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Book part
Publication date: 19 May 2009

Dita Vogel, William F. McDonald, Bill Jordan, Franck Düvell, Vesela Kovacheva and Bastian Vollmer

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United…

Abstract

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United States.

Methodology – The study builds upon research the authors have already done as well as desk research on recent developments. It uses three dimensions of the problem to focus the report: the hardware, software, and culture of police involvement in this issue.

Findings – In Germany, the local police are responsible for the enforcement of immigration control and have relatively fast and reliable means to identify undocumented immigrants. This is not the case in the United Kingdom and the United States, but there are trends toward more local police involvement, both by institutional cooperation and by the development of better databases and documents for faster identification. These trends are highly controversial in an environment that values community relations and is highly sensitive to racial profiling. However, there are also indications that the differences in typical police work such as traffic controls and crime investigation may not be as pronounced as the differences between the countries would suggest.

Research implications – This study highlights the need for ethnographic work with the police and with unauthorized immigrants to empirically describe and assess the role that the police are playing and its impact on police–community relations.

Practical implications – The German experience supports the value of a comprehensive information system for rapidly determining the immigration status of suspects, but it may not work as expected in the United States and the United Kingdom, where registration and identification obligations apply to foreign citizens only. With the US and UK experiences, one could predict that discriminating identification practices may become more sensitive issues in a Germany with increasing numbers of immigrated citizens.

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Immigration, Crime and Justice
Type: Book
ISBN: 978-1-84855-438-2

Book part
Publication date: 21 October 2019

Gil Richard Musolf

The immigration conundrum to craft policy that ensures border security and safeguards human rights is grave and complex. Individuals fleeing religious persecution made finding…

Abstract

The immigration conundrum to craft policy that ensures border security and safeguards human rights is grave and complex. Individuals fleeing religious persecution made finding refuge part of our heritage since colonial times. This American tradition has enshrined our values to the world. This essay is limited to summarizing the asylum process and recent events through the summer of 2018 which affect it. Policy changes are ongoing. The asylum process is complicated by illegal immigration. The surge in migrants arriving at and/or crossing the border has led to controversial policies over the years. Unlike those who illegally cross the border and remain unknown to law enforcement, everyone who makes an affirmative asylum claim to a United States Citizenship and Immigration Services (USCIS) officer, or a defensive asylum claim in immigration court, has been thoroughly vetted through identity, criminality, and terrorism background checks. Granting refuge to those fleeing persecution reaffirms the values of a country that is, as Lincoln richly stated, the last best hope of Earth. Comprehensive immigration reform is needed on many immigration issues, two of which are to ensure border security and safeguard the asylum-seeking process.

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Conflict and Forced Migration
Type: Book
ISBN: 978-1-83867-394-9

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Book part
Publication date: 19 July 2018

Robbie Eyles

Education is both a human right and an indispensable means of achieving other rights. Provision of education for irregular status migrant children tests the commitment of nation…

Abstract

Education is both a human right and an indispensable means of achieving other rights. Provision of education for irregular status migrant children tests the commitment of nation states to this basic right even as states curb irregular immigration. In the US, the right to go to school was guaranteed to irregular migrant children, by the case of Plyler v. Doe in 1982. This article argues that the right enshrined in that decision faces considerable risk of being eroded in the current political context. The article presents a detailed critical analysis of the rationale in the case, with a full consideration of the shaky constitutional framework on which the decision was based. It also examines the direct legal challenges to the right to education since Plyler, and the potential impact of new political and legal changes in contemporary times.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78756-208-0

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Book part
Publication date: 20 April 2023

Ayşe Gülce Uygun

This chapter studies the cooperation of the European Border and Coast Guard Agency, Frontex, with non-European Union (EU) countries, within the framework of externalization of…

Abstract

This chapter studies the cooperation of the European Border and Coast Guard Agency, Frontex, with non-European Union (EU) countries, within the framework of externalization of EU's migration policies. Although the externalization of migration management has long been on the agenda of the EU, the increasing irregular migratory challenges, especially in the wake of the so-called refugee crisis of 2015, caused intensification of the preexisting extraterritorial border security measures. Founded in 2004 and expanded over time, as one of the specialized agencies of the EU, Frontex cooperates with non-EU countries alongside the Member States to address security threats related to irregular migration. While aiming at securing the EU's external borders, Frontex's cooperation with mostly nondemocratic third countries also raise some concerns on the conformity with EU's principles and norms. The chapter, thus, focuses on the empowerment of the agency's mandate leading increased cooperation with non-EU countries; elaborates on its aim, role, and tools while outsourcing the external border protection measures; as well as discusses risks and criticism raising from the externalization of migration management.

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The European Union in the Twenty-First Century
Type: Book
ISBN: 978-1-80382-537-3

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Book part
Publication date: 19 May 2009

Scott H. Decker, Paul G. Lewis, Doris M. Provine and Monica W. Varsanyi

Purpose – Some local governments are asking their police departments to enforce federal immigration law more aggressively. However, there is little research or policy guidance…

Abstract

Purpose – Some local governments are asking their police departments to enforce federal immigration law more aggressively. However, there is little research or policy guidance available to assist police in balancing local immigration enforcement with the norms of community-oriented policing.

Methodology – This paper presents results from a national survey of municipal police chiefs.

Findings – The survey responses indicate substantial differences in the way that police departments are approaching unauthorized immigration.

Implications – The highly varied nature of policing practice on this issue is a function of the lack of clear policy guidance and models for local enforcement of immigration law.

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Immigration, Crime and Justice
Type: Book
ISBN: 978-1-84855-438-2

Book part
Publication date: 4 November 2021

Amy Dickinson

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits…

Abstract

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits on asylum seekers and refugees. In 2020, the US administration established a ceiling for refugees of 18,000 people, the lowest number on record, and only 11,814 refugees were admitted to the United States. The Biden administration has expressed commitments to building a coherent asylum and refugee system and quickly reversing recent detrimental policies. But the administration has cautioned how quickly change might occur, given how “agencies and processes…have been so gutted.”1

2016 to 2020 included an overwhelming series of changes to laws and policies affecting asylum seekers, often with little documented planning or communication, wreaking severe effects on conditions for asylum seekers at the US–Mexico border. These changes had significant consequences for human rights, most notably the linchpin right of access to information. At the US–Mexico border, must the right “to seek, receive and impart information” be fulfilled in order to fulfill the right to asylum?

While information professionals are not expected to be experts in law, they are experts in understanding the link between access to information and the realization of justice and human rights. This chapter investigates the role of the information professional in the fulfillment of the right to asylum, particularly in the context of contemporary asylum seekers at the US–Mexico border, volatile information landscapes, and the legal and historical framework in the United States for seeking asylum.

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Libraries and the Global Retreat of Democracy: Confronting Polarization, Misinformation, and Suppression
Type: Book
ISBN: 978-1-83982-597-2

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Book part
Publication date: 19 May 2009

Wesley G. Skogan

Purpose – This chapter examines some of the dilemmas involved in policing immigrant communities.Methodology – The chapter is based upon the relatively limited research literature…

Abstract

Purpose – This chapter examines some of the dilemmas involved in policing immigrant communities.

Methodology – The chapter is based upon the relatively limited research literature on policing immigrant communities, an ongoing review of the contemporary dynamics of this issue in cities and states using the Internet, and original research in Chicago where a large and rapidly growing immigrant Latino community offers examples of most of the observations made by others.

Findings – The chapter first examines some of the barriers limiting the ability of local police to work effectively in heavily immigrant areas. It then describes how these barriers are exacerbated by the presumed presence of significant concentrations of unauthorized migrants as well as legal residents. Demands that local police in the United States become more involved in enforcing immigration laws have become a point of great contention because this involvement runs at cross-purposes with community policing and other strategies to engage more closely with the community.

Research implications – The magnitude of this conflict is illustrated by current debate over “sanctuary cities.” These are communities where local officials have resisted the enforcement priorities of the federal government, and have continued to emphasize the role of the police in serving all residents.

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Immigration, Crime and Justice
Type: Book
ISBN: 978-1-84855-438-2

Book part
Publication date: 16 August 2016

Greg Prieto

Drawing on 61 interviews with Mexican immigrants and ethnographic participant observation conducted over three years, I compare social movement organizing in two cities in one…

Abstract

Drawing on 61 interviews with Mexican immigrants and ethnographic participant observation conducted over three years, I compare social movement organizing in two cities in one California County: one more progressive and the other more repressive. I profile two campaigns waged by Mexican immigrants and their allies in response to two threats posed by police: (1) car impoundments of undocumented, unlicensed drivers’ vehicles and (2) police killings. As political process theory was extended to authoritarian settings, scholars have demonstrated that both growing political opportunity and threat stimulate mobilization. Building on this trend in the literature, this study’s contribution lies in its specification of the relationship among political opportunities, threat, and mobilization tactics. I argue increasing local political opportunity gives rise to more collaborative protest tactics, while relatively more threatening environments yield more confrontational tactics. Because opportunity and threat are not objectively assessed, nor do they automatically inspire protest, I also consider the role of state targets, formalized SMOs, and the influence of coalition partners on tactics. Ethnographic methods are particularly useful for understanding the way organizers and activists, from within organizations that favor distinct tactical repertoires, perceive and attribute threat and opportunity, shedding light on the micro- and meso-level dynamics that shape the social form of mobilization.

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Narratives of Identity in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-1-78635-078-7

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Book part
Publication date: 27 September 2021

Aleksandra Wegera

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The…

Abstract

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The necessity to flee to safer countries at a time of particular political unrest has necessitated the use of fraudulent documents, which the sanction regime and subsequent case law have attempted to curtail. However, increased investigation into legitimacy of travel documents has induced the taking of dangerous routes to reach Britain. In particular, danger is posed by oncoming traffic, and where entry is attempted clandestinely, within lorries. Men, accounting for the majority of irregular entrants, are more likely to experience danger. Due to the very nature of their precarious position, potential asylum seekers may not hold travel documents, which induce the taking of dangerous routes to make asylum applications once in Britain. This chapter will attempts to link carrier sanctions, danger, and humanitarian obligations.

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Privatisation of Migration Control: Power without Accountability?
Type: Book
ISBN: 978-1-80117-663-7

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Book part
Publication date: 3 January 2015

S. Lorén Trull and Bruce A. Arrigo

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human…

Abstract

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human capital harm. In support of this thesis, the chapter reviews the pertinent human rights, law, and social science evidence, and it concludes that the maintenance of the nation’s existing immigration policy only makes sense within the context of the intentions of the 19th century child-saving movement. To substantiate this view, the political-economic drivers of contemporary US immigration policy (i.e., its child-saving dynamics) are explored. The chapter concludes by speculatively addressing the character (i.e., the form and quality) of modern-day juvenile immigration policy as child-saving informed by the philosophy and criticism of Psychological Jurisprudence (PJ).

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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