Policing immigrants or policing immigration? Understanding local law enforcement participation in immigration control

As the United States has expanded its immigration control strategies, police participation in immigration enforcement has increased in scope and intensity. Local law enforcement agencies contribute to immigration enforcement in three key ways: through the direct enforcement of immigration law, through cooperation with federal immigration authorities, and through the everyday policing of immigrant communities. These enforcement approaches have consequences for unauthorized immigrants, and for the agencies and officers tasked with providing them police services. This article reviews local law enforcement practices and argues that future research should move away from an exclusive examination of police policies towards immigrants, to consider how the policing of immigrants actually occurs on the ground. Moreover, we argue that as long as discretionary arrests funnel removable immigrants into the deportation system, some immigrant communities will perceive policing as fundamentally unfair and discriminatory.     

Sanctuary Cities: Policies and Practices in International Perspective

Sanctuary cities in the USA, UK, and Canada aim to accommodate illegalized migrants and refugees in their communities. The concept of the “sanctuary city,” however, is highly ambiguous: it refers to a variety of different policies and practices, and focuses on variable populations in different national contexts. In this article, I examine the international literature to show how urban sanctuary policies and practices differ between national contexts and assess whether there are common features of sanctuary cities. I uncover legal, discursive, identity‐formative, and scalar aspects of urban sanctuary policies and practices. These aspects assemble in ways that differ between countries. The article concludes by raising important practical and theoretical questions about urban sanctuary.     

Municipal Law Enforcement Policy on Illegal Immigration Stops: Do Social Factors Determine How Aggressively Local Police Respond to Unauthorized Immigrants?

The devolution of immigration law has increased local police involvement in the enforcement of federal immigration law. But only some departments have responded by implementing policies that restrict their officers' involvement in order to protect residents from overzealous policing. We test theories of economic and ethnic threat to explore the structural characteristics of cities that explain this variation. Multiple regression results show that the most unequal cities that have large Hispanic populations are less likely to have a policy. Hispanic white segregation and high unemployment also reduce the likelihood of policy implementation. We discuss theoretical and policy implications.     

CIVIL ASSET FORFEITURE,CRIME, AND POLICE INCENTIVES: EVIDENCE FROM THE COMPREHENSIVE CRIME CONTROL ACT OF 1984

The 1984 federal Comprehensive Crime Control Act (CCCA) included a provision that permitted local law enforcement agencies to acquire up to 80% of the proceeds derived from civil asset forfeitures obtained in joint operations with federal authorities. We investigate how this rule governing forfeited assets influenced crime and police incentives by taking advantage of pre‐existing differences in state‐level civil asset forfeiture law and the timing of the CCCA. We find that after the CCCA was enacted crime fell about 17% in places where the federal law allowed police to retain more of their seized assets than state law previously allowed. (JEL K42, K15, H76)     

Does a helping hand put others at risk?: affirmative action,police departments,and crime

Will increasing the number of minority and women police officers make law enforcement more effective by drawing on abilities that have gone untapped and creating better contact with communities and victims? Or will standards have to be lowered too far before large numbers of minorities and women can be hired? Using cross‐sectional time‐series data for U.S. cities for 1987, 1990, and 1993, I find that hiring more black and minority police officers increases crime rates, but this apparently arises because lower hiring standards involved in recruiting more minority officers reduces the quality of both new minority and new nonminority officers. The most adverse effects of these hiring policies have occurred in the areas most heavily populated by blacks. There is no consistent evidence that crime rates rise when more women are hired, and this raises questions about whether norming tests or altering their content to create equal pass rates is preferable. The article examines how the changing composition of police departments affects such measures as the murder of and assaults against police officers.     

Immigration Policies and the Factors of Migration from Developing Countries to South Korea: An Empirical Analysis

This study examines the impacts of immigration policies adopted by the Korean government, vis‐a‐vis other economic, social, demographic, and political factors, on labour migration from developing countries to South Korea using a modified gravity model. The model is extended to marriage‐related migrants to gain insights on marriage migration. The positive results in three out of the five immigration policies examined affirm that liberal policies are associated with increased migration, especially for preferred groups like ethnic Koreans, marriage migrants, and professionals. The positive effects of “push” factors such as population, unemployment, and inflation are generally similar to their effects on migration to the US, Canada, Germany, and the UK despite its more rapid transition from a migrant‐sending into a migrant‐receiving country. Political terror's non‐significance may be due to South Korea's limited asylum policy. Finally, the results of the extended model imply that marriage migration share plenty of similarities with labour migration.     

Highly‐skilled Migration from China and India to Canada and the United States

Using publicly available data, this article aims to understand how immigration policies in Canada and the United States have affected the flow and utilization of highly‐skilled migrants from China and India. Reviewing existing literature on the policies about, and utilization of, human capital among highly‐skilled migrants, and describing the policy contexts in both receiving countries, we present detailed empirical evidence to show that in spite of their higher education attainment than the general population and the total foreign‐born population, China‐ and India‐born migrants are not immune from the brain waste phenomenon. This is especially so among the India‐born. We end the article with policy implications for both countries.     

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.     

Rethinking Sanctuary: The Canadian Context, 1983–20031

The first comprehensive study of sanctuary in Canada identifies 36 sanctuary incidents since 1983. Through 46 personal interviews with sanctuary providers and examination of some 1,600 documents, sanctuary in the Canadian context is revealed to be less a national religious movement or network and more an array of temporary local incidents occurring largely independent of one another and of the now expired U.S. sanctuary movement. These sanctuary incidents have resulted as much from local community as church‐based efforts, have mostly yielded positive outcomes for migrants involved, and are increasing in prevalence. Implications of these findings for understanding sanctuary are discussed.     

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.     

A Confluence of Interests in Immigration Enforcement: How Politicians,the Media,and Corporations Profit from Immigration Policies Destined to Fail

The concept of an immigration industrial complex draws from previous work on the prison industrial complex and the military industrial complex. All three of these complexes point to the ways that the interests of government bureaucracies, corporate elites, and politicians shape laws and policies. This article explains how the undocumented status of migrants provides advantages to at least three groups: (a) media pundits who make their careers railing against ‘illegal aliens’; (b) politicians who use undocumented migrants as scapegoats; and (c) contractors who profit from massive immigration enforcement expenditures. The disenfranchised status of undocumented migrants enhances the ability of each of these groups to benefit from their presence. This confluence of interests explains why Congress has not enacted viable immigration policies that effectively deal with the ‘problem’ of illegal immigration. This is the second in a two‐part series on the immigration industrial complex.     

“Tel Aviv Is Not Foreign to You”: Urban Incorporation Policy on Labor Migrants in Israel1

This article addresses the growing disjuncture between urban and national policies regarding the incorporation of labor migrants in Israel. Drawing on fieldwork, in‐depth interviews with Tel Aviv municipal officials, and archive analysis of Tel Aviv municipality minutes, we argue that urban migrant‐directed policy elicits new understandings of membership and participation, other than those envisaged by national parameters, which bear important, even if unintended, consequences for the de facto incorporation of non‐Jewish labor migrants. The crux of the Tel Aviv case is that its migrant‐directed policy bears especially on undocumented labor migrants, who make up approximately 16 percent of the city's population and who are the most problematic category of resident from the state's point of view. In demanding recognition for the rights of migrant workers in the name of a territorial category of “residence,” and by activating channels of participation for migrant communities, local authorities in Tel Aviv are introducing definitions of “urban membership” for noncitizens which conflict sharply with the hegemonic ethnonational policy. We suggest that the disjuncture between urban and national incorporation policies on labor migrants in Israel is part of a general process of political realignment between the urban and the national taking place within a globalized context of labor migration.     

Policing Chinese Migrant Sex Workers in Hong Kong

This article examines the nature of control of Chinese unwanted migrants. In contrast to much existing research work on the patterns and control of Chinese unauthorised migration to the West, the focus here is on the regulation of immigration violators who routinely move back and forth across the border between the People's Republic of China and the Special Administrative Region of Hong Kong. Through an examination of official statistics, relevant documents and pilot interviews with police officers, immigration officials and prison officers, this article aims to provide some critical insights into the operationalization of the migratory control regime in Hong Kong. In particular, the use of police crackdowns and imprisonment as a migration management instrument raises important questions about their efficacy and the differential impact on particular social groups, especially for women who overstay and are ostensibly engaged in migratory sexual labour.     

A Closed Immigration Country: Revisiting Japan as a Negative Case

The Japanese government maintains that the country admits only skilled economic migrants. Its statistics tell a different story. Skilled and low‐skilled economic migrants are admitted in equal measure. The aim of this article is to explain the dissonance between the government's policy rhetoric and policy outcome by turning to policy output. To this end, I quantitatively analyse immigration admission channels for economic migrants, using Ruhs' Openness and Rights Indicators (2013). The main findings not only go against much of what we believe about Japan but helps us reach a more nuanced understanding of its immigration policies. I demonstrate that Japanese immigration admission policies have become more open towards de facto low‐skilled economic migrants over time and are more open to de facto low‐skilled economic migrants than to de jure skilled economic migrants. Instead of openness, the gains made by certain groups of de jure skilled economic migrants have been exclusive immigration privileges related to permanent residence and family sponsorship.     

The Act of Reading as a Rite of Passage: Iurii Andrukhovych’s Rekreatsii

The paper uses the massive records of the Russian imperial consulates in Canada (known as the Li-Ra-Ma Collection) as well as other Russian and Canadian sources to demonstrate the role played by the tsarist diplomats in early twentieth-century immigration from the Russian Empire to Canada. It argues that while the functions of administrative and political surveillance were always a priority for the consuls, they also served as intermediaries between the immigrants and Canadian authorities and a medium of maintaining their links with the homeland. The majority of the consuls’ clientele were temporary labour migrants of Slavic origin, who resorted to the authority of the old state in resolving their problems in the host country, usually after alternative methods such as appeal to Canadian law or private agents did not bring results. Viewing all immigrants from Russia as subject to the tsar and Russian law, the consuls assumed the dual role of guardians of the immigrants’ interests and monitors of their political orientations.     

U.S. Immigration Policies, 1798-1992

U.S. policy towards immigrants since 1798 serves as a clear window through which to view both change and continuity in official resistance to the growth of a multicultural nation. Traditions of nativism, racism, and xenophobia are clearly documented in the history of immigration policy. So also are efforts to supplant these virulent traditions with greater receptivity to demographic diversity. Two centuries of federal policies on immigration, together with case records of social work agencies that served immigrants, constitute excellent texts from which to teach social work students about the historical ambivalence of the people of the United States and their government towards welcoming "others."     

Canada's Migrants without History: Neoliberal Immigration Regimes and Trinidadian Transnationalism

Temporary migration programmes have re‐emerged as a preferred mechanism for regulating labour migration in many migrant‐receiving countries in the past decade. In this paper, I consider the role of shifting Canadian immigration policies, notably the expanded streams for temporary workers, in the changing flow of migrants from Trinidad to Canada. Temporary programmes can bring workers to Canada relatively quickly, but they limit access to permanent residency and citizenship, in sharp contrast to most of Canada's earlier immigration policies. Ethnographic fieldwork reveals that Trinidadians actively seeking to make the move to Canada have little interest in new temporary work programmes. Rather, they continue to plan futures in Canada that they expect to be years in the making. I consider some reasons for this apparent refusal to submit to the new migration realities. I show that present‐day Trinidadian emigrant desires and practices are deeply connected to individual, familial and national emigration and immigration histories. Trinidadians are declining to participate in new immigration regimes and are restricting their migration practices to those forms that are historically familiar and have been proven successful. I attempt to show how ethnographic approaches that take seriously migrants' agency can assist in developing a fuller understanding of the ways in which migration flows are changing. These approaches reveal what are otherwise the silences and invisibility surrounding those whose previous access to permanent migration streams has been diminished through neoliberal restructuring of migration policy. I argue that temporary worker policies disregard long‐standing histories of migration and engagement with capitalist processes for people in particular regions of the world, rendering them, for policy purposes, effectively “people without history” (Wolf, 1982).     

How Do Migrants Fare in a Post‐Apartheid South African Labor Market?1

South African policies have historically emphasized employment as the reason for immigration. In post‐apartheid South Africa, stories about how “immigrants take away our jobs” abound in the mass media, yet few empirical studies have been undertaken to examine the validity of this claim. This study looks at the relationship between migration status, nativity and labor force outcomes in the post‐apartheid labor market. Our results suggest that migrants are more likely to participate in the labor force and to be gainfully employed than the indigenous population. Foreign migrants enjoy the highest labor force participation rates and employment rates in South Africa. South African‐born internal migrants also have significantly higher labor force outcomes than do nonmigrants.     

The role of law enforcement in schools: the Virginia experience--a practitioner report

Although there has been little academic research on the impact of placing police officers in schools, this practice has grown substantially in response to school shootings and other violent crimes in schools. With a standardized training program since 1999, the state of Virginia has law enforcement officers working in approximately 88 percent of Virginia's 631 secondary schools. Based on this experience, the state training coordinator describes how police officers should be selected and prepared to work as school resource officers. The success of school-based law enforcement requires careful selection and specialized training of officers who can adapt to the school culture and work collaboratively with school authorities.