Detention

Detention

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS). It finds that DHS has overstated the number of people from roughly 30 counties who have overstayed their temporary visas, half of them participants in the US Visa Waiver Program (VWP). In particular, the DHS estimates for 2016 include significant numbers of temporary visa holders who left the undocumented population, but whose departure could not be verified. Thus, the actual number of visa overstays in 2016 was about half of the number estimated by DHS.  The paper also shows that the population growth of visa overstays was near zero in 2016 after adjusting DHS estimates to account for unrecorded departures. The country-specific figures in this paper should help DHS improve verification of departures of temporary visitors and also to reassess decisions about admission to the VWP.

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International Migration, U.S. Immigration Law and Civil Society: From the Colonial Era to the 113th Congress
The series draws on contributions from leading scholars and practitioners in the field. Joseph Chamie, the former director of the United Nations Population Division and former editor of the International Migration Review, provides a magisterial overview of migration flows to and within the Americas over the last 525 years, with particular focus on the United States and the territory that became the United States. He also highlights several themes that weave through this long history. Charles Wheeler, a senior attorney and director of training and legal support for the Catholic Legal Immigration Network, Inc. (CLINIC), provides a concise and timely history of US immigration law and policy, starting in the colonial era and leading to the current impasse on immigration reform. Sara Campos, a freelance writer and the former director of the Asylum Program for the Lawyers Committee for Civil Rights in San Francisco, writes a groundbreaking chapter on the growing role of civil society in the US immigrant communities and in the US immigration debate. All three chapters, as well as an introduction by Mr. Kerwin, speak very directly to the US immigration debate.

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A Sad Day for Dreamers and US Citizens
In the past weeks, communities in Texas and Louisiana suffered the loss of life and property to a degree that most of us will never experience. This seemed like an once-in-a-lifetime disaster. Yet, on Tuesday, September 5, 2017, the Trump...

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Fate of Dreamers Will Test the Character of Our Nation
President Donald Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which temporarily protects from deportation close to 800,000 young immigrants – known as Dreamers – brought to this country as children, marks a point of demarcation...

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Responding to Hurricane Harvey and Other Natural Disasters
Hurricane Harvey has caused catastrophic flooding in Texas, forcing thousands from their homes. Many of its survivors are desperate for shelter, food, and other forms of assistance. Among the most vulnerable are the hundreds of thousands of immigrants living in...

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The Future of the DACA Program and the Interests at Stake
Ten state attorneys general have announced that they intend to sue the federal government to end the Deferred Action for Childhood Arrivals (DACA) program if the Trump administration does not rescind the program by September 5th.  The DACA program, created...

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Local Immigration Enforcement and Arrests of the Hispanic Population
Section 287(g) of the Immigration and Nationality Act (INA), which was added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), allows the federal government to enter into voluntary partnerships with state and local law enforcement agencies to enforce immigration law. This paper explores the effects of implementation of the 287(g) program in Frederick County, Maryland on the arrests of Hispanics. Using data from individual arrest records from the Frederick County Sheriff’s Office which has a 287(g) agreement with US Immigration and Customs Enforcement (ICE), and from the Frederick Police Department which does not, the paper analyzes the changes in arrests by the two agencies before and after implementation of the 287(g) program in 2008.

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Mobilizing Coherent Community Responses to Changing Immigration Policies | “Beyond the Wall”: Special Screening and Community Discussion of Documentary Film
This session featured a special screening of The Texas Tribune’s short documentary, “Beyond the Wall" which puts viewers into the shoes of undocumented immigrants, border patrol agents and a borderland rancher to explore the state’s most pressing immigration issues. It is part of the Tribune’s yearlong Bordering on Insecurity project. Following the screening, the Tribune’s Jay Root moderated an expert panel discussion exploring the issues and solutions.

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Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention
Proposals to shape migration management policies recognize the need to involve a range of actors to implement humane and effective strategies. However, when observed through the lens of immigration detention, some migration policy trends raise challenging questions, particularly related to the involvement of non-state actors in migration control. This article critically assesses a range of new actors who have become involved in the deprivation of liberty of migrants and asylum seekers, describes the various forces that appear to be driving their engagement in immigration enforcement, and makes a series of recommendations concerning the role of non-state actors and detention in global efforts to manage international migration. These recommendations include ending the use the detention in international migration management schemes; limiting the involvement of private companies in immigration control measures; insisting that the International Organization for Migration (IOM) actively endorse the centrality of human rights in the Global Compact for Migration and amend its constitution so that it makes a clear commitment to international human rights standards; and encouraging nongovernmental organizations to carefully assess the services they provide when operating in detention situations to ensure that their work contributes to harm reduction.

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