Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions

Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions. (Keramet Reiter and Susan Bibler Coutin, Law and Society Review, 51 (567). 2017) This paper draws on in-depth, qualitative interviews that examine individual experiences in two different legal contexts: deportation regimes and supermax prisons. Through putting these contexts and experiences into dialogue, we identify common legal processes of punishment experiences across both contexts. Specifically, the U.S. legal system re-labels immigrants (as deportable noncitizens) and supermax prisoners (as dangerous gang offenders). This Read More

Foreign Farmworkers in Canada Fear Deportation If They Complain

Foreign Farmworkers in Canada Fear Deportation If They Complain  (Levin 2017) Levin, Dan. 2017. “Foreign Farmworkers in Canada Fear Deportation If They Complain.” The New York Times, August 13. Migrant farmworkers in Canada are often exploited and do not report complaints out of fear of being deported.  Canada’s seasonal agriculture worker program was set up to recruit migrants from Mexico and 11 Caribbean nations to work for up to eight months a year to address chronic labor shortages, but critics Read More

A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome

A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome (Levin 2017) Levin, Dan. 2017. “A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome.” The New York Times, August 10. https://www.nytimes.com/2017/08/10/world/americas/a-surge-of-migrants-crossing-into-quebec-tests-canadas-welcome.html. Despite the Canadian government’s lifting of a temporary protection policy for Haiti in 2014 leading to resuming deportations this past March, Haitians are continuing to flood over the U.S.’ northern border into Canada.  Around 1,500 asylum-seekers crossed the border into Quebec in July and according to the Canada Read More

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse (Amnesty International, 2017). On a day that marks four long years of the Australian Government’s deliberately abusive policies Amnesty International is pleading for an immediate plan to guarantee the safety of the two thousand people trapped on Nauru and Manus Island.

Back to Square One: Socioeconomic Integration of Deported Migrants

Back to Square One: Socioeconomic Integration of Deported Migrants (Anda M. David, International Migration Review, 51: 127–154, 2017) This paper addresses the issue of socioeconomic integration of forced return migrants, focusing on the Maghreb countries. Starting from the hypothesis that the return has to be prepared, I tested whether a disruption in the migration cycle (such as deportation) increases the individual’s vulnerability and affects his integration from both a structural and sociocultural point of view, using the 2006 Migration de Read More

Transforming Crime-Based Deportation

Transforming Crime-Based Deportation (Daniel I. Morales, New York University Law Review, 92 (3), 2017. Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made little headway. Crime-based deportation appears entrenched. Can it be transformed, rather than modified at the Read More

Afghanistan: sent back to a war zone

Afghanistan: sent back to a war zone (Petersmann 2017) Petersmann, Sandra. 2017. “Afghanistan: Sent back to a War Zone.” DW News, May 31. http://www.dw.com/en/afghanistan-sent-back-to-a-war-zone/a-39055955. Sandra Petersmann of DW News interviews Afghan deportees from Germany.  In the first two months of 2017, Germany denied more than half of all asylum applications.  Many of these deportees struggle in reintegrating into their countries of origin and continue to seek a route to return to Germany, where they have established strong ties.

Voluntary and Forced Returns to Afghanistan in 2016/17: Trends, statistics and experiences

Voluntary and Forced Returns to Afghanistan in 2016/17: Trends, statistics and experiences (Thomas Ruttig & Jelena Bjelica, Afghanistan Analysts Network, May 2017)   While hundreds of thousands of Afghans sought protection in Europe throughout 2015/16, an increasing number have been returning to Afghanistan, both voluntarily and involuntarily. The number of voluntary returnees from Europe picked up significantly throughout 2016, with additional returns in the first four months of 2017, reaching a total figure of over 8,000. By contrast, the number Read More

Separated Families: Barriers to Family Reunification After Deportation

Separated Families: Barriers to Family Reunification After Deportation (Deborah A. Boehm, Journal on Migration and Human Security, 2017) This paper outlines the complexities — and unlikelihood — of keeping families together when facing, or in the aftermath of deportation. After discussing the context that limits or prevents reunification among immigrant families more generally, I outline several of the particular ways that families are divided when a member is deported. Drawing on case studies from longitudinal ethnographic research in Mexico and Read More

Trauma and Psychological Distress in Latino Citizen Children Following Parental Detention and Deportation

Trauma and Psychological Distress in Latino Citizen Children Following Parental Detention and Deportation (Lisseth Rojas-Flores, Mari L. Clements, J. Hwang Koo, and Judy London, Psychological Trauma: Theory, Research, Practice, and Policy, Vol 9(3), May 2017 The mental health impact of parental detention and deportation on citizen children is a topic of increasing concern. Forced parent– child separation and parental loss are potentially traumatic events (PTEs) with adverse effects on children’s mental health. Objective: This study examines posttraumatic stress disorder (PTSD) symptoms and Read More

The Wrongs of Unlawful Immigration

The Wrongs of Unlawful Immigration (Ana Aliverti, Criminal Law and Philosophy, Vol, 11, Issue 2, pp 375–391, June 2017) For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of Read More

Report: Rate of deportations stagnating in Germany

Report: Rate of deportations stagnating in Germany (DW News, 2017) DW News. 2017. “Report: Rate of Deportations Stagnating in Germany,” June 4. http://www.dw.com/en/report-rate-of-deportations-stagnating-in-germany/a-39110422. Die Welt am Sonntag newspaper reported that, by the end of April, a total of 8,620 people had been sent back to their countries of origin after their asylum applications were rejected [in Germany]. The figures indicated a marked stagnation compared to last year, which saw a total of 25,375 deportations. This year has also seen fewer rejected Read More

Left Behind: The Dying Principle of Family Reunification Under Immigration Law

Left Behind: The Dying Principle of Family Reunification Under Immigration Law (Anita Ortiz Maddali, 50 U. Mich. J. L. Reform 107 (2016)) A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration Read More

Citizens-in-Waiting, Deportees-in-Waiting: Power, Temporality, and Suffering in the U.S. Asylum System

Citizens-in-Waiting, Deportees-in-Waiting: Power, Temporality, and Suffering in the U.S. Asylum System (Bridget M. Haas, Journal of the Society for Psychological Anthropology, Vol 45, Issue 1, March 2017) This article explores how the interrelationship of power and temporality shapes the lived experiences and subjectivities of political asylum claimants in the United States. By lodging an asylum claim, migrants enter into a system that will, in effect, produce them as legitimate refugees deserving of protection or as illegitimate, “bogus” asylum seekers in need of Read More

Back to Square One: Socioeconomic Integration of Deported Migrants

Back to Square One: Socioeconomic Integration of Deported Migrants (Anda M. David, International Migration Review, Vol. 51, Issue 1, 2017) This paper addresses the issue of socioeconomic integration of forced return migrants, focusing on the Maghreb countries. Starting from the hypothesis that the return has to be prepared, I tested whether a disruption in the migration cycle (such as deportation) increases the individual’s vulnerability and affects his integration from both a structural and sociocultural point of view, using the 2006 Migration de Read More

Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’

Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’ (McKernan 2017) McKernan, Bethan. 2017. “Saudi Arabia ‘deports 40,000 Pakistani Workers over Terror Fears.’” Independent, February 13. http://www.independent.co.uk/news/world/middle-east/saudi-arabia-deports-40000-pakistan-workers-terror-fears-attacks-counter-terrorism-a7578151.html. The Kingdom of Saudi Arabia has expelled almost 40,000 Pakistani migrant workers in the last four months, local media has reported.   Over 39,000 people have been deported since October 2016 over visa violations and security concerns. The alleged mass deportations come after a year of strikes and other unrest in the kingdom due Read More

The EU-Turkey deal: what happens to people who return to Turkey?

The EU-Turkey deal: what happens to people who return to Turkey? (Sevda Tunaboylu and Jill Alpes, Forced Migration Review, 2017)   On 18th March 2016, Turkey and the European Union (EU) made a joint statement. Political leaders agreed to the return to Turkey of people who had crossed to the Greek islands through irregular channels and also agreed to prevent the arrival of new asylum seekers via sea or land – in exchange for the liberalisation of EU visa requirements Read More

Judging Immigration Equity: Deportation and Proportionality in the Supreme Court

Judging Immigration Equity: Deportation and Proportionality in the Supreme Court (Jason A. Cade, U.C. Davis Law Review, Vol. 50, Feb. 2017) Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities Read More

Post-Deportation Risks and Monitoring Mini-Feature

Post-Deportation Risks and Monitoring Mini-Feature (Forced Migration Review, vol. 54, February 2017) People whose application for asylum has been refused are often deported, usually to their country of origin. Little is known, however, about what happens to them on that return journey, on arrival in the country to which they are deported, and during the weeks and months that follow. The articles in this mini-feature examine four cases: failed asylum seekers deported to the Democratic Republic of Congo, Sri Lanka and Read More

God Brought You Home – Deportation as Moral Governance in the Lives of Nigerian Sex Worker Migrants

God Brought You Home – Deportation as Moral Governance in the Lives of Nigerian Sex Worker Migrants (Sine Plambech, Journal Of Ethnic And Migration Studies, 2017) Set in Nigeria among deported sex worker migrants and the institutions that seek to intervene in their migration, this article explores how deportation serves the dual function as a tool for migration governance as well as a tool for moral governance. Deportation has often been analysed from a Global North perspective and as a technology Read More

DSWD readies ‘action plan’ for 7,000 PH deportees from Sabah

DSWD readies ‘action plan’ for 7,000 PH deportees from Sabah (Pasion 2017) Pasion, Patty. 2017. “DSWD Readies ‘Action Plan’ for 7,000 PH Deportees from Sabah.” Rappler, January 31. https://www.rappler.com/nation/160046-dswd-action-plan-filipino-deportees-sabah. “The [Philippines’] Department of Social Welfare and Development (DSWD) is preparing an “action plan” that would guide government assistance to 7,000 Filipinos who are expected to be deported from [the Malaysian state of] Sabah by February.”  The deportations are the result of an agreement reached with Malaysian Prime Minister Najib Razak Read More

New immigration law in Argentina bans entry, expels foreigners with criminal records

New immigration law in Argentina bans entry, expels foreigners with criminal records (Fox News 2017) Fox News. 2017. “New Immigration Law in Argentina Bans Entry, Expels Foreigners with Criminal Records,” January 31. http://www.foxnews.com/world/2017/01/31/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-record.html. Argentinian President Mauricio Macri signed a degree that toughens immigration law to speed up the deportation process and bar entry to foreigners with criminal records.  The decree greenlights the prompt deportation of thousands of foreign inmates currently serving sentences in Argentina and has received some backlash from Read More

Migration Italy and Germany Step Up Measures to Deter Asylum Seekers

 Migration Italy and Germany Step Up Measures to Deter Asylum Seekers (IRIN News, Jan. 13, 2017) Those who thought Europe’s refugee “crisis” was over were reminded this week that tens of thousands of refugees remain stranded in Greece and the Balkans. Images of refugee tents shrouded in snow on the Greek islands have sparked outrage about the lack of adequate shelter, and scorn has been poured on the Greek government for keeping refugees in such miserable conditions. But others have Read More

Criminal Justice in an Era of Mass Deportation: Reforms from California

Criminal Justice in an Era of Mass Deportation: Reforms from California (Ingrid V. Eagly, 20 New Criminal Law Review 12 (2017 Forthcoming)). After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Read More

Mass Deportations Would Impoverish US Families and Create Immense Social Costs

Mass Deportations Would Impoverish US Families and Create Immense Social Costs (Robert Warren & Donald Kerwin, Center for Migration Studies, 2017) This paper provides a statistical portrait of the US undocumented population, with an emphasis on the social and economic condition of mixed-status households – that is, households that contain a US citizen and an undocumented resident. It is based primarily on data compiled by the Center for Migration Studies (CMS). Major findings include the following: There were 3.3 million mixed-status households Read More

Returning with Nothing but an Empty Bag: Topographies of Social Hope after Deportation to Ghana

Returning with Nothing but an Empty Bag: Topographies of Social Hope after Deportation to Ghana (Nauja Kleist), chapter in “Hope and Uncertainty in Contemporary African Migration” Nauja Kleist and Dorte Thorsen (eds.), New York and London: Web: Routledge (2017). This chapter addresses post-deportation life in Ghana, discussing two issues: first, social and economic repercusssions of deportation for deportees, their families and local community; second how high-risk migration projects continues to constitute a pathway of hope for some deportees. Based on longitudinal Read More

Deportation Deadline

Deportation Deadline. (Andrew Tae-Hyun Kim, Washington University Law Review, 95 (3), 2017) Deadlines regulate nearly all facets of life. In U.S. law, deadlines control the timeliness of a claim in the forms of statutes of limitations and common law doctrines such as laches. In nearly all areas of the law, whether involving claims brought by private actors or the government, and in both criminal and civil contexts, an expiration date cuts off a plaintiff’s right to assert a claim. No such Read More

The Costs of Trumped-Up Immigration Enforcement Measures

The Costs of Trumped-Up Immigration Enforcement Measures (Kari Hong, Cardozo Law Review de novo, 2017) Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. Read More

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law (Jim Waasdorp & Aniel Pahladsing, Bergen Journal of Criminal Law and Criminal Justice • Volume 4, Issue 2, 2016, pp. 247-266) At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national Read More

Regulating the Human Supply Chain

Regulating the Human Supply Chain (Gordan 2017) Gordon, Jennifer. 2017. “Regulating the Human Supply Chain.” Iowa Law Review 102 (2): 445+. https://ilr.law.uiowa.edu/print/volume-102-issue-2/regulating-the-human-supply-chain/. Legal scholarship has failed to take note of the increasing impact of recruitment intermediaries on the rule of law in the United States, and on the regulation of employment in U.S. low-wage labor markets in particular.  This Article fills that gap for forming a novel conceptual framing of migrant recruitment as a “human supply chain.”  It builds on this Read More