Race, criminalization, and embedded discrimination in immigration court

an article by Michelle VanNatta (Dominican University, River Forest, Illinois, USA) published in Safer Communities Volume 18 Issue 3/4 (2019)

Abstract

Purpose
As the US criminal justice system and immigration system increasingly interconnect, even immigration policy that is facially race-neutral may involve biased practices. The purpose of this paper is to examine how institutional racism in criminal legal processes creates particular barriers for many individuals of Latin American and/or African descent facing deportation proceedings in US immigration courts, particularly in assertions regarding gang affiliation.

Design/methodology/approach
This research is based on ethnographic observation. The work utilized a grounded theory approach. The observation took place at public master calendar hearings at a Midwestern immigration court between 2013 and 2015, yielding over 400 pages of fieldnotes that were coded and analyzed for patterns.

Findings
Non-citizens in the USA, including lawful permanent residents, are subject to deportation if labeled “criminal.” Racial profiling and criminalization of communities of color create heightened risk of deportation. Assumptions that common tattoos or urban fashion indicate criminality, reliance on Facebook posts to “prove” gang membership, and the use of arrest records as evidence of criminality even if charges were dropped all put immigrants of Latin American and/or African descent at heightened risk.

Research limitations/implications
The ethnographic method used has strong validity but weaker reliability and generalizability.

Practical implications
This paper can help analysts, policymakers and advocates consider how to adapt systems to increase equity.

Originality/value
This research provides direct examples and ethnographic evidence of how race and cultural bias in criminal legal processes and immigration policies can affect people in deportation proceedings.

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