Understanding Secondary Immigration Enforcement: Immigrant Youth and Family Separation in a Border County

Understanding Secondary Immigration Enforcement: Immigrant Youth and Family Separation in a Border County (Nina Rabin, Journal of Law and Education, 47 (1), 2018). In debates over immigration reform, young people in immigrant families are often characterized as a distinct population, with claims and interests entirely separate from those of their parents. Bifurcating the undocumented population between children and parents over-simplifies how immigration enforcement impacts families. This article challenges the dichotomy between children and parents by studying how young people, regardless of Read More

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘[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

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

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

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

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

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

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

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

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

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

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