By Massimo Anelli Bocconi, Tommaso Colussi and Andrea Ichino

Using census data, we study false birth-date registrations in Italy, a phenomenon well known to demographers, in a setting that allows us to separate honesty from the benefits of cheating and deterrence. By comparing migrants leaving a locality with those who remain in it, we illustrate the tendency of Italians to sort themselves across geographic areas according to their honesty levels. Over time, this tendency has modified the average honesty level in each locality, with relevant consequences for the distribution across geographic areas of outcomes like human capital, productivity, earnings growth, and the quality of local politicians and government

The Journal of Law and Economics. Volume 66, Number 2. May 2023

By Anniina Jokinen, Natalia Ollus and Anna-Greta Pekkarinen

THIS REVIEW examines the development, regulation and combating of labour trafficking and the exploitation of migrant labour on the basis of an extensive selection of written materials and previous literature. The review highlights findings regarding key actors, their roles, and the most significant changes that have taken place in Finland. In addition, the review briefly analyses Finnish legislation and case law and makes a comparison with other Nordic countries. Finally, an assessment of Finland's approach to tackle labour exploitation and the factors that have led to Finland's current situation is presented, and existing gaps are identified. According to the review, Finnish authorities have in many ways a better ability to tackle labour trafficking and to support its victims than the authorities in the other Nordic countries. Finland has been able to intervene in labour exploitation at least to a certain extent, and the phenomenon has been widely recognized. On the other hand, many remaining problems have been identified, particularly with regard to pre-trial investigations and the enforcement of criminal liability. In the future there should be more consideration to the needs of victims of exploitation, even in situations where the case is not classified as human trafficking. In addition, structural multi-agency cooperation should be developed to combat labour exploitation. Structural multi-agency cooperation will help to ensure that cases of exploitation and trafficking are dealt with comprehensively, that perpetrators are brought to justice and that the rights of victims are respected.

Helsinki: HEUNI, 2023. 74p.

By Paul Gowder

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.

Oxford; London; New York: Hart, 2021. 215p.

By Magdalena Kmak

This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.

Abington, Oxon: New York: Routledge, 2024. 205p.

Edited by Herbert R. Reginbogin, ‎Christoph Safferling

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly recurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

Berlin: De Gruyter Saur, 2006. 320p.

Edited by Carin Kuoni and Laura Raicovich

There have been few times in US American history when the very concept of freedom of speech—its promise and its contradictions—has been under greater scrutiny. Guided by acclaimed artist, filmmaker, and activist Amar Kanwar, the Vera List Center for Art and Politics at The New School convened a series of public seminars on freedom of speech with the participation of some of the most original thinkers and artists on the topic. Structured as an open curriculum, each seminar examined a particular aspect of freedom of speech, reflecting on and informed by recent debates around hate speech, censorship, sexism, and racism in the US and elsewhere. Studies into Darkness emerges from these seminars as a collection of newly commissioned texts, artist projects, and resources that delve into the intricacies of free speech. Providing a practical and historical guide to free speech discourse and in-depth investigations that extend far beyond the current moment, and featuring poetic responses to the crises present in contemporary culture and society around expression, this publication provocatively questions whether true communication is ever attainable.

Amherst, MA: Amherst College Press, 2022. 390p.

By Doug Coulson

All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse.

First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation.

Amherst, MA: Amherst College Press, 2023. 285p.

By Mohamed Daghar

Summary: In September 2014 Kenya banned the exportation of labour to the Middle East because workers were being trafficked by criminal networks offering them jobs. This policy brief focuses on the criminals who continue to drive this market and examines attempts by the government and other stakeholders to outlaw the practice. While the measures in place are commendable, they are inadequate. Many gaps still enable criminals to continue operating in a lucrative, quasi-regulated market. The field study conducted revealed that human trafficking persists in Kenya. Key findings ∙ Kenyans trafficked to the Middle East are often exposed to inhumane conditions that many reports describe as ‘modern slavery’. ∙ Despite reforms intended to prevent this, the trafficking of Kenyans to the Middle East continues. ∙ Stakeholders approach the issue mainly as a human rights concern rather than as a humantrafficking crime. ∙ The interventions in place are inadequate and the exclusive focus on rights has diverted attention from the criminality involved. ∙ Reassessing the problem as human trafficking will shift attention to Kenya’s ability to both protect its workers abroad and combat transnational crime.

ENACT - Africa, 2020. 16p.

USED BOOK. MAY CONTAIN MARK-UP

Edited by Jabari Asim

FROM THE INTRODUCTION: “In the course of completing this book, I have on more than one occasion fielded well-intentioned queries regarding the progress of "Twelve Angry Men," although I have never burdened this project with such a broad and inaccurate title. I realize that misperceptions of this sort can be seen as illustrating the extent to which Reginald Rose's play has penetrated American imaginations, but they more likely result from people of various ethnicities quickly assuming that any black man's contribution to discussions of justice will inevitably be angry. It's ironic that no matter what subject is being addressed, convenient categorization becomes a trap that we black men must evade if we want to be heard, much less understood. Our fellow citizens' inability (or, in some cases, unwillingness) to recognize our true selves accompanies our struggle across widely disparate contexts. It is as easy to see us as angry as it is to assume that we are criminal-minded. While anger is certainly expressed in these pages, it is merely one of a host of responses, as varied and eloquent as the men who have written them….”

NY. Harper Collins. 2001. 185p.

By American Immigration Council

From the document: "The United States has broad authority to detain certain categories of migrants and others seeking humanitarian protection as their proceedings wind their way through the immigration legal system. This detention is 'civil' by definition (as opposed to criminal), meaning that it should not be punitive in nature. Despite this technical legal distinction, most immigration detention infrastructure is indistinguishable from the criminal detention context, in some instances using the same facilities and private corporations to operate detention centers and jails. [...] Alternatives to detention (ATDs) are defined as 'any legislation, policy or practice, formal or informal, that ensures people are not detained for reasons relating to their migration status. Alternatives to detention can refer to a wide range of programs that run the gamut from no governmental intervention to extensive surveillance and restrictions on liberties. Generally, alternatives to detention in the immigration context fall into the following categories: 1. Release on your own recognizance (i.e., no detention and no conditions on release)[;] 2. Release on conditions[;] 3. Release on bail/bond or other surety[;] 4. Community-based supervised release or case management[;] 5. Designated residence at a specific accommodation center[;] 6. Electronic tagging and/or tracking[;] 7. Home curfews[.]"

American Immigration Council. 2023. 10p.

By John Ketcham and Daniel Di Martino

Since 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, often through expensive contracts …

New York: Manhattan Institute, 2023. 19p.

By Adam Isacson, Ana Lucia Verduzco, and Maureen Meyer

Over 10 days in late April and early May 2023, a team of researchers from the Washington Office on Latin America (WOLA) visited Honduras to examine the challenges of migration at a historic moment of human mobility in the Americas. We wanted to understand international migration through Honduras, which grew quickly from a trickle to a torrent after migration through Panama’s treacherous Darién Gap region began on a large scale in 2021. WOLA and other groups have examined the migration phenomenon in the U.S.-Mexico and Mexico-Guatemala border regions, and other organizations have looked at the DariÈn Gap. The situation of migrants crossing Honduras, however, has received very little attention….

Washington, DC: Washington Office on Latin America (WOLA), 2023. 29p.

By Ana María Ibáñez, Sandra V. Rozo and Dany Bahar

Do undocumented migrants change their propensity to report or commit a crime after receiving a regular migratory status? This paper studies a massive amnesty program that gave regular migratory status to over 281,000 undocumented Venezuelan migrants in Colombia. Findings suggest that the amnesty did not result in more crimes committed by Venezuelan migrants, only an increase in the number of crimes they reported. Results are very strong for reports of domestic violence and sex crimes and are almost entirely driven by Venezuelan women, suggesting that empowerment is an important mechanism underlying the behavior change.

Policy Research Working Paper 9833. New York: The World Bank, 2021. 48p.

By Thomas Pearson

This dissertation consists of three chapters concerning migration and immigration policy. The first chapter studies how increased U.S. deportations affect Mexican labor markets using variation in migrant networks and Secure Communities (SC), a policy which expanded local immigration enforcement. I show that in the short run, deportations increase return migration and decrease monthly earnings for local Mexicans with less than a high school degree. Deportations also increase net outflows within Mexico and emigration to the U.S. The negative short run effects are not driven by falls in remittance income or increases in crime as deportations increase both the share of households receiving remittances and the total amount received and they do not affect homicide rates. The results instead point to increased labor market competition as a result of return migration. Lastly, I show that the negative short run effects of this labor supply shock are larger in localities with worse infrastructure and less access to the financial sector. These results help explain the large negative effects on earnings as many migrants return to less developed regions where these frictions are prevalent. The second chapter studies how immigration status affects crime reporting and victimization. I focus on Deferred Action for Early Childhood Arrivals (DACA), a policy that temporarily protects youth from deportation and provides work authorization. For identification, I compare likely undocumented immigrants around the policy's age eligibility cut-off over time. DACA eligibility of the victim increased the likelihood that the crime was reported to the police, which is consistent with DACA reducing fears of deportation. DACA eligibility also decreased victimization rates for women. Overall, the results suggest that immigrant legalization increases engagement with police and reduces the likelihood of victimization. …

Boston: Boston University, 2022. 255p.

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.

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

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

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.

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.

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.