By Huyen Pham & Pham Hoang Van.

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, non-signatory law enforcement agencies. Using 18 million traffic stops drawn from the Stanford Open Policing Project, we find that the agreements caused state troopers in North Carolina and South Carolina to stop Hispanic drivers more often than White drivers, in order to funnel them into the intensive immigration screening conducted by signatory LEAs at the shared jails. Because trooper agencies did not sign the agreements, statistical associations between the presence of agreements and the differential treatment of drivers by race are not contaminated by unobserved confounding factors. Our identification of these previously unnoticed spillover effects raises important policy questions about the program’s impact and the adequacy of existing legal and administrative controls.

Arizona Law Review, 2022. 41p.

By JULIET P. STUMPF 

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of immigration law. This Article explores the significance of crimmigration for the procedural legitimacy of immigration law. Seminal scholars of psychological jurisprudence have concluded that perceptions about procedural justice—whether the law and legal authorities treat people fairly—are often more important than a favorable outcome, such as winning a case or avoiding arrest. Crimmigration introduces procedural deficiencies into immigration law that may undermine people’s perceptions of its legitimacy. These deficiencies, seen through the lens of psychological jurisprudence, mean that individuals and institutions are less likely to trust immigration law and cooperate with immigration authorities. This Article applies specific criteria that jurisprudential psychologists have shown influence perceptions about justice. It predicts that the core procedural deficiencies of crimmigration—which bar access to immigration benefits, undermine procedural safeguards for fair and accurate outcomes, and embed racialization into immigration enforcement—will undermine perceptions about the legitimacy of immigration law. This has important implications for immigration reform. If immigration enforcement lacks procedural justice, any compromise struck with crimmigration at its core will exacerbate public distrust of immigration law.

Arizona Law Review, 2023. 47p.

By Elizabeth Hannah

Immigration detention is a central feature of the United States’ immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government’s reliance upon immigration detention has grown, the Supreme Court has systematically stripped noncitizens of important substantive and procedural protections. This is especially true in the post-removal-order context, where a series of recent decisions have placed more people than ever at risk of prolonged detention without a bond hearing. Three cases in particular—Johnson v. Guzman Chavez (2021), Johnson v. Arteaga-Martinez (2022), and Garland v. Aleman Gonzalez (2022)—have increased the likelihood that noncitizens subject to post-removal-order detention will remain incarcerated for months or years, even if they have pending claims for relief. This Note describes each of these three cases and explains how, together, they severely undermine the rights of noncitizens with final removal orders. This Note further argues that people facing post-removal-order detention should be entitled to rigorous due process protections. Even though detention constitutes a clear deprivation of liberty, the Supreme Court has held that six months of post-removal-order detention is “presumptively reasonable.” This Note criticizes that premise and asserts that no period of immigration detention is presumptively reasonable. In other words, even if the Court had decided Guzman Chavez, Arteaga-Martinez, and Aleman Gonzalez in favor of the noncitizen plaintiffs, the existing framework would still be insufficient to protect immigrants in post-removal-order detention from experiencing protracted and unnecessary trauma. This Note therefore posits that, at minimum, immigrants with final removal orders should receive a bond hearing before an immigration judge at the close of the 90-day mandatory detention period. While more radical solutions like detention abolition are ultimately in order, a 90-day bond hearing requirement would at least provide noncitizens facing post-removal-order detention a meaningful opportunity to secure release from custody.

Arizona Law Review, 2023. 36p.

By Anni Lietonen, Anniina Jokinen, Natalia Ollus 

In recent years, the issue of labour trafficking and exploitation in global supply chains has gained more and more attention. Businesses are under increasing scrutiny from consumers, media, civil society, investors and governments to behave in an ethical manner. However, there has been less focus on local and national structures. It is a common practice for businesses to rely on subcontractors/suppliers, or to use contractual partners who use subcontractors for specialised, project-related or short-term work. In recent years, cases of labour exploitation in supply/subcontracting chains have been uncovered around the world, as well as in Europe. With increased mobility of workers and increasingly complex supply chains, there is a growing need to ensure that all involved parties know their rights and obligations. This can prevent the exploitation of migrant workers and the risk of businesses becoming involved in such scenarios. This risk management toolkit has been developed in the context of the EU-funded FLOW-project. Its purpose is to give companies a brief overview of what labour exploitation and trafficking are, as well as to demonstrate the risks for businesses, and how involvement in such scenarios can be effectively avoided. These tools focus on the practical implementation of due diligence procedures, such as gathering information through worker-led monitoring and grievance mechanisms. The aim is to provide “hands-on” measures for businesses that can be used to navigate and control complex supply chain networks, especially in a local, national and intra-European context with the focus on preventing exploitation and trafficking. The measures include conducting a risk assessment, drafting an anti-trafficking strategy, screening contractual partners, incorporating specific contractual clauses and organising workplace assessments/inspections concerning the activities of subcontractors or other contractual partners. To supplement this toolkit, a Normative Framework Guide (HEUNI Publication Series No. 94) has also been developed as part of the FLOW-project, which provides a summarised overview of existing legal frameworks outlining businesses' responsibilities with regard to human rights, with a focus on labour exploitation and human trafficking. Outsourcing of work through subcontracting and the use of temporary workers in overly flexible employment relationships makes it more difficult for companies to assess the working conditions under which goods and services are produced (FRA 2015; Jokinen & Ollus 2019). The more layers in the supply chain, the more difficult it is to survey how the subcontractors carry out their business. In the worst-case scenario, legitimate business structures and lengthy supply chains may reveal serious forms of exploitation or even human trafficking. Concern over workers’ rights at all levels of the supply chain, in particular at the lower end of a subcontracting chain, should be included in responsible business policies. Committing to respecting Business and Human Rights (BHR) agreements alone cannot guarantee that a company is not unknowingly involved in labour exploitation or trafficking. Proactive businesses can mitigate such risks more efficiently by engaging in risk management, inspections and monitoring of working conditions. Who should use this tool? Managers, experts, and representatives of: ○ Businesses, NGOs and/or organisations that use low-skilled migrant workers through outsourcing, subcontracting, and recruitment companies and labour intermediaries in, e.g., construction, cleaning or catering services ○ Businesses working in risk sectors where labour exploitation or human trafficking have been identified ○ Public procurement units working for states, municipalities and/or state enterprises ○ Corporate Social Responsibility experts and networks Businesses should take steps to strengthen their role in regulating the labour supply and in recognising the signs of labour exploitation. Effective and proactive measures to tackle labour exploitation deters criminal enterprises from entering labour supply chains and promotes fair competition and decent work.     

Helsinki: HEUNI, 2020. 60p.

By Chase Childress, Amy Farrella, Shawn Bhimani, and Kayse Lee Maass

Law enforcement interventions continue to be the primary mechanism used to identify offenders and illicit businesses involved in human trafficking, yet trafficking continues to be a thriving international operation. We explore alternative mechanisms to disrupt illicit operations and reduce victimization through labor trafficking supply chains using supply chain disruption theory. Using a case study approach to examine one federally prosecuted labor trafficking case in the agricultural sector, we (1) extend criminological concepts of disruption by identifying sources and methods of disruption and (2) inform criminal justice system responses by presenting novel methods of assessing effectiveness of anti-human trafficking policies and programs.

Victims & Offenders, 2022. 39p.

 by Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi

The Inter-American Human Rights System (IAHRS) fosters structural transformations throughout the Americas. This collection of analyses builds upon the studies on Ius Constitutionale Commune en América Latina and Latin American transformative constitutionalism to map out both the ground-level human rights impact of the IAHRS and the institutional characteristics that have enabled such fundamental changes in social reality. The volume starts with essays framing the concept and context of IAHRS impact. Then it navigates thematic analyses on specific rights and types of violations that are front and center to the protection of human rights in Latin America. The concluding essays explore whether and how it is possible to optimize the actions of the Inter-American System, indicating possible paths to increase positive human rights impact. The editors contend that the IAHRS victim-centric approach, community of practice, and openness to institutional reinvention have enabled it to create a virtuous cycle that catalyzes human rights in the Americas, furthering democracy and the Rule of Law throughout the continent.

Oxford, UK; New York: Oxford University Press, 2024. 705p.

By Sara De Vido

Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women's health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women's rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women's health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women's autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal 'interpersonal', and vertical 'state policies'. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States' obligations and eventually asks whether international law itself is the ultimate cause of violence against women's health.

Manchester, UK: Manchester University Press,  2020. 273p.

Edited by Alicia Schrikker and Nira Wickramasinghe

This multidisciplinary volume brings together scholars and writers who try to come to terms with the histories and legacies of European slavery in the Indian Ocean. The volume discusses a variety of qualitative data on the experience of being a slave in order to recover ordinary lives and, crucially, to place this experience in its Asian local context. Building on the rich scholarship on the slave trade, this volume offers a unique perspective that embraces the origin and afterlife of enslavement as well as the imaginaries and representations of slaves rather than the trade in slaves itself.

Leiden: Leiden University Press, 2020.332p.

Edited by Damian A. Pargas, Juliane Schiel

This open access handbook takes a comparative and global approach to analyse the practice of slavery throughout history. To understand slavery - why it developed, and how it functioned in various societies – is to understand an important and widespread practice in world civilisations. With research traditionally being dominated by the Atlantic world, this collection aims to illuminate slavery that existed in not only the Americas but also ancient, medieval, North and sub-Saharan African, Near Eastern, and Asian societies. Connecting civilisations through migration, warfare, trade routes and economic expansion, the practice of slavery integrated countries and regions through power-based relationships, whilst simultaneously dividing societies by class, race, ethnicity and cultural group. Uncovering slavery as a globalising phenomenon, the authors highlight the slave-trading routes that crisscrossed Africa, helped integrate the Mediterranean world, connected Indian Ocean societies and fused the Atlantic world. Split into five parts, the handbook portrays the evolution of slavery from antiquity to the contemporary era and encourages readers to realise similarities and differences between various manifestations of slavery throughout history. Providing a truly global coverage of slavery, and including thematic injections within each chronological part, this handbook is a comprehensive and transnational resource for all researchers interested in slavery, the history of labour, and anthropology.

Cham: Springer Nature, 2023. 716p.

By Stephan Conermann, Claudia Rauhut, Ulrike Schmieder and Michael Zeuske

In the recent cultural heritage boom, community-based and national identity projects are intertwined with interest in cultural tourism and sites of the memory of enslavement. Questions of historical guilt and present responsibility have become a source of social conflict, particularly in multicultural societies with an enslaving past. This became apparent in the context of the Black Lives Matter movement in 2020, when statues of enslavers and colonizers were toppled, controversial debates about streets and places named after them re-ignited, and the European Union apologized for slavery after the racist murder of George Floyd. Related debates focus on museums, on artworks acquired unjustly in societies under colonial rule, the question of whether and how museums should narrate the hidden past of enslavement and colonialism, including their own colonial origins with respect to narratives about presumed European supremacy, and the need to establish new monuments for the enslaved, their resistance, and abolitionists of African descent.

Berlin/Boston:DeGruyter, 2024, 352p.

by Stephan Conermann, Mariana Dias Paes, Roberto Hofmeister Pich and Paulo Cruz Terra

Slavery Studies are one of the most consolidated fields in Brazilian historiography with various discussions on issues like slave agency, slavery and law, slavery and capitalism, slave families, demography of slavery, transatlantic slave trade, abolition etc. Taking into consideration these new trends of Brazilian slavery studies, this volume of collected articles allows leading scholars to present their research to a broader academic community.

Berlin/Boston, DeGruyter, 2023. 347p.