Policing Undocumented Migrants

Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.

The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

In the United States, immigration is generally seen as a law and order issue. Amidst increasing anti-immigrant sentiment, unauthorized migrants have been cast as lawbreakers. Governing Immigration Through Crime offers a comprehensive and accessible introduction to the use of crime and punishment to manage undocumented immigrants. Presenting key readings and cutting-edge scholarship, this volume examines a range of contemporary criminalizing practices: restrictive immigration laws, enhanced border policing, workplace audits, detention and deportation, and increased policing of immigration at the state and local level. Of equal importance, the readings highlight how migrants have managed to actively resist these punitive practices. In bringing together critical theorists of immigration to understand how the current political landscape propagates the view of the "illegal alien" as a threat to social order, this text encourages students and general readers alike to think seriously about the place of undocumented immigrants in American society.

The relationship between undocumented immigrants and law enforcement officials continues to be a politically contentious topic in the United States. Nolan Kline focuses on the hidden, health-related impacts of immigrant policing to examine the role of policy in shaping health inequality in the U.S., and responds to fundamental questions regarding biopolitics, especially how policy can reinforce ‘race’ as a vehicle of social division. He argues that immigration enforcement policy results in a shadow medical system, shapes immigrants’ health and interpersonal relationships, and has health-related impacts that extend beyond immigrants to affect health providers, immigrant rights groups, hospitals, and the overall health system. Pathogenic Policing follows current immigrant policing regimes in Georgia and contextualizes contemporary legislation and law enforcement practices against a backdrop of historical forms of political exclusion from health and social services for all undocumented immigrants in the U.S. For anyone concerned about the health of the most vulnerable among us, and those who interact with the overall health safety net, this will be an eye-opening read.

Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing

In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen chapters that examine, question, and explain the growing intersection between criminal justice and migration control. Through the lens of race, we see how criminal justice and migration enmesh in order to exclude, stop, and excise racialized citizens and non-citizens from societies across the world within, beyond, and along borders. Neatly organized in four parts, the book begins with chapters that present a conceptual analysis of race, borders, and social control, moving to the institutions that make up and shape the criminal justice and migration complex. The remaining chapters are convened around the key sites where criminal justice and migration control intersect: policing, courts, and punishment. Together the volume presents a critical and timely analysis of how race shapes and complicates mobility and how racism is enabled and reanimated when criminal justice and migration control coalesce. Race and the meaning of race in relation to citizenship and belonging is excavated throughout the chapters presented in the book, thereby transforming the way we think about migration.

Examines the nexus between immigration and crime from all of the angles. This work addresses not just the evidence regarding the criminality of immigrants but also the research on the victimization of immigrants; human trafficking; domestic violence; the police handling of human trafficking; and, the exportation to crime problems via deportation.

Delving behind Canada’s veneer of multiculturalism and tolerance, Policing Black Lives traces the violent realities of anti-blackness from the slave ships to prisons, classrooms and beyond. Robyn Maynard provides readers with the first comprehensive account of nearly four hundred years of state-sanctioned surveillance, criminalization and punishment of Black lives in Canada. While highlighting the ubiquity of Black resistance, Policing Black Lives traces the still-living legacy of slavery across multiple institutions, shedding light on the state’s role in perpetuating contemporary Black poverty and unemployment, racial profiling, law enforcement violence, incarceration, immigration detention, deportation, exploitative migrant labour practices, disproportionate child removal and low graduation rates. Emerging from a critical race feminist framework that insists that all Black lives matter, Maynard’s intersectional approach to anti-Black racism addresses the unique and understudied impacts of state violence as it is experienced by Black women, Black people with disabilities, as well as queer, trans, and undocumented Black communities. A call-to-action, Policing Black Lives urges readers to work toward dismantling structures of racial domination and re-imagining a more just society.