Detention

Detention

Immigration Detention, Inc.
This paper demonstrates the influence of economic inequality on system-wide US immigration detention policy and on individual detention decisions. The paper describes how for-profit prisons have impacted the immigration system through promoting wide-scale detention, which has led to increased profitability in the private prison sector and influence over policymakers. Next, it details the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases, through policies of keeping detention beds full and the use of monetary bond requirements for release from detention. The paper raises troubling issues of democratic governance and the commodification of traditional governmental functions. It concludes with recommendations for reform, including lessening the use of private prison companies for immigration detention, promoting the presumption of liberty in the immigration detention system to push back against large-scale detention, and reducing the use of monetary bond requirements as a condition of release.

Read More

CMSOnAir | His Eminence Joseph William Cardinal Tobin
This episode features a conversation with His Eminence Joseph William Cardinal Tobin, Archbishop of the Archdiocese of Newark, New Jersey. In this interview with CMS’s Executive Director, Donald Kerwin, Cardinal Tobin discusses Catholic teaching on migrants and refugees, developments in immigration and refugee policy, ideological polarization surrounding immigration in the United States, the provision of sanctuary to migrants, and how faith communities can become more involved on immigration issues.

Read More

Immigration Detention: Recent Trends and Scholarship
Over many years, human rights and government watchdog organizations have reported on appalling conditions and human rights abuses in immigration detention centers, particularly privately-owned and/or operated facilities. These conditions have included inadequate medical and mental health care, physical and verbal...

Read More

Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation

This paper argues that the Illegal Immigration Reform and Immigrant Responsibility’s (IIRIRA) detention mandate, special interest groups, and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. It discusses the implications of the growth in immigrant detention for human rights, legislative representation, and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? Does the rapid increase in detention pose challenges or risks to democracy? The paper uses a unique dataset to reveal that major restrictive federal immigration policies such as IIRIRA and the increasing federal immigration enforcement budget have had a significant impact on immigrant detention rates. Based on these findings, the paper recommends: 1) increased transparency and accountability in data management from the Department of Homeland Security and on lobbying expenditures from for-profit detention corporations, 2) the repeal of mandatory detention laws, and 3) the repeal of the Congressional detention bed mandate.

Read More

Global Compact on Migration: Issues at Play
One of the most significant outcomes of the New York Declaration on Large Movements of Refugees and Migrants, a non-binding international agreement adopted by the United Nations General Assembly in September, 2016, was the launching of a two-year process to...

Read More

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS). It finds that DHS has overstated the number of people from roughly 30 counties who have overstayed their temporary visas, half of them participants in the US Visa Waiver Program (VWP). In particular, the DHS estimates for 2016 include significant numbers of temporary visa holders who left the undocumented population, but whose departure could not be verified. Thus, the actual number of visa overstays in 2016 was about half of the number estimated by DHS.  The paper also shows that the population growth of visa overstays was near zero in 2016 after adjusting DHS estimates to account for unrecorded departures. The country-specific figures in this paper should help DHS improve verification of departures of temporary visitors and also to reassess decisions about admission to the VWP.

Read More

International Migration, U.S. Immigration Law and Civil Society: From the Colonial Era to the 113th Congress
The series draws on contributions from leading scholars and practitioners in the field. Joseph Chamie, the former director of the United Nations Population Division and former editor of the International Migration Review, provides a magisterial overview of migration flows to and within the Americas over the last 525 years, with particular focus on the United States and the territory that became the United States. He also highlights several themes that weave through this long history. Charles Wheeler, a senior attorney and director of training and legal support for the Catholic Legal Immigration Network, Inc. (CLINIC), provides a concise and timely history of US immigration law and policy, starting in the colonial era and leading to the current impasse on immigration reform. Sara Campos, a freelance writer and the former director of the Asylum Program for the Lawyers Committee for Civil Rights in San Francisco, writes a groundbreaking chapter on the growing role of civil society in the US immigrant communities and in the US immigration debate. All three chapters, as well as an introduction by Mr. Kerwin, speak very directly to the US immigration debate.

Read More