By Daphné Bouteillet-Paquet

Migrant smuggling has been an issue of increasing concern. The negative consequences of this type of transnational crime include the erosion of state sovereignty and the loss of control over who enters and leaves the territory, the potential security implications of clandestine entries and document smuggling, the large profits that accrue to human smugglers and organized criminal groups, the increasingly brutal treatment of migrants by careless smugglers leading to a growing number of deaths by drowning, dehydration, freezing or suffocation, and the high smuggling fees that migrants have to pay for the illegal transfer to destination countries, often leading to high debts for smuggled migrants and making them vulnerable to exploitation and human trafficking. Despite the fact that migrant smuggling has attracted great media and political attention over the last two decades, there has not been any comprehensive analysis of the state of expert knowledge. Great confusion still prevails about what is migrant smuggling within the global context of irregular migration.

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  UNODC is currently developing and implementing a number of new projects to assess and counter the various threats posed by human smuggling. To do so effectively, and to learn from already existing research on migrant smuggling for current and future programme design, it is imperative to gain an overview of the current state of knowledge on the subject by consolidating the existing literature on the subject in one comprehensive and informative background document.

  The Global Review and Annotated Bibliography of Recent Publications on Smuggling of Migrants (Global Review) replies to this need by surveying existing sources and research papers on migrant smuggling, to provide a summary of knowledge and identify gaps based on the most recent and relevant research available on migrant smuggling from a worldwide perspective.

  The Global Review is structured in thematic chapters which also address the issue at a regional level. Conceptual challenges, scope of migrant smuggling, profiles of smuggled migrants and of migrant smugglers, their relationships, the organizational structures of smuggling networks, modus operandi and smuggling fee as well as the human and social cost of migrant smuggling are addressed in this Global Review, based on well-informed journalistic books, reports and academic articles.

Vienna: United Nations Office of Drugs and Crime, 2011. 148p.

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By Joseph Nevins

By 1994 American anti-immigration rhetoric had reached a fevered pitch, and throngs of migrants entered the U.S. nightly. In response, the INS launched "Operation Gatekeeper," the centerpiece of the Clinton administration's unprecedented effort to "regain control" of our borders. In Operation Gatekeeper, Joseph Nevins details the administration's dramatic overhaul of the San Diego-Tijauna border-the busiest land crossing in the world-adding miles of new fence and hundreds of trained agents.

New York: London: Routledge, 2002. 296p.

By Tom K. Wong

To better understand the attitudes and preferences that border residents have on border policies, the U.S. Immigration Policy Center (USIPC) at UC San Diego surveyed 2,750 voters across the four southwestern border states—Arizona, California, New Mexico, and Texas. The survey was fielded from October 8 to October 22. The margin of error is +/- 2.1%. For more, see methodology section. The data show that the majority of registered voters across the four southwestern border states—Arizona, California, New Mexico, and Texas—disapprove of the way that the president is handling issues at the U.S.-Mexico border. The results also reveal a general lack of trust in the Border Patrol agency, which includes: lack of trust that Border Patrol officials will protect the rights and civil liberties of all people; lack of trust that Border Patrol officials will keep border residents safe; and lack of trust that Border Patrol officials who abuse their authority will be held accountable for their abuses. Moreover, registered voters in the southwestern border states generally prefer policies opposite to those of the current administration.

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  These policies include: alternatives to detention for families seeking refuge in the U.S.; placing unaccompanied minors caught attempting to cross the border illegally into the care of child welfare specialists, not border or immigration enforcement officials; providing aid to migrants in distress (e.g., food and water) rather than criminally prosecuting those who provide aid to migrants in distress; investing more in making ports of entry more efficient rather than spending more on border security; and admitting asylum seekers into the U.S. in order to ensure their safety rather than making asylum seekers wait in Mexico. When it comes to spending, whereas the majority of registered voters across the four southwestern border states oppose additional federal spending on border walls and fencing, the results are mixed when it comes to additional federal spending on hiring more Border Patrol agents. Lastly, the results show that just over 3 out of 10 have been stopped and questioned about their citizenship status at an interior border checkpoint.

La Jolla, CA: U.S. Immigration Policy Center, UC San Diego, 2019. 23p.

By Tom K. Wong, Karina Shklyan, Andrea Silva and Josefina Espino

As Congress remains gridlocked on the issue of comprehensive immigration reform, immigration policy debates, particularly with respect to interior immigration enforcement, are increasingly taking place at state and local levels. Scholarship on immigration federalism has thus far focused mostly on the relationship between the federal government and localities. However, states are increasingly passing laws that either tighten cooperation with U.S. Immigration and Customs Enforcement (ICE) or that delimit when and under what conditions local law enforcement officials can do the work of immigration enforcement (i.e., so-called sanctuary policies). Simultaneously, cities within these states are doing just the opposite. In this study, we examine how these ambiguities in interior immigration enforcement policies at state and local levels affect the trust that undocumented immigrants have in the efficacy of sanctuary policies. Moreover, we examine how these ambiguities affect the day-to-day behaviors of undocumented immigrants. Using California as a case, we embedded an experiment in a survey (n = 521) drawn from a probability-based sample of undocumented immigrants. We find that when cities want to opt out of statewide sanctuary laws, this undermines the trust that undocumented immigrants have in the efficacy of sanctuary policies. We also find that “opting out” has negative implications for the day-to-day behaviors of undocumented immigrants that are similar to the chilling effects that result when local law enforcement officials do the work of federal immigration enforcement.

La Jolla, CA: U.S. Immigration Policy Center, UC San Diego, 2019. 29p.

By Tom K. Wong, S. Deborah Kang, Carolina Valdivia, Josefina Espino, Michelle Gonzalez and Elia Peralta

Previous research shows that the day-to-day behaviors of undocumented immigrants are significantly affected when local law enforcement officials do the work of federal immigration enforcement. One such behavior, which has been widely discussed in debates over so-called sanctuary policies, is that undocumented immigrants are less likely to report crimes to the police when local law enforcement officials work with U.S. Immigration and Customs Enforcement (ICE) on federal immigration enforcement. However, the mechanism that explains this relationship, which is decreased trust in law enforcement, has not yet been systematically tested. Do undocumented immigrants become less trusting of police officers and sheriffs when local law enforcement officials work with ICE on federal immigration enforcement? To answer this question, we embedded an experiment that varied the interior immigration enforcement context in a survey (n = 512) drawn from a probability-based sample of undocumented immigrants. When local law enforcement officials work with ICE on federal immigration enforcement, respondents are statistically significantly less likely to say that they trust that police officers and sheriffs will keep them, their families, and their communities safe, protect the confidentiality of witnesses to crimes even if they are undocumented, protect the rights of all people, including undocumented immigrants, equally, and protect undocumented immigrants from abuse or discrimination.

La Jolla, CA: U.S. Immigration Policy Center, University of San Diego, 2019. 21p.

By Andrea Guttin

The Criminal Alien Program (CAP) is a program administered by Immigration and Customs Enforcement (ICE) that screens inmates in prisons and jails, identifies deportable non-citizens, and places them into deportation proceedings. In this Special Report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, author Andrea Guttin, Esq., provides a brief history and background on the CAP program. Guttin also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling.

La Jolla, CA: Immigration Policy Center, 2010. 23p.

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By Amanda Agan and Sonja Starr

“Ban-the-Box” (BTB) policies restrict employers from asking about applicants’ criminal histories on job applications and are often presented as a means of reducing unemployment among black men, who disproportionately have criminal records. However, withholding information about criminal records could risk encouraging statistical discrimination: employers may make assumptions about criminality based on the applicant’s race (or other observable characteristics). To investigate BTB’s effects, we sent approximately 15,000 fictitious online job applications to employers in New Jersey and New York City both before and after the adoption of BTB policies. These applications varied the race and felony conviction status of the applicants. We confirm that criminal records are a major barrier to employment: employers that ask about criminal records were 63% more likely to call back an applicant if he has no record. However, our results support the concern that BTB policies encourage statistical discrimination on the basis of race: we find that the race gap in callbacks grows dramatically at the BTB-affected companies after the policy goes into effect. Before BTB, white applicants to employers with the box received 7% more callbacks than similar black applicants, but BTB increases this gap to 45%.

New Haven, CT: Yale University, 2016. 60p.

By Vicky Xiuzhong Xu with Danielle Cave, James Leibold, Kelsey Munro, Nathan Ruser

The Chinese government has facilitated the mass transfer of Uyghur and other ethnic minority citizens from the far west region of Xinjiang to factories across the country. Under conditions that strongly suggest forced labour, Uyghurs are working in factories that are in the supply chains of at least 82 well-known global brands in the technology, clothing and automotive sectors, including Apple, BMW, Gap, Huawei, Nike, Samsung, Sony and Volkswagen. This report estimates that more than 80,000 Uyghurs were transferred out of Xinjiang to work in factories across China between 2017 and 2019, and some of them were sent directly from detention camps. The estimated figure is conservative and the actual figure is likely to be far higher. In factories far away from home, they typically live in segregated dormitories, undergo organised Mandarin and ideological training outside working hours, are subject to constant surveillance, and are forbidden from participating in religious observances. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement. China has attracted international condemnation for its network of extrajudicial ‘re-education camps’ in Xinjiang. This report exposes a new phase in China’s social re-engineering campaign targeting minority citizens, revealing new evidence that some factories across China are using forced Uyghur labour under a state-sponsored labour transfer scheme that is tainting the global supply chain.

Barton ACT, Australia: Australian Strategic Policy Institute, 2020. 86p.

By Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center

Local criminal justice policies, such as vagrancy laws and cash bail requirements, endanger vulnerable immigrant populations and undercut the promise of “sanctuary” cities, according to a report released today by Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center. The report urges city and county leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send undocumented residents into the deportation pipeline.

Washington, DC: ILRC, 2017. 35p.

By The National immigration Project of the National Lawyers Guild, Immigrant Defence Project, and Mijente

Tech is transforming immigration enforcement. As advocates have known for some time, the immigration and criminal justice systems have powerful allies in Silicon Valley and Congress, with technology companies playing an increasingly central role in facilitating the expansion and acceleration of arrests, detentions, and deportations. What is less known outside of Silicon Valley is the long history of the technology industry’s “revolving door” relationship with federal agencies, how the technology industry and its products and services are now actually circumventing city- and state-level protections for vulnerable communities, and what we can do to expose and hold these actors accountable. Mijente, the National Immigration Project, and the Immigrant Defense Project — immigration and Latinx-focused organizations working at the intersection of new technology, policing, and immigration — commissioned Empower LLC to undertake critical research about the multi-layered technology infrastructure behind the accelerated and expansive immigration enforcement we’re seeing today, and the companies that are behind it. The report opens a window into the Department of Homeland Security’s (DHS) plans for immigration policing through a scheme of tech and database policing, the mass scale and scope of the tech-based systems, the contracts that support it, and the connections between Washington, D.C., and Silicon Valley. It surveys and investigates the key contracts that technology companies have with DHS, particularly within Immigration and Customs Enforcement (ICE), and their success in signing new contracts through intensive and expensive lobbying.

Washington, DC: National Immigration Project, 2018. 74p.

Edited by Michele L. Waslin, David C Brotherton, Daniel L Stageman and Shirley P Leyro

Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.

New York: Springer, 2013. 280p.

By Steve Cohen

This book is a searing critique of today's immigration systems. Former barrister Steve Cohen declares that these systems are deeply flawed, and takes a fresh look at the ethical and political problems that surround this controversial subject. Cohen proposes that current immigration controls are so inherently racist and irrational that they require the creative dystopian ideas contained within George Orwell's "Nineteen Eighty-Four" to adequately describe them. He seeks to understand the irrationality of these controls - complete with their own brand of newspeak, doublethink, memory holes and thought police - and undertakes an incisive critique of immigration controls, revealing the nightmare world in which refugees, migrants and immigrants find themselves. The book also scrutinizes the latest developments in UK immigration legislation and compares and contrasts the UK experience with that of other countries. "Deportation is Freedom!" is a lively yet thought-provoking read that will captivate anyone who cares about the immigration systems that are shaping our world today. It will be of particular interest to social workers, lawyers, social policy makers and all people politically engaged in immigration campaigning.

London: Jessica Kingsley Publishers, 2016. 224p.

By Jane McAdam

The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security — of borders, of people, of institutions, and of national identity — encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those who are displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements — both procedural and substantive. It considers: the particular needs and rights of children, especially as forced migrants; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome — or at least diminish — the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection' — such as those who cannot be removed from a country because they face a risk of torture; cruel, inhuman, or degrading treatment; or punishment — and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.

Oxford, UK: Portland, OR: Hart Publishing, 2008. 310p.

Edited by Steven J Gold and Stephanie J Nawyn

This revised and expanded second edition of Routledge International Handbook of Migration Studies provides a comprehensive basis for understanding the complexity and patterns of international migration. Despite increased efforts to limit its size and consequences, migration has wide-ranging impacts upon social, environmental, economic, political and cultural life in countries of origin and settlement. Such transformations impact not only those who are migrating, but those who are left behind, as well as those who live in the areas where migrants settle.

Featuring forty-six essays written by leading international and multidisciplinary scholars, this new edition showcases evolving research and theorizing around refugees and forced migrants, new migration paths through Central Asia and the Middle East, the condition of statelessness and South to South migration. New chapters also address immigrant labor and entrepreneurship, skilled migration, ethnic succession, contract labor and informal economies. Uniquely among texts in the subject area, the Handbook provides a six-chapter compendium of methodologies for studying international migration and its impacts.

London; New York: Routledge, 2019. 655p.

Edited by Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long and Nando Sigona

This Handbook critically traces the birth and development of Refugee and Forced Migration Studies, and vividly illustrates the vibrant and engaging debates that characterize this rapidly expanding field of research and practice. The contributions highlight the key challenges faced by academics and practitioners working with and for forcibly displaced populations around the world, as well as identifying new directions for research in the field. Since emerging as a distinct field of study in the early 1980s, Refugee and Forced Migration Studies has grown from being of concern of a relatively small number of scholars and policy analysts to become a global field with thousands of students worldwide studying displacement, either from traditional disciplinary perspectives or as a core component of newer interdisciplinary programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research as well as action-research focused on advocating in favour of refugees’ needs and rights and more directly concerned with influencing policy and practice. The Handbook’s fifty-two state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs, and international organizations across every continent, provide a comprehensive and cutting-edge overview of the key intellectual, political, social, and institutional challenges arising from mass displacement in the world today.

Oxford, UK; New York: Oxford University Press, 2014. 800p.

By Antje Ellermann

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these cross-national differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

Cambridge, UK; New York: Cambridge University Press, 2009. 214p.

By Gordon H. Hanson

Immigration reform is one of the most divisive issues confronting U.S. policymakers. The rise in the number of illegal immigrants in the United States over the past ten years—from five to twelve million—has led to concerns about the effects of illegal immigration on wages and public finances, as well as the potential security threats posed by unauthorized entry into the country. In the past year alone, the governors of New Mexico and Arizona have declared a “state of emergency” over illegal immigration, and President Bush signed into law the Secure Fence Act, which authorizes the spending of $1.2 billion for the construction of a seven-hundred-mile fence along the U.S.-Mexico border. In this Council Special Report, Professor Gordon H. Hanson of the University of California, San Diego approaches immigration through the lens of economics.

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  The results are surprising. By focusing on the economic costs and benefits of legal and illegal immigration, Professor Hanson concludes that stemming illegal immigration would likely lead to a net drain on the U.S. economy—a finding that calls into question many of the proposals to increase funding for border protection. Moreover, Hanson argues that guest worker programs now being considered by Congress fail to account for the economic incentives that drive illegal immigration, which benefits both the undocumented workers who desire to work and live in the United States and employers who want flexible, low-cost labor. Hanson makes the case that unless policymakers design a system of legal immigration that reflects the economic advantages of illegal labor, such programs will not significantly reduce illegal immigration. He concludes with guidelines crucial to any such redesign of U.S. laws and policy. In short, Professor Hanson has written a report that will challenge much of the wisdom (conventional and otherwise) on the economics behind a critical and controversial issue.

Washington, DC: Council on Foreign Relations, 2007. 52p.

By Alex Nowrasteh

Crime committed by illegal immigrants is an important public policy issue that should affect the allocation of federal immigration enforcement resources, state and local law enforcement resources, and policies toward arresting, detaining, and removing illegal immigrants.1 This brief uses Texas Department of Public Safety data to measure the rate at which individuals were convicted and arrested by crime and immigration status in Texas in 2019. This brief is an update, expansion, and improvement of earlier publications that measured criminal conviction and arrest rates by immigration status in Texas in 2015, 2017, and 2018 using the same data source. The results in this updated brief show that in Texas in 2019, illegal immigrants were 37.1 percent less likely to be convicted of a crime than native-born Americans and legal immigrants were about 57.2 percent less likely to be convicted of a crime than native-born Americans. The conviction and arrest rates for illegal immigrants were lower than those for native-born Americans but higher than those for legal immigrants. This result holds for just about every type of crime, including homicide, sex crimes, larceny, and most other crimes.

Washington, DC: Cato Institute, 2021. 7p.

By Sean Kennedy, Jason Richwine, and Steven A. Camarota

Activists and academics have been misusing data from the Texas Department of Public Safety (DPS) in studies claiming that illegal immigrants have relatively low crime rates. These studies do not appreciate that it can take years for Texas to identify convicts as illegal immigrants while they are in custody. As a result, the studies misclassify as native-born a significant number of offenders who are later identified as illegal immigrants.

New York: Center for immigration Studies, 2022. 5p.

By Organization for Security and Co-operation in Europe, Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings

The publication takes stock of technology tools and initiatives developed to combat trafficking in human beings in its different forms in the OSCE area and beyond. It also examines the ways technology can be misused to facilitate trafficking in human beings. It is the first known publication to conduct a global analysis of how different stakeholders, including law enforcement, civil society, businesses and academia can take advantage of technology to advance the fight against the human trafficking crime. The publication also provides recommendations to governments and organizations funding technology projects on how to maximize the value of technology-based solutions.

Vienna: Organization for Security and Co-operation in Europe, 2020. 78p.