Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law

Hernández, César Cuauhtémoc García

doi:10.1007/978-3-030-43732-9_2

Cited by 4 publications

(4 citation statements)

References 2 publications

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“…These laws, combined with the expansion of federal security agencies following the attacks of September 11th, have led to skyrocketing detention and deportation rates of both undocumented immigrants and legal permanent residents, while narrowing parameters of legitimate social, economic, and political inclusion among many classes of immigrants (Menjívar, 2006; DeGenova, 2014; Boehm, 2016; Golash-Boza, 2016). Beyond growing institutionalization of this “crimmigration” phenomenon (Stumpf, 2006; García Hernández, 2015), the 2008 economic recession led to increased expression of anti-immigrant sentiment throughout the U.S. (Portes and Rumbaut, 2014).…”

Section: Introductionmentioning

confidence: 99%

Stratified citizenship, stratified health: Examining latinx legal status in the U.S. healthcare safety net

Natta

Burke

Yen

et al. 2019

Social Science & Medicine

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Our paper explores how legal status stratification shapes the health and health care of low-income patients with chronic illnesses in the U.S. healthcare safety net. Drawing on data from over two years of ethnographic fieldwork at urban safety-net clinics, we examine e fforts by Complex Care Management (CCM) teams to stabilize patients with uncontrolled chronic illnesses through primary care-integrated support. We show that stratified citizenship and geographic variability correspond to different possibilities for health care. We suggest an approach to immigration as a structural determinant of health that accounts for the complex, stratified, and changing nature of citizenship status. We also highlight how geographical differences and interactions among local, state, and federal policies support the notion that citizenship is stratified across multiple tiers with distinctive possibilities and constraints for health. While county-based health plans at each of the study sites include residents with varying legal status, lack of formal legal status remains a substantial obstacle to care. Many immigrants are unable to take full advantage of primary and specialty care, resulting in unnecessary morbidity and mortality. In some cases, patients have returned to their country of origin to die. While CCM teams provide an impressive level of support to assist immigrant patients in navigating healthcare and immigration bureaucracies, legal and geographic stratification limit their ability to address broader aspects of these patients’ social context.

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Section: Introductionmentioning

confidence: 99%

Stratified citizenship, stratified health: Examining latinx legal status in the U.S. healthcare safety net

Natta

Burke

Yen

et al. 2019

Social Science & Medicine

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“…In the 1990s and 2000s, the rise in migrant detention occurred during intense political struggles over migration, demographic change, “cultural denationalization,” “multiculturalism,” and “minority rights.” In the United States, policy advocates and activists drew on civil rights and human rights discourses when advocating for migrant rights. This framing of migration as a civil rights issue coincided with a punitive turn in migration and border controls (García Hernández, 2013, 2014; Macías Rojas, 2016). In the 1980s, the Reagan administration borrowed a detention policy from the Thai government that forcibly detained migrants who were bypassing refugee camps, migrating without official documents, and claiming asylum (Helton, 1986).…”

Section: Detentionmentioning

confidence: 99%

Minor keywords of political theory: Migration as a critical standpoint

Genova

Tazzioli

Aradau³

et al. 2021

Environment and Planning C: Politics and Space

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The concept of membership appears regularly in discussions of citizenship, and for this reason is indisputably a keyword in political theory, but membership remains sorely under-theorized. For related reasons, this concept likewise arises in work on borders, migration, and mobilities, more generally. Sometimes used interchangeably with citizenship or belonging -but also sometimes used in a discrepant manner to signal something more than the conventionally state-centric instantiations of these affiliated terms, including market-based practices that allow (or deny) access to employment, services, benefits, and other goods -membership is plainly a keyword that is overdue to receive more critical reflection and theoretical elaboration.Political theory has not neglected membership entirely. To take perhaps one of the most prominent exceptions, Michael Walzer has famously argued, "The primary good that we distribute to one another is membership in some human community" (1983:31). As a communitarian, Walzer contends that "community itself is a good … conceivably the most important good -that gets distributed. But it is a good that can only be distributed by taking people in … they must be physically admitted" (29). Likening countries that are "affluent and free" to elite universities, Walzer argues that membership is primarily a matter of deciding on an admission policy: "as citizens of such a country, we have to decide … What are the appropriate criteria for distributing membership?" He continues: "We who are already members do the choosing, in accordance with our own understanding of what membership means in our community and of what sort of community we want to have" (32). From this perspective, of

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“…Federal, state, and local immigrant policies have linked criminal law enforcement activities to immigration enforcement. IIRIRA established section 287(g) of the Immigration and Nationality Act to authorize state and local law enforcement agencies’ (eg, police, sheriff) direct cooperation with federal immigration authorities 21. As a result, local enforcement of criminal laws (eg, stops, arrests), can be the precursor to federal enforcement activities (eg, detention, deportation).…”

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confidence: 99%

“…These policies have blurred the lines between criminal law and immigration law enforcement and are described by legal and policy scholars as a system of “crimmigration.”22 This system has also been described as a “racial removal program” because it intends to control the migration of immigrants of color and enacts racialized local policing policies and practices 23. Under this system, immigrants may be directly affected by immigration enforcement, such as home or work raids, apprehensions, and deportations, as well as criminal law enforcement, such as policing, arrests, and sentencing 21. Beyond a “chilling effect,” immigrants’ direct experiences with these enforcement actions may influence their access to health care.…”

mentioning

confidence: 99%

Beyond “Chilling Effects”

et al. 2023

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Objectives: Immigration enforcement policies are associated with immigrants' barriers to health care. Current evidence suggests that enforcement creates a "chilling effect" in which immigrants avoid care due to fear of encountering enforcement. Yet, there has been little examination of the impact of immigrants' direct encounters with enforcement on health care access. We examined some of the first population-level data on Asian and Latinx immigrants' encounters with law and immigration enforcement and assessed associations with health care access.Methods: We analyzed the 2018 and 2019 Research on Immigrant Health and State Policy survey in which Asian and Latinx immigrants in California (n = 1681) reported on 7 enforcement experiences (eg, racial profiling and deportation). We examined the associations between measures of individual and cumulative enforcement experiences and the usual sources of care and delay in care.Results: Latinx, compared with Asian respondents, reported the highest levels of enforcement experiences. Almost all individual enforcement experiences were associated with delaying care for both groups. Each additional cumulative experience was associated with a delay in care for both groups (OR = 1.30, 95% CI 1.10-1.50). There were no associations with the usual source of care. Conclusion:Findings confirm that Latinx immigrants experience high levels of encounters with the enforcement system and highlight new data on Asian immigrants' enforcement encounters. Direct experiences with enforcement have a negative relationship with health care access. Findings have implications for health systems to address the needs of immigrants affected by enforcement and for changes to health and immigration policy to ensure immigrants' access to care.

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Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law

Cited by 4 publications

References 2 publications

Stratified citizenship, stratified health: Examining latinx legal status in the U.S. healthcare safety net

Stratified citizenship, stratified health: Examining latinx legal status in the U.S. healthcare safety net

Minor keywords of political theory: Migration as a critical standpoint

Beyond “Chilling Effects”

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