Gender, Migration and Categorisation:

Making Distinctions between Migrants in Western Countries, 1945-2010

Edited by Marlou Schrover & Deirdre M. Moloney

All people are equal, according to Thomas Jefferson, but all migrants are not. In this volume, twelve eminent scholars describe and analyse how in countries such as France, the United States, Turkey, Canada, Mexico, the Netherlands, Sweden, and Denmark distinctions were made through history between migrants and how these were justified in policies and public debates. The chapters form a triptych, addressing in three clusters the problematisation of questions such as ‘who is a refugee’, ‘who is family’ and ‘what is difference’. The chapters in this volume show that these are not separate issues. They intersect in ways that vary according to countries of origin and settlement, economic climate, geopolitical situation, as well as by gender, and by class, ethnicity, religion, and sexual orientation of the migrants.

Amsterdam: Amsterdam University Press, 2013. 272p.

Forced Migrants in Nordic Histories

Edited by Johanna Leinonen, Miika Tervonen, Hans Otto Frøland, Christhard Hoffmann, Seija Jalagin, Heidi Vad Jønsson and Malin Thor Tureby

Forced Migrants in Nordic Histories sheds light on the often-overlooked histories of forced migrants in Denmark, Finland, Iceland, Norway, and Sweden during the 20th and 21st centuries. It offers the first comparative, region-wide volume focused specifically on the histories of refugees and other groups of forced migrants across the Nordic countries. Nordic historiographies have long tended to marginalise or omit the presence of these migrants, producing a perception of forced migration as something ‘new’ or ‘exceptional’. This volume challenges that notion by uncovering the long and varied histories of forced migration within, between, to, and from the Nordic region. In doing so, it repositions forced migrants as integral to the shaping of Nordic societies. The volume includes contributions from and about all the five Nordic countries. It examines both national specificities and shared regional patterns, offering insights into how forced migration has been regulated, remembered, and represented in public discourses across borders. The chapters engage with a wide range of forced migrant groups, such as wartime evacuees, refugees, deportees, Holocaust survivors, and more recent asylum-seekers. Central to the volume is the recognition of forced migrants as historical actors. Drawing on oral histories, personal testimonies, and archival research, the book foregrounds the agency of forced migrants themselves, countering their frequent portrayal as passive or voiceless. By tracing historiographical trends and shifting discourses, regulatory frameworks, and memory practices, Forced Migrants in Nordic Histories contributes a vital historical dimension to contemporary debates on forced migration.

Helsinki: Helsinki University Press, 2025. 397p.

By Rachel Rosen and Eve Dickson

Bordering social reproduction explores what happens when migrants subject to policies that seek to deny them the means of life nonetheless endeavour to make and sustain meaningful lives. The book provides rich ethnographic insights into the complexities of the everyday lives of mothers and children with insecure migration status who are subject to the United Kingdom’s ‘no recourse to public funds’ policy. This immigration condition prohibits access to housing assistance and most welfare benefits even for the most destitute. Developing innovative theorisations of welfare bordering, this book shows how enforced destitution and debt work alongside detention and deportation as tripartite exclusionary technologies of the racial state. Bordering social reproduction advances the novel concept of weathering to comprehend mothers’ and children’s life-making practices under duress – arguing that these are neither acts of heroic resilience nor solely symptomatic of lives rendered disposable, but indications of the fragilities of repressive migration regimes and, on occasion, the refusal to accept their terms of existence. This engaging book invites us to think carefully about the relationship between welfare states and border regimes, and how we might contest their intertwinement. Making incisive interventions into theoretical discussions around social reproduction, bordering and childhood, the book offers critical contributions in response to contemporary debates about the nature of welfare support and migration.

Manchester, UK: Manchester University Press, 2025.

By Susan Bibler Coutin

Immigrant residents seeking legal status in the United States face a catch-22: the documents that they must present to immigration officials—bank records, paycheck stubs, and contracts in their own names—are often challenging for undocumented people to obtain. In this book, Susan Bibler Coutin analyzes how undocumented immigrants and the attorneys and paralegals who represent them attempt to surmount this and other documentary challenges. Based on four years of fieldwork and volunteer work in the legal services department of an immigrant-serving nonprofit and in-depth interviews with those seeking status, On the Record explores these complex dynamics by taking seriously both documents themselves and the legal craft that has developed around their use.

Oakland, CA: University of California Press, 2025. 187p.

By April Guevara Espinoza,

Given the past election season and craze about the “immigration crisis,” it is of paramount importance to reflect on how and why migrants, particularly Mexican migrants, are positioned as “less than” in our society. Immigration is more than a political platform issue; it concerns real people whose real lives are affected. Mexican migrants are used as political scapegoats for any and all issues in the United States whether it be increased crime rates, a lack of available jobs, or overall poor economic conditions. They are dangerously mischaracterized and stereotyped as “criminals” and “national security threats.” These labels are inextricably tied to racism and xenophobia, yet are cited as a rationale for restrictive, militarized, and criminalized immigration policies. This rhetoric perpetuated by our laws, leaders, and media serves to create a narrative about migrants and immigration that is entirely detached from humanity, divorcing the individual from society, and labeling them as “other.” Citizenship status should not be determinative of which civil and human rights are afforded to human beings. As a society, we must demand an interrogation of the relationship between racism, nationalism, and xenophobia, accompanied by a reckoning of the United States’ white supremacist roots, to alter the way we view and speak about all migrants, to demilitarize the border, and to decriminalize immigration policy. This Paper serves as a detailed account of the subjugation and subordination of Mexican migrants throughout history to argue Mexican migrants will never be humanized until white supremacy is confronted because white supremacy is everpresent in our laws, lives, and language. Most importantly, this Paper is a reminder to treat migrants as they are—human.

, 20 Nw. J. L. & Soc. Pol'y. 1 (2024), 35p.

By Gilbert E. Roe

The judiciary alone, of all our institutions of government, has enjoyed for many years almost complete freedom from hostile criticism. Until very recently, this branch of our government stood above the legislative and executive departments in popular esteem. Unresponsive, and unresponsible to the public the courts dwelt in almost sacred isolation. Within the last two or three years the public has begun to turn a critical eye upon the work of the judges. The people in their struggle to destroy special privilege and to open the way for human rights through truly representative government, found barrier after barrier placed across the way of progress by the courts. Gradually the judiciary began to loom up as the one formidable obstacle which must be overcome before anything substantial could be accomplished to free the public from the exactions of oppressive monoplies and from the domination of property interests.

B.W. Huebsch, 1912, 253 pages

National Association for the Advancement of Colored People

Between 1889 and 1918, 3,224 people were lynched in the U.S., with 78.2% being African Americans. The South had the highest number of lynchings, with Georgia, Mississippi, and Texas leading.While lynchings decreased over the 30-year period, the South saw a slower decline compared to the North and West. Despite appeals from leaders like President Wilson, lynchings continued, and mob members were rarely convicted.

National Association for the Advancement of Colored People National Ofce 70 Fifth Avenue, New York. APRIL, 1919. 102p.

Christopher Ross,

FROM THE DOCUMENT: Immigration is one of, if not the, top voting priority for 2024 American voters [1]. Both political parties are poised to increase asylum restrictions but to disparate degrees. One policy under serious consideration is mass deportation [2]. It is not a novel American immigration policy concept [3]. But introspection from previous attempts should chill the notion of mass deportation being a viable solution worthy of serious consideration. The costs would be exorbitant. It would leave large swaths of American communities decimated. The local and national economies would take serious hits. Families and loved ones would be separated. Already backlogged immigration courts would be further overwhelmed as a matter of due process. Immigration must be addressed, and the rule of law is to be respected. But solutions must equally be practical. An August 2019 immigration raid in Jackson, Mississippi where 680 immigrants were arrested while working at nearby chicken processing plants provides a window to review how mass immigration enforcement, detention, and deportation affects an American community in the 21st century. This paper provides an analysis of the immigration raid and its effects on the local community, economy, and social services. It will also provide a scaled analysis of major metropolitan areas to show the deleterious effects of mass deportation and dissuade the consideration of mass deportation as viable policy. Finally, it will propose an alternative policy that may prove to be in the best interests of all parties involved.

Center for Migration Studies. .August 6, 2024. 63p.

Edited by Robert I. Rotberg

Regional Focus: The book examines governance and terrorism in theHorn of Africa and Yemen, including countries like Djibouti, Eritrea,Ethiopia, Kenya, Somalia, Sudan, and Yemen.

Terrorism Threat: It discusses thetransnational threat of terrorisminthe region, highlighting the activities of groups like Al Qaeda and theneed for coordinated efforts to combat them.

Governance Issues: The document emphasizes the importance of good governance and political stability in reducing terrorism, suggesting that improved governance can help mitigate the threat.

U.S. Engagement: There are suggestions for more effective U.S.engagement in the region, including diplomatic, intelligence, and military initiatives to support local governments in their fight against terrorism.

World Peace Foundation Brookings Institution Press, 2005, 210 pages

Edited by Ian Shapiro & Lea Brilmayer

Globalization and Justice: The document discusses the impact of globalization on justice, highlighting that globalization has not significantly promoted justice, especially in terms of wealth redistribution.

Cosmopolitanism vs. Nationalism: It explores the debate between cosmopolitanism, which emphasizes individual well-being and global redistribution, and nationalism, which focuses on the autonomy and interests of nation-states.

Special Responsibilities: The text examines the tension between general responsibilities to humanity and special responsibilities to specific groups, suggesting that balancing these is crucial for global justice.

Philosophical Perspectives: Various philosophical arguments are presented, including those by Brian Barry, Debra Satz, and Samuel Scheffler, each offering different views on global justice and the role ofnation-states.

NYU Press, 1999, 122 pages

By Jayne Caudwell

This chapter explores the possibilities of applying a human rights framework to sexual exploitation, sex work and sporting events. Human rights perspectives are emerging as useful ways to interrogate a range of global social injustices. However, defining sexual exploitation is not straightforward. First, I focus on how sexual exploitation and sex work are understood within human rights instruments. Second, I provide a vivid illustration of the trafficking of women for sexual exploitation. Through this case study, I demonstrate the conditions and mechanisms of supply of, and demand for, women for sexual exploitation. Finally, I return to the existing sport-related literature to elucidate the state of current knowledge of sexual exploitation, sex work and international sporting events. In doing so, I highlight the potential of adopting a human rights framework for future feminist research.

In: The Palgrave Handbook of Feminism and Sport, Leisure and Physical Education. 2017. Pp.537-556.

By Alfonso Daniels, Matti Kohonen, Eloy Aroni, Mariama Thiam

Forced labour in the fisheries sector is increasingly being recognised as a widespread human r1 The ILO provides a framework of 11 forced labour crisis. Forced labour is defined by the International Labour Organization (ILO) – the UN agency that sets up labour standards to ensure decent working conditions – as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”0rced labour risk indicators that apply to the fishing sector, including indicators such as debt-bonded labour, and abusive working and living conditions.02

Boston: Financial Transparency Coalition , 2023. 74p.

By Stijn Aerts

Key takeaways 1. Work-related crime refers to all infractions of laws and regulations regarding salary and employment, benefits, taxes and duties. This includes labour exploitation, forced labour, and trafficking in human beings for labour exploitation, as well as all criminal activities that may be related to, or indicative of, these crimes: benefit fraud, tax evasion and money laundering, breaching workplace safety regulations, salary extortion, and so on. 2. Labour exploitation is a particularly harmful crime. First, there is the direct harm (physical, psychological and economic) to victims. Second, exploitation creates unfair competition, having a negative effect on the legal economy and labour market. Third, unfair competition in trade and labour markets, and illegally acquired wealth, may erode trust in institutions and European values. 3. Exploiters make profit through a series of cost-cutting and revenue-generating actions. They save on wages, a safe work environment, taxes and social benefit contributions. Revenue is generated by asking inflated prices for recruitment and housing, by committing different types of benefit fraud, and by out-competing competitors. 4. Offenders use (seemingly) legal business structures and labour mobility options (including posted labour) to create intricate, often international, subcontracting chains that serve to hide illegal activity from plain sight and hamper investigations. 5. There are different prevention strategies, each with their own benefits and disadvantages. Victim-oriented approaches include awareness programmes for potential victims, as well as victim identification and assistance. Buyer-oriented strategies target both personal and corporate buyers, and aim to shrink the market for services and goods produced by exploited labour. Offender-oriented approaches have the objective to create an environment that is risky and unrewarding for offenders to operate in. The latter may be achieved by a mix of criminal justice and administrative probes that benefits from increased information sharing between authorities and across borders.

Brussels: European Crime Prevention Network - EUCPN. 2023. 40p.

By Huyen Pham & Pham Hoang Van.

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, non-signatory law enforcement agencies. Using 18 million traffic stops drawn from the Stanford Open Policing Project, we find that the agreements caused state troopers in North Carolina and South Carolina to stop Hispanic drivers more often than White drivers, in order to funnel them into the intensive immigration screening conducted by signatory LEAs at the shared jails. Because trooper agencies did not sign the agreements, statistical associations between the presence of agreements and the differential treatment of drivers by race are not contaminated by unobserved confounding factors. Our identification of these previously unnoticed spillover effects raises important policy questions about the program’s impact and the adequacy of existing legal and administrative controls.

Arizona Law Review, 2022. 41p.

by Maya Esslemont

In recent years, the concept of ‘modern slavery’ has garnered significant academic, political and media interest. However political momentum, which peaked at the advent of the Modern Slavery Act’s passage in 2015, has now waned.1 Whilst there is some public data on modern slavery referrals, decisions and the characteristics of victims, practitioners still struggle to access reliable evidence on prevention, support, or identification. Inconsistent data access makes it difficult to assess the Government’s performance in addressing the drivers of exploitation or empowering survivors to recover. The influence of ‘data gaps’ cannot be understated. In the course of this research, professionals from a wide range of sectors reported that they have had to reconfigure or completely abandon projects due to a lack of available public data. Interviewees told us that planned work exploring survivors’ access to safe housing, the criminalisation of young victims, homelessness, and survivors’ health outcomes were amongst topics shelved due to a lack of evidence. Journalists told of having to drop reports on individual survivors’ stories, or emerging concerns held by practitioners, in the absence of national statistics.

Yet, where data is published, the output was often described as inaccurate, inconsistent, lacking in detail, or undermined by the bias of data producers’ chosen framing or ‘narratives’. In the absence of modern slavery statistics which meet the needs of practitioners, participants extolled the virtues of Parliamentary Questions (PQs) or Freedom of Information (FOI) requests as forms of evidence gathering (see 3. Requesting data). However, these methods come with challenges. The diminishing quality of data responses, coupled with the dwindling capacity and confidence of practitioners, deter many from asking for evidence in the first place. Through ‘A can of worms’: Challenges and opportunities in gathering modern slavery evidence, After Exploitation evaluates the needs of a diverse range of practitioners who use modern slavery evidence as part of their day-to-day work, alongside a five-person panel of experts with lived experience (the ‘PELE’). Recommendations for improving transparency and public data were shared by practitioners and the panel, and we have grouped data recommendations into six policy areas, explored in order of recommendation frequency: Entitlements and survivor outcomes (n=41); Immigration and enforcement (n=35); Policy monitoring and transparency (n=33), NRM recording (n=32), prevention (n=28) and criminal justice (n=21).

London: After Exploitation, 2024. 82p.

By Cody Corliss

The Article examines the relationship between trafficking and enslavement in light of recent calls from activists to prosecute trafficking as an international crime. Although human trafficking has repeatedly been denounced as "modern slavery," there remains significant distinctions between the crimes of enslavement and trafficking. Enslavement is an international crime that may be prosecuted in international courts and tribunals in addition to national courts. Trafficking, on the other hand, is a transnational crime restricted to domestic courts.

Under certain circumstances, however, trafficking crimes may constitute the crime of enslavement, as the definition of enslavement in the Statute of the International Criminal Court recognizes. Given their overlap, this Article examines the relationship between trafficking and enslavement, utilizing their respective histories of prohibition and criminalization and judgments at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and European Court for Human Rights.

South Carolina Law Review, Vol. 71, No. 3, 2020, WVU College of Law Research Paper No. 2024-008.

Editors:  Rebecca Adami, Anna Kaldal , and  Margareta As

How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.

Leiden: Brill, 2023. 

Edited by Jessica Johnson and Karekwaivanane, George Hamandishe

Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent—their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George Hamandishe Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and postconflict reconciliation. Building on recent work in socio-legal studies that foregrounds justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest. Contributors: Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker.

Athens, OH:: Ohio University Press, 2018.

By Olivier Marie and Paolo Pinotti

The association between immigration and crime has long been a subject of debate, and only recently have we encountered systematic empirical evidence on this issue. Data shows that immigrants, often younger, male, and less educated compared to natives, are disproportionately represented among offenders in numerous host countries. However, existing research, inclusive of our analysis of new international data, consistently indicates that immigration does not significantly impact local crime rates in these countries. Furthermore, recent studies underscore that obtaining legal status diminishes immigrants' involvement in criminal activities. Finally, we discuss potential explanations for the apparent incongruity between immigrants' overrepresentation among offenders and the null effect of immigration on crime rates.

JOURNAL OF ECONOMIC PERSPECTIVES. VOL. 38, NO. 1, WINTER 2024. (pp. 181-200)

By Matthias Lücke , Helena Hahn , Silvia Carta , Martin Ruhs , Mehari Taddele Maru , Paweł Kaczmarczyk , Karolina Łukasiewicz , Marta Pachocka , Tobias Heidland

Recent geopolitical events like Russia’s invasion of Ukraine and the instrumentalisation of migration from Belarus to Poland are re-shaping the EU's migration policy. To build a resilient migration and asylum system, the EU and its member states must find a way to balance ad hoc, crisis-oriented responses with a long-term, strategic approach. This is one of the main findings of the 2022 MEDAM Assessment Report “Refugee protection in the EU: Building resilience to geopolitical conflict”.

This final report concludes the Mercator Dialogue on Asylum and Migration (MEDAM). Launched in 2016, the project aimed to develop concrete proposals to reform EU asylum and migration policy based on in-depth research. The report considers the most recent developments in the European migration system and reflects on how the numerous crises facing the EU influence the negotiations on the New Pact on Migration and Asylum, proposed in 2020, and public perception of migrants and refugees.

As Russia continues to wage war against Ukraine, the report provides an insightful analysis of refugee movements from Ukraine to Europe since February 2022. The authors discuss the effectiveness of the TPD and future challenges that the war's outcome can pose.

The report also considers general, global migration trends. First, it looks more closely at the link between migration and development policies. The report advances the argument that the relation between economic development, foreign aid, and out-migration is a complex one, challenging the widespread belief that better economic conditions encourage migration. The report also explores the preconditions for effective cooperation on migration management with countries of origin and transit, with a particular focus on EU-Africa relations.

Recent geopolitical events have put migration and asylum back at the centre of EU policymaking. Yet, member states are still struggling to find a common, structured and effective response. Finding a way to bridge their deep-seated differences will be vital to ensure that the EU is ready to navigate future crises.

MEDAM Assessment Report . Kiel, Germany: Kiel Institute for the World Economy (IfW) Mercator Dialogue on Asylum and Migration (MEDAM). 2022. 92p.