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

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

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.

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

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

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

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

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

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

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

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

Nowhere to Run: Iraqi Asylum Seekers in the UK

Nowhere to Run: Iraqi Asylum Seekers in the UK (Helen Hintjens, Race Class October-December 2012, vol. 54 no. 2 88-99) This article, covering the period 2003–2010, is concerned with those Iraqis whose asylum claims in the UK have been rejected in recent years and who have found ‘nowhere to run’. A deterrence-based UK immigration regime has undermined many of their basic rights since the start of the war. And despite wide public knowledge about the dangers of return to Iraq, failed Read More

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers (2012, Leana Podeszfa & Charlotte Manicom) Although the fate of deported asylum seekers remains largely undocumented, a number of organisations have compiled evidence that the human rights of refused asylum seekers are being violated upon return. Deportees are often arrested, put in prison, and tortured. Some are charged with treason; some disappear altogether. Using the example of the United Kingdom, this article argues that such deportations amount to refoulement, and Read More

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights (Christopher Michaelsen, International and Comparative Law Quarterly, 61(3), 2012) On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v United Kingdom.1 Abu Qatada, a radical Muslim cleric once described as ‘Osama bin Laden’s right-hand man in Europe’, was convicted in absentia in Jordan for various terrorist offences.2 He alleges, however, that part of the evidence Read More

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka (2012, Michael Collyer) The forced removal of foreign nationals has been a relatively uncommon occurrence in liberal democracies, at least since the 2nd World War. This can be explained by both the inherent violence of this process, which raises widespread public opposition, and by the geopolitical difficulties it raises, as there must be agreement of both countries concerned. In recent years these problems appear Read More

Unsafe Return: Refoulement of Congolese Asylum Seekers

Unsafe Return: Refoulement of Congolese Asylum Seekers (2011, Catherine Ramos) On 26th February 2007 a Congolese client of Justice First was forcibly removed from the UK on a charter flight to the Democratic Republic of the Congo (DRC), where he arrived on 27th February with his wife and children. After interrogation, the family was allowed to leave the airport. In the early hours of 28th February the client was arrested at the address his wife had given to the authorities Read More

The Reintegration of Criminal Deportees in Society

The Reintegration of Criminal Deportees in Society (2010, Christopher A.D. Charles) This article deals with reintegrating deportees in Jamaica. There is the belief among the citizenry, the media, and the government that the deportees are fueling the crime rate. Jamaica has one of the highest homicide rates in the world. Some 15,618 deportees were sent to Jamaica from various countries between 2005 and 2009. The purveyors of the deportee–crime link ignore the influence of garrison communities on the crime rate which Read More

The Co-operation on Readmission and Enforced Return in the African-European Context

The Co-operation on Readmission and Enforced Return in the African-European Context (2009, Jean-Pierre Cassarino) Despite the reluctance of most African countries to enter into standard readmission agreements, alternative methods of bilateral co-operation with European countries on enforced return have gained momentum over the last decade. These alternative methods of co-operation include memoranda of understanding, exchanges of letters, pacts, and police co-operation agreements, which include a readmission clause. They do not constitute standard readmission agreements. However, they are agreements with serious Read More

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons (2008, Emanuela-Chiara Gillard) The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of Read More