The perception of the immigrant as criminal or deviant has a long history in the United States, with many groups (e.g., Irish, Italians, Latinos) having been associated with perceived increases in crime and other social problems, although data suggest this is not necessarily the case. This Handbook examines the relationship between immigration and crime by presenting chapters reflecting key issues from both historical and current perspectives. The volume includes a range of topics related to immigration and crime, such as the links between immigration rates and crime rates, nativity and crime, and the social construction of the criminal immigrant, as well as historical and current immigration policy vis-a-vis perceptions of the criminal immigrant. Other topics covered in this volume include theoretical perspectives on immigration and assimilation, sanctuary cities, and immigration in the context of the "war on terror." The Routledge Handbook on Immigration and Crime fills the gap in the literature by offering a volume that includes original empirical work as well as review essays that deliver a complete overview of immigration and crime relying on both historical and contemporary perspectives. It is a key collection for students in immigration courses; scholars and researchers in diverse disciplines including criminal justice, criminology, sociology, demography, law, psychology, and urban studies; and policy makers dealing with immigration and border security concerns.

This book analyses the major provisions of H.R. 418, which would, inter alia, (1) modify the eligibility criteria for asylum and withholding of removal; (2) limit judicial review of certain immigration decisions, (3) provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the US-Mexican border near San Diego; (4) expand the scope of terror-related activity making an alien inadmissible and deportable (removable), as well as ineligible for certain forms of relief from removal; and (5) require states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes (a bill by Representative Tom Davis, containing only the provisions relating to drivers' licenses and personal identification cards, has also been introduced as H.R. 368, the Driver's License Security and Modernisation Act). This book describes relevant current law relating to immigration and document-security matters, how H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law.

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

A history of the battles over US immigrants' rights since 1965-and how these conflicts reshaped access to education, employment, civil liberties, and more The 1965 Hart-Celler Act transformed the American immigration system by abolishing national quotas in favor of a seemingly egalitarian approach. But subsequent demographic shifts resulted in a backlash over the social contract and the rights of citizens versus noncitizens. In The Walls Within, Sarah Coleman explores those political clashes, focusing not on attempts to stop immigration at the border, but on efforts to limit immigrants' rights within the United States through domestic policy. Drawing on new materials from the Carter, Reagan, and Clinton administrations, and immigration and civil rights organizations, Coleman exposes how the politics of immigration control has undermined the idea of citizenship for all. Coleman shows that immigration politics was not just about building or tearing down walls, but about employer sanctions, access to schools, welfare, and the role of local authorities in implementing policies. In the years after 1965, a rising restrictionist movement sought to marginalize immigrants in realms like public education and the labor market. Yet throughout the 1970s and 1980s, restrictionists faced countervailing forces committed to an expansive notion of immigrants' rights. In the 1990s, with national politics gridlocked, anti-immigrant groups turned to statehouses to enact their agenda. Achieving strength at the local level, conservatives supporting immigration restriction actually acquired more influence under the Clinton presidency than even during the so-called Reagan revolution, resulting in dire consequences for millions of immigrants. Revealing the roots behind much of today's nativist sentiment, The Walls Within examines debates about who is entitled to the American dream, and how such dreams can be subverted for those already calling the country home.

The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and it's implementation. Focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) the book examines how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. For this reason, cause lawyers (those who use the law to empower others) have turned to constitutionalized human rights law. While many countries likely included such provisions in their constitutions without intending to fulfil their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book theorizes a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyses how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients.

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.

In this book, an array of legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors draw upon their interactions with expertise and the immigration process to provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution. This book is essential reading for both scholars interested in the production of knowledge and clinicians considering the role of experts as mediators of asylum claims.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. As international migration continues to rise, sending states play an integral part in "managing" their diasporas, in some cases even stepping in to protect their citizens' labor and human rights in receiving states. At the same time, meso-level institutions-including labor unions, worker centers, legal aid groups, and other immigrant advocates-are among the most visible actors holding governments of immigrant destinations accountable at the local level. The potential for a functional immigrant worker rights regime, therefore, advocates to imagine a portable, universal system of justice and human rights, while simultaneously leaning on the bureaucratic minutiae of local enforcement. Taking Mexico and the United States as entry points, Scaling Migrant Worker Rights analyzes how an array of organizations put tactical pressure on government bureaucracies to holistically defend migrant rights. The result is a nuanced, multilayered picture of the impediments to and potential realization of migrant worker rights.

Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.

In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.

Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics as has been seen in the refugee crisis, the Brexit referendum, and the 2016 US election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addresses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, the time has come to liberally address contemporary challenges.

Can it be argued that there exists a concept of Nordic citizenship, founded on inter-Nordic cooperation and its relationship with EU law and EEA law? Researchers from all five Nordic States (Denmark, Finland, Iceland, Norway and Sweden) explore the tensions, gaps, and overlaps arising from the interplay of EU citizenship, EEA law, and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. The analysis takes a dual approach. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the rights of residence and access to social rights that follow from the three different regimes. It asks if the Nordic States, through their regional cooperation, are 'going beyond' EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive. This important new work gives a unique perspective on EU citizenship and free movement law.

Us and Them? explores the distinction between migrant and citizen through using the concept of 'the community of value'. The community of value is comprised of Good Citizens and is defined from outside by the Non-Citizen and from the inside by the Failed Citizen, that is figures like the benefit scrounger, the criminal, the teenage mother etc. While Failed Citizens and Non-Citizens are often strongly differentiated, the book argues that it is analytically and politically productive to to consider them together. Judgments about who counts as skilled, what is a good marriage, who is suitable for citizenship, and what sort of enforcement is acceptable against 'illegals', affect citizens as well as migrants. Rather than simple competitors for the privileges of membership, citizens and migrants define each other through sets of relations that shift and are not straightforward binaries. The first two chapters on vagrancy and on Empire historicise migration management by linking it to attempts to control the mobility of the poor. The following three chapters map and interrogate the concept of the 'national labour market' and UK immigration and citizenship policies examining how they work within public debate to produce 'us and them'. Chapters 6 and 7 go on to discuss the challenges posed by enforcement and deportation, and the attempt to make this compatible with liberalism through anti-trafficking policies. It ends with a case study of domestic labour as exemplifying the ways in which all the issues outlined above come together in the lives of migrants and their employers.

On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.

Irregular migrants complicate the boundaries of citizenship and stretch the parameters of political belonging. Comprised of refugees, asylum seekers, "illegal" labor migrants, and stateless persons, this group of migrants occupies new sovereign spaces that generate new subjectivities. Investigating the role of irregular migrants in the transformation of citizenship, Anne McNevin argues that irregular status is an immanent (rather than aberrant) condition of global capitalism, formed by the fast-tracked processes of globalization.

McNevin casts irregular migrants as more than mere victims of sovereign power, shuttled from one location to the next. Incorporating examples from the United States, Australia, and France, she shows how migrants reject their position as "illegal" outsiders and make claims on the communities in which they live and work. For these migrants, outsider status operates as both a mode of subjectification and as a site of active resistance, forcing observers to rethink the enactment of citizenship. McNevin connects irregular migrant activism to the complex rescaling of the neoliberal state. States increasingly prioritize transnational market relations that disrupt the spatial context for citizenship. At the same time, states police their borders in ways that reinvigorate territorial identities. Mapping the broad dynamics of political belonging in a neoliberal era, McNevin provides invaluable insight into the social and spatial transformation of citizenship, sovereignty, and power.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments in the UK. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The UK Criminal Justice and Immigration Act received Royal Assent in May 2008 and draws together a wide range of policy issues, from youth justice to 'foreign criminals'. A large part of the Act focuses on sentencing and is a response to our overcrowded prisons. The Act introduces 19 new criminal offences (including incitement to hatred on the grounds of sexual orientation and possession of extreme pornographic images), and a number of significant changes to criminal law and procedure. The Act also expands on the range of civil 'behavior orders' available in the criminal courts by extending the existing 'crack house' closure order regime for premises upon which anti-social behavior takes place and by introducing a new Violent Offender Order. It also introduces a new restricted immigration status, following the Home Secretary's defeat in the Court of Appeal in the 'Afghan Hijackers' case in 2006.
This new Blackstone's Guide combines the full text of the Act with an expert narrative. It seeks to explain the scope and impact of the Act, including the civil liberties implications, and bring practitioners right up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.

Legal Passing offers a nuanced look at how the lives of undocumented Mexicans in the US are constantly shaped by federal, state, and local immigration laws. Angela S. Garcia compares restrictive and accommodating immigration measures in various cities and states to show that place-based inclusion and exclusion unfold in seemingly contradictory ways. Instead of fleeing restrictive localities, undocumented Mexicans react by presenting themselves as "legal," masking the stigma of illegality to avoid local police and federal immigration enforcement. Restrictive laws coerce assimilation, because as legal passing becomes habitual and embodied, immigrants distance themselves from their ethnic and cultural identities. In accommodating destinations, undocumented Mexicans experience a localized sense of stability and membership that is simultaneously undercut by the threat of federal immigration enforcement and complex street-level tensions with local police. Combining social theory on immigration and race as well as place and law, Legal Passing uncovers the everyday failures and long-term human consequences of contemporary immigration laws in the US.

Unlike the 1930s, when the United States tragically failed to open its doors to Europeans fleeing Nazism, the country admitted over three million refugees during the Cold War. This dramatic reversal gave rise to intense political and cultural battles, pitting refugee advocates against determined opponents who at times successfully slowed admissions. The first comprehensive historical exploration of American refugee affairs from the midcentury to the present, "Americans at the Gate" explores the reasons behind the remarkable changes to American refugee policy, laws, and programs.

Carl Bon Tempo looks at the Hungarian, Cuban, and Indochinese refugee crises, and he examines major pieces of legislation, including the Refugee Relief Act and the 1980 Refugee Act. He argues that the American commitment to refugees in the post-1945 era occurred not just because of foreign policy imperatives during the Cold War, but also because of particular domestic developments within the United States such as the Red Scare, the Civil Rights Movement, the rise of the Right, and partisan electoral politics. Using a wide variety of sources and documents, "Americans at the Gate" considers policy and law developments in connection with the organization and administration of refugee programs.

This is the first and only comprehensive, book-length political history of national ID card proposals and developments in identity policing in the United States. The book focuses on the period from 1915 to 2016, including the post-9/11 debates and policy decisions regarding the introduction of technologically-advanced identification documents. Putting the United States in comparative perspective and connecting the vital issues of immigration and homeland security, Magdalena Krajewska shows how national ID card proposals have been woven into political conflict across a variety of policy fields. Findings contradict conventional wisdom, debunking two common myths: that Americans are opposed to national ID cards and that American policymakers never propose national ID cards. Dr Krajewska draws on extensive archival research; high-level interviews with politicians, policymakers, and ID card technology experts in Washington, DC and London; and public opinion polls.

This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as "A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton," and "Status Regis and Lestat du Roi in the Statute of York." Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.

The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.

In The Oxford Handbook of the Politics of International Migration, leading migration experts Marc Rosenblum and Daniel Tichenor gather together 29 field specialists in an authoritative volume on the issue. Integrating the perspectives of the wide variety of fields that hold a stake in the study of migration-political science, sociology, economics, anthropology-this book presents an unprecedented interdisciplinary look at an issue that defines the modern era: the large-scale movement of people across international borders. The volume begins with three chapters analyzing the origins and causes of migration, including both source and destination states. The second section then asks: what are the consequences of migration at both ends of the migration chain? Chapters in this section consider economics, the effects of migration on parties and political participation, and social and cultural effects. A third group of chapters focuses on immigration policy. These include primers on the history and dimensions of migration policy, as well as examinations of the effects of public opinion, interest groups, and international relations on policymaking. The volume then considers aspects of the immigrant experience: segmented assimilation among Asian Americans, histories of U.S. immigrant incorporation and of race and migration, transnationalism, and gendered aspects of migration. Finally, five chapters examine contemporary issues, including transborder crime and terrorism, migration and organized labor, international regionalism, normative debates about citizenship and immigration, and the recent history of U.S. immigration policymaking. Covering the major questions and challenges related to the issue, The Oxford Handbook of the Politics of International Migration is a comprehensive resource for students, scholars, and policy experts alike.