Edited by Kimberly Gauderman

This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, and sociology have regularly supported the work of immigration lawyers and contributed to public debates on immigration reform, but the academy contains untapped scholarly expertise that, guided by the resources provided in this handbook, can aid asylum seekers and refugees and promote the fair adjudication of asylum claims in US courts. As the recent refugee crisis of immigrant mothers and children and unaccompanied minors has made clear, there is an urgent need for academics to work with other professionals to build a legal framework and national network that can respond effectively to this human rights crisis.

Oakland, CA: University of California Press, 2023. 211p.

By Daniela Alulema and Jacquelyn Pavilon

New York City is a “welcoming city” that encourages “all New Yorkers regardless of immigration status” to access the public benefits and services for which they qualify (NYC Mayor’s Office of Immigrant Affairs or “MOIA” 2021a). Moreover, it invests significant resources in educating immigrant communities on this core commitment and its lack of participation in federal immigration enforcement activities. However, this report by the Center for Migration Studies of New York (CMS) finds that immigrants in New York City still face significant barriers to accessing public benefits and services.

The report is based on CMS research that examined immigrant fear and other barriers in three general areas: the use of public benefits, with a particular focus on the public charge rule; the use of public health services; and access to law enforcement and the courts. The report documents how Trump-era immigration policies perpetuated fear among immigrant communities, in the context of other barriers to accessing services and benefits, and why its detrimental impacts have persisted and outlived the Trump administration.

The research included semi-structured interviews with 75 immigrants across all five boroughs of New York City and two focus groups with immigrants in both English and Spanish. The interviews documented the prevalence and impact of fear and other factors that impede (and facilitate) immigrants’ use of public benefits and services. The respondents were from 30 countries across all regions of the world and had varied legal statuses and lengths of stay in the United States. The CMS research team also interviewed 16 social service providers from community-based organizations (CBOs) and New York City agencies, including the Department of Health and Mental Hygiene (NYC DOHMH) and the Human Resources Administration/Department of Social Services (HRA), and eight healthcare providers and social workers from the city’s public hospital system, NYC Health + Hospitals, who worked with immigrants across the city.

The project ran from January 2020 through October 2021, spanning most of the last year of the Trump administration and most of the first year of the Biden administration. Data collection started in November 2020 and extended through the COVID-19 vaccine rollout starting in spring 2021. The report finds that Trump-era anti-immigrant rhetoric and immigration policies, including aggressive enforcement tactics and a new rule on the public charge ground of inadmissibility, exacerbated long-standing fear pertaining to lack of status, family separation, detention, and deportation. The COVID-19 pandemic has further increased the need for services and assistance for all New Yorkers, including immigrants.

The report also finds that the change in administration, the widespread recognition of the essential work of immigrants in response to COVID-19, and the pandemic’s disproportionate impact on immigrant and minority communities did not eliminate immigrants’ fear or other barriers to accessing public benefits and protection in one of the most immigrant-welcoming communities in the country. Misinformation, language barriers, culturally-rooted concerns, and discrimination continued to impede immigrants from coming forward for needed services and benefits for which they or their family members are qualified. As one immigrant explained: Yes, I’m aware the public charge act has been rescinded by the Biden administration, but people still think it is not safe. People will tell you, ‘Yes, but you never know when [the rule could] come back.’ They say they don’t want to jeopardize their chances of bringing their children, so they want to focus on the bigger picture as opposed to some money.

The report finds that while government agencies, hospitals, and CBOs have all taken steps to minimize gaps in service provision and to mitigate immigrants’ fear, more can and should be done. It offers the following top-line findings, supplemented by additional findings in the body of the report:

The Public Charge Rule and Immigrants’ Concerns on the Use of Public Benefits

Many respondents underutilized benefits for which they were eligible due to fears pertaining to immigration status, family separation, detention, and deportation. For example, a service provider recounted a case in which a mother feared that her US citizen children would be negatively impacted in the future for having used food stamps: She’s an immigrant. It’s her husband and her, and [her] two American citizen [children]. The husband died due to COVID. When she applied [for food stamps,] she really didn’t want to apply. She was under the impression that also her kids are going to be penalized and they’re going to have to pay this back when they grow up. Because she doesn’t have any status, she was afraid. If she want[ed] to apply, she could, for the kids. … I had mentioned to her [what] the requirements [were], which [were] proof of income and address, and she said that she will get a letter from the employer, because that’s part of the requirements. When she asked for the letter, she got fired. She was just so devastated, because she was at her wit’s end. I called her, and she said, no, she didn’t want to be bothered. She was just so frustrated and devastated, and she just let it go.

Trump administration policies and rhetoric led immigrants to increase their efforts to secure a safer immigration status, including citizenship, and obtain identification documents for themselves and their children. The study found that service providers had to step out of their regular roles to provide the services that the immigrant community needed. In the midst of an unprecedented public health crisis, for example, hospital workers were also helping to fill out patients’ citizenship applications.

Context and location strongly influenced the comfort level of immigrants in sharing information which would allow them to access benefits and services. Many immigrants feared sharing identifying information in government buildings, but not as much in other settings or online.

Large numbers of respondents feared the use of public benefits, including by their US citizen children, due to misinformation about the impact of the new public charge rule on their ability and the ability of family members to secure legal status or permanent residence. Social media has made it easier to spread incomplete information or misinformation about the presence of Immigration and Customs Enforcement (ICE) in local neighborhoods, as well as about the details of the public charge rule........

New York: Center for Migration Studies, 2022. 69p.

By Michele Waslin

This article examines presidential immigration policy making through executive orders (EOs) and proclamations. Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. His immigration-related EOs and proclamations, however, diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, Trump has issued 10 and nine, respectively. Overall, about 1 percent of all EOs and proclamations during this period have been immigration related, compared to 8 percent of Trump’s EOs and 2.4 percent of Trump’s proclamations.

In a sharp departure from previous presidents, a greater share of his EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that:

• Congress should hold oversight hearings and should consider revoking or modifying EOs and proclamations that have been issued pursuant to the authority provided to the president by Congress, as opposed to those based on the executive’s constitutional authority.

• Advocacy organizations should continue to challenge the president’s executive actions, the insufficient process and consultation leading to them, their statutory or constitutional justification, and their impact.

• Congress should take an inventory of the immigration authorities it has delegated, both explicitly and implicitly, to the executive branch and determine when this authority can and should be limited.

• Congress should pass legislation to update and reform the US immigration system, and thus clarify its intentions regarding US immigration law, policy, and executive authority in this area.

Journal on Migration and Human SecurityVolume 8, Issue 1, March 2020, Pages 54-67

By Melanie Gower, Georgina Sturge 

The Home Secretary has a duty to make a deportation order in respect of nonBritish or Irish citizens who have been convicted of an offence in the UK and sentenced to at least 12 months’ imprisonment, unless certain exceptions apply. He also has discretionary powers to deport non-British citizens if he considers it to be “conducive to the public good”. Deportation of foreign national offenders is a longstanding government priority. The Home Office considers for deportation all foreign nationals convicted of a crime in the UK and given a prison sentence. Foreign national offenders can be removed from the country before the end of their prison sentence by way of a prisoner transfer agreement, or through the Early Removal Scheme or Tariff-Expired Removal Scheme. They can receive money to help them to resettle in their home country through the Facilitated Return Scheme. As of the end of June 2023, there were at least 10,321 foreign nationals in prison in England and Wales, out of a total prison population of 85,851. Over half of foreign prisoners were European and, overall, the most common nationalities were Albanian, Polish, Romanian, Irish, and Jamaican. There were 11,769 foreign national offenders subject to deportation action living in the community, as of 30 September 2022.

A report of an inspection by the Chief Inspector of Borders and Immigration published in June 2023 was critical of the Home Office’s handling of foreign national offender cases. It found that the Early Removal Scheme and the Facilitated Return Scheme were not being administered effectively. The Government says it has made good progress removing foreign national offenders from prisons and the community, pointing to a 19% increase in overall foreign national offender returns in the 12-month period to September 2023 (3,577 people). Up until that point, the number of foreign national offenders returned on an annual basis had been falling since 2016, when 6,437 individuals were returned. 

London: UK Parliament, The House of Commons Library , 2024. 11p

Edited by Jussi P. Laine , Daniel Rauhut , and Marika Gruber

Focusing on the social impact of migration, this book explores migration as an inevitable part of rural development and transition in light of the sharp political divides in European and national political arenas on the topic. It provides an innovative immigration impact assessment based on recently conducted empirical work to enhance local development in European rural and remote regions, looking to promote change in the perception of migration and related policies and practices.

Cheltenham, UK; Northampton, MA: Edward Elgar, 2023. 274p.

By the Asylum Seeker Resource Centre

The release of this report marks ten years since Australian Prime Minister, Kevin Rudd, made the choice to send over 3000 men, women and children who sought asylum by sea to offshore detention centres and deny them permanent resettlement. The report touches on the stories of seven people subjected to offshore detention since July 19, 2013. The people interviewed and the Asylum Seeker Resource Centre call for the immediate evacuation of the 80 people remaining in Papua New Guinea (PNG), permanent resettlement for all, and a Royal Commission into offshore detention. The Albanese Government evacuated refugees from Nauru. However, people are still trapped in PNG and thousands have been denied the ability to rebuild their lives in Australia.

Footscray VIC : ASRC, 2023. 29p.

Edited by Matthew J Gibney and Randall Hansen

Immigration and Asylum: From 1900 to the Present is an introduction to the key concepts, terms, personalities, and real-world issues associated with the surge of immigration from the beginning of the 20th century to the present. It focuses on the United States, but is also the first encyclopedic work on the subject that reflects a truly global perspective. With contributions from the world's foremost authorities on the subject, Immigration and Asylum offers nearly 200 entries organized around four themes: immigration and asylum; the major migrating groups around the world; expulsions and other forced population movements; and the politics of migration. In addition to basic entries, the work includes in-depth essays on important trends, events, and current conditions.

Santa Barbara, CA:: ABC-CLIO Press, 2005. 3vols. (1095p.)

Edited by Paolo Cuttitta, and Tamara Last.

Causes, Dynamics and Consequences of Migration-related Mortality. A 2018 report by two non-governmental organizations (NGOs) revealed that US Border Patrol agents ‘routinely intimidate, harass, and surveil humanitarian-aid volunteers, thus impeding the administration of humanitarian aid’ along the US-Mexico border. Furthermore, they ‘stab, stomp, kick, drain, and confiscate the bottles of water that humanitarian-aid volunteers leave along known migrant routes’ (La Coalición de Derechos Humanos and No More Deaths 2018). More broadly, through the criminalization of humanitarian assistance and the ‘weaponization’ of the terrain, US authorities make themselves responsible for the suffering, death and disappearance of many people (Morgan-Olsen 2018; Osuna 2018). On the other hand, Border Patrol agents often carry out rescue operations to save migrants, which – they argue – demonstrates ‘their dedication in protecting human life’ (U.S. Customs and Border Protection 2019). They are presented as true humanitarians (Price 2018). According to US President Donald Trump, the problem of border deaths can only be solved with more border control. ‘Border Patrol needs the Wall and it will all end’ was his comment on the death of two children occurred shortly after their crossing from Mexico (Tatum 2018)

Amsterdam: Amsterdam University Press, 2019. 175p.

Edited by Hannah Jones, Yasmin Gunaratnam, Gargi Bhattacharyya, William Davies, Sukhwant Dhaliwal, Kirsten Forkert, Emma Jackson, and Roiyah Saltus.

In July 2013, the UK government arranged for a van to drive through parts of London carrying the message 'In the UK illegally? GO HOME or face arrest.' This book tells the story of what happened next. The vans were short-lived, but they were part of an ongoing trend in government-sponsored communication designed to demonstrate toughness on immigration. The authors set out to explore the effects of such performances: on policy, on public debate, on pro-migrant and anti-racist activism, and on the everyday lives of people in Britain. This book presents their findings, and provides insights into the practice of conducting research on such a charged and sensitive topic.

Manchester, UK: Manchester University Press, 2017. 204p.

By Peter Higgins.

The title of this book signifies that immigration policy is not a matter of ethics (understood to refer to the moral analysis of individual action and character), but is rather a matter of justice, and more precisely, structural justice. A central contention of this book is that the justice of an immigration policy can be ascertained only through consideration of the pervasive, systematic, and unjust inequalities engendered by the institutions that constitute our social world. This is because immigration policies affect people not as individuals per se, but as members of social groups that are brought into existence by the ways in which formal rules, informal norms, and stable practices (that is, social institutions) unequally distribute opportunities among those implicated in them. That is to say, the way an immigration policy affects a person is not idiosyncratic, but rather is a function of that person’s gender, race, economic class, sexuality, ability, age, and citizenship status, among other things. What I am asserting here, but will argue for throughout this book, is that one cannot wholly determine whether or not an immigration policy is just in our social world, given its present nature, unless one’s principles for making such assessments treat gender, race, economic class, sexuality, and so on, as salient categories of analysis.

Edinburgh: Edinburgh University Press, 2013. 281p.

by Sasha Costanza-Chock.

Transmedia Organizing and the Immigrant Rights Movement.. From the Foreword: “A key issue in this often blurred debate is the role of communication technologies in the formation, organization, and development of the movements. Throughout history, communication has been central to the existence of social movements, which develop beyond the realm of institutionalized channels for the expression of popular demands. It is only by communicating with others that outraged people are able to recognize their collective power before those who control access to the institutions..”

Creative Commons (2014) 295p.