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 JULIET P. STUMPF 

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of immigration law. This Article explores the significance of crimmigration for the procedural legitimacy of immigration law. Seminal scholars of psychological jurisprudence have concluded that perceptions about procedural justice—whether the law and legal authorities treat people fairly—are often more important than a favorable outcome, such as winning a case or avoiding arrest. Crimmigration introduces procedural deficiencies into immigration law that may undermine people’s perceptions of its legitimacy. These deficiencies, seen through the lens of psychological jurisprudence, mean that individuals and institutions are less likely to trust immigration law and cooperate with immigration authorities. This Article applies specific criteria that jurisprudential psychologists have shown influence perceptions about justice. It predicts that the core procedural deficiencies of crimmigration—which bar access to immigration benefits, undermine procedural safeguards for fair and accurate outcomes, and embed racialization into immigration enforcement—will undermine perceptions about the legitimacy of immigration law. This has important implications for immigration reform. If immigration enforcement lacks procedural justice, any compromise struck with crimmigration at its core will exacerbate public distrust of immigration law.

Arizona Law Review, 2023. 47p.

By Chase Childress, Amy Farrella, Shawn Bhimani, and Kayse Lee Maass

Law enforcement interventions continue to be the primary mechanism used to identify offenders and illicit businesses involved in human trafficking, yet trafficking continues to be a thriving international operation. We explore alternative mechanisms to disrupt illicit operations and reduce victimization through labor trafficking supply chains using supply chain disruption theory. Using a case study approach to examine one federally prosecuted labor trafficking case in the agricultural sector, we (1) extend criminological concepts of disruption by identifying sources and methods of disruption and (2) inform criminal justice system responses by presenting novel methods of assessing effectiveness of anti-human trafficking policies and programs.

Victims & Offenders, 2022. 39p.

 by Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi

The Inter-American Human Rights System (IAHRS) fosters structural transformations throughout the Americas. This collection of analyses builds upon the studies on Ius Constitutionale Commune en América Latina and Latin American transformative constitutionalism to map out both the ground-level human rights impact of the IAHRS and the institutional characteristics that have enabled such fundamental changes in social reality. The volume starts with essays framing the concept and context of IAHRS impact. Then it navigates thematic analyses on specific rights and types of violations that are front and center to the protection of human rights in Latin America. The concluding essays explore whether and how it is possible to optimize the actions of the Inter-American System, indicating possible paths to increase positive human rights impact. The editors contend that the IAHRS victim-centric approach, community of practice, and openness to institutional reinvention have enabled it to create a virtuous cycle that catalyzes human rights in the Americas, furthering democracy and the Rule of Law throughout the continent.

Oxford, UK; New York: Oxford University Press, 2024. 705p.

MAY CONTAIN MARKUP

By Matthew J. Gibney

"The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees" delves deep into the complex intersection of principles, policies, and practices surrounding asylum in liberal democracies. This thought-provoking book meticulously examines the ethical considerations and political dynamics that shape how these nations respond to the plight of refugees. Through a rigorous analysis, the author navigates the intricate terrain of asylum discourse, shedding light on the challenges, contradictions, and possibilities within contemporary asylum systems. A must-read for scholars, policymakers, and anyone seeking a comprehensive understanding of the intricate moral and political dilemmas inherent in the asylum process.

NY. CAMBRIDGE UNIVERSITY PRESS. 2004. 299p.