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

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

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

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

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

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.

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

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

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

‘[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

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

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

“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

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

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

The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice

The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice (Maslowski 2015) Maslowski, Solange. 2015. “The Expulsion of European Union Citizens from the Host Member State: Legal Grounds and Practice.” Central and Eastern European Migration Review 4 (2): 61–85. http://www.ceemr.uw.edu.pl/sites/default/files/CEEMR_Vol_4_No_2_Maslowski_The_Expulsion_of_European_Union_Citizens.pdf. The last decade has witnessed the development of a growing phenomenon, the expulsion of European Union (EU) citizens from a host Member State. While the EU encourages its citizens to use their fundamental right of Read More

“Without Papers, I Am No One”: Stateless People in the Dominican Republic

“Without Papers, I Am No One”: Stateless People in the Dominican Republic (Amnesty International, 2015.) A 2013 Constitutional Court judgment (Judgment 168-13) has made statelessness a matter of law for several generations of Dominicans of foreign descent. This report shows that several groups of people, mostly of Haitian descent, living in the country remain stateless. People who are stateless in the Dominican Republic and lack identity documents are denied a range of human rights and prevented from participating fully in 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

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

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

Smart(er) Enforcement: Rethinking Removal, Structuring Proportionality, and Imagining Graduated Sanctions

Smart(er) Enforcement: Rethinking Removal, Structuring Proportionality, and Imagining Graduated Sanctions (2015, Daniel Kanstroom) This Article is a foray into deep waters. Its main purpose is to sketch and to justify a better framework for interior immigration enforcement. Such a framework should satisfy two major goals. First, it should engage meaningfully with “public order,” operational efficiency, and basic human rights. Put another way, it must be both effective and legitimate. Second, it should govern the major aspects of interior immigration enforcement Read More

Mexican migrants and the rise of the deportation regime, 1942-2014

Mexican migrants and the rise of the deportation regime, 1942-2014 (Goodman 2015) Goodman, Adam. 2015. “Mexican Migrants and the Rise of the Deportation Regime, 1942-2014.” University of Pennsylvania. http://repository.upenn.edu/edissertations. This dissertation traces the rise of the deportation regime in the United States from 1942 to the present. It reveals that the origins of the regime are inextricably intertwined with the history of Mexican migration. It uses a diverse array of English- and Spanish-language archival sources from the United States and Read More

Life After Deportation: Surviving as a Dominican Deportee

Life After Deportation: Surviving as a Dominican Deportee (Evan Rodkey, 2014) This thesis is the culmination of an ethnographic study centered on the survival strategies of deportees from the United States living in Santo Domingo, the capital of the Dominican Republic. The focus is on people who moved to the U.S. at a young age and later faced deportation as adults for conviction of a crime after spending many years—near lifetimes in many cases—in the U.S. Over the course of Read More

Immigration Law and the Myth of Comprehensive Registration

Immigration Law and the Myth of Comprehensive Registration (Nancy Morawetz & Natasha Fernández-Silber, 48 U.C. Davis L. Rev. 141 (2014)). This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate — there exists a comprehensive federal alien registration system; this scheme obligates all non-citizens in the Read More

“Don’t Deport Our Daddies”: Gendering State Deportation Practices and Immigrant Organizing

“Don’t Deport Our Daddies”: Gendering State Deportation Practices and Immigrant Organizing (Manisha Das Gupta, Gender & Society, Vol 28, Issue 1, 2014) New York based Families For Freedom (FFF) is among a handful of organizations that directly organize deportees and their families. Analyzing the organization’s resignification of criminalized men of color as caregivers, I argue that current deportation policies and practices reorganize care work and kinship while tying gender and sexuality to national belonging. These policies and practices severely compromise Read More

The Privatization of Immigration Detention: Towards a Global View

The Privatization of Immigration Detention: Towards a Global View (Flynn and Cannon, 2009) Flynn, Michael and Cannon, Cecilia Josephine, The Privatization of Immigration Detention: Towards a Global View (September 1, 2009). Available at SSRN: https://ssrn.com/abstract=2344196or http://dx.doi.org/10.2139/ssrn.2344196 The phrase “private prison” has become a term of opprobrium, and for good reason. There are numerous cases of mistreatment and mismanagement at such institutions. However, in the context of immigration detention, this caricature hides a complex phenomenon that is driven by a number of different 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

Deporting the Pardoned

Deporting the Pardoned. Cade, Jason A. U.C. Davis Law Review (Vol. 46, 2). 2012. Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that Read More

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness? (Timothy P Fadgen and Guy Charlton, Victoria University of Wellington Law Review Vol. 43, Issue 3 (Sep 2012)). New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the Read More

Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and their Children

Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and their Children (Sarah Hill Rogerson, 2012) Parents without immigration status in the United States regularly face the threat of deportation and separation from their children. When an undocumented parent is brought to the attention of law enforcement through the child welfare system, they also face the potential of the loss of legal custodial rights to their children. The child welfare system and immigration enforcement mechanisms 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

Immigration Law and the Proportionality Requirement

Immigration Law and the Proportionality Requirement (Michael Wishnie, 2 U.C. IRV. L. REV. 415 (2012)). Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. Doctrinal and theoretical debates concerning proportionality review of criminal sentences, civil punitive damages awards, and other sanctions Read More

The Immigration Penalties of Criminal Convictions: Resurrecting Categorical Analysis in Immigration Law

The Immigration Penalties of Criminal Convictions: Resurrecting Categorical Analysis in Immigration Law (Alina Das, 86 N.Y.U. L. Rev. 1669 (2011)). For over a century, noncitizens in the United States have faced adverse immigration consequences if convicted of certain types of offenses in criminal court. Many criminal convictions carry severe immigration penalties, including deportation, detention, and the denial of statuses like asylum and U.S. citizenship. The Supreme Court recently recognized that these penalties are so intimately tied to criminal court adjudications that criminal Read More