By Jeremy Slack and Daniel E. Martınez

What happens after deportation? What contexts must Mexican deportees navigate and contend with after removal from the United States? This article explores the challenges for people post-removal in Mexico, particularly by drawing on fieldwork conducted in Tamaulipas, which is home to the Zetas drug trafficking organization and the infamous massacre of seventy-two migrants. We argue that incidental exposure to violence and crime began as an implicit aspect of immigration enforcement and has grown into one of the central tenets of current policy. We take a feminist geopolitical approach to connect the post-deportation experiences of migrants to the policies of deportation, incarceration, and punishment levied against them by the U.S. government. Migrants, particularly those apprehended through the Criminal Alien Program, have been returned to Tamaulipas in concentrated numbers despite its violent reputation. The processes of criminalization have led to a system that prioritizes punishment for migrants, meaning that we cannot extricate experiences that occur after removal from enforcement measures that create those situations. These practices are directly connected to the current wave of policies aimed at stopping asylum seekers, including “metering,” where people are made to wait at the border to apply for asylum at the port of entry, and the Remain in Mexico program (otherwise known as the Migrant Protection Protocols). We argue that enforcement is more complex than “prevention through deterrence” narratives and exposure to nonstate violence in Mexico has slowly become a more integral part of enforcement plans.

Annals of the American Association of Geographers, 2020

Edited by  Maria Pohn-Lauggas, Steve Tonah, Arne Worm

Experiences, processes and constellations of exile, flight, and persecution have deeply shaped global history and are still widespread aspects of human existence today. People are persecuted, incarcerated, tortured or deported on the basis of their political beliefs, gender, ethnic or ethno-national belonging, religious affiliation, and other socio-political categories. People flee or are displaced in the context of collective violence such as wars, rebellions, coups, environmental disasters or armed conflicts. After migrating, but not exclusively in this context, people find themselves suddenly isolated, cut off from their networks of belonging, their biographical projects and their collective histories. The articles in this volume are concerned with the challenges of navigating through multiple paradoxes and contradictions when it comes to grasping these phenomena sociologically, on the levels of self-reflection, theorizing, and especially doing empirical research.

Göttingen : Universitätsverlag Göttingen, 2023. 267p.

Edited by Sabine Bauer-Amin, Leonardo Schiocchet, Maria Six-Hohenbalken

Multiple refugee regimes govern the lives of forced migrants simultaneously but in an often conflicting way. As a mechanism of inclusion/exclusion, they tend to engender the violence they sought to dissipate. Protection and control channel agency through mechanisms of either tutelage and victimisation or criminalisation. This book contrasts multiple groups of refugees and refugee regimes, revealing the inherent coercive violence of refugee regimes, from displacement and expulsion, to stereotypification and exclusion in host countries, and academic knowledge essentialisation. This violence is international, national, society-based, internalised, and embodied - and it urgently needs due scholarly attention.

Bielefeld: transcript Verlag, 2022. 289p.

By Sarah A. Jolie, Ogechi Cynthia Onyeka, Stephanie Torres, Cara DiClemente, Maryse Richards, and Catherine DeCarlo Santiago 

Latinx immigrant families are greatly impacted by US policies and practices that limit immigrant families’ and children’s rights. This article reviews the effects of such policies and the growing literature examining migration experiences. Latinx immigrant youth and parents may encounter multiple stressors across the stages of migration, including physical and structural violence, fear, poverty, and discrimination, which contribute to higher rates of mental health problems in this population. Despite significant trauma exposure, immigrants demonstrate incredible resilience within themselves, their families, and their communities and through movements and policies aimed at protecting their rights. Numerous culturally relevant universal, targeted, and intensive interventions were developed to magnify these protective factors to promote healing, advance immigration reform, and provide trauma-informed training and psychoeducation. Psychologists play a crucial role in implementing, evaluating, and advocating for accessible and collaborative approaches to care so that Latinx immigrant families have the resources to combat the harmful sequelae of immigration stress. 

Annu. Rev. Clin. Psychol. 2021. 17:127–51 

By Robin E. Klabbers, Andrea Hughes, Meredith Dank, Kelli N. O’Laughlin, Mutaawe Rogers & Hanni Stoklosa 

Human trafficking is a global public health issue that is associated with serious short- and long-term morbidity. To address and prevent human trafficking, vulnerabilities to human trafficking and forces sustaining it need to be better understood among specific subpopulations. We aimed to explore risk and protective factors for human trafficking, the health impact of exploitation, and barriers and facilitators of seeking help throughout the human trafficking trajectory among forced labor and sex trafficking victims in Kampala, Uganda.

Methods

Between March and November 2020, in-depth, semi-structured qualitative interviews were conducted with 108 victims of forced labor and sex trafficking who had completed a human trafficking survey conducted by the Uganda Youth Development Link (UYDEL). Participants who experienced various forms of exploitation were purposively invited for qualitative interviews and a convenience sample was interviewed. Interviews explored personal history, trafficking recruitment, experiences of exploitation and abuse, and experiences seeking help. Interviews were analyzed using a combination of deductive and inductive thematic analysis. Themes and subthemes were organized using an adapted conceptual framework of human trafficking.

Results

Poverty and an abusive home life, frequently triggered by the death of a caretaker, underpinned vulnerability to human trafficking recruitment. Limited education, lack of social support, and survival needs pushed victims into exploitative situations. Victims of human trafficking were systematically exploited and exposed to dangerous working conditions. Victims suffered from sexually transmitted diseases, incontinence, traumatic fistulae, musculoskeletal injuries, and mental health symptoms. Lack of awareness of resources, fear of negative consequences, restrictions on movement, and dependence on the trafficker and exploitation income prevented victims from seeking help. The police and healthcare workers were the few professionals that they interacted with, but these interactions were oftentimes negative experiences.

Conclusions

To address and prevent human trafficking, localized interventions are needed at all stages of the human trafficking trajectory. Health impacts of human trafficking are severe. As some of the few professionals trafficking victims interact with, police and healthcare workers are important targets for anti-trafficking training. Improved understanding of human trafficking drivers and barriers and facilitators to seeking help can inform the design of necessary interventions.

  Global Health Research and Policy (2023) 8:52 https://doi.org/10.1186/s41256-023-00332-z

By Ada Volodko, Ella Cockbain & Bennett Kleinberg 

Despite considerable concern about how human trafficking offenders may use the Internet to recruit their victims, arrange logistics or advertise services, the Internet-trafficking nexus remains unclear. This study explored the prevalence and correlates of a set of commonly-used indicators of labour trafficking in online job advertisements. Taking a case study approach, we focused on a major Lithuanian website aimed at people seeking work abroad. We examined a snapshot of job advertisements (n = 430), assessing both their general characteristics (e.g. industry, destination country) and the presence of trafficking indicators. The vast majority (98.4%) contained at least one indicator, suggesting certain "indicators" may in fact be commonplace characteristics of this labour market. Inferential statistical tests revealed significant but weak relationships between the advertisements’ characteristics and the number and nature of indicators present. While there may be value in screening job advertisements to identify potential labour trafficking and exploitation, additional information is needed to ascertain actual labour trafficking. We conclude with an outlook on automated approaches to identifying cases of possible trafficking and a discussion of the benefits and ethical concerns of a data science-driven approach.

Trends in Organized Crime, v. 23, 2020.

By Julia Litzkow 

This study examines factors of resilience and vulnerability to exploitation and trafficking of people who fled Ukraine to Berlin, Bern and Warsaw after Russia’s full-scale invasion in February 2022. Conducted in partnership with the United Nations Office on Drugs and Crime (UNODC) it is based on desk research, quantitative data from 1,602 surveys collected with displaced Ukrainians and non-Ukrainians in 2023 and qualitative data from 57 key informant interviews (KII) conducted between 2023 and 2024. It also includes 8 illustrative case studies. In the research conducted across three cities, instances of potential forced labour and labour trafficking were reported at relatively low levels by survey respondents.1 Specifically, 6% of respondents (104/1,602) noted experiencing some form of workplace abuse, while 2% of respondents (35 out of 1,602) either experienced or observed others who fled Ukraine facing workplace conditions that could suggest potential trafficking for forced labour. The majority of these accounts were based on observations rather than personal experience. Common issues reported included unpaid or underpaid wages, misleading information about the nature of the job, excessively long working hours, unsafe working environments, and deception about their employer’s identity. While key informants corroborated the low occurrence of potential forced labour and trafficking, they also emphasized widespread violations of labour laws. A smaller proportion of survey respondents (2.5%) reported witnessing or learning about displaced Ukrainians engaged in prostitution or sex work. Of these, seven individuals believed the prostitution was forced, reflecting a 0.4% prevalence of forced prostitution, potentially signalling trafficking for sexual exploitation. None of the 1,602 respondents indicated experiencing sexual exploitation in prostitution themselves. The relatively low incidence of potential forced labour, labour trafficking and sexual exploitation reported by survey respondents and key informants among people who fled the war in Ukraine may be attributed to the visa-free travel, temporary protection status, and robust anti-trafficking measures implemented in destination countries. However, it may also be due to cases that have yet to be identified. It is important to recognize that despite the presence of temporary protection, visa-free travel and the anti-trafficking response implemented, there are specific situations where personal, situational, and contextual factors intersect to create potential increased risk of exploitation and trafficking for individuals fleeing Ukraine. The following is a summary of key findings on factors of resilience and vulnerability to exploitation and trafficking in the cities examined under this study, which aim to contribute to a better understanding of the experiences of people who fled the war in Ukraine and offer insights for designing interventions by United Nations (UN) organizations, Non-Governmental Organizations (NGOs), and national authorities. Factors of vulnerability to exploitation and trafficking • Financial pressure: Economic hardships and the need to support oneself and family members can increase the urgency for people displaced from Ukraine to find work quickly and can lead them to accept precarious working conditions. When asked whether their financial situation meets their household needs, 44% of respondents in Berlin, 44% of respondents in Bern and 43% of respondents in Warsaw said they were only partially covered. • Limited access to decent work: Barriers like language skills, non-recognition of qualifications, and financial hardships can push refugees into low-skilled, often exploitative jobs. Lack of skills in the local language was mentioned as the top barrier to accessing a decent job, cited by 86% of respondents in Berlin, 80% of respondents in Bern and 67% of respondents in Warsaw. • Difficulties accessing information about the law and their rights: Lack of knowledge about local labour laws and rights, exacerbated by lack of knowledge of the local language can increase vulnerability and make it difficult for people who fled the war in Ukraine to protect themselves from exploitative situations. • Insecure housing: Dependence on employer-provided accommodation, dependence on and limited monitoring of private accommodation providers and in collective centres can increase exploitation risks. • Challenges accessing temporary protection status: Bureaucratic hurdles and legal status challenges particularly affect non-Ukrainian Third Country Nationals (TCNs) and Ukrainian citizens of Roma ethnicity, making them potentially more vulnerable to exploitation and trafficking in informal work arrangements. • Decreasing solidarity: Growing negative perceptions of Ukrainians within host communities can lead to increased risks of exploitation as refugees feel less supported and more isolated. Factors of resilience to exploitation and trafficking • Visa-free travel and temporary protection status2: Rapid access to legal status, combined with access to social security, significantly protects against exploitation and trafficking. The EU’s visa-free travel approach for Ukrainian citizens and temporary protection status enable refugees to travel legally and rapidly access work and social benefits, reducing their dependence on potentially exploitative coping mechanisms. • Social support networks: Social networks within the Ukrainian community can serve as a crucial factor of resilience. These networks provide familiarity and support, helping refugees navigate employment and housing options. • Political will and solidarity: Initial strong political commitment and societal support for Ukrainian refugees enhanced their resilience. Quick legislative and administrative responses and comprehensive support systems have positively impacted the integration and protection of refugees who fled the war in Ukraine. However, political will and the level of support can vary based on the perceived nationality or ethnicity of people who fled the war in Ukraine. • Anti-trafficking responses: Large-scale anti-trafficking measures, particularly efforts to raise awareness, were adopted by national and local authorities, as well as civil society organizations, likely building resilience against exploitation. 

Geneva: Mixed Migration Centre,  2024. 46p.

By Jose Miguel Pinto dos Santos

Homicide : forced and violent opening of a vacancy that cannot be filled—we are all irreplaceable, even Mr. Costa; the act of a man killing another man; includes suicide, regicide, presidentialicide, politicide, parricide, ministicide, matricide, infanticide (which includes feticide or induced abortion), fratricide and euthanasia; in the past, in white heteropatriarchal societies where gender discrimination was practiced, the act of a man killing another woman was distinguished from feminicide; although fratricide is generally considered a category within homicide, there are those who defend the opposite opinion, such as Father Mário Centavo, in his Opera Omnia , vol. 49, p. 444, “all homicide is fratricide”; Like everything that is irreversible, homicide is a sunk cost and all the bureaucracy that follows it, established in the Penal and Criminal Procedure Codes, is for the exclusive benefit, income and employment of the legal professions; homicide was formerly considered a crime and severely punished in white heteropatriarchal societies, but it has gradually, and in phases (the famous ramp ), been liberalized and deregulated in our country within the scope of the profound structural reforms underway carried out by the government party in an effort to make our society more just, advanced, compassionate and humane under the progressive & galvanizing motto “liberalize crime, criminalize weapons”; a recent leak of information, which went unnoticed in the national press, revealed that a reform of the Penal Code is being planned in which, within the scope of the ongoing deregulation, a new classification of homicide into three categories is proposed: criminal, justifiable and commendable; Generally well-informed sources added that it is expected that, in the near future, homicide will only be punishable when committed against members of the PSD, and that anything committed by them will always be commendable. A proposal to transfer homicide from the scope of criminal law to civil law has been shelved for now.

Observador - Jun 10, 2022

By Andreas Harsono  

  A violent attack by security forces and an ultranationalist mob on a West Papuan student dormitory in Surabaya, East Java, on August 17, 2019, prompted street protests in at least 33 cities across Indonesia. Bolstering the protests was a social media campaign called #PapuanLivesMatter, inspired by the Black Lives Matter movement in the United States seeking racial justice. The Indonesian authorities arrested hundreds for joining the anti-racism protests, and 109 people were convicted for “treason.” “If It’s Not Racism, What Is It?” finds that the protests renewed discussions on racial discrimination in Indonesia against Indigenous Papuans because of their ethnic origin, and sparked fresh demands for sovereignty for West Papua. It profiles cases of Papuan activists prosecuted after the Papuan Lives Matter protests and describes ongoing human rights violations rooted in racial discrimination, in particular, the right to education and the highest attainable standard of health. It also documents recent abuses by security forces and Papuan militants during the ongoing armed conflict in West Papua. Over the past six decades, Indonesian authorities, in countering the pro-independence movement and insurgency in West Papua, have often promoted divisiveness by describing Papuans as unruly and violent. The report calls on the Indonesian government to review regulations and practices that marginalize the community, to allow foreign journalists and international rights monitors to visit the territory, and to conduct public education to end racism against people of Papuan ethnic origin.  

New York: Human Rights Watch, 2024. 86p.

By James Cockayne, Sophia Kagan, Fiona Ng

This report highlights significant modern slavery risks faced by temporary migrant workers in agriculture, horticulture and meat processing in rural and regional NSW. The modern slavery risks identified include debt bondage, deceptive recruiting, forced labour and, in extreme cases, servitude, sexual servitude and even human trafficking. The report examines significant vulnerabilities faced by both Pacific workers and backpackers concerning working conditions, wages and entitlements; accommodation, transport and living conditions; gendered violence and healthcare access and isolation and social marginalisation. It also highlights growing indicators that the burden of supporting these exploited migrant workers is falling on local communities and community service providers that are not adequately resourced for this task.

Recommendations 

1. Urgently initiate a trauma-informed and worker-centred investigation of modern slavery risks faced by Pacific Australia Labour Mobility workers and other temporary migrant workers working in agriculture, horticulture and meat processing in rural and regional NSW.

2. Ensure relevant NSW Government frontline agencies undertake suitable training in modern slavery, as envisaged by section 19(3)(a) of the Modern Slavery Act 2018.

3. Advocate for the Federal Government to review the visa settings and protection requirements for temporary migrant workers in the PALM and Working Holiday Makers programs.

4. Complement the work of the new Migrant Workers Centre to be established in NSW, with regional migrant centre hubs.

5. Ensure funding and support to local actors, including to create a more active role in the monitoring of conditions and support to temporary migrant workers.

Office of the NSW Anti-slavery Commissioner, 2024. 33p.

By Ralph Rashleigh

The memoir has been edited from its original Victorian novel style to a more direct and vivid narrative. Ralph Rashleigh, a pseudonym, was a London apprentice who turned to crime, leading to his transportation to Australia. Rashleigh endured brutal treatment in the Australian penal system, reflecting the harsh and often sadistic practices of the time. The memoir provides a vivid account of the penal system and criminal law in the early 19th century, highlighting its brutality and inefficacy.

I929 BY JONATHAN CAPE AND HARRISON SMITH INCORPORATED

By C.M. Macinnes

The document provides a detailed history of England’s involvement in the slave trade, focusing on the pre-Emancipation period. It covers various aspects such as the rise of the slave trade, the organization and purchase of slaves, the Middle Passage, and the abolition movement. The book is based on unpublished materials and rare books from the 18th and early 19th centuries. The author expresses gratitude to several individuals and institutions for their assistance in the research and publication of the book.

J. W. ARROWSMITH LTD, 1934

By: Sarah J. Eckman and Karen L. Shanton

Federal law prohibits certain types of intimidation of or interference with election workers, including intimidation to discourage serving as a poll watcher or election official or in response to such service; interference by members of the Armed Forces with election officials' exercise of their duties; and intimidation for helping voters register or cast a vote. Many states have laws that address other threats to election workers, such as through privacy protections for election commissioners. More general laws, such as prohibitions against voter intimidation or harassing or threatening interstate communications, might also apply to some conduct. Some state and local officials have responded to recent reports of threats to election workers with administrative action or legislative proposals. Election officials have included local law enforcement in poll worker trainings, for example, and implemented new security measures in their offices. State legislators have established new prohibitions or protections, such as a New Hampshire law that prohibits intimidating election officials to interfere with their work and an Oregon law that extends existing privacy protections to election workers.

Library of Congress, Sep 9, 2024

The Australian Human Rights Commission

The treatment of children in the criminal justice system, some as young as 10 years old, is one of the most urgent human rights issues facing Australia today. Numerous inquiries and reviews, including Royal Commissions, as well as UN Committees, have highlighted serious breaches of rights and systemic problems with our child justice and related systems over many years. However, Australia continually fails to implement evidence-based reforms to our child justice systems which would reduce offending behaviour and make our communities safer. This report investigates opportunities for reform of child justice and related systems across Australia, based on evidence and the protection of human rights. It is the result of a project undertaken by the National Children’s Commissioner (NCC) in 2023–24. The project included a submissions process, consultations with children and young people, families, community members, and interviews and roundtables with government and non government stakeholders across Australia.

Canberra: The Australian Human Rights Commission, 2024. 195p.

By Jesuit Refugee Service Europe

By definition, things that occur in detention occur behind walls, and in a context where those detained have been disempowered. Scrutiny and transparency are therefore often elusive, and access to justice to which people are legally entitled may be denied altogether or made more difficult. This situation is compounded because people are often detained under immigration powers at borders, or when facing removal—in contexts of limbo, where normal justice procedures are easier to circumvent.

Against this background, this report looks into if and how detained migrants can effectively access justice in Europe today. This is a particularly relevant topic, as this work comes at a moment in which the use of detention upon arrival at external borders is likely to increase, as a result of the adoption of the EU Pact on Asylum and Migration. Because of the complexity of immigration procedures in Europe, effective access to justice cannot be properly assessed without considering if migrants—in this case detainees—have effective access to legal assistance. For this reason, a chapter of this report is dedicated to access to legal aid. We further looked into how effectively detainees can access remedies against their detention and return orders. Another chapter explores the existence and effectiveness of complaint mechanisms for detainees to address violations of rights that happen in detention. Finally, we looked into the possibility for migrants to apply for international protection while in detention.

This work is based on the experience of JRS visiting people in detention centres across Europe. JRS opposes the use of administrative detention as a practice that is inherently harmful to human dignity and has a negative impact on both physical and mental health. As long as detention is a reality, however, JRS staff and volunteers work to accompany detained migrants and advocate for the respect of their rights and for humane detention conditions.

Brussels, Belfium, JRSEurope, 2024. 69p.

By The International Organization for Migration (IOM)

This toolkit builds on the outcomes of two international exchanges on access to justice for migrant workers and victims of trafficking for labour exploitation and on an additional round of internal consultations, consolidated with IOM best practices and additional research inputs. Various relevant stakeholders from different European countries participated in the workshop, including law enforcement authorities, prosecutors, labour inspectors, trade union representatives, international organizations and civil society organizations, among others.

Produced under the framework of the MiRAC-funded project Enhancing IOM’s Protection Capacity in the EEA+ Region to Protect the Rights of Migrants Subject to Labour Exploitation, this document serves as a practical guidance tool for addressing the needs of migrant workers and victims of trafficking for labour exploitation in the European Union, as well as in Iceland, Norway, Switzerland and the United Kingdom. It was specifically developed to support national authorities, in particular, relevant labour, immigration, prosecution and counter-trafficking agencies, as well as other relevant stakeholders, such as civil society organizations and trade unions, to provide the tools needed to effectively support and empower migrant workers and victims of trafficking for labour exploitation.

Brussels: International Organization for Migration, 2023. 124p.

By Paul Butcher, Alberto-Horst Neidhardt

Migration remains a salient political issue and a major topic of disinformation. Lies and half-truths about migrants spread freely across the EU. But the narratives and themes used by disinformation actors are not static. As events develop and public concerns shift, so do the types of stories pushed by those seeking to mislead. For example, the COVID-19 pandemic has led to a growing stream of articles linking migrants to infection risks and accusing them of receiving preferential treatment. Disinformation actors have certain advantages over other communicators, as they can promote simplistic or one-sided depictions of migration without regard for truth or accuracy. Rather than seeking to counteract specific claims, such as through fact-checking or counternarratives, communicators and policymakers should instead promote alternative narratives that can undermine the appeal of hostile frames and create ‘herd immunity’ against disinformation. Alternative narratives should especially target those in the ‘movable middle’ who are most open to changing their views, especially as these groups may also be more liable to being influenced by disinformation. This Issue Paper examines nearly 1,500 news articles from four EU member states (Germany, Italy, Spain and the Czech Republic) published between May 2019 and July 2020. It shows that disinformation narratives about migration seek to exploit readers’ fears to polarise public opinion, manufacture discontent, sow divisions and set the political agenda. Disinformation actors link migration to existing insecurities, depicting it as a threat to three partly-overlapping areas: Health (migrants as violent criminals, potential terrorists, or a COVID-19 infection risk); Wealth (migrants as social benefits cheats, unfair competition for jobs, or a drain on community resources); Identity (migrants as a hostile invasion force, a threat to European or Christian traditions, or the subject of a conspiracy to replace white Europeans). An effective communication strategy based on alternative narratives should take account of the following recommendations: The message should aim to reframe the debate. It should resonate with the target audience’s lived experience, acknowledging their values and concerns, but avoid amplifying anxieties. Messages promoting alternative narratives must be timely and reflect the news cycle. Like a vaccine administered at regular intervals, communicators should repeat simple, specific messages that can prompt the best immune response against hostile frames spread by disinformation. The medium should aim to restore trust among groups. Institutions, which are often subject to discrediting campaigns, should prioritise communication through trusted intermediaries who can get messages to the hard-to-reach. They should work in partnership with civil society and local actors to deliver coordinated messages in the right environments. They should seek to reach people ‘where they are’ using the most appropriate communication channel, taking into consideration where their audience consumes information. The selection of the audience should aim to reclaim readers from the fringes. Audiences should be targeted based on their values and what they feel is important. To gain a first hearing, communicators should find an ‘entry point’ where the messenger and audience share common ground. All communicators seeking to promote a more balanced debate should aim to develop messages that can support a single overarching meta-narrative: for example, that migration is a normal phenomenon that can bring benefits to European societies if managed effectively and in full respect of fundamental human rights. More effective communication strategies can help to undermine threat-based discourses about migration. But such narrative strategies must also be backed up by policy changes. Effective policies combined with alternative narratives will go a long way towards resolving the concerns that drive disinformation on migration. A more balanced debate will, in turn, facilitate the adoption of meaningful reforms in line with EU fundamental values and human rights, thus creating a mutually reinforcing cycle of alternative narratives and policymaking

Brussels, Belgium: Foundation for European Progressive Studies (FEPS). 2020. 52p.

By Nina Siulc and Noelle Smart

The use of civil immigration detention has expanded exponentially over the past few decades, with a record high of more than half a million people detained in fiscal year 2019. The widespread use of civil detention—at a cost to taxpayers of billions of dollars annually—is often justified by the government as being necessary to ensure that immigrants continue to appear for their court hearings. Yet there is irrefutable evidence that over the past two decades the majority of immigrants—including adults, families, and children—have shown up for immigration court hearings. In fact, those who attend court outside detention on what are known as “non-detained” dockets almost always continue to appear for their hearings when they are able to secure legal representation, calling into question the logic of confining people in costly and inhumane prison-like conditions when representation is clearly a viable alternative to ensure continued court appearances. This fact sheet reviews evidence from the Vera Institute of Justice’s (Vera’s) programs and related studies as well as government data analyzed by independent researchers to help unpack what is known about appearances in immigration court and, alternately, orders of removal in absentia, which are issued when a person does not appear in court.

Non-detained immigrants with representation almost always continue to appear in court

Data from Vera’s programs and other studies shows that most immigrants released from custody continue to appear in court when represented by counsel.

• During the first three years of Vera’s Safety and Fairness for Everyone (SAFE) Initiative, which provides free representation through a universal access model in 21 jurisdictions across the country, 98 percent of clients released from custody have continued to appear for their scheduled court hearings.

• Similarly, Vera’s evaluation of the New York Immigrant Family Unity Project (NYIFUP) found that at the time of the study fewer than 2 percent of clients released on bond had received orders of removal in absentia for failing to appear in court.

• These high appearance rates are supported by findings in an in-depth study of orders of removal in absentia published in March 2020 by Eagly and Shafer, who observed that, “those who obtained lawyers also almost always came to court: 96 percent attended all court hearings in pending and completed non-detained cases since 2008.”

• An earlier study by Eagly and Shafer also found high appearance rates among immigrants released on bond nationwide from 2007 to 2012: among immigrants with completed cases, only 7 percent of those with representation received orders of removal in absentia.

• The Migrant Protection Protocols (MPP) or “remain in Mexico” program has made it nearly impossible for many asylum seekers to attend court. Yet even among this program rife with due process challenges, 95 percent of immigrants with representation have continued to appear for all their hearings. In short, representation continues to be associated with high rates of appearance in immigration court.

New York: Vera Institute of Justice, 2020. 5p.

By The Vera Institute of Justice

We need a federally funded universal legal defense service for immigrants — one that is deliberately modeled on the criminal federal defender system, which, while not perfect, is generally regarded as more successfully realizing the values of high-quality, appropriately funded representation than its state counterparts. This service should provide universal, zealous, and person-centered legal defense to all immigrants in any immigration proceedings. The Vera Institute of Justice (Vera) makes this recommendation based on years of experience building and managing national immigrant legal defense programs. A federal defender service built on these core values is effective and achievable, and it would help ensure that the lives, liberty, and community health of immigrants are given full and equal protection under the law, regardless of status. There is an urgent need for a federal defender service for immigrants because most immigrants are unrepresented, and the stakes in immigration proceedings are so high. Deportation can result in physical exile from home, separation from family, loss of income, and even forcible return to conditions of persecution, violence, torture, or death in a person’s country of origin. But immigrants are not entitled to publicly funded counsel in these proceedings. Currently, there are 1.25 million pending cases in the immigration court system, and people in more than 500,000 of those lack legal representation. The lack of representation is particularly staggering for people subjected to immigration detention, where over the past five years, 70 percent have had no counsel. The stakes in immigration proceedings are extraordinary: the U.S. Supreme Court has described them as no less than “both property and life, or of all that makes life worth living.”

New York: Vera Institute of Justice, 2021. 4p.

Edited by Anson Shupe, William A. Stacey, and Susan E. Darnell

Child-molesting priests, embezzled church treasures, philandering ministers and rabbis, even church-endorsed pyramid schemes that defraud gullible parishioners of millions of dollars: for the past decade, clergy misconduct has seemed continually to be in the news. Is there something about religious organizations that fosters such misbehavior? Bad Pastors presents a range of new perspectives and solidly grounded data on pastoral abuse, investigating sexual misconduct, financial improprieties, and political and personal abuse of authority. Rather than focusing on individuals who misbehave, the volume investigates whether the foundation for clergy malfeasance is inherent in religious organizations themselves, stemming from hierarchies of power in which trusted leaders have the ability to define reality, control behavior, and even offer or withhold the promise of immortality. Arguing that such phenomena arise out of organizational structures, the contributors do not focus on one particular religion, but rather treat these incidents from an interfaith perspective. Bad Pastors moves beyond individual case studies to consider a broad range of issues surrounding clergy misconduct, from violence against women to the role of charisma and abuse of power in new religious movements. Highlighting similarities between other forms of abuse, such as domestic violence, the volume helps us to conceptualize and understand clergy misconduct in new ways.

New York; London: NYU Press, 2000. 269p.