Dreams Deterred: The Collateral Consequences of Localized Immigration Policies on Undocumented Latinos in Colorado

Recent years have seen a broadening of the scope of immigration enforcement. As a result, immigrants free of criminal convictions, once considered low priorities for enforcement, are increasingly subject to arrest, detention, and removal. At the same time, federal immigration authorities have sought the cooperation of states and localities in the enforcement of immigration laws. While there has been growing scholarly attention paid to the ways in which legal geographies can account for variation in local immigration policies, the long‐term effects of these policies on immigrants themselves are often overlooked. In this article, we use the case of Colorado, one of the first states to pass a “show‐me‐your‐papers” law in 2006, and data from two qualitative studies to highlight the collateral consequences of enhanced immigration enforcement on immigrants’ economic opportunities, emotional health and well‐being, and academic trajectories. We situate our analysis within the crimmigration literature and discuss the implications of our findings in light of the current political climate.     

A portrait of county sheriffs in the United States

A survey of county sheriffs in the United States was conducted in late Spring, 1983 (N=1526). The survey found county sheriffs to be basically a group of fairly professional law enforcement officials leavened by an influx of new amateurs. The sheriffs averaged over ten years experience in law enforcement along with an average of six years service as sheriff. Over half the sheriffs had prior service in the department they now head. In addition, they reported a wide variety of training experiences along with a number of assignments across the spectrum of law enforcement and corrections activities. Nearly twelve percent of the sheriffs report that they had relatives who had served as county sheriff before their tenure. These familial ties combined with the essentially local character of the office make county sheriffs a difficult institution to reform and individual sheriffs fairly independent of outsiders.     

Policy Innovation or Vertical Integration? A View of Immigration Federalism from the States

Since 2005, state legislatures have passed hundreds of immigration bills, and state officials have argued that their efforts attempt to solve immigration crises caused by federal inaction. The state–federal clash over immigration seems to confirm scholarship suggesting deepening lines of conflict in the federal system since the 1990s. The question remains, however, whether this explosion in state immigration laws signifies a move by states to tailor their own solutions to immigration issues. This article explores whether states are serving as laboratories of innovation for immigration policy. The study analyzes over five hundred immigration bills passed between January 2006 and December 2008, and engages in a comparative analysis of three immigration policy areas (immigration law enforcement, employment regulations, and drivers' licenses) where there exist varying degrees of state autonomy from national policy and thus distinctive possibilities for states to offer creative approaches to immigration issues. The findings suggest little evidence of policy innovation at the state level, although a handful of states are challenging federal supremacy in immigration matters.     

Civil Asset Forfeiture Laws and Equitable Sharing Activity by the Police

Research Summary

For several decades, critics have argued that civil forfeiture laws create incentives for law enforcement to increase departmental revenue by “policing for profit.” By using data on federal equitable sharing payments to nearly 600 local law enforcement agencies between 2000 and 2012, we examine the relationship between the characteristics of state forfeiture laws and equitable sharing payments to local agencies. Our results indicate that agencies in states with state laws that are more restrictive or less rewarding to police collect more in federal equitable sharing. This finding supports the critics’ argument that police behavior in regard to forfeiture activities is influenced by the financial rewards and burdens involved.

Policy Implications

Our results reveal that the findings of investigative journalism and case study research, that is, that police forfeiture activities are influenced by financial rewards, may be more generalizable to law enforcement than previously thought. Despite recent state‐level reforms, federal equitable sharing and most state forfeiture laws provide limited due process protections and have minimal accountability or reporting requirements. Concerns about the impact of civil forfeiture practices on perceptions of procedural justice and police legitimacy are discussed, and possible policy reforms are reviewed.     

‘The biggest gang in Oakland’: re-thinking police legitimacy

Literature defining ‘police legitimacy’ lacks qualitative research on those populations most often targeted by law enforcement agencies, including people of color in urban areas. This same literature defines police legitimacy as something unquestionable and automatic. Exploration of this concept is limited to strategies to increase public ‘trust’ in police, and public compliance to their authority. We address these limitations in the available scholarship through an analysis of interviews with a diverse sample of Oakland (CA) residents on their experiences with the Oakland Police Department (OPD). Their narratives are presented in the historical context of controversy, budget problems, federal investigations, and racialized violence that help to define the relationship between OPD and Oakland communities. Those interviewed, universally observed OPD’s failure to address the most common crime problems in the city, while others, particularly people of color, found them to be a personal or public threat to safety. Their narratives fly in the face of the manifest functions of municipal police forces, are fully supported by the contemporary empirical history of the OPD, and suggest the illegitimate authority – including the monopoly on the use of force – of organizations like OPD in a democratic society.     

Police Body-Worn Cameras: Perceptions of Law Enforcement Leadership

Many people are enthusiastic about the potential benefits of police body-worn cameras (BWC). Despite this enthusiasm, however, there has been no research on law enforcement command staff perceptions of BWCs. Given the importance that law enforcement leadership plays in the decision to adopt and implement BWCs, it is necessary to assess their perceptions. This is the first study to measure law enforcement leadership attitudes toward BWCs. The study relies on data collected from surveys administered to command staff representing local, state and federal law enforcement agencies in a large southern county. Among the major perceptual findings are that command staff believe BWCs will impact police officers’ decisions to use force in encounters with citizens and police will be more reluctant to use necessary force in encounters with the public. Respondents also believe that use of BWCs is supported by the public because society does not trust police, media will use BWC data to embarrass police, and pressure to implement BWCs comes from the media. Perceptions of the impact of BWCs on safety, privacy, and police effectiveness are also discussed.     

Expanding Geographies of Deportability: How Immigration Enforcement at the Local Level Affects Undocumented and Mixed‐Status Families

This article examines the impact of policies and programs that have expanded immigration enforcement from the federal to the local level. Drawing from in‐depth interviews with over sixty individuals who are members of undocumented or mixed‐status families, I discuss how these initiatives have extended the geography of deportability from traditional sites that focus explicitly on immigration enforcement (e.g., the US–Mexico border) to more nontraditional sites in the public sphere (e.g., driving under the influence checkpoints or grocery stores). I demonstrate how this intensification of enforcement strains undocumented immigrants’ resources as well as their participation in school, work, and their communities.     

Civil asset forfeiture, equitable sharing, and policing for profit in the United States

Purpose

Critics of asset forfeiture claim that forfeiture laws create financial incentives that inappropriately influence police behavior. The present study examines the relationship between measures of the financial incentive and legal burdens for civil asset forfeiture on federal equitable sharing payments to local law enforcement to determine whether police behavior is affected by different statutory incentives for forfeiture activity.

Methods

Using LEMAS and DOJ forfeiture data, this study addresses some of the limitations of previous research by using a multi-year average for forfeiture activity, an improved measure of financial incentives for law enforcement, and multiple measures of statutory burdens to law enforcement to determine the impact of forfeiture laws on forfeiture activity.

Results

Consistent with anecdotal reports and limited prior research, findings indicate that agencies in jurisdictions with more restrictive state forfeiture laws receive more proceeds through federal equitable sharing.

Conclusions

Results suggest that state and local law enforcement agencies use federal equitable sharing to circumvent their own state forfeiture laws when state laws are more burdensome or less financially rewarding to these agencies, providing additional evidence that police operations are influenced by financial incentives.     

The impact of new immigration patterns on the provision of police services in midwestern communities

This was the first study to investigate the effect of new immigration patterns on police-community relations in small midwestern communities impacted by the development of a large food processing plant and subsequent addition of a large Hispanic population. Using a case study approach, multiple sources of data were collected from law enforcement agencies, community/government leaders, and residents in three rural Missouri communities. The findings revealed that the language barrier was the greatest challenge affecting the development of a police-Hispanic community relationship. Fear of the police, immigration issues, and the nature of contacts between the police and the Latino community also had a significant impact on the relationship.     

From Sheriff's Deputies to Immigration Officers: Screening Immigrant Status in a Tennessee Jail

This article contributes to emerging literature documenting the devolution of immigration enforcement authority by focusing on the implementation of the 287(g) program in Davidson County, Tennessee. It outlines how deputized immigration officers do their work as well as the ways they come to think about their roles in the larger immigration bureaucracy. Immigration officers see themselves as objective administrators whose primary responsibilities are to identify and process immigrants for removal, but who are not responsible for their subsequent deportation. While immigration officers never waiver about their obligation to uphold the rule of law, alternate narratives emerge depending on how they feel about the immigrants they encounter. These frames range from pride at identifying “criminal aliens” to guilt for processing immigrants who had been arrested for very minor violations. Ultimately, this work shows deputized immigration officers act as extensions of the federal government rather than as independent agents.     

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.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

试论“劝告式”执法与构建城市和谐交通——以湖州市为例

如何构建城市和谐交通，是以罚治路还是依法治路？对交通违法行为是单纯的“严罚”，还是宽严相济？是动不动就“罚款”，还是有所区分，辅之于教育？在交通管理中如何全面落实科学发展观和为构建和谐社会作出努力？湖州交警正是基于这些问题的思考，勇于创新，在交通管理实践中推出了针对轻微交通违法行为的“劝告式”执法．这是湖州交警为构建城市和谐交通的一种创新实践。“劝告式”执法的推出给我们的启示是：要构建和谐交通，必须要解放思想、转变观念；必须实施政务公开制度；必须牢固树立“执法为民”的宗旨。     

On the Social Foundations for Crimmigration: Latino Threat and Support for Expanded Police Powers

Objectives

Because of the merging of immigration control and criminal justice, or “crimmigration,” state and local police increasingly drive interior immigration enforcement through the routine policing of crime. At the same time, growing evidence indicates that immigration is an ethnicity-coded issue that allows for the veiled expression of broader anti-Latino sentiments. Yet little research has examined whether public perceptions of either immigrants or Latinos influence support for police policies and practices that, in the context of crimmigration, may significantly shape immigration enforcement and, more broadly, may contribute to the subordination of Latinos. The current study addresses this research question.

Methods

The study draws on data from a recent nationally representative telephone survey and employs multivariate regression methods to evaluate whether perceptions of Latino economic and political threat are associated with support for granting police greater latitude in stopping, searching, and using force against suspects.

Results

This study provides the first evidence that, at least among Whites, perceived Latino threat is positively associated with support for expanding police investigative powers, especially the power to stop suspects based only on the way they look.

Conclusions

The results suggest that by increasing public support for aggressive policing, or, at minimum, by reducing opposition to discriminatory social controls such as police profiling, Latino threat perceptions may increase the political attractiveness and viability of crimmigration as a “solution” to the “Latino problem.”

     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

‘Disband,Disempower, and Disarm’: Amplifying the Theory and Practice of Police Abolition

Critical criminologists have challenged the utility of efforts to reform the criminal justice system for decades, including strong calls to abolish the prison system. More recently, the rebellions in Ferguson, Baltimore, Milwaukee, and Charlotte have made racialized police violence and police reform issues of national concern. In this article, we examine abolitionist claims aimed at law enforcement institutions in the aftermath of Ferguson and other subsequent rebellions. We consider the implications for abolitionist organizing when the institution of law enforcement, rather than prisons, becomes the explicit target of our movement(s). How are groups theorizing and practicing police abolition and how does this align with, challenge, or expand past conceptualizations of abolition? To answer this question, first we sketch the broad parameters of abolitionist thought, particularly as it is taken up in the disciplines of political theory and criminology. Second, we analyze an emergent praxis of police abolition that revolves around the call to disband, disempower, and disarm law enforcement institutions. We argue that by attacking the police as an institution, by challenging its very right to exist, the contemporary abolitionist movement contains the potential to radically transform society. In this spirit, we amplify abolitionist praxis that (1) aims directly at the police as an institution, (2) seeks to dismantle the racial capitalist order, (3) adopts uncompromising positions that resist liberal attempts at co-optation, incorporation, and/or reconciliation, and (4) creates alterative democratic spaces that directly challenge the legitimacy of the police.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.     

Undetected opiate use: A comparison of official drug user files and a private methadone clinic's patient records

To address the question of the extent of undetected opiate use and the characteristics of this user-population, a research study was undertaken comparing a random sample of ‘walk-in’ patients from a private methadone treatment clinic to police intelligence files on drug-users in a major eastern U.S. city. An independent law enforcement agency substantiated the accuracy of the police files, and the treatment agency had procedures which verified the addiction of the patients. The result of the comparison of these two information sources disclosed that: (1) 51.8 percent of the patients were unknown to the law enforcement authorities; (2) a higher percentage of blacks were unknown than whites, and (3) seventy percent of the addicts under thirty years of age were not known to the police as drug users. These findings tend to discount official estimates of addiction rates often based on law enforcement records, and suggest some interesting treatment methods and research questions.     

Traffic Stops in the Pacific Northwest

ABSTRACT

This study examines the distribution of police traffic warning citations in a large northwestern city. Warning tickets were instituted to document the exercise of police discretion in the disposition of traffic stops. The paper tests three competing hypotheses about how these citations are distributed: law enforcement, traffic enforcement, and group threat. The findings show greater support for the group threat explanation. African Americans were disproportionately ticketed in the more affluent areas of the city with a higher per capita income and a higher percentage of home ownership. The data also demonstrated that traffic officers were more active than patrol officers in predominately white beats while patrol officers concentrated more on African American and Asian areas of the city.     

Citizens' perceptions of aggressive traffic enforcement strategies

In this study we examine citizens' support for aggressive traffic enforcement strategies and discuss whether the implementation of two different types of traffic enforcement decreases public support. We also examine whether citizens' perceptions of crime, quality of life, and the police are influenced by an increased police presence in their neighborhood. The public opinion data presented here are taken from two experimental target areas and one comparison area. Overall the findings suggest that citizens strongly support aggressive traffic enforcement practices and that the implementation of such strategies does not reduce their support. Residents of areas where police are using these types of tactics do not think that the police are harassing them. Citizens living in one of the experimental areas are significantly more likely to support the police, and think that the police work well with the neighborhood. Residents of the areas that experienced two types of aggressive enforcement, however, did not think that crime had decreased, nor that quality of life had improved. We discuss implications for the use of these strategies and for community policing in general.