The Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts tagged deporation
Deportation, Crime, and Victimization

By Sandra V. Rozo , Therese Anders, Steven Raphael

We study whether the forced removal of undocumented immigrants from the United States increases violent crime in Mexican municipalities. Using municipal panel data on homicide rates matched with annual deportation flows from the United States to Mexico, we assess whether municipalities with repatriation points experience higher violent crime with surges in deportation flows. We consistently find that municipalities with greater geographic exposure to deportation flows have higher violent crime. The effects are mostly driven by increments in homicide rates of young males and minors.

GLO Discussion Paper, No. 545. Global Labor Organisation, 2020. 33p.

Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

By Shoba Sivaprasad Wadhia

When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are

  • ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

New York: New York University Press, 2015.

The Criminal Alien Program: Immigration Enforcement in Travis County, Texas

By Andrea Guttin

The Criminal Alien Program (CAP) is a program administered by Immigration and Customs Enforcement (ICE) that screens inmates in prisons and jails, identifies deportable non-citizens, and places them into deportation proceedings. In this Special Report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, author Andrea Guttin, Esq., provides a brief history and background on the CAP program. Guttin also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling.

La Jolla, CA: Immigration Policy Center, 2010. 23p.

States Against Migrants: Deportation in Germany and the United States

By Antje Ellermann

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these cross-national differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

Cambridge, UK; New York: Cambridge University Press, 2009. 214p.