This paper on return migration is the first in a series from the Scalabrini Migration Study Centers, a worldwide network of think-tanks on international migration, on different migration issues and policy ideas that should inform the development and implementation of the Global Compact for Safe, Orderly, and Regular Migration. This paper is authored by Graziano Batistella, c.s., who directs the Scalabrini Migration Center in the Philippines. It offers a conceptual framework for analyzing return migration and developing appropriate policies in response. It identifies a continuum of types of return based on the time of return and the decision to return. These are: “return of achievement,” “return of completion,” “return of setback,” and “return of crisis (forced return).” The paper recommends particular policies – which would benefit migrants and their communities of origin – in response to each of these types of return. It urges that the Global Compact for Safe, Orderly, and Regular Migration and the Global Compact for Refugees not treat return as “an act that simply concludes migration,” but one that requires effective policies to protect and ensure the well-being of migrants, to facilitate their reintegration, and to maximize their contributions.
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.