elspeth Guild and Sergio Carrera, CEPS Paper in Liberty and Security in Europe (2016)). This article sets out the main findings of the research project Documenting the Humanitarian Migration Crisis in the Mediterranean, which maps migration trajectories and transit points across Europe in order to develop a humanitarian response to the Mediterranean migration ‘crisis’. On their long journeys, people seeking refuge in Europe pass Read More

Mathis, Descamps, and the End of Crime-Based Deportation

Mathis, Descamps, and the End of Crime-Based Deportation (Kari Hong, U.C. Davis Law Review, forthcoming (2017)). The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend less often than citizens. But facts do not stop the myth. Read More

Safe and Voluntary Refugee Repatriation: From Principle to Practice

Safe and Voluntary Refugee Repatriation: From Principle to Practice (2016, Jeff Crisp & Katy Long) The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that Read More

Estadísticas Migratorias, Síntesis 2016

Estadísticas Migratorias, Síntesis 2016 (Secretaría de Gobernación – Estados Unidos de México) La creciente movilidad de personas a nivel mundial demanda la conformación de estadísticas sistematizadas, den cuenta de los distintos ujos de personas que arriban a México y parten de él por diversos motivos y en diferentes condiciones migratorias, así como de los que deciden establecerse en el país. Con base en los registros administrativos generados en los diversos puntos de internación, ocinas y estaciones migratorias de las delegaciones Read More

Rebuilding Self and Country: Deportee Reintegration in Jamaica

Rebuilding Self and Country: Deportee Reintegration in Jamaica (Bernard Headley and Dragan Milovanovic, 2016, Migration Policy Institute) More than 45,000 Jamaicans were deported from abroad between 2000 and 2014, primarily from the United States, the United Kingdom, and Canada. Each month these countries return more than 100 Jamaicans on average to a nation grappling with persistently high levels of crime and poverty. Deportees are not greeted with open arms upon return, in part due to a widely held view in Read More

Is There Any Blood on My Hands? Deportation as a Crime of International Law

Is There Any Blood on My Hands? Deportation as a Crime of International Law (Chetail 2016) Chetail, Vincent. 2016. “Is There Any Blood on My Hands? Deportation as a Crime of International Law.” Leiden Journal of International Law 29 (3): 917–43. doi:10.1017/S0922156516000376. The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate Read More

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1 (2016) Plaintiff M68-2015 v Minister for Immigration and Border Protection. 2016. This case note provides an overview of the key facts and findings of the High Court in Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1, and sets out some of the key developments following the case. The plaintiff, an asylum seeker from Bangladesh, had been detained in Nauru at one of Australia’s Read More

Migrant Detention in the European Union: A Thriving Business

Migrant Detention in the European Union: A Thriving Business; Outsourcing and privatisation of migrant detention. (MIGREUROP, 2016). What does a migrant cost per day? That question is spotlighted if migration policy is determined by cost-benefit calculations, rather than by the principle of humane treatment. Such a political approach is taken in many fields of public services, from education and transport to electricity and water. To offer every service at the lowest possible cost, the concept of privatization is always adopted Read More

Traumatic Events and Symptoms Among Mexican Deportees in a Border Community

Traumatic Events and Symptoms Among Mexican Deportees in a Border Community (Juan M. Peña, et. al, 2016, Journal of Immigrant & Refugee Studies, Vol. 15, No. 1, 2017) Research on traumatic events experienced among Mexicans deported from the United States is scant. Using clinical interviews, this study assessed the frequency of traumatic events and symptoms of post-traumatic stress disorder (PTSD) among 47 Mexican deportees in a U.S.-Mexico border community. The majority of participants (98%) reported having experienced one or more Read More

‘[Take from Us Our] Wretched Refuse’: The Deportation of America’s Adoptees

‘[Take from Us Our] Wretched Refuse’: The Deportation of America’s Adoptees (DeLeith Duke Gossett, University of Cincinnati Law Review, Vol. 85, No. 1, 2017) Foreign-born children adopted by American citizens are subject to U.S. immigration law. Because the Fourteenth Amendment to the U.S. Constitution guarantees American citizenship only to “persons born or naturalized in the United States”, previous immigration law required that children born abroad and adopted by American parents undergo a separate naturalization process before the children received U.S. citizenship. Read More

Fast-Track to Injustice: Rapidly Deporting the Mentally Ill

Fast-Track to Injustice:  Rapidly Deporting the Mentally Ill (Aimee L. Mayer-Salins, 14 Cardozo Pub. L. Pol’y & Ethics J. 545, 2016) This Article contends that DHS should afford individuals with mental illness additional procedural protections in fast-track removal proceedings. The Article begins with an overview of these fast-track procedures, including a discussion of the limited procedural protections available. The Article highlights the lack of special procedural protections for individuals suffering from mental illnesses. The Article then contrasts this absence of special Read More

Migración en Tránsito por México: Rostro de una Crisis Humanitaria Internacional

Migración en Tránsito por México: Rostro de una Crisis Humanitaria Internacional (2016, Red de Documentación de Organizaciones Defensoras de Migrantes (REDODEM)) El fenómeno de la movilidad humana sigue siendo uno de los rasgos distintivos de las dinámicas globales. Si bien esto es parte de una dinámica prácticamente generalizada en el mundo, aquí nos referimos a aquellas migraciones que son fruto de la prevalencia de la desigualdad en diferentes regiones del planeta. Aquellas que por acción u omisión de los Estados Read More

Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families

Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families (Guillermo Cantor and Tory Johnson, American Immigration Council, 2016) 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 Read More

Actually, Padilla Does Apply to Undocumented Defendants

Actually, Padilla Does Apply to Undocumented Defendants (Daniel A. Horwitz, Harvard Latino Law Review, Vol. 19., Spring 2016.) Padilla does apply to undocumented defendants. For the reasons provided in this Article, the reasoning of those authorities that have reached a contrary conclusion suffers from four fatal flaws. This Article proceeds in six parts. Part I summarizes the authorities that have concluded that Padilla does not apply to undocumented defendants. Part II explains why this conclusion neglects the legal and practical reality Read More

El Contexto Regional del Desplazamiento y la Migración Forzada en Centroamérica, México y Estados Unidos

El Contexto Regional del Desplazamiento y la Migración Forzada en Centroamérica, México y Estados Unidos (2016, Consejeria en Proyectos para Refugiados Latinoamericanos / Project Counselling Service-PCS) La movilidad humana en los países de Centroamérica y México en su tránsito hacia los Estados Unidos engloba una serie de problemáticas y desafíos para la garantía de los derechos humanos que deben ser entendidos en clave regional y transnacional. El constante e incesante flujo migratorio mixto es una expresión de la crisis humanitaria Read More

Examining an Increasingly Complex Tapestry: The Unintended Effects of the Three- and Ten-Year Unlawful Presence Bars

Examining an Increasingly Complex Tapestry: The Unintended Effects of the Three- and Ten-Year Unlawful Presence Bars (Kristi Lundstrom, 76 Law & Contemp. Prob. 389, 2013) In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), focusing immigration law and policy on greater enforcement and centering the enforcement system around departures, in an attempt to deter immigrants from overstaying their visas. One major enforcement tool instituted by IIRIRA was the creation of three-and ten-year “unlawful presence” (ULP) bars, which Read More

Desert, detention, and deportation: Mexican women’s descriptions of migration stressors and sources of strength

Desert, detention, and deportation: Mexican women’s descriptions of migration stressors and sources of strength (Ruth Ann Belknap, Health Care for Women International, 37 (9), 2016) I analyzed interviews ( n = 10) of women recently deported from the United States of America to Mexico, exploring what women experienced immediately after deportation. The women who were residing in a short-term shelter in Nogales, Mexico, described their greatest stressors and sources of strength. Women identified the border crossing experience, apprehension, detention, and family Read More

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens (Gerald L. Neuman, 2016) The completion of the project of the International Law Commission (ILC) on “the expulsion of aliens” marked an important stage in the development of international law relating to migration. The resulting Draft Articles on the Expulsion of Aliens reflect the joint effort of the ILC’s distinguished experts on public international law, from all regions of the world, to enunciate principles that regulate Read More

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens (2016, Daniel Kanstroom) Critical appraisal of the International Law Commission’s Draft Articles on the Expulsion of Aliens (“Draft Articles”) demands a conceptualization of contemporary expulsion or deportation as a global phenomenon. Deportation may be functionally defined as a powerful government assertion of high stakes sanctions in low formality settings aimed at the most powerless and marginalized members of society. In the United States context, deportation Read More

Constructions of Deportability in Sweden: Refused Asylum Seekers’ Experiences in Relation to Gender, Family Life, and Reproduction

Constructions of Deportability in Sweden: Refused Asylum Seekers’ Experiences in Relation to Gender, Family Life, and Reproduction (Maja Sager, Nordic Journal of Women’s Studies, Vol. 24, 2016) Drawing on ethnographic material, this article examines how the experiences of refused asylum seekers in Sweden are shaped by migration policies, welfare policies, and gender norms. The article develops a feminist account of deportability to examine some gendered and reproductive aspects of everyday experiences of seeking asylum in Sweden. Focusing on the interview accounts Read More

Mexico’s Recent Immigration Enforcement Efforts

Mexico’s Recent Immigration Enforcement Efforts (CRS 2016) “Mexico’s Recent Immigration Enforcement Efforts”. 2016. CRS Report US Assistance Mexico Southern Border Plan March 2016. Congressional Research Service. https://www.documentcloud.org/documents/2842650-CRS-Report-US-Assistance-Mexico-Southern-Border.html This report focuses on the execution of Mexico’s Southern Border Plan.  While US President Barack Obama and some members of Congress support this effort, human rights and humanitarian agencies have been critical.  Mexico received around $20 million in US assistance to support its Southern Border.

“Immigrants are Not Criminals”: Respectability, Immigration Reform, and Hyperincarceration

“Immigrants are Not Criminals”: Respectability, Immigration Reform, and Hyperincarceration (Rebecca Sharpless, Houston Law Review, 2016, Vol.53(3)) Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and Read More

Reshaping possible futures: Deportation, home and the United Kingdom

Reshaping possible futures: Deportation, home and the United Kingdom (Ines Hasselberg, Anthropology Today, Volume 32, Issue 1, February 2016 ) In this article I examine how foreign nationals in the United Kingdom (UK) envisage the possibility of a forced return to their countries of origin. Drawing on ethnographic data collected in London among foreign national offenders appealing their deportation at the Immigration Tribunal, I show how preparations for an eventual return were seldom made by those appealing deportation, even if the prospect Read More

The Flight of the Deported: Aircraft, Deportation, and Politics

The Flight of the Deported: Aircraft, Deportation, and Politics (William Walters, Geopolitics, Vol 21, Issue 2, 2016) This article calls for studies of migration, borders and deportation to bring the practices and dynamic spaces of transportation more fully into the research frame. While modern deportation is unthinkable without vehicles, transport is a black box for the interdisciplinary literature on the state-enforced movement of population. This article focuses on deportation by air and engages largely with policies and practices relating to the Read More

Rights and Reintegrating Deported Migrants for National Development: The Jamaican Model

Rights and Reintegrating Deported Migrants for National Development: The Jamaican Model (Bernard Headley & Dragan Milovanovic, Social Justice, 43.1, 2016). Each year, the US, the UK, and Canada together deport hundreds of thousands of people. Under President Barack Obama, US deportations were on track to hit a record two million by the end of 2014-nearly the same number of persons deported between 1892 and 1997 (New York Times 2013). In 2013, 50,741 persons were deported from the UK, or they Read More

Post-Deportation Remedy and Windsor’s Promise

Post-Deportation Remedy and Windsor’s Promise (2016, Kate Shoemaker) Since 1996, the Defense of Marriage Act (DOMA) defined marriage for federal purposes as the union between a man and a woman. As same-sex marriage became legal across the United States, DOMA created a situation in which same-sex married couples could not access federal immigration benefits based on their married status. In some cases, this meant that noncitizens were removed from the United States solely because their same-sex marriages to U.S. citizens were not Read More

Reducing the Deportation’s Harm by Expanding Constitutional Protections to Functional Americans

Reducing the Deportation’s Harm by Expanding Constitutional Protections to Functional Americans (Beth Caldwell, 37 Whittier L. Rev. 355, 2016) This paper draws upon primary research conducted with deportees in Mexico to highlight the need to extend constitutional protections to deportation proceedings. Deportation is particularly cruel for those who have become integrated into American society. People are permanently separated from their spouses and children, and from the only country that they have ever considered to be their home. This experience often triggers Read More

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic

“Where are we going to live?”: Migration and Statelessness in Haiti and the Dominican Republic (Amnesty International 2016) Amnesty International. “‘Where Are We Going to Live?’: Migration and Statelessness in Haiti and the Dominican Republic.” 2016. https://www.amnestyusa.org/files/amr3641052016_where_am_i_going_to_live.compressed.pdf. In December 2013, the Dominican Republic set out an 18-month National Regularization Plan for Foreigners with Irregular Migration Status aimed at foreigners who had migrated to the Dominican Republic. In the same month, the government announced a suspension of all deportations, but promised Read More