Unauthorized Migrants and the (Il)Logic of “Crime Control”: A Human Rights Perspective on US Federal and Local State Immigration Policies

Immigration control, widely regarded the sovereign right of nation states, has often been pursued at the expense of civil and human rights. More than a century ago, nativists legitimated a punitive approach to immigration control that treated migrants’ rights as secondary by branding millions of newcomers to the United States as a “dangerous class”. In many ways, recent policies similarly criminalize immigrants and deploy crime control strategies in response. This article reviews the most significant of these policies at the federal and local state level, including: border security measures, detention and deportation, the 287(g) program, anti‐immigrant city ordinances, and the Arizona law (SB1070). Each initiative has been framed as necessary to protect American citizens from serious crime. We focus on four ways in which these policies violate human rights: first, border security measures that result in migrant deaths violate the right to life; second, detention and deportation violate the right to liberty; third, detention and deportation punish unlawful residents as though they were guilty of criminal rather than civil violations of the law, imposing penalties that are arbitrary and disproportionately harsh; and fourth, local state policies to counter illegal immigration encourage racial profiling, a practice that violates the right to freedom from discrimination.     

Far from a Burden: EU Migrants as Pioneers of a European Social Protection System from Below

At a time when the belief in a welfare crisis is being connected to a so-called “migration crisis”, in particular in the United Kingdom, it is important to look at the lived experiences of mobile EU citizens and the influence of transnational social protection practices. The article introduces the concept of a “migration-welfare corridor” – as opposed to the widespread welfare magnet hypothesis – taking into consideration the role of welfare systems in origin and destination countries at different stages of a migrant's life cycle, the changing nature of the welfare habitus as well as migrants’ attitudes towards what can be defined as welfare chauvinism. Looking specifically at the case of Spanish and Polish migrants in the UK who have reacted to this protracted environment of deterrence, particularly in respect to their welfare rights, this paper discusses several dimensions that should be taken into consideration when analyzing transnational social protection practices from below.     

The fiscal and human costs of immigrant detention and deportation in the United States

An extensive body of literature has analyzed the individual impacts and collateral consequences of mass incarceration. However, few studies explore the consequences of a parallel and overlapping system: mass immigration detention and deportation. The last 30 years witnessed a dramatic increase in the number of noncitizens detained in and deported from the United States. Individuals detained under immigration laws are held pending adjudication, often mandatorily, and without many basic constitutional protections. Immigrant detention and deportation impose severe burdens on immigrants and their households and levy significant costs to society—financially, as well as in terms of social capital and community well‐being. Chiefly due to the difficulty in accessing noncitizens in the process of detention and deportation, this system has largely escaped sociological inquiry. This article provides a background for understanding the growth and consequences of detention and deportation in the United States. It reviews the literature on these immigration law enforcement programs and suggests topical and methodological directions for future research.     

Emigration of Poles to the United Kingdom: history,present state and future prospects

The history of Polish immigration within the United Kingdom is several centuries old. Yet never in its history was such a mass migration as that after the Polish accession to the EU in 2004. During the over ten years that followed, almost a million Poles chose to settle in the United Kingdom. This article reviews and analyses past and present Polish emigration to the United Kingdom. It provides answers to questions regarding who the Polish immigrants are, what work they perform and how they have integrated within British society. It also considers the factors that have influenced the future dynamics of migration from Poland. Based on these, we have formed the hypothesis that while the years of 2004‐2016 saw, statistically, the largest emigration from Poland to the United Kingdom in recorded history, in the future, the number of Polish expatriates living in the United Kingdom will drop or at least the number of newcomers will decrease.     

Irrational rationalities and governmentality-effected neglect in immigration practice: Legal migrants’ entitlements to services and benefits in the United Kingdom

Governments’ attempts to manage immigration increasingly restrict immigrants’ eligibility to healthcare, education, and welfare benefits. This article examines the operation of these restrictions in the United Kingdom. It draws on qualitative research with civil servants and NGO expert advisors, and applies sociological theories on bureaucracy as a lens to interpret these data. Conceptually, the paper employs a generative synthesis of Ritzer’s notion of “irrational rationality” and Foucault’s perspective on “governmentality” to explain observed outcomes. Findings show that public service workers struggle with complex and opaque regulations, which grant different entitlements to different categories of migrants. The confusion results in mistakes, arbitrary decisions, and hypercorrection, but also a system-wide indifference to irrational outcomes, supported by human factors in contexts of austerity. I consider this a form of governmentality-effected neglect, where power operates as much through inaction as well as through intention, but which results in exclusions of legal migrants that are harsher in practice than in law.     

On the Labour Market Progress of Polish Accession Workers in South‐East England

The enlargement of the European Union (EU) in May 2004 produced a very significant wave of immigration to the United Kingdom that is likely to continue to impact its labour market in forthcoming years. Polish migrants were by far the largest cohort of the new entrants. This paper complements previous work that has begun to establish the characteristics and labour market performance of migrants from the new member states who have entered the United Kingdom. This paper uses a unique micro‐level data base to investigate the labour market evolution of Polish migrants in the UK labour market. We find that in the first UK job returns to human capital were negligible. However, for the current job an extra year of education increases the weekly gross wage by 3.2 per cent. There is evidence of a gender differential in pay in both jobs and that older workers are paid more than their younger counterparts but this effect becomes insignificant in the current job. We find that hours worked is a significant factor in wage determination. However, the influence of hours worked on wages declined by approximately 38 per cent between the first and current job. Results from multinomial logit models suggest that over‐time there is some “match” between the occupational groupings that these workers were attached to in Poland and the United Kingdom. We also find evidence that the use of employment agencies by some of these workers increases the likelihood of employment in skilled manual and non‐manual occupations. Workers who have had supervisory responsibility in the United Kingdom are more likely to be in professional or intermediate occupations.     

Needed but Not Liked – The Impact of Labor Market Policies on Natives’ Opinions about Immigrants

This article builds on the notion that immigrants’ integration into the labor market benefits migrants and shapes natives’ opinions about immigrants. Using insights from the newest literature on labor immigration and drawing upon the literature on attitudes toward immigrants, the article explores in a multilevel design the impact that regulations in the EU member states concerning immigrants’ access to domestic labor markets have on threat perceptions and on opinions about immigrants’ economic role. It finds that labor market regulations have a positive effect on opinions about immigrants’ economic role and reduce the negative relationships between precarious labor market status and opinions about the economic role. However, a robust effect of labor market regulations on threat perceptions was not found. Our results imply that labor market incorporation rules need to be accompanied by other measures to close the gap between natives and immigrants.     

Importing Trachoma: The Introduction into Britain of American Ideas of an 'Immigrant Disease', 1892-1906

This article examines how the American perception of trachoma as a disease prevalent among East European Jewish migrants was adopted in Britain in the years immediately preceding the passing of the 1905 Aliens Act. Increasingly rigorous immigration law in the United States meant that a proportion of migrants who arrived were refused entry and were subsequently forced to return to Europe. Steamship companies' interests, however, meant that a number of those migrants debarred from America were returned not to European frontiers but to the United Kingdom. One of the most potent ramifications of this was that trachoma, the reason why 87 per cent of migrants were rejected from America on health grounds, was considered in Britain to embody Britain's role as the destination for those migrants not fit for settlement in America. The disease was picked up by the growing anti-immigration lobby, who used it as symbol of the 'undesirability' of the immigrant in Britain.     

Migration Trends and Migration Policy in Europe

This paper summarizes the latest information on both stocks and flows of migrants in Europe, focusing specifically on arrivals from developing countries. It starts out by setting this into its historical context by showing how flows of labour migrants were followed by flows of family members, and later by asylum seekers and refugees. Then it looks more closely at recent migration data, though it finds these to be frequently incomplete and inconsistent. The most comparable cross–national data come from the OECD and Eurostat, which indicate that Germany had the largest flows of migrants in the 1990s followed by the United Kingdom. In addition to these arrivals there are probably between 2 and 3 million undocumented immigrants in Europe – accounting for 10 to 15 per cent of the total population of foreigners. The paper also traces the countries from where immigrants are leaving. Sources vary considerably from one immigration country to another, reflecting a number of factors, of which the most important are former colonial links, previous areas of labour recruitment, and ease of entry from neighbouring countries. In recent years, however, immigrants have been coming from a wider range of countries and particularly from lower–income countries. The paper also examines changes in immigration policy. National policies were fairly liberal during the 1950s and 1960s, before becoming restrictive from the 1970s on. Recently, however, a number of governments have been revising their policies to take better account of employment and demographic needs. The paper also traces the emergence of a cross–national European response to immigration, as European Union (EU) countries have become more concerned about their common external frontier. Thus far European countries have done little to try to control migration through cooperation with sending countries. They could, for example, direct Official Development Assistance to those countries most likely to send immigrants, though few appear to have done so in a deliberate fashion. The paper concludes that in the future immigration to the EU is likely to increase, both as a result of the demand for labour and because of low birth rates in the EU. In the short and medium term many of these requirements are likely to be met by flows from Eastern Europe, particularly following the eastward expansion of the EU. But, the longer–term picture will probably involve greater immigration from developing countries.     

Importing Trachoma: The Introduction into Britain of American Ideas of an ‘Immigrant Disease’, 1892–1906

This article examines how the American perception of trachoma as a disease prevalent among East European Jewish migrants was adopted in Britain in the years immediately preceding the passing of the 1905 Aliens Act. Increasingly rigorous immigration law in the United States meant that a proportion of migrants who arrived were refused entry and were subsequently forced to return to Europe. Steamship companies' interests, however, meant that a number of those migrants debarred from America were returned not to European frontiers but to the United Kingdom. One of the most potent ramifications of this was that trachoma, the reason why 87 per cent of migrants were rejected from America on health grounds, was considered in Britain to embody Britain's role as the destination for those migrants not fit for settlement in America. The disease was picked up by the growing anti-immigration lobby, who used it as symbol of the ‘undesirability’ of the immigrant in Britain.     

Migration Policies and Political Cultures in Europe: A Changing Trend

This paper discusses the relationships between the migratory policies of the EU countries with more experience of immigration and their national political cultures. It focuses on France, Germany and the United Kingdom. It then looks at Italy, a relatively new country of immigration, which, with 3,000,000 legal immigrants, has become the fourth country of immigration in Europe and the first in the Mediterranean basin. In its final part it highlights the incipient process of ‘communitarisation’ of the immigration policies of EU countries in the last decade. This process, which has already entailed a significant convergence of their migratory policies, is expected to continue after the recent enlargement of the European Union.     

Mobile pensioners: retirement migrants’ perspectives of EU citizenship and free movement

The European institutions picture EU citizens as important actors in the process of transforming EU citizenship into a “tangible reality”. By knowing and practising EU citizenship rights, EU citizens are supposed to give meaning and depth to the otherwise hollow concept of EU citizenship. What EU citizenship means for mobile citizens themselves and how EU citizens practice and evaluate their rights (“lived citizenship”) is generally not a central theme in reports and studies on EU citizenship. In this article the value of EU citizenship will be discussed by applying a qualitative research approach and by focusing on retired EU citizens’ perspectives and practice of, in particular, free movement. This article applies a comparative approach and includes EU citizens who move or return from the Netherlands to Spain or Turkey after retirement. Four groups of EU citizens move between these countries: Dutch nationals who move to Spain, Spanish nationals who return to Spain, Dutch nationals who move to Turkey and Turkish dual-nationals who return to Turkey after retirement. This article shows that migratory background, country of origin, country of retirement and the way in which EU citizenship is acquired determine retirement migrants’ perspectives and practice of EU citizenship.     

International migration: demographic and socioeconomic consequences in the United Kingdom and Europe

"This article evaluates the consequences of international migration since World War II, with particular reference to Great Britain. It emphasizes the substantial differences between the origins and responses to immigration in the United Kingdom and that of the rest of Western Europe." It is found that "people of non-European origin from Commonwealth countries have predominated in postwar immigration to the United Kingdom. That migration neutralized the previously dominant pattern of emigration and increased U.K. population by about 3 million people through immigration and higher fertility, with only slight effects upon the age distribution."     

East European Jewish migrants and settlers in Belgium, 1880–1914: a transatlantic perspective

This article analyses whether the Jews leaving Tsarist Russia and the Austro‐Hungarian Empire, part of the transatlantic mass migration of the end of the nineteenth century, became subject to state control. Most emigrants from Eastern Europe in this period passed through the ports of Bremen, Hamburg and Antwerp. In the 1880s only a few emigrants were not welcome in America and sent back to Europe, but economic competition and the supposed health threat immigrants posed meant the US became the trendsetter in implementing protectionist immigration policy in the 1890s. More emigrants were returned to Europe because of the newly erected US federal immigration control stations, but many more were denied the possibility to leave for the United States by the remote control mechanism which the American authorities enforced on the European authorities and the shipping companies. At the Russian–German border and the port of Antwerp, shipping companies stopped transit migrants who were deemed medically unacceptable by American standards. The shipping companies became subcontractors for the American authorities as they risked heavy fines if they transported unwanted emigrants. The Belgian authorities refused to collaborate with the Americans and defended their sovereignty, and made shipping companies in the port of Antwerp solely responsible for the American remote migration control. Due to the private migration control at the port of Antwerp transit migrants became stuck in Belgium. The Belgian authorities wanted these stranded migrants to return “home.” It seems that the number of stranded migrants remained manageable as the Belgian authorities did not make the shipping companies pay the bill. They were able to get away by making some symbolic gestures and these migrants were supported by charitable contributions from the local Jewish community.     

The State,Unauthorized Mexican Migration,and Vulnerability in the Workplace

For the last 20 years, migration scholars have generated a number of important empirical insights about the ways in which the state, through the enactment of immigration policies, creates workplace vulnerabilities such as discrimination, harassment, wage theft, workplace raids, and the threat of deportation. Recent studies of illegality also examine the role of the state but do so in a way that explores what legal status means and how it is experienced in everyday lives of migrants marked as “illegal” by the state. This article reviews recent research that shows that the state operates in a gray zone of enforcement that puts migrants in ambiguous social spaces and heightens their vulnerability at work. However, research also finds that migrants find ways to exert their agency in challenging work environments.     

South‐South Irregular Migration: The Impacts of China's Informal Gold Rush in Ghana

This article examines irregular South‐South migration from China to Ghana, and the role it played in transforming livelihoods and broader developmental landscapes. It looks at the entry of approximately 50,000 Chinese migrants into the informal small‐scale gold mining sector from 2008‐2013. These migrants mainly hailed from Shanglin County in Guangxi Province. In Ghana, they formed mutually beneficial relationships with local miners, both legal and illegal, introducing machinery that substantially increased gold production. However, the legal status of Chinese miners was particularly problematic as, by law, small‐scale mining is restricted to Ghanaian citizens. In mid‐2013, President Mahama established a military task force against illegal mining, resulting in the deportation of many Chinese miners. The article examines the experiences of both Chinese migrants and Ghanaian miners. Findings are that irregular migration into an informal sector had long‐lasting impacts and played a significant role in the transformation of economic, political, and physical landscapes in Ghana.     

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains “the last major redoubt of unfettered national sovereignty.”     

Polish migrant settlement without political integration in the United Kingdom and Ireland: a comparative analysis in the context of Brexit and thin European citizenship

Following EU enlargement in 2004, the United Kingdom and Ireland experienced large‐scale migration from Poland and other new EU states. The Poles who migrated to both jurisdictions were demographically similar and have faced similar challenges although these have begun to diverge in the context of Brexit. Previous research emphasized the intentional unpredictability of many Polish migrants who deferred decisions whether to settle or return which appears to account for limited political incorporation in both the Irish and UK cases prior to Brexit. This literature also examined how such migrants have become socially embedded but not politically integrated. Drawing on surveys conducted in Ireland and the UK during 2018, we highlight predicaments arising from the thin nature of EU citizenship which allowed for free movement but has neglected political integration. In the Irish case, we suggest that EU migrants, including Poles, are likely to remain detached from citizenship and political participation.     

Experiencing ‘Illegality’ as a Family? Immigration Enforcement,Social Policies,and Discourses Targeting Mexican Mixed‐Status Families

Mexican mixed‐status families have been front and center in embroiled national debates about the place of undocumented immigrants and their citizen family members in this country. These families face unique obstacles, including possible family fragmentation caused by deportation, challenges to birthright citizenship, and they are often targeted by anti‐immigrant elected officials and political pundits that perpetuate a racialized discourse that casts even citizen children in these families as an abomination of US citizenship. Therefore, “illegality” may be a familial experience that can be endured by citizens and non‐citizens alike. Despite their unique vulnerabilities, researchers know very little about how mixed‐status families experience belonging in the country while managing possible tensions and inequalities shaped by immigration status. In this article, I review the research on punitive immigration enforcement and the scholarship on social policies and discourse targeting mixed‐status families. I conclude by reviewing new directions in sociological research and suggest avenues for research that may examine mixed‐status families' subjectivities, belonging, and negotiations of family relationships.     

The UK Migrant Cap,Migrant Mobility and Employer Implications

Advocates of the “borderless world” thesis suggest that migrant workers can benefit from employment opportunities available everywhere, with workers simply migrating towards these opportunities. However, as global inequalities widen and potential global mobilities develop, states are “managing” migration. Individual migrant “agency”, its structuration, and the subsequent experiences of migrants and employers, can restrict such mobility. Consequently, there is a need to describe and problematize the new strategies. This article considers these issues with reference to the emerging impact of the migrant cap on non‐European Economic Area (EEA) migrants to the United Kingdom (UK). It explores the links between immigration and employment rights and the implications for migrant mobility. Policies of “managed migration” frequently do not take into account issues of geography and intra and inter regional competition for migrants by employers operating in sectors with skill shortages, or differential migrant “agency” in the form of their skills and attributes. This may impinge on the effectiveness of such approaches and on economic prosperity at a national, regional and local scale.