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

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

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

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

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

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis

Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis (Won Kidane, 27 Emory Int’l L. Rev. 285 (2013) Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons – including noncitizens, also known as “aliens.” Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for Read More

Returned to Risk: Deportation of HIV-Positive Migrants

Returned to Risk: Deportation of HIV-Positive Migrants (Human Rights Watch, 2009) Adrea Mortlock was 15 in 1979 when she arrived in New York from Jamaica, leaving behind the abusive household where she had lived since her mother, years earlier, had left for work in the United States. In 1987, she was convicted of selling cocaine and served a year in prison. A legal permanent resident of the United States with a US-citizen daughter and son, Ms. Mortlock was ordered deported Read More

Discretionary Deportation

Discretionary Deportation (Gerald L. Neuman, 20 Geo. Immigr. L.J. 611, 2006) This article explores some of the consequences of mixing administrative discretion with the authority to deport aliens from within the United States. From one perspective, the structure of U.S. deportation policy is highly rule-governed, as befits a nation of immigrants. Congress specifies the grounds of deportation, and executive officials have no authority to deport aliens for unenumerated reasons that they deem to serve the public interest. Aliens within the Read More

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union (Joppke 2001) Joppke, Christian. 2001. “The Legal-Domestic Sources of Immigrant Rights.” Comparative Political Studies 34 (4): 339–66. doi:10.1177/0010414001034004001. This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which Read More