Migrating to Prison: America's Obsession with Locking Up Immigrants

by César Cuauhtémoc García Hernández, Timothy Andrés Pabon (Reading)

For most of America's history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. As a result, almost 400,000 people annually now spend some time locked up pending the result of a civil or criminal immigration proceeding. In Migrating to Prison, leading scholar César Cuauhtémoc García Hernández takes a hard look at the immigration prison system's origins, how it currently operates, and why. He tackles the emergence of immigration imprisonment in the mid-1980s, with enforcement resources deployed disproportionately against Latinos, and he looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Interspersed with powerful stories of people caught up in the immigration imprisonment industry, including children who have spent most of their lives in immigrant detention, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of the United States: who belongs and on what criteria is that determination made?

Genres: Nonfiction, Politics, Race, Social Issues, Social Justice, Law, History

Audio CD

First published December 3, 2019

Reviews

[Amanda Sola · Rating 3 out of 5]

This was a well organized introduction into immigration in the US. This is such a complicated system with an inconsistent history, that it would take a much longer book to really dig deep into each issue, but the Garcia Hernandez does a great job in organization that would easily allow readers wanting to know more to research each overarching issue. I appreciate that the author went into the history of immigration laws, because this is important to understanding how we got to where we are today. Most importantly, the author kept the humanity of the issue a prominent issue throughout, repeatedly reminding readers that we are talking about human beings. I also love any non-fiction that mentions Angela Davis.

I will leave you with a quote regarding the Constitution's dignity principle: "they can be imprisoned, but they can't be denied their humanity."

[Tonstant Weader · Rating 5 out of 5]

Migrating to Prison traces American’s predilection for locking up immigrants. It didn’t start with Trump and it didn’t start with Obama. In fact, even the famed Ellis Island entry included a detention center. However, we are locking up more people for longer for more specious reasons than ever before. How has this happened?

The first part of the book focuses on the history of immigration laws and detention. None of it is terribly surprising. We have always worked to restrict immigration from nonwhite countries.

However, while detention was always a possibility, today’s explosion of immigrant detention is unprecedented. It’s all about politics and money. Demagoguery about outsiders is an effective way to attract supporters. People like simple explanations that blame other people, the more “other” the better. When politicians seek power through hate and couple that with the profit motive of private detention of immigrants, there is trouble.

He also discusses the lack of second chances for immigrants. People lose any path to citizenship for even slight infractions such as having a joint or driving without a license and can be put on the path to deportation. He discusses the case of Garcia Zarate whose indictment for the shooting of Kate Steinle was demagogued by Republicans even though in the end, the jury acquitted him, but not before Boehner’s House passed Kate’s Law. It died in the Senate. Prison is the first resort for immigrants with even misdemeanor offenses, justified as necessary for public safety.

And yes, the money. It’s not just the donations from private contractors, it’s the communities whose main industry is a prison. Closing a prison means lost jobs, people moving away, and lost government funding. Prisoners count in the census which determines representation in state and federal government and the share of state and federal support communities garner. When a prison is in danger of closing, the townspeople and their reps rush to defend and protect its existence. Locking up migrants is particularly profitable because the cost is born solely by the federal government, no local and state money is kicked in.

Migrating to Prison is an important book. Immigration is a deeply polarizing issue and was the linchpin to Trump’s election. The book is well organized and full of personal stories that should shock the conscience. Best of all, García Hernández has more comprehensive suggestions to reform the system than repeal Citizens United. He knows that abolition requires a sea change in our attitudes, but provides examples of several programs that have worked in the past to prove that immigrants do not need to be detained in order to show up for hearings nor is it necessary to protect public safety.

I received an e-galley of Migrating to Prison from the publisher through NetGalley.

Migrating to Prison at The New Press
César Cuauhtémoc García Hernández family page
Article by the author in Time Magazine

https://tonstantweaderreviews.wordpre...

[Elizabeth☮ · Rating 3 out of 5]

A short book full of information on immigration law and the prison system that keeps making money from their incarceration. There is a lot here I knew (privatized prisons, the bad immigrant narrative, money hungry politicians), but I found it all interesting. I just kept shaking my head in distress.

I think more on depth narratives would have helped humanize the issue. As it is, Garcia gives minimal examples of those caught up in the system. I was reading this as I stood in line to vote today.

[Candice Crutchfield · Rating 5 out of 5]

Wow. What an in depth and phenomenal review about immigration detention and its place within the prison industrial complex. In conversation and many readings, folks have a tendency to separate migrant detention from that of prisons and local jails, but the author reminds us of the inexplicable link — confinement and despair under the guise of “justice.” Migrating to Prison has been on my reading list for over a year, but I’m glad I finally made time to dive in. From exploring personal narratives and uplifting migrant voices to analyzing the profit industry, historical origins, and ending with a vision of complete abolition, this is essential reading for those interested in present day immigration/criminal legal system issues. It’s informative and beneficial to all who choose to dive in.

[Jade · Rating 5 out of 5]

“Despite the common refrain that immigration law is ‘broken’, immigration imprisonment is a sign that the United States immigration policy is working exactly as designed. The system hasn’t malfunctioned. It was intended to punish, stigmatize, and marginalize - all for political and financial gain.”

Over the years I have come to learn that most Americans do not and never will (completely) understand the ins and outs of their own immigration system. One could ask “but why would they need to?”, but in a country where immigration is a polarized topic, often either viewed in white or black, a topic that politicians use to win elections, it IS important that the citizens in this country really understand what their policies are. Migrating to Prison is in my opinion a must read for everyone in order to understand how we got to where we are.

César Cuauhtémoc García Hernández provides us with an examination of immigrant detention history in the US and how it has evolved into a multi-billion dollar prison industry, evolving along the same parallels as mass incarceration has in this country. In addition to the evolution of migration detention, and immigration policies, the author provides us with ways to effectively fight the policies that incarcerate immigrants for no other reason than they are immigrants, by cutting them off from the root. There are some very helpful points for those of us fighting for the abolition of prisons in general.

“The immigration prison is a reminder that human bondage based on racial and economic markers of undesirability can’t be relegated to some distant past. If we’re willing to lock up people, we will find a reason. Most of the time the targets will be people of color. We can call this a coincidence, but we would be lying to ourselves.”

I personally found the chapter entitled “The Good Immigrant vs. The Bad Immigrant” particularly important - politicians’ rhetoric tends to balance the “good ones” against “all the others”, a rhetoric that has become truth for most people discussing immigration in the US. The thing is, as I mentioned above, most people don’t understand how the immigration process actually works in the US, and that, coupled with the fact that no human being is perfect, creates this ridiculous perception that an immigrant must be a perfect human being in order to be allowed to reside on US soil. I have lost count of the times that someone has said “oh but you are one of the good ones!” to me - like it’s a compliment. No, I’m not “good”, I just have certain privileges to thank for the fact that I avoided deportation. (And my immigration story has been fraught with fear and lasted years and years before I was granted any kind of safe status). And I am human and have made enough mistakes that could easily have changed my story. So I’m glad the author brought this up, because this rhetoric is extremely harmful, and has been used by politicians on all sides on a regular basis, even if some presidents were less vulgar in their wording than others.

All in all this is a very important book to read and I recommend it to everyone. Thank you César Cuauhtémoc García Hernández for the very important work that you have done for us all.

(Side note: I am constantly in awe of the great work published by The New Press - if you haven’t heard of them I highly suggest checking out their publications).

[Maheema H · Rating 5 out of 5]

Came away having learned a lot, angrier (in a good way).

[Colin · Rating 4 out of 5]

This is a great introductory look at the history of immigration detention and its linkage to civil/criminal detention. Some of the human-centered narratives felt a bit thin, in comparison, almost like an afterthought, to the social and legal realities of which they face. The imagination of the author in offering new ways to think and act differently directed at this industry from an individual perspective was particularly commendable.

[Emily · Rating 3 out of 5]

A primer for the basic issues of the immigration system (or lack thereof) in the USA.

[Gracie Schumacher · Rating 5 out of 5]

Read this for a paper I was writing and it’s really good, sad but good. The US needs serious immigration reform and not in the building the wall kind of way

[Kate Sugarman · Rating 5 out of 5]

Excellent

[Alejandro · Rating 5 out of 5]

**NOTE: I received ARC of this book in ebook form via NetGalley in exchange for my honest and unbiased review. I did not receive compensation from the publisher for my review and so the opinions expressed within are of my own.**

This is an extremely fascinating and infuriating read. This book really puts into perspective the issue of immigration and how the US deals with the situation in a language that people can understand. Reading through this book, the author reveals how and why immigration became such a complex hot button issue. The political, sociological, and even psychological ramification of an immigration system where we incarcerate immigrants who are escaping from peril are detailed in this book as well.

The history that is in this book was very fascinating to read as well. It demonstrates the endless cycle with our obsession of detaining immigrants indefinitely without any due process or even care for these individuals.

The author does explain that he does not have a solution on reforming our stances on immigration and rightly so because he is only one individual who would be tackling such a large issue like this. However, he does give hope that we can dismantle our current system and reform it to be more humane and empathetic to immigrants of all backgrounds.

[Colin Hogan · Rating 4 out of 5]

Definitely worth the read. Though I don't agree with a few points in the book, it is a must read for Americans. Especially Americans who only hear what old white men say about immigration in our country.

[jbgbookgirl · Rating 5 out of 5]

I give this book 5 stars for excelling at what it is, an introduction to immigration law/reform in the United States by an expert in the field. The author lays out a compelling argument against immigration prisons by laying out the history of immigration reform, the present and the future he hopes to see. While doing so, he doesn’t dumb down or sugar coat the complexities of immigration reform. It is a ghastly beast with no easy answers and where both sides of the aisle have done more damage than good. No administration is spared from his criticism. I am not well versed in immigration reform but I want to become educated and this book is a perfect starting point. Thank you #netgalley for the ARC of #migratingtoprison.

[Deborah Stevens · Rating 4 out of 5]

This is a solid, accessible introduction to an important topic.

News junkies will already know much of what is found here, as there has been much recent coverage of the topic.

Even so there will be some new information for just about every reader. A key takeaway for me was how recent the whole idea of locking up unauthorized immigrants is.

[M B · Rating 2 out of 5]

Good research, not very engaging writing.

[C K · Rating 4 out of 5]

This is a great, concise, easy-to-read overview of one of the most troubling phenomena of the past few decades: the booming incarceration of immigrants (both in “nonpunitive” administrative detention as well in prison for the criminal offenses of unlawful entry and reentry - the two most highly prosecuted federal crimes). Even for advocates and scholars deeply versed in the subject, there’s something to learn, and I appreciate how the author beautifully humanizes interlocking phenomena - the use of detainers and 287(g) agreements, the seemingly nicer/friendlier world of family and child detention, the profit motive - through stories of people who’ve survived the immigration prison archipelago.

I do question, however, the recurring idea in this book that lacking valid entry documents is a “wrong,” as well as the author’s intuition that to seek asylum at the border is to both break the law while doing something the law explicitly contemplates and recognizes. These laws aren’t in conflict; there is no ambiguity in the law that seeking asylum is a right, and the drafters of the asylum regime explicitly contemplated that many, if not most, people who would do so wouldn’t necessarily be able to secure entry permissions before fleeing. To suggest otherwise risks advancing the US government’s narratives (which the author so trenchantly criticizes elsewhere) that asylum-seekers are lawbreakers.

This book makes especially strong points about the role of the profit motive, painting a bleak picture of “prison towns,” whose economies are literally powered by human misery. I would have loved to read the author’s thoughts about how, to avoid the inevitable backlash against immigration prison abolition (and prison abolition generally), we address how these towns’ economies will be impacted as a result.

Finally, the author makes a strong point that detention has boomed because of policy constructions of illegality, driven by a racist war on drugs, rapacious prison-builders, etc. But the posited solution - abolishing immigration prisons - is just a partial one. As the author notes, abolition requires building: in this case, building a world which not only don’t imprison on the basis of status, but which affirmatively welcomes people regardless of status.

[Jeremy Lucas · Rating 3 out of 5]

There’s no question that Cesar Cuauhtemoc Garcia Hernandez has compiled, written, and published a clear, heartbreakingly well-researched account of the daunting and horrifying legal system that faces immigrants en route to or living within the United States. And to this end, Migrating to Prison is precisely what it intends to be, a short but informative book about American immigration. But considering how many of the pages were a grueling read, like moving through a textbook, I found myself nearing the end with a sense of hopeless exhaustion, like there’s no chance of fixing this deeply flawed system, so we may as well dream of better times. That said, I believe books like this, when coupled with crucial works of more moving fiction, like American Dirt, have the potential, when read, to turn the tide of our American conscience, which is ultimately what has to change first, before the needle of necessary legislation can even begin to move.

[Miguel · Rating 3 out of 5]

There’s wasn’t a moment reading this overview of the current southern border immigration situation that felt particularly revelatory or new. This does a pretty good job of highlighting some of the key issues facing immigrants and the byzantine like structure that has been built up around this issue including the inefficiencies of trying to imprison large groups seeking asylum here. This does not go into depth showing the overall decrease in immigration numbers (that started well before the gang that couldn’t shoot straight took over in 2017). There are personal stories included here as well – no one who is currently ensnared in this issue has fared well. Unfortunately there are not too many overarching solutions presented here which is understandable given the complexity and political toxicity involved.

[Alan Oliveira · Rating 3 out of 5]

"Migrating to Prison" is a tough but eye-opening book, revealing the struggles of those seeking a better life in a new country. The stories depict harsh realities within the immigration system, where people face severe consequences for crossing borders illegally.

I am not going to express my opinion on the system, but some stories are definitely shocking, showing how individuals can end up in prison for actions that might have had milder consequences if not crossing a border back to the country.

The book shares numerous stories, but as a reader, I wish the author would have let me draw my own conclusions instead of influencing them. Similar to another book on the same theme, the authors' opinions, I believe due to their indignation, become very strong throughout the book.

Despite this, it was a great exploration of the human side of immigration.

[Jerrilyn · Rating 4 out of 5]

The most surprising find from this indictment of America's treatment of immigrants and of the for-profit prison system, was that I inadvertently invested in it! And so did most state employees (including the author, because he teaches at a state university) because it is part of their retirement investment's package! A dilemma he didn't resolve in the book.

[Ruby · Rating 4 out of 5]

I listened to this on audio while working, and I'd like to actually read it. For a fairly short book, there is a lot of great information. I highly recommend Tears of the Desert for anyone interested in a first hand account of someone who was seeking asylum and waited in prison for years waiting for their case to be heard.

[Erica Scott-Pacheco · Rating 5 out of 5]

A must read whether or not you are familiar with the history of immigration law in the US. The author is a law professor originally from the Rio Grande Valley, where his family have an immigration practice. His family's lived experience provides a unique lens. This personal background further informs his abolitionist argument that detention is an indefensible, moneymaking endeavor.

[Erica · Rating 3 out of 5]

Author provides a very detailed and intriguing history of immigration, discussing its origins in America dating all the way back to slaver and continuing through Ellis island and Angel Island. As the conversation shifted to more contemporary issues and future reform I would have liked to see the author dig deeper and provide more in-depth analysis.

[Alexandra Sisková · Rating 4 out of 5]

García Hernández shows how the U.S. went from welcoming immigrants (as long as they were white) to locking up anyone who didn't fit the "pure" mold—the rest. When times got tough, who better to blame than the "bad hombres" coming to "destroy American values"?

The author reminds us that migrants aren't evil—they're just human, like the rest of us, with all the same imperfections. Detention centers and prisons break souls and hearts, and no one deserves to end up inside.

I rated it 4 stars because of the amount of information packed into such a short book and I believe that common people like me could get easily lost.

[Jesse · Rating 4 out of 5]

Any book about immigration and abolition is probably something I want to read, but of course that also means reading something heavy and needing to be in the mood for that. Much of what is here I already knew about just because of my background, but some of the historical context was really cool to learn about and compare to today.

[Wendy · Rating 4 out of 5]

Short, but packs a punch — concise exploration of the US approach to imprisoning non-citizens for civil and criminal offenses related to their immigration status alone. Full of relevant law and anecdotes - and above all, a vision that it doesn’t have to (and shouldn’t!) be this way.

[Carolyn Fagan · Rating 4 out of 5]

Asked a lot of good questions and provided a lot of history on the United States' immigration policies, or lack of a cohesive plan since Eisenhower. Unfortunately, as in many of these books, the answers to the problems are not easily discernible.

[Jake · Rating 3 out of 5]

This contains fine research with info on immigration that most Americans probably don’t know. We do kind of enjoy thinking things must stay the way they are. The human harm and expense can’t be changed. Blah blah. 3 stars (which is a decent rating in my eyes) due to being a bit dry.

[Rob]

read for class, important topic. i enjoyed.

many specific supreme court cases and stats are mentioned repeatedly for effect which makes the book seem like it’s longer than it is.
reading angela davis for this class next week and i am excited af

[Jeffrey Bostick · Rating 4 out of 5]

Garcia-Hernandez is a law professor and author of the Crimmigration blog. This is a brief survey of the history of US immigration policy and its growth into a system of mass detention for profit in the early 21st Century.