By Matthew Chang

What does adequate legal representation for noncitizen criminal defendants look like? After the Supreme Court decided the landmark case of Padilla v. Kentucky, criminal defense attorneys became responsible for advising clients if and when there might be immigration consequences that accompany acceptance of a guilty plea deal, such as a potential risk of deportation. Currently, the criminal and immigration representation are completely divided. This Comment argues that the Padilla mandate alone, while important, fails to adequately provide noncitizen criminal defendants their Fifth Amendment Due Process Right and Sixth Amendment Right to Counsel. Using the Supreme Court’s legal analysis in Padilla and similar cases, I contend that the criminal and immigration divide is not so discrete. Inadequate representation in either criminal or immigration courts is considered a failure of the Fifth Amendment. Nevertheless, one way to rectify this constitutional shortcoming is to create and implement government-appointed counsel for all noncitizen criminal defendants facing criminal and removal proceedings. This Comment evaluates local, government-enacted immigration public defender programs that have experienced great success within California. Further, this Comment posits that to fully comply with the Fifth Amendment’s requirement of adequate representation, Congress must follow suit and expand quality legal access across the nation for noncitizens facing deportation proceedings, modeled after successful immigrant defender programs in California.

112 J. Crim. L. & Criminology Online 29 (2022).

By Frohar Poya

In Europe, undocumented migrant women constitute one of the most at-risk groups across several socio-economic domains, with frequent, severe and often tragic consequences for these women, as well as their children and families. Already in the pre-COVID period in Europe, undocumented migrant women suffered financial exploitation, often exposed to discrimination, homelessness, intimate partner and domestic violence, and sexual harassment and abuse, both at work and in the public sphere. During and post-COVID, the inequalities and discrimination to which undocumented migrant women are subjected have intensified. This briefing paper summarises the key areas of concern and offers a number of recommendations to inform EU and national decision makers and stakeholders for improved formulation of policy responses and strategies to address the situation of undocumented migrant women in Europe. The main intention of this paper is to highlight the lack of protection of undocumented migrant women, and to help ensure their well-being during the post-COVID pandemic period, in particular, in the context of a number of key international legal instruments, including the EU Fundamental Rights Charter.

St Gilles,

Belgium: HumMingBird project , 2023.  11p.

By R. J. B. Bosworth

From the Preface: “My task… has been to unveil the lives of Italians under a generation of dictatorship, be they men, women or children, party officials and party intellectuals or anti-Fascists, landowners and industrialists or workers and peasants, all coming from the many and varied regions of Italy or, on occasion, emigrants passed beyond the national border. It is, of course, an impossible protect. Aspiring to write the tout history of a totalitarian society is a delusion. Yet any reader who consults the book’s pages will find that a vast array of people rum up »n my tale and that it spans from Sardinia to Sicily, from Tumi to Reggio Calabria, from Trieste to Bari and beyond. There are many stories in the pages that follow and my hope must be that readers will find them emblematic and will draw a general picture from their impressionist detail.”

London. Penguin. 2005. 689p.

Joseph Kofi Teye

This open access Regional Reader examines the dynamics and impacts of international migration within and from West Africa. The book presents key theoretical perspectives and empirical findings on historical trends, geographical patterns, drivers and socio-economic impacts of both voluntary and involuntary migration in West Africa, a region that is characterised by high level of mixed migration flows. The book is divided into three main parts: changing patterns and governance of migration, managing environmental and forced migration, and diaspora, transnationalism and development. The chapters raise key research questions and outline recommendations for improving migration governance, protecting migrants and harnessing the benefits of migration for socio-economic development for both countries of origin and destination of migrants. As such this Regional Reader provides an interesting read to students, academics, researchers, migration experts, development practitioners and policy makers.

Springer Cham

Maria Kousis, Aspasia Chatzidaki, Konstantinos Kafetsios

This open access book offers a cross-disciplinary view of challenging mobility issues for migrants and refugees in Europe and particularly Greece during the last decade when the economic and refugee crises coincided. It offers new analyses and data on a diverse range of topics concerning new emigrants as well as refugees and mobilities in Greece. The book covers themes which are not only related to refugee and immigrant integration and governance challenges, but also describes host attitudes, solidarity, political and protest claims in the public sphere, as well as the changing emigration environment in Greece within a European context. With contributions from the fields of philosophy, anthropology, sociology, economics, political science, geography and linguistics, this book provides a unique resource for students and scholars, but also for policy-makers and social scientists working on migration-related issues within and beyond Europe.

Springer Cham

Roxana Barbulescu, Sara Wallace Goodman, Luicy Pedroza

This open access book critically re-examines the theoretical and empirical interconnections between integration and citizenship, specifically, naturalisation. With new, empirical-grounded analyses of what we term 'citizenship-integration nexus' the central, shared contribution is showcasing how membership is informally achieved through everyday integration —usually around, but sometimes in spite of, formal citizenship requirements. By providing evidence of a nexus disjuncture, the book contributes to critical dialogues on immigrant integration and political incorporation, relevant for policymakers, civil society actors, and academics alike.

Springer Cham

Jill Ahrens, Russell King

This open access book brings novel perspectives to the scholarship on transnational migration. The book stresses the complexity of migration trajectories and proposes multi-sited field studies to capture this complexity. Its constituent chapters offer examples of onward migration spanning all major world regions. The contents exemplify a range of interdisciplinary approaches, including both qualitative and quantitative methodologies. The result is an impressive remapping and reconceptualisation of global migration and mobility, of interest to students and policy-makers alike.

Springer Cham

Irina Isaakyan, Anna Triandafyllidou, Simone Baglioni

Through an inter-subjective lens, this open access book investigates the initial labour market integration experiences of these migrants, refugees or asylum seekers, who are characterised by different biographies and migration/asylum trajectories. The book gives voice to the migrants and seeks to highlight their own experiences and understandings of the labour market integration process, in the first years of immigration. It adopts a critical, qualitative perspective but does not remain ethnographic. The book rather refers the migrants’ own voice and experience to their own expert knowledge of the policy and socio-economic context that is navigated. Each chapter brings into dialogue the migrant’s intersubjective experiences with the relevant policies and practices, as well as with the relevant stakeholders, whether local government, national services, civil society or migrant organisations.  The book concludes with relevant critical insights as to how labour market integration is lived on the ground and on what migrants ‘do’ with labour market policies rather than on what labour market policies ‘do’ to or for migrants.

Springer Cham

Claudia Finotelli, Irene Ponzo

Building upon the concept of migration regime, this open access book brings together the works of scholars who have investigated logics and routines of action in the field of immigration control within a single and innovative theoretical framework. The chapters cover a wide range of policy domains, from visa policy to the externalisation of controls, labour migration to asylum, internal controls towards irregular migration to restrictions for intra-EU mobility. By unravelling organisational strategies and practices across Europe, the book does not only contribute to dismantling the very idea of the European North-South divide in migration but also shows how Europe really works in the field of migration in times of deep economic, asylum and health crises.  In this perspective, the book questions the widespread understanding of migration control outcomes as simply the result of more or less effective state policies without considering the embeddedness of the national policy goals and strategies in the dynamic interplay of different economies, institutional cultures and geopolitical positions.

Springer Cham

By U.S. Citizenship And Immigration Services

From the Message From the Director, Ur M. Jaddou: "I am proud to share the U.S. Citizenship and Immigration Services (USCIS) Strategic Plan for fiscal years 2023 to 2026. This plan is grounded in USCIS' longstanding mission and firm commitment to making the United States a stronger, more inclusive, and welcoming nation, and preserving the integrity of the U.S. immigration programs we administer. At its core, USCIS has the responsibility to deliver decisions about immigration service requests to individuals while ensuring the security of our nation. The work of USCIS employees makes the possibility of the American dream a reality for immigrants, the communities and economies they join, and the nation as a whole. [...] This new strategic plan is the continuation and expansion of activities stemming from the five priorities I announced in FY 2022, illuminating our pathway into the future. Our new strategic plan will be our roadmap to realize our own promise as an agency of transparency and responsiveness - an agency that upholds the legal immigration system, supports, and engages its employees, and fosters collaboration to deliver high-quality results. While USCIS has made strides in reducing undue barriers to immigration benefits and services, we have much more to do to achieve a modern, fair, and effective immigration system."

Washington. DC. U.S. Citizenship and Immigration Services., 2023. 28p.

By M.N. Parsons, M. Camello, T. Craig, M. Dix, M. Planty, J.D. Roper-Miller

This technology brief is part of a series of documents that focuses on contraband in corrections. The first brief provides an overview of contraband, including types and associated technologies and products used to detect contraband on people, in vehicles, and in the environment. This brief focuses specifically on strategies to detect and manage drug contraband. The goal of this series is to offer foundational insights from use cases, highlight challenges of contraband detection, compare illustrative products, and discuss the future of contraband detection and management.

Washington, DC: U.S. National Institute of Justice, 2021. 14p.

By Nichola Cadet  

There is a limited evidence base on the needs and experiences of older people who are on probation. Despite increased recognition of the impact of age on the prison population, this has not yet translated into probation policy and practice. Research is also complicated by a lack of agreement regarding what is meant by ‘older’ in the criminal justice context, with the majority of research conflating ‘offender’ and ‘prisoner’. A systematic review (Merkt et al., 2020) identified that ages 45-65 have been used in research studies for ‘older offenders’, but advocated age 50 as an appropriate age cut off. This is because of ‘accelerated ageing’ experienced by virtue of the prison environment and the lived experiences of many people prior to coming into custody. Cumulative disadvantage across the life course means that, for people in prison, their age can be viewed as ten years older than their chronological age. HM Prison & Probation Service (HMPPS) and HM Inspectorate of Prisons now cite 50 as the age at which people should be defined as older. Despite policy think tanks, campaigning organisations, researchers and the Justice Committee repeatedly calling for a strategy for older offenders, this was only accepted by HM Government in 2020. While the strategy has been prepared by the Ministry of Justice, the emphasis remains on those in custody rather than people across prison and probation, and has yet to be published. This is a missed opportunity. Of course, older people in prison, if released, will be subject to licence supervision, so there are some direct parallels between the prison experiences of older people and those on probation. Age is a protected characteristic under the Equality Act 2010, however the issue has faced less attention than other diversity characteristics, such as gender, race and ethnicity, and the intersections across diverse populations. Probation services do have a long history of considering the needs of younger people in the probation system, particularly in terms of their transition from youth to adult services. Therefore, the service is well placed to ensure that measures can be put in place to meet the needs of older people on probation too, and the transitions they may face as they age. We are living in an ageing society, which means that probation services increasingly need to not only consider the needs of people on probation, but the needs of the professional workforce. This paper provides an overview of what the research literature tells us about the needs and experiences of older people in the criminal justice system. Statistics around age/ageing and the numbers of older people on probation are considered, highlighting links with reducing reoffending pathways and how they may be experienced differently by older people. Practical suggestions are made to support practitioners, policymakers and commissioners to develop services to ensure that they are age-inclusive against a backdrop of an ageing workforce and an ageist society.  

Manchester, UK: HM Inspectorate of Probation, 2022. 17p. 

By Alexis A. Aronowitz

From the cover: Virtually every country' in the world is affected by the scourge of human trafficking, either as a source, transit, or destination country, or a combination thereof. While countries have long focused on international trafficking, internal movement and exploitation within countries may be even more prevalent than trans- border trafficking. Patterns of trafficking vary across countries and regions and are in a constant state of flux. Countries have long focused on trafficking solely for the purpose of sexual exploitation, yet exploitation in agriculture, construction, fishing, manufacturing, and the domestic and food service industries is prevalent in many countries. Here, Aronowitz takes a global perspective in examining the nefarious underworld of human trafficking, revealing the nature and extent of the harm caused by this hideous criminal practice. Taking a victims-oriented approach, this book focuses on the different groups of victims, as well as the various forms of and markets for trafficking, many of which have been overlooked due to an emphasis on sex trafficking. The author also examines the criminals and criminal organizations that traffic and exploit their victims and explores less-ffequendy-discussed forms of trafficking— in organs, child soldiers, mail-order brides, and adoption, as well as the use of the Internet in trafficking. Drawing on her own field and research experiences in various parts of the world, the author offers real-life context throughout the book through descriptions of a number of cases with which she was involved or learned about in her travels.

Santa Barbara. PRAEGER. An Imprint of ABC-CLIO. 2009. 290p.

Forward by Condoleezza Rice

The Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This Report is the eighth annual TIP Report. It is intended to raise global awareness, to highlight efforts of the international community, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons. The U.S. law that guides anti-human trafficking efforts, the Trafficking Victims Protection Act of 2000, as amended (TVPA), states that the purpose of combating human trafficking is to punish traffickers, to protect victims, and to prevent trafficking from occurring. Freeing those trapped in slave-like conditions is the ultimate goal of this Report—and of the U.S. government’s anti- human trafficking policy. Human trafficking is a multi-dimensional threat. It deprives people of their human rights and freedoms, it increases global health risks, and it fuels the growth of organized crime.

U.S. Department Of State Publication 11407 Office Of The Under Secretary For Democracy And Global Affairs And Bureau Of Public Affairs. Revised June 2008. 295p.

By The Global Detention Project

Mexico has one of the largest immigration detention systems in the world, employing several dozen detention centres—euphemistically called estaciones migratorias—and detaining tens of thousands of people every year. Intense pressure from the United States and continuing migration from turmoil-wracked Central America have helped drive up detention numbers, which surpassed 180,000 in 2019. The COVID-19 pandemic further stressed the country’s migration response. It temporarily released most detainees after the onset of the pandemic even as the United States continued deporting both Mexican and third-country nationals to Mexico. In late 2020, the country adopted reforms to its migration law prohibiting the detention of all children, though many observers expressed scepticism over whether it would be respected.

Geneva: Global Detention Project, 2021. 37p.

By  Christopher Horwood

Just as the world’s governments have, for some decades, waged war on international drug trafficking, there are increasing signals that global authorities have embarked on a major offensive against the growing phenomenon of migrant smuggling in addition to their existing fight against human trafficking.1 One of the most unambiguous of these signals came in April 2015, when Dimitris Avramopoulos, the European Union’s top official for migration,2 told a news conference: “we will take action now. Europe is declaring war on [migrant] smugglers. Europe is united in this effort. We will do this together with our partners outside Europe. We will work together because smuggling is not a European problem — it is a global one.”3 Largely because of its clandestine nature, there is insufficient data available to gauge the global extent of migrant smuggling. Still, existing research offers some hints: according to one recent estimate, some 2.5 million migrants across the world used smugglers in 2016, generating an economic return of at least $5.5 billion dollars.4 ‘Since the migration crisis in 2015 the migrant smuggling business has established itself as a large, lucrative and sophisticated criminal market.’5 This paper, like others before it, argues that the main motivation behind the new offensive against migrant smugglers is not only the much-vaunted concern for the safety and protection of migrants and refugees6 (Avramopoulos prefaced his declaration with the words ‘one more life lost [at sea] is one too many’) but also the fact that migrant smugglers are the main vector and means for irregular migration. Rightly or wrongly, irregular migration is portrayed, even if disingenuously, by governments and many electorates as undesirable from a socio-political, security and economic perspective, and as a potential cause of future social unrest and political disruption.   

Geneva: Mixed Migration Centre, 2019. 78p.

Over the last 30 years, thousands of dead Latino migrant bodies have been found along the United States-Mexico boundary. These casualties are directly related to the Border Patrol’s “prevention through deterrence” (PTD) policing strategy, which funnels crossing migrants into remote and deadly deserts, mountains, and waterways. In response, local residents have created various formal and informal organizations to help provide life-saving aid to vulnerable crossing migrants. However, President Trump and Border Patrol agents have sought to criminalize and stop the work of humanitarian aid volunteers at the border. The data presented in this brief reveal that the American public overwhelmingly (87%) opposes—including the vast majority of Republicans (71%)—the criminalization of humanitarian aid workers at the border. 

Los Angeles: UCLA Latino Policy & Politics Initiative, 2020. 6p.

The Trump administration implemented a total of 363 policy changes to interior enforcement with the overarching goal of subjecting all undocumented immigrants to enforcement actions. President Biden assumed office following significant commitments to implement changes to immigration enforcement, to limit enforcement activities, and to reduce the hardship experienced by noncitizens and their families.

This report analyzes some of the most consequential changes to immigration enforcement implemented by the Trump administration, the changes that President Biden committed to making during his campaign and transition, and the progress that his administration has achieved in its first 100 days. The report concludes with recommendations for additional changes that the administration should prioritize in working to create a fairer and more humane system of immigration enforcement.

Washington, DC: American immigration Council, 2021. 33p.

By  Wendy Edelberg and Tara Watson 

This policy proposal is a proposal from the author(s). As emphasized in The Hamilton Project’s original strategy paper, the Project was designed in part to provide a forum for leading thinkers across the nation to put forward innovative and potentially important economic policy ideas that share the Project’s broad goals of promoting economic growth, broad-based participation in growth, and economic security. The author(s) are invited to express their own ideas in policy proposals , whether or not the Project’s staff or advisory council agrees with the specific proposals. This policy proposal is offered in that spirit.  

  Immigration is good for the US economy and for the fiscal picture at the federal level, but some local areas experience adverse fiscal impacts when new immigrants arrive. Edelberg and Watson propose a transparent system for redistributing resources from the federal government to these localities. Local areas would receive $2,500 annually for each adult immigrant who arrived to the US within the past five years without a college degree—those more likely to generate negative fiscal flows at the subnational level. The funds would take the form of unrestricted transfers to local educational agencies through the existing Impact Aid program and to Federally Qualified Health Centers. This support would help to offset educational, health, and other costs to local areas associated with immigrant inflows, and more equitably share the overall fiscal and economic benefits of immigration.   

Washington, DC: The Brookings Institution and The Hamilton Project , 2022.   26p.

By Kathleen O’Connor, Claire Thomas-Duckwitz, and  Guillermina Gina Nuñez-Mchiri  

The 1951 Refugee Convention of the United Nations High Commission on Refugees (UNHCR) defines a refugee as someone who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country." Further, the UNHCR is particularly concerned with refugees in Latin America and the Caribbean and uses the term refugee to describe persons fleeing from violence in Central America (U.N. High Commission for Refugees 2014). Thus, in this document, we refer to immigrants detained in the South Texas Family Residential Center in Dilley, Texas (“Dilley”), as refugees because they have been persecuted by virtue of their membership in a social group, are outside their country of origin, are fleeing extreme violence, and fear returning to their countries of origin, which provided no protection from violence and persecution. Throughout the report, refugees who agreed to speak with the team and to an assessment of mental health outcomes are also referred to as study participants, participants, or respondents. During fieldwork from July 22 to July 24, 2015, a team of mental and behavioral health specialists collected the following data at Dilley, at the Greyhound Bus Station in San Antonio, and at the Hospitality House, a shelter in San Antonio where refugees are housed temporarily en route to resettlement areas throughout the United States  

 Cambridge, MA: Unitarian Universalist Service Committee (UUSC), 2015. 82p.