浅谈我国外来非法移民问题

在全球化的时代背景下,随着我国改革开放政策的实施和经济的快速发展,我国的外来非法移民问题已然日益严重,外来非法移民问题严重影响了我国的国家安全和社会稳定,造成了诸多危害,本文将从非法移民的界定、我国非法移民的现状、产生原因、造成危害等方面进行阐述,进而提出治理我国外来非法移民问题的建议.     

美国非法移民治理政策及对我国的启示——以越南非法移民问题为例

随着全球化进程的加速,非法移民也已经成为一个全球性的问题.近年来我国逐渐成为非法移民的目标国,外来非法移民问题日益严峻,加强对我国入境非法移民的治理已刻不容缓.美国等移民大国在非法移民治理上的历史经验和法律政策,在实践上对我国有着巨大的启示作用.我国应借鉴其非法移民治理经验及教训,结合我国具体国情从多角度完善我国的非法移民治理政策,有效打击我国外来非法移民现象.     

欧盟与美国对非法移民的治理比较

欧盟和美国是当代非法移民的主要目的地。鉴于巨大的压力，它们一贯重视非法移民的治理问题。通过对定义、甄别、堵截和遣返的比较可知，欧盟与美国既有不同点，也有相似点。不同点说明：欧盟出现危机既源于成员国权利与义务的不平衡，也因为非法移民无法得到原籍国或第三国的及时接收。不同点也在一定程度上反映出欧盟作为国际组织的固有缺陷和地理位置的先天劣势。两者的相似点对我国具有启发意义。一方面，我国应当进一步明确和完善非法移民的法律概念；另一方面，应当在完善遣返程序的同时，丰富庇护的形式。     

非法移民问题的国际法思考

非法移民问题被称为是当今世界各国面临的一道难题,如何从国际法的角度对其进行有效控制和防范对国际法提出了严峻的挑战。本文以国际法为视角,对非法移民的概念和国际层面的危害进行了简单的分析,并在分析联合国所建立的控制非法移民的国际法律制度的基础上,提出了完善非法移民国际立法及其实施机制的若干建议。     

我国西北沙尘暴地区生态移民研究

本文从对生态移民概念的界定入手,系统阐述了生态移民与我国西北经济可持续发展的关系,分析了我国西北典型的沙尘暴地区生态移民形成的环境因素和社会因素以及特征,在此基础上阐述了西北地区生态移民的正负效应。     

移民黑幕

2011年6月25日．加拿大新布伦瑞克省（简称NB省）发布紧急通告：因为NB省移民局局长等移民局官员勾结中国移民机构贪污腐败,涉嫌买卖NB省投资移民配额,导致大量中国贪官和罪犯非法移民NB省,决定无限期暂停受理和发放中国移民NB省的申请。之前已经获得NB省签证的中国移民不能登陆加拿大,因为签证已经取消。而且,NB省还将对已经移民NB省的中国移民资格重新审查,一旦发现有行贿移民局官员的行为,将会被全部遣返!     

美科罗拉多州立法削减成年非法移民福利

美国科罗拉多州议会2006年7月11日通过了一项针对非法移民的法案。此项法案将限制18岁以上的非法移民获得“非紧急救援性质的”社会福利，如拥有合法身份才能享有的为低收入者而设的粮食券、社会安全生活补助金和医疗补助等。该法案实施后，非法移民还能保有公共教育、紧急医疗服务和产前护理等权益，因为这些权益是联邦法律规定所有民众都应享有的。     

论三峡库区移民弱势群体及其法律保护

随着三峡库区二期移民工程的结束和三、四期移民工程的有序开展 ,移民弱势群体及其问题日益凸现 ,基于社会公正和三峡库区可持续发展的价值理念 ,国家和社会应对移民弱势群体给予高度的关注和保护。文章在法律的视野内集中论述了移民弱势群体的界定及其构成 ,着力于分析保护移民弱势群体的法理依据 ,并以此寻求保护移民弱势群体的法律路径和措施。     

三峡移民社会融入研究综述

移民社会融入是国内外学者共同关注的内容。三峡移民在安置地的稳定与健康发展是整个三峡工程的重中之重。本文通过对国外的移民社会融入的概念进行界定,对国内有关三峡移民社会融入的研究进行归类总结,并对其作简要评述。     

我国非法移民待遣羁押制度的审视与思考

为确保非法移民强制遣返实施,我国法律规定不能立即遣返的对象应当羁押于特定场所。由于非法移民数量不断增长和治理问题的复杂化,待遣羁押措施的内涵与应用在行政执法中被进一步扩张,亟需体系性地建设待遣羁押制度,根据适用对象的构成特点,丰富待遣手段,进一步完善移交衔接和司法救济。欧盟以遣返指令为基础,指导成员国构建了较为完善的移民羁押制度,其适用范围、生效条件、执行程序等设计具有一定启发意义,可以为我国非法移民待遣羁押制度完善提供参考,尤其从中借鉴规避任意羁押、滥用羁押争议的技术处理。     

Race,Immigration, and Policing: Chinese Immigrants’ Satisfaction with Police

A considerable body of research focuses on racial and ethnic minorities’ perceptions of police, yet non-Black, non-Hispanic minority groups, Asians in particular, are largely overlooked. Meanwhile, despite a fast growing immigrant population and the increasing demand on local police to enforce immigration law, research on police–immigrant relations remains limited. Using data from over 400 Chinese immigrants, this study examines the issues of race/ethnicity, immigration, and policing with a focal concern on Chinese immigrants’ attitudes toward police. Results indicate that the majority of Chinese immigrants rate police positively in overall performance and specific areas of effectiveness, integrity, and demeanor. Both universal and immigrant-specific factors are important predictors of immigrants’ attitudes. Chinese immigrants’ evaluations of police are not only affected by exposure to media coverage of police misconduct, neighborhood conditions, and city context, but also are intertwined with their opinions of their home country police and perceptions of US immigration authorities.     

The Social Construction of Illegality and Criminality

In this article illegal immigrants, a relatively new group of immigrants living at the margins of society, are discussed. The question of the significance of crime for groups that are officially excluded from the formal labour market and public provisions, is presented within the framework of the Unknown City research project, conducted in the four largest Dutch cities (interviews with illegal immigrants; an ethnographic study to determine the extent of support by various ethnic communities; and an examination of the ways in which the restrictive policies towards illegal immigrants were implemented by the police, the Aliens Departments, and by professionals within public or semi-public institutions in the fields of education, healthcare and housing). Both the relatively limited involvement in crime in general and the differences between groups can be explained by the embeddedness of illegal immigrants in the labour sphere and the support by ethnic communities. Attention is paid to the social and legal construction of the illegal immigrant through new legislation and to the observation that illegality is increasingly linked to crime. The majority of illegal immigrants are not criminally active. One exception is the category that is active in the lower levels of the hard drug trade. The authors' analysis suggests that the perception of the criminal illegal immigrant first and foremost reflects the division between wanted and unwanted immigrants, which is the result of the shift towards a restrictive policy.     

Sufren Los Niños: Exploring the Impact of Unauthorized Immigration Status on Children's Well‐Being

The present study examines the effect of unauthorized immigration status on child well‐being at a time of elevated immigration rates, economic decline, and unprecedented local lawmaking related to immigration. Immigrant families today are likely to differ from those of the past in that they are more likely to be from Latin America or the Caribbean and include unprecedented numbers of unauthorized immigrants. In addition, they are settling in destinations that have not historically had immigrant populations. The present study draws on interviews with 40 families from an emerging immigrant destination in north central Indiana to help illuminate the ways in which unauthorized immigration status influences child well‐being. Results illustrate that unauthorized status extends beyond the individual to families and that mixed‐status family situations create unique challenges for these families. More specifically, these results show the ways in which unauthorized immigrant status may impact family stress and uncertainty, health outcomes, and educational attainment and may result in increased social isolation for children in immigrant families.

Key Points for the Family Court Community:
• Unauthorized immigration status is typically defined as an individual characteristics, however there are likely to be large numbers of families with authorized and unauthorized status family members. These “mixed‐status families” create unique challenges for families and children.
• This article informs practitioners about the ways in which recent state policies targeting unauthorized immigrants, in addition to existing federal policy, create barriers and negatively impact child and family well‐being for Latino immigrants, regardless individual immigration status.
• Unauthorized immigration status may impact family stress and uncertainty, health outcomes, educational attainment, and may result in increased social isolation for children in immigrant families.

     

Assessing the Relationship between Immigration Status and Drug Use

The immigration–crime connection has been the basis for numerous immigration policy decisions. However, there are theoretical arguments and empirical evidence both for and against the positive relationship between immigration and crime. Moreover, much of this research has failed to focus specifically on illegal immigrants. The current study examines drug use patterns among 3,050 recently booked arrestees in Maricopa County, Arizona, from April 2007 to September 2008. Using logistic regression, the authors isolate the effects of immigration status on several types of drug use while controlling for relevant individual and situational characteristics. Findings show that illegal immigrants are generally less likely to use drugs when compared to US citizens, with the exception of powder cocaine use. The paper concludes with a discussion of the study's implications for the larger body of research on immigration and crime, as well for immigration and enforcement policy and practice.     

北美投资移民立法之启迪

各国制定移民法的宗旨为：通过立法对移民的规模、构成、素质以及经济能力进行调控，以达到为本国政治、经济和安全各项利益服务的目的。因此，各国移民法的共同特点是在体现迁徙自由和人道主义的国际法原则下，以最低成本吸引他国专业技术人才和资本，从而促进本国社会和经济的发展。其中，近年以美国、加拿大及其魁北克省为代表的投资移民立法就是这种趋势的典型反映。因此，笔者拟就北美国家关于投资移民的立法进行比较评析，同时研讨中国关于投资移民立法的前景。     

REASSESSING THE BREADTH OF THE PROTECTIVE BENEFIT OF IMMIGRANT NEIGHBORHOODS: A MULTILEVEL ANALYSIS OF VIOLENCE RISK BY RACE,ETHNICITY, AND LABOR MARKET STRATIFICATION*

Researchers in the United States have increasingly recognized that immigration reduces crime, but it remains unresolved whether this applies to people of different racial–ethnic and economic backgrounds. By using the 2008–2012 area‐identified National Crime Victimization Survey (NCVS), we evaluate the effect of neighborhood immigrant concentration on individual violence risk across race/ethnicity and labor market stratification factors in areas with different histories of immigration. The results of our analysis reveal three key patterns. First, we find a consistent protective role of immigrant concentration that is not weakened by low education, low income, unemployment, or labor market competition. Therefore, even economically disadvantaged people enjoy the crime‐reduction benefit of immigration. Second, we find support for threshold models that predict a nonlinear, stronger protective role of immigrant concentration on violence at higher levels of immigrant concentration. The protective function of immigration also is higher in areas of longer histories of immigration. Third, compared with Blacks and Whites, Latinos receive a greater violence‐reduction benefit of immigrant concentration possibly because they live in closer proximity with immigrants and share common sociocultural features. Nevertheless, immigrant concentration yields a diminishing return in reducing Latino victimization as immigrants approach a near‐majority of neighborhood residents. The implications of these results are discussed.     

‘Are the ‘others’ coming?’: Evidence on ‘alien conspiracy’ from three illegal markets in Greece

In the early 1990s Greece accepted a large number of immigrants from a variety of contexts. Since then ‘organised criminality’ has become an important aspect of the immigration nexus in the country, and ethnicity has been viewed as an extremely important-if not the primary–explanatory variable. Simultaneously, there has been very little empirical research on ‘organised crime’ in Greece in general and ‘organised crime’ and ethnicity in particular. The purpose of this article, which is based on previous research that the author has conducted on three illegal markets in Greece (a. migrant smuggling business, b. the cigarette black market, and c. the market of stolen cars and car parts), is to show the extent to which these illegal markets are controlled by foreign nationals, and establish whether there is such thing as an ‘alien conspiracy’ in the particular country.     

Different than the Sum of Its Parts: Examining the Unique Impacts of Immigrant Groups on Neighborhood Crime Rates

Objectives

Examining the immigration-crime nexus across neighborhoods in the Southern California metropolitan region, this study builds on existing literature by unpacking immigration and accounting for the rich diversity that exists between immigrant groups.

Methods

Using data from a variety of sources, we capture this diversity with three different approaches, operationalizing immigrant groups by similar racial/ethnic categories, areas or regions of the world that immigrants emigrate from, and where immigrants co-locate once they settle in the U.S. We also account for the heterogeneity of immigrant populations by constructing measures of immigrant heterogeneity based on each of these classifications. We compare these novel approaches with the standard approach, which combines immigrants together through a single measure of percent foreign born.

Results

The results reveal that considerable insights are gained by distinguishing between diverse groups of immigrants. In particular, we find that all three strategies explained neighborhood crime levels better than the traditional approach.

Conclusion

The findings underscore the necessity of disaggregating immigrant groups when exploring the immigration-crime relationship.

     

IMMIGRATION AND THE RECENT VIOLENT CRIME DROP IN THE UNITED STATES: A POOLED,CROSS‐SECTIONAL TIME‐SERIES ANALYSIS OF METROPOLITAN AREAS*

A good deal of research in recent years has revisited the relationship between immigration and violent crime. Various scholars have suggested that, contrary to the claims of the classic Chicago School, large immigrant populations might be associated with lower rather than higher rates of criminal violence. A limitation of the research in this area is that it has been based largely on cross‐sectional analyses for a restricted range of geographic areas. Using time‐series techniques and annual data for metropolitan areas over the 1994–2004 period, we assess the impact of changes in immigration on changes in violent crime rates. The findings of multivariate analyses indicate that violent crime rates tended to decrease as metropolitan areas experienced gains in their concentration of immigrants. This inverse relationship is especially robust for the offense of robbery. Overall, our results support the hypothesis that the broad reductions in violent crime during recent years are partially attributable to increases in immigration.     

Immigration effects on crime in a midwestern,nontraditional destination: a neighborhood-level analysis of Cincinnati,Ohio

Abstract

A wide-ranging body of research on the immigration-crime relationship has shown that immigration does not increase community crime levels. However, most prior studies have focused on traditional immigrant destinations or border cities. This study addresses several gaps in this line of research by exploring immigration effects on neighborhood levels of Violent and Property Index crimes for the 2008 to 2014 period in Cincinnati, Ohio – a Midwestern, mid-sized, nontraditional immigrant destination. Overall, our findings are consistent with previous research and indicate that controlling for other factors, the percent foreign-born has largely neutral effects on census tract-level crime rates in Cincinnati. Moreover, our findings show no signs of indirect effects of immigration on crime through neighborhood disadvantage.