Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts in Human Rights
Trauma at the Border: The Human Cost of Inhumane Immigration Policies

By The U.S. Civil Rights Commission

The U.S. Commission on Civil Rights last addressed civil rights and constitutional concerns in connection with the immigration detention of families and children, including conditions of detention centers in its 2015 report, With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities(“2015 Report”).  In 2018, public reports documented worsening conditions at the southern border. Changes in federal policy further resulted in substantially increased law enforcement activity at the southern border and the separation of thousands of migrant children from their parents. Recent developments have resulted in serious civil rights implications, including the protection of the physical and mental well-being of both adult and child immigration detainees and their due process rights. In light of these concerns the Commission formed a bipartisan subcommittee and reopened its 2015 Report to update its investigation of the immigration detention of families and children.  The subcommittee ) sought information from the Departments of Homeland Security and Health and Human Services, ) held a public comment session where it took in testimony from experts, impacted individuals, witnesses to the impacts of family separation, and other interested members of the public, and solicited written comments from the public….

Washington, DC: USCCR, 2019. 208p.

Bordering in the EU – How the New Pact on Asylum and Migration challenges human rights obligations

By Sanae Youbi  

In September 2020, the European Commission proposed a reform of the current European Union (EU) approach to migration and asylum entitled a ‘Common European Framework for Migration and Asylum’. A major novelty of this ‘New Pact on Migration and Asylum’ is the proposal to introduce a ‘Pre-Entry Screening’ procedure (Screening Regulation), allowing European authorities at EU external borders to channel irregular third-country nationals towards either an asylum or a return procedure. > As it stands, the proposed Screening Regulation seeks to address the issue of irregular entries and asylum-seekers’ mobility through policing via one single tool, namely a fast screening procedure. This may lead to policy incoherence and human rights abuses justified in the name of internal security and public safety. > Instead of endorsing this restrictive approach, this policy brief argues that the Council and the European Parliament should amend the proposed Regulation by designing an approach inspired by a solidarity-driven system, aligned with EU values. Detention outside the EU borders must not be generalized but based on real security risks, not assumptions based on threat perceptions. The instrumentalization of migration should be rejected, and the focus should be on more sustainable legal venues for humanitarian and labour migration.

Bruges, Belgium, College of Europe, 2023. 15p.

Exploring Latino/a Representation in Local Criminal Justice Systems: A Review of Data Collection Practices and Systems-Involvement

By Nancy Rodriguez and Rebecca Tublitz    

  Immigrants represent a substantial part of the United States: today, 41 million immigrants reside in the U.S., representing 13 percent of the population. Migration of people from different parts of the world to the U.S. have led to dramatic changes in the racial and ethnic make-up of the population. In 1970, Latinos represented 4.6 percent of the U.S. population. Today, just under 1 in 5 people in the U.S. self-identifies as being of “Hispanic or Latino origin”, making it the second largest racial or ethnic group after Whites.1 The 62 million people across the U.S. who identify as Latino represent an enormously diverse array of communities in terms of ethnic heritage, migration histories, citizenship status, and language. Latinos also identify with a wide variety of racial categories, including Black, White, multi-racial, and other.2 However, as the Latino population has grown, so too has the criminal justice system. Since 1970, the U.S. experienced unprecedented growth in the size and scale of its criminal justice system, driven largely by policies favoring the increased use of arrest and incarceration for offenses both minor and more severe.3 Today, 1.2 million people are incarcerated in the nation’s state and federal prisons, while nearly 550,000 are held in jail.4 Annually, almost 9 million are arrested and booked into jail each year. …

Irvine, CA:  UCI School of Sociology: Department of Criminology, Law and Society     2023. 31p.

Duped - The exploitation of migrant workers in Sweden’s forest sector

By Mark Olden

Every year an estimated 5,000 migrant seasonal workers come to Sweden to do the back-breaking work of clearing landscapes and planting trees. They make up 85 – 90 per cent of the workforce and are employed by firms sub-contracted by the companies that dominate Sweden’s forest sector. "Duped” sheds a light on the endemic mistreatment they face. From earning less than promised, to being employed under unlawful terms. From working in poor conditions to being overcharged for their accommodation: the evidence is consistent and overwhelming. It contains testimonies from migrant workers, a union, investigative journalists and a small forest owner - stories of exploitation and harm that challenge the claim that such forestry is sustainable. This briefing shows that this exploitation is rooted in the economic logic which underpins the Swedish forestry model, and which is also driving nature destruction.

Bruxelles Belgium: FERN, 2023. 18p.

Still at Risk: The Urgent Need to Address Immigration Enforcement’s Harms to Children

By Nicole Chávez, Suma Setty, Hannah Liu, and Wendy Cervantes

Over two decades, immigration enforcement in the country’s interior has separated families and caused lasting damage to children in immigrant families and communities. These policies, resulting in worksite raids, arrests, and deportations, have undermined the health and well-being of more than 5 million children with at least one undocumented parent. In the meantime, Congress has failed to enact meaningful immigration reform that centers the dignity and humanity of immigrant families. Long-standing community members continue to suffer.

A new report from CLASP and UnidosUS analyzes trends in interior enforcement and documents the negative impact on children’s economic security, access to food, housing stability, mental health, and educational outcomes.  Although there has been a downward trend in interior enforcement actions since 2009, harmful policies remain in place and more humane policies–such as the DACA program, parental interest directive, and protected areas policy–remain stalled in the courts or face implementation challenges. 

Washington, DC: Center for Law and Social Policy, and UnidosUS , 2023. 27p.

Understanding Immigration: Issues and Challenges in an Era of Mass Population Movement

By Marilyn Hoskin

Based on the dual premise that nations need to learn from how immigration issues are handled in other modern democracies, and that adaptation to a new era of refugee and emigration movements is critical to a stable world, Marilyn Hoskin systematically compares the immigration policies of the United States, Britain, Germany, and France as prime examples of the challenges faced in the twenty-first century. Because immigration is a complex phenomenon, Understanding Immigration provides students with a multidisciplinary framework based on the thesis that a nation's geography, history, economy, and political system define its immigration policy. In the process, it is possible to weigh the influence of such factors as isolation, colonialism, labor imbalances, and tolerance of fringe parties and groups in determining how governments ultimately respond to both routine immigration requests and the more dramatic surges witnessed in both Europe and the United States since 2013.

Albany: State University of New York Press, 2017. 218p.

New Frontiers of Slavery

By Dale W. Tomich

Essays challenging conventional understandings of the slave economy of the nineteenth century.The essays presented in New Frontiers of Slavery represent new analytical and interpretive approaches to the crisis of Atlantic slavery during the nineteenth century. By treating slavery within the framework of the modern world economy, they call attention to new zones of slave production that were formed as part of processes of global economic and political restructuring. Chapters by a group of international historians, economists, and sociologists examine both the global dynamics of the new slavery, and various aspects of economy-society and master-slave relations in the new zones. They emphasize the ways in which certain slave regimes, particularly in Cuba and Brazil, were formed as specific local responses to global processes, industrialization, urbanization, market integration, the formation of national states, and the emergence of liberal ideologies and institutions. These essays thus challenge conventional understandings of slavery, which often regard it as incompatible with modernity.Dale W. Tomich is Deputy Director of the Fernand Braudel Center for the Study of Economies, Historical Systems, and Civilizations, and Professor of Sociology and History at Binghamton University, State University of New York. He is the author of Through the Prism of Slavery: Labor, Capital, and World Economy.

Albany: State University of New York Press, 2016. 268p.

Immigrant Protest: Politics, Aesthetics, and Everyday Dissent

Edited by  Katarzyna Marciniak and Imogen Tyler

The last decade has witnessed a global explosion of immigrant protests, political mobilizations by irregular migrants and pro-migrant activists. This volume considers the implications of these struggles for critical understandings of citizenship and borders. Scholars, visual and performance artists, and activists explore the ways in which political activism, art, and popular culture can work to challenge the multiple forms of discrimination and injustice faced by "illegal" and displaced peoples. They focus on a wide range of topics, including desire and neo-colonial violence in film, visibility and representation, pedagogical function of protest, and the role of the arts and artists in the explosion of political protests that challenge the precarious nature of migrant life in the Global North. They also examine shifting practices of boundary making and boundary taking, changing meanings and lived experiences of citizenship, arguing for a noborder politics enacted through a "noborder scholarship. "

Albany: State University of New York Press. 2014. 320p.

The Complexity of Evil: Perpetration and Genocide

By Timothy Williams

Why do people participate in genocide? The Complexity of Evil responds to this fundamental question by drawing on political science, sociology, criminology, anthropology, social psychology, and history to develop a model which can explain perpetration across various different cases. Focusing in particular on the Holocaust, the 1994 genocide against the Tutsi in Rwanda, and the Khmer Rouge genocide in Cambodia, The Complexity of Evil model draws on, systematically sorts, and causally orders a wealth of scholarly literature and supplements it with original field research data from interviews with former members of the Khmer Rouge. The model is systematic and abstract, as well as empirically grounded, providing a tool for understanding the micro-foundations of various cases of genocide. Ultimately this model highlights that the motivations for perpetrating genocide are both complex in their diversity and banal in their ordinariness and mundanity.

New Brunswick, NJ: Rutgers University Press, 2021. 281p.

Investigation of the Louisville Metro Police Department and Louisville Metro Government

By The United States Department of Justice, Civil Rights Division and United States Attorney’s Office Western District of Kentucky Civil Division

Following a comprehensive investigation, the Justice Department announced today that the Louisville Metro Police Department (LMPD) and the Louisville/Jefferson County Metro Government (Louisville Metro) engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. The Department also announced that it has entered into an agreement in principle with Louisville Metro and LMPD, which have committed to resolving the department’s findings through a court-enforceable consent decree with an independent monitor, rather than contested litigation. Specifically, the Justice Department finds that LMPD:

  • Uses excessive force, including unjustified neck restraints and the unreasonable use of police dogs and tasers;

  • Conducts searches based on invalid warrants;

  • Unlawfully executes search warrants without knocking and announcing;

  • Unlawfully stops, searches, detains, and arrests people during street enforcement activities, including traffic and pedestrian stops;

  • Unlawfully discriminates against Black people in its enforcement activities;

  • Violates the rights of people engaged in protected free speech critical of policing; and

  • Along with Louisville Metro, discriminates against people with behavioral health disabilities when responding to them in crisis.

The Department also identified deficiencies in LMPD’s response to and investigation of domestic violence and sexual assault, including its responses to allegations that LMPD officers engaged in sexual misconduct or domestic violence. Deficiencies in policies, training, supervision, and accountability contribute to LMPD and Louisville Metro’s unlawful conduct.

Washington, DC: U.S. Department of Justice, Civil Rights Division 2023. 90p.

Urban Politics of Human Rights

Edited by Janne E. Nijman, Barbara Oomen, Elif Durmuş, Sara Miellet and Lisa Roodenburg  

Increasingly, urban actors invoke human rights to address inequalities, combat privatisation, and underline common aspirations, or to protect vested (private) interests. The potential and the pitfalls of these processes are conditioned by the urban, and deeply political. These urban politics of human rights are at the heart of this book. An international line-up of contributors with long-term engagement in this field shed light on these politics in cities on four continents and eight cities, presenting a wealth of empirical detail and disciplinary theoreticalisation perspectives. They analyse the ‘city society’, the urban actors involved, and the mechanisms of human rights mobilisation. In doing so, they show the commonalities in rights engagement in today’s globalised and often deeply unequal cities characterised by urban law, private capital but also communities that rally around concepts as the ‘right to the city’. Most importantly, the chapters highlight the conditions under which this mobilisation truly contributes to social justice, be it concerning the simple right to presence, cultural rights, accessible housing or – in times of COVID – health care. Urban Politics of Human Rights provides indispensable reading for anyone with a practical or theoretical interest in the complex, deeply political, and at times also truly promising interrelationship between human rights and the urban.

New York; London: Routledge, 2023. 249p.

Migrating Borders and Moving Times: Temporality and the Crossing of Borders in Europe

Edited by Hastings Donnan, Madeleine Hurd and Carolin Leutloff-Grandits  

Migrating Borders and Moving Times analyses migrant border crossings in relation to their everyday experiences of time, and connects these to wider social and political structures. Sometimes border crossing takes no more than a moment; sometimes hours; some crossers find themselves in the limbo of detention; for others, the crossing lasts a lifetime to be interrupted only by death. Borders not only define separate spaces, but different temporalities. This book provides both a single interpretative frame and a novel approach to border crossing: an analysis of the reconfiguration of memory, personal and group time that follows the migrants' renegotiation of cross-border space and recalibrations of temporality. Using original field data from Israel and northern and south-eastern Europe, the contributors argue that new insights are generated by approaching border crossing as a process with diverse temporalities whose relationship to space has always to be empirically determined.
Manchester, UK: Manchester University Press, 2017. 201p.

Refugees and the Ethics of Forced Displacement

By Serena Parekh

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states.

New York; London: Routledge, 2017. 171p.

The Refugee Reception Crisis: Polarized Opinions and Mobilizations

Edited by Andrea Rea,  Marco Martiniello. Alessanro Mazzola and  Bart Meuleman

The refugee question occupied centre stage at every political debate in Europe since 2015. Starting from the "long summer of migration", the polarization of opinions and attitudes towards asylum seekers among citizens of the EU has grown increasingly. The divergence between hospitality and hostility has also become evident in political reactions.

Bruxelles: Editions de l'Université de Bruxelles, 2019. 256p.

The Unintended Consequences of US immigration Enforcement Policies

By Emily Ryo

US immigration enforcement policy seeks to change the behaviors and views of not only individuals in the United States but also those of prospective migrants outside the United States. Yet we still know relatively little about the behavioral and attitudinal effects of US enforcement policy on the population abroad. Thisstudy uses a randomized experiment embedded in a nationally representative survey that was administered in El Salvador,Guatemala, Honduras, and Mexico to analyze the effects of USdeterrence policies on individuals migration intentions and their attitudes toward the US immigration system. The two policies that the current study examines are immigration detention and nonju-dicial removals. The survey results provide no evidence that a heightened awareness of these US immigration enforcement pol-icies affects individuals intentions to migrate to the United States.But heightened awareness about the widespread use of immigra-tion detention in the United States does negatively impact indi-viduals’assessments about the procedural and outcome fairness of the US immigration system. These findings suggest that immi-gration detention may foster delegitimating beliefs about the USlegal system without producing the intended deterrent 

PNAS, Vol. 118, no. 21, 2021. 7p.

Latino Migrant Victims of Crime: Safe Reporting for Victims With Irregular Status in the United States and Spain

By Nicola Delvino and Markus González Beilfuss

In both the United States and Spain, Latino migrants are disproportionately exposed to crime victimization. Among them, those with irregular status are scared to report crime to the police out of the fear of deportation. This article explores how national legislation and local policies in the United States and Spain regulate the possibility of irregular migrants who are victims of crime to interact with the police. We analyze the interplay between immigration and criminal legislation and enforcement structures in the United States and Spain to define whether deportation is a real or perceived risk for victims reporting crime. We identify opportunities for “safe reporting of crime,” and we look at how policy responses in the two countries compare. We find that national legislation in both countries introduced measures aimed at allowing safe interactions between migrant victims and the police. Additionally, in the United States, cities also adopted local “safe reporting” policies. However, despite these existing measures, opportunities for safe reporting remain limited in both countries. We conclude with a discussion on lessons that legislators in the United States and Spain could learn from each other to improve the reporting of crime from victims with irregular status. 

  American Behavioral Scientist  2021, Vol. 65(9) 1193–1205  

A Macroeconomic Analysis of Deportation or Legalization of Illegal Immigrants

By James Feigenbaum, Jesse Baker and Austin Brooksby  

  This paper provides a macroeconomic perspective on the costs and benefits of two very different immigration policy changes—mass deportation and legalization—in comparison to the status quo of allowing illegal immigrants to broadly remain in the country under precarious circumstances. A macroeconomic analysis can capture the economy-wide impact of immigration policies on wages, employment, the government budget, and the stock of productive capital. To provide intuition, the paper begins with a simple analysis before adding layers of complexity that capture how immigration affects the economy. Although the results are sensitive to the assumptions used in the analysis, we find that over a broad range of parameters mass deportation creates worse economic outcomes for US citizens relative to both the status quo and to a policy providing for legalization.  

Logan, UT: The Center for Growth and Opportunity at Utah State University, 2020. 18p.

The Long-Run Effects of Temporary Protection from Deportation

By Jorgen M. Harris and Rhiannon Jerch  

  This paper estimates the effect of Temporary Protected Status (TPS), a temporary legalization policy, on the incomes and asset ownership of Salvadoran recipients over 20 years. We compare likely undocumented Salvadoran immigrants eligible for TPS to a control group of likely undocumented immigrants ineligible for TPS in a flexible event study design that allows us to observe growth dynamics in the policy’s effect over two decades. We find that earnings, homeownership, and the likelihood of using a car increased considerably for Salvadoran adults for at least 15 years following the granting of TPS. Our study suggests that even temporary and limited legal status can have substantial and sustained economic benefits for recipients.  

 Logan, UT: The Center for Growth and Opportunity at Utah State University , 2023.   54p.

Three Essays on Economics of Crime and Immigration

By A. S. M. Shakil Haider

  In the United States, immigration policies are politically debated when the concern is about the effect of such policies on crime and labor market outcomes. Even though the concern for crime exists for a long time, such concern is intensified due to rise in crime and the contagious behavior of crime in United Sates. Therefore, the primary objective of this dissertation is to investigate the causal effect of different immigration policies on crime and labor market outcomes in the context of United States. In addition, contagious behavior of crime along with the effects of different socio-economic and socio-demographic factors on crime are also examined in the context of US by allowing for county-level spatial dependence. The first chapter investigates statistically, the sanctuary policy (implemented on different US counties) effect on broad categories (i.e., violent and non-violent crime) and subcategories (i.e., murder, rape, burglary, motor vehicle (MV) theft) of crime from the lens of different causal methods. The analysis is conducted considering US county-level panel data and by applying different variations of difference in differences (DID) and synthetic control methods. A further analysis of sanctuary policy effects on crime is conducted by applying both the methods in a staggered treatment adoption setting. The results found that, even though there are few significant rises in crime categories due to sanctuary policy implementation, most of the results indicate that there is no evidence of statistically significant effect of sanctuary policy on different crime categories.....

  Chapter two of the dissertation focuses on the contagious/spilling behavior of crime along with investigating the linkages in between violent and non-violent crime in United States. methods. The key findings suggest positive causal effect of DACA on DACA-eligible individual’s labor market outcomes where DACA-ineligibles face bigger detrimental effects on their labor market outcomes due to DACA induced labor supply shock.   

Lubbock: Texas Tech University, 2021. 191p.

US Counterterrorism and the Human Rights of Foreigners Abroad: Putting the Gloves Back On?

Edited by Monika Heupel, Caiden Heaphy, and Janina Heaphy

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.

London; New York: Routledge, 2022. 252p.