Rights, Deportation, and Detention in the Age of Immigration Control Rights, Deportation, and Detention in the Age of Immigration Control Tom K. Wong Stanford University Press Stanford, California Stanford University Press Stanford, California © 2015 by the Board of Trustees of the Leland Stanford Junior University. All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or in any information storage or retrieval system without the prior written permission of Stanford University Press. Printed in the United States of America on acid-free, archival-quality paper Library of Congress Cataloging-in-Publication Data Wong, Tom K., author. Rights, deportation, and detention in the age of immigration control / Tom K. Wong. pages cm Includes bibliographical references and index. isbn 978-0-8047-9306-3 (cloth : alk. paper) isbn 978-0-8047-9457-2 (electronic) 1. Emigration and immigration—Government policy. 2. Emigration and immigration law. 3. Immigrants—Civil rights. 4. Deportation. 5. Alien detention centers. I. Title. jv6271.w66 2015 325—dc23 2014038930 Typeset by Newgen in 10/14 Minion For Rose, Soul, Pace, and Ever Contents List of Figures and Tables ix List of Selected Abbreviations xiii Acknowledgments xvii 1 Immigration Control in the Age of Migration 1 2 Human Rights and Immigration Control Wrongs 27 3 Deportation Nations 65 4 The Labyrinth of Immigration Detention 109 5 An Effective Deterrent or Smoke and Mirrors? 144 6 Conclusion: Migrants, Agency, and the Future of Immigration Control 166 Appendix 1: Methodological Notes in the Analysis of Ratification of the ICRMW 175 Appendix 2: Methodological Notes in the Analysis of Deportations 179 Appendix 3: Methodological Notes in the Analysis of Immigration Detention 187 Appendix 4: Methodological Notes in the Analysis of the Impact of Immigration Control 189 S N L vii vii viii Contents Notes 193 Bibliography 199 Index 225 S N L viii Figures and Tables Figures 1 .1 Annual immigration to the United States and European Union, 2000–2011 14 2 .1 Rate of ratification for the core UN human rights treaties 36 2 .2 Immigration and the predicted probability of ratifying the ICRMW 59 2 .3 Relationship between ratification of the ICRMW and remittances 60 2 .4 Immigration, the ICRMW global rate of ratification, and the predicted probability of ratifying the ICRMW 63 3 .1 U.S. share of total deportations across Western immigrant- receiving democracies, 2000–2009 85 3 .2 Comparing deportations across the United States and European Union, 2000–2009 86 3 .3 Immigration-to-deportation ratio, 2000–2009 87 3 .4 Comparing the immigration-to-deportation ratio across the United States and European Union, 2000–2009 88 3 .5 Immigration-to-deportation ratio by country 89 3 .6 Deportation per total population by country 90 3 .7 The politics of immigration control 98 S N L ix ix