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Posts in Criminal Justice
The Impact of Interior Immigration Enforcement on the Day-to-Day Behaviors of Undocumented immigrants

By Tom K. Wong, Karina Shklyan, Anna Isorena and Stephanie Peng

How does interior immigration enforcement affect the day-to-day behaviors of undocumented immigrants? Although there is some evidence that points to a broad range of “chilling effects” that result when local law enforcement officials work with U.S. Immigration and Customs Enforcement (ICE) on federal immigration enforcement, the academic literature is surprisingly sparse. In this study, we embedded an experiment in a survey (n = 594) drawn from a probability-based sample of undocumented immigrants in order to better understand how the behaviors of undocumented immigrants are affected when local law enforcement officials do the work of federal immigration enforcement. When respondents are told that local law enforcement officials are working with ICE on federal immigration enforcement, they are 60.8 percent less likely to report crimes they witness to the police, 42.9 percent less likely to report crimes they are victims of to the police, 69.6 percent less likely to use public services that requires them to disclose their personal contact information, 63.9 percent less likely to do business that requires them to disclose their personal contact information, and are even 68.3 percent less likely to participate in public events where the police may be present, among other findings.

La Jolla, CA: U.S. Immigration Policy Center, University of San Diego, 2019. 24p.

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.

SCAAP Data Suggest Illegal Aliens Commit Crime at a Much Higher Rate Than Citizens & Lawful Immigrants

By Matt O’Brien, Spencer Raley and Casey Ryan

Advocates of open borders are fond of claiming that illegal aliens commit fewer crimes than native-born U.S. citizens. That makes perfect sense, they assert, because illegal aliens do not wish to be brought to the attention of law enforcement and risk deportation from the United States. In fact, this report finds that in the states examined, illegal aliens are incarcerated up to five and a half times as frequently as citizens and legal immigrants.

Washington, DC: The Federation For American Immigration Reform, 2019. 20p.

Illegal immigrant Incarceration Rates, 2010-2018: Demographics and Policy Implications

By Michelangelo Landgrave and Alex Nowrasteh

Illegal immigration and the crimes illegal immigrants commit are notoriously difficult to measure. This policy analysis is the latest paper in a series that attempts to answer that question by estimating illegal immigrant incarceration rates in the United States by using the American Community Survey Public Use Microdata Sample from the U.S. Census. This analysis goes beyond previous studies in the series as it updates our residual estimation method based on new research. Furthermore, we apply the updated methods to estimate the illegal immigrant incarceration rates in earlier years.

Washington, DC: CATO Institute, 2020. 16p.

Immigrants' Deportation, Local Crime and Police Effectiveness

By Annie Laurie Hines and Giovanni Peri

This paper analyzes the impact of immigrant deportations on local crime and police efficiency. Our identification relies on increases in the deportation rate driven by the introduction of the Secure Communities (SC) program, an immigration enforcement program based on local-federal cooperation which was rolled out across counties between 2008 and 2013. We instrument for the deportation rate by interacting the introduction of SC with the local presence of likely undocumented in 2005, prior to the introduction of SC. We document a surge in local deportation rates under SC, and we show that deportations increased the most in counties with a large undocumented population. We find that SC-driven increases in deportation rates did not reduce crime rates for violent offenses or property offenses. Our estimates are small and precise, so we can rule out meaningful effects. We do not find evidence that SC increased either police effectiveness in solving crimes or local police resources. Finally, we do not find effects of deportations on the local employment of unskilled citizens or on local firm creation

Bonn, Germany: IZA - Institute of Labor Economics, 2019. 42p.

Contact Between Smugglers and Refugees and Migrants in West and North Africa

Mixed Migration Centre and United Nations Office on Drugs and Crime

This snapshot focuses on how smugglers and refugees and migrants make contact in West and North Africa. It draws on 3,602 surveys of refugees and migrants who had used a smuggler or smugglers, conducted in Burkina Faso, Mali, Niger, Libya and Tunisia from February 2021 to March 2022. It also draws on 356 smuggler surveys conducted in the same countries over June-October 2021. It provides analysis of the channels and the timing of contact between migrants and smugglers.

Mixed Migration Centre, 2022. 7p.

The Role of Smugglers in Afghans’ Irregular Journeys to Türkiye

By Mixed Migration Centre

Despite the prevalence of smuggling networks, gaps remain in understanding how they operate, largely due to their illicit nature. This snapshot on the use of smugglers among Afghans en route to Türkiye aims to contribute to a solid evidence base to inform targeted responses and advocacy efforts related to migrant protection and migration movements to and through Türkiye. It is based on 2,403 surveys conducted with Afghans.

Mixed Migration Centre, 2022. 7p.

Selling Sex Overseas: Chinese Women and the Realities of Prostitution and Global Sex Trafficking

By Ko-lin Chin and James O. Finckenauer

Every year, thousands of Chinese women travel to Asia and the United States in order to engage in commercial sex work. In Selling Sex Overseas, Ko-lin Chin and James Finckenauer challenge the current sex trafficking paradigm that considers all sex workers as victims, or sexual slaves, and as unwilling participants in the world of commercial sex. Bringing to life an on-the-ground portrait of this usually hidden world, Chin and Finckenauer provide a detailed look at all of its participants: sex workers, pimps, agents, mommies, escort agency owners, brothel owners, and drivers. Ultimately, they probe the social, economic, and political organization of prostitution and sex trafficking, contradicting many of the ‘moral crusaders’ of the human trafficking world.

New York: London: New York University Press, 2012. 324p.

Preventing Trafficking in Human Beings: Labour and Criminal Exploitation

By Stijn Aerts

Trafficking in human beings is a serious offence against personal and sexual freedom and integrity. A distinction can be made between different kinds of THB based on the purpose, which is always a form of exploitation. Besides trafficking for sexual exploitation, the most studied and most reported type, there are trafficking for labour exploitation, trafficking for criminal exploitation, and a few other types. Perpetrators make money off of labour exploitation in two major ways: cost reduction and revenue generation. The most promising prevention initiatives are proactive labour inspections and targeted, multi-agency investigations of situations or businesses where labour trafficking is indicated. Forced criminality can take the form of forced begging as well as forced metal theft, pickpocketing, drug production, trafficking and dealing, and benefit fraud. Prevention efforts should focus on two axes: measures to eliminate the feeding ground for criminal exploitation on the one hand and stimulating the identification and non-punishment of victims.

Generally speaking, the evidence base on THB and THB prevention initiatives is weak. Studies are of poor quality, and are generally unable to prove the effectiveness of preventive efforts, not least in the case of awareness campaigns. It is therefore of key importance to invest in highly-quality impact and outcome evaluation studies, and to exercise appropriate caution when implementing new approaches the effectiveness of which is yet to be determined.

Brussels: European Crime Prevention Network, 2022. 20p.

Uyghurs for sale: ‘Re-education’, forced labour and surveillance beyond Xinjiang

By Vicky Xiuzhong Xu with Danielle Cave, James Leibold, Kelsey Munro, Nathan Ruser

The Chinese government has facilitated the mass transfer of Uyghur and other ethnic minority citizens from the far west region of Xinjiang to factories across the country. Under conditions that strongly suggest forced labour, Uyghurs are working in factories that are in the supply chains of at least 82 well-known global brands in the technology, clothing and automotive sectors, including Apple, BMW, Gap, Huawei, Nike, Samsung, Sony and Volkswagen. This report estimates that more than 80,000 Uyghurs were transferred out of Xinjiang to work in factories across China between 2017 and 2019, and some of them were sent directly from detention camps. The estimated figure is conservative and the actual figure is likely to be far higher. In factories far away from home, they typically live in segregated dormitories, undergo organised Mandarin and ideological training outside working hours, are subject to constant surveillance, and are forbidden from participating in religious observances. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement. China has attracted international condemnation for its network of extrajudicial ‘re-education camps’ in Xinjiang. This report exposes a new phase in China’s social re-engineering campaign targeting minority citizens, revealing new evidence that some factories across China are using forced Uyghur labour under a state-sponsored labour transfer scheme that is tainting the global supply chain.

Barton ACT, Australia: Australian Strategic Policy Institute, 2020. 86p.

The Security Implications of Human Trafficking

By Jamille Bigio and Rachel Vogelstein

Human trafficking can fuel conflict, drive displacement, and undercut the ability of international institutions to promote stability. The United States should work to disrupt and dismantle the criminal networks and terrorist groups that exploit conflict-related human trafficking, while prioritizing the prevention and prosecution of and protection from human trafficking in conflict contexts.

Washington DC: Council on Foreign Relations, 2019. 60p.

Prosecuting Human Trafficking Cases: Lessons Learned and Promising Practices

By Heather J. Clawson, Nicole Dutch, Susan Lopez and Suzanna Tiapula

This study examined the effectiveness of existing U.S. Federal and State legislation in providing prosecutors with the tools needed to gain convictions of those charged with human trafficking, defined as “the use of force, fraud, or coercion to exploit a person for profit.”

The findings suggest that once human trafficking prosecutions have begun, guilty verdicts are likely. Just over 85 percent of the 298 cases prosecuted under the Federal Trafficking Victims Protection Act (TVPA) during the past 7 years have resulted in convictions. Prosecutors experienced in managing human-trafficking cases have collaborated with local, State, and Federal law enforcement agencies and nongovernmental organizations; assisted victims in accessing services; identified key evidence; and used proven prosecutorial techniques. Ongoing documentation, monitoring, and analysis of the prosecutions of human trafficking cases within Federal and State courts are needed so as to monitor progress. Convictions are just one measure of success. More information is needed on reduction in the prevalence of this crime and how effective work with trafficking victims is in helping them to reclaim their lives. Ten prosecutors who represented 13 offices involved in 86 percent of the 268 cases identified for the study advised other prosecutors to be patient and set low expectations, to be ready to make a significant investment of time, to be sensitive to the victims, to establish a good rapport with law enforcement, to use investigative techniques that normally would not be used, and to think proactively about what charges can be brought against the defendants. The 77 State and local prosecutors from 27 States who completed a survey noted the importance of having a collaborative and unified investigation, addressing the victims’ needs, having sufficient resources, and the importance of training law enforcement officers and prosecutors to raise awareness of the problem

Fairfax, VA: ICF International, 2008. 94p.

Insecure Communities, Devastated Families: New Data on Immigrant Detention and Deportation Practices in New York City

By New York University School of Law. Immigrant Rights Clinic, Immigrant Defense Project, Families for Freedom

New York City is home to over three million foreign-born residents.1 Yet, immigrant New Yorkers have been forced to struggle with the harsh realities of Immigration and Customs Enforcement (“ICE”) operations in their city for years—families broken apart by midnight raids, parents of U.S. citizen children sent to far-away detention facilities in Texas and Louisiana and held without bond, immigrants arrested after a “stop-and-frisk” encounter with the NYPD, only to find themselves thrown into a pipeline that sends thousands of New Yorkers from Rikers Island to ICE detention every year. However, even as advocates, the City Council, and other city stakeholders debate how to limit the damage that ICE policies inflict on New York and the city’s large immigrant community, there has been little data on what exactly happens to immigrant New Yorkers who are apprehended by ICE, and the extent of the agency’s enforcement operations in the city. In response to this urgent need for information, the community groups Families for Freedom and the Immigrant Defense Project filed a request for information with ICE under the Freedom of Information Act (“FOIA”). The agency initially did not comply with the request, instead stating that the organizations needed to pay over $1.3 million in fees to secure the necessary documents.2

  • The organizations filed a lawsuit in federal district court against ICE, and the case was settled in May of 2011. As a condition of the settlement, ICE provided data to the Vera Institute for Justice, for use in conjunction with immigration court data for a wide-ranging study on immigrant New Yorkers’ access to counsel. That study was released in early 2012.3 ICE also provided a spreadsheet of data on every individual apprehended by the New York City Field Office from October 2005 through December 2010. Nineteen distinct data fields were included for each individual apprehended, and that never before released data is the subject of this report. The data provided by ICE, as a condition of the settlement of the lawsuit, is significant in two key ways. First, it allowed researchers at the Vera Institute to accurately assess the impact of detention and, in particular, ICE’s transfer policy, on the issues that face immigrant New Yorkers in immigration court, such as access to legal counsel and the availability of relief from deportation.4 Second, the spreadsheet provided by ICE that is the basis of this report provides hard evidence of the effects of immigration detention and deportation on New York City communities. For example, there had previously been no way for local leaders and community members to assess how many individuals of a certain nationality were detained by ICE in New York or how many individuals in a given New York City zip code or neighborhood were detained. Likewise, there was no way for them to know how many parents of U.S. citizen children were swept into the system. Other issues, like the frequency of bond settings for New Yorkers and ICE transfers of New Yorkers to far-away detention facilities, remained equally murky. However, while the data is in many respects new, it only confirms what groups like Families for Freedom and the Immigrant Defense Project have known for years: that ICE enforcement in New York City is terrorizing the city’s immigrant community.

New York: NYU School of Law Immigrant Rights Clinic, Immigrant Defense Project, Families for Freedom, 2012. 29p.

The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in an Era of Mass Deportation

By Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center

Local criminal justice policies, such as vagrancy laws and cash bail requirements, endanger vulnerable immigrant populations and undercut the promise of “sanctuary” cities, according to a report released today by Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center. The report urges city and county leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send undocumented residents into the deportation pipeline.

Washington, DC: ILRC, 2017. 35p.

Who's Behind ICE? The Tech and Data Companies Fueling Deportations

By The National immigration Project of the National Lawyers Guild, Immigrant Defence Project, and Mijente

Tech is transforming immigration enforcement. As advocates have known for some time, the immigration and criminal justice systems have powerful allies in Silicon Valley and Congress, with technology companies playing an increasingly central role in facilitating the expansion and acceleration of arrests, detentions, and deportations. What is less known outside of Silicon Valley is the long history of the technology industry’s “revolving door” relationship with federal agencies, how the technology industry and its products and services are now actually circumventing city- and state-level protections for vulnerable communities, and what we can do to expose and hold these actors accountable. Mijente, the National Immigration Project, and the Immigrant Defense Project — immigration and Latinx-focused organizations working at the intersection of new technology, policing, and immigration — commissioned Empower LLC to undertake critical research about the multi-layered technology infrastructure behind the accelerated and expansive immigration enforcement we’re seeing today, and the companies that are behind it. The report opens a window into the Department of Homeland Security’s (DHS) plans for immigration policing through a scheme of tech and database policing, the mass scale and scope of the tech-based systems, the contracts that support it, and the connections between Washington, D.C., and Silicon Valley. It surveys and investigates the key contracts that technology companies have with DHS, particularly within Immigration and Customs Enforcement (ICE), and their success in signing new contracts through intensive and expensive lobbying.

Washington, DC: National Immigration Project, 2018. 74p.

Outside Justice: Immigration and the Criminalizing Impact of Changing Policy and Practice

Edited by Michele L. Waslin, David C Brotherton, Daniel L Stageman and Shirley P Leyro

Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.

New York: Springer, 2013. 280p.

Deportation is Freedom!: The Orwellian World Of Immigration Controls

By Steve Cohen

This book is a searing critique of today's immigration systems. Former barrister Steve Cohen declares that these systems are deeply flawed, and takes a fresh look at the ethical and political problems that surround this controversial subject. Cohen proposes that current immigration controls are so inherently racist and irrational that they require the creative dystopian ideas contained within George Orwell's "Nineteen Eighty-Four" to adequately describe them. He seeks to understand the irrationality of these controls - complete with their own brand of newspeak, doublethink, memory holes and thought police - and undertakes an incisive critique of immigration controls, revealing the nightmare world in which refugees, migrants and immigrants find themselves. The book also scrutinizes the latest developments in UK immigration legislation and compares and contrasts the UK experience with that of other countries. "Deportation is Freedom!" is a lively yet thought-provoking read that will captivate anyone who cares about the immigration systems that are shaping our world today. It will be of particular interest to social workers, lawyers, social policy makers and all people politically engaged in immigration campaigning.

London: Jessica Kingsley Publishers, 2016. 224p.

Forced Migration, Human Rights and Security, Studies in International Law

By Jane McAdam

The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security — of borders, of people, of institutions, and of national identity — encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those who are displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements — both procedural and substantive. It considers: the particular needs and rights of children, especially as forced migrants; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome — or at least diminish — the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection' — such as those who cannot be removed from a country because they face a risk of torture; cruel, inhuman, or degrading treatment; or punishment — and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.

Oxford, UK: Portland, OR: Hart Publishing, 2008. 310p.

Routledge International Handbook of Migration Studies. Rev. edition

Edited by Steven J Gold and Stephanie J Nawyn

This revised and expanded second edition of Routledge International Handbook of Migration Studies provides a comprehensive basis for understanding the complexity and patterns of international migration. Despite increased efforts to limit its size and consequences, migration has wide-ranging impacts upon social, environmental, economic, political and cultural life in countries of origin and settlement. Such transformations impact not only those who are migrating, but those who are left behind, as well as those who live in the areas where migrants settle.

Featuring forty-six essays written by leading international and multidisciplinary scholars, this new edition showcases evolving research and theorizing around refugees and forced migrants, new migration paths through Central Asia and the Middle East, the condition of statelessness and South to South migration. New chapters also address immigrant labor and entrepreneurship, skilled migration, ethnic succession, contract labor and informal economies. Uniquely among texts in the subject area, the Handbook provides a six-chapter compendium of methodologies for studying international migration and its impacts.

London; New York: Routledge, 2019. 655p.

The Oxford Handbook of Refugee and Forced Migration Studies

Edited by Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long and Nando Sigona

This Handbook critically traces the birth and development of Refugee and Forced Migration Studies, and vividly illustrates the vibrant and engaging debates that characterize this rapidly expanding field of research and practice. The contributions highlight the key challenges faced by academics and practitioners working with and for forcibly displaced populations around the world, as well as identifying new directions for research in the field. Since emerging as a distinct field of study in the early 1980s, Refugee and Forced Migration Studies has grown from being of concern of a relatively small number of scholars and policy analysts to become a global field with thousands of students worldwide studying displacement, either from traditional disciplinary perspectives or as a core component of newer interdisciplinary programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research as well as action-research focused on advocating in favour of refugees’ needs and rights and more directly concerned with influencing policy and practice. The Handbook’s fifty-two state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs, and international organizations across every continent, provide a comprehensive and cutting-edge overview of the key intellectual, political, social, and institutional challenges arising from mass displacement in the world today.

Oxford, UK; New York: Oxford University Press, 2014. 800p.