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Posts in Equity
Immigration Justice

By Peter Higgins

What moral standards ought nation-states abide by when selecting immigration policies? Peter Higgins argues that immigration policies can only be judged by considering the inequalities that are produced by the institutions - such as gender, race and class - that constitute our social world.Higgins challenges conventional positions on immigration justice, including the view that states have a right to choose whatever immigration policies they like, or that all immigration restrictions ought to be eliminated and borders opened. Rather than suggesting one absolute solution, he argues that a unique set of immigration policies will be just for each country. He concludes with concrete recommendations for policy-making.

Edinburgh: Edinburgh University Press, 2013. 281p.

An Immigrant's Run-in with the Law: A Forensic Linguistic Analysis

By Kristina Beckman

Beckman applies linguistic theory to a single, actual court case. The case, U. S. v. L. Kong (CR00-0956-TUC-RCC), involves a licensed gun dealer who was charged with illegally selling weapons. His defense was that his abilities in English his first language is Chinese were not sufficient to understand some of the minor points of law. Therefore, there was no intent on his part to disobey the law and his actions were simply the result of a misunderstanding. This book examines his claim through applied forensic linguistic techniques. While a single text serves as the foundation for discussion, other representative cases are also included. Readers follow how a forensic linguist approaches a real case. Beckman's book offers a clear understanding of both the theory and practical application behind forensic linguistic research.

New York: LFB Scholarly Publishing , 2007. 212p.

Immigration Detention and Human Rights: Rethinking Territorial Sovereignty

By Galina Cornelisse

Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Leiden: Martinus Nijhoff Publishers, 2010. 403p.

Immigration Detention, Risk and Human Rights: Studies on Immigration and Crime

Edited by Maria João Guia, Robert Koulish, Valsamis Mitsilegas

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants.

In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Cham: Springer, 2016. 293p.

Race, Immigration, and Social Control: Immigrants’ Views on The Police

By Ivan Y. Sun and Yuning Wu

This book discusses the issues surrounding race, ethnicity, and immigrant status in U.S. policing, with a special focus on immigrant groups’ perceptions of the police and factors that shape their attitudes toward the police. It focuses on the perceptions of three rapidly growing yet understudied ethnic groups – Hispanic/Latino, Chinese, and Arab Americans. Discussion of their perceptions of and experience with the police revolves around several central themes, including theoretical frameworks, historical developments, contemporary perceptions, and emerging challenges. This book appeals to those interested in or researching policing, race relations, and immigration in society, and to domestic and foreign government officials who carry law enforcement responsibilities and deal with citizens and immigrants in particular.

Palgrave, 2018. 195p.

Companies and the Australian Immigration Detention System: Profiting from Human Rights Abuse

By Brynn O'Brien

Australia sends asylum seekers to offshore camps where they are detained indefinitely and subjected to well documented abuses, in violation of their human rights.

The Australian Government outsources the operations at the camps, and Spanish company Ferrovial has responsibility for the system’s largest operational contracts, through its wholly-owned subsidiary, Broadspectrum. Investors in Ferrovial, including the Norwegian Pension Fund, are exposed to the significant risks of association with human rights abuse.

Canberra: Australia Institute, 2016. 29p.

Illegal Immigration and Crime in Texas

By Alex Nowrasteh, Andrew C. Forrester and Michelangelo Landgrave

Donald J. Trump launched his candidacy for the Republican presidential nomination in June 2015 by comments on illegal immigrants and the crime they commit in the United States. “When Mexico sends its people, they’re not sending their best. They’re not sending you. They’re not sending you,” he said. “They’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs, they’re bringing crime, they’re rapists, and some, I assume, are good people.”1 A few weeks after Trump’s announcement, 32- year-old Kate Steinle was shot and killed by an illegal immigrant Jos´e Inez Garc´ıa Z´arate in San Francisco, California. Although Z´arate was later acquitted of all murder and manslaughter charges due to mistakes made by the prosecutor, his shooting of Steinle seemed to support Trump’s worry about illegal immigrants causing a crime spree and helped win him the election in 2016. As tragic as the shooting and death of Kate Steinle was, it was one of the 13,455 murders that year in the United States and it does not tell us how many of those victims were murdered by illegal immigrants.2 The most important measure that matters when judging the crime rates of illegal immigrants is how likely they are to be criminals compared to other sub-populations. If illegal immigrants are more likely to be criminals then their presence in the United States would raise crime rates, supporting Trump’s assertions. But if illegal immigrants are less likely to commit crime then they would lower the nationwide crime rate. Politically, this debate spills over to evaluating whether domestic immigration enforcement policies reduce crime. Illegal immigrant crime is also central to the debate over sanctuary jurisdictions that refuse to turn over many illegal immigrants to Immigration and Customs Enforcement, the effects of a border wall, and whether Border Patrol requires more resources to counter crime along the border. Answering whether illegal immigrants are particularly crime prone is essential to addressing these concerns and setting efficient anti-crime policies.

Washington, DC: Cato Institute, 2020. 30p.

The Criminalization of Immigration in the United States

By Walter A. Ewing, Daniel E. Martinez and Rubén G. Rumbaut

For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime. This holds true for both legal immigrants and the unauthorized, regardless of their country of origin or level of education. In other words, the overwhelming majority of immigrants are not “criminals” by any commonly accepted definition of the term. For this reason, harsh immigration policies are not effective in fighting crime. Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence. As a result, immigrants have the stigma of “criminality” ascribed to them by an ever-evolving assortment of laws and immigration-enforcement mechanisms. Put differently, immigrants are being defined more and more as threats. Whole new classes of “felonies” have been created which apply only to immigrants, deportation has become a punishment for even minor offenses, and policies aimed at trying to end unauthorized immigration have been made more punitive rather than more rational and practical. In short, immigrants themselves are being criminalized.

Washington, DC: American Immigration Council, 2015. 28p.

Do Immigrants Threaten U.S. Public Safety?

By Pia Orrenius and Madeline Zavodny

Opponents of immigration often claim that immigrants, particularly those who are unauthorized, are more likely than U.S. natives to commit crimes and that they pose a threat to public safety. There is little evidence to support these claims. In fact, research overwhelmingly indicates that immigrants are less likely than similar U.S. natives to commit violent and property crimes, and that areas with more immigrants have similar or lower rates of violent and property crimes than areas with fewer immigrants. There are relatively few studies specifically of criminal behavior among unauthorized immigrants, but the limited research suggests that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants. Evidence about legalization programs is consistent with these findings, indicating that a legalization program reduces crime rates. Meanwhile, increased border enforcement, which reduces unauthorized immigrant inflows, has mixed effects on crime rates. A large-scale legalization program, which is not currently under serious consideration, has more potential to improve public safety and security than several other policies that have recently been proposed or implemented.

Dallas: Federal Reserve Bank of Dallas, 2019. 19p.

The Effects of Sanctuary Policies on Crime and the Economy

By Tom K. Wong

As the Trump administration begins to implement its immigration policy agenda, the issue of local assistance with federal immigration enforcement officials is back in the spotlight. So-called sanctuary jurisdictions are one focus of that debate. Sanctuary counties—as defined by this report—are counties that do not assist federal immigration enforcement officials by holding people in custody beyond their release date. Using an Immigration and Customs Enforcement, or ICE, dataset obtained via a Freedom of Information Act request filed by the Immigrant Legal Resource Center, the analyses in this report provide new insights about how sanctuary counties perform across a range of social and economic indicators when compared to non-sanctuary counties.

Washington, DC: Center for American Progress, 2018. 27p.

Immigration and Public Safety

By Nazgol Ghandnoosh and Josh Rovner

Starting from his first day as a candidate, President Donald Trump has made demonstrably false claims associating immigrants with criminality. As president, he has sought to justify restrictive immigration policies, such as increasing detentions and deportations and building a southern border wall, as public safety measures. He has also linked immigrants with crime through an Executive Order directing the Attorney General to establish a task force to assist in “developing strategies to reduce crime, including, in particular, illegal immigration, drug trafficking, and violent crime,” and by directing the Department of Homeland Security to create an office to assist and publicize victims of crimes committed by immigrants. By surveying key research on immigration and crime, this report seeks to enable the public and policymakers to engage in a more meaningful policy debate rooted in facts. Immigrants’ impact on public safety is a well-examined field of study.

Washington, DC: The Sentencing Project, 2017. 18p.

Enhancing Community Policing with Immigrant Populations: Recommendations from a Roundtable Meeting of Immigrant Advocates and Law Enforcement Leaders

By Kristin Littel and Timothy Woods

This report suggests ways to foster partnerships between immigrant advocacy organizations and law enforcement at national, State, and local levels which address the challenges to community policy within immigrant populations. This report summarizes findings on the challenges of interacting with immigrant populations and provides strategies to address these challenges. Issues discussed include: how to address the lack of law enforcement resources, how to address language barriers that exist for law enforcement officers when policing in immigrant communities, how to address inherent immigrant distrust of law enforcement, how to identify community partners, how to develop agency policies locally, what specialized training is needed for law enforcement officers, how to conduct proactive outreach to immigrant populations, what immigrants' concerns are regarding deportation, and what the standard procedures and actions are for Immigration and Customs Enforcement (ICE).

Washington, DC: Office of Community Oriented Policing Services (COPS, 2010. 27p,

Extortion in Central America: Gender, Micro-Trafficking, and Panama

By Guillermo Vázquez del Mercado, Luis Félix, and Gerardo Carballo

Gangs and criminal organizations in Central America continue to seek means of adapting to COVID-19 while communities look to build resilience to its effects. The aim of this report is to contribute to the understanding of extortion in an evolving context as pandemic-related mobility restrictions are enforced and lifted in Guatemala, El Salvador, Honduras, Costa Rica and Panama.

The report identifies the evolving role of women in gang schemes and dynamics; explores criminal structures in Panama and their relationship with extortion; and highlights trends among extortion practices as they shift to other criminal activities such as large-scale and local trafficking of cannabis and cocaine.

Geneva: Global Initiative Against Transnational Organized Crime, 2021. 19p.

Hate Beyond Borders: The Internationalization of White Supremacy

By The ADL (Anti-Defamation League), 2022.

The internationalization of white supremacy is strengthening a hateful and dangerous ideology. White supremacists around the world are meeting online and in person at conferences, capitalizing on the digitalization of information, which has in turn accelerated the international exchange of ideas. These virtual and actual gatherings provide key opportunities for white supremacists to share ideas and tactics and recruit new followers. Meanwhile, over the past decade, we have seen surging violence in the United States and Europe motivated by right-wing extremism. The perpetrators are connected by an extremist ideology that continues to gain international followers. This report exposes the mutual influence of white supremacists in the United States, Canada and Europe and highlights the danger of these connections. “Hate Beyond Borders” was produced through a collaboration between researchers at ADL’s Center on Extremism in the U.S. and European extremism researchers at the Amadeu Antonio Foundation (Germany), Community Security Trust (UK), Expo Foundation (Sweden), Observatoire des Radicalités Politiques, Fondation Jean Jaurès, (France) and Never Again Association (Poland).

New York: ADL (Anti-Defamation League), 2022. 16p.

Justice-Free Zones: U.S. Immigration Detention Under the Trump Administration

By Eunice Hyunhye Cho, Tara Tidwell Cullen and Clara Long

Justice-Free Zones: U.S. Immigration Detention Under the Trump Administration, a research report from the American Civil Liberties Union, Human Rights Watch, and the National Immigrant Justice Center, provides an in-depth examination of the state of immigrant detention. Through visits to five detention facilities, interviews with 150 detained people, and analysis of government data, this report shines a light onto our nation’s treatment of immigrants. Specifically, the findings illustrate how the immigrant detention system has grown since 2017, the poor conditions and inadequate medical care — even before the COVID-19 outbreak, and the due process hurdles faced by immigrants held in remote locations.

New York: American Civil Liberties Union, 2020. 82p.

Families in Fear: The Atlanta Immigration Raids

By The Southern Poverty Law Center

This report features stories from women swept up in the Immigration and Customs Enforcement raids that began on Jan. 2, 2016. The report by the Southern Poverty Law Center and the Georgia Latino Alliance for Human Rights found that the federal government has engaged in a needlessly aggressive – and potentially unconstitutional – act against immigrants with these home raids that targeted women and children from Central America.

Montgomery, AL: SPLC, 2016. 28p.

With Liberty and Justice for All: The States of Civil Rights at Immigration Detention Facilities

By The United States Commission on Civil Rights

This Statutory Enforcement Report examines the civil rights and constitutional concerns that the U.S. Commission on Civil Rights (Commission) “raised with the Department of Homeland Security (DHS) and its component [agencies] over the treatment of adult and minor [immigrant] detainees [who are being] held under federal law in detention centers across the country.” Specifically, this report analyzes the constitutional issues surrounding DHS’s treatment of detained immigrants as well as other selected federal agencies’ efforts to comply with established Performance Based National Detention Standards (PBNDS), the Prison Rape Elimination Act of 2003 (PREA), and the federal standards for detaining unaccompanied minor children.

It is within the Commission’s mandate to examine, study, and report upon civil rights violations inconsistent with the federal civil rights laws, the United States Constitution and the federal standards applicable to all persons within the United States and its territories. By statute, the Commission is authorized to examine federal policies and procedures that have a detrimental effect on the equal protection of law guaranteed to all persons under the Constitution. With regard to immigration, in 1980, the Commission released a report entitled The Tarnished Golden Door: Civil Rights Issues in Immigration that examined the civil rights issues surrounding the enforcement of the immigration laws of the United States. That report identified numerous issues surrounding the former Immigration and Naturalization Service (INS) administration and enforcement of U.S. immigration laws. Since the Commission published that 1980 report, however, federal immigration laws and their enforcement practices have undergone numerous, sweeping changes.

Washington, DC: The Commission, 2015. 276p.

Understanding Secondary Immigration Enforcement: Immigrant Youth and Family Separation in a Border County

By Nina Rabin

Young people in immigrant families are often characterized as a separate population in debates over immigration reform, with distinctive claims and interests as compared to their parents. Bifurcating the undocumented population between children and parents over-simplifies how immigration enforcement impacts families. This article challenges the dichotomy between children and parents by studying how young people who are not direct enforcement targets are nevertheless impacted by immigration enforcement policies, regardless of their own immigration status. These impacts, which I call “secondary immigration enforcement,” often manifest as family separations. To render secondary immigration enforcement visible, I studied 38 young people in Arizona who are living on their own – without either biological parent – at least in part because of immigration enforcement policies. Drawing on in-depth interviews and self-assessments of psycho-social functioning, I describe what secondary immigration enforcement looks like and how it operates. I illustrate that deportation statistics alone fail to capture the extent of immigration enforcement because they do not encompass the complex impacts of secondary enforcement. In addition to the acute disruptions caused by deportations of family members, the young people in the study also experienced family separation as a result of immigration enforcement’s interaction with three other key factors: family dysfunction, extreme poverty, and educational aspirations.

Tucson: The University of Arizona, James E. Rogers College of Law, 2017. 37p.

Harm Reduction in Immigration Detention: A Comparative Study of Detention Centres in France, Germany, Norway, Sweden, and Switzerland

By Izabella Majcher and Michael Flynn

This Global Detention Project Special Report, commissioned by the Norwegian Red Cross, systematically compares conditions and operations at detention centres in five European countries to identify practices that may be used to develop “harm reducing” strategies in detention. The report, which the Norwegian Red Cross commissioned in an effort to identify possible reforms in Norway’s detention practices, addresses several key questions:

In Norway’s Trandum Detention Centre, multiple reports have highlighted an overzealously punitive and restrictive detention regime where detainees consider themselves to be “treated as criminals” even though they are not serving criminal prison sentences. Despite repeated recommendations from relevant experts, including the country’s Parliamentary Ombudsman, many important reforms have not been implemented.

The report highlights several key areas for promoting reforms, both at Trandum and in other facilities across Europe, including: placing immigration detainees in the custody of social welfare institutions rather than public security agencies; reforming operating rules on everything from food preparation to electronic communications; and shedding detention centres of carceral elements, including the aspect of guards and staff members and the internal layout and regime of detention centres.

Geneva: Global Detention Project, 2019. 86p.

Enforcement and Illegal migration: Enforcement deters immigration but with unintended consequences

By Pia Orrenius

Border enforcement of immigration laws raises the costs of illegal immigration, while interior enforcement also lowers its benefits. Used together, border and interior enforcement therefore reduce the net benefits of illegal immigration and should lower the probability that an individual will decide to illegally migrate. While empirical studies find that border and interior enforcement serve as deterrents to illegal immigration, immigration enforcement is costly and carries unintended consequences, such as a decrease in circular migration, an increase in smuggling, and higher prevalence of off-the-books employment and use of fraudulent and falsified documents.

Bonn: Institute of Labor Economics (IZA), 2019.. 11p.