Detention

Detention

Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation

This paper argues that the Illegal Immigration Reform and Immigrant Responsibility’s (IIRIRA) detention mandate, special interest groups, and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. It discusses the implications of the growth in immigrant detention for human rights, legislative representation, and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? Does the rapid increase in detention pose challenges or risks to democracy? The paper uses a unique dataset to reveal that major restrictive federal immigration policies such as IIRIRA and the increasing federal immigration enforcement budget have had a significant impact on immigrant detention rates. Based on these findings, the paper recommends: 1) increased transparency and accountability in data management from the Department of Homeland Security and on lobbying expenditures from for-profit detention corporations, 2) the repeal of mandatory detention laws, and 3) the repeal of the Congressional detention bed mandate.

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Global Compact on Migration: Issues at Play
One of the most significant outcomes of the New York Declaration on Large Movements of Refugees and Migrants, a non-binding international agreement adopted by the United Nations General Assembly in September, 2016, was the launching of a two-year process to...

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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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