By Rebecca Gambler; et al.

Each year, EOIR issues decisions for hundreds of thousands of cases of foreign nationals charged as removable under U.S. immigration law. EOIR is facing a significant and growing backlog of cases pending before the immigration courts. At the start of fiscal year 2023, EOIR’s backlog was about 1.8 million pending cases—more than triple the number of pending cases at the start of fiscal year 2017. In 2017, GAO reported on EOIR’s management practices, including how it manages and oversees workforce planning and immigration judge hiring. GAO was asked to review various EOIR management functions, including actions taken since GAO’s 2017 report. This report assesses, among other things, EOIR’s (1) workforce planning practices; (2) judge performance appraisal program; and (3) policies and procedures for reporting quality data to the public. GAO analyzed EOIR staffing data from fiscal years 2017 through 2022—the most current data available. GAO reviewed EOIR documentation and interviewed officials from headquarters and four immigration courts selected to include different caseloads, among other factors. What GAO Recommends GAO is making six recommendations to improve, among other things, EOIR’s workforce planning, judge performance appraisal program management, and data quality practices. EOIR identified ongoing and planned steps to address these recommendations.   

Washington, DC: GAO, 2023. 61p.  

By Matthew Chang

What does adequate legal representation for noncitizen criminal defendants look like? After the Supreme Court decided the landmark case of Padilla v. Kentucky, criminal defense attorneys became responsible for advising clients if and when there might be immigration consequences that accompany acceptance of a guilty plea deal, such as a potential risk of deportation. Currently, the criminal and immigration representation are completely divided. This Comment argues that the Padilla mandate alone, while important, fails to adequately provide noncitizen criminal defendants their Fifth Amendment Due Process Right and Sixth Amendment Right to Counsel. Using the Supreme Court’s legal analysis in Padilla and similar cases, I contend that the criminal and immigration divide is not so discrete. Inadequate representation in either criminal or immigration courts is considered a failure of the Fifth Amendment. Nevertheless, one way to rectify this constitutional shortcoming is to create and implement government-appointed counsel for all noncitizen criminal defendants facing criminal and removal proceedings. This Comment evaluates local, government-enacted immigration public defender programs that have experienced great success within California. Further, this Comment posits that to fully comply with the Fifth Amendment’s requirement of adequate representation, Congress must follow suit and expand quality legal access across the nation for noncitizens facing deportation proceedings, modeled after successful immigrant defender programs in California.

112 J. Crim. L. & Criminology Online 29 (2022).

By Frohar Poya

In Europe, undocumented migrant women constitute one of the most at-risk groups across several socio-economic domains, with frequent, severe and often tragic consequences for these women, as well as their children and families. Already in the pre-COVID period in Europe, undocumented migrant women suffered financial exploitation, often exposed to discrimination, homelessness, intimate partner and domestic violence, and sexual harassment and abuse, both at work and in the public sphere. During and post-COVID, the inequalities and discrimination to which undocumented migrant women are subjected have intensified. This briefing paper summarises the key areas of concern and offers a number of recommendations to inform EU and national decision makers and stakeholders for improved formulation of policy responses and strategies to address the situation of undocumented migrant women in Europe. The main intention of this paper is to highlight the lack of protection of undocumented migrant women, and to help ensure their well-being during the post-COVID pandemic period, in particular, in the context of a number of key international legal instruments, including the EU Fundamental Rights Charter.

St Gilles,

Belgium: HumMingBird project , 2023.  11p.

By R. J. B. Bosworth

From the Preface: “My task… has been to unveil the lives of Italians under a generation of dictatorship, be they men, women or children, party officials and party intellectuals or anti-Fascists, landowners and industrialists or workers and peasants, all coming from the many and varied regions of Italy or, on occasion, emigrants passed beyond the national border. It is, of course, an impossible protect. Aspiring to write the tout history of a totalitarian society is a delusion. Yet any reader who consults the book’s pages will find that a vast array of people rum up »n my tale and that it spans from Sardinia to Sicily, from Tumi to Reggio Calabria, from Trieste to Bari and beyond. There are many stories in the pages that follow and my hope must be that readers will find them emblematic and will draw a general picture from their impressionist detail.”

London. Penguin. 2005. 689p.

Jens Schneider, Maurice Crul, Andreas Pott

This open access book comparatively analyses intergenerational social mobility in immigrant families in Europe. It is based on qualitative in-depth research into several hundred biographies and professional trajectories of young people with an immigrant working-class background, who made it into high-prestige professions. The biographies were collected and analysed by a consortium of researchers in nine European countries from Norway to Spain. Through these analyses, the book explores the possibilities of cross-country comparisons of how trajectories are related to different institutional arrangements at the national and local level. The analysis uncovers the interaction effects between structural/institutional settings and specific individual achievements and family backgrounds, and how these individuals responsed to and navigated successfully through sector-specific pathways into high-skilled professions, such as becoming a lawyer or a teacher. By this, it also explains why these trajectories of professional success and upward mobility have been so exceptional in the second generation of working-class origins, and it tells us a lot also about exclusion mechanisms that marked the school and professional careers of children of immigrants who went to school in the 1970s to 2000s in Europe – and still do.

Springer Cham

Steffen Pötzschke, Sebastian Rinken

This open access book explores implications of the digital revolution for migration scholars’ methodological toolkit. New information and communication technologies hold considerable potential to improve the quality of migration research by originating previously non-viable solutions to a myriad of methodological challenges in this field of study. Combining cutting-edge migration scholarship and methodological expertise, the book addresses a range of crucial issues related to both researcher-designed data collections and the secondary use of “big data”, highlighting opportunities as well as challenges and limitations. A valuable source for students and scholars engaged in migration research, the book will also be of keen interest to policymakers

Springer Cham

Maria Kousis, Aspasia Chatzidaki, Konstantinos Kafetsios

This open access book offers a cross-disciplinary view of challenging mobility issues for migrants and refugees in Europe and particularly Greece during the last decade when the economic and refugee crises coincided. It offers new analyses and data on a diverse range of topics concerning new emigrants as well as refugees and mobilities in Greece. The book covers themes which are not only related to refugee and immigrant integration and governance challenges, but also describes host attitudes, solidarity, political and protest claims in the public sphere, as well as the changing emigration environment in Greece within a European context. With contributions from the fields of philosophy, anthropology, sociology, economics, political science, geography and linguistics, this book provides a unique resource for students and scholars, but also for policy-makers and social scientists working on migration-related issues within and beyond Europe.

Springer Cham

Edited by Robert T. Chase

This volume considers the interconnection of racial oppression in the U.S. South and West, presenting thirteen case studies that explore the ways in which citizens and migrants alike have been caged, detained, deported, and incarcerated, and what these practices tell us about state building, converging and coercive legal powers, and national sovereignty. As these studies depict the institutional development and state scaffolding of overlapping carceral regimes, they also consider how prisoners and immigrants resisted such oppression and violence by drawing on the transnational politics of human rights and liberation, transcending the isolation of incarceration, detention, deportation and the boundaries of domestic law.

Durham, NC: University of North Carolina Press, 2019. 440p.

Steven F. Lawson

Running for Freedom, Fourth Edition, updates historian Steven Lawson’s classic volume detailing the history of African-American civil rights and black politics from the beginning of World War II to the present day.

Offers comprehensive coverage of the African-American struggle for civil rights in the U.S. from 1941 to 2014

Integrates events relating to America’s civil rights story at both the local and national levels

Features new material on Obama’s first term in office and the first year of his second term

Includes addition of such timely issues as the Trayvon Martin case, the March on Washington 5oth anniversary, state voter suppression efforts, and Supreme Court ruling on Voting Rights Act

US. McGraw-Hill. 1991. 317p.

By U.S. Citizenship And Immigration Services

From the Message From the Director, Ur M. Jaddou: "I am proud to share the U.S. Citizenship and Immigration Services (USCIS) Strategic Plan for fiscal years 2023 to 2026. This plan is grounded in USCIS' longstanding mission and firm commitment to making the United States a stronger, more inclusive, and welcoming nation, and preserving the integrity of the U.S. immigration programs we administer. At its core, USCIS has the responsibility to deliver decisions about immigration service requests to individuals while ensuring the security of our nation. The work of USCIS employees makes the possibility of the American dream a reality for immigrants, the communities and economies they join, and the nation as a whole. [...] This new strategic plan is the continuation and expansion of activities stemming from the five priorities I announced in FY 2022, illuminating our pathway into the future. Our new strategic plan will be our roadmap to realize our own promise as an agency of transparency and responsiveness - an agency that upholds the legal immigration system, supports, and engages its employees, and fosters collaboration to deliver high-quality results. While USCIS has made strides in reducing undue barriers to immigration benefits and services, we have much more to do to achieve a modern, fair, and effective immigration system."

Washington. DC. U.S. Citizenship and Immigration Services., 2023. 28p.

By M.N. Parsons, M. Camello, T. Craig, M. Dix, M. Planty, J.D. Roper-Miller

This technology brief is part of a series of documents that focuses on contraband in corrections. The first brief provides an overview of contraband, including types and associated technologies and products used to detect contraband on people, in vehicles, and in the environment. This brief focuses specifically on strategies to detect and manage drug contraband. The goal of this series is to offer foundational insights from use cases, highlight challenges of contraband detection, compare illustrative products, and discuss the future of contraband detection and management.

Washington, DC: U.S. National Institute of Justice, 2021. 14p.

By Alexis A. Aronowitz

From the cover: Virtually every country' in the world is affected by the scourge of human trafficking, either as a source, transit, or destination country, or a combination thereof. While countries have long focused on international trafficking, internal movement and exploitation within countries may be even more prevalent than trans- border trafficking. Patterns of trafficking vary across countries and regions and are in a constant state of flux. Countries have long focused on trafficking solely for the purpose of sexual exploitation, yet exploitation in agriculture, construction, fishing, manufacturing, and the domestic and food service industries is prevalent in many countries. Here, Aronowitz takes a global perspective in examining the nefarious underworld of human trafficking, revealing the nature and extent of the harm caused by this hideous criminal practice. Taking a victims-oriented approach, this book focuses on the different groups of victims, as well as the various forms of and markets for trafficking, many of which have been overlooked due to an emphasis on sex trafficking. The author also examines the criminals and criminal organizations that traffic and exploit their victims and explores less-ffequendy-discussed forms of trafficking— in organs, child soldiers, mail-order brides, and adoption, as well as the use of the Internet in trafficking. Drawing on her own field and research experiences in various parts of the world, the author offers real-life context throughout the book through descriptions of a number of cases with which she was involved or learned about in her travels.

Santa Barbara. PRAEGER. An Imprint of ABC-CLIO. 2009. 290p.

By The Global Detention Project

Mexico has one of the largest immigration detention systems in the world, employing several dozen detention centres—euphemistically called estaciones migratorias—and detaining tens of thousands of people every year. Intense pressure from the United States and continuing migration from turmoil-wracked Central America have helped drive up detention numbers, which surpassed 180,000 in 2019. The COVID-19 pandemic further stressed the country’s migration response. It temporarily released most detainees after the onset of the pandemic even as the United States continued deporting both Mexican and third-country nationals to Mexico. In late 2020, the country adopted reforms to its migration law prohibiting the detention of all children, though many observers expressed scepticism over whether it would be respected.

Geneva: Global Detention Project, 2021. 37p.

By  Christopher Horwood

Just as the world’s governments have, for some decades, waged war on international drug trafficking, there are increasing signals that global authorities have embarked on a major offensive against the growing phenomenon of migrant smuggling in addition to their existing fight against human trafficking.1 One of the most unambiguous of these signals came in April 2015, when Dimitris Avramopoulos, the European Union’s top official for migration,2 told a news conference: “we will take action now. Europe is declaring war on [migrant] smugglers. Europe is united in this effort. We will do this together with our partners outside Europe. We will work together because smuggling is not a European problem — it is a global one.”3 Largely because of its clandestine nature, there is insufficient data available to gauge the global extent of migrant smuggling. Still, existing research offers some hints: according to one recent estimate, some 2.5 million migrants across the world used smugglers in 2016, generating an economic return of at least $5.5 billion dollars.4 ‘Since the migration crisis in 2015 the migrant smuggling business has established itself as a large, lucrative and sophisticated criminal market.’5 This paper, like others before it, argues that the main motivation behind the new offensive against migrant smugglers is not only the much-vaunted concern for the safety and protection of migrants and refugees6 (Avramopoulos prefaced his declaration with the words ‘one more life lost [at sea] is one too many’) but also the fact that migrant smugglers are the main vector and means for irregular migration. Rightly or wrongly, irregular migration is portrayed, even if disingenuously, by governments and many electorates as undesirable from a socio-political, security and economic perspective, and as a potential cause of future social unrest and political disruption.   

Geneva: Mixed Migration Centre, 2019. 78p.

Over the last 30 years, thousands of dead Latino migrant bodies have been found along the United States-Mexico boundary. These casualties are directly related to the Border Patrol’s “prevention through deterrence” (PTD) policing strategy, which funnels crossing migrants into remote and deadly deserts, mountains, and waterways. In response, local residents have created various formal and informal organizations to help provide life-saving aid to vulnerable crossing migrants. However, President Trump and Border Patrol agents have sought to criminalize and stop the work of humanitarian aid volunteers at the border. The data presented in this brief reveal that the American public overwhelmingly (87%) opposes—including the vast majority of Republicans (71%)—the criminalization of humanitarian aid workers at the border. 

Los Angeles: UCLA Latino Policy & Politics Initiative, 2020. 6p.

The Trump administration implemented a total of 363 policy changes to interior enforcement with the overarching goal of subjecting all undocumented immigrants to enforcement actions. President Biden assumed office following significant commitments to implement changes to immigration enforcement, to limit enforcement activities, and to reduce the hardship experienced by noncitizens and their families.

This report analyzes some of the most consequential changes to immigration enforcement implemented by the Trump administration, the changes that President Biden committed to making during his campaign and transition, and the progress that his administration has achieved in its first 100 days. The report concludes with recommendations for additional changes that the administration should prioritize in working to create a fairer and more humane system of immigration enforcement.

Washington, DC: American immigration Council, 2021. 33p.

By  Wendy Edelberg and Tara Watson 

This policy proposal is a proposal from the author(s). As emphasized in The Hamilton Project’s original strategy paper, the Project was designed in part to provide a forum for leading thinkers across the nation to put forward innovative and potentially important economic policy ideas that share the Project’s broad goals of promoting economic growth, broad-based participation in growth, and economic security. The author(s) are invited to express their own ideas in policy proposals , whether or not the Project’s staff or advisory council agrees with the specific proposals. This policy proposal is offered in that spirit.  

  Immigration is good for the US economy and for the fiscal picture at the federal level, but some local areas experience adverse fiscal impacts when new immigrants arrive. Edelberg and Watson propose a transparent system for redistributing resources from the federal government to these localities. Local areas would receive $2,500 annually for each adult immigrant who arrived to the US within the past five years without a college degree—those more likely to generate negative fiscal flows at the subnational level. The funds would take the form of unrestricted transfers to local educational agencies through the existing Impact Aid program and to Federally Qualified Health Centers. This support would help to offset educational, health, and other costs to local areas associated with immigrant inflows, and more equitably share the overall fiscal and economic benefits of immigration.   

Washington, DC: The Brookings Institution and The Hamilton Project , 2022.   26p.

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

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

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

By George Fishman

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

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

By Lilana Keith

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

Brussels: PICUM, 2022. 38p.