Immigration Articles of the Day: Detention as Deterrence and Understanding Immigration Detention: Causes, Conditions, and Consequences by Emily Ryo

Detention as Deterrence by Emily Ryo, Stanford Law Review, Vol. 71, 2019

Abstract

Over the past few decades, the federal government has justified the use of immigration detention on the basis that it deters unauthorized migration. Simply put, the idea is that detention will send a message that harsh consequences await apprehended migrants, and that such a message will discourage individuals from undertaking the journey to seek entry into the United States. This Essay applies insights from research on deterrence effects of criminal law to explain why immigration detention is unlikely to produce the intended behavioral effects that some policymakers desire. Specifically, I explore three hurdles to achieving deterrence through immigration law: the legal knowledge hurdle, the rational choice hurdle, and the perceived net cost hurdle. I conclude by discussing key questions that detention-as-deterrence policy raises for future research and policy in this area.

Understanding Immigration Detention: Causes, Conditions, and Consequences Annual Review of Law and Social Science by Emily Ryo, Annual Review of Law and Social Science, Vol. 15 (2019)

Abstract

During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States–Mexico border. The ensuing media storm generated unprecedented public awareness about immigration detention. The recency of this public attention belies a long-standing immigration enforcement practice that has generated a growing body of research in the past couple of decades. I take stock of this research, focusing on the causes, conditions, and consequences of immigration detention in the United States. I also discuss critical tasks for future research, including (a) examining the role of local governments, the private prison industry, and decision makers responsible for release decisions in maintaining the detention system; (b) extending the field of inquiry to less-visible detainee populations and detention facility guards and staff, for a fuller understanding of detention conditions; and (c) investigating not only direct but also indirect consequences of detention.

KJ