Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship

Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship (Kari Hong, Georgetown Immigration Law Journal (2015)). As a creature of administrative law, Congress has set forth clear, statutory definitions of “parent,” “child,” “son,” “daughter,” and “step-parent.” As a practical matter, these terms create a uniform system by which family relationships are recognized and immigration benefits are conferred. In one notable exception, Congress directs adjudicators to look to state law when determining which children are citizens at birth. Derivative citizenship, the legal process Read More

Deporting Fathers: Involuntary Transnational Families and Intent to Remigrate among Salvadoran Deportees

Deporting Fathers: Involuntary Transnational Families and Intent to Remigrate among Salvadoran Deportees (Jodi Berger Cardoso, Erin Randle Hamilton, Nestor Rodriguez, Karl Eschbach, Jacqueline Hagan, International Migration Review, 2016; Volume 50, Issue 1) One-fourth of deportees from the United States are parents of US-citizen children. We do not know how separation from families affects remigration among deportees, who face high penalties given unlawful reentry. We examined how family separation affects intent to remigrate among Salvadoran deportees. The majority of deportees with children 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

“Los Deportados”: The Transnational Blowback of the United States Deportation Practices and the Hidden Costs of Mass Deportations

“Los Deportados”: The Transnational Blowback of the United States Deportation Practices and the Hidden Costs of Mass Deportations (2013, Hansel Alejandro Aguilar – master’s thesis) The narratives of deportees’ experiences as they are forcibly returned “home” deserves more attention especially if the United States government fails to achieve comprehensive immigration reform in the near future. What is happening to los deportados we have been sending to their “homes” in Latin America that are struggling to maintain their societal structure with their current Read More

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air (2013, Anne-Mari Virolainen – Committee on Migration, Refugees and Displaced Persons – Council of Europe)  Following a steady increase in the number of forced returns of irregular migrants and failed asylum seekers, and in view of the risk of ill-treatment during these forced returns, there is an urgent need to draw up common standards on removal procedures by land, sea and air and on monitoring these 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

What Happens Post-Deportation? The Experience of Deported Afghans

What Happens Post-Deportation? The Experience of Deported Afghans (2013, Liza Schuster and Nassim Majidi) Deportation, understood as the physical removal of someone against their will from the territory of one state to that of another, has moved to the forefront of academic and policy agendas. Although there is a growing literature on legislation and policy, there is very little in-depth data on what happens post-deportation. In this article, we examine possible post-deportation outcomes. We argue that, whatever reasons existed for Read More

Outsourcing Criminal Deportees

Outsourcing Criminal Deportees (2013, Eleanor Marie Lawrence Brown) Introduction [excerpt] Source-labor countries—states that “export” migrants—are virtually invisible in immigration law scholarship. Notwithstanding the growing recognition that ever more people live transnational lives, the dominant conceptualization of immigration law and policy in the United States remains uni-nationally oriented. Under this approach, most immigration questions hinge on reforming and enacting federal laws. “Crimmigration” scholarship—located at the intersection of criminal and immigration law—embodies this uni-national paradigm. Recent contributions by Professors Mariano-Florentino Cuéllar and David Read More

Post-Deportation Health: A Humanitarian Assessment

Post-Deportation Health: A Humanitarian Assessment (No More Deaths, 2012) Objective: This report explores the health impact of US repatriations on people returned to northern Mexico through interviews with adults in the border town of Nogales. The objective of the humanitarian assessment was to describe the perceptions of post-deportation health and the variables linked to higher risk or distress for deported men and women. Background: Nogales, Sonora, Mexico is a small city abutting the international boundary and adjacent to Nogales, Arizona. Read More

Illegal Emigration: The Continuing Life of Invalid Deportation Orders

Illegal Emigration: The Continuing Life of Invalid Deportation Orders (Richard Frankel, 2012) Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their prior status of being lawfully present in the United States, federal immigration authorities have used the fact Read More

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement (2012, Leana Podeszfa & Friederike Vetter) In today’s mobile world, questions of rights and democracy cannot be limited to the borders of nation states. In this article, Leana Podeszfa and Friederike Vetter explore the human rights abuses that can occur when failed asylum seekers from Africa are returned to their country of origin. Leana Podeszfa is a graduate of the MPhil in Development Studies at the 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

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

Separation, Deportation, Termination

Separation, Deportation, Termination (Marcia Yablon-Zug, 32 B.C. J.L. & Soc. Just. 63 (2012)). There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child’s best interest. This requirement is unique to immigrant parents and can have a disastrous impact on their ability to retain custody of Read More

Working with Deported Individuals in the Pacific: Legal and Ethical Issues

Working with Deported Individuals in the Pacific: Legal and Ethical Issues (UNDP Pacific Centre, 2012) Deportation as described by the International Organization for Migration (IOM) refers to “the act of a State in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain.” Therefore, for criminal deportation cases this refers to the removal of an alien (non-citizen) after committing a criminal act in the 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

Disappearing Parents: Immigration Enforcement and the Child Welfare System

Disappearing Parents: Immigration Enforcement and the Child Welfare System (Nina Rabin, 2011) This Article presents original empirical research that documents systemic failures of the federal immigration enforcement and state child welfare systems when immigrant parents in detention and deportation proceedings have children in state custody. The intertwined but uncoordinated workings of the federal and state systems result in severe family disruptions and raise concerns regarding parental rights of constitutional magnitude. This Article documents this phenomenon in two ways. First, it Read More

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture (Alyssa Bell & Julie Dona, 35 N.Y.U. Rev. L. & Soc. Change 707 (2011)) This paper argues that the Board of Immigration Appeals (BIA) erred when it strictly limited the scope of Convention Against Torture (CAT) protection for deportees facing inhumane treatment in Haitian jails. The authors examine In re J-E-, in which the BIA narrowed the definition of torture under CAT to acts undertaken by Read More

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress? (2011, Daniel Kanstroom) Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear constitutional precedent. It is surely a very interesting and important U.S. Supreme Court case in the (rapidly converging) fields of immigration and criminal law in which the Court struggles Read More

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment (Daniel Kanstroom, 58 UCLA L. Rev. 1461 (2011)) The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly incorrect advice concerning the risk of deportation. This was a very significant move with virtues of both logic and justice. It will Read More

“Passed Beyond Our Aid:” U.S. Deportation, Integrity, and the Rule of Law

“Passed Beyond Our Aid:” U.S. Deportation, Integrity, and the Rule of Law (2011, Daniel Kanstroom) The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen deportations has exceeded 25 million. It is therefore important to think critically about how deportation is really working, especially as to many hundreds of thousands of green-card holders. These individuals Read More

Will Padilla Reach Across the Border?

Will Padilla Reach Across the Border? (Rachel E. Rosenbloom, 45 New Eng. L. Rev. 327 (2011)) In Padilla v. Kentucky, the Supreme Court recognized a noncitizen criminal defendant’s Sixth Amendment right to receive accurate advice regarding the immigration consequences of a guilty plea. This Article argues that although Padilla represents a major step forward, its reach will be uneven. Looking at what Padilla will mean for those who have been deported on the basis of constitutionally defective guilty pleas, the Read More

Deporting Dominicans: Some Preliminary Findings

Deporting Dominicans: Some Preliminary Findings (2011, Charles R. Venator Santiago – 14 Harv. Latino L. Rev. 359) An essay is presented on the deportation of several Dominicans from the U.S. It mentions the deportation issues encountered by several Dominicans while living in the country and cites their struggles in dealing with the country’s immigration law. It denotes the legal process of removing Dominicans from the country, even those who have not committed any crime. The social condition of Dominicans in Read More

U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens

U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens (2011, Jacqueline Stevens) This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on Read More

IOM Stands Ready to Assist Zimbabweans Returned from South Africa

IOM Stands Ready to Assist Zimbabweans Returned from South Africa (2011, International Organization for Migration) IOM and partners have begun to implement a contingency plan to provide humanitarian assistance to Zimbabwean migrants who may be forcibly returned from South Africa this year following the end of a regularization campaign on 31 December 2010. Hundreds of thousands of irregular Zimbabwean migrants could face deportation from South Africa as only about a sixth of the estimated Zimbabwean irregular migrant population applied for Read More

The Merry-Go-Round of Youth Gangs: The Failure of the U.S. Immigration Removal Policy and the False Outsourcing of Crime

The Merry-Go-Round of Youth Gangs: The Failure of the U.S. Immigration Removal Policy and the False Outsourcing of Crime (2011, Jonah M. Temple) The United States’ policy of deporting noncitizen criminals to their countries of origin is fueling a proliferation of gang membership both in Central America and in the United States. Deportation does not deter gang activity but instead helps to facilitate the transnational movement of youth gangs. Rather than continue this failed approach, this Comment proposes that the Read More

Remedies for the Wrongly Deported: Territoriality, Finality, and the Significance of Departure

Remedies for the Wrongly Deported: Territoriality, Finality, and the Significance of Departure (2008, Rachel E. Rosenbloom) In recent years, thousands of longtime legal residents have been deported based on erroneous interpretations of the 1996 amendments to the Immigration and Nationality Act. Their return to the United States is precluded by a pair of Department of Justice regulations barring immigration judges and the Board of Immigration Appeals (BIA) from correcting errors in removal proceedings once a deportee has left the United Read More

Return[ed] to Paradise: The Deportation Experience in Samoa & Tonga

Return[ed] to Paradise: The Deportation Experience in Samoa & Tonga (Natalie Pereira, UNESCO, 2011) UNESCO’s Social and Human Sciences Apia program has conducted research on the experiences of deportees in Samoa and Tonga over a two year period. The Social and Human Science sector’s mission is to advance knowledge, standards and intellectual cooperation in order to facilitate social transformations conducive to the universal values of justice, freedom and human dignity. Deportation as described by the International Organization for Migration refers 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

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde (2011, Heike Drotbohm, Citizenship Studies 15 (2011): 381-96) This article explores the impact of deportation, a state practice increasingly applied by European and North American governments, on notions of sociality in transnational social fields. In particular, it concentrates on the dynamics between formal citizenship on the one hand and the moral economies of belonging and membership on the other. Drawing on anthropological Read More

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community (2010, Walter Leitner International Human Rights Clinic; Returnee Integration Support Center; Deported Diaspora) The Walter Leitner International Human Rights Clinic of the Leitner Center for International Law and Justice at Fordham Law School, the Returnee Integration Support Center (RISC) and Deported Diaspora announce the release of a new report, Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community.  The report highlights the human rights impact of our current immigration policies through the lens of Read More

The Effects of U.S. Deportation Policies on Immigrant Families and Communities: Cross-Border Perspectives

The Effects of U.S. Deportation Policies on Immigrant Families and Communities: Cross-Border Perspectives (2010, Jacqueline Hagan, Brianna Castro, and Nestor Rodriguez) Since the mid-1990s, the United States has enacted a series of laws that makes it easier to arrest, detain, and deport noncitizens. These laws, which have been highly criticized for the devastation they have brought to immigrant families, represent an abrupt departure from post–World War II immigration policies, which provided increasing rights to immigrants and their families. In this Read More

The Immigration-Crime Nexus and Post-Deportation Experiences: En/Countering Stereotypes in Southern California and El Salvador

The Immigration-Crime Nexus and Post-Deportation Experiences: En/Countering Stereotypes in Southern California and El Salvador (2010, M. Kathleen Dingeman & Ruben G. Rumbaut) Historically, periods of accelerating immigration have been accompanied by nativist alarms, perceptions of threat, and pervasive stereotypes of the newcomers, particularly during economic downturns or national crises, and when immigrants have arrived en masse and differed from the native born in language, race, religion, and national origin. Stereotypes about immigrants and crime not only take root in public Read More

A Practical Guide for Returning to the Azores

A Practical Guide for Returning to the Azores (Presidência do Governo Regional dos Açores Direcção Regional das Comunidades) The Practical Guide for Returning to the Azores is an initiative of the Regional Department for the Communities (Direcção Regional das Comunidades) created for Portuguese citizens born in the Autonomous Region of the Azores, who are facing deportation and are presently at Detention Centers in the United States of America and Canada. This guide is meant to be a practical guide to Read More

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers (Human Rights Watch, 2009) This report examines the treatment of migrants, asylum seekers, and refugees in Libya through the eyes of those who have left that country and are now in Italy and Malta. These people, unlike their counterparts who are still in Libya, are free to talk about their experiences without fear of retribution. The report has two purposes. Read More

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics (Sarah H. Paoletti, 30 U. Pa. J. Int’l L. 1171 (2009)) In response to the abuses migrants face, migrants and advocates have historically engaged in advocacy on two parallel tracks, with one camp operating in the domestic sphere and the other camp operating in the international arena. In recent history, domestic advocates have begun to cross into the international advocacy field frustrated by the lack of state and federal Read More

Displacement and stigma: The Social-psychological Crisis of the Deportee

Displacement and stigma: The Social-psychological Crisis of the Deportee (David C. Brotherton & Luis Barrios, Crime Media Culture vol. 5no. 1 29-55 (2009)) The phenomenon of forced repatriation for non-citizens has grown exponentially since the passing of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Patriot Act of 2001. This development is the `natural’ result of the three wars on the globalized `other’: the war on drugs, the war on terrorism, and the war on the immigrant 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

Removal of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality

Removal of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality (Freddy Funes, 63 U. Miami L. Rev. 301 (2008)) Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via its new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ Read More

Preliminary Report: Deportation of Salvadorans who Immigrated to the U.S. as Children

Preliminary Report: Deportation of Salvadorans who Immigrated to the U.S. as Children (2008, Susan Bibler Coutin) This report presents preliminary results of research designed to understand the experiences of Salvadorans who immigrated to the United States as children and who subsequently were deported to the United States as adults. Individuals who immigrate as children are known as 1.5 generation migrants, and are of particular interest because their ties to their country of birth may be attenuated, and yet they may 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

The Latino Lawful Permanent Resident Removal Cases: A Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.S. Immigration Law

The Latino Lawful Permanent Resident Removal Cases: A Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.S. Immigration Law (Maritza I. Reyes, 11 Harv. Latino L. Rev. 279 (2008)) This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation Read More

The Removal of Failed Asylum Seekers: International Norms and Procedures

The Removal of Failed Asylum Seekers: International Norms and Procedures (2007, John Gibson) This paper reviews existing norms and best practice in removals procedures and asylum/appeals procedures relevant to the removal process in chosen countries. It is informed by regional and international standards and refers to the particular situation in the 15 pre-enlargement EU member states, Norway, Switzerland and Australia and with some references to law and practice in New Zealand and Canada. It concentrates on standards that impact the Read More

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity?

Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity? (Daniel Kanstroom, 3 Stan. J.C.R. & C.L. 195 (2007)) Deportation is a major law enforcement system that looms over the tens of millions of non-citizens who live, study, and work in this country. Since harsh changes to the system were implemented in 1996, millions of non-citizens have been ordered to leave. Tens of thousands are barred by law from ever returning. Those who might have a legal path of return face an arcane system Read More

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families

American Diaspora: The Deportation of Lawful Permanent Residents from the United States and the Destruction of their Families (Bryan Lonegan, 32 N.Y.U. Rev. L. & Soc. Change 55 (2007)) This article discusses deportation of lawful permanent residents and the effects these deportations have on families. The focus of this article is on lawful permanent residents faced with deportation because of criminal convictions, and the effect of deportation on their families. It emphasizes the utter lack of rationality, compassion, and flexibility in Read More

Global Care Chain: A Critical Introduction

Global Care Chain: A Critical Introduction (Nicola Yeates, Global Migration Perspectives, 44: 1-20, 2005) The ‘global care chain’ concept is attracting attention across a range of social science fields, in particular globalisation studies, migration studies, care studies and gender studies. This paper provides a critical introduction to that concept, a general discussion of the merits of the concept and ways in which its usefulness might be enhanced. The discussion begins by reviewing the origins and general features of the ‘global care Read More