Article

What Part of "Illegal" Don't You Understand? The Social Consequences of Criminalizing Unauthorized Mexican Migrants in the United States

Article

What Part of "Illegal" Don't You Understand? The Social Consequences of Criminalizing Unauthorized Mexican Migrants in the United States

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Abstract

In this article, we examine the social repercussions of criminally prosecuting individuals that cross into the United States without official documentation. The "criminalization of immigration law" (Coleman, 2007), federal- and state-level anti-immigrant initiatives, and an incarceration-oriented approach to dealing with unauthorized migration have redefined what it means to be undocumented in the United States, a definition with more sociological implications than ever before. Using strain theory (Agnew, 1992; Merton, 1938) and Cloward and Ohlin's (1960) concept of illegitimate means structures, we discuss the social ramifications for migrants who are exposed to a potentially unfamiliar criminal element while incarcerated for unauthorized entry. First-hand accounts of migrants' experiences were gathered from face-to-face semi-structured interviews of 210 randomly selected individuals at a migrant shelter in northern Mexico.

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... Although a growing body of research documents the criminalization of unauthorized immigration (Coleman 2007;De Genova 2007Dowling and Inda 2013;Martínez and Slack 2013), studies of the effect of this trend on unauthorized migrants' lived experiences are still lacking. Qualitative research has documented the effect of the criminalization of the act of unlawful entry on migrants themselves, suggesting that imprisonment may perversely create the very "criminals" that such policies purport to deter (Martínez and Slack 2013). ...
... Although a growing body of research documents the criminalization of unauthorized immigration (Coleman 2007;De Genova 2007Dowling and Inda 2013;Martínez and Slack 2013), studies of the effect of this trend on unauthorized migrants' lived experiences are still lacking. Qualitative research has documented the effect of the criminalization of the act of unlawful entry on migrants themselves, suggesting that imprisonment may perversely create the very "criminals" that such policies purport to deter (Martínez and Slack 2013). Other studies explore how ICE's enlisting of the police in interior immigration enforcement breeds social isolation among migrants (Sáenz, Menjívar, and García 2013), creates parentchild separations and difficulties in schooling for their young children (Gallo 2013), and obstructs health care access (Alexander and Fernandez 2014). ...
Article
The highly publicized 2008 Immigration & Customs Enforcement (ICE) worksite raid in Postville, Iowa, signaled a new strategy in interior immigration enforcement. Rather than merely deport the unauthorized workers it apprehended, ICE arrested them on charges of working under stolen documents (aggravated identity theft) and invented Social Security numbers (Social Security fraud) and imprisoned them prior to their deportation. Drawing on interviews with forty-five migrant farmworkers and six labor supervisors in a migrant farmworking community in California's Central Valley, this article explores how unauthorized migrants obtain the work documents they must provide to labor supervisors in order to work. This article shows that the poverty and marginalization of migrant communities has led to the mutually beneficial exchange of work authorization documents between donors with legal status and recipients without legal status. Using ethnography to recontextualize these document loans, this article offers an alternative interpretation of the criminal charges levied in Postville. Because voluntary document exchanges may be misrepresented as involuntary theft, labor supervisors use their knowledge of identity loan to suppress identity recipients’ workers’ compensation claims. This article examines the effect of the criminalization of immigration on labor discipline, suggests that migrant “denounce-ability” has joined migrant “deportability” as a powerful new tool of labor subordination.
... First, it lacks an explicit discussion on the basis of which identifiers migrants are being criminalised. The literature on the USA and Europe, but also on countries in the Global South, such as South Africa, has discussed the criminalisation of irregular migration status (Abrego et al. 2017;Alfaro-Velcamp and Shaw 2016;Martinez and Slack 2013;Menjívar and Kanstroom 2014). Recent studies also show the criminalisation of asylum seekers in the USA and Europe, as well as in Israel, Turkey, and Australia (Biehl 2015;Hodge 2015;Kienast 2020;Orr and Ajzenstadt 2020). ...
... Here, racialisation does not only refer to putative phonotypical or biological difference, but it can also instrumentalise, or construct, ethnic and cultural traits, such as language as the basis of differentiation. Some case studies are concerned with particular nationality groups, such as Mexicans in the USA (Martinez and Slack 2013), or Ugandan women in Turkey (Coşkun 2018). Others study migrants' "ethnicities" based on regional origins, such as "Latinos" in the USA (Menjívar and Kanstroom 2014), "Eastern Europeans" in the UK (Parmar 2019), or "Africans" in Israel (Orr and Ajzenstadt 2020). ...
Article
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This article examines how Venezuelan forced migrants in Peru experience xenophobic discrimination, which has become increasingly linked to their criminalisation as thieves and murderers. Based on 12 months of qualitative fieldwork, including 72 in-depth interviews, five focus groups, and a survey (N116) in five Peruvian cities, we explore how Venezuelans experience, and make sense of, discrimination and criminalisation in everyday life. First, we discuss how criminalisation compares to general xenophobic discrimination, and other types of discrimination experiences. Second, we juxtapose the prevalence of xenophobic discrimination and criminalisation experiences across the five cities of our study, and between public spaces and the workspace. We then move to the qualitative discussion of the criminalisation experience in these different spaces. Fourth, we discuss how Venezuelan migrants perceive this criminalising discrimination as linked to their villanisation in the media and political discourses. Finally, we discuss our findings and make suggestion for further research. The paper contributes to the literature on migrant criminalisation by exploring how criminalisation processes play out in the context of large-scale intraregional forced displacement in the global South.
... Critical scholars have also pointed to the possible unintended negative social con- sequences of processing largely economic migrants as criminals through Operation Streamline and incarcerating them alongside more serious criminal offenders . Interior immigration enforcement programs have been questioned for undermining community policing and straining community-police relations in immigrant communities, for separating US citizen children from their immigrant parents, and for focusing on relatively minor offenders rather than serious, violent offenders ( Martínez and Slack 2013;Kubrin 2014;Martinez and Iwama 2014). In a similar vein, ATEP has been condemned for increasing the vulnerability of an already vulnerable population by deporting them to unfamiliar and dangerous areas in northeastern Mexico at all hours of the day (Meyer and Isacson 2013;Slack et al. 2013). ...
Article
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Drawing on postdeportation surveys (N = 1,109) with Mexican migrants, we examine the impact of immigration enforcement programs and various social factors on repeat migration intentions. Our multivariate analyses suggest immigrants with strong personal ties to the United States have higher relative odds of intending to cross the border again, even when controlling modes of removal from the United States. Our findings highlight the inevitable failure of immigration policy and enforcement programs when placed against the powerful pull of family and home. These findings shed greater insight on the complex nature of unauthorized migration in an era of increased securitization and deportation.
... Anthropologists (and others) have sought to remedy this by foregrounding hidden migrant lives, particularly those of Latin Americans in the United States (Boehm 2008;Gomberg-Muñoz 2010;Gonzales and Chavez 2012;Ong et al. 1996;Stephen 2003). While the border region has drawn the most attention (Alvarez 2012;Correa-Cabrera and Staudt 2014;Coutin 2011;Heyman 1998Heyman , 2012Martinez and Slack 2013), others have examined processes of (non)integration far from the actual border (De Genova 2005;Lattanzi-Shutika 2011;Marrow 2011). Despite contemporary discussions of "belonging" (Nawyn et al. 2012), engagements with the construction of immigrant experience continue to focus on macro-level policy (De Genova 2002), rather than quotidian concerns such as local criminal justice relationships (Cleaveland and Pierson 2009). ...
Article
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In 2008, Ecuadorean migrant Marcelo Lucero was murdered in Patchogue, New York, by seven White, Black, and Hispanic teenagers who described what they had done as "Mexican hopping." A widespread belief emerged, including in scholarly publications, that the killing reflected pervasive racism directed at Latin American migrants, particularly vulnerable undocumented ones. The killing and the public discourses that emerged from it led community organizations to sponsor events and programs to teach ethno-racial tolerance and the local government to prescribe sensitivity training for police and other public officials. However, the assumptions that drove such policies remain untested by research. This article seeks to address this lacuna through a respondent driven sampling survey of 146 Central American migrants who reported victimization during the previous twelve months in neighboring Nassau County in 2008. Findings suggest that anti-racist correctives meant to address the Lucero killing did not meet the needs or concerns of the majority of violently victimized migrants whose primary vulnerability appears to be based on legal status and their status as part of the roughly 20 percent of the United States that is un- or under-banked, more than, or in addition to, their racial or ethnic identity.
... Anthropologists (and others) have sought to remedy this by foregrounding hidden migrant lives, particularly those of Latin Americans in the United States (Boehm 2008;Gomberg-Muñoz 2010;Gonzales and Chavez 2012;Ong et al. 1996;Stephen 2003). While the border region has drawn the most attention (Alvarez 2012;Correa-Cabrera and Staudt 2014;Coutin 2011;Heyman 1998Heyman , 2012Martinez and Slack 2013), others have examined processes of (non)integration far from the actual border (De Genova 2005;Lattanzi-Shutika 2011;. Despite contemporary discussions of "belonging" (Nawyn et al. 2012), engagements with the construction of immigrant experience continue to focus on macro-level policy (De Genova 2002), rather than quotidian concerns such as local criminal justice relationships (Cleaveland and Pierson 2009). ...
Article
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This issue of Human Organization is the result of the transborder conference Cultura y Comunidad held in Ensenada, Mexico (2014). Stemming from the "world-wide" incentive and trajectory of the SfAA, and the growing interest in "Applied Anthropology" in Mexico, Mexican and United States institutions joined with the SfAA in a collaborative conference to explore transborder themes affecting individuals and communities, social process, and social justice from the perspectives of transborder anthropologies. Applied vs. Activist anthropology and differences in Mexican and United States anthropology are explored. The conference proposed acknowledging the regional, transnational/transborder - the Southwest North America and Northern Mexico as a geographic and fluid human entity. Gender, indigeneity, education, health and cancer treatment, monetary exchange, violence, and ethnic representation are discussed from both Mexican and United States transborder perspectives. A principal goal is to engage "world anthropologies" in dialogue and collaboration while challenging anthropology's western hegemonic structure.
... criminalisation (e.g.Calavita 2003 [32]; Martinez & Slack 2013[33];Kubal 2014 [2]) although there is still much scope for large-scale comparative research in this area.4.0 Criticisms of criminalizationCriticisms of criminalization have frequently related to the areas of impact as outlined above, drawing attention, in particular, to the impact on individuals and the ways in which criminalization may lead to a stigmatization at a societal level. In addition, criticisms have also addressed the ways in which criminalization of migration may challenge the existing juridical systems. ...
Preprint
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In this entry the concept of criminalization of migration is presented. Criminalization refers to the set of practices such as border control, detention of undocumented migrants and public discussion of migrants as criminals which serve to place migration within a frame of threat to national security. The entry briefly introduces the concept of criminalization, discusses the legislative and discursive processes of criminalization and then summarises work on the impact of this trend and criticisms.
... The data discussed in this paper come from two independent yet complementary projects: Wave II of the Migrant Border Crossing Study (MBCS) and the Economic Crisis and Response in Migrant Communities in Puebla Study, hereinafter referred to as the Puebla study. The MBCS is based on 1,110 surveys with a random sample of recently deported Mexican migrants (Slack et al. 2013). The surveys were conducted in five Mexican border cities: Tijuana, Mexicali, Nogales, Ciudad Juárez, and Nuevo Laredo. ...
Article
Despite proposed increases in spending on personnel and equipment for border enforcement, the complex geography of border militarization and the violence it produces require further examination. We take a geographical perspective to determine the role of violence in both its official forms, such as the incarceration and punishments experienced by undocumented migrants, as well as through abuses and violence perpetrated by agents in shaping border and immigration enforcement. By drawing on the Migrant Border Crossing Study (MBCS), which is a unique data source based on 1,110 surveys of a random sample of deportees, as well as research with family members and return migrants in Puebla, Mexico, we provide an innovative and robust account of the geography of violence and migration. Identifying regional variation allows us to see the priorities and strategic use of violence in certain areas as part of enforcement practice. We assert that understanding the role of violence allows us to explain the prevalence of various forms of abuse, as well as the role of abuse in border enforcement strategies, not as a side effect, but as elemental to the current militarized strategies. Resumen: A pesar de las propuestas para aumentar los gastos en agentes y equipo para la seguridad fronteriza, la geografía compleja de la militarización de la frontera y la violencia que produce son muy pocos entendidos. Tomamos una perspectiva geográfica para entender el papel de la violencia tanto en sus formas oficiales como el encarcelamiento y castigos para migrantes, que los no-oficiales, tales como los abusos y la violencia perpetrada por agentes. Por medio de los datos del Estudio de Migrantes y el Cruce Fronterizo (MBCS por sus siglas en ingles), basado en más que 1,100 encuestas con un muestreo aleatorio de deportados con un equipo binacional en cinco ciudades fronterizos y la Ciudad de México y una investigación con familiares y migrantes que han devuelto a Puebla. proporcionamos una explicación sobre la geografía de violencia y migración. Las diferencias regionales demuestran las prioridades y el uso estratégico de la violencia en ciertas zonas fronterizas. Afirmamos que el entendimiento del papel de la violencia nos permite explicar la prevalencia de varias formas de abuso en las estrategias de control fronteriza. La violencia no es un efecto secundario sino un aspecto central de las prácticas fronterizas militarizadas.
... Heightened fear of the police among undocumented immigrants and their mixed-status families were also thought to lead to reductions in crime reporting (Sládková, Garcia Mangado, and Quinteros 2012). Moreover, in some instances, a private prison industry seeking to profit from the mass detention of immigrants was the greatest beneficiary of the interplay between immigration enforcement and the criminal justice system (Ackerman and Furman 2013;Martinez and Slack 2013). ...
Article
US President Trump’s administration has vowed to boost immigration enforcement to get rid of “bad hombres,” or undocumented immigrants with criminal records. Using past data on the alleged detention motives for a representative sample of Mexican deportees, we evaluate how prior widespread and prioritized enforcement has fared in that regard. We find that while the early sweeping approach to enforcement raised deportees’ propensity of being detained for minor offenses, the trend reversed with prioritized enforcement. These findings inform policy tactics that, aside from proving effective in prioritizing serious criminal offenses, can also lead to significant savings to taxpayers.
... In fact, this event has played a major role on the increase of refugees around the globe (Fawcett 2016;Carrera, Den Hertog, and Parkin 2012). Recently, we have witnessed a refugee crisis culminating in boats crossing the Mediterranean Sea towards Europe, and thousands of illegal immigrants crossing the Mexico-United States border (Martinez and Slack 2013;Düvell 2008;Fargues and Bonfanti 2014). ...
Conference Paper
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Human migration research is quite multidisciplinary and has yielded works in social sciences, physics, and even the new field of city science. International immigration has societal impacts on both the source and the destination countries at several levels such as economy, city planning, politics, and law enforcement; it leads to changes in the demographics landscape. Existing studies concentrate on modeling the phenomena or on explaining the causal reasons for immigration. In this work, we investigate the role of social media and postulate whether it can be considered a proxy for the reality of international immigration (which includes refugee placement). Our data analysis supports the argument that Twitter may be considered a reasonable source for information about immigration and refugee placement with the benefit that it has a real-time dimension to the information being tracking.
... While family-based migrants may not necessarily behave in drastically different ways than economic migrants, the idea that the cost of migration can be too great, the danger too perilous, and the punishments too harsh to keep people from reuniting with their loved ones needs to be rejected. The MBCS shows that people who consider the United States their home are willing to endure hardships at the border, discrimination in the United States, and the harsh penalties of an increasingly criminalized immigration system (Martínez and Slack 2013). The impacts of the current approach to immigration enforcement will be felt for generations, including migrants' family members who are citizens of the United States, and will not deter those who are most adversely affected. ...
Article
Full-text available
The Consequence Delivery System (CDS) is a suite of border and immigration enforcement programs designed to increase the penalties associated with unauthorized migration in order to convince people not to return (Rosenblum 2013). Despite its inauguration in 2011, many aspects of the CDS are not new. CDS does however, mark a shift from the deterrent strategy that, in the 1990s that relied heavily on the dangers of the natural terrain to dissuade unauthorized border crossers, to one that actively punishes, incarcerates, and criminalizes them. This article presents findings from the Migrant Border Crossing Study, a random sample survey of 1,100 recently deported migrants in six cities in Mexico conducted between 2009 and 2012. It examines the demographics and family ties of deportees, their experiences with immigration enforcement practices and programs under the CDS, and how these programs have reshaped contemporary migration and deportation along the US-Mexico border. The article covers programs such as criminal prosecutions of illegal entries under Operation Streamline, and the Alien Transfer and Exit Program (ATEP) or lateral repatriation program which returns immigrants to different locations from where they illegally entered. In relationship to these programs, it considers issues of due process and treatment of deportees in US custody. It also examines interior enforcement under Secure Communities, which, during the study period, comprised part of the overarching border security plan, and screened virtually everybody arrested in the United States against immigration databases.
... Scholarship on mass incarceration shows how the protracted warehousing of Black Americans over many decades has deepened the conflation of blackness and criminality (Alexander, 2010, p. 207), although scholars are only beginning to draw out the parallels it has to immigration enforcement and punishment. For instance, we might expect that the growing concentration of immigrants in prison-like detention facilities similarly deepens the ideology of Latino Threat (Chavez, 2008; see, e.g., Martinez and Slack 2013), produces harmful collateral consequences (e.g., Golash-Boza & Hondagneu-Sotelo, 2013), and/or makes "reintegrating" into society postdetention a daunting task. Work in this vein may also expand to consider how these systems operate in similar ways to reinforce racial hierarchies in the realm of enforcement, or how each further criminalizes marginality by diverting resources toward confinement and away from valuable social programs (e.g., Clear, 2003;Lydgate, 2010). ...
Article
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The immigrant detention system in the United States is civil, rather than criminal, and therefore nonpunitive. However, in practice, detained immigrants lacking many basic constitutional protections find themselves in facilities that are often indistinguishable from prisons and jails. In this paper, we explore the crisis of immigrant imprisonment at the affective level, focusing on the painful experiences of immigrant detainees, while also emphasizing its systemic and racialized nature. Specifically, we place a review of a growing body of research that draws connections between immigrant detention and mass imprisonment alongside the findings from numerous reports issued by human rights organizations on the conditions of confinement within immigrant detention facilities. Using a “pains of imprisonment” framework, we highlight four particularly prominent “pains”: containment, exploitation, coercion, and legal violence. We suggest the infliction of such pain, especially when contextualized within a broader history of Latina/o oppression, demonstrates that immigration prisons are in fact punitive, “lawless spaces” where penal oppression is exercised. We conclude with a call for sociologists to become more attentive to this crisis, and to appreciate the similarities between immigration detention and other forms of racialized social control—namely, mass incarceration.
... Mexico's long and troubled experience with discriminatory and criminalizing US migration policies contributed significantly to this outcome (see[67]). ...
Article
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During the last two decades Mexico witnessed a hitherto unparalleled increase in its prison population and an outright punitive turn in local politics. In analyzing these developments, the article argues that the latter are inseparable from different securitization processes emerging from the articulation of democratic politics and neoliberal rationalities of economic governance. The article analyzes three key policy areas—as well as the related (in)securitization processes, their legal-institutional manifestations, and the penalizing consequences—which are paradigmatic examples of the growing punitiveness of Mexican politics: (a) the securitization process related to the war on drugs, (b) the securitization of urban space, and (c) the securitization of migration. In analyzing these three instances of (in)securitization, the article stresses that far from being homogenous and even developments, (in)securitization as well as the underlying processes of neoliberalization and democratization are policy- and place-specific phenomena that produce an uneven punitive topography that shapes the neoliberal present in democratic Mexico.
... While family-based migrants may not necessarily behave in drastically different ways than economic migrants, the idea that the cost of migration can be too great, the danger too perilous, and the punishments too harsh to keep people from reuniting with their loved ones needs to be rejected. The MBCS shows that people who consider the United States their home are willing to endure hardships at the border, discrimination in the United States, and the harsh penalties of an increasingly criminalized immigration system (Martínez and Slack 2013). The impacts of the current approach to immigration enforcement will be felt for generations, including migrants' family members who are citizens of the United States, and will not deter those who are most adversely affected. ...
Article
The Consequence Delivery System (CDS) is a suite of border and immigration enforcement programs designed to increase the penalties associated with unauthorized migration in order to convince people not to return (Rosenblum 2013). Despite its inauguration in 2011, many aspects of the CDS are not new. CDS does however, mark a shift from the deterrent strategy that, in the 1990s that relied heavily on the dangers of the natural terrain to dissuade unauthorized border crossers, to one that actively punishes, incarcerates, and criminalizes them. This article presents findings from the Migrant Border Crossing Study, a random sample survey of 1,100 recently deported migrants in six cities in Mexico conducted between 2009 and 2012. It examines the demographics and family ties of deportees, their experiences with immigration enforcement practices and programs under the CDS, and how these programs have reshaped contemporary migration and deportation along the US-Mexico border. The article covers programs such as criminal prosecutions of illegal entries under Operation Streamline, and the Alien Transfer and Exit Program (ATEP) or lateral repatriation program which returns immigrants to different locations from where they illegally entered. In relationship to these programs, it considers issues of due process and treatment of deportees in US custody. It also examines interior enforcement under Secure Communities, which, during the study period, comprised part of the overarching border security plan, and screened virtually everybody arrested in the United States against immigration databases.The article concludes that these programs do not have a strong deterrent effect. Instead, immigration enforcement has led to a “caging effect” over the past two decades which has disrupted seasonal migration flows, increased familial and social ties to the United States, and decreased the probability of returning to Mexico once in the United States. The development of strong family and other ties to the United States contributes to a greater resolve to return post-deportation.
... While family-based migrants may not necessarily behave in drastically different ways than economic migrants, the idea that the cost of migration can be too great, the danger too perilous, and the punishments too harsh to keep people from reuniting with their loved ones needs to be rejected. The MBCS shows that people who consider the United States their home are willing to endure hardships at the border, discrimination in the United States, and the harsh penalties of an increasingly criminalized immigration system (Martínez and Slack 2013). The impacts of the current approach to immigration enforcement will be felt for generations, including migrants' family members who are citizens of the United States, and will not deter those who are most adversely affected. ...
... Unprecedented investment by the United States in immigratio enforcement has transformed the region. Timothy Dunn used the ter to describe enhanced border policing with the specific aim of highlig military rhetoric and ideology, as well as military tactics, strategy, techn and forces" which in turn conflicts with the human rights of border cros (Martinez and Slack 2013). This set of practices punishments for undocumented migrants apprehended along the so plays a key role in the "whole of government" approach that invol enforcement across several agencies in immigration enforcement (D 2010). ...
... ity of Delaware) concluded that specifically, the recommendations include a more open guest worker program, a better verification system, and a simplification of policies so that they are more easily enforceable. Furthermore, this paper advocates expanding NAFTA and developmental aid to Mexico to motivate workers to stay in their country of origin. [6] Martinez, & Slack, (2013). Examine the social repercussions of criminally prosecuting individuals that cross into the United States without official documentation. The " criminalization of immigration law " (Coleman, 2007), federal-and state-level anti-immigrant initiatives, and an incarceration-oriented approach to dealing with unautho ...
Article
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This is an article review of state-of-the-art about Mexicans' migration to the USA, in last 5 years. We analyzed 4 myths: 1). Migration generates negative effects for the receiving country because when migrants arrive. 2). Mexicans' migration to the USA generates big distortions in the receiving communities and Mexico is the only economic beneficiary. 3). Migrants collapse public health services in USA. 4). Mexican migrants are mistreated by American authorities. The findings will show the lack of empirical evidence of these generalized ideas.
... If incarcerated in the United States prior to deportation, the deportee may have been exposed to more intense criminal behavior, which may alter their future behavior. 6 Although many of the registered crimes refer to relatively minor offenses (Martinez and Slack 2013;Hines and Peri 2019) and even re-entry may be considered a felony (Martinez and Slack 2013, 537), at least a portion of deportees was incarcerated before being removed. Since data on deportees only provide an aggregate category of "convicts" that includes both minor and major offenses, we are not able to distinguish different groups within this category. ...
Article
Existing literature on cross-national variation in violence has paid little attention to the transnational transmission of crime. One such channel is the forced return of migrants with a penal record in their country of temporary residence. Responding to this research gap, we study the effect of US deportations of convicts on levels of violent crime in deportees’ country of origin for a cross-country panel of up to 123 countries covering the years 2003 to 2014. We find a strong and robust effect of the deportation of convicts on homicide rates in countries of origin, which is to a large degree driven by deportations to Latin America and the Caribbean. An additional inflow of ten deportees with a prior criminal history per 100,000 increases expected homicide rates by roughly two. In addition to controlling for country-specific fixed effects, we provide evidence on a causal effect using an instrumental variable approach, which exploits spatial and time variation in migrant populations’ exposure to state-level immigration policies in the United States.
... En ce qui concerne la criminalisation de la migration « illégale », les lobbyistes anti-immigrants aux États-Unis ont posé une question tautologique : Quelle partie du mot « illégal » ne comprenez-vous pas ? (Ackerman 2014;de Genova 2004;Martinez et Slack 2013). Cette question part du principe que l'« illégalité » est une évidence : il y a une loi, l'on enfreint cette loi, et l'on devient « illégal », donc criminel. ...
Article
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Les auteurs ont établi le texte ci-présent à partir des idées énoncées et des discussions menées lors de la rencontre « Récits et débats locaux sur la migration. Dits et non-dits de l'expérience du départ et du retour » à Bamako du 2 au 6 octobre 2019. Tous les participants de l'atelier ont eu leur part active dans la conception des approches avancées par la suite. Résumé Sortant d'un atelier interdisciplinaire sur la migration africaine, les auteurs proposent quelques pistes pratiques afin de commencer à décoloniser la recherche sur la migration. Ces pistes se résument en un réajustement de nos méthodes de travail par rapport à la relation que nous tenons avec nos sujets de recherche humains. Il s'agit justement de faire ressortir plus clairement l'agentivité de nos interlocuteurs tout en réduisant notre propre présence, qui peut parfois peser lourd sur la recherche. Dans ce but, nous proposons que le chercheur laisse plus de place à son interlocuteur de s'exprimer librement et qu'il écoute les théorisations proposées par les acteurs eux-mêmes. Au lieu de forcer nos analyses spécialisées sur le sujet, notre tâche consistera plutôt en une contextualisation pour faciliter la lecture à des personnes tierces. Nous nous devons donc de diffuser les résultats de nos recherches aussi en dehors de nos disciplines respectives afin de susciter l'intérêt pour notre travail et nos efforts. Abstract After having participated in an interdisciplinary workshop on African migration, the authors suggest some practical ways to start decolonizing migration research. These avenues can be summarized as follows: readjusting our analytical methods to speak with rather than for our human research subjects. We seek to accentuate the agency of our interlocutors by reducing our own presence, which can sometimes weigh heavily on the research. To this end, we propose that researchers leave more space to their interlocutors to express themselves freely and listen to the theorizing actors themselves propose. Instead of forcing our specialized analyses on the subject, our task is rather to contextualize the research in order to make it easier for third parties to read. We must therefore also disseminate the results of our research outside our respective disciplines in order to generate interest in our work and efforts.
Article
Much of the existing discussion surrounding the immigration–crime link has been influenced by public perceptions of the criminality of illegal immigrants. Recent empirical studies, however, suggest that immigrant status may instead operate as a protective factor, shielding immigrants from (serious) criminal offending. Rarely investigated is the extent to which illegal immigration, construed as deportability status, relates to criminal justice sentencing decisions. Using data from a cohort of inmates incarcerated for a new offense during 2008 in a large southern state, this study examines the impact of a federal immigration detainer on sentence length and type, controlling for a variety of legal and extralegal factors. Using propensity score matching, results indicate that inmates with federal immigration detainers received significantly shorter sentences compared to non-deportable inmates. No significant difference was found in the likelihood of receiving a life or death sentence between inmates with and without immigration detainers.
Article
The legal control of marginal groups is a central topic in social scientific and legal scholarship. Examining the most influential research produced over the past two decades, as well as a broad collection of foundational and exemplary texts, this review addresses two overarching questions: First, what does it mean to study the legal control of marginal groups in the twenty-first century? Second, what are the recent developments, lingering concerns, and future directions of this work? We identify and examine the two most prevalent discussions found in contemporary research. The first centers on the practices of legal control, and the second focuses attention on the effects of these practices on their potential targets. Throughout the article, we draw specific attention to the need for future studies to more systematically account for the agency of, and ground-level dynamics impacting, both the controllers and the controlled.
Chapter
This chapter explores securitization and recognition theories as lenses into conflict, emerging from specific migration practices. In current critical scholarship, these practices are, for the main part, interpreted as disrupting and breaking down Axel Honneth’s institutionalized recognition order. They are fundamentally undermining migrants’ self-trust, legal rights, and abilities for self-determination and autonomy. By approaching the intersection of recognition and migration—and global mobility generally—from an interdisciplinary, critical, post-structural security studies perspective, this chapter makes two contributions to existing scholarship: First, it highlights the linkages between misrecognition and the logic of subjective intentionality of security, also understood as the securitization of subjectivity through negative securitization logic; and second, it draws attention to a normative opening—an inclusive, positive securitization, which moves misrecognition injuries as emancipation toward a more advanced, more complete, social and moral progress. By utilizing two similarly constructed “crises” environments—the migration discourse in Germany and the USA—this chapter takes its epistemological point of departure from both countries’ containment and deterrence migration policies and practices. Specifically, it interprets the US Remain-in-Mexico and Germany’s ANKER Center policies as liberal dispositifs of security. The struggle for recognition is a struggle of becoming “a self.” If the processes and lived experiences of becoming a self are disrupted, we speak of misrecognition. Instead of facilitating trust, respect, and esteem through undifferentiated rights, agency, and positive security for migrants, German and US migration practices violate the two countries’ own liberal and moral aspirations of universal rights, justice, social and moral progress. A way out of the negative security and misrecognition logic can be achieved through emancipation. The proposed interdisciplinary recognition and securitization lens, including the concept of thick recognition, provides an opening toward alternative approaches. It is an approach toward positive securitization as the maintenance of just, core values lived and realized through diversity, self-determined, and multi- and transcultural agency. This chapter evaluates these claims of a new normative opening increasingly asserted by a twenty-first-century, progressive era of transcultural, hybrid identities.
Article
http://muse.jhu.edu/article/653097 Abstract: What should an overtly critical Latin Americanist geography look like? That’s the question we explore in this introduction to The Journal of Latin American Geography’s first special issue dedicated to critical geographies in Latin America. About a year ago the journal’s editorial team published a new editorial position in which they set out an explicitly critical vision for the journal, writing: “As part of our commitment to critical and progressive scholarship, we seek to engage the most crucial scholarly and social debates of our times, while retaining a historical perspective and intellectual grounding in geographic theory” (Gaffney et al. 2016: 1). They go on to write that the journal specifically seeks to publish research focusing on environmental justice, human rights, political agency, and power, “from critical perspectives” (Gaffney et al. 2016: 1, our emphasis). Given that this special issue is the opening salvo in the journal’s turn toward a more explicitly critical editorial position, we feel that it’s worth briefly reflecting on what critical Latin American(ist) geography could and should be. To that end, we aim to make three distinct, though inter-related points: 1) that critical Latin Americanist geography must be overtly politicized and committed to the disassembly of unequal power structures throughout the region; 2) that we must rethink not only what Latin America is as a region, but the process through which we conceptualize and define the region to begin with; and 3) that critical Latin Americanist geography must do more to break down the scholarly barriers between North American and European Latin Americanist geography on the one hand, and Latin American geography on the other. Resumen: ¿Cuáles debieran ser las características del quehacer una geografía latinoamericanista abiertamente crítica? Abordaremos esta pregunta en la presentación del primer número especial del Journal of Latin American Geography dedicado a la geografía crítica en América Latina. Un año atrásm el cuerpo editorial de la revista publicó su nueva postura editorial, en la que cual abordaron una visión explícitamente crítica para la revista: “como parte de nuestro compromiso con la investigación progresiva y crítica, buscamos proveer un espacio para los debates académicos y sociales más importantes de nuestro tiempo, manteniendo una perspectiva histórica con base en la teoría geográfica” (Gaffney et al. 2016: 3). En lo particular, la revista busca publicar investigaciones enfocadas en la justicia social y ambiental, los derechos humanos, la acción política, y el poder, “desde perspectivas críticas” (Gaffney et al. 2016: 3, nuestro énfasis). Dado que la presente edición especial es el primer disparo en el giro hacia una postura editorial abiertamente crítica, creemos que vale la pena reflexionar sobre la orientación que pudiera y debiera tener la geografía crítica latinoamericana y/o latinoamericanista. Con ese fin, ofrecemos tres criterios distintos e interrelacionados: 1) que una geografía crítica latinoamericanista debe estar abiertamente politizada y comprometida con el desmantelamiento de las estructuras de poder desiguales por toda la región; 2) que debemos replantearnos no sólo el significado de la América Latina como región, sino también el proceso a través del cual se conceptualiza y define la región; y 3) que la geografía latinoamericanista crítica tiene la obligación de contribuir a romper las barreras académicas entre la geografía latinoamericanista norteamericana y europea por un lado, y por otro la geografía latinoamericana.
Article
During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24). Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
Chapter
This chapter draws on participatory observation conducted as an outsider with two groups of about ten male asylum seekers each to explain why many asylum seekers in Hong Kong choose to live in spaces that can be defined as ‘slums’. An argument is made that asylum seekers’ choice of dwelling is a consequence of their socio-legal incarceration or confinement within a condition akin to detention, which limits and structures their identity and agency. Given structural factors that produce asylum seeker estrangement and marginalization, identity-based claims are made upon which asylum seekers act to ensure their survival. In so doing, however, they are responsible for shaping the exclusionary context that fashions their struggle to survive and gain a measure of control over their lives. A process of entrapment is thereby evinced, one in which asylum seekers are ensnared for political and economic reasons.
Article
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The violence afflicting the Mexican migration corridor has often been explained as resulting from the brutal takeover of migrant smuggling markets by organized crime, specifically Mexican drug trafficking organizations (DTOs). Through the testimonies of twenty-eight migrants who traveled with smuggling facilitators on their journeys into the United States and who interacted with drug traffickers during their transit, we argue that the metamorphosis taking place may be even more radical, involving the proliferation of actors with little or no criminal intent to operate along the migration trails. Far from market coalescence, the increasing flattening of criminal markets along the migration trail and the proliferation of individuals struggling to survive is the result of increasingly limited paths toward mobility and is not attributable to feared cartels or traficantes alone. The interactions among clandestine actors are not only likely to become more common but also to reflect flexibility and adaptation that hierarchical DTOs cannot explain.
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This article contains a brief account of the legislation and migration control policies implemented by the United States and Mexico since the early years of this century; these policies emphasize the elements that both share to think of them as specific inserts in what De Genova and Peutz consider a deportation regime of global reach. The objective is to look into the forms that this regime embodies in these two frontiers a process of illegalization, criminalization and violence towards undocumented migration. We conclude that, in legal and operational terms, there is a "scarce" distance between these two confines, a long and tortuous journey for those who decide to cross without the corresponding migratory permits.
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During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. ¹ Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22–24). Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102–03). The facts notwithstanding, President Trump's fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people's experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjívar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today's ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
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Interviews with return migrants in Puebla, Mexico before and after the massive border build-up of the mid-2000s reveal how increased border enforcement entailed greater risks of arrest and potentiated the violence migrants experienced at the hands of smugglers and criminals, reducing circular migration. Dispossessed of physical security and psychological well-being, illegal mobile bodies create value for multiple accumulation processes: at the point of production as vulnerable workers, as well as commodities for trafficking organizations and private detention centers. The violence inflicted on undocumented border crossers disciplines them for the more exploitative labor relations of temporary worker programs.
Article
Immigration scholars have increasingly questioned the idea that “illegality” is a fixed, inherent condition. Instead, the new consensus is that immigration laws produce “illegality.” But can “illegality” be socially constructed? When initially judging who is an “illegal immigrant,” common observers and even authorities typically do not rely on an individual’s documentation. Instead, people rely on shared stereotypes to assign “illegality” to certain bodies, a condition we refer to as “social illegality.” Ethnographers have documented that individual traits like occupation or national-origin may trigger illegality suspicions, but it is not clear how widespread these stereotypes are, or whether all stereotypes are equally consequential. To address this question, we examine the personal attributes shaping perceived “illegality.” We apply a paired conjoint survey experiment on a nationally representative sample of 1,515 non-Hispanic white U.S. adults to assess the independent effect of each dimension. We find that national origin, social class, and criminal background powerfully shape perceptions of illegality. These findings reveal a new source of ethnic-based inequalities—“social illegality”—that may potentially increase law enforcement scrutiny and influence the decisions of hiring managers, landlords, teachers, and other members of the public.
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El presente artículo describe las implicaciones actuales de la legislación y política migratoria del Estado de Arizona, en Estados Unidos, en la vida de los migrantes establecidos en su territorio. Se ensaya para ello la categoría de "disponibilidad", como un momento social conflictivo en el que se juega la explotación del "trabajo vivo", la cual deriva de la construcción que opera el régimen jurídico-político de los migrantes como sujetos cuyas vidas pueden ser empleadas con fines de acumulación y pueden, en determinadas circunstancias, dislocarse de los requerimientos del capital. Palabras clave: Luchas migrantes; "ilegalidad" migratoria; disponibilidad; trabajo vivo; antagonismo social. Title: Struggling against "availability". The everyday politics of migrants in Arizona. This article describes the implications of current legislation and migration policy of the State of Arizona on the migrant's lives. The category of "availability", understood as a troubled social time where the nuclear dynamics of exploitation of "living labor", takes place, is explored. The category derives from the construction that operates the legal-political regime in which migrants are subjects whose lives can be employed by accumulation purposes and may be dislocated in certain circumstances dislocate from the capital requirements.
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Kidnapping, originally considered a problem for the super wealthy, has quickly spread to epidemic proportions among the relative poor, especially among clandestine international migrants. This article examines how people's relationship to the US–Mexico border shapes their vulnerability to kidnapping. Moreover, through one long ethnographic vignette and survey data of deportees' experiences with kidnapping, this article explores how the border helps produce and shape kidnapping. By exploring the border as topological, based on the relationships created through clandestine migration and deportation, we can see how kidnapping operates to produce certain, highly varied subjectivities. Moreover, this article explores the contours of sexuality and masculinity for a feminist geopolitical take on some of the darkest chapters of the war on drugs in Mexico.
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A pdf is available by request to jmheyman@utep.edu . In processes of entrapment, police and other state agencies impose significant risk to moving around, while people themselves exercise various forms of agency by both limiting themselves and covertly defying movement controls. Recent US immigration and border enforcement policy has entrapped undocumented immigrants, in particular on the United States side of the US-Mexico border region. We explore how to operationalize this "macro" pattern in ethnographic research, making the conceptually and methodologically significant point that political-legal forces are only one among many elements leading to entrapment and immobilization; other factors include transportation constraints, poor health, etc. The concept of "morality of risk" is also introduced to help us understand how and why trapped people would take severe risks to defy immigration policing. Three ethnographic cases are examined, noting the complex mix of movement and barriers found in them. We conclude with the significance of entrapment for applied and basic social science: first, for the analysis of spatial mobility, enclosure, and inequalities of movement; second, for public policy; and third, for the methods and ethics of researching trapped and hidden populations.
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A pdf is available by request to jmheyman@utep.edu . The anthropology of bureaucracy should address the role of organized power in organizing complex and unequal societies. This article reviews the development of bureaucracy studies, focusing on the thinking done by bureaucrats in their efforts to control the actions of others. Then the central concept of thought-work is placed within a series of queries about levels and relationships of power, with particular attention to the encompassing classifications and assumptions embodied in organizational worldviews. The worldview of officers of the United States Immigration and Naturalization Service, examined as a case study, are found to give cohesion to a contradictory policy that balances publicly visible arrests and invisible but effective perpetuation of undocumented labor migration. Human rights abuses and avoidance of abuses are both explainable as outcomes of these thought-work routines. A stronger theoretical approach to organized power enhances applied anthropology's ability to address the behavior of state and private bureaucracies with respect to the rights and interests of nonbureaucrats.
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To understand border enforcement and the shape it has taken, it is imperative to examine a groundbreaking Border Patrol operation begun in 1993 in El Paso, Texas, "Operation Blockade." The El Paso Border Patrol designed and implemented this radical new strategy, posting 400 agents directly on the banks of the Rio Grande in highly visible positions to deter unauthorized border crossings into the urban areas of El Paso from neighboring Ciudad Juárez-a marked departure from the traditional strategy of apprehending unauthorized crossers after entry. This approach, of "prevention through deterrence," became the foundation of the 1994 and 2004 National Border Patrol Strategies for the Southern Border. Politically popular overall, it has rendered unauthorized border crossing far less visible in many key urban areas. However, the real effectiveness of the strategy is debatable, at best. Its implementation has also led to a sharp rise in the number of deaths of unauthorized border crossers. Here, Dunn examines the paradigm-changing Operation Blockade and related border enforcement efforts in the El Paso region in great detail, as well as the local social and political situation that spawned the approach and has shaped it since. Dunn particularly spotlights the human rights abuses and enforcement excesses inflicted on local Mexican Americans and Mexican immigrants as well as the challenges to those abuses. Throughout the book, Dunn filters his research and fieldwork through two competing lenses, human rights versus the rights of national sovereignty and citizenship. Copyright
Book
This book seeks to analyze the issue of race in America after the election of Barack Obama. For the author, the U.S. criminal justice system functions can act as a contemporary system of racial control, even as it adheres to the principle of color blindness.
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This article considers diverse migrations from Mexico to the United States, driven by a range of factors, in the context of violence that circulates transnationally. Throughout Mexico violence and kidnappings, increasingly targeted at migrants or their family members, are motivating increased or new flows to the north. Meanwhile, in the United States, nativism is fostering anti-immigrant policies and practices – also framed by violence – aimed at “returning” Mexican nationals south. Such processes are resulting in a simultaneous blurring and reassertion of categories: distinctions between individuals with different motivations to migrate are not easily delineated, and in this case, individuals themselves often experience a form of “mixed migration”, with people migrating both for economic reasons and because they fear for their safety. Drawing on ongoing ethnographic research about migration and deportation, I outline recent experiences of transnational Mexicans to highlight contradictions within United States–Mexico migration and consider the implications for policy. In the current climate of United States immigration control, the possibility of claiming asylum within the United States is unlikely for nearly all Mexicans, underscoring the limitations of categorisation within refugee protection and immigration regimes.
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The theory of anomie has undergone two major phases of development, as exemplified by the work of Durkheim and Merton. In this paper a third phase is outlined. As currently stated, the theory focusses on pressures toward deviant behavior arising from discrepancies between cultural goals and approved modes of access to them. It focusses, in short, upon variations in the availability of legitimate means. One may also inquire, however, about variations in access to success-goals by illegitimate means. The latter emphasis may be detected in the work of Shaw, McKay, Sutherland, and others in the "cultural transmission" and "differential association" tradition. By taking into account differentials in access to success-goals both by legitimate and by illegitimate means, the theory of anomie may be extended to include seemingly unrelated theories of deviant behavior now contained in the traditional literature of criminology.
Article
Abstract Not one but several ‘peculiar institutions’ have operated to define, confine, and control African-Americans in the history of the United States: chattel slavery from,the colonial era to the,Civil War; the Jim Crow system,in the,agrarian,South from,Reconstruction,to the Civil Rights revolution; the ghetto,in the,northern,industrial metropolis; and, in the post-Keynesian age of desocialized wage labor and welfare retrenchment, the novel institutional complex formed,by the,remnants,of the,dark ghetto,and,the carceral apparatus,with which,it has,become,joined by a,relationship of structural symbiosis and functional surrogacy. In the 1970s, as the urban,‘Black Belt’ lost its economic,role of labor,extraction,and proved unable to ensure ethnoracial closure, the prison was called upon,to shore,up caste,division and,help contain,a dishonored and,supernumerary,population,viewed,as both,deviant,and dangerous. Beyond the specifics of the US case, this article suggests,that much,is to be learned,from,the comparison,between ghetto,and,prison as kindred,institutions of forced ,confinement entrusted,with enclosing,a stigmatized,category,so as,to neutralize the material and/or symbolic,threat it poses,for the surrounding society. Key Words African-Americans • caste • ghetto,• prison,• racial domination • stigma,• United States Theoretical Criminology © 2000 SAGE Publications London, Thousand Oaks and New Delhi. 1362‐4806(200008)4:3 Vol. 4(3): 377‐389; 013521
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Why is there a delinquent subculture to be taken over? The 5 sections in this volume develop a theory by which to account for the factors that determine membership in gangs with special reference to working-class children who come off second best when judged in school, for example, by middle-class standards. The delinquent subculture therefore satisfies the needs of those experiencing such frustrations. The final section deals with suggestions for research. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Despite the centrality of Mexico–US border policing to pre- and post-9/11 US immigration geopolitics, perhaps the most significant yet largely ignored immigration-related fallout of the so-called war on terrorism has been the extension of interior immigration policing practices away from the southwest border. As I outline in this paper, these interior spaces of immigration geopolitics—nominally said to be about fighting terrorism, but in practice concerned with undocumented labor migration across the Mexico–US border—have not emerged accidentally. Rather, the recent criminalization of immigration law, the sequestering of immigration enforcement from court oversight and the enrollment of proxy immigration officers at sub-state scales have been actively pursued so as to make interior enforcement newly central to US immigration geopolitics. I argue here that these embryonic spaces of localized immigration geopolitics shed new light on the spatiality of US immigration governance, which has typically been thought of by geographers as active predominantly at the territorial margins of the state. I conclude the paper with some thoughts as to how geographers might rethink the what and where of contemporary US immigration geopolitics.
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This article provides a genealogy of the idea of an immigration industrial complex. The immigration industrial complex is the confluence of public and private sector interests in the criminalization of undocumented migration, immigration law enforcement, and the promotion of ‘anti-illegal’ rhetoric. This concept is based on ideas developed with regard to the prison and military industrial complexes. These three complexes share three major features: (a) a rhetoric of fear; (b) the convergence of powerful interests; and (c) a discourse of other-ization. This article explores why Congress has not passed viable legislation to deal with undocumented migration, and instead has passed laws destined to fail, and has appropriated billions of dollars to the Department of Homeland Security to implement these laws. This has been exacerbated in the context of the War on Terror, now that national security has been conflated with immigration law enforcement. This is the first in a two-part series on the immigration industrial complex.
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This paper presents a general strain theory of crime and delinquency that is capable of overcoming the criticisms of previous strain theories. In the first section, strain theory is distinguished from social control and differential association/social learning theory. In the second section, the three major types of strain are described: (1) strain as the actual or anticipated failure to achieve positively valued goals, (2) strain as the actual or anticipated removal of positively valued stimuli, and (3) strain as the actual or anticipated presentation of negatively valued stimuli. In the third section, guidelines for the measurement of strain are presented. And in the fourth section, the major adaptations to strain are described, and those factors influencing the choice of delinquent versus nondelinquent adaptations are discussed.
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As moral panic over immigrants spreadduring the early 1990s, immigrationpolicies became increasingly criminalized in the wake of the bombingsof the World Trade Center in 1993 and ofthe Murrah Federal Building in OklahomaCity in 1995. In response to the threat ofterrorism at home, Congress enacted theIllegal Immigration Reform andImmigration Responsibility Act along withthe Anti-Terrorism and Effective DeathPenalty Act in 1996. Since then severalkey provisions of those statutes haveproduced numerous violations of civilliberties and immigrants' rights. Drawingon a conceptual framework developed bysociologist Gary T. Marx (1981), thisarticle examines critically thecontradictions and ironies of immigrationcontrol, specifically the mostcontroversial aspects of the 1996 laws:court-stripping provisions, use of secretevidence, and growing register ofdeportable crimes. In light of theterrorist attacks on September 11th, 2001,the article expresses concerns over thegovernment's current campaign to fightterrorism, especially the use of racialprofiling and mass detention shrouded insecrecy.
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Over the last three decades, the French sociologist Pierre Bourdieu has produced one of the most imaginative and subtle bodies of social theory and research of the post war era. Yet, despite the influence of his work, no single introduction to his wide-ranging oeuvre is available. This book, intended for an English-speaking audience, offers a systematic and accessible overview, providing interpretive keys to the internal logic of Bourdieu's work by explicating thematic and methodological principles underlying his work. The structure of Bourdieu's theory of knowledge, practice, and society is first dissected by Loic Wacquant; he then collaborates with Bourdieu in a dialogue in which they discuss central concepts of Bourdieu's work, confront the main objections and criticisms his work has met, and outline Bourdieu's views of the relation of sociology to philosophy, economics, history, and politics. The final section captures Bourdieu in action in the seminar room as he addresses the topic of how to practice the craft of reflexive sociology. Throughout, they stress Bourdieu's emphasis on reflexivity—his inclusion of a theory of intellectual practice as an integral component of a theory of society—and on method—particularly his manner of posing problems that permits a transfer of knowledge from one area of inquiry into another. Amplified by notes and an extensive bibliography, this synthetic view is essential reading for both students and advanced scholars.
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Estudio sobre las conflictivas relaciones México-EUA a través de lo que ocurre en su frontera. Se revisa la política exterior norteamericana que ha incrementado la vigilancia policial en su límite con México debido, por un lado, al creciente número de migrantes ilegales que la cruzan, pero también por haberse convertido en el punto de paso de mercancías ilegales (en particular, droga) hacia su territorio. Se compara esta relación fronteriza con la situación en las fronteras europeas.
The U.S. immigration control offensive: Constructing an image of order on the southwest border
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