By Christopher Levesque , Jack DeWaard, Linus Chan, Michele Garnett McKenzie, Kazumi Tsuchiya, Olivia Toles, Amy Lange, Kim Horner, Eric Ryu and Elizabeth Heger Boyle

Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, and belonging in the United States), and a third pertaining to their status as “impossible subjects” (stories rendering non-citizens “illegal,” categorically excludable, and contradictory to the law). Findings demonstrate that the courts’ prioritization of these three narratives disconnects detainees from their own socially organized experience and prevents them from fully engaging in the immigration court process. In closing, we discuss the potential implications of crimmigrating narratives for the US immigration legal system and non-citizen status.

Law & Social Inquiry , Volume 48 , Issue 2 , May 2023 , pp. 407 - 436

By Kim Voss, Fabiana Silva & Irene Bloemraad

Activists do not just ‘name’ problems faced by migrants; they ‘frame’ them, constructing a particular meaning of the social world. Activists in the United States are especially likely to use rights language. Some appeal to human rights; others call on the history and resonance of civil rights. Those who contest immigrant inclusion often instead evoke ‘American values’. Are these competing frames persuasive? Drawing on a survey experiment of California voters, we examine whether these frames affect support for undocumented immigrants and U.S. citizens in need. We find that although respondents agree that food insecurity, sexual harassment, and inadequate health care violate the human rights of citizens and noncitizens equally, a human rights frame does not equalise support for government action to address the situation. Indeed, overall, respondents are much less supportive of government action for undocumented immigrants than citizens; neither rights nor value frames mitigate this inequality. The civil rights frame, relative to the American values frame, actually decreases respondents’ support for government action, for citizens and noncitizens alike. The type of hardship also matters: in scenarios concerning sexual harassment, legal status is not a barrier to claims-making. These findings reveal some limits of rights language for mobilisation around immigration.

Journal of Ethnic and Migration Studies, 2019.

By Valeria Gomez

Using the procedural due process framework set forth by the Supreme Court in Mathews v. Eldridge, I argue that the current geographic distribution of immigration courts violates respondents’ rights to procedural due process by inhibiting their ability to appear, present evidence, and secure counsel. In so doing, I highlight the detrimental effects that geography has on remote communities, such as their ability to build pipelines towards access to counsel. Finally, I weigh and propose alternative solutions that balance the government’s interests in efficiency with the respondents’ interests in having a meaningful opportunity to avoid the harsh consequences of deportation.

Wisconsin Law Review, 2023. 45p.

Legally reviewed by Miriam Domer

Though some may mistakenly believe otherwise, noncitizens (also called undocumented immigrants) have a number of legal rights in the United States. These may include the right to due process and a jury trial in certain court proceedings, the right to payment for their work, the right to defend against deportation, and many more.

People who are facing deportation or who have had their Constitutional rights violated may have legal recourse through a number of immigrant-focused resources.

Legal Rights Guide. https://www.legalfinders.com/immigrants-legal-rights-guide/ 2022. 22p.

Edited by Barak Kalir and Malini Sur

This book is a collection of ethnographies of transnational migration and border crossings in Asia. Interdisciplinary in scope, it addresses issues of mobility and Diaspora from various vantage points. Unique to this volume is an emphasis of studying globalisation from below, privileging the narratives and views of —people on the move˜ ­ or the transnational underclass ­ and their sense of belonging to places and communities. The collection is further distinguished by its focus on the sources of authority and the social configurations that are created in the intersections between legality and illegality across Asia. Though previous studies on transnational flows have deconstructed the notion of nation-states as having fixed political boundaries, and have engaged in spaces beyond the nation-states, seldom has an entire region, Asia, been privileged in one integrated volume. We emphasize hitherto marginalized debates that have significant policy relevance. Other than a serious academic interest from lecturers and students, we are confident that the book will be of significant interest for development practitioners and NGOs.

Amsterdam: Amsterdam University Press, 2012. 268p.

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

The report contains five recommendations aimed at improving management of, and conditions in, CBP short-term holding facilities in the El Paso area of western Texas and New Mexico. Your office concurred with all five recommendations. Based on information provided in your response to the draft report, we consider these recommendations open and resolved. Once your office has fully implemented the recommendations, please submit a formal closeout letter to us within 30 days so that we may close the recommendations. The memorandum should be accompanied by evidence of completion of agreed upon corrective actions and of the disposition of any monetary amounts.

Washington DC: DHS, 2023. 40p.

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.