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

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

Washington DC: DHS, 2023. 40p.

By Massimo Anelli Bocconi, Tommaso Colussi and Andrea Ichino

Using census data, we study false birth-date registrations in Italy, a phenomenon well known to demographers, in a setting that allows us to separate honesty from the benefits of cheating and deterrence. By comparing migrants leaving a locality with those who remain in it, we illustrate the tendency of Italians to sort themselves across geographic areas according to their honesty levels. Over time, this tendency has modified the average honesty level in each locality, with relevant consequences for the distribution across geographic areas of outcomes like human capital, productivity, earnings growth, and the quality of local politicians and government

The Journal of Law and Economics. Volume 66, Number 2. May 2023

By Marie Segrave, Rebecca Wickes, Chloe Keel and Shiih Joo (Siru) Tan

This research was developed to support and enhance the Australian Government’s A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces (2021). Aligning with national commitments to report on and respond to sexual harassment in the workplace, this research fills a recognised gap in addressing the specificity of migrant and refugee women’s experiences. These are not adequately captured in national data currently collected by the Australian Human Rights Commission (AHRC). By building a detailed national picture of the experiences of a diverse group of migrant and refugee women, this research will inform more targeted engagement with women and workplaces regarding unacceptable workplace behaviour.

The research employed a mixed methods approach comprising of two phases: a national survey and a national qualitative project talking to migrant and refugee women and stakeholders across Australia. This report details the findings from a survey of 701 migrant and refugee women.

NSW: Australia’s National Research Organisation for Women’s Safety Limited (ANROWS), 2023. 76p.

By Anniina Jokinen, Natalia Ollus and Anna-Greta Pekkarinen

THIS REVIEW examines the development, regulation and combating of labour trafficking and the exploitation of migrant labour on the basis of an extensive selection of written materials and previous literature. The review highlights findings regarding key actors, their roles, and the most significant changes that have taken place in Finland. In addition, the review briefly analyses Finnish legislation and case law and makes a comparison with other Nordic countries. Finally, an assessment of Finland's approach to tackle labour exploitation and the factors that have led to Finland's current situation is presented, and existing gaps are identified. According to the review, Finnish authorities have in many ways a better ability to tackle labour trafficking and to support its victims than the authorities in the other Nordic countries. Finland has been able to intervene in labour exploitation at least to a certain extent, and the phenomenon has been widely recognized. On the other hand, many remaining problems have been identified, particularly with regard to pre-trial investigations and the enforcement of criminal liability. In the future there should be more consideration to the needs of victims of exploitation, even in situations where the case is not classified as human trafficking. In addition, structural multi-agency cooperation should be developed to combat labour exploitation. Structural multi-agency cooperation will help to ensure that cases of exploitation and trafficking are dealt with comprehensively, that perpetrators are brought to justice and that the rights of victims are respected.

Helsinki: HEUNI, 2023. 74p.

By Anna-Greta Pekkarinen, Anniina Jokinen

TRAFFICKING IN HUMAN BEINGS is largely a hidden form of criminali ty. As an example, it has been estimated in Finland that up to 90 per cent of human trafficking is undetected (Yle 23.3.2021). The overall picture of the phenomenon is bound to be limited because of this, and because the offenders continuously seek new methods and routes for their operations. Since the start of the ELECT THB-project, unforeseen events with a global impact have taken place. The COVID-19 pandemic affected the movement of people and potentially led to changes in the modus operandi of the perpetrators, as well as to changes in the detection of trafficking and exploitation. However, not much is yet known of the longer-term impacts of the pandemic on modus operan di or routes used by traffickers and facilitators. Furthermore, the geopolitical landscape of Europe changed rapidly in 2022 as a result of the escalation of the Russian invasion of Ukraine. In light of the ongoing war, particular attention has been paid in this report to the risk that Ukrainian refugees face of exploitation and trafficking. The countries covered in this report share similarities but also have their differences. Finland is primarily a country of destination in terms of human trafficking, whereas Estonia, Latvia, Poland and Ukraine are countries of origin, transit and destination. There are also differences in the size of the population of these countries, in their labour markets and in the social protection measures that are in place. The profiles of typical victims vary between the countries, ranging from their own citizens to labour migrants, asylum-seekers and undocumented migrants. Regarding labour exploitation, it has been established in all of the countries that migrant workers in particular may face exploitative recruitment and employment practices, especially in low-paid, low-skilled jobs. Perpetrators use different legal and illegal ways to conceal their activities, some of which are presented in this report. As for sexual exploitation, the role of the internet and technology has become increasingly important. This is all the more true as a result of the COVID-19 pandemic, which has restricted travel and in-person contacts and allowed for new ways of recruiting, controlling and exploiting vulnerable persons.

Helsinki: HEUNI, 2023. 94p.

By Steven Dudley, et al.

Human trafficking is one of the most complex and misunderstood criminal economies in the world. This is especially true along the US-Mexico border, where a smattering of organized crime groups with varying degrees of power and sophistication operate and engage in a wide variety of criminal activities. Estimates vary, but there are now several hundred crime groups operating across Mexico, many of which are connected to human trafficking.1 The question is, what type of connection do they have? Officials often portray human trafficking as being controlled by large, organized crime groups -- frequently referred to as “cartels” -- but the reality on the US-Mexico border illustrates there is a far wider array of groups behind this problem. This report aims to sort through this difficult terrain and analyze the ways in which different types of organized crime groups are involved in human trafficking. The goal is to inform policymakers who are looking to address human trafficking, so they can better focus their limited resources. We also aim to provide relevant stakeholders with opportunities for positive intervention to mitigate this problem. The findings are based on two years of desktop and field research across the Mexican states of Baja California, Chihuahua, Sonora, and Tamaulipas. It includes dozens of in-person and remote interviews with sex workers, trafficking victims, anti-human trafficking advocates, prosecutors, security experts, government officials, researchers, and academics. The team also visited several cities along the US-Mexico border that are known to be major human trafficking hotspots. In addition, we analyzed government data on human trafficking investigations and prosecutions, judicial cases, and previous studies on the topic.

Washington, DC: InSight Crime, 2023. 26p.

By Paul Gowder

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.

Oxford; London; New York: Hart, 2021. 215p.

By Magdalena Kmak

This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.

Abington, Oxon: New York: Routledge, 2024. 205p.

By Ndubuisi Christian Ani and Jennifer Shahid

Despite robust anti-money laundering and anti-migrant smuggling policies, this study finds that there are few money laundering investigations and charges against smugglers in Senegal and Sierra Leone. Those countries’ financial investigative agencies lack adequate resources and expertise to uncover the illicit proceeds of smugglers, which are often processed through cash and informal channels. This is compounded by a lack of reporting of suspicious transactions by entities vulnerable to money laundering, such as informal money remitters and real estate companies

OCWAR-T Research Report 4 . Africa: ECOWAS, 2023. 24p.

By Xavier Becerra, et al.

As the California Department of Justice (Cal DOJ) issues its second report under Assembly Bill 103 (2017) (AB 103) about the conditions within locked facilities housing immigration detainees in California, the nation is in the midst of a struggle to control and prevent outbreaks of COVID-19. Detainees and staff in immigration detention facilities are particularly vulnerable due to the congregate nature of detention, and all parties connected to immigration detention—U.S. Immigration and Customs Enforcement (ICE), facility leadership and staff, off-site community hospitals, advocates, federal courts, and immigration detainees themselves—have been forced to respond to the crisis. Cal DOJ’s AB 103 review of the three immigration detention facilities featured in this report took place before the COVID-19 pandemic began, and insights gained from these and prior facility reviews prompted Attorney General Xavier Becerra to write to the Acting Secretary for Homeland Security on April 13, 2020, urging the release of immigration detainees and the adoption of safety protocols to minimize the spread of COVID-19. Nonetheless, while the average number of immigrants in ICE’s adult detention facilities across the nation decreased from 37,876 detainees in February 2020 to 19,989 detainees in September 2020, the overall average length of detention significantly increased during the same period from an average of 56.1 days to 91.3 days. This report presents Cal DOJ’s findings with respect to three privately-operated detention facilities: (1) the Adelanto ICE Processing Center (Adelanto), operated by The GEO Group, Inc.: (Geo Group); (2) the Imperial Regional Detention Facility (Imperial), operated by Management Training Corporation (MTC); and (3) the Otay Mesa Detention Center (Otay Mesa), operated by CoreCivic. Cal DOJ staff, along with correctional, medical, and mental health experts, toured each facility; interviewed staff and detainees; and reviewed and analyzed logs, policies, detainee records, and other documents to develop an understanding of the conditions of confinement and standard of care and due process provided to detainees at each facility. In addition, Cal DOJ administered two attorney surveys to analyze barriers and facilitation of due process in each of the three facilities, as well as the impact COVID-19 has had on detainees and their counsel.

San Francisco: California Office of the Attorney General, 2021. 160p.

By Chris Jones, Romain Lanneau, Yasha Maccanico

The use of new technologies is fundamental to the EU’s system of border control and migration management. This report explores their development and deployment over the last three decades, during which time an extensive infrastructure of surveillance systems, databases, biometric identification techniques and information networks has been put in place to provide state authorities with knowledge of – and thus control over – foreign nationals seeking to enter EU or staying in Schengen territory. Digital technologies underpin invasions of privacy, brutal violations of human rights, and make the border ‘mobile’, for example through the increased use of mobile biometric identification technologies, such as handheld fingerprint scanners used by police and border authorities. On the one hand, new technologies are deployed to facilitate the movements of “bona fide” travellers. In the years to come, tourists and businesspeople will be required to hand over increasing amounts of personal information to EU and member state authorities in exchange for being granted entry to the EU. That information will then be used to train algorithms that will be applied to new applications to enter the bloc, in order to assess the level of risk or threat posed by individuals (and, where that level is deemed too high, to deny them the ability to travel to the EU). On the other hand, new technologies are deployed to detect, deter and repel refugees and migrants seeking to enter EU territory through irregular journeys. Drones, cameras, social media monitoring, satellite imagery and networks of sensors form part of an elaborate surveillance architecture that is being continually extended. Those who do manage to enter EU territory – which is to say, if they are not illegally pushed back by EU authorities, or prevented from leaving a “third country” – are also biometrically registered and screened against a multitude of national and international databases. If they are deported, international data-sharing systems are increasingly being used to facilitate that task

London: Statewatch, 2023. 45p.

By Donald Kerwin and Evin Millet

The US immigration court system seeks to “fairly, expeditiously, and uniformly administer and interpret US immigration laws” (DOJ 2022a). It represents the first exposure of many immigrants to due process and the rule of law in the United States, and occupies an integral role in the larger US immigration system. Yet it labors under a massive backlog of pending cases that undermines its core goals and objectives. The backlog reached 1.87 million cases in the first quarter of FY 2023 (Straut-Eppsteiner 2023, 6). This paper attributes the backlog to systemic failures in the broader immigration system that negatively affect the immigration courts, such as:

• Visa backlogs, United States Citizen and Immigration Services (USCIS) application processing delays, and other bottlenecks in legal immigration processes.

• The immense disparity in funding between the court system and the Department of Homeland Security (DHS) agencies that feed cases into the courts.

• The failure of Congress to pass broad immigration reform legislation that could ease pressure on the enforcement and court systems.

• The lack of standard judicial authorities vested in Immigration Judges (IJs), limiting their ability to close cases; pressure parties to “settle” cases; and manage their dockets.

• The absence of a statute of limitations for civil immigration offenses.

• Past DHS failures to establish and adhere to enforcement priorities and to exercise prosecutorial discretion (PD) throughout the removal adjudication process, including in initial decisions to prosecute.

• The location of the Executive Office for Immigration Review (EOIR), which oversees US immigration courts, within the nation’s preeminent law enforcement agency, the Department of Justice (DOJ).

• The misconception of many policymakers that the court system should primarily serve as an adjunct to DHS.

• A past record of temporary judge reassignments and government shutdowns.

The paper supports a well-resourced and independent immigration court system devoted to producing the right decisions under the law. Following a short introduction, a long section on “Causes and Solutions to the Backlog” examines the multi-faceted causes of the backlog, and offers an integrated, wide-ranging set of recommendations to reverse and ultimately eliminate the backlog. The “Conclusion” summarizes the paper’s topline findings and policy proposals.

Journal on Migration and Human SecurityOnlineFirst, May 25, 2023

By Iffat Idris

This paper explores the links between conflict, irregular migration, human trafficking and other illicit flows along transnational pathways in West Africa – focusing on Niger, Nigeria, Mali, Burkina Faso and Libya as well as the responses to these.

Birmingham, UK: GSDRC, International Development Department, College of Social Sciences University of Birmingham., 2022. 40p.

Edited by Herbert R. Reginbogin, ‎Christoph Safferling

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly recurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

Berlin: De Gruyter Saur, 2006. 320p.

By Doug Coulson

All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse.

First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation.

Amherst, MA: Amherst College Press, 2023. 285p.

ByEnrico Michelini

Drawing on original research, this book looks at what sport can tell us about the social processes, patterns and outcomes of forced migration and the ‘refugee crisis’. The book explores four key aspects of sport’s intersection with forced migration. Firstly, it looks at how the media covers sport in relation to the ‘refugee crisis’, specifically coverage of refugee elite athletes. Secondly, it examines the adaptation of sport organisations to the ‘refugee crisis’, including the culture, programmes and structures that promote or obstruct sport for refugees. Thirdly, the book looks at sport in refugee sites, and how sport can be used as therapy, an escape or empowerment for refugees but also how it can reinforce the divisions between staff and the refugees themselves. Finally, the book looks at how forced migration influences and is influenced by participation in elite sport, by examining the biographies of elite migrant athletes.

London: Routledge, 2023. 142p.

By Abigail Andrews And the students of the Mexican Migration Field Research Program

The world is changing so fast that it's hard to know how to think about what we ought to do. We barely have time to reflect on how scientific advances will affect our lives before they're upon us. New kinds of dilemma are springing up. Can robots be held responsible for their actions? Will artificial intelligence be able to predict criminal activity? Is the future gender-fluid? Should we strive to become post-human? Should we use drugs to improve our intimate relationships — or to reduce crime? Our intuitions about questions like these are often both weak and confused. David Edmonds has put together a philosophical task force to get to grips with these challenges. Twenty-nine philosophers present provocative and engaging pieces about aspects of life today, and life tomorrow — birth and death, health and medicine, brain and body, personal relationships, wrongdoing and justice, the internet, animals, and the environment. The future won't look the same when you've finished this book.

Oakland, CA: University of California Press, 2023.

By Nicole MartinRogers

The Missing and Murdered Indigenous Women Task Force was created to examine the root causes, systemic problems, and potential solutions to violence against indigenous women and girls in Minnesota, including members of the two spirit community. Established by the Minnesota Legislature and signed into law by Governor Tim Walz in 2019, the task force includes representatives from 11 tribal nations, community and advocacy organizations, legislators, law enforcement, and the legal field. Wilder Research assisted the task force, conducting extensive research and facilitating public hearings and comment sessions across Minnesota.

The report includes 20 mandates in five key areas from the task force for the Minnesota Legislature, state agencies, tribes, and other stakeholders to address the MMIW injustice:

• Address systemic causes

• Collect and report data on violence against Indigenous women and girls

• Address policies and practices in institutions that impact violence against Indigenous women and girls

• Reduce and eliminate violence against Indigenous women and girls

• Help Indigenous women and girls who are victims/survivors, their families, and their communities

St. Paul, MN: Amherst H. Wilder Foundation, 2020. 163p

Canada Privy Council Office

The National Inquiry’s Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada’s staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.

As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.

Ottawa, Canada Privy Council Office, 2019. Vol. 1a: 2019, 728p. Vol. 1b, 2019. 352p.

Canada Privy Council Office

The National Inquiry’s Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada’s staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.

As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.

Ottawa, Canada Privy Council Office, 2019. Vol. 1a: 2019, 728p. Vol. 1b, 2019. 352p.