By Inga Thiemann
This research report looks into the conditions attached to visa routes for both the care and agricultural sectors, known as ‘tied’ and short-term visas respectively, and the increased vulnerability to exploitation associated with these visas.
The findings show significant issues of debt and deductions of wages across both sectors and barriers to reporting concerns.
London: Focus on Labour Exploitation. 2024, 68pg
By Claire Rimmer
Setting the scene for safe pathways: definitions and data Complementary or safe pathways are a relatively new addition to global refugee protection, and a particularly new phenomenon in Europe. Here, recent years have seen implementation of a growing number of safe pathway programmes, very often small in scale. This has created a complex landscape, involving many different stakeholders working in different ways, and involving different patterns of cooperation between host, destination and first asylum countries. As such, establishing common definitions is challenging, particularly given the necessary flexibility most programmes employ in order to succeed in their specific political and operational contexts. This study nonetheless identifies six types of pathway, showing that all safe pathway programmes include one or a combination of the six. They are as follows: 1) education, 2) labour mobility, 3) extended family members/ family unity, 4) humanitarian pathways and visas, 5) private and/ or community sponsorship, 6) and other, usually non-specific safe stay and entry options. Mapping safe pathways in Europe is further complicated by the limited availability of information on planned and current European programmes, and lack of transparency concerning the extent to which pathways achieve “additionality”, i.e. the extent to which they operate in addition to refugee resettlement and thus contribute to durable solutions for refugees. In some cases, they are rather a substitute for the – usually preferable – resettlement options. 2) European safe pathway programmes: what works? The study identifies a number of approaches and good practices which stakeholders believe have worked well, covering the range of pathways and programmes. It also identifies examples of promising new practices in both newer and more established programmes. The most important examples of what works
Brussels, Belgium: ECRE European Council on Refugees and Exiles, 2024. 58pg
By Emily Ryo and Ian Peacock
In the current era of intensified immigration enforcement and heightened risks of deportation even for long-term lawful permanent residents, citizenship has taken on a new meaning and greater importance. There is also growing evidence that citizenship denials in their various forms have become inextricably linked to immigration enforcement. Who is denied citizenship, why, and under what circumstances? This article begins to address these questions by developing a typology of citizen denials and providing an empirical overview of each type of citizenship denial. Taken together, the typology of citizenship denials and the accompanying empirical overview illustrate the close connection between immigration enforcement and citizenship rights in the United States
USC CLASS Research Paper No. CLASS19-31, USC Law Legal Studies Paper No. 19-31, 47 pages
By Emily Ryo and Reed Humphrey
Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to governmentappointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have described this situation as an access-to-justice crisis or a representation crisis for immigrant communities. The prevailing wisdom suggests that the solution to this crisis is more lawyers or more nonlawyer practitioners, such as accredited representatives and legal technicians, who can provide affordable and quality legal services. The focus, therefore, has been on the ubiquity of "legal deserts," commonly defined as areas that are in shortage of lawyers, and on ways to increase the supply of legal service providers in the marketplace.
This Article presents an empirical study of legal representation that unsettles this prevailing wisdom by showing why an adequate supply of legal service providers is a necessary, but not a sufficient, condition to address the representation crisis. Our study uses a new and original dataset that we compiled for the purposes of this study on immigration lawyers and non-detained immigrant respondents in removal proceedings. Our findings suggest that although the focus on the supplyside dimension of the representation crisis is important, it obscures other complex sets of barriers to obtaining legal representation that are distinct from the problem of legal deserts. Specifically, our empirical analyses show that whether a non-detained immigrant respondent obtains legal representation is predicted by where they reside, their primary language, and the size of their conational social networks, controlling for the availability of practicing immigration lawyers in close proximity to their places of residence and other potential confounders. In short, we argue that geography, language, and networks are destiny for immigrant respondents when it comes to obtaining legal representation. Thus, addressing the representation crisis requires looking beyond the problem of legal deserts to attend to a variety of other hurdles to obtaining legal representation that are associated with certain geographical, linguistic, and social isolation in which many immigrants live.
101 North Carolina Law Review 787-840 (2023), 54 pages
People claiming asylum in the UK are not eligible for mainstream welfare benefits and are generally not allowed to work. Instead, asylum seekers who are destitute can apply to UK Visas and Immigration (UKVI, a Home Office directorate) for accommodation or money (or both) while they are waiting for a decision on their asylum claim. This is commonly referred to as ‘asylum support
London: House of Commons Research Library 2024. 29p.
By Karen Sands-O’Connor
Exploring a history of activists writing for and about children of colour from abolition to Black Lives Matter, this open access book examines issues such as the space given to people of colour by white activists; the voice, agency and intersectionality in activist writing for young people; how writers used activism to expand definitions of Britishness for child readers; and how activism and writing about it has changed in the 21st century. From abolitionists and anti-colonialists such as Amelia Opie, Una Marson and Rabindranath Tagore; communist and feminist activists concerned with broader children’s rights including Chris Searle and Rosemary Stones; to Black Panthers and contemporary advocates for people of colour from Farrukh Dhondy to Len Garrison, Catherine Johnson and Corinne Fowler, Karen Sands-O’Connor traces how these activists translated their values for children of colour. Beginning with historical events that sparked activism and the first cultural products for children and continuing to contemporary activism in the wake of the Windrush Scandal, this book analyses the choices, struggles and successes of writers of activist literature as they tried to change Britain and British literature to make it a welcoming place for all child readers.
London: Bloomsbury Academic, 2022.
By Joseph H. Jackson
Writing Black Scotland examines race and racism in devolutionary Scottish literature, with a focus on the critical significance of blackness. The book reads blackness in Scottish writing from the 1970s to the early 2000s, a period of history defined by post-imperial adjustment. Critiquing a unifying Britishness at work in black British criticism, Jackson argues for the importance of black politics in Scottish writing, and for a literary registration of race and racism which signals a necessary negotiation for national Scotland both before and after 1997.
Edinburgh: Edinburgh University Press, 2020. 216p.
By Donald Kerwin and Evin Millet
This study examines the legal capacity available to low-income immigrants on national, state, and sub-state levels. Legal professionals working in charitable immigration service programs serve as the study’s rough proxy for legal capacity, and undocumented immigrants its proxy for legal need. The Center for Migration Studies of New York (CMS) compiled data on charitable immigration programs and their legal professionals from the:
US Department of Justice’s (DOJ’s) “Recognized Organizations and Accredited Representatives Roster by State and City,” which is maintained by the Executive Office for Immigration Review’s (EOIR’s) Office of Legal Access Programs (OLAP).
Directories of two leading, legal support agencies for charitable immigration legal programs, the Catholic Legal Immigration Network, Inc. (CLINIC) and the Immigrant Advocates Network (IAN).
CMS supplemented and updated these sources with information from the websites of charitable immigration programs. It also added legal programs to its dataset that did not appear in any of these lists. It counted as legal professionals, attorneys, federally accredited non-attorneys, paralegals, and legal assistants. The paper finds that there are 1,413 undocumented persons in the United States for every charitable legal professional and far less capacity than the national average in:
States such as Alabama (6,656 undocumented per legal professional), Hawaii (4,506), Kansas (3,010), Georgia (2,853), New Jersey (2,687), Florida (2,681), North Carolina (2,671), Virginia (2,634) and Arizona (2,561).
Metropolitan areas (MAs) such as Riverside-San Bernardino-Ontario (5,307), Dallas-Fort Worth Arlington (4,436), Phoenix-Mesa-Scottsdale (3,439) and Houston-The Woodlands-Sugar Land (3,099).
San Bernardino County (6,178), Clark County (4,747), Riverside County (4,625), Tarrant County (3,955) and Dallas County (3,939).
The study’s introduction summarizes its top-line findings. Its first section describes the importance of charitable immigration legal programs to immigrants, families and communities. Its second details the study’s findings on charitable legal capacity and immigrant need. Its third compares the legal capacity of 1,803 charitable legal programs and their 7,322 legal professionals, with the US undocumented population by state and for the 15 largest MAs and counties. Its fourth describes CMS’s research methodology and data sources. The paper ends with policy recommendations on how to expand legal capacity for low-income immigrants and better assess legal capacity and need moving forward.
Journal on Migration and Human Security 2022, Vol. 10(3) 190-214
By David Goodhart
This report calls for a new safe and legal route for genuine refugees – which would only come into effect once illegal Channel crossings have dropped to below 10,000 a year.
Under the plan put forward by David Goodhart, the number of refugees admitted under this new route would be set by an annual cap from Parliament – placing the asylum system under democratic control.
It would be modelled after the Vulnerable Persons Resettlement Scheme, used for Syrian refugees, and focussed on women and girls in conflict zones, not healthy young male migrants attempting to cross from France.
The report argues that in order to address the numbers of migrants crossing the Chanel illegally in small boats, the Government must prioritise return agreements and rapid deportation of Channel crossers – if necessary, giving aid to countries in exchange for securing return agreements.
London: Policy Exchange, 2023. 31p.
By: Team from the Global Initiative Against Transnational Organized Crime (GI-TOC), including (in alphabetical order) Lucia Bird, Giulia D’Amico, Sarah Fares, Alex Goodwin and Tuesday Reitano
As of January 2024, over 100 000 people had crossed the English Channel using small boats since 2018. The current peak came in 2022, when over 45 000 people were detected arriving in the UK illegally using small boats launched from the coast of northern France. Although small in comparison with the flows of migrants risking the journey across the Mediterranean to reach Europe each year, this figure marked a record high for the UK since records began in 2018. The spike in the number of arrivals can be largely explained by the ‘industrialization’ of a system of smuggling migrants by boat, a process that began in 2018.
This report explores how the English Channel has become a commercialized human smuggling route. It analyzes the shift in human smuggling transportation from land to sea, from trucks using the Channel Tunnel to rigid inflatable boats (RIBs).
Geneva, SWIT: 2024 Global Initiative Against Transnational Organized Crime.2024. 34p.
By Oreva Olakpe
This paper examines the literature on cities, citizenship and performative rights claiming through the lens of undocumented migrant status, using ethnographic research of the Nigerian community in the city of Guangzhou, China as an example. It begins with a background of the research, delineating the context of migration in China and the factors shaping the perceptions of citizenship and undocumented status in that locale. Next, it delves into the literature on citizenship and rights claiming, looking at the approaches to citizenship and tries to situate undocumented migrant status in these approaches. It then relies on examples for the city of Guangzhou to illustrate how undocumented migrant communities perform citizenship and negotiate legal and legitimate status through alternative channels and resist hegemonic structures in big cities in real life. This paper unpacks the ways in which undocumented migrants exhibit citizenship, belonging and agency from below to demonstrate the different meanings and manifestations of agency, marginality and asymmetries of power in big cities in the Global South.
Toronto: Toronto Metropolitan University, 2020. 23p.
By Jess Zhang, Jacob Kang-Brown, and Ari Kotler
Electronic monitoring (EM) is a form of digital surveillance that tracks people’s physical location, movement, or other markers of behavior (such as blood alcohol level). It is commonly used in the criminal legal system as a condition of pretrial release or post-conviction supervision—including during probation, parole, home confinement, or work release. The United States also uses electronic monitoring for people in civil immigration proceedings who are facing deportation. This report fills a gap in understanding around the size and scope of EM use in the United States. The Vera Institute of Justice’s (Vera) estimates reveal that, in 2021, 254,700 adults were under some form of EM. Of these, 150,700 people were subjected to EM by the criminal legal system and 103,900 by U.S. Immigration and Customs Enforcement (ICE). Further investigation revealed that the number of adults placed on EM by ICE more than tripled between 2021 and 2022, increasing to 360,000.1 This means that the total number of adults on EM across both the civil immigration and criminal legal systems likely increased to nearly half a million during that time. From 2005 to 2021, the number of people on EM in the United States grew nearly fivefold—and almost tenfold by 2022—while the number of people incarcerated in jails and prisons declined by 16 percent and the number of people held in ICE civil detention increased but not nearly as dramatically as EM.2 Regional trends in the criminal legal system reveal how EM has been used more widely in some states and cities but increased sharply from 2019 to 2021 across the country: The Midwest has the highest rate of state and local criminal legal system EM, at 65 per 100,000 residents; this rate stayed relatively constant from 2019 to midyear 2021. In the Northeast, EM rates are the lowest of all the regions at 19 per 100,000 residents, but they increased by 46 percent from 2019 to 2021. The South and West have similar rates, 41 and 34 per 100,000 residents respectively, but the growth rate in the South has outpaced that of the West in recent years—up 32 percent in the South compared to 18 percent in the West. Prior to this report, the most recent estimate of the national EM population was from a 2015 Pew Charitable Trusts study—which studied the use of criminal legal system EM via a survey of the 11 biggest EM companies. For this report, Vera researchers collected data from criminal legal system agencies in all 50 states and more than 500 counties, as well as from federal courts, the Federal Bureau of Prisons, and ICE. Therefore, Vera’s study represents the most comprehensive count of the national EM population to date, as it accounts for the rise of smaller EM companies, immigration system surveillance, and new EM technologies. For this report, Vera researchers also reviewed existing literature and spoke with local officials to better understand the impacts of EM programs. Vera’s findings contradict private companies’ assertions that EM technology is low-cost, efficient, and reliable. EM in the criminal legal system is highly variable and subject to political decisions at the local level. In many jurisdictions, EM is not used as a means to reduce jail populations. Rather, it is often a crucial component of highly punitive criminal legal systems. This challenges the dominant narrative that EM is an “alternative to incarceration.” Nonetheless, this report also highlights several jurisdictions that demonstrate how decarceration can occur alongside reduced surveillance.
New York: Vera Institute of Justice, 2024. 54p.
By Kelsie Chesnut and Jennifer Peirce
From 2019 to 2022, the Vera Institute of Justice (Vera), along with Black and Pink National, developed and conducted a large-scale survey of currently incarcerated transgender people regarding their experiences in state prisons. In 2015, Black and Pink National published a landmark survey of more than a thousand LGBTQ+ (lesbian, gay, bisexual, transgender, or queer/questioning) incarcerated people, Coming Out of Concrete Closets. The present survey provides updated information on similar issues as Black and Pink’s 2015 survey but focuses solely on transgender people. Vera and Black and Pink National are grateful to the incarcerated people who took the time to thoughtfully respond to the survey, often sharing sensitive and traumatic experiences. The survey used regular mail to reach participants, who were already connected with Black and Pink National, and this allowed people to respond in 2021–2022 despite ongoing COVID-related constraints on inperson access to prisons. This report highlights the key findings from the survey responses and open-ended comments shared by the 280 people who participated. 1 Vera and Black and Pink National codesigned all stages of this project, with input from researchers and advocates working on this topic. Vera independently managed the data collection, analysis, and production of findings included in this report, with guidance and input from Black and Pink National and an external expert research consultant.2 The goals of this report are to • share the experiences and insights of transgender people living behind bars in state prisons in their own words, • provide policymakers and people who work with incarcerated people with findings that update and expand their understanding of how transgender people in state prisons experience conditions of confinement, • improve correctional policy and practice as it relates to transgender people who are incarcerated in the United States, and • contribute to a larger national discussion about incarceration and decarceration in a way that advances transgender justice.
New York: Vera Institute of Justice, 2024. 96p.
By Cecilia Esterline
The Heritage Foundation’s Project 2025 is the policy playbook for a second Trump administration, and its impacts on immigration would be far more complex and destructive than previously reported. It isn’t simply a refresh of first-term ideas, dusted off and ready to be re-implemented. Rather, it reflects a meticulously orchestrated, comprehensive plan to drive immigration levels to unprecedented lows and increase the federal government’s power to the states’ detriment. These proposals circumvent Congress and the courts and are specifically engineered to dismantle the foundations of our immigration system. The most troubling proposals include plans to: • Block federal financial aid for up to two-thirds of all American college students if their state permits certain immigrant groups, including Dreamers with legal status, to access in-state tuition. • Terminate the legal status of 500,000 Dreamers by eliminating staff time for reviewing and processing renewal applications. • Use backlog numbers to trigger the automatic suspension of application intake for large categories of legal immigration. • Suspend updates to the annual eligible country lists for H-2A and H-2B temporary worker visas, thereby excluding most populations from filling critical gaps in the agricultural, construction, hospitality, and forestry sectors. • Bar U.S. citizens from qualifying for federal housing subsidies if they live with anyone who is not a U.S. citizen or legal permanent resident. • Force states to share driver’s licenses and taxpayer identification information with federal authorities or risk critical funding. These proposals, along with the others discussed herein, mark a significant divergence from traditional conservative immigration priorities like promoting merit-based immigration, fostering assimilation, and enhancing interior enforcement. Instead, they are designed to cripple the existing immigration system without regard for the extraordinarily harmful effects on the health and wealth of our country. They would weaken our nation’s prosperity and security and undermine the vitality of our workforce, with far-reaching consequences for future generations of Americans.
New York: The Niskanen Center, 2024. 17p.
By Ximena Canal Laiton
This paper explores the use of smugglers by Latin American and Caribbean migrants on their journeys to North America. It is based on responses to more than 3,000 4Mi surveys conducted in Costa Rica, Honduras and Mexico in 2022 and 2023 and includes findings on profiles of migrants who hired smugglers as well as information on the services they sought and their general perceptions of smugglers. As such, this paper provides a wealth of solid empirical evidence with a view to informing the work of policymakers and humanitarian actors.
Geneva, SWIT: Mixed Migration Centre. 2024, 14pg
By Shreya Bhat and Hui Yin Chuah
Mixed migration from Myanmar to countries in South and Southeast Asia has become a common phenomenon driven by various factors, including violence, insecurity, conflict, deprivation of rights, and economic reasons. The complexity of migration journeys is evident, often involving transit through multiple locations over extended periods. This report underscores the integral role of smugglers in facilitating migration from Myanmar to Malaysia and Thailand, influenced by a complex interplay of factors that result in considerable variation in the dynamics of smuggling among different population groups and on different routes. Understanding these dynamics is crucial for developing targeted interventions aimed at addressing the vulnerabilities and challenges faced by refugees and migrants in the region.
Geneva, SWIT: Mixed Migration Centre. 2024, 17pg
By Julia Black
Nearly 60 percent of deaths documented during migration are linked to drowning. Search and rescue capacities to assist migrants in distress at sea must be strengthened to help save lives, while working with IOM, partners, and governments to facilitate regular migration pathways. More than two-thirds of those whose deaths were documented through IOM’s Missing Migrants Project are unidentified. Without knowing the fate of migrants from their households and communities, families and those communities of origin must face the lasting impacts of the ambiguous loss of a loved one. More than one in three migrants whose country of origin could be identified come from countries in conflict. This implies attempts to leave areas of conflict without safe pathways to do so. One of IOM’s strategic priorities is to work with countries to facilitate safe, regular, and orderly pathways to ameliorate unnecessary loss of life through dangerous, irregular means.
Berlin: Global Migration Data Analysis Centre (GMDAC) International Organization for Migration (IOM). 2024, 19pg
By Polaris
We have long known human trafficking to be a pervasive and versatile crime, as traffickers and exploiters adjust to changing environments. The COVID-19 pandemic showed us the profound adaptability of human trafficking. A global pandemic did not stop or impede trafficking from happening and, with few exceptions, did not seem to change how it happens or to whom it happens. In this report, we examine data from the National Human Trafficking Hotline from January 2020 through August 2022 and explore a snapshot of the top findings of human trafficking during the calamitous pandemic years. We provide top trends and answers to questions we typically report on as a part of our data analysis, and introduce how select trends that began early in the pandemic changed or continued as the crisis evolved.
Washington, DC: Polaris. 2024, 10pg
By Andy Shen and Loria-Mae Heywood
A new report published today by UNU-CPR’s Finance Against Slavery and Trafficking (FAST) initiative argues that a small but significant change to the international anti-money laundering regime – the laws, regulations, and procedures used to tackle money laundering – could have enormous consequences for the fight against human trafficking and forced labour.
Making knowingly benefitting from human trafficking or forced labour a predicate offense to money laundering, the report stresses, would close the gap between the billions generated from these crimes and the meagre compensation provided to its victims and survivors. This is a challenge that persists despite international law codifying remedy for human rights violations.
New York: United Nations University Centre for Policy Research. 2023, 112pg
By OSCE - Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings
First of its kind, this report was designed to identify — in 40 OSCE participating States — the market-leading online sites and platforms for the explicit and non-explicit selling of sexual services where victims of THB for sexual exploitation could be advertised. The report's findings are based on the mapping and analysis of almost 2,900 sex services websites across the OSCE region, containing over 3 million advertisements; detailed information about how these websites operate is provided. The research also lists information and data associated with the sites and, through an analysis based on trafficking indicators, examines whether they can be exposed to human trafficking's risks.
Vienna: OSCE. 2023, 40pg
