By Sean Kennedy, Jason Richwine, and Steven A. Camarota

Activists and academics have been misusing data from the Texas Department of Public Safety (DPS) in studies claiming that illegal immigrants have relatively low crime rates. These studies do not appreciate that it can take years for Texas to identify convicts as illegal immigrants while they are in custody. As a result, the studies misclassify as native-born a significant number of offenders who are later identified as illegal immigrants.

New York: Center for immigration Studies, 2022. 5p.

By Transnational Records Access Clearinghouse

In this report, TRAC examines the growth of ATD during the first year of the Biden administration using detailed data obtained from ICE through Freedom of Information Act (FOIA) requests. These data on ICE’s ATD program are not the most current. As TRAC recently announced, by the end of September 2022 the number of people in ATD exceeded 300,000 for the first time. Nonetheless, the data in this report provide a far more detailed picture than ICE’s regular ATD releases.

Syracuse, NY: Transactional Records Access Clearinghouse, 2022.

By Organization for Security and Co-operation in Europe, Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings

The publication takes stock of technology tools and initiatives developed to combat trafficking in human beings in its different forms in the OSCE area and beyond. It also examines the ways technology can be misused to facilitate trafficking in human beings. It is the first known publication to conduct a global analysis of how different stakeholders, including law enforcement, civil society, businesses and academia can take advantage of technology to advance the fight against the human trafficking crime. The publication also provides recommendations to governments and organizations funding technology projects on how to maximize the value of technology-based solutions.

Vienna: Organization for Security and Co-operation in Europe, 2020. 78p.

By Hiroshi Motomura

In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?"

Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.

Oxford, UK: New York: Oxford University Press, 2014 . 360p.

By Chisato Yoshida and Alan D. Woodland

This book is an extensive review of the current state of illegal immigration in Europe and North America whilst providing theoretical analysis. This analysis models illegal immigration in a two-country framework, highlights the inter-related labour markets and considers a range of immigration policy instruments, including border patrols and employer surveillance and sanctions. Distinguishing between scenarios with and without the international mobility of capital, this book also examines various profit-sharing arrangements.

Houndmills, Basingstoke: Palgrave Macmillan, 2005. 201p.

By Mary Bosworth

On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centers alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified

Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centers. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization.

Based on fieldwork conducted in six immigration removal centers (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centers identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavor, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality.

However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions are inherent in concrete relationships.

Oxford, UK: Oxford University Press, 2014. 283p.

By Peter Higgins

What moral standards ought nation-states abide by when selecting immigration policies? Peter Higgins argues that immigration policies can only be judged by considering the inequalities that are produced by the institutions - such as gender, race and class - that constitute our social world.Higgins challenges conventional positions on immigration justice, including the view that states have a right to choose whatever immigration policies they like, or that all immigration restrictions ought to be eliminated and borders opened. Rather than suggesting one absolute solution, he argues that a unique set of immigration policies will be just for each country. He concludes with concrete recommendations for policy-making.

Edinburgh: Edinburgh University Press, 2013. 281p.

By Kristina Beckman

Beckman applies linguistic theory to a single, actual court case. The case, U. S. v. L. Kong (CR00-0956-TUC-RCC), involves a licensed gun dealer who was charged with illegally selling weapons. His defense was that his abilities in English his first language is Chinese were not sufficient to understand some of the minor points of law. Therefore, there was no intent on his part to disobey the law and his actions were simply the result of a misunderstanding. This book examines his claim through applied forensic linguistic techniques. While a single text serves as the foundation for discussion, other representative cases are also included. Readers follow how a forensic linguist approaches a real case. Beckman's book offers a clear understanding of both the theory and practical application behind forensic linguistic research.

New York: LFB Scholarly Publishing , 2007. 212p.

By Galina Cornelisse

Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Leiden: Martinus Nijhoff Publishers, 2010. 403p.

Edited by Maria João Guia, Robert Koulish, Valsamis Mitsilegas

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants.

In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Cham: Springer, 2016. 293p.

By Ivan Y. Sun and Yuning Wu

This book discusses the issues surrounding race, ethnicity, and immigrant status in U.S. policing, with a special focus on immigrant groups’ perceptions of the police and factors that shape their attitudes toward the police. It focuses on the perceptions of three rapidly growing yet understudied ethnic groups – Hispanic/Latino, Chinese, and Arab Americans. Discussion of their perceptions of and experience with the police revolves around several central themes, including theoretical frameworks, historical developments, contemporary perceptions, and emerging challenges. This book appeals to those interested in or researching policing, race relations, and immigration in society, and to domestic and foreign government officials who carry law enforcement responsibilities and deal with citizens and immigrants in particular.

Palgrave, 2018. 195p.

By Brynn O'Brien

Australia sends asylum seekers to offshore camps where they are detained indefinitely and subjected to well documented abuses, in violation of their human rights.

The Australian Government outsources the operations at the camps, and Spanish company Ferrovial has responsibility for the system’s largest operational contracts, through its wholly-owned subsidiary, Broadspectrum. Investors in Ferrovial, including the Norwegian Pension Fund, are exposed to the significant risks of association with human rights abuse.

Canberra: Australia Institute, 2016. 29p.

By Alex Nowrasteh, Andrew C. Forrester and Michelangelo Landgrave

Donald J. Trump launched his candidacy for the Republican presidential nomination in June 2015 by comments on illegal immigrants and the crime they commit in the United States. “When Mexico sends its people, they’re not sending their best. They’re not sending you. They’re not sending you,” he said. “They’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs, they’re bringing crime, they’re rapists, and some, I assume, are good people.”1 A few weeks after Trump’s announcement, 32- year-old Kate Steinle was shot and killed by an illegal immigrant Jos´e Inez Garc´ıa Z´arate in San Francisco, California. Although Z´arate was later acquitted of all murder and manslaughter charges due to mistakes made by the prosecutor, his shooting of Steinle seemed to support Trump’s worry about illegal immigrants causing a crime spree and helped win him the election in 2016. As tragic as the shooting and death of Kate Steinle was, it was one of the 13,455 murders that year in the United States and it does not tell us how many of those victims were murdered by illegal immigrants.2 The most important measure that matters when judging the crime rates of illegal immigrants is how likely they are to be criminals compared to other sub-populations. If illegal immigrants are more likely to be criminals then their presence in the United States would raise crime rates, supporting Trump’s assertions. But if illegal immigrants are less likely to commit crime then they would lower the nationwide crime rate. Politically, this debate spills over to evaluating whether domestic immigration enforcement policies reduce crime. Illegal immigrant crime is also central to the debate over sanctuary jurisdictions that refuse to turn over many illegal immigrants to Immigration and Customs Enforcement, the effects of a border wall, and whether Border Patrol requires more resources to counter crime along the border. Answering whether illegal immigrants are particularly crime prone is essential to addressing these concerns and setting efficient anti-crime policies.

Washington, DC: Cato Institute, 2020. 30p.

By Walter A. Ewing, Daniel E. Martinez and Rubén G. Rumbaut

For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime. This holds true for both legal immigrants and the unauthorized, regardless of their country of origin or level of education. In other words, the overwhelming majority of immigrants are not “criminals” by any commonly accepted definition of the term. For this reason, harsh immigration policies are not effective in fighting crime. Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence. As a result, immigrants have the stigma of “criminality” ascribed to them by an ever-evolving assortment of laws and immigration-enforcement mechanisms. Put differently, immigrants are being defined more and more as threats. Whole new classes of “felonies” have been created which apply only to immigrants, deportation has become a punishment for even minor offenses, and policies aimed at trying to end unauthorized immigration have been made more punitive rather than more rational and practical. In short, immigrants themselves are being criminalized.

Washington, DC: American Immigration Council, 2015. 28p.

By Tom K. Wong

As the Trump administration begins to implement its immigration policy agenda, the issue of local assistance with federal immigration enforcement officials is back in the spotlight. So-called sanctuary jurisdictions are one focus of that debate. Sanctuary counties—as defined by this report—are counties that do not assist federal immigration enforcement officials by holding people in custody beyond their release date. Using an Immigration and Customs Enforcement, or ICE, dataset obtained via a Freedom of Information Act request filed by the Immigrant Legal Resource Center, the analyses in this report provide new insights about how sanctuary counties perform across a range of social and economic indicators when compared to non-sanctuary counties.

Washington, DC: Center for American Progress, 2018. 27p.

By Nazgol Ghandnoosh and Josh Rovner

Starting from his first day as a candidate, President Donald Trump has made demonstrably false claims associating immigrants with criminality. As president, he has sought to justify restrictive immigration policies, such as increasing detentions and deportations and building a southern border wall, as public safety measures. He has also linked immigrants with crime through an Executive Order directing the Attorney General to establish a task force to assist in “developing strategies to reduce crime, including, in particular, illegal immigration, drug trafficking, and violent crime,” and by directing the Department of Homeland Security to create an office to assist and publicize victims of crimes committed by immigrants. By surveying key research on immigration and crime, this report seeks to enable the public and policymakers to engage in a more meaningful policy debate rooted in facts. Immigrants’ impact on public safety is a well-examined field of study.

Washington, DC: The Sentencing Project, 2017. 18p.

By Kristin Littel and Timothy Woods

This report suggests ways to foster partnerships between immigrant advocacy organizations and law enforcement at national, State, and local levels which address the challenges to community policy within immigrant populations. This report summarizes findings on the challenges of interacting with immigrant populations and provides strategies to address these challenges. Issues discussed include: how to address the lack of law enforcement resources, how to address language barriers that exist for law enforcement officers when policing in immigrant communities, how to address inherent immigrant distrust of law enforcement, how to identify community partners, how to develop agency policies locally, what specialized training is needed for law enforcement officers, how to conduct proactive outreach to immigrant populations, what immigrants' concerns are regarding deportation, and what the standard procedures and actions are for Immigration and Customs Enforcement (ICE).

Washington, DC: Office of Community Oriented Policing Services (COPS, 2010. 27p,

By Eunice Hyunhye Cho, Tara Tidwell Cullen and Clara Long

Justice-Free Zones: U.S. Immigration Detention Under the Trump Administration, a research report from the American Civil Liberties Union, Human Rights Watch, and the National Immigrant Justice Center, provides an in-depth examination of the state of immigrant detention. Through visits to five detention facilities, interviews with 150 detained people, and analysis of government data, this report shines a light onto our nation’s treatment of immigrants. Specifically, the findings illustrate how the immigrant detention system has grown since 2017, the poor conditions and inadequate medical care — even before the COVID-19 outbreak, and the due process hurdles faced by immigrants held in remote locations.

New York: American Civil Liberties Union, 2020. 82p.

By The Southern Poverty Law Center

This report features stories from women swept up in the Immigration and Customs Enforcement raids that began on Jan. 2, 2016. The report by the Southern Poverty Law Center and the Georgia Latino Alliance for Human Rights found that the federal government has engaged in a needlessly aggressive – and potentially unconstitutional – act against immigrants with these home raids that targeted women and children from Central America.

Montgomery, AL: SPLC, 2016. 28p.

By The United States Commission on Civil Rights

This Statutory Enforcement Report examines the civil rights and constitutional concerns that the U.S. Commission on Civil Rights (Commission) “raised with the Department of Homeland Security (DHS) and its component [agencies] over the treatment of adult and minor [immigrant] detainees [who are being] held under federal law in detention centers across the country.” Specifically, this report analyzes the constitutional issues surrounding DHS’s treatment of detained immigrants as well as other selected federal agencies’ efforts to comply with established Performance Based National Detention Standards (PBNDS), the Prison Rape Elimination Act of 2003 (PREA), and the federal standards for detaining unaccompanied minor children.

It is within the Commission’s mandate to examine, study, and report upon civil rights violations inconsistent with the federal civil rights laws, the United States Constitution and the federal standards applicable to all persons within the United States and its territories. By statute, the Commission is authorized to examine federal policies and procedures that have a detrimental effect on the equal protection of law guaranteed to all persons under the Constitution. With regard to immigration, in 1980, the Commission released a report entitled The Tarnished Golden Door: Civil Rights Issues in Immigration that examined the civil rights issues surrounding the enforcement of the immigration laws of the United States. That report identified numerous issues surrounding the former Immigration and Naturalization Service (INS) administration and enforcement of U.S. immigration laws. Since the Commission published that 1980 report, however, federal immigration laws and their enforcement practices have undergone numerous, sweeping changes.

Washington, DC: The Commission, 2015. 276p.