Migration Studies Commons^™

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

The Scholar: St. Mary's Law Review on Race and Social Justice

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …

Virtually Incredible: Rethinking Deference To Demeanor When Assessing Credibility In Asylum Cases Conducted By Video Teleconference, Liz Bradley, Hillary Farber

All Faculty Scholarship

The COVID-19 pandemic forced courthouses around the country to shutter their doors to in-person hearings and embrace video teleconferencing (VTC), launching a technology proliferation within the U.S. legal system. Immigration courts have long been authorized to use VTC, but the pandemic prompted the Executive Office for Immigration Review (EOIR) to expand video capabilities and encourage the use of video “to the maximum extent practicable.” In this technology pivot, we must consider how VTC affects cases for international humanitarian protections, where an immigration judge’s ability to accurately gauge an applicant’s demeanor can have life-or-death consequences.

This Article takes a deep dive …

Family Preservation Strategies: Regendering Labor In Mixed-Status Marriage After Co-Deportation, April M. Schueths, Nathan Palmer

The Journal of Sociology & Social Welfare

Harsh U.S. deportation policies disproportionately target Latin American immigrant working-class men and subsequently divide families. The unique experiences of co-deported mixed-status couples are missing from the deportation literature—that is, U.S. citizens, primarily women, who live outside of the United States with their deported Latin American immigrant spouses (what we call co-deportation) rather than living separately. Using hegemonic masculinity, this research qualitatively analyzes the experiences of eleven mixed-status couples internationally co-deported. Findings suggest couples' gender dynamics shift paid and unpaid labor to sustain family life living as co-deportees. Co-deported couples are a testament to how adaptable heterosexual gender dynamics can be, …

La Mera Verdad: Exploring Immigrant Latino Fatherhood, Jessica Martinez

Electronic Theses, Projects, and Dissertations

The purpose of the study was to gain a better understanding of the current experiences of immigrant Latino fathers and their families in Southern California, and to examine the barriers and facilitators that impacted their paternal involvement. The literature suggests that father-absence diminishes the ability of a child to thrive in life and yet immigrant Latino fathers are more at risk of all the factors that lead to father-absence, such as poverty and other added stressors. Likewise, these fathers have been noted to experience a lack of fathering in their childhood, which speaks on generational trauma creating the father wound …

A Is For Asylum Seeker / A De Asilo [Toc], Rachel Ida Buff, Alejandra Oliva

Sociology

A clear and concise A to Z of keywords that echo our current human rights crisis

As millions are forced to leave their nations of origin due to political, economic, and environmental peril, rising racism and xenophobia has led to increasingly harsh policies. A mass-mediated political circus obscures both histories of migration and longstanding definitions of words for people on the move, fomenting widespread linguistic confusion. Under this circus tent, there is no regard for history, legal advocacy, or jurisprudence. Yet in a world where the differences between “undocumented migrant” and “asylum seeker” can mean life or death, words have …

The Paradoxical Implications Of Deported American Students, Edmund T. Hamann, Jessica Mitchell-Mccollough

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This book chapter (which has no formal abstract) uses the case of two children who had to leave the United States because their father was deported to raise questions about how US schooling does or does not anticipate and support students who will need to negotiate schooling in two countries.

Principals and teachers throughout the United States (and world) have students with transnational ties. Sometimes students were born in another country. More commonly, one or both parents were. Sometimes that means students and/or parents lack documentation, which creates anxiety and ambiguity in students’ lives that schools need to negotiate. Suro …

Defending The "Bad Immigrant": Aggravated Felonies, Deportation, And Legal Resistance At The Crimmigration Nexus, Sarah Rose Tosh

Dissertations, Theses, and Capstone Projects

This dissertation explores the development and effects of the “aggravated felony”—an expansive legal category that has spurred the detention and deportation of hundreds of thousands of immigrants, including many green-card-holding lawful permanent residents, over the past thirty years. Offenses in this category need not be “aggravated” nor “felonies,” but rather, include a broad range of criminal convictions, including misdemeanors, ranging from check fraud and simple drug possession to drug trafficking and murder. Non-citizens in removal proceedings based on aggravated felony convictions are mandatorily detained and almost certainly deported—usually without legal representation. Still, despite growing academic interest in deportation and the …

The Intentional De-Cohesion In Deportability, Talha Issevenler

Publications and Research

A critical exploration of loss or decohesion of political agency in deportability.

Interrupted Family Ties: How The Detention Or Deportation Of A Parent Transforms Family Life, Blanca Ramirez

Latino Public Policy

Estimates suggests that between 2011 and 2013, at least half a million children experienced the deportation of a parent (Capps et al. 2015). While multiple studies document the numerous psychological and economic effects of this aggressive system of immigration enforcement, an understudied area in this literature is how families navigate family life throughout the process of a detention and/or deportation. By doing so, this study recognizes that families perform new roles including advocacy, emotional anchoring, and financial laboring in an attempt to maintain family well-being.

Crimmigration, Deportability And The Social Exclusion Of Noncitizen Immigrants, Shirley P. Leyro, Daniel L. Stageman

Publications and Research

The spread of crimmigration policies, practices, and rhetoric represents an economically rational strategy and has significant implications for the lived experience of noncitizen immigrants. This study draws up in-depth interviews of immigrants with a range of legal statuses to describe the mechanics through which immigrants internalize and respond to the fear of deportation, upon which crimmigration strategies rely. The fear of deportation and its behavioral effects extend beyond undocumented or criminally convicted immigrants, encompassing lawful permanent residents and naturalized citizens alike. This fear causes immigrants to refuse to use public services, endure labor exploitation, and avoid public spaces, resulting in …

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

Anastasia Tataryn On The Deportation Regime: Sovereignty, Space, And The Freedom Of Movement. Edited By Nicholas Degenova And Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp., Anastasia Tataryn

Human Rights & Human Welfare

A review of:

The Deportation Regime: Sovereignty, Space, and the Freedom of Movement. Edited by Nicholas DeGenova and Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp.