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Between the second half of the eighteenth and the beginning of the nineteenth century, the Indian Ocean became a theatre of the global war waged by European imperial states. This article compares how three colonial powers, in French, Danish, and British colonial territories, dealt with interconnected political threats, in a region where the limits of imperial sovereignty and jurisdictions were often blurred and frequently renegotiated. Rather than a formally sanctioned doctrine and legal category, deportation should be understood as a crude tool for solving a variety of problems. Although the forced removal of criminals, religious minorities or political opponents was not a new instrument to the late eighteenth century, it is often ignored that political deportation was also a widely used legal practice in the Indian Ocean during the 'age of revolutions'. In this region, deportation was used by imperial centres to get rid of political enemies, but also by regional authorities, without referring to metropolitan orders. It was usually not a judicial punishment, but an administrative measure justified in the name of political necessity. This article focuses on three small colonial enclaves, French Reunion, Danish Tranquebar, and British Pondicherry, where a siege mentality and fear of political sedition were omnipresent in this period. Contemporaries believed, with some justifications, that a single conspiracy linked these three colonial theatres, involving the same set of protagonists, who redeployed their projects as they were removed from one place to the next. But in these three sites and societies, deportation raises different issues. Dumping radicals on a foreign shore might have been a short-term fix, but it rarely solved problems in the long term: deportees often returned after some time, which was a direct consequence of the colonial authorities' reluctance to take irreparable decisions, and of the entanglement of empires and polities in the Indian Ocean. [ABSTRACT FROM AUTHOR]

Detentions and a looming threat of deportations have significantly increased for Rohingya refugees since 2017, when the Indian government drastically changed its protection policy and categorised them as 'illegal migrants' under law. The result has been an impetus to the security authorities to proactively detect and monitor with the eventual aim to detain and deport Rohingya refugees to Myanmar. Fuelling such illegalisation process is the Indian authorities' arbitrary manipulation and contraction of the long-standing hosting of certain 'non-citizen' refugees in the country to suit the politics of the day. In addition, the Supreme Court (ostensibly the arbiter of rights for all within India's territory) recently issued an interim order which effectively approved this Rohingya refugee 'illegalisation' position, hardening the perilous illegalisation of the community in India. To interrogate these developments, the present article analyses the growing illegalisation through detention and deportation of Rohingyas in India by contextualising the conception of 'non-citizenship' as a legal status and a normative category. The article proposes that the notion of 'non-citizenship' must be engaged with in a broader analytical manner than a static illegality based on lack of documents, in legal, judicial and policy discussions around refugee protection in India. [ABSTRACT FROM AUTHOR]

Banishment concludes the keyword discussion by arguing that we can understand the exclusionary practices of welfare states as a politics of destitution, which ultimately leads to the banishment of unwanted individuals. It argues that banishment can be helpful as a conceptual lens through which to understand the purposeful strategies that render individuals deportable, whether citizens or non-citizens. [ABSTRACT FROM AUTHOR]

The article focuses on the intersection of criminal and immigration law, particularly the responsibilities of criminal defense attorneys when advising non-citizen clients. Topics include understanding the Padilla v. Kentucky decision, categorizing non-citizen defendants based on their immigration status, and the legal consequences of various criminal offenses on deportation and lawful status.

In October 2021, Imam Mohamed Toujgani, a Moroccan who had resided in Belgium for nearly 40 years, was banned from the Schengen area for a decade. He was accused of espousing anti-Semitic views and having ties to Moroccan intelligence, posing a threat to societal harmony. This article critically examines the ban by putting it within the context of Europe’s securitisation of Islam. It explores Toujgani’s theological and social views, highlighting his promotion of dual belonging – a notion supported by the works of scholars such as Thijl Sunier on Islam in Europe. Employing Michel Pêcheux’s relational discursive approach, this study argues that Toujgani’s deportation risks deepening social divisions, potentially escalating conflicts rather than mitigating them. [ABSTRACT FROM AUTHOR]

The article discusses the deportation of Syrian refugees from Lebanon and Turkey between 2017 and 2024. It attempts to bring light on the experiences of these refugees facing forced returns, emphasising the human consequences and complicated causes underlying such actions. The purpose of this article is to raise awareness about the deportation of Syrian refugees and the urgent need for collective action to address this humanitarian disaster and preserve the lives of vulnerable individuals affected by forced repatriation. Using the descriptive analytical approach, this article investigates the legislative frameworks and international commitments that should safeguard refugees from forced repatriation. The Universal Declaration of Human Rights (udhr), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol and rules of International Humanitarian Law will be used as a standard for the definition and legal framework of refugee’s rights. The article dives into the obstacles that host countries confront, including as social, economic, and political pressures. It also emphasises the necessity of advocacy activities and protective measures to defend Syrian refugees’ rights and well-being. The findings of the article are expected to benefit Syrian refugees and raise awareness about their situation, which will contribute preserve their lives and well-being. [ABSTRACT FROM AUTHOR]

The last decades of the Ottoman Empire were characterised by mass violence that saw millions, mostly Ottoman Christians, perishing and forcibly moved within Ottoman borders, or expelled out. While it is generally accepted (except by Turkey and pro-Turkish commentators) that what befell the Armenians in 1915 and 1916 was a Genocide, in recent years many have taken to calling what befell other Ottoman Christians as a genocide as well, referring to a genocide of Armenians, Greeks and Assyrians from 1915 to 1923, and some even to a 30-year genocide. This essay attempts to scrutinise this recent trend, by contrasting what happened to the Armenians and the Greeks during the last years of the Ottoman Empire and during the rise of Nationalist Turkey, namely from 1915 to 1923. It first distinguishes between the terms genocide, genocidal and ethnic cleansing. It then establishes that population numbers are pivotal to genocide, as those killed and those that survived are important to evidence intent and application. The article then delves into the cases, comparing and contrasting across the criteria of intent and destruction processes, and the number of dead and survived. Finally, the article answers why the Armenian case (1915–16) is a Genocide, but not the Greek case (1915–23) or that of the Armenian case (1919–23). This article is important for the overall special issue on mass deportation because it clarifies the differences between various genocidal processes, including mass deportation, ethnic cleansing, and genocide. [ABSTRACT FROM AUTHOR]

The case of Mary Masako Akimoto illuminates how carceral systems based on immigrant criminalisation, known as crimmigration, intersected with gendered notions of decent and indecent work in 1930s America. Mary Akimoto was deported from the USA in compliance with US anti‐sex trafficking law for the crime of selling sex in a brothel (indecent work). Yet, as part of her rehabilitation or as a requirement of her release in the months and years that followed her initial arrest, she regularly found herself in coerced labour situations engaging in vocations gendered as decent work. [ABSTRACT FROM AUTHOR]

In addition to guarding national frontiers, some border patrol officers also escort illegal immigrants abroad. This article analyses this work from an interest in officers' (moral) experiences and how these relate to the circumstances in which they work, such as occupational culture, policy and procedures. Therefore, the notions of dirty work and moral injury are used as conceptual frameworks, and 14 Dutch escort officers were interviewed about their experiences. This article adds to dirty work analyses by developing an understanding of how workers' experiences relate to both formal and moral legitimacies and a possible tension between the two. In addition, it extends the literature on moral injury by describing context-dependent forms of impact that escape clinical diagnoses. Theoretically, this article shows that the occupational resources that are elsewhere seen as tools for navigating 'necessary evils' can in fact hide the impact of this kind of work. [ABSTRACT FROM AUTHOR]

From 2005-2013, migrants travelled through Egypt’s Sinai Desert to cross into Israel in search of asylum. The first were Sudanese people escaping conflict in Darfur, with Eritreans arriving subsequently. With no established legal framework for processing asylum claims, Israel’s government prevented these migrants from making formal asylum applications, granting temporary collective protection, and began to use language of infiltration and policies of detention and deportation. In response, irregularised Africans organized a protest movement, claiming the right to a fair asylum process, the contours of which illustrated the complex entanglements of collective affects that were central to making a new political subject. The article asks how experiences of Israel’s border regime disclosed a particular world, how the border was felt in affective encounters and relations through which migrants were hailed as infiltrators. The violence of bordering led to despair, stuckness, and dissipating hopes, but migrants’ shared suffering also produced inter-connection and solidarity in ways that reflected the valuing of established identities as well as being together in difference. Positive and negative affects coexisted, the latter leading not to political inaction but demonstrating the generative potential of loss when it shapes shared affective spaces and expressions of collectivity. [ABSTRACT FROM AUTHOR]

When undocumented immigrant parents are deported from the United States, they must decide whether or not to take their U.S.-born and undocumented immigrant children with them, often to countries the children have never visited or know little about. Other parents do not wait to be deported by the government and decide to relocate to their home countries with or without their children. Both sets of families experience relocation but under different circumstances. These differences deserve exploration to understand the psychological and emotional effects on children's well-being. In this cross-sectional study, we explored differences in self-concept, internalizing and externalizing behaviors, as well as the perception of the home, school, and neighborhood contexts of 178 U.S. citizen children (USCC) whose parents returned to Mexico forcibly and voluntarily. Through snowball sampling, we recruited the sample from two bordering Mexican states, Michoacán and the State of Mexico. Significant estimated marginal mean differences in internalizing and externalizing behavior problems, unhappiness, as well as parent–child conflict and support were found between USCC who relocated due to a parental deportation and those USCC whose parents relocated to Mexico voluntarily. Implications for clinicians in Mexico and the United States include recognizing the reasons, timing, decisions, events, and contexts of relocation. Findings can help inform immigration policies, practices, and future research. Public Policy Relevance Statement: Immigration enforcement should contemplate the impact on U.S. Citizen Children (USCC). Parental deportation proceedings should consider USCC's mental health, Spanish language proficiency, Mexican cultural affinity, years of residency in the United States, and support networks in the parent's country of origin when making determinations in removal hearings. In addition, deportation proceedings should allow transitional time to help the family relocate in a more planned way. [ABSTRACT FROM AUTHOR]

Each year the United States government detains and deports hundreds of thousands of people who prior to their removal are held in confinement for an average of 55 days. The short and long-term effects of the coronavirus pandemic on migrant detention and deportation continue to be evaluated in real time, including how we can best study it. This paper provides a timely analysis on the relationship between immigration enforcement and confinement, public health emergencies, and ethnographic methods. It makes two contributions. The first is methodological and focuses on the challenges and opportunities of ethnographic methods in carceral settings when pandemic-related protocols have raised additional challenges to conventional in-person prison ethnography. The second contribution is empirical and documents how we adapted ethnographic methods to an interdisciplinary research design and to the exigencies of the pandemic to study the spread of the coronavirus in four immigrant detention facilities in New Jersey, USA. [ABSTRACT FROM AUTHOR]

The United States regularly deports individuals to Tonga due to criminal convictions, and these deportees often struggle to reintegrate into Tongan society. This phenomenological study explored the lived experiences of 12 such criminal deportees through semi-structured interviews to elicit participants' personal stories of deportation and transition. Common themes of family, religion, and Tongan culture emerged in their responses. These results are discussed, as well as recommendations to aid deportees. The study emphasizes that successful deportee reintegration can be facilitated with the collaboration of government, religious groups, and families. [ABSTRACT FROM AUTHOR]

This study analyzes intersections between penal deportation and Indigenous captivity in southeastern South America during the eighteenth century. Via records on Lincompani, a cacique taken captive in the southern borderlands of Buenos Aires and exiled to the Malvinas Islands alongside other prison laborers (presidiarios), it highlights the scale of penal deportation within the early Americas and connects the practice to the formation of geopolitical borders. As colonial officials banished purported criminals to borders, rather than across them, and banished male Indigenous captives from one borderland to another, these forced migrations reinforced territorialized spatial logics and contributed to Indigenous land dispossession. Drawing upon a half century of records from Malvinas, the article also analyzes convicts' and captives' experiences of penal deportation, highlighting instances when their shared status as presidiario may have superseded or been subordinated to ethnic distinctions, considering the gendered logics that shaped their banishment, and reflecting upon the narration of their actions via colonial records. [ABSTRACT FROM AUTHOR]

Most EU member states fail to provide essential sexual and reproductive health services to undocumented migrants, a vulnerable population facing limited access, utilization, and worse health-related outcomes. This study systematically reviewed the literature on access to and use of these services, as well as related health, economic, and migratory outcomes for undocumented migrants in the EU-EFTA region. The systematic review is reported based on the PRISMA 2020 checklist and includes 37 studies published between 2017 and 2024. Included studies were based upon original quantitative, qualitative, or mixed-methods data; conducted in one or more European countries; and published in one or more of the following languages: English, Spanish, French, Portuguese, or Romanian. A quality assessment was conducted using the CASP checklist for qualitative studies and the NHLBI Study Quality Assessment Tools for quantitative studies. The findings revealed numerous access barriers, including refusal of care, lack of knowledge about national healthcare schemes, bureaucratic hurdles, and affordability issues. Even when care was available, stigma, fear of deportation, socio-economic precarity, and abuse further hindered utilization. These barriers contributed to generally worse reproductive health outcomes for undocumented migrants in Europe, though the findings may not generalize to all EU-EFTA countries. [ABSTRACT FROM AUTHOR]

The United States regularly deports individuals to Tonga due to criminal convictions, and these deportees often struggle to reintegrate into Tongan society. This phenomenological study explored the lived experiences of 12 such criminal deportees through semi-structured interviews to elicit participants’ personal stories of deportation and transition. Common themes of family, religion, and Tongan culture emerged in their responses. These results are discussed, as well as recommendations to aid deportees. The study emphasizes that successful deportee reintegration can be facilitated with the collaboration of government, religious groups, and families.

Pacific Island states face high levels of criminal deportations arriving from the United States, Australia and New Zealand—with the expectation that returnees will simply reintegrate. However, reintegration into a country that individuals often do not remember, or know the language or cutural protocols of, can be difficult. Returnees may face social stigma and/or subsequent surveillance and legal requirements on their return: the latter known in scholarly literature as ‘crimmigration creep’. In this article, we examine the case of Samoa, which has taken a unique culture-centric approach to reintegration through the establishment of the quasi-governmental Samoa Returnees Charitable Trust, rejecting external ‘one-size-fits-all’ approaches. We argue that this exertion of Samoa’s agency has led to a delay in crimmigration creep.

For many Mexican-origin families in the U.S., a deportation can be a familiar sighting. Threats of deportation can infringe on parent-child bonds and the activities parents are able to participate in with their children. Using data from a community sample of 85 Mexican-origin fathers, this study utilized a culturally adapted family stress model to examine the role of fathers' experiences with deportation in undermining positive parenting practices and heightening parenting stress, and then test whether fathers' perceived access to informal social support moderates these associations. Multiple regression analyses showed the complexity of the role of social support in family stress processes. Findings suggest fewer positive parenting practices were reported by fathers with more deportation experiences, but only in conditions where fathers perceived lower-than-average social support. Also, fathers perceiving higher-than-average social support reported parenting stress if they were also experiencing greater depressive symptoms. Practical implications of state-sanctioned family separations are discussed. [ABSTRACT FROM AUTHOR]

On 29 October 1956, the first day of the Suez War, detachments of the Israeli Border Police massacred forty-seven Arab men, women, and children in the village of Kafr Qasim. Although the government and army denounced the atrocity, some historians have since argued that the massacre was planned by high-level military and government circles. The government's goal, according to this view, was to drive the Arab villagers across the border in line with a contingency plan known as Operation Mole. We present an alternative view based on new documents: rather than being either part of a preconceived plan of expulsion or an aberrant individual crime, the massacre was in fact a result of an Israeli deception plan that got out of hand. [ABSTRACT FROM AUTHOR]

The article focuses on the potential of the U visa as a remedy for undocumented immigrants defrauded by unethical attorneys. Topics include the vulnerability of immigrants to scams due to fear of deportation and limited access to legal resources; the specifics of the "ten-year visa" scam that preys on their desperation for legal status; and the rationale for granting U visa status to these victims to align with congressional intent and protect immigrants.

During the Second World War, Germans, Austrians and Italians living in Great Britain were designated as 'enemy aliens' and consequently interned. The worsening situation on the continent in May and June 1940 stirred up hysteria that spies and saboteurs could be amongst the Germans and Austrians. Mass arrests started in May 1940, and Italians were soon caught up in the detentions when Mussolini declared war on 10 June, thus filling internment camps to capacity. Canada and Australia agreed to take some of the 'most dangerous characters', facilitating the most controversial aspect of internment – deportation – which led to the ultimate tragedy when the SS Arandora Star was torpedoed and sunk on 2 July 1940. Building on previous scholarship that focuses on either German or Italian internment, this article examines both government policy towards and the internee experience of these two groups on an equal footing, thus furthering integration of the Italian narrative within internment historiography. [ABSTRACT FROM AUTHOR]

Since the sinking of SS Arandora Star 84 years ago, the memory of this tragic wartime incident has been strongly held and developed within the British Italian community, moving through several phases, from oblivion to recognition and commemoration to a more recent growing awareness in a wider mnemonic community of interest. The aim of this special issue is threefold: to raise further the profile of the Arandora Star ; to consolidate and secure the uncertain historical foundations of the event; and to advance the historiography by introducing new facts and perspectives and uncovering previously hidden or unknown aspects both of the past and the continuing afterlife. The six articles presented move logically through the history and stages of memory evolution and its manifestation – internment and deportation, the sinking itself, material, cultural and political aspects of the deathscape, oral histories, the multimedia 'archive', with finally, an embarkation listing to plug a serious knowledge gap. [ABSTRACT FROM AUTHOR]

What happens to international media reporting when governments expel foreign journalists? Countries around the world expel foreign reporters, yet there is no consensus about the effects of such expulsions. We argue there are three possible outcomes of expulsion: a chilling effect, resilience, and backlash. Using China as a case study, we evaluate these competing theories by collecting a novel dataset of foreign news stories about China and applying time-series causal inference methods to measure the effects of expulsion on information origination, composition, and reach after March 2020, when the Chinese government expelled a large number of foreign correspondents. Results show that expelled media organizations did not experience a chilling effect or backlash on reporting and may have changed their production processes to account for expulsion. These findings suggest that news organizations can remain resilient to the impact of extraordinary events which target the organization and disrupt internal production processes. [ABSTRACT FROM AUTHOR]

The threat of deportation is a common experience shared by migrants around the world. Migrant-serving nonprofit organizations must also contend with these threats. While there is considerable research on how nonprofits serve migrants, there is a lack of research that explores what mass deportation threats may mean for nonprofits actors and their work. In order to address this gap, this study explores the case of the Dominican Republic where there was widespread fear that mass removals would occur after the closing of the National Regularization Plan for Foreigners on June 17, 2015. Using semi-structured interviews with 20 nonprofit actors from Haitian-migrant serving organizations, a qualitative content analysis reveals three main themes that capture how nonprofits perceived and pursued opportunities from the threat of deportation. They include the opportunity to grow, the opportunity to advocate, and the opportunity to learn and educate. This research is important for shedding light on the organizational resilience of migrant-serving nonprofits in the Dominican Republic and offers insight into how policies might be developed to support nonprofits as they address migration policies in their work. [ABSTRACT FROM AUTHOR]

This paper calls for greater attention to air deportation, defined as the multiple ways in which states utilize aviation systems for the purpose of expelling unwanted people under immigration and criminal law. Civil aviation is pivotal to the expulsion of people from the countries of the global North, yet scholars of deportation have rarely addressed questions of aerial mobility. The paper makes two moves to centre aerial and carceral mobilities within the study of deportation. (1) Empirically, and taking the UK for its case material, it brings scholarly attention to one particular practice of air deportation: the phenomenon of charter flights. These are special operations on which there are no regular passengers, just deportees who are out-numbered by Detainee Custody Officers and other authorities. (2) Conceptually, the paper develops three tools from this case to advance the study of carceral circuits and mobilities: custodial chains, affordances and encumbrances. By helping us better understand agonistic power relations, and by offering a contextualized account of change attuned to the interplay of a variety of factors, these concepts can promote a more mobilities-attuned understanding of deportation by plane. They can also help us better understand tension and transformation in carceral mobilities. [ABSTRACT FROM AUTHOR]

Despite being frequently invoked in everyday police work and immigration enforcement to justify coercive measures, public order and security remains an ambiguous legal concept. For EU citizens, the Citizens' Rights Directive stipulates public order and security grounds to provide a higher threshold against removals than criminal convictions alone. However, the removal grounds for EU citizens were founded on even less than criminal convictions in analysis of 100 removal orders for mobile Estonian and Romanian citizens in Finland. Ultimately, the removal orders relied on the assumption of future crimes and invoked a conception of 'dangerous individuals' with criminal tendencies, even based on single minor offences and administrative penal orders without criminal convictions. Notwithstanding various legal meanings, I argue that the required public order and security grounds for the removal of EU citizens corresponded to police conceptions of mobile populations as a potential source of criminality and a threat to social order. [ABSTRACT FROM AUTHOR]

This contemporary comment considers the consequences of the 2014 amendments to Section 501—the character test—of the Migration Act 1958 (Cth) and considerations of greater fairness, responsibility and social cohesion for long-term residents who experience character-based visa cancellation. New Zealanders have become the largest nationality group of people deported from Australia, a relatively new phenomenon in Australia's deportation history. Many are long-term residents. The increasing numbers of deportations across the Tasman caused diplomatic rifts to emerge, testing the traditionally close relationship between Australia and Aotearoa, New Zealand. It raised the issues of fairness and where responsibility lies for the conduct of non-citizen long-term residents who call Australia home. Recognising the value of long-term non-citizen residents to the Australian community, those resident for a period of 10 years or more were once protected from criminal deportation under the Hawke-Keating Labor Governments. With a focus on New Zealanders and a commitment to reset diplomatic relations, the Albanese Government has returned to this 'common sense' approach. This contemporary comment draws on a systematic policy review to provide policy insights from the past and present to consider future directions for New Zealander and other long-term non-citizen Australian residents. [ABSTRACT FROM AUTHOR]

This paper examines transformations undertaken by the Malaysian government in reforming its deportation policy, operation, and enforcement. It focuses on the post-2008 period during which Malaysia embarked on several reform initiatives, notably the introduction of biometric technology, the implementation of the National Blue Ocean Strategy, and the establishment of a National Task Force under military leadership. This paper aims to analyse the implementation of the reforms and the implications of these initiatives. The analysis draws upon parliamentary debates, ministerial documents, legal texts, online news media and secondary literature. This paper has found the following three findings. First, deportation could be conceptualised as a migration control strategy to achieve zero irregularity. Second, Malaysia’s deportation regime is increasingly technologically driven, integrated, and militarised. Third, Malaysia has established a network of border and migration management databases centred on the identification, monitoring, and surveillance of individuals. The integration of biometrics technology in interior enforcement has led to the emergence of a digital border. [ABSTRACT FROM AUTHOR]

The removal of undocumented migrants has become a widespread preoccupation of current European migration politics and one of the most emotionally contentious state practices of our times. Not only right-wing populists and their constituencies demand an increase in expulsions, but also mainstream society. Others accuse these positions of being racist or lacking humanism and instead promote solidarity to help people seeking protection in Europe. These divisive views and migrants’ often long-term experience of being ‘unwanted’ and deportable provoke strong and often irreconcilable emotions. The ethnographic explorations assembled here zoom in on the ‘affective economies’ inherent in the arbitrary processes and unpredictable experiences of removals of people from Europe to different parts of the world. This special issue puts forward a twofold argument: First, conceptually, we argue that a focus on affects is indispensable in order to fully unearth the complexities of removal processes. And second, methodologically, we contend that an ethnographic approach, with its deep and often long-term commitment of researchers to their respective field(s) including multiple actors, is essential to comprehensively grasp the affective economy of removal. [ABSTRACT FROM AUTHOR]

What does it mean when the future of one’s life is exposed to the inscrutable will of an intangible other? And what are the possibilities of still asserting oneself when pushed to the limit? Nuancing the feelings of different actors in a detention centre and analysing how everyday moods, affects and violence intertwine, I explore how the randomly cruel and often-inexplicable logic of the contemporary deportation regime pushes migrants to their limits. Taking as my starting point the argument that deportation practices are effective because they operate on an affective level, I show how affective experiences manifest themselves bodily and how violent practices and discourses reverberate in bodies. I argue that ‘bodies under pressure’ are testimonies of racialised histories of exclusion, and I show how they become calls for social recognition. Exploring small, often-unintended acts of rebellion against exhausting deportation practices, I stress the existential necessity and social importance of including oneself in the realm of meaning. [ABSTRACT FROM AUTHOR]

The increased securitisation of the borders bounding and intersecting Europe has led to the formation of makeshift tent settlements along established routes of irregular migration. Built at permeable border points, illegalised migrants live in these informal camps while they attempt to cross into a neighbouring country. One such camp, Dankix, lies on the northern French coast in the outskirts of Grande-Synthe. While its Kurdish inhabitants aim to cross the Channel to the United Kingdom, some return to Kurdistan using the state’s programme of retour volontaire, or ‘voluntary return’. I examine the affective economy of state-assisted return through the experiences of one family as they move between the social and juridical categories of illegalised and legalised. As they simultaneously cross borders thousands of miles apart, they circulate affective energies that contain particular material, spatial, and temporal dimensions. This affective economy both reveals and transforms the relationships between emplacement, belonging, and illegalisation. [ABSTRACT FROM AUTHOR]

The European migration control regime claims to strife for ‘orderly’ and safe conditions of migration, yet systematically generates the opposite. This paper explores the role of informality in creating solutions to enable control and produce order in the European migration control regime by examining two areas of border policy characterised by high degrees of regulation and contestation : the implementation of the Dublin III Regulation (2013) and transnational negotiations over readmission agreements between European states and deportable people’s assumed countries of origin. We focus on Sweden and Switzerland, two countries perceived as having high degrees of ‘formality’ in their migration control regimes, and draw on ethnographic material generated between 2015 and 2018 in Swiss and Swedish migration control agencies. We demonstrate the central role of informality in making formal regulations 'work'. The Dublin Regulation necessitates tacit toleration of informality to be enforced, and readmission agreements rely on informal, transnational politics that neither follow migration law nor respectthe rights and lives of people on the move. The article underscores the importance of debunking the myth of an ‘orderly’ migration control regime, informality is what makes European migration control ‘work’, often to the detriment of people on the move. [ABSTRACT FROM AUTHOR]

Thousands of people are deported from the UK every year, having served a sentence for a serious criminal offence, it being determined that it is no longer in the public interest for them to remain in the UK. For those who are parents, they can appeal against deportation on grounds that it would breach their right to family life and have an unduly harsh impact on their children. Detailed guidance has emerged, setting out the factors that should be taken into account in determining this question in a manner that is compliant with children's rights. Drawing on an in-depth analysis of a sample of deportation case files, this paper provides a unique empirical insight into the extent to which this guidance is applied in practice, with a particular reference to children's rights principles and processes. [ABSTRACT FROM AUTHOR]

In 2022, in Priva v. U.S. Attorney General, the U.S. Court of Appeals for the Eleventh Circuit held that to prevail on a due process claim regarding the denial of counsel during a deportation-related reasonable fear hearing, a noncitizen aggravated felon must show that they were substantially prejudiced by the denial. Some courts have applied the substantial prejudice requirement to due process challenges to immigration proceedings. These courts have essentially treated denial of counsel claims as equivalent to other due process disputes. A majority of circuits recognize, on the other hand, that demonstrating substantial prejudice is not required when there is a corresponding statutory right to counsel. This Comment argues that the Priva court was wrong to impose the substantial prejudice requirement because there is a federal statutory right to counsel in deportation proceedings and the denial of counsel is distinct from other due process challenges due to its inherently prejudicial consequences. [ABSTRACT FROM AUTHOR]

The fiction of non-entry is a legal fiction usually employed by States at their borders. Such a fiction is based on the distinction between the physical presence of a person on the national territory and her legal entitlement to cross the border and reside herewith. More precisely, the fiction of non-entry revolves around the concept of admission and on the premise that unadmitted migrants (i.e. migrants not fulfilling the entry conditions and, therefore, refused entry, or migrants awaiting admission) at the borders, despite being physically present on the territory, are not to be considered so for legal purposes. By this mean, States are able to deny the application of the ordinary legal regime, institutionalizing a detrimental legal framework for unadmitted migrants at the borders as opposed to the one applicable to regular or even irregular migrants within the national territory. The purpose of this article is to explore the role of such a fiction in European migration law, namely in the context of EU law and the ECtHR jurisprudence, with a focus on the issues of admission on national territory, detention and expulsion. Moreover, this contribution aims at showing how this legal construct is to become increasingly central to European migration law. Indeed, the fiction of non-entry is currently at the core of the new "integrated border procedure" proposed within the 2020 new pact on migration and asylum. Therefore, the contribution will analyse the consequences of such an institutionalization on the rights of migrants at the EU external borders. [ABSTRACT FROM AUTHOR]

This Comment examines how the United States deviates from most of the Western world by allowing deportation of noncitizen juvenile offenders to be essentially mandatory for a wide number of crimes. Deportation is "mandatory" in the sense that it is often an automatic result with very few options for judges to consider relevant mitigating factors, such as how long the noncitizen has lived in the United States, ties to U.S. citizen family members, or behavior since committing the crime. Deportation of juvenile offenders is applied harshly to both authorized and unauthorized noncitizens, many of whom have lived in the United States most of their lives. This Comment uses the Supreme Court's approaches to juvenile justice, the Eighth Amendment, and international law to show that deportation of juvenile offenders, absent judicial discretion, is a cruel and unusual punishment, and that it is time for the United States to significantly curtail deportation of noncitizens for crimes they committed as minors. Mandatory deportation of juvenile offenders not only conflicts with the rehabilitative purposes of juvenile justice but is also unconstitutional under the Eighth Amendment's ban on cruel and unusual punishment as informed by international norms. International norms universally confirm mandatory deportation of juvenile offenders, without consideration of mitigating factors, is considered inhumane on the global stage. [ABSTRACT FROM AUTHOR]

Throughout the 1950s, as anti-communism shaped immigration law, the Los Angeles Committee for the Protection of Foreign Born developed a leftist rhetoric of immigration justice that cast the quest for equal justice for the foreign-born as a test for the integrity of democracy and the Bill of Rights. While the group was marginalized by the anti-communist crackdowns of the postwar era, it managed to create a unique multi-racial, multi-ethnic coalition and crafted a rhetoric that knitted together ideas of migration as a basic right, universal due process, free speech for all non-citizens, and deportation as an inhumane and politically repressive state intervention. [ABSTRACT FROM AUTHOR]

This article investigates who counts as dangerous for immigration control purposes and how states spot and monitor purportedly dangerous people for immigration enforcement measures. By examining Canadian immigration detention law and practice during the early months of the COVID-19 pandemic, the study finds that nearly all danger-based immigration detentions targeted long-term Canadian residents who had typically lost permanent legal status following a criminal conviction. The article argues that a core function of immigration enforcement processes is the removal of supposedly undesirable persons from society and that danger-based detentions are used primarily for post-admission migration control. Furthermore, the study reveals that the surveillance and policing of dangerous individuals largely relies on external police agencies, with immigration officials rarely initiating or managing their own investigations. The findings from this research contribute to the growing body of literature on the overlap between criminal law and immigration law and shows that—in the context of danger-based immigration detention—immigration authorities do not initiate their own investigations, but depend almost exclusively on the work of criminal police forces. [ABSTRACT FROM AUTHOR]

Diagnoses of breast cancer are continuing to increase in the Philippines, but little is known about incidence rates among the significant number of Filipino women working abroad as migrant domestic workers (MDWs). These women are often the main income providers for their families, and their ability to work depends upon their physical health and strength. In this article, we use interpretive phenomenological analysis to explore the experiences of 10 MDWs from the Philippines who were diagnosed with breast cancer during a period of employment in Hong Kong. Analysis of these narratives revealed numerous points at which their status as temporary, transnational migrant workers intersected with their experiences of breast cancer detection, diagnosis, and treatment. We argue that these women's experiences of breast cancer were shaped by the structures of migration that link the Philippines with host destinations like Hong Kong. These structures create a unique context in which these women had to constantly renegotiate their identities as migrants, financial providers, and breast cancer patients. [ABSTRACT FROM AUTHOR]

Through an Ambiguous Loss framework, this study examines how family members in the United States and in Cambodia process grief and cope with deportation and separation. The ongoing sense of loss can result in families feeling stuck, continually dealing with the ambiguity of whether their deported family member is in or out of the family. Individual and group interviews conducted with family members in the United States and in Cambodia revealed the following main themes: frozen grief- inability to move on, ambiguous loss compounded by unclear roles and boundaries, and sense of betrayal. This research examines life after deportation and seeks ways to improve the conditions for families. These findings recognize the painful irony that exist for families dealing with loss from deportation. [ABSTRACT FROM AUTHOR]

Experiencing parental deportation during childhood is associated with higher rates of mental health and behavioral health challenges. This adversity may be exacerbated by the uncertainty of what is happening to their deported parent and to their family system following a deportation experience. Effective clinical intervention can reduce the likelihood and/or severity of physical health, mental health and behavioral health difficulty caused by the trauma of parental deportation; however, clinicians have insufficient resources and guidance on effectively engaging with children and their families following parental deportation. Semi-structured qualitative interviews were conducted with English-speaking Latino individuals from the United States who experienced parental deportation between the ages of 6 and 17 (n = 10). Using interpretive phenomenology analytic procedures, three major themes emerged related to participants' experiences of their family after their parent's deportation: (a) I wish I knew what was happening, (b) I wish people had checked in on my emotions, and (c) I wish people had been supportive and included us in the conversation. These findings are examined from an ambiguous loss framework to provide clinical implications of children's needs after parental deportation. Suggestions are offered from the adults who lost their parent to deportation as a child about what they needed following their loss. By understanding what children need in these moments of crisis, practitioners, providers, and others are better prepared to address this form of complex childhood adversity. [ABSTRACT FROM AUTHOR]