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

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

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

By George Fishman

  • Juveniles commit a large number of serious offenses. In 2020, there were 1,353 known juvenile homicide offenders. In 2019, juveniles constituted 21 percent of all arrests for robbery, 20 percent for arson, 17 percent for car theft, 12 percent for burglary, 10 percent for larceny-theft and weapons offenses, eight percent for murder, and seven percent for aggravated assault. In 2012, the last year for which data is available, juveniles accounted for 14 percent of all arrests for forcible rape. • Despite the successful framing of DREAMers and DACA recipients as young people with no criminal records, it turns out that many were affiliated with gangs and many had arrest records when granted DACA benefits, and many others saw their DACA status terminated because of criminal activity. As USCIS has admitted, “[t]he truth is that we let those with criminal arrests for sexually assaulting a minor, kidnapping, human trafficking, child pornography, or even murder be provided protection from removal.” • Juvenile perpetrators are much more likely to be processed through a juvenile justice system than a criminal court. The Los Angeles County District Attorney made the decision (still largely in effect) to not send any juveniles to criminal court, no matter the gravity of their crimes. • Most juveniles adjudicated delinquent in juvenile court are not placed into any sort of out-of-home detention, including for such offenses as aggravated assault and robbery. • Congress has determined that all aliens (regardless of their immigration status) are subject to removal upon conviction for a wide range of crimes. Congress has also determined that aliens are subject to mandatory detention and are ineligible for a wide range of immigration benefits and relief upon conviction for a wide range of crimes.

Washington, DC: Center for Immigration Studies, 2022. 33p.   

By The Global Human Rights Clinic (GHRC) of the University of Chicago Law School and  United Stateless (USL) 

  Statelessness — the condition of lacking citizenship or nationality in any country of the world — affects more than 10 million people globally. In the United States, conservative estimates put the number of stateless persons at over 200,000. Given that the U.S. provides citizenship to people born on the territory, nearly all stateless persons within the U.S. were born elsewhere. However, the U.S. immigration framework is silent with respect to statelessness, in effect leaving stateless people unrecognized, unprotected and invisible before the law. As persons relegated to a life without legal status, stateless people in the United States are subject to being detained by immigration officials. Because they do not have a country of nationality where they can be deported to, stateless detainees have remained in immigration detention for months or years without any prospect of release, in violation of the U.S. Constitution and international human rights law. In some cases, after undergoing prolonged detention, stateless detainees have been forcibly deported to “third countries” (countries where they are not citizens), thereby perpetuating their condition of legal limbo and further depriving them of protection as required by international law. This report by the Global Human Rights Clinic (GHRC) of the University of Chicago Law School, in partnership with the non-profit organization United Stateless (USL), documents how the U.S. government violates international law by subjecting stateless persons to prolonged, repeated and arbitrary detention. Drawing from interviews with impacted stateless individuals and experts on statelessness, the report sets out specific recommendations for the U.S. government to bring its laws and policies in compliance with international human rights law.  

Chicago: The Global Human Rights Clinic (GHRC) of the University of Chicago Law School,    2022. 88p.

By Lilana Keith

Across Europe, people live and work while having irregular migration status, economically, socially and culturally enriching their communities and countries of residence. Undocumented migrants contribute directly and indirectly to social protection systems, as taxpayers, workers and informal carers. Undocumented workers are a key part of the domestic work and care workforce, caring for children, elderly and people with long-term social support and care needs, and enabling labour market participation and work-life balance.1 Nonetheless, states severely restrict access to social protection for people with temporary, precarious or irregular residence status. Although undocumented migrants face various economic and social risks and vulnerabilities, they are excluded from many of the basic mechanisms of social protection put in place to address vulnerabilities and provide a minimum social safety net, including access to subsidised housing and income security. Such exclusion compounds the risks of in-work poverty, destitution, homelessness, violence and exploitation – all of which undocumented migrants face due to discrimination linked to their residence status. Restrictions on access to social protection associated with a person’s residence permit can also be a major reason for people not being able to renew their permit, if the conditions of their permit require them to be financially independent without recourse to public social assistance. The European Commission notes that housing “has a major influence on immigrants’ employment options, educational opportunities, social interactions, residence situation, family reunification and citizenship rights”.2 Income security is scarce among undocumented migrants due to their precarious employment situations, which can include unsafe working conditions, low pay, long hours, job insecurity, and lack of sick leave.3

Brussels: PICUM, 2022. 38p.  

By David Goodhart  

The Government has steadied the ship in recent weeks after the Liz Truss misadventure. But if there is any chance of winning back some of the 2019 coalition, one condition of being competitive at the next election, the Government will need some visible policy progress in three big areas: NHS performance, levelling up and immigration (including stopping the Channel boats). This paper focuses on that third policy field. Attitudes to immigration have liberalised somewhat since Brexit ended free movement reinforced by the persistent publicity about labour shortages. But anxiety about immigration is likely to rise again sharply following the unprecedented post-Covid surge in legal net migration, with the illegal Channel boats as a backdrop, and the probable revival of the Reform party to highlight Conservative failed pledges on immigration.

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  The net immigration figure of 504,000 in the year to June, easily the largest ever annual increase, creates another headache for the Government but is mainly due to one-off factors—a post-Covid catch up on student migration (277,000) and a surge in mainly legal refugee inflows (276,000) which are unlikely to be repeated, including the large numbers from Ukraine, Hong Kong and Afghanistan. Only about 150,000 of the net migration figure is people coming on work visas (around 20%) but most of them and almost all the students will only be here temporarily. Notwithstanding this unsustainable surge, Britain’s post-Brexit immigration system is broadly striking the right balance. It is already more open than many comparable countries, with greater restrictions on most low paying jobs than in the EU era but with almost two-thirds of jobs subject to a potential work visa. Outside of some very specific areas, such as seasonal agricultural work, there is no case for more liberalisation, especially in the light of the unprecedented half a million number, but this paper makes some suggestions for further reform under three main headings, and concludes with an analysis of the Channel boats problem.  

London: Policy Exchange, 2022. 23p.

By Julia Black & Zoe Sigman

More than 50,000 people worldwide have lost their lives during their migratory journeys since IOM's Missing Migrants Project began documenting deaths in 2014, according to a new IOM report published today (23/11). Despite the increasing loss of life, little action has been taken by governments in countries of origin, transit, and destination to address the ongoing global crisis of missing migrants.

Berlin: Global Migration Data Analysis Centre (GMDAC) and The International Organization for Migration (IOM). 2022. 13p.

By Clara Long

A US Border Patrol agent kneed a woman in the lower pelvis, leaving bruises and pain days later, according to her statement to a government official screening her asylum claim. A CBP officer hit another asylum applicant so hard he was knocked unconscious and suffered brain swelling. An officer wearing a green uniform, consistent with those of the Border Patrol, tried to coerce a different asylum applicant into giving him oral sex in exchange for being released from custody. In another incident, a Border Patrol agent or Customs and Border Protection (CBP) officer forced a girl to undress and then inappropriately touched her. Another asylum applicant was bitten in the testicle by a Border Patrol service dog, denied medical treatment for about one month and ultimately had to have his testicle surgically removed. CBP officials appeared to withhold food from a different man in a freezing cold holding facility until he agreed to sign a paper in a language he did not understand. These are just some of the over 160 allegations of abuse catalogued in internal US Department of Homeland Security (DHS) reports received by Human Rights Watch under the Freedom of Information Act. The records, though heavily redacted, demonstrate that asylum officers within US Citizenship and Immigration Services, another component of DHS, have repeatedly provided internal reports on allegations of assault, sexual abuse, harsh detention conditions, denial of medical care, discriminatory and dehumanizing treatment and due process violations at the border. The US should take urgent and sustained action to stop

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  such abuses by transforming migrant border reception and DHS accountability practices, including ensuring redress for migrants and asylum seekers who have been harmed.

New York: Human Rights Watch, 2021. 83p.

By Hanna Gros

Despite its reputation as a refugee-welcoming and multicultural country, Canada detains thousands of people on immigration-related grounds every year in often abusive conditions. This includes many fleeing persecution and seeking protection in Canada. Based on interviews with former immigration detainees and their relatives, mental health experts, academics, lawyers, civil society representatives, and government officials, “I Didn’t Feel Like a Human in There”, a report by Human Rights Watch and Amnesty International, documents how people in immigration detention are regularly handcuffed, shackled, and held with little to no contact with the outside world. The report finds that many are held in provincial jails with the regular jail population and even subjected to solitary confinement. Canadian law does not establish time limits on detention and immigration detainees can be held for months or years. Many immigration detainees develop suicidal thoughts as they begin to lose hope that they will be released. Individuals with psychosocial disabilities experience discrimination throughout the immigration detention process. They are more likely to be detained in provincial jails rather than immigration holding centers, and many also face significant barriers to release with stricter release conditions. The report calls on the Canadian authorities to gradually abolish immigration detention. Under no circumstances should a person for immigration-related reasons be treated in a punitive manner, including being subjected to solitary confinement, or detained in facilities used for criminal law enforcement, such as jails, or in jail-like facilities.

New York: Human Rights Watch, 2021. 125p.

By Michael Garcia Bochenek

In the two years since the “Remain in Mexico” program began in January 2019, the US Department of Homeland Security (DHS) has sent more than 69,000 people to Mexico while their US asylum claims are pending. This number includes families with children of all ages, some of them with disabilities, including newborns, infants, and toddlers. The program applies to nationals of all Latin American countries, including Brazilians and members of Indigenous communities who do not speak Spanish. Formally known as the “Migration Protection Protocols” (MPP), the program is anything but protective: it has sent people to some of Mexico’s most dangerous cities and needlessly and foreseeably exposed them to considerable risk of serious harm. Those interviewed for this report described being subjected to rape or attempted rape and other sexual assault, abduction for ransom, extortion, armed robbery, and other crimes, in many cases immediately after US authorities sent them to Mexico or as they returned from US immigration court hearings. In some cases, Mexican immigration officers or police committed these crimes. In theory, the MPP has two safeguards against return to harm, but neither is effective in practice. First, US officials are not supposed to send people to Mexico under the program if an asylum officer finds that they are likely to face threats to their lives or freedom or if they would be tortured there. Second, DHS has said that it will not place “vulnerable” people in the MPP. These exemptions are rarely granted, even though Human Rights Watch found many cases that

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  would qualify. MPP hearings were suspended in March 2020 in response to the Covid-19 pandemic and had not resumed by the end of December 2020. Thousands of people are concentrated in dangerous Mexican border towns indefinitely, living lives in limbo, many dependent on the generosity of humanitarian groups and volunteers for accommodation, food, and health care. Many of the people interviewed for this report described changes in their children’s behavior, causing parents increasing feelings of anxiety for their children’s well-being. The Biden administration should immediately terminate the MPP program and allow those placed in the MPP to reenter the United States and remain until their asylum claims are resolved.

New York: Human Rights Watch, 2021. 115p.

By Elizabeth G. Kennedy and Alison Parker,, et al.

The US is deporting Salvadorans to death and abuse. Deported to Danger identifies 138 cases of Salvadorans who, since 2013, were killed after deportation from the United States and more than 70 others who were beaten, sexually assaulted, extorted, or tortured. People deported to El Salvador are sometimes targeted by the same abusers they originally fled—such as gangs or former intimate partners—or are targeted for reasons, such as their status as a deportee, their neighborhood of origin, or perceived wealth, that US government officials should take into account when deciding their eligibility for asylum or other protection from deportation. US authorities should strengthen, not further weaken, asylum protections, ensuring that all asylum-seekers receive dignified treatment via procedures that ensure full and fair consideration of their claims. Human Rights Watch also urges the United States to take a step further and offer “complementary protection” to anyone, including Salvadorans, facing a real risk of serious harm upon return. Instead of closing the door on Salvadorans and others fleeing their homelands, the US should ensure their protection.

New York: Human Rights Watch, 2020. 123p.

By New York Lawyers for the Public Interest

“Still Detained and Denied,” documents serious, often life-threatening deficiencies in the medical care provided to New Yorkers in area immigration detention facilities. The healthcare crisis in immigration detention has worsened over the past several years and has become even more urgent as COVID-19 spreads through communities, including in federal detention facilities and local jails. Based on more than 100 people’s experiences in New York and New Jersey immigration detention jails, NYLPI’s report outlines the government’s damaging and sometimes deadly failures to provide adequate medical treatment, identifies the coronavirus pandemic as an additional reason to release all immigrant detainees, and makes extensive recommendations for change.

New York: New York Lawyers for the Public Interest, 2020. 37p.

By Arezo Malakooti

The overall objective of this study is to understand the political economy of migrant detention in Libya, in both the official and non-official detention systems. The study was launched in October 2018 and the report was finalized in April 2019. The study was conducted by means of a qualitative approach, based on primary field research spanning four research modules: literature review, initial screening of detention centres in Libya, primary field interviews with migrants and with a variety of key informants (armed groups, authorities, smugglers, detention-centre staff, programme implementers). The methodology was route focused and, as such, involved interviews in four countries: Niger, Libya, Italy and Malta. A total of 85 key informant interviews were conducted and 75 in-depth interviews were conducted with migrants (160 in-depth interviews in total).

Geneva: Global Initiative Against Transnational Organized Crime, 2019. 111p.

By Ceres Policy Research Institute

As detention capacity increases, so do ICE apprehensions. This link illuminates certain truths for the immigrant rights movement. If the existence of an immigration detention center brings the harms of ICE’s enforcement presence to a community, the inverse tells us that immigrant community members become safer when a detention facility shuts down. Moreover, it sheds light on how eliminating detention capacity is crucial to scaling back ICE’s enforcement regime. Because immigration detention is the crux of ICE’s deportation pipeline and a driving force behind enforcement activity patterns, shrinking and ultimately abolishing the detention system must be a priority in the fight for immigrant justice. ICE has built and expanded a massive infrastructure of immigration jails, surveillance programs, and enforcement agents. The current enforcement-centered response to migration, supported by ever-increasing Congressional appropriations, has resulted in hundreds of thousands of deportations each year. Over the last two decades, the budget for ICE’s Enforcement and Removal Operations (ERO), which includes its account for immigration detention, has quadrupled. Prior to the COVID-19 pandemic, detention levels hit historic peaks of more than 50,000 people per day.

Detention Watch Network and the Immigrant Legal Resource Center, 2022. 10p.

By Jorge Ramos with Kristina Cordero (Translator)

On May 14, 2003, a familiar risk-filled journey, taken by hopeful Mexican immigrants attempting to illegally cross into the United States, took a tragic turn. Inside a sweltering truck abandoned in Texas, authorities found at least 74 people packed into a "human heap of desperation." After months of investigation, a 25-year-old Honduran-born woman named Karla Chavez was found responsible for leading the human trafficking cell that led to this grisly tragedy in which 19 people died. Through interviews with survivors who had the courage to share their stories and conversations with the victims' families, and in examining the political implications of the incident for both U.S. and Mexican immigration policies, Jorge Ramos tells the story of one of the most heartbreaking episodes of our nation's turbulent history of immigration.

New York: Harper Collins, 2006. 208p.

By Anna O. Law

This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the U.S. Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Anna O. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called "the federal courts" or "the courts," for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

Cambridge, UK; New York: Cambridge University Press, 2010. 282p.

By Teresa Hayter

In this new edition of Open Borders, Teresa Hayter assesses the impact of the increasing severity of border controls since they were first introduced and makes the controversial case for their abolition. Hayter focuses on postwar immigration controls, especially the use of such controls against the peoples of former European colonies and East Europeans, and their effects on asylum seekers. She examines the recent history of European coordination of border controls and the notion of ‘Fortress Europe’. Hayter argues that the existence of controls leads to great suffering and abuse of human rights, and that immigration controls are racist and help legitimate racism. She demonstrates that immigration controls have actually had a limited impact on controlling numbers. To illustrate her arguments, she draws on empirical material, especially from Britain in the 1980s and 1990s, relating in particular to the use of detention, arbitrary decision-making and the denial of benefits. She compares British government policies with policies elsewhere in Europe and calls for the free movement of people and the abolition of border controls. The new edition brings this seminal work up to date with a lengthy preface exploring how the practices of the British government over the past few years has continued the process Hayter outlines in the main text – of abusive and irrational border controls and the criminalisation of entire communities. This second edition also updates the bibliography and list of campaigning groups, and ends with a new manifesto for a world without borders, declaring 'no one is illegal!'

London; Ann Arbor, MI: Pluto Press, 2004. 240p.

Edited by Agustín Escobar Latapí and Claudia Masferrer

This open access Regional Reader describes how Mexico - United States migration changed substantially during the first decade of the 21st Century. The book provides an in-depth analysis on the changes in the flows into and out of both countries, thus highlighting the issues arising from Mexico - US migration as well as addressing the large numbers of adults and children entering Mexico from the United States. It covers how this tidal change affects the Hispanic population of the U.S. and return migrants' reincorporation in Mexico; their jobs, access to school, health and access to health services, how fear became a dominant aspect of Mexicans’ lives in the U.S., and the role played by crime and social policy in Mexico.

Cham: Springer Nature, 2022. 278p.

By David Bacon

For two decades veteran photojournalist David Bacon has documented the connections between labor, migration, and the global economy. In Illegal People Bacon explores the human side of globalization, exposing the many ways it uproots people in Latin America and Asia, driving them to migrate. At the same time, U.S. immigration policy makes the labor of those displaced people a crime in the United States. Illegal People explains why our national policy produces even more displacement, more migration, more immigration raids, and a more divided, polarized society.Through interviews and on-the-spot reporting from both impoverished communities abroad and American immigrant workplaces and neighborhoods, Bacon shows how the United States' trade and economic policy abroad, in seeking to create a favorable investment climate for large corporations, creates conditions to displace communities and set migration into motion. Trade policy and immigration are intimately linked, Bacon argues, and are, in fact, elements of a single economic system. In particular, he analyzes NAFTA's corporate tilt as a cause of displacement and migration from Mexico and shows how criminalizing immigrant labor benefits employers. For example, Bacon explains that, pre-NAFTA, Oaxacan corn farmers received subsidies for their crops. State-owned CONASUPO markets turned the corn into tortillas and sold them, along with milk and other basic foodstuffs, at low, subsidized prices in cities. Post-NAFTA, several things happened: the Mexican government was forced to end its

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  subsidies for corn, which meant that farmers couldn't afford to produce it; the CONASUPO system was dissolved; and cheap U.S. corn flooded the Mexican market, driving the price of corn sharply down. Because Oaxacan farming families can't sell enough corn to buy food and supplies, many thousands migrate every year, making the perilous journey over the border into the United States only to be labeled "illegal" and to find that working itself has become, for them, a crime. Bacon powerfully traces the development of illegal status back to slavery and shows the human cost of treating the indispensable labor of millions of migrants-and the migrants themselves-as illegal. Illegal People argues for a sea change in the way we think, debate, and legislate around issues of migration and globalization, making a compelling case for why we need to consider immigration and migration from a globalized human rights perspective.

Boston: Beacon Press, 2009. 272p.

Edited by Tina Magazzini and Stefano Piemontese

This open access book presents a cross-disciplinary insight and policy analysis into the effects of European legal and political frameworks on the life of ‘Roma migrants’ in Europe. It outlines the creation and implementation of Roma policies at the European level, provides a systematic understanding of identity-based exclusion and explores concrete case studies that reveal how integration and immigration policies work in practice. The book also shows how the Roma example might be employed in tackling the governance implications of our increasingly complex societies and assesses its potential and limitations for integration policies of vulnerable groups such as refugees and other discriminated minorities. As such the book will be of interest to academics, practitioners, policy-makers and a wider academic community working in migration, refugee, poverty and integration issues more broadly.

Cham: Springer Nature, 2019. 242p.

By Luke Ritter

"Why have Americans expressed concern about immigration at some times but not at others? In pursuit of an answer, this book examines America’s first nativist movement, which responded to the rapid influx of 4.2 million immigrants between 1840 and 1860 and culminated in the dramatic rise of the National American Party. As previous studies have focused on the coasts, historians have not yet completely explained why westerners joined the ranks of the National American, or “Know Nothing,” Party or why the nation’s bloodiest anti-immigrant riots erupted in western cities—namely Chicago, Cincinnati, Louisville, and St. Louis. In focusing on the antebellum West, Inventing America’s First Immigration Crisis illuminates the cultural, economic, and political issues that originally motivated American nativism and explains how it ultimately shaped the political relationship between church and state. In six detailed chapters, Ritter explains how unprecedented immigration from Europe and rapid westward expansion reignited fears of Catholicism as a corrosive force. He presents new research on the inner sanctums of the secretive Order of Know-Nothings and provides original data on immigration, crime, and poverty in the urban West. Ritter argues that the country’s first bout of political nativism actually renewed Americans’ commitment to church-state separation. Native-born Americans compelled Catholics and immigrants, who might have otherwise shared an affinity for monarchism, to accept American-style democracy. Catholics and immigrants forced Americans to adopt a more inclusive definition of religious freedom. This study offers valuable insight into the history of nativism in U.S. politics and sheds light on present-day concerns about immigration, particularly the role of anti-Islamic appeals in recent elections.

New Yori: Fordham University Press, 2021. 267p.