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Posts in Criminal Justice
Bordering in the EU – How the New Pact on Asylum and Migration challenges human rights obligations

By Sanae Youbi  

In September 2020, the European Commission proposed a reform of the current European Union (EU) approach to migration and asylum entitled a ‘Common European Framework for Migration and Asylum’. A major novelty of this ‘New Pact on Migration and Asylum’ is the proposal to introduce a ‘Pre-Entry Screening’ procedure (Screening Regulation), allowing European authorities at EU external borders to channel irregular third-country nationals towards either an asylum or a return procedure. > As it stands, the proposed Screening Regulation seeks to address the issue of irregular entries and asylum-seekers’ mobility through policing via one single tool, namely a fast screening procedure. This may lead to policy incoherence and human rights abuses justified in the name of internal security and public safety. > Instead of endorsing this restrictive approach, this policy brief argues that the Council and the European Parliament should amend the proposed Regulation by designing an approach inspired by a solidarity-driven system, aligned with EU values. Detention outside the EU borders must not be generalized but based on real security risks, not assumptions based on threat perceptions. The instrumentalization of migration should be rejected, and the focus should be on more sustainable legal venues for humanitarian and labour migration.

Bruges, Belgium, College of Europe, 2023. 15p.

Exploring Latino/a Representation in Local Criminal Justice Systems: A Review of Data Collection Practices and Systems-Involvement

By Nancy Rodriguez and Rebecca Tublitz    

  Immigrants represent a substantial part of the United States: today, 41 million immigrants reside in the U.S., representing 13 percent of the population. Migration of people from different parts of the world to the U.S. have led to dramatic changes in the racial and ethnic make-up of the population. In 1970, Latinos represented 4.6 percent of the U.S. population. Today, just under 1 in 5 people in the U.S. self-identifies as being of “Hispanic or Latino origin”, making it the second largest racial or ethnic group after Whites.1 The 62 million people across the U.S. who identify as Latino represent an enormously diverse array of communities in terms of ethnic heritage, migration histories, citizenship status, and language. Latinos also identify with a wide variety of racial categories, including Black, White, multi-racial, and other.2 However, as the Latino population has grown, so too has the criminal justice system. Since 1970, the U.S. experienced unprecedented growth in the size and scale of its criminal justice system, driven largely by policies favoring the increased use of arrest and incarceration for offenses both minor and more severe.3 Today, 1.2 million people are incarcerated in the nation’s state and federal prisons, while nearly 550,000 are held in jail.4 Annually, almost 9 million are arrested and booked into jail each year. …

Irvine, CA:  UCI School of Sociology: Department of Criminology, Law and Society     2023. 31p.

Immigration Enforcement Policies and Detainer Trends in SJC Sites

By Nancy Rodriguez, Amalia Mejia, Rebecca Tublitz  

In this policy brief, we first outline the landscape of immigration policies across SJC sites. Next, we illustrate, across four SJC sites, the detainer trends as well as the immigration policies of the respective jurisdictions. In conclusion, we discuss the implications for criminal justice policy and reform, focusing on undocumented immigrants and Latino/as.

Irvine, CA: University of California, Irvine. Department of Criminology, Law and Society2023. 18p.

Duped - The exploitation of migrant workers in Sweden’s forest sector

By Mark Olden

Every year an estimated 5,000 migrant seasonal workers come to Sweden to do the back-breaking work of clearing landscapes and planting trees. They make up 85 – 90 per cent of the workforce and are employed by firms sub-contracted by the companies that dominate Sweden’s forest sector. "Duped” sheds a light on the endemic mistreatment they face. From earning less than promised, to being employed under unlawful terms. From working in poor conditions to being overcharged for their accommodation: the evidence is consistent and overwhelming. It contains testimonies from migrant workers, a union, investigative journalists and a small forest owner - stories of exploitation and harm that challenge the claim that such forestry is sustainable. This briefing shows that this exploitation is rooted in the economic logic which underpins the Swedish forestry model, and which is also driving nature destruction.

Bruxelles Belgium: FERN, 2023. 18p.

Revitalizing Ethnographic Studies of Immigration and Crime

By Amarat Zaatut and Stephanie M. DiPietro  

Ethnographic studies of immigration and crime were prominent in the early decades of the twentieth century, yet contemporary scholarship has been dominated by quantitative approaches. In this review, we heed the call of those who have lamented the “collective amnesia” and “newness fetish” that characterize much of contemporary criminology and revisit classic ethnographies of immigration and crime, with an emphasis on the unique methodological contributions of this early work. Next, we synthesize the small but growing body of contemporary ethnographic research on immigration and crime, which includes the policing of immigrant communities in the age of “crimmigration;” the lived experiences inside contemporary deportation/ detention regimes; the integration experiences of Muslims, a highly marginalized but understudied population; and immigrants’ unique vulnerabilities to and experiences of victimization, to illustrate the value of qualitative approaches for capturing the nuances of immigrants’ experiences in the new age of immigration.

Annu. Rev. Criminol. 2023. 6:285–306 

Biden's Immigration Parole Programs Are Working

By Tom Jawetz

The Biden administration’s parole programs are successfully reducing both illegal immigration and total immigration into the U.S., and they are shifting the composition of immigrants so that they are more self-sufficient and reliant on their existing social networks, rather than dependent on government assistance. Maintaining and improving parole will be even more important now that Title 42 has expired and the U.S. government has lost another tool for reducing illegal immigration. The parole program for migrants from Venezuela began in October 2022 and expanded to Cuba, Haiti, and Nicaragua in January 2023. Approximately 102,000 people were paroled into the U.S. from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) from October 2022 until April 2023, the most recent numbers available. Through March 2023, the program has prevented the entry of more than 380,000 illegal immigrants into the United States. Without the CHNV program, these migrants would have otherwise been processed under Title 8 immigration law and likely admitted into the country. Potential illegal immigrants wait in their home countries instead of crossing the southern border, since this parole program requires that migrants have a U.S. sponsor, obtain a passport, and pass security and health vetting. This high barrier to entry successfully reduces total immigration and shifts the composition of immigrants toward those who can more easily support themselves or rely on their social and family networks rather than on government welfare. 

New York: Manhattan Institute,  2025. 23p.

Still at Risk: The Urgent Need to Address Immigration Enforcement’s Harms to Children

By Nicole Chávez, Suma Setty, Hannah Liu, and Wendy Cervantes

Over two decades, immigration enforcement in the country’s interior has separated families and caused lasting damage to children in immigrant families and communities. These policies, resulting in worksite raids, arrests, and deportations, have undermined the health and well-being of more than 5 million children with at least one undocumented parent. In the meantime, Congress has failed to enact meaningful immigration reform that centers the dignity and humanity of immigrant families. Long-standing community members continue to suffer.

A new report from CLASP and UnidosUS analyzes trends in interior enforcement and documents the negative impact on children’s economic security, access to food, housing stability, mental health, and educational outcomes.  Although there has been a downward trend in interior enforcement actions since 2009, harmful policies remain in place and more humane policies–such as the DACA program, parental interest directive, and protected areas policy–remain stalled in the courts or face implementation challenges. 

Washington, DC: Center for Law and Social Policy, and UnidosUS , 2023. 27p.

Understanding Immigration: Issues and Challenges in an Era of Mass Population Movement

By Marilyn Hoskin

Based on the dual premise that nations need to learn from how immigration issues are handled in other modern democracies, and that adaptation to a new era of refugee and emigration movements is critical to a stable world, Marilyn Hoskin systematically compares the immigration policies of the United States, Britain, Germany, and France as prime examples of the challenges faced in the twenty-first century. Because immigration is a complex phenomenon, Understanding Immigration provides students with a multidisciplinary framework based on the thesis that a nation's geography, history, economy, and political system define its immigration policy. In the process, it is possible to weigh the influence of such factors as isolation, colonialism, labor imbalances, and tolerance of fringe parties and groups in determining how governments ultimately respond to both routine immigration requests and the more dramatic surges witnessed in both Europe and the United States since 2013.

Albany: State University of New York Press, 2017. 218p.

Immigrant Protest: Politics, Aesthetics, and Everyday Dissent

Edited by  Katarzyna Marciniak and Imogen Tyler

The last decade has witnessed a global explosion of immigrant protests, political mobilizations by irregular migrants and pro-migrant activists. This volume considers the implications of these struggles for critical understandings of citizenship and borders. Scholars, visual and performance artists, and activists explore the ways in which political activism, art, and popular culture can work to challenge the multiple forms of discrimination and injustice faced by "illegal" and displaced peoples. They focus on a wide range of topics, including desire and neo-colonial violence in film, visibility and representation, pedagogical function of protest, and the role of the arts and artists in the explosion of political protests that challenge the precarious nature of migrant life in the Global North. They also examine shifting practices of boundary making and boundary taking, changing meanings and lived experiences of citizenship, arguing for a noborder politics enacted through a "noborder scholarship. "

Albany: State University of New York Press. 2014. 320p.

Migrating Borders and Moving Times: Temporality and the Crossing of Borders in Europe

Edited by Hastings Donnan, Madeleine Hurd and Carolin Leutloff-Grandits  

Migrating Borders and Moving Times analyses migrant border crossings in relation to their everyday experiences of time, and connects these to wider social and political structures. Sometimes border crossing takes no more than a moment; sometimes hours; some crossers find themselves in the limbo of detention; for others, the crossing lasts a lifetime to be interrupted only by death. Borders not only define separate spaces, but different temporalities. This book provides both a single interpretative frame and a novel approach to border crossing: an analysis of the reconfiguration of memory, personal and group time that follows the migrants' renegotiation of cross-border space and recalibrations of temporality. Using original field data from Israel and northern and south-eastern Europe, the contributors argue that new insights are generated by approaching border crossing as a process with diverse temporalities whose relationship to space has always to be empirically determined.
Manchester, UK: Manchester University Press, 2017. 201p.

Refugees and the Ethics of Forced Displacement

By Serena Parekh

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states.

New York; London: Routledge, 2017. 171p.

The Refugee Reception Crisis: Polarized Opinions and Mobilizations

Edited by Andrea Rea,  Marco Martiniello. Alessanro Mazzola and  Bart Meuleman

The refugee question occupied centre stage at every political debate in Europe since 2015. Starting from the "long summer of migration", the polarization of opinions and attitudes towards asylum seekers among citizens of the EU has grown increasingly. The divergence between hospitality and hostility has also become evident in political reactions.

Bruxelles: Editions de l'Université de Bruxelles, 2019. 256p.

Latino Migrant Victims of Crime: Safe Reporting for Victims With Irregular Status in the United States and Spain

By Nicola Delvino and Markus González Beilfuss

In both the United States and Spain, Latino migrants are disproportionately exposed to crime victimization. Among them, those with irregular status are scared to report crime to the police out of the fear of deportation. This article explores how national legislation and local policies in the United States and Spain regulate the possibility of irregular migrants who are victims of crime to interact with the police. We analyze the interplay between immigration and criminal legislation and enforcement structures in the United States and Spain to define whether deportation is a real or perceived risk for victims reporting crime. We identify opportunities for “safe reporting of crime,” and we look at how policy responses in the two countries compare. We find that national legislation in both countries introduced measures aimed at allowing safe interactions between migrant victims and the police. Additionally, in the United States, cities also adopted local “safe reporting” policies. However, despite these existing measures, opportunities for safe reporting remain limited in both countries. We conclude with a discussion on lessons that legislators in the United States and Spain could learn from each other to improve the reporting of crime from victims with irregular status. 

  American Behavioral Scientist  2021, Vol. 65(9) 1193–1205  

A Macroeconomic Analysis of Deportation or Legalization of Illegal Immigrants

By James Feigenbaum, Jesse Baker and Austin Brooksby  

  This paper provides a macroeconomic perspective on the costs and benefits of two very different immigration policy changes—mass deportation and legalization—in comparison to the status quo of allowing illegal immigrants to broadly remain in the country under precarious circumstances. A macroeconomic analysis can capture the economy-wide impact of immigration policies on wages, employment, the government budget, and the stock of productive capital. To provide intuition, the paper begins with a simple analysis before adding layers of complexity that capture how immigration affects the economy. Although the results are sensitive to the assumptions used in the analysis, we find that over a broad range of parameters mass deportation creates worse economic outcomes for US citizens relative to both the status quo and to a policy providing for legalization.  

Logan, UT: The Center for Growth and Opportunity at Utah State University, 2020. 18p.

The Long-Run Effects of Temporary Protection from Deportation

By Jorgen M. Harris and Rhiannon Jerch  

  This paper estimates the effect of Temporary Protected Status (TPS), a temporary legalization policy, on the incomes and asset ownership of Salvadoran recipients over 20 years. We compare likely undocumented Salvadoran immigrants eligible for TPS to a control group of likely undocumented immigrants ineligible for TPS in a flexible event study design that allows us to observe growth dynamics in the policy’s effect over two decades. We find that earnings, homeownership, and the likelihood of using a car increased considerably for Salvadoran adults for at least 15 years following the granting of TPS. Our study suggests that even temporary and limited legal status can have substantial and sustained economic benefits for recipients.  

 Logan, UT: The Center for Growth and Opportunity at Utah State University , 2023.   54p.

Three Essays on Economics of Crime and Immigration

By A. S. M. Shakil Haider

  In the United States, immigration policies are politically debated when the concern is about the effect of such policies on crime and labor market outcomes. Even though the concern for crime exists for a long time, such concern is intensified due to rise in crime and the contagious behavior of crime in United Sates. Therefore, the primary objective of this dissertation is to investigate the causal effect of different immigration policies on crime and labor market outcomes in the context of United States. In addition, contagious behavior of crime along with the effects of different socio-economic and socio-demographic factors on crime are also examined in the context of US by allowing for county-level spatial dependence. The first chapter investigates statistically, the sanctuary policy (implemented on different US counties) effect on broad categories (i.e., violent and non-violent crime) and subcategories (i.e., murder, rape, burglary, motor vehicle (MV) theft) of crime from the lens of different causal methods. The analysis is conducted considering US county-level panel data and by applying different variations of difference in differences (DID) and synthetic control methods. A further analysis of sanctuary policy effects on crime is conducted by applying both the methods in a staggered treatment adoption setting. The results found that, even though there are few significant rises in crime categories due to sanctuary policy implementation, most of the results indicate that there is no evidence of statistically significant effect of sanctuary policy on different crime categories.....

  Chapter two of the dissertation focuses on the contagious/spilling behavior of crime along with investigating the linkages in between violent and non-violent crime in United States. methods. The key findings suggest positive causal effect of DACA on DACA-eligible individual’s labor market outcomes where DACA-ineligibles face bigger detrimental effects on their labor market outcomes due to DACA induced labor supply shock.   

Lubbock: Texas Tech University, 2021. 191p.

The Effect of E-Verify Laws on Crime

By Brandyn F. ChurchillAndrew Dickinson,  and Joseph J. Sabia 

E-Verify laws, which have been adopted by 23 states, require employers to verify whether new employees are eligible to legally work prior to employment. This study explores the impact of state E-Verify laws on crime. Using data from the 2004–2015 National Incident Based Reporting System, the authors find that the enactment of E-Verify is associated with a 7% reduction in property crime incidents involving Hispanic arrestees. This finding was strongest for universal E-Verify mandates that extend to private employers and its external validity bolstered by evidence from the Uniform Crime Reports. Supplemental analyses from the Current Population Survey suggest two mechanisms to explain this result: E-Verify-induced increases in the employment of low-skilled natives of Hispanic descent and out-migration of younger Hispanics. Findings show no evidence that arrests were displaced to nearby jurisdictions without E-Verify or that violent crime or arrests of African Americans were affected by E-Verify laws. The magnitudes of the estimates suggest that E-Verify laws averted $491 million in property crime costs to the United States.

   IZA Discussion Papers, No. 12798. Bonn: Institute of Labor Economics (IZA) , 2019. 69p.

Doing the Rights Thing: Approaches to Human Rights and Campaigning

By Damien Spry

This book is about the current state of human rights and the advocacy campaigns to end various abuses to these rights. It challenges views that give authority exclusively to the 1948 Universal Declaration of Human Rights, and reductionist views that take the subsequently framed body of international human rights law as sacrosanct suggesting this this is an incomplete and therefore insufficient view of human rights; that the struggle for human rights exists in historical, political and cultural contexts that may variously challenge or lend support to perspectives on human rights. The author presents three accounts to argue the case: a brief historical overview of human rights; a close reading of a key human rights organisation; and accounts from a recent human rights campaign in Australia. These examples suggest that smaller, nimbler campaign organisations, focused on concrete human rights outcomes, can strategically and successfully employ discourses that are designed to fit with the local political and cultural settings.

Broadway: UTS ePRESS, 2008. 60p.

US Counterterrorism and the Human Rights of Foreigners Abroad: Putting the Gloves Back On?

Edited by Monika Heupel, Caiden Heaphy, and Janina Heaphy

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.

London; New York: Routledge, 2022. 252p.

Seeking Convergence? A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum

By Maja Łysienia

Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected from refoulement, when and how asylum seekers can be detained and what remedies they should have access to. Did they seek convergence in their asylum case-law or paid no attention to each other’s jurisprudence? Did they establish a coherent standard of the asylum seekers’ protection in Europe? Judicial dialogue between the ECtHR and CJEU in the area of asylum is at the heart of this study. The book offers also a comprehensive overview of the asylum case-law of the two courts and identifies the main convergences and divergences in their approach to protection against refoulement, immigration detention and effective remedies.

Zurich: sui generis Verlag, 2022. 604p.