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Posts in Criminal Justice
Small-Boats Emergency: Fixing the UK’s Broken Asylum System

By Rakib Ehsan

This paper argues that the ongoing small-boats emergency on the English south coast involves two injustices – a dysfunctional asylum system which is overburdened as a result of illegal unauthorised migration and increasingly leaves some of the world’s most persecuted peoples by the wayside, along with the unfairness of the UK’s most deprived local authorities disproportionately bearing the load of accommodating such arrivals. The report issues a stark warning over the mounting costs of the small-boats emergency and the risk of it fuelling public resentment – especially in post-industrial areas and left-behind coastal towns. The mid-estimate of hotel accommodation alone – at £2.2bn – exceeds the entirety of the Government funding allocated for Round 2 of the Levelling Up Fund (£2.1 billion) and is three and a half times the £630 million government investment to tackle homelessness in the UK.Recommendations include the introduction of an annual cap on refugees which is democratically determined by the UK Parliament and prioritises women and children in conflict-affected territories and insecure displacement camps. The report also calls for the curbing of the power of judicial interventions – both foreign and domestic – which is thwarting the UK Government’s efforts to tackle the small-boats emergency.

London: Policy Exchange, 2023. 58p.


Migrating through the Corridor of Death: The Making of a Complex Humanitarian Crisis

By Priscilla Solano https://orcid.org/0000-0002-7636-385priscilla.solano@soc.lu.sand Douglas S. Massey

Drawing on the concept of a “complex humanitarian crisis,” this paper describes how outflows of migrants from Central America were transformed into such a crisis by intransigent immigration and border policies enacted in both Mexico and the United States. We describe the origins of the migration in U.S. Cold War interventions that created many thousands of displaced people fleeing violence and economic degradation in the region, leading to a sustained process of undocumented migration to the United States. Owing to rising levels of gang violence and weather events associated with climate change, the number of people seeking to escape threats in Central America has multiplied and unauthorized migration through Mexico toward the United States has increased. However, the securitization of migration in both Mexico and the United States has blocked these migrants from exercising their right to petition for asylum, creating a growing backlog of migrants who are subject to human rights violations and predations both by criminals and government authorities, leading migrants to label Mexican routes northward as a “corridor of death.” We draw on data from annual reports of Mexico's Red de Documentación de las Organizaciones Defensoras de Migrantes (Network for the Documentation of Migrant Defense Organizations) to construct a statistical profile of transit migrants and the threats they face as reported by humanitarian actors in Mexico. These reports allow us to better understand the practical realities of the “complex humanitarian crisis” facing undocumented migrants, both as unauthorized border crossers and as transit migrants moving between the southern frontiers of Mexico and the United States.

Journal on Migration and Human SecurityVolume 10, Issue 3, September 2022, Pages 147-172

Concurrent Displacements: Return, Waiting for Asylum, and Internal Displacement in Northern Mexico

By Isabel Gil-Everaert https://orcid.org/0000-0001-6426-2igil@colmex.mx, Claudia Masferrer, and Oscar Rodríguez Chávez

This paper explores the ways in which contemporary mobility dynamics in Mexico have changed over the last decade, leading to protracted displacement. It focuses on three populations: (1) the internally displaced due to violence; (2) Mexican nationals returning from the United States, both voluntarily and due to deportation; and (3) populations seeking asylum in Mexico and the United States. These three populations are not usually analyzed together and do not squarely fall under the traditional legal definitions. The paper outlines ways that situations of protracted displacement and insecurity present challenges in four interconnected arenas of life: housing, legal status, employment, and emotional well-being. For governments and local communities, protracted displacement requires immediate humanitarian responses and the development and implementation of public policies focused on integration. The paper concludes with a set of policy recommendations based on its findings.

Journal on Migration and Human SecurityVolume 11, Issue 1, March 2023, Pages 125-148

BP Released a Migrant on a Terrorist Watchlist, and ICE Faced Information Sharing Challenges Planning and Conducting the Arrest (REDACTED)

By The U.S. Department of Homeland Security, Office of the Inspector General

We conducted this evaluation to review CBP’s screening process of a suspected terrorist and the timing of ICE’s subsequent arrest following the suspected terrorist’s release into the United States. What We Recommend - We made three recommendations to ensure CBP effectively resolves inconclusive Terrorist Watchlist matches and ICE has immediate access to Global Positioning System data relevant to its law enforcement operations.

Washington, DC: U.S. Department of Homeland Security, 2023. 24p.

Migrants in transit through Mexico to the US: Experiences with violence and related factors, 2009-2015

By René Leyva-Flores , Cesar Infante , Juan Pablo Gutierrez , Frida Quintino-Perez , MariaJose Gómez-Saldivar , Cristian Torres-Robles

Objectives: The objectives of the study are to 1) estimate the burden of physical, sexual, and psychological violence among migrants in transit through Mexico to the US; and 2) examine the associations between experiencing violence and sociodemographic characteristics, migratory background, and health status in this vulnerable population.

Results: The overall prevalence of suffering from any form of violence was 29.4%. Nearly 24% reported physical violence, 19.5% experienced psychological violence, and approximately 2% reported sexual violence. TTTs experienced a significantly greater burden of violence compared to men and women. Violence occurred more frequently among migrants from Central America (30.6%) and other countries (40.0%) than it did among Mexican migrants (20.5%). Experiences involving sexual, physical and psychological violence as well as theft and even kidnapping were described by interviewees. Migrants mistrust the police, migration authorities, and armed forces, and therefore commonly refrain from revealing their experiences.

Conclusion: Migrants are subjected to a high level of violence while in transit to the US. Those traveling under irregular migratory conditions are targets of even greater violence, a condition exacerbated by gender inequality. Migrants transiting through Mexico from Central American and other countries undergo violence more frequently than do Mexican migrants. Protective measures are urgently needed to ensure the human rights of these populations.

PLoS One. . 2019 Aug 21;14(8):e0220775.

From Evidence to Action: Twenty Years of IOM Child Trafficking Data to Inform Policy and Programming

By International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University.

Despite efforts, large numbers of children continue to fall victim to traffickers worldwide, due to inequitable social, economic, environmental and political factors that engender exploitative and discriminatory practices. A critical component of countering trafficking is reliable and up-to-date data, to empirically ground interventions, though actionable data are limited, and child victims are typically hard to reach. This report, based on analysis of extensive, globally sourced data, is the first of its kind and analyses primary data from more than 69,000 victims of trafficking of 156 nationalities, trafficked in 186 countries, who registered with IOM in its 113 countries of operation, using the IOM Victims of Trafficking Database (VoTD) - the largest available international database of individual victims of trafficking.

International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University. 2023. 88p.

Assistance and Support Services for Survivors of Human Trafficking: A Qualitative Study

By Yvon Dandurand, Darryl Plecas, John Winterdyk and Vivienne Chin

The International Centre for Criminal Law Reform (ICCLR) conducted a qualitative survey and analysis of the types of services and supports most needed by survivors of labour and sex trafficking, including the perceived usefulness and effectiveness of these services. The study also examined service delivery models, source of referrals, models of inter-agency collaboration, and accessibility of relevant services in British Columbia and Alberta for meeting the needs of labour and sex trafficking survivors (including those at risk of or are currently being trafficked). Previous research has revealed a lot about the needs of victims and survivors of human trafficking and their difficulty in accessing relevant services. Their needs are multiple and complex, but, by now, they are well known. These needs include health care (including mental health and in some cases addiction treatment), legal, financial (immediate and longer-term), protection (e.g., safe houses), housing, emotional and psychological support, connection with the justice system, and in the case of survivors of transnational trafficking, translation, assistance with respect to their immigration status, communication with home and repatriation, travel assistance, etc. The needs of trafficked survivors are not uniform and are contextualized by the purpose for which they are trafficked, particularly such as those for sexual exploitation or labour exploitation. The needs are also different for Canadian and foreign victims. There are also gender-based differences in the needs of survivors. Finally, survivors of human trafficking require during the criminal justice process when they are involved as witnesses for law enforcement and the prosecution.

Vancouver, BC : International Centre for Criminal Law Reform and Criminal Justice Policy, 2023. 72p.

From Evidence to Action: Twenty years of IOM child trafficking data to inform policy and programming

By Digidiki, V., J. Bhabha, K. Connors, H. Cook, C. Galez-Davis, C. Hansen, M. Lane, S. Laursen, and L. Wong,  The International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University.

Despite efforts, large numbers of children continue to fall victim to traffickers worldwide, due to inequitable social, economic, environmental and political factors that engender exploitative and discriminatory practices. A critical component of countering trafficking is reliable and up-to-date data, to empirically ground interventions, though actionable data are limited, and child victims are typically hard to reach. This report, based on analysis of extensive, globally sourced data, is the first of its kind and analyses primary data from more than 69,000 victims of trafficking of 156 nationalities, trafficked in 186 countries, who registered with IOM in its 113 countries of operation, using the IOM Victims of Trafficking Database (VoTD) - the largest available international database of individual victims of trafficking.

The report shows that child trafficking is a multifaceted and complex phenomenon that continues to spread and evolve within and across borders. No age range, no gender and no nationality are immune to child trafficking; it is a truly global phenomenon. However, the study provides evidence of important trends and dynamics, linked to factors such as age, gender and geography, that help further our understanding of the phenomenon, with the potential to inform policy and programming.

Geneva: IOM, 2023. 88p.

Enhancing the Identification, Prosecution and Prevention of Orphanage Trafficking through the Legal Frameworks of Nepal, Uganda and Cambodia

By Rebecca Nhep, Kate van Doore

  Orphanage trafficking refers to the process of children being transferred or recruited into orphanages for the purpose of exploitation and profit. Whilst much work is being done on strengthening child protection systems and deinstitutionalisation, orphanage trafficking as a driver of institutionalisation remains under researched despite being an issue that heavily impacts upon the ongoing institutionalisation of children. In some countries, an ‘orphanage industry’ has even emerged due to the high levels of tourist, volunteer and foreign donor interest in assisting orphaned children. As the first project of its kind in the world, this study assesses the legal, policy and procedural frameworks in both domestic and international law across Nepal, Uganda and Cambodia, where orphanage trafficking continues to undermine domestic efforts to stem the overuse of institutionalisation of children.

Brisbane: Griffith University, 2021. 66p.

Preventing Trafficking by Protecting Refugees

By Rebecca L. Feldmann

An inherent tension underlies the duty to prevent trafficking. On the one hand, nation-states are required to take border control measures aimed at preventing trafficking. At the same time, such measures must respect international obligations toward asylum-seekers and other migrants relating to the free movement of people. In the past twenty years, countries such as the United States have developed increasingly sophisticated systems designed to regulate and restrict the movement of people across borders. However, the same period has seen an increasing disregard for the human rights of the very people who are crossing those borders. In order to fully meet the duty to prevent trafficking, states must come to recognize the importance of involving victims of this crime in the solution, which will never happen if countries demonize all migrants as criminals and traffickers. In short, states that seek to lead the fight against human trafficking need to work with victims (including foreign national victims in the state’s territory) and other partners (such as non-governmental organizations and victims’ attorneys) to ensure that their rhetoric more closely matches reality.

Utah Law Review, 659 (2023)

uman Smuggling in Africa: The creation of a new criminalised economy?

By Lucia Bird

Governments need to ensure responses to migration and human smuggling don’t make it more dangerous for migrants and more lucrative for criminals. Mobility has been a key facet of resilience across much of the African continent throughout its history, and those on the move have long relied on the support of smugglers to facilitate the journey. However, the birth of the modern migrant smuggling industry as a multi-million global business is much more recent, as is the perception of the migrant smuggler as a highly organised criminal figure.

ENACT Africa, 2021. 88p.

Current and Future Research on Labor Trafficking in the United States

by Joe EyermanMelissa M. LabriolaBella González

Reducing the prevalence of all forms of human trafficking, including sex trafficking, labor trafficking, and child sexual exploitation, is a national priority that puts the U.S. Department of Homeland Security (DHS) in a prominent role. Given the scale, evolving nature, and complexity of labor trafficking, combating the problem poses a significant challenge. The DHS Science and Technology Directorate (S&T) anti–human trafficking program is assessing the current state of and future needs for labor trafficking research in the United States. This effort will serve as a starting point for future social science–based S&T anti–human trafficking research and actions focused on labor trafficking.

Santa Monica, CA: RAND, 2023. 

Representations of Transnational Human Trafficking: Present-day News Media, True Crime, and Fiction

Edited by  Christiana Gregoriou

This open access edited collection examines representations of human trafficking in media ranging from British and Serbian newspapers, British and Scandinavian crime novels, and a documentary series, and questions the extent to which these portrayals reflect the realities of trafficking. It tackles the problematic tendency to under-report particular types of victim and forms of trafficking, and seeks to explore both dominant and marginalised points of view. The authors take a cross-disciplinary approach, utilising analytical tools from across the humanities and social sciences, including linguistics, literary and media studies, and cultural criminology. It will appeal to students, academics and policy-makers with an interest in human trafficking and its depiction in the modern day.

Cham:  Springer Nature, 2018. 160p.

Refugee protection, human smuggling, and trafficking in Bangladesh and Southeast Asia

By Bruce Ravesloot, Tanay Amirapu, Chandler Smith, Sehdia Mansaray ; TANGO International, Inc.

This research report critically assesses the risks and needs of Rohingya refugees in Bangladesh and Southeast Asia across three thematic domains: refugee protection, human trafficking, and human smuggling. The research draws from three national contexts: Thailand, Malaysia, and Indonesia.

The research explores the following questions: What is the regional and national policy landscape for refugee protection, anti-smuggling, and anti-trafficking? What are the risks and opportunities in these domains?

Denmark: Mixed Migration Centre, 2022. 97p.

Rohingya in Indonesia, Malaysia and Thailand: Refugee protection, human smuggling and trafficking\

By  Hui Yin Chuah

This briefing paper highlights the key findings from the Research Report, “Refugee Protection, Human Smuggling, and Trafficking in Bangladesh and Southeast Asia”. The research aims to assess the risks and needs of Rohingya refugees in Bangladesh and Southeast Asia across three thematic domains, with particular focus on the national contexts of Thailand, Malaysia, and Indonesia. The three domains are: protection; human trafficking; and human smuggling.

Denmark: Mixed Migration Centre, 2023. 9p.

Waiting and the Temporalities of Irregular Migration

Edited by Christine M. Jacobsen, Marry-Anne Karlsen and Shahram Khosravi  

"This edited volume approaches waiting both as a social phenomenon that proliferates in irregularised forms of migration and as an analytical perspective on migration processes and practices. Waiting as an analytical perspective offers new insights into the complex and shifting nature of processes of bordering, belonging, state power, exclusion and inclusion, and social relations in irregular migration. The chapters in this book address legal, bureaucratic, ethical, gendered, and affective dimensions of time and migration. A key concern is to develop more theoretically robust approaches to waiting in migration as constituted in and through multiple and relational temporalities. The chapters highlight how waiting is configured in specific legal, material, and socio-cultural situations, as well as how migrants encounter, incorporate, and resist temporal structures. This collection includes ethnographic and other empirically based material, as well as theorizing that cross-cut disciplinary boundaries. It will be relevant to scholars from anthropology and sociology, and others interested in temporalities, migration, borders, and power. 

New York: London: Routledge, 2021. 229p.

Regularisations of Irregularly Staying Migrants in the EU: A Comparative Legal Analysis of Austria, Germany and Spain

By Kevin Fredy Hinterberge

‘Combatting’ irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU’s return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to ‘combat’ the problem of irregularly staying migrants. This is why the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at ‘combatting’ irregular migration at EU level.

 Baden-Baden: NomosHart Publishing, 2023. 398p.

(Re) Figuring Human Enslavement: Images of Power, Violence and Resistance

Edited by Ulrich Pallua, Adrian Knapp and Andreas Exenberger

"The publications of the interdisciplinary and internationally networked Research Platform “World Order – Religion – Violence” seek to improve our understanding of the relationship between religion, politics and violence. It therefore deals especially with the return of religious themes and symbols into politics, with the analysis of the link between political theory and religion, and finally with the critical discussion of the secularization thesis. At the centre of the research are questions concerning the causes of violent conflict, the possibilities for a just world order and the conditions for peaceful coexistence on a local, regional, national and international/worldwide scale between communities in the face of divergent religious and ideological convictions. Its task is to initiate and coordinate thematically related research-efforts from various disciplinary backgrounds at the University of Innsbruck. It creates a network between departments, research-teams and single researchers working on topics of religion, politics and violence. The overall aim of the research platform World Order-Religion-Violence is to promote excellence in social and human science research on religion and politics at the University of Innsbruck and to guarantee the diffusion of this particular competence on a national and international level."

Innsbruck: innsbruck university press, 2009. 256p.

Migrants and Migration in Modern North America: Cross-Border Lives, Labor Markets, and Politics

Edited by  Dirk Hoerder and Nora Faires

Presenting an unprecedented, integrated view of migration in North America, this interdisciplinary collection of essays illuminates the movements of people within and between Canada, the Caribbean, Mexico, and the United States over the past two centuries. Several essays discuss recent migrations from Central America as well. In the introduction, Dirk Hoerder provides a sweeping historical overview of North American societies in the Atlantic world. He also develops and advocates what he and Nora Faires call “transcultural societal studies,” an interdisciplinary approach to migration studies that combines migration research across disciplines and at the local, regional, national, and transnational levels. The contributors examine the movements of diverse populations across North America in relation to changing cultural, political, and economic patterns.

Durham, NC: Duke University Press, 2011. 458p.

Shelter from the Storm: Better Options for New York City’s Asylum-Seeker Crisis

By John Ketchamand Daniel Di Martino   
SSince the summer of 2022, more than 70,000 asylum seekers have arrived in New York City, stretching public resources to their limit. The massive influx has been particularly challenging given the city’s “right to shelter,” the result of a 1979 lawsuit, Callahan v. Carey, and corresponding consent decree, which required the city to provide immediate shelter to those who request it, regardless of the number of applicants or the availability of resources. In order to comply with this requirement, the city has housed some 40,000 migrants in shelters—which has led to an approximately 70% spike in the shelter population in a single year. NYC is currently supporting more than 170 emergency shelters and 10 additional large-scale humanitarian relief centers.

Shelters and relief centers simply cannot house all the newly arrived migrants, which has forced the city to procure approximately 4,500 hotel rooms in unionized facilities,[1] often through expensive contracts that provide bonanzas to owners and the city’s hotel-worker unions. Most notably, on May 13, Mayor Eric Adams announced that the historic 1,025-room Roosevelt Hotel, located in the heart of Midtown East, would become New York City’s central migrant intake center,[2] at a reported cost of $225 million.[3] In addition to hosting hundreds of families and individuals on-site, the location will process all arriving asylum seekers and provide them with a range of city services, including government-issued ID cards, public-school and health-insurance enrollment, mental-health counseling, and more.

New York: Manhattan Institute, 2023. 19p.