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Posts in Criminal Justice
Features and Expectations of Illegal Immigrants: Result of a field survey in Italy

By M. C. Chiuri, G. De Arcangelis, A. M. D'Uggento and G. Ferri

The Survey on illegal migration in Italy (SIMI henceforth) aims to analyse the phenomenon of clandestines migrating to or through Italy. SIMI contains information concerning the main demographic, economic and social characteristics of a sample of 920 clandestines crossing Italian borders and apprehended during 2003. Individual motivations to migrate, migrants’ intentions to return, their expectations about income at destination and their intended remittance rates are collected within SIMI and discussed in this paper. Evidence generally corroborates the predictions of the pertinent literature on development economics with respect to the decision to migrate. Apprehended illegal migrants expected to earn about 8-10 times their income at home, had they reached final destination. The median cost of the trip is more than a yearly average income. One of the conclusions of the survey is that future migratory flows may be massive, as the interviewees (typically in the mid-20s and with family and friends at home that are ready to join in the future) perceive themselves as frontrunners among nationals in their age cohort.

Italy: CHILD - Centre for Household, Income, Labour and Demographic economics, 2007. 22p.

Irregular Migration, Trafficking and Smuggling of Human Beings: Policy Dilemmas in the EU

Edited by Sergio Carrera and Elspeth Guild

While the current migration and refugee crisis is the most severe that the world has known since the end of the Second World War (with over 60 million refugees worldwide, according to the UNHCR), it may turn into the norm, because the reasons to migrate keep on multiplying. These reasons range from long-lasting political crises, endemic civil wars, atrocities committed against ethnic or religious groups by extremist organisations to the lack of economic development prospects and climate change. The European Union has a duty to welcome some of these people – namely those who need international protection. With over a million irregular migrants crossing its external borders in 2015, the European Union has to engage in a deep reflection on the rationale underpinning its policies on irregular migration and migrant smuggling – and their effects. At such a strenuous time, the challenge before us is “to work closely together in a spirit of solidarity” while the “need to secure Europe’s borders” remains an imperative, to recall President Juncker’s words. Of particular relevance in this framework is the issue of migrant smuggling, or facilitation of irregular entry, stay or transit. Addressing migrant smuggling – located at the intersection of criminal law, which sanctions organised crime, the management of migration and the protection of the fundamental rights of irregular migrants – has become a pressing priority. But the prevention of and fight against migrant smuggling is a complex process, affected by contextual factors, including a high level of economic and social disparity between the EU and several third countries, difficult cooperation with source and transit countries and limited legal migration channels to the EU

Brussels: Center for European Policy Studies (CEPS), 2016. 112p.

The Security Sector Governance–Migration Nexus: Rethinking how Security Sector Governance matters for migrants’ rights

By Sarah Wolff

The main argument is that improving migrants’ rights and conceptual linkages between SSG/R and migration is best achieved, by decentring our gaze, namely going beyond the ‘national’ and ‘state-centric’ view that characterizes traditionally SSG/R and to consider the agency of both migrants and SSR actors. First from a migrants’ perspective, it is key for SSR actors to go beyond traditional legal classifications and to consider the diversity of personal situations that involve refugees, stranded migrants and asylum seekers, which might endorse different roles at different times of their journeys and lives. Second, the transnational nature of migration calls for a transnationalization of SSG/R too. For too long the concept has mostly been applied within the national setting of SSR institutions and actors. Migration calls for a clear decentring that involves a transnational dimension and more work among transnational actors and policymakers to facilitate a norm transfer from the domestic to the interstate and international level. As such, the ‘transnational’ nature of migration and its governance needs to be ‘domesticated’ within the national context in order to change the mindset of SSG/R actors and institutions. More importantly, the paper argues that poor SSG/R at home produces refugees and incentivizes migrants to leave their countries after being victims of violence by law enforcement and security services. During migrants’ complex and fragmented journeys, good security sector governance is fundamental to address key challenges faced by these vulnerable groups. I also argue that a better understanding of migrants’ and refugees’ security needs is beneficial and central to the good governance of the security sector. After reviewing the key terms of migration and its drivers in section 2, section 3 reviews how SSG is part of the implementation of the GCM. SSR actors play a role in shaping migratory routes and refugees’ incentives to leave, in explaining migrants’ and refugees’ resilience, in protecting migrants and refugees, and in providing security. Although it cautions against artificial classifications and the term of ‘transit migration’, section 4 reviews what the core challenges are in the countries of origin, transit and destination. Section 5 provides a detailed overview of the linkages between migration and each security actor: the military, police forces, intelligence services, border guards, interior ministries, private actors, criminal justice, parliaments, independent oversight bodies and civil society. Section 6 formulates some recommendations.

London: Ubiquity Press, 2021. 80p.

Mediated Bordering: Eurosur, the Refugee Boat, and the Construction of an External EU Border

By Ellebrecht, Sabrina

The external border of the EU remains under permanent construction. Sabrina Ellebrecht engages with two of its primary building sites – the European Border Surveillance System (Eurosur) and the Refugee Boat. She analyzes how the function and quality of the EU's current political border is crafted, shaped, produced and eventually stabilized through these two mediators. Eurosur and the Refugee Boat mediate a level of Europeanization which has hitherto – and would otherwise have – been impossible. While Eurosur mobilizes the limits of border policing in various ways, the Refugee Boat functions as the vacillating European Other to legitimize both control and humanitarian interventions. The study shows the specific, if not constitutive, ambivalences of EU border policies, and explores the emergence of viapolitics.

Bielefeld: transcript Verlag, 2020. 321p.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Edited By Mark Gibney, Gamze Erdem Türkelli, Markus Krajewski, Wouter Vandenhole

"The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration."

London; New York: Routledge, 2022. 500p.

Dismantling Detention: International Alternatives to Detaining Immigrants

By Human Rights Watch

As the harmful effects of immigration detention become more widely known and the appropriateness of detaining migrants is increasingly questioned, governments are looking at alternatives to detention as more humane and rights-respecting approaches to addressing the management of migrants and asylum seekers with unsettled legal status. This report examines alternatives to immigration detention in six countries: Bulgaria, Canada, Republic of Cyprus, Spain, the United Kingdom, and the United States to highlight viable, successful alternatives that countries should implement before resorting to detention. While the report provides an analysis of specific alternatives to detention (often referred to as ATDs) in each country, it is not intended to provide a comprehensive overview of all alternative programs available.

Each country featured in this report has taken a different approach to alternatives to detention. Some focus more heavily on surveillance and others on a more person-centered, holistic approach. Ultimately, this report finds alternatives that place the basic needs and dignity of migrants at the forefront of policy, such as community-based case management programs, offer a rights-respecting alternative to detention while simultaneously furthering governments’ legitimate immigration enforcement aims.

New York: HRW, 2021. 103p.

“Their Faces Were Covered”: Greece’s Use of Migrants as Police Auxiliaries in Pushbacks

By Human Rights Watch

The 29-page report “‘Their Faces Were Covered’: Greece’s Use of Migrants as Police Auxiliaries in Pushbacks,” found that Greek police are detaining asylum seekers at the Greece-Turkey land border at the Evros River, in many cases stripping them of most of their clothing and stealing their money, phones, and other possess

New York: HRW, 2022. 42p.

Trans-Mexican Migration: a Case of Structural Violence

By Felipe Jácome

This paper argues that the violence experienced by migrants crossing Mexico in their way to the United States needs to be understood as a case of structural violence. Based on several months of field work conducted along the migrant route in Mexico, the paper emphasizes that trans-Mexican migrants suffer not only from forms of direct violence such as beatings, kidnappings, and rape, but also endure great suffering from expressions of indirect violence such as poverty, hunger, marginalization, and health threats. Addressing trans-Mexican migration as a case of structural violence is also crucial in grasping the complex dynamics that characterize this violence, including the impunity and systematization of violence, and the social forces, policies, and institutions that perpetuate it.

Washington, DC: Georgetown University, Center for Latin American Studies, 2008. 38p.

Irregular Migrants in Belgium and the Netherlands

By Masja van Meeteren

In 'Irregular Migrants in Belgium and the Netherlands', Masja van Meeteren studies the different ways in which irregular migrants live in Belgium and the Netherlands. The book offers an empirically grounded theoretical critique of the dominant research practice that focuses on 'survival strategies', relies on comparisons of migrant communities and overemphasizes structural explanations. Instead, Irregular Migrants takes irregular migrants´ aspirations as a starting point of analysis. Based on this innovative research approach, key questions are answered regarding the lives of irregular migrants. How can we understand their patterns of economic and social incorporation, the transnational activities they engage in, and the significance of different forms of capital? Drawing on intensive participant observation, as well as more than two hundred in-depth interviews with irregular migrants and representatives of organizations that are involved with them, Irregular Migrants develops much-needed contextualized insights. As such, it sheds new light on previous research findings and various deadlocked scholarly debates on irregular migrants in Western societies.

IMSCOE Research. Amsterdam University Press. 2014. 250p

The Governance of International Migration: Irregular Migrants' Access to Right to Stay in Turkey and Morocco.

By Aysen Ustubici

As concern about immigration has grown within Europe in recent years, the European Union has brought pressure to bear on countries that are allegedly not sufficiently governing irregular migration with and within their borders. This book looks at that issue in Turkey and Morocco, showing how it affects migrants in these territories, and how migrant illegality has been produced by law, practiced and negotiated by the state, other civil society actors, and by migrants themselves. Ayen Üstübici focuses on a number of different aspects of migrant illegality, such as experiences of deportation, participation in economic life, and access to health care and education, in order to reveal migrants' strategies and the various ways they seek to legitimise their stay.

Amsterdam: Amsterdam University Press, 2018. 249p.

Migrant Protest: Interactive Dynamics in Precarious Mobilizations

By Steinhilper, Elias

Migrant protest has proliferated worldwide in the last two decades, explicitly posing questions of identity, rights, and equality in a globalized world. Nonetheless, such mobilizations are considered anomalies in social movement studies, and political sociology more broadly, due to 'weak interests' and a particularly disadvantageous position of 'outsiders' to claim rights connected to citizenship. In an attempt to address this seeming paradox, this book explores the interactions and spaces shaping the emergence, trajectory, and fragmentation of migrant protest in unfavourable contexts of marginalization. Such a perspective unveils both the odds of precarious mobilizations, and the ways they can be temporarily overcome. While adopting the encompassing terminology of 'migrant', the book focuses on precarious migrants, including both asylum seekers and 'illegalized' migrants.

Amsterdam: Amsterdam University Press, 2021. 205p.

Safe Migration and the Politics of Brokered Safety in Southeast Asia

By Sverre Molland

The book investigates how the United Nations, governments, and aid agencies mobilise and instrumentalise migration policies and programmes through a discourse of safe migration. Since the early 2000s, numerous non-governmental organizations (NGOs), UN agencies, and governments have warmed to the concept of safe migration, often within a context of anti-trafficking interventions. Yet, both the policy-enthusiasm for safety, as well as how safe migration comes into being through policies and programs remain unexplored. Based on seven years of ethnographic fieldwork in the Mekong region, this is the first book that traces the emergence of safe migration, why certain aid actors gravitate towards the concept, as well as how safe migration policies and programmes unfold through aid agencies and government bodies. The book argues that safe migration is best understood as brokered safety. Although safe migration policy interventions attempt to formalize pre-emptive and protective measures to enhance labour migrants’ well-being, the book shows through vivid ethnographic details how formal migration assistance in itself depends on – and produces – informal and mediated practices. The book offers unprecedented insights into what safe migration policies look like in practice. It is an innovate contribution to contemporary theorizing of contemporary forms of migration governance and will be of interest to sociologists, anthropologists, political scientists, and human geographers working within the fields of Migration studies, Development Studies, as well as Southeast Asian and Global Studies.

London; New York: Routledge, 2022. 229p.

Strengthening Protections Against Trafficking in Persons in Federal and Corporate Supply Chains

By Verité

More than twenty million men, women and children around the world are currently believed to be victims of human trafficking, a global criminal industry estimated to be worth $150.2 billion annually. As defined in the US Department of State’s 2014 Trafficking in Persons Report (TIP Report), the terms “trafficking in persons” and “human trafficking” refer broadly to “the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion,” irrespective of whether the person has been moved from one location to another. Trafficking in persons includes practices such as coerced sex work by adults or children, forced labor, bonded labor or debt bondage, involuntary domestic servitude, forced child labor, and the recruitment and use of child soldiers. Many different factors indicate that an individual may be in a situation of trafficking. Among the most clear-cut indicators are the experience of coercive or deceptive recruitment, restricted freedom of movement, retention of identity documents by employers, withholding of wages, debt bondage, abusive working and living conditions, forced overtime, isolation, and physical or sexual violence. The United States Government is broadly committed to combating trafficking in persons, as guided by the Trafficking Victims Protection Act (TVPA) of 2000, and the UN Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. In September 2012, the United States took an unprecedented step in the fight against human trafficking with the release of a presidential executive order (EO) entitled “Strengthening Protections Against Trafficking in Persons in Federal Contracts.” In issuing this EO, the White House acknowledged that “as the largest single purchaser of goods and services in the world, the US Government has a responsibility to combat human trafficking at home and abroad, and to ensure American tax dollars do not contribute to this affront to human dignity.” The EO prohibits human trafficking activities not just by federal prime contractors, but also by their employees, subcontractors, and subcontractor employees. Subsequent amendments to the Federal Acquisition Regulation (FAR) and the Defense Acquisition Regulations System (DFARS) in the wake of the EO will affect a broad range of federal contracts, and will require scrutiny by prime contractors of subcontractor labor practices to a degree that has not previously been commonplace. Top level contractors will now need to look actively at the labor practices of their subcontractors and suppliers, and to consider the labor involved in production of inputs even at the lowest tiers of their supply chains.

Amherst, MA: Verité , 2017. 355p.

Residence Permits, International Protection and Victims of Human Trafficking: Durable Solutions Grounded in International Law

by Johanna Schlintl, Liliana Sorrentino

This report has been developed in the framework of the Project REST, which aims to strengthen the rights to residence and international protection for third-country nationals trafficked in Europe, by examining promising practices, gaps and challenges in their actual access to these rights.

The objective of this report is to explore avenues and challenges, in order to secure a durable solution for trafficked persons in terms of long-term residence and access to socio-economic rights, including the right to work. Trafficked persons’ access to long-term or permanent residence is an integral part of their right to effective remedies. Securing a long-term residence for trafficked persons is one way to guarantee their dignity and foster their access to justice. A durable solution in terms of residence provides trafficked person with a foundation for safety and stability, and hope for a future perspective.

The report puts centre stage the protection of the rights of trafficked persons. It emphasises that they are bearers of rights as women, men, children, victims of crime, victims of gender-based violence, refugees, asylum seekers and migrant workers. It underlines in particular the rights and protection needs of trafficked persons with regard to access to residence and to international protection. It intends to show how integrating and combining protection under the human rights, asylum and anti-trafficking regimes can contribute to strengthening the overall protection of the rights of trafficked persons, and enhance the prospects of long-term residence and the access to durable solutions. To this end, the report analyses the international and European legal framework on access to residence permits and to international protection for trafficked persons.

Vienna: Interventionsstelle für Betroffene des Frauenhandels (LEFÖ-IBF) . 2021. 108p.

Borderline Justice

By Frances Webber.

The Fight for Refugee and Migrant Rights. Borderline Justice describes the exclusionary policies, inhumane decisions and obstacles to justice for refugees and migrants in the British legal system. Frances Webber, a long-standing legal practitioner, reveals how the law has been (mis)applied to migrants, refugees and other ‘unpopular minorities’. This book records some of the key legal struggles of the past thirty years which have sought to preserve values of universality in human rights - and the importance of continuing to fight for those values, inside and outside the courtroom. The themes and analysis cross boundaries of law, politics, sociology, criminology, refugee studies and terrorism studies, appealing to the radical tradition in all these disciplines.

London: Pluto Books, 2012. 257p.

Border Deaths

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.

Whence They Came: Deportation from Canada 1900 - 1935

By Barbara Roberts.

Until recently, immigration policy was largely in the hands of a small group of bureaucrats, who strove desperately to fend off “offensive” peoples. Barbara Roberts explores these government officials, showing how they not only kept the doors closed but also managed to find a way to get rid of some of those who managed to break through their carefully guarded barriers. Robert’s important book explores a dark history with an honest and objective style.

Ottawa: University of Ottawa Press, 1988. 264p.

Migration Borders Freedom

By Harald Bauder.

International borders have become deadly barriers of a proportion rivaled only by war or natural disaster. Yet despite the damage created by borders, most people can’t – or don’t want to – imagine a world without them. What alternatives do we have to prevent the deadly results of contemporary borders? In today’s world, national citizenship determines a person’s ability to migrate across borders. Migration Borders Freedom questions that premise. Recognizing the magnitude of deaths occurring at contemporary borders worldwide, the book problematizes the concept of the border and develops arguments for open borders and a world without borders. It explores alternative possibilities, ranging from the practical to the utopian, that link migration with ideas of community, citizenship, and belonging. The author calls into question the conventional political imagination that assumes migration and citizenship to be responsibilities of nation states, rather than cities. While the book draws on the theoretical work of thinkers such as Ernst Bloch, David Harvey, and Henry Lefebvre, it also presents international empirical examples of policies and practices on migration and claims of belonging. In this way, the book equips the reader with the practical and conceptual tools for political action, activist practice, and scholarly engagement to achieve greater justice for people who are on the move.

Boca Raton, FL: CRC Press, 2016. 150p.

Go home?: The politics of immigration controversies

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.

Looking for Loopholes

By Joanne van der Leun.

Processes of Incorporation of Illegal Immigrants in the Netherlands. Governmental policies on irregular or illegal immigration are notorious for their ambiguities, as even a superficial glance at public discussions on the issue in the Netherlands can illustrate. Contentions that illegal or undocumented immigrants1 are not entitled to medical care alternate with messages that everybody who needs medical treatment of any kind should receive it. Representatives of municipalities openly back local initiatives to support illegal immigrants, while at the same time the national government emphasises that illegal immigrants are utterly responsible for themselves. Public assertions that there will be no regularisation schemes in the Netherlands are followed by a series of amnesties for semi-integrated ‘white illegals’. These few out of many examples illustrate that societal reactions to illegal immigration, and the presence of unauthorised immigrants are anything but clear-cut. Officially, the political aim is to put an end to the issue by implementing a sound and coherent ‘discouragement policy’ or ontmoedigingsbeleid. Comparable sets of policy measures are introduced all over the European Union, which is frequently depicted as ‘fortress Europe’. Yet in the meantime, the presence of illegal immigrants has become a common feature of many advanced states, including those that did not perceive themselves as countries of immigration for a long time.

Amsterdam: Amsterdam University Press, 2003. 231p.