By Mary Holper

Prolonged mandatory immigration detention has become the norm, not the exception. We have arrived at this moment because immigration detention is supposedly exceptional, subject to different constitutional norms than other civil detention. When the Supreme Court first examined a facial due process challenge to mandatory immigration detention in its 2003 decision in Demore v. Kim, immigration detention exceptionalism caused the Court to uphold mandatory detention. Absent from the Court's analysis was an entire body of due process jurisprudence, most of which developed in the 1970s, which questioned the government's purposes behind civil detention and required significant procedural protections in order for the government to deprive a person of liberty. In the wake of Demore, courts considering as-applied challenges to prolonged mandatory detention formulated multi-factor tests as a method of interpreting the statute to avoid unconstitutional detention. These tests provided an important counterweight to immigration detention exceptionalism and predictability for litigants, but most of the factors are irrelevant to a federal district court in deciding whether prolonged detention without a bond hearing violates a detainee's due process rights. Courts have been taking out the scales to engage in due process balancing, but putting the wrong weights on the scales.

Courts are beginning to discard these multi-factor tests and instead applying the Supreme Court's 1976 Mathews v. Eldridge procedural due process test to decide whether prolonged mandatory immigration detention is unconstitutional. The Mathews balancing test, which considers the private interests at stake, the risk of erroneous deprivation, and the government's interests, has been welcomed in immigration law because it encourages courts to first focus on an individual noncitizen's liberty interest. Mathews thus counteracts immigration detention exceptionalism, which focuses exclusively on the government's interest and finds that removable detainees have no liberty interest whatsoever. The Second Circuit Court of Appeals is the first circuit court to shift its test, transitioning to Mathews balancing in 2024 to decide whether mandatory detention was unreasonably prolonged. As a cautionary note, an attempt at transitioning the balancing test led the Eighth Circuit Court of Appeals, in 2024, to reject all forms of balancing, embrace immigration detention exceptionalism, and hold that any length of mandatory detention is acceptable during removal proceedings. This Article argues that courts can make prolonged mandatory immigration detention exceptional by continuing the work of the Second Circuit in applying the Mathews procedural due process balancing test instead of the existing multi-factor tests.

 Boston College Law School Legal Studies Research Paper No. 662

By Rasmus Munksgaard, Kim Moeller & Theresa Dyrvig Henriksen

Sex workers in Europe are increasingly of nonnational origin. The Schengen cooperation allows internal migration within the European Union, but many migrant sex workers originate from outside the EU. While sex workers are already in precarious positions, nonnationals risk deportation, dependent on their citizenship status, and may have debts to smugglers. Consequently, they may be more likely to work longer hours to increase short-term profits. Using a dataset of sex work advertisements from one Danish website (n = 2,594), we estimate the association between inferred citizenship status and a) advertised hours on shift using ordinary least squares regression, and b) the probability of advertising 24/7 availability using a linear probability model. Compared to Danish sex workers, we find migrants advertise almost twice as many hours on shift and are more likely to advertise 24/7 availability. These results shed light on the inequalities that persist between national and nonnational sex workers.

Global Crime, Volume 26, 2025 - Issue 1

By the U.K.Ministry of Justice, and the Office of Health Improvement and Disparities

Executive Summary This report presents follow-up analysis building on Pathways between probation and addiction treatment in England: report - GOV.UK focusing on people sentenced to community orders (COs) and suspended sentence orders (SSOs) with an Alcohol Treatment Requirement (ATR) or Drug Rehabilitation Requirement (DRR). It examines engagement with alcohol and drug treatment, how engagement relates to reconvictions https://www.sciencedirect.com/science/article/pii/S0955395926000332 outcomes, and their characteristics. The analysis covers all ATRs and DRRs issued between August 2018 and March 2023. The study linked probation case management records with the National Drug Treatment Monitoring System (NDTMS) using probabilistic data linkage. This was supplemented by Natural Language Processing (NLP) analysis of probation contact notes. This approach aimed to assess whether the absence of ATRs and DRRs in structured treatment data reflected a true lack of treatment or gaps in data linkage. A total of 45,943 ATR and DRR requirements were issued during the period. Of these, 22,636 were linked to structured treatment through data linkage. The NLP approach derived an engagement rate from the unlinked sample. This was then applied to all unlinked records, resulting in an estimated 18,712 requirements with evidence of treatment engagement. Key Findings 1. Up to 90%1 of ATRs and DRRs were estimated to involve some form of treatment engagement. This is based on 49% linked to structured treatment through probabilistic data linking and an additional 41% of unlinked records showing treatment engagement in probation contact notes. Engagement was estimated to be higher for ATRs (93%) than for DRRs (88%). 2. Reconviction was less common following ATRs and DRRs linked to structured treatment. Within 12 months of sentencing, 36% of those linked to structured treatment were reconvicted, compared with 44% of those not linked to structured treatment. 

3. Characteristics associated with being more likely to be linked to structured treatment included being: • aged over 50 • female • in settled accommodation, (least likely when associated with rough sleeping) • engaged by treatment services within: 

▪ 3 weeks of an ATR, ▪ 3–6 weeks of a DRR 4. Reconviction outcomes varied by treatment outcome: • Reconvictions associated with ATRs and DRRs were lowest when they remained in structured treatment at the end of the observation period (13% for ATR; 26% for DRR). • Reconvictions associated with ATRs and DRRs were highest when they dropped out of structured treatment (41% for ATR; 60% for DRR). • Reconvictions associated with ATRs and DRRs that were not identified in structured treatment were higher than completed or remained in structured treatment but lower than those that dropped out of structured treatment (37% for ATR; 51% for DRR). Conclusion The analysis shows clear associations between treatment engagement and both individual characteristics and justice system factors. Individuals with ATRs and DRRs who completed or remained in structured treatment had better reconviction outcomes than those who dropped out of or had no identified structured treatment. This highlights the value of sustained engagement. The report also demonstrates the value of AI based NLP methods to strengthen insight by identifying treatment activity not captured through data linkage alone.

London: U.K. Ministry of Justice and the Office of Health Improvement and Disparities, 2026. 47p.

By Steven Dudley, et al.

Although traditional synthetic opioid strongholds like the United States and Canada appear to be experiencing a stabilization of their illicit fentanyl market—evidenced by a historic reduction in overdose deaths 1—synthetic opioids continue to expand across the globe, creating widespread health and security concerns. Existing explanations for the rise and stabilization of these markets focus on economic incentives, supply-chain disruption, precursor controls, consumption patterns, and public-health interventions. But the role of organized crime in structuring retail distribution has been largely overlooked. The experience of Mexico’s northern border illustrates that local criminal governance can be a decisive factor in determining where and how new drug markets take root. Fentanyl, for example, has quietly reshaped drug markets in Mexico and upended some widely held assumptions of how larger criminal groups interact with these markets. As local criminal organizations became major producers and exporters of the synthetic opioid to the United States, domestic consumption also emerged in key trafficking corridors. In Tijuana and Mexicali in Baja California, Hermosillo and Nogales in Sonora, and Ciudad Juárez in Chihuahua, the transnational fentanyl economy has taken root locally, generating unprecedented public health and security pressures. This expansion, however, has been uneven, and the criminal actors who control local drug economies are far from monolithic. Across northern Mexico, fragmented local factions—sometimes linked to larger organizations, sometimes operating with considerable autonomy—determine what reaches consumers and under what conditions. Retail fentanyl markets have therefore expanded not simply in response to demand or price signals, but according to thestrategic decisions of local criminal groups. In Baja California, these groups actively promoted fentanyl sales, enabling the market to consolidate. In Sonoran cities and Ciudad Juárez, they restricted distribution, confining consumption to specific user niches.Overall, the impact on the ground has been substantial. The introduction of fentanyl triggered waves of overdose deaths and serious health effects among users. Although there are signs that the crisis may have stabilized in some areas, the risks persist, and the problem remains underestimated in official statistics, limiting the effectiveness of institutional responses that are already ill-equipped to address it. This report aims to provide a deeper understanding of this issue. It examines fentanyl consumption dynamics in the cities mentioned, traces the evolution of the market, and outlines the distribution networks that sustain it. Additionally, it analyzes the models of criminal control over local drug markets and assesses the state’s response to date. A central question running through the analysis is why fentanyl did not spread uniformly across these cities and what role local criminal structures played in that divergence.

Washington DC: Insight Crime, 2026. 66p.

By ECLAC

The purpose of the Femicidal Violence in Figures Bulletin is to disseminate data on femicide/feminicide or gender-related killings of women in Latin America and the Caribbean, and to report on the methodological advances made by national institutions in generating statistics on this form of violence. Responsible entities:  Gender Equality Observatory for Latin America and the Caribbean of the Economic Commission for Latin America and the Caribbean (ECLAC) and the UNiTE to End Violence against Women campaign.

By Dan Anderberg. Line Hjorth Andersen,  N.Meltem Daysal, Mette Ejrnæs

We examine the impact of a 2002 Danish parental leave reform on intimate partner violence (IPV) using administrative data on assault-related hospital contacts. Using a regression discontinuity design, we show that extending fully paid leave increased mothers’ leave-taking and substantially reduced IPV, with effects concentrated among less-educated women. The reform also lengthened birth spacing, while separations remained unchanged and earnings effects were modest. The timing and heterogeneity of impacts point to fertility adjustments—rather than exit options or financial relief—as the key mechanism. Parental leave policy thus emerges as an underexplored lever for reducing IPV.

By Sarah Picard, Leah Nelson, Rae Walker, Kasey Eickmeyer, and Ellie Wilson

Every year, courts across the United States impose millions of dollars in fines, fees, and restitution on people convicted of traffic violations, misdemeanors, and felonies. Collectively, monetary sanctions and other criminal justice fees are referred to as legal financial obligations or simply court debt. Ostensibly, court debt is intended to sanction offenders, recover the costs of running a court system, raise revenue, and compensate victims of crime. In most jurisdictions, however, court debt is assessed without considering an individual’s ability to pay, and much of what is owed goes uncollected. Estimates suggest that there are approximately $27.6 billion in outstanding obligations. In addition to being an unreliable source of revenue, court debt can have severe and long-standing consequences for those who owe, exposing them to increasing debt, future incarceration related to unpaid debt, and the suspension of voting rights, among other collateral consequences. In jurisdictions across the country, court debt also has a disproportionate effect on the economically disadvantaged, as well as Black and Latino individuals and communities. Many of the equity and collateral consequences described above hold true for court debt assessment and collection in Jefferson County and across Alabama, as documented in a 2018 survey with over 800 Alabama residents who owed court debt. This research attracted the attention of judges in the Tenth Circuit Court in Jefferson County (home to Birmingham) who worked with Leah Nelson, lead researcher on the 2018 survey, and MDRC to develop the Jefferson County Equitable Fines and Fees (JEFF) Project, a multidisciplinary study of the scope and consequences of court debt in the county. With funding from Arnold Ventures, the JEFF Project began in 2022. The findings in this report reflect multiple lines of inquiry, including descriptive and inferential analyses of five years of case-level court data, in-depth interviews with court practitioners, and focus group discussions with individuals who have direct experience with court debt in Jefferson County. Taken together, these analyses point to a system that is neither effective in generating revenue for the court, nor fair, given its outsized impact on Black and indigent people living in poor communities. Over the five years of the study, just under half of the individuals who owed court debt paid in full, with many seeing their debt burden grow over time. The research team also isolated some of the major factors that contribute to debt growth, which include race and economic disadvantage, in addition to factors related to how debt is collected, most notably the practice of assessing a 30 percent late fee on those who do not submit a payment within 90 days. Both court practitioners and individuals who are directly affected viewed the current system as broken, with the latter describing serious financial, emotional, and collateral consequences. Findings from the JEFF Project have already prompted the reconsideration of current practices in Jefferson County, including a pilot project to reduce debt burdens and encourage payments, and the creation of a statewide task force that will examine fines and fees across Alabama. Finally, given that Jefferson County is home to a midsized  city situated in a fiscally and socially conservative state, its social and geographic characteristics make it a useful reference for many cities and counties looking to make changes in their fines and fees systems.

By Tobias Auer and Tom Kirchmaier

In this paper we focus on how the criminal history of a household affects juvenile reoffending. Using detailed administrative data from Greater Manchester Police for 2007-2018, we construct a matched sample of 15,548 juvenile first-time offenders. We show causally that juveniles from a household with a previous criminal record are 26.4 to 29.8 percentage points more likely to reoffend within three years, with the greatest additional risk being in the first year after the initial offence. We show that social learning, co-offending by siblings, and differential processing contribute to this effect. Our findings highlight household criminality as an important driver of criminal persistence, underscoring the need to move beyond individual-level predictors and address the criminogenic dynamics within the home.

In this paper we focus on how the criminal history of a household affects juvenile reoffending. Using detailed administrative data from Greater Manchester Police for 2007-2018, we construct a matched sample of 15,548 juvenile first-time offenders. We show causally that juveniles from a household with a previous criminal record are 26.4 to 29.8 percentage points more likely to reoffend within three years, with the greatest additional risk being in the first year after the initial offence. We show that social learning, co-offending by siblings, and differential processing contribute to this effect. Our findings highlight household criminality as an important driver of criminal persistence, underscoring the need to move beyond individual-level predictors and address the criminogenic dynamics within the home.

By Olivia Naugle

The youth justice system was created because youth are different from adults.1 State departments of juvenile justice have purpose clauses affirming that rehabilitation is their primary goal. In the youth justice system, youth have access to developmentally appropriate services that are not available in the adult criminal legal system. Sending youth to the adult criminal justice system, for any offense, harms youth wellbeing and community safety.

By The International Organization for Migration

This report, Climate Chains: Mapping the Relationship between Climate, Trafficking in Persons and Building Resilience in Ethiopia, explores the complex links between climate change, livelihood, vulnerability, migration and human trafficking in Ethiopia. Commissioned by IOM under the Climate Resilience Against Trafficking and Exploitation (CREATE) project, this study forms part of a broader research focusing on Ethiopia and the Philippines – two countries facing distinct climate challenges: slow-onset droughts and sudden-onset typhoons, respectively.  

The research used a mixed-methods approach including household surveys, interviews and focus group discussions. The report puts forward a conceptual model that links climate events and trafficking through a series of intertwined steps. It identifies a causal chain where climate events disrupt livelihood, increase vulnerability and heighten migration intentions, which can lead to exploitation and trafficking. The research explores how factors linking climate and trafficking operate in Ethiopia. 

This study provides critical insights and recommendations for policymakers, donors and organizations in Ethiopia and internationally that are working to combat human trafficking and exploitation, while strengthening resilience to climate change.

By Crest Advisory with RSM UK Consulting

Economic growth is the number one mission of the Government in the UK, seeking to restore stability, increase investment and reform the economy to improve productivity, prosperity, and living standards. This commitment has been made in the context of a sustained period of economic stagnation, throughout which there has been an ongoing conversation as to whether the right levers are being pulled to achieve economic growth. The Office of the Chief Scientific Adviser for the National Police Chiefs’ Council (NPCC) commissioned us to understand the role of policing as a lever - our research seeks to collate existing evidence as well as identify where there are opportunities to develop this evidence in the future. This research also falls within the wider discussion on police funding, police productivity and police reform which is particularly relevant given that the Home Office will be looking to find savings ahead of this year’s spending review as an unprotected government department, ongoing debate about the police funding formula and growing financial pressures on police forces. Science and technology has a significant role to play in police efficiency and effectiveness, but also growth. The NPCC’s Science and Technology Strategy sets a clear ambition for policing “to deliver the most science and technology led police service in the world”. Often, our understanding of policing impact is focused on implementation and public safety outcomes, but economic outcomes have the potential to shift the narrative in terms of how we define an effective and efficient police response. Our work, in partnership with RSM UK Consulting, has sought to understand the evidence between policing and economic outcomes, from which we have produced a logic model to understand these relationships (a logic model conceptualises the links between activities and key outcomes). While we have not been able to estimate the scale of impact of UK policing on economic growth, we hope this logic model can act as a framework for partners to use to further develop the evidence base around the impact of policing on economic outcomes, specifically designing evaluations with these outcomes in mind. In time, this evidence may begin to change how we understand the positive impact of policing on individuals, businesses and communities in England and Wales - with the potential for positive economic outcomes influencing future decisions on funding allocations and commitments to specific policing initiatives and operational interventions. Furthermore, growth could sit alongside efficiency and effectiveness as key metrics for success in policing.

London: Crest Advisory, 2025. 69p.

By Camilla De Camargo, Fred Cram

The advent of the COVID-19 pandemic required police officers in England and Wales to enforce new public health restrictions (e.g., stay-at-home directives, social distancing requirements and mask mandates), as well as navigate the risk that COVID-19 posed to their own health and safety during interactions with the public. From a practical standpoint, these factors changed the nature of the policing task significantly, with previously routine police decision-making (e.g., whether or not to carry out stops, searches, arrests and/or detentions) necessarily responding not only to traditional concerns around suspicion and evidence but also directly to these novel legal and organisational challenges. Findings from interviews carried out in 2020 and 2022 with 18 police officers from 11 different forces in England and Wales suggest that well-established predictors of arrest decisions (e.g., offence severity, evidence and/or the pursuit of culturally orientated objectives) were disrupted due to broader considerations, uniquely related to the COVID-19 pandemic. This article uses Keith Hawkins’ (2002) conceptual framework of criminal justice decision-making—surround, field and frame—as an explanatory device to help us understand arrest and non-arrest decisions of street-level police officers during this period, despite the existence of sufficient evidence to support such action.

The Howard Journal of Crime and Justice Volume 64, Issue 3 Sep 2025 Pages 277-417

By Stephen Farrall, Jason Warr, Abigail Shaw, Kanupriya Sharma

This paper reviews what is known about ethnic identity and the processes by which people cease offending. Whilst the past 30 years have seen dramatic growth in what is known about desistance, in many jurisdictions, there is a paucity of research which examines this in terms of ethnicity or ethnic variations. We therefore review what is empirically known about ethnicity and desistance. Whilst this review draws from the global literature, our focus is on what this literature tells us about ethnicity and desistance from a British perspective. We find that the majority of these have been undertaken in the United States (although there are some European and Australasian studies). Few studies, however, have fully unpacked the role of racism (in terms of institutional processes or overt prejudice and hostility) and that there have been very few studies of the roles played by ethnicity in processes of desistance.

The Howard Journal of Crime and JusticeVolume 64, Issue 3Sep 2025