US Immigration Reform Initiative
Strengthening US Immigration and Refugee Protection Policies: Research, Analysis and Policy Proposals
Since 2014, the Center for Migration Studies of New York (CMS) has published reports, articles, and papers devoted to reform of the US immigration and refugee protection systems. Each publication concludes with policy recommendations – legislative, administrative, and programmatic – directed at federal, state, local and non-governmental organizations. These papers can serve as a valuable resource to public officials, policy influencers, and advocates for more effective, inclusive, and rights-respecting immigration and refugee policies. These papers cover:
- The national interests served by immigration and refugee protection.
- Citizenship and immigrant integration.
- Migration management and governance.
- Family-based immigration.
- US residents without status, including those brought to the US as children.
- The US refugee resettlement program.
- Statelessness.
- Asylum.
- Temporary protection.
- Central American migration, including of unaccompanied children.
- US enforcement and border enforcement policies.
- Immigrant detention.
- Legal representation, due process and the rule of law.
- Immigrants and public safety.
- Public charge grounds of inadmissibility.
- Immigrant laborers, including essential workers, and labor standards enforcement.
An indexed summary of select papers can be found here. Many of these papers were originally published in special collections of CMS’s Journal on Migration and Human Security (JMHS), which cover the US immigration system, immigration enforcement, refugee protection, and a collection honoring former Department of Justice official Juan Osuna on access to justice, the rule of law, and due process. These collections also include articles that analyze the provisions of comprehensive bills, and the causes of migration. Many of the papers profile particular populations of US noncitizens. The papers typically illustrate the long tenure, family ties, work, and other contributions of these groups to US society.
Most recently, CMS has published a report in collaboration with the Zolberg Institute on Migration and Mobility that sets forth 40 administrative actions that the new administration can take to strengthen and revitalize the US immigration and refugee protection systems. It has also published an exhaustive study and report, in collaboration with Refugee Council USA, on rebuilding and strengthening the US refugee resettlement system.
All of these sources seek to outline a flexible, secure, and evidence-based immigration system that would serve the nation’s interests, reflect its liberal democratic ideals, meet its international commitments, and maximize the benefits from talented, hardworking immigrants from throughout the world. It will soon initiate a series of interviews and conversations with select authors on their policy recommendations and what they see as opportunities and challenges to achieving them.
The Biden Administration
President Biden’s Executive Actions on Immigration
President Joseph R. Biden Jr. set forth an ambitious immigration agenda in the early days of the Biden-Harris administration, committing both to reverse harmful policies implemented by the Trump administration and to revitalize the US immigration system more broadly. In his first 100 days in office, President Biden articulated his immigration and refugee protection goals and reversed many of his predecessor’s policies in a series of executive actions. He also raised the refugee admissions cap for FY 2021 and endorsed the US Citizenship Act of 2021, which would represent the most sweeping immigration reform legislation in decades and create the largest legalization program in US history. President Biden’s executive actions address the situation at the southern border, root causes of irregular migration from Central America, impacts of climate change on migration, COVID-19 travel restrictions, and fortification of existing legal immigration pathways, as well as commitments to create new ones.
Donald Kerwin, Robert Warren, and Charles Wheeler
Making Citizenship an Organizing Principle of the US Immigration System
This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration system and its expectation for new Americans. It comes at a historic inflection point, following the chaotic departure of one of the most nativist administrations in US history and in the early months of a new administration whose executive orders, administrative actions, and legislative proposals augur an entirely different view of immigrants and immigration.
The paper examines two main ways that the Biden-Harris administration’s immigration agenda can be realized – by expanding access to permanent residence and by increasing naturalization numbers and rates. First, it proposes administrative and, to a lesser degree, legislative measures that would expand the pool of eligible-to-naturalize immigrants. Second, it identifies three underlying factors – financial resources, English language proficiency, and education – that strongly influence naturalization rates. It argues that these factors must be addressed, in large part, outside of and prior to the naturalization process. In addition, it provides detailed estimates of populations with large eligible-to-naturalize numbers, populations that naturalize at low rates, and populations with increasing naturalization rates. It argues that the administration’s immigration strategy should prioritize all three groups for naturalization.
The paper endorses the provisions of the US Citizenship Act that would place undocumented and temporary residents on a path to permanent residence and citizenship, would reduce
family- and employment-based visa backlogs, and would eliminate disincentives and barriers to permanent residence. It supports the Biden-Harris administration’s early executive actions and proposes additional measures to increase access to permanent residence and naturalization. It also endorses and seeks to inform the administration’s plan to improve and expedite the naturalization process and to promote naturalization.
The US Citizenship Act of 2021: What’s Inside and Who Could be Eligible for Immigration Relief
On January 20, 2021, President Biden announced the US Citizenship Act of 2021 memorializing his commitment to modernize the US immigration system. On February 18, 2021, Senator Bob Mendez and Congresswoman Linda Sanchez introduced the bill to the Senate and House (respectively). If passed, it would create the largest legalization program in US history. This page provides an overview of the act’s provisions.
Biden’s Immigration Agenda: Immediate Actions Taken
Please join the Center for Migration Studies of New York and Zolberg Institute on Migration and Mobility for a panel discussion about the Biden administration’s immigration agenda on Thursday, February 4, 2021 from 2:30 p.m. to 4:00 p.m. (EST). This free, virtual event is open to students, researchers, and practitioners of all disciplines.
T. Alexander Aleinikoff and Donald Kerwin
Improving the U.S. Immigration System in the First Year of the Biden Administration
The Biden administration will face substantial challenges in putting immigration and refugee policy back on track—not just reversing ill-advised policies of the past four years but also improving a system that was in need of reform well before the current administration took office. In this paper, T. Alexander Aleinikoff and Donald Kerwin highlight a number of reforms that should be prioritized by the Biden administration in its first year.
...Publications
Roberto Suro and Hannah Findling
Tax Equality for Immigrants: The Indispensable Ingredient for Remedying Child Poverty in the United States
Both at the federal and state levels, tax credits have proved effective policy instruments to combat poverty, and they are at the heart of President Biden’s massive initiative on childhood poverty. However, about one of every five children suffering poverty in the United States has an unauthorized immigrant parent and thus little or no access to tax credits. That is nearly two million children, and 85 percent of them are US citizens. Achieving historic reductions in childhood poverty thus will be impossible without remedying the eligibility exclusions and bureaucratic impediments that unauthorized immigrants face in the US tax system.
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Hannah Findling
Innovating Inclusion: A New Wave of State Activism to Include Immigrants in Social Safety Nets
States across the country are tackling an equity issue in the tax code by breaking from federal eligibility standards for their state Earned Income Tax Credits (EITCs). Specifically, states are taking it upon themselves to end the exclusion of taxpayers who file their taxes with an Individual Taxpayer Identification Number (ITIN). ITINs are personal tax processing numbers issued by the Internal Revenue Service (IRS) to individuals who are not eligible for a Social Security number. They are primarily issued to undocumented immigrants, although they are also issued to certain lawfully present immigrants. Millions of people pay taxes with ITINs every year. Together ITIN-filers paid $23.6 billion in taxes in 2015. In less than a year, five states have successfully passed legislation to end the exclusion of these tax filers from their EITCs.
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Donald Kerwin and Mike Nicholson
Center for Migration Studies
Charting a Course to Rebuild and Strengthen the US Refugee Admissions Program
This report analyzes the US refugee resettlement program – known as “USRAP” (the US Refugee Admissions Program) – leveraging data from a national survey of resettlement stakeholders conducted in 2020. The survey examined USRAP from the time that refugees arrive in the United States. The survey’s design and questionnaire were informed by three community gatherings organized by Refugee Council USA in the fall and winter of 2019, extensive input from an expert advisory group, and a literature review.
This report finds that USRAP serves important purposes, enjoys extensive community support, and offers a variety of effective services. Overall, the survey finds a high degree of consensus on the US resettlement program’s strengths and objectives, and close alignment between its services and the needs of refugees at different stages of their settlement and integration. Because USRAP’s infrastructure and community-based resettlement networks have been decimated in recent years, the Biden administration’s main challenges will be to rebuild and revitalize the program, educate the public on it, and try to regain broad, bi-partisan support for it. The report also points to specific ways in which USRAP’s programs and services should be strengthened.
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Susan Martin
Rebuilding the US Refugee Resettlement Program
This paper offers an historic review of the US refugee resettlement program. It spans the colonial era, to the establishment of the first distinct US admissions policies for persons fleeing persecution in 1917, to the creation of the formal US Refugee Admissions Program in 1980, and to the Trump administrations’ denigration of and attempts to eviscerate the program. It proposes ways that a new administration can rebuild this crucially important program and put it on more secure footing. In particular, it recommends that a new administration:
- Reframe the discourse on refugee resettlement to emphasize its central importance to the nation’s identity and the way it serves the national interest.
- Rebuild the capacity of the federal government to administer the program and the badly depleted community-based resettlement infrastructure that is central to the program’s success.
- Hold emergency consultations with Congress to increase refugee admissions in Fiscal Year 2021, and consult soon after the inauguration with international, state and local, and non-governmental partners to plan FY 2022 resettlement goals, including a robust admissions ceiling and budget.
- Reform and reinvigorate federal consultations with states and localities to ensure their receptivity, capacity and support for refugees, and eliminate the current veto power of states and municipalities over resettlement in their jurisdictions.
- Explore legislative fixes to the refugee admissions process and attempt to depoliticize the process by setting a “normal flow level” that does not require an annual Presidential determination.
- Join the Global Compact on Refugees, which seeks to expand the availability of durable solutions for refugees, and encourage other nations to follow the U.S. example of resettling larger numbers of refugees.
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Daniel E. Martínez, Josiah Heyman, and Jeremy Slack
Border Enforcement Developments Since 1993 and How to Change CBP
Enforcement along the US-Mexico border has intensified significantly since the early 1990s. Social scientists have documented several consequences of border militarization, including increased border-crosser deaths, the killing of more than 110 people by Customs and Border Protection (CBP) agents over the past decade, and expanded ethno-racial profiling in southwestern communities by immigration authorities. Less attention has been paid to the pervasive and routine mistreatment migrants experience on a daily basis in CBP custody.
This paper traces major developments in border enforcement to three notable initiatives: the “prevention-through-deterrence” strategy, the aftermath of the 9/11 terrorist attacks, and the Department of Homeland Security (DHS) Consequence Delivery System, initiated in 2011. Despite the massive buildup in enforcement, CBP has operated with little transparency and accountability to the detriment of migrants. The paper provides an overview of the findings of nongovernmental organizations and social scientists regarding migrant mistreatment while in CBP custody. It then highlights important shifts in migration patterns over the past decade, as well as changes in border enforcement efforts during the Trump administration. It discusses how these transformations affect migrants’ everyday encounters with CBP officials.
The paper concludes by providing specific recommendations for improving CBP conduct. Its core theme is the need to emphasize and inculcate lessons of appropriate police behavior, civil rights, and civil liberties in training and recruiting agents and in setting responsibilities of supervisors and administrators. It offers recommendations regarding important but underrecognized issues, including ending the use of CBP agents/officers as Asylum Officers, as well as better-known issues such as militarization and the border wall.
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Donald Kerwin
Strengthening the US Immigration System through Legal Orientation, Screening and Representation: Recommendations for a New Administration
This paper highlights the importance of legal orientation, screening, and representation to the US immigration system. It proposes that a new administration facilitate legal representation in order to establish a fairer and more efficient removal adjudication system and to place more immigrants on a path to permanent residence and citizenship. As is well-documented, legal assistance can:
- Improve the ability of immigrants to identify and articulate their claims in removal proceedings and produce better-informed case outcomes.
- Increase the efficiency and contribute to the integrity of the removal adjudication system.
- Lead to better-prepared applications for immigration benefits, and thus a more just and efficient legal immigration system.
- Place more non-citizens on a path to permanent residence and naturalization by identifying their potential eligibility for immigration benefits or relief, and, in some cases, their existing US citizenship.
Legal representation and expertise can also contribute to resolving some of the substantial problems that afflict the US immigration system, such as lengthy court and asylum backlogs. In addition, it can identify and help to correct legal and factual errors by immigration adjudicators, and abuses by enforcement officers and private contractors.
The paper’s first section describes federal legal orientation and assistance programs for non-citizens in removal proceedings. The second section discusses the need for large-scale legal screening and representation of US undocumented residents, Deferred Action for Childhood Arrivals (DACA) recipients, and Temporary Protected Status (TPS) beneficiaries. Its third section examines the proliferation of universal representation programs—supported by states, localities, and private funders—for non-citizens in removal proceedings before an immigration judge, and in summary removal processes administered by the US Department of Homeland Security (DHS). The paper concludes with a series of administrative measures that a new administration could take in its first year to strengthen and expand legal representation. It also outlines longer-term policy recommendations that would require legislation.
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Donald Kerwin and Robert Warren
US Foreign-Born Workers in the Global Pandemic: Essential and Marginalized
This article provides detailed estimates of foreign-born (immigrant) workers in the United States who are employed in “essential critical infrastructure” sectors, as defined by the Cybersecurity and Infrastructure Security Agency of the US Department of Homeland Security. Building on earlier work by the Center for Migration Studies, the article offers exhaustive estimates on essential workers on a national level, by state, for large metropolitan statistical areas, and for smaller communities that heavily rely on immigrant labor. It also reports on these workers by job sector; immigration status; eligibility for tax rebates under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and other characteristics.
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Donald Kerwin
Immigrant Detention and COVID-19: How a Pandemic Exploited and Spread through the US Immigrant Detention System
This report reviews US detention developments from March 1 to August 1, 2020, a period when COVID-19 established itself and spread through the sprawling US detention system and beyond it. The report – which CMS updated regularly during this period – documents ICE’s fatally flawed response to this crisis, paying particular attention to the role of the private corporations that largely operate this system. It explores how the pandemic exploited and exacerbated longstanding problems in this system, such as its privatization, prison-like facilities, correctional standards, lack of transparency, and perverse financial incentives.
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Donald Kerwin, Daniela Alulema, Michael Nicholson, and Robert Warren
Statelessness in the United States: A Study to Estimate and Profile the US Stateless Population
This report describes a unique methodology to produce estimates and set forth the characteristics of US residents who are potentially stateless or potentially at risk of statelessness. It also lifts up the voices and challenges of stateless persons, and outlines steps to reduce statelessness and to safeguard the rights of stateless persons in the United States.
As part of the study, CMS developed extensive, well-documented profiles of non-US citizen residents who are potentially stateless or potentially at risk of statelessness. It then used these profiles to query American Community Survey data in order to develop provisional estimates and determine the characteristics of these populations.
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Donald Kerwin and Robert Warren
Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship
This paper examines the ability of immigrants to integrate and to become full Americans. Naturalization has long been recognized as a fundamental step in that process and one that contributes to the nation’s strength, cohesion, and well-being. To illustrate the continued salience of citizenship, the paper compares selected characteristics of native-born citizens, naturalized citizens, legal noncitizens (most of them lawful permanent residents [LPRs]), and undocumented residents. It finds that the integration, success, and contributions of immigrants increase as they advance toward naturalization, and that naturalized citizens match or exceed the native-born by metrics such as a college education, self-employment, average personal income, and homeownership. The paper also explores a contradiction: that the administration’s “America first” ideology obscures a set of policies that impede the naturalization process, devalue US citizenship, and prioritize denaturalization. The paper documents many of the ways that the Trump administration has sought to revoke legal status, block access to permanent residence and naturalization, and deny the rights, entitlements, and benefits of citizenship to certain groups, particularly US citizen children with undocumented parents. It also offers estimates and profiles of the persons affected by these measures, and it rebuts myths that have buttressed the administration’s policies.
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Ingrid V. Eagly
Access to Counsel and the Legacy of Juan Osuna
In this essay, Ingrid V. Eagly, Professor of Law and Faculty Director of the David J. Epstein Program in Public Interest at the University of California, Los Angeles School of Law, describes Juan Osuna’s many contributions to access to justice for immigrants. Osuna served on the Board of Immigration Appeals (BIA) and then as director of the Executive Office for Immigration Review (EOIR). Eagly recounts his efforts to call attention to the need for legal representation. In particular, she details Osuna’s support for the federally funded Legal Orientation Program (LOP), which educates immigrants on their rights and provides them with self-help trainings and referrals to pro bono counsel. She also highlights Osuna’s work to secure counsel for particularly vulnerable migrants, including unaccompanied minors. Eagly’s essay is the latest contribution to a CMS series on the issues to which Osuna devoted his professional life.
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Donald Kerwin, Robert Warren, and Mike Nicholson
Proposed Public Charge Rule Would Significantly Reduce Legal Admissions and Adjustment to Lawful Permanent Resident Status of Working Class Persons
On October 10, 2018, the US Department of Homeland Security (DHS) issued its long-anticipated proposed rule on inadmissibility on public charge grounds. Under the proposed rule, US Citizenship and Immigration Services (USCIS) officers would consider receipt of cash benefits and, in a break from the past, non-cash medical, housing, and food benefits in making public charge determinations. This focuses on the potential effect of the proposed rule on two populations, undocumented immigrants and nonimmigrants that would otherwise be eligible for legal permanent resident (LPR) status based on a legally qualifying relationship to a US citizen or LPR living in their household. This CMS report analyzes how these populations in 2016 would have fared under the proposed rule. After placing the rule in historic context, the paper profiles these two populations and examines the characteristics that would mitigate in favor of and against their inadmissibility. The study offers a snapshot of these two groups based on estimates derived from the 2016 American Community Survey (ACS).
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Kino Border Initiative, Center for Migration Studies of New York, and Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States
Communities in Crisis: Interior Removals and Their Human Consequences
The Kino Border Initiative (KBI), CMS, and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States released a new report examining the characteristics of deportees and the effects of deportation. This report details findings from the CRISIS Study (Catholic Removal Impact Survey in Society), which interviewed deportees at KBI’s migrant shelter in Nogales, Sonora, and those affected by deportation in Catholic parishes in Florida, Michigan, and Minnesota. The interviews explored: (1) the impact of removals on deportees, their families, and other community members; (2) the deportation process; and (3) the relationship between deportees and their families. The report also includes policy recommendations to mitigate the ill effects of the administration’s policies and promote the integrity of families and communities, including: using detention as a “last resort;” reducing funding to Immigration and Customs Enforcement (ICE); and limiting collaboration between police and ICE and Customs and Border Protection (CBP).
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Robert Warren, Donald Kerwin
Mass Deportations Would Impoverish US Families and Create Immense Social Costs
This paper provides a statistical portrait of the US undocumented population, with an emphasis on the social and economic condition of mixed-status households – that is, households that contain a US citizen and an undocumented resident. The study finds that mass deportations would plunge millions of US families into poverty, cost $118 billion to care for US-citizen children of deported parents, imperil the housing market and reduce GDP.
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The US Refugee Resettlement Program – A Return to First Principles: How Refugees Help to Define, Strengthen and Revitalize the United States
This paper examines the integration, achievements and contributions of 1.1 million refugees resettled in the United States from 1987 to 2016. It does so in three ways. First, it compares the household, demographic and economic characteristics of refugees that arrived between 1987 and 2016, to comparable data for non-refugees, the foreign-born, and the total US population. Second, it compares the characteristics of refugees by period of entry, as well as to the foreign-born and total US population. Third, it examines the characteristics of refugees that arrived from the former Soviet Union between 1987 and 1999, measured in 2000 and again in 2016. By all three measures, it finds that refugees successfully integrate over time and contribute immensely to their new communities. Perhaps most dramatically, the paper shows that refugees that arrived between 1987 and 1996 exceed the total US population, which consists mostly of native-born citizens, in personal income, homeownership, college education, labor force participation, self-employment, health insurance coverage, and access to a computer and the internet. The paper also explores the successful public/private partnerships — with a particular focus on Catholic agencies — that facilitate refugee well-being and integration, and that leverage substantial private support for refugees. Overall, the paper argues that the United States should expand and strengthen its refugee resettlement program. The program has advanced US standing in the world, saved countless lives, and put millions on a path to work, self-sufficiency, and integration.
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Donald Kerwin
Moving Beyond Comprehensive Immigration Reform and Trump: Principles, Interests, and Policies to Guide Long-Term Reform of the US Immigration System
This paper introduces a special collection of 15 articles that chart a course for long-term reform of the US immigration system. The papers look beyond recent legislative debates and the current era of rising nationalism and restrictionism to outline the elements of a forward-looking immigration policy that would serve the nation’s interests, honor its liberal democratic ideals, promote the full participation of immigrants in the nation’s life, and exploit the opportunities offered by an increasingly interdependent world. ...
Edward Alden
Is Border Enforcement Effective? What We Know and What it Means
For too long, the policy debate over border enforcement has been split between those who believe the border can be sealed against illegal entry by force alone, and those who believe that any effort to do so is futile without expanding legal work opportunities. New evidence suggests that unauthorized migration across the southern border has plummeted, and border enforcement has been a significant reason for this decline. These research advances should help to inform a more rational public debate over border enforcement expenditures. In particular, Congress should take a careful look at the incremental gains that might come from additional spending on border enforcement. The evidence suggests that deterrence through enforcement, despite its successes in reducing illegal entry across the border, is producing diminishing returns due to three reasons. First, arrivals at the border are increasingly made up of asylum seekers from Central America, which is a population that is harder to deter because of the dangers they face at home, and in many cases not appropriate to deter because the United States has legal obligations to consider requests for asylum. Second, the majority of new additions to the US unauthorized population is now arriving on legal visas and then overstaying. And finally, among Mexican migrants, a growing percentage of repeat border crossers are parents with children left behind in the United States, a population that is far harder to deter. Finally, the administration could better inform this debate by releasing to scholars and the public the research it has sponsored in order to give Americans a fuller picture on border enforcement....
Lenni B. Benson
Immigration Adjudication: The Missing “Rule of Law”
US immigration removal procedures need reform, and systematic flaws in the removal adjudication system must be addressed. The Department of Homeland Security (DHS) uses every tool in its arsenal to expeditiously remove people from the United States, including by bypassing judicial hearings. In “ministerial” or expedited forms of removal, there is no courtroom, no administrative judge, and rarely any opportunity for legal counsel to participate or for federal judicial review. In these settings, the rule of law is entirely within the hands of Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) officers who serve as both prosecutor and judge. This paper argues that the rule of law must be restored to the US removal adjudication system, and it proposes ways in which this can be accomplished. Specific recommendations include the necessity of clear enforcement priorities, sufficient resources to allow for fair adjudication, a statute of limitations for immigration violations, and the right to counsel. ...
Deborah A. Boehm
Separated Families: Barriers to Family Reunification After Deportation
This paper outlines the complexities — and unlikelihood — of keeping families together when facing, or in the aftermath of deportation. After discussing the context that prevents reunification among immigrant families more generally, I outline several of the particular ways that families are divided when a member is deported. Drawing on case studies from longitudinal ethnographic research in Mexico and the United States, I describe: 1) the difficulties in successfully canceling deportation orders, 2) the particular limitations to family reunification for US citizen children when a parent is deported, and 3) the legal barriers to authorized return to the United States after deportation. I argue that without comprehensive immigration reform and concrete possibilities for relief, mixed-status and transnational families will continue to be divided. Existing laws do not adequately address family life and the diverse needs of individuals as members of families, creating a humanitarian crisis both within and beyond the borders of the United States. The paper concludes with recommendations for immigration policy reform and suggestions for restructuring administrative processes that directly impact those who have been deported and their family members....
Els de Graauw and Irene Bloemraad
Working Together: Building Successful Policy and Program Partnerships for Immigrant Integration
Supporting and investing in the integration of immigrants and their children is critically important to US society. Successful integration contributes to the nation’s economic vitality, its civic and political health, and its cultural diversity. Although the United States has a good track record on immigrant integration, outcomes could be better. This paper argues that a robust national integration policy infrastructure is needed. This infrastructure must be vertically integrated to include different levels of government, and horizontally applied across public and private sector actors and different types of immigrant destinations. The resultant policy should leverage public-private partnerships, drawing on the work of community-based nonprofit organizations, and the support of philanthropy, business, education, and faith-based institutions. If the federal government will not act, then cities, states, and civil society organizations must continue to work together to build an integration infrastructure from the bottom up....
Janice Fine and Gregory Lyon
Segmentation and the Role of Labor Standards Enforcement in Immigration Reform
Despite the fact that many low-wage, violation-ridden industries are disproportionately occupied by immigrants, labor standards and immigration reform have largely been treated as separate pieces of an otherwise interrelated puzzle. Not only is this view misguided, but this paper argues that strengthening labor standards enforcement would ensure that standards are upheld for all workers, immigrant and others. In addition, labor standards enforcement is instrumental to the erosion of sub-standard conditions in certain sectors, often referred to as the “secondary” labor market, that are associated with advanced market economies. Ensuring labor standards are upheld diminishes the incentive for employers to undercut wages by exploiting vulnerable workers, many of whom are immigrants. As this paper argues, strengthening enforcement must include not only “vertical” mechanisms, including strategic enforcement and penalizing and criminalizing egregious and repeated labor violators, but also “lateral” mechanisms, such as co-enforcement by workers and through worker and community organizations. The article illustrates the role of co-enforcement in labor standards through two case studies....
Zoya Gubernskaya and Joanna Dreby
US Immigration Policy and the Case for Family Unity
This paper reviews and critically evaluates the principle of family unity, a hallmark of US immigration policy over the past 50 years and the most important mechanism for immigration to the United States. Family unity is critical for promoting immigrant integration, social and economic well-being, and intergenerational mobility. However, several US policies and practices contribute to prolonged periods of family separation by restricting travel and effectively locking in a large number of people either inside or outside of the United States. Furthermore, increasingly aggressive enforcement practices undermine family unity for a large number of undocumented and mixed-status families....
John W. Harbeson
Mainstreaming Involuntary Migration in Development Policies
This essay addresses the issue of how best to insert migration concerns into development planning, as a part of a process of thinking more broadly about US migration policies and interests....
Donald Kerwin and Robert Warren
National Interests and Common Ground in the US Immigration Debate: How to Legalize the US Immigration System and Permanently Reduce its Undocumented Population
This paper identifies potential common ground in the US immigration debate, including the national interests that underlie US immigration and refugee policies, and broad public support for a legal and orderly immigration system that serves compelling national interests. It focuses on the cornerstone of immigration reform, the legal immigration system, and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population....
Philip Martin
Immigration Policy and Agriculture: Possible Directions for the Future
President Trump issued executive orders after taking office in January 2017 that could lead to the removal of many of the 11 million unauthorized foreigners, including one million who work in US agriculture. Agriculture in the western United States especially has long relied on newcomers to fill seasonal farm jobs. The slowdown in Mexico-US migration since 2008-09 means that there are fewer flexible newcomers to supplement the current workforce. Farm employers are responding with worker bonuses, productivity-increasing tools, mechanization, and guest workers. Several factors suggest that the United States may be poised to embark on another large-scale guest worker program for agriculture. If it does, farmers should begin to pay payroll taxes on the wages of guest workers. This will foster mechanization and development in the workers’ communities of origin if payroll taxes are divided equally between departing workers and commodity-specific boards to increase the competitiveness of production in the United States. The economic incentives provided by payroll taxes could help to usher in a new and better era of farm labor....
Pia M. Orrenius and Madeline Zavodny
Creating Cohesive, Coherent Immigration Policy
US immigration policy has serious limitations, particularly when viewed from an economic perspective. Some shortcomings arise from faulty initial design, others from the inability of the system to adapt to changing circumstances. In either case, a reluctance to confront politically difficult decisions is often a contributing factor to the failure to craft laws that can stand the test of time. This paper argues that, as a result, some key aspects of US immigration policy are incoherent and mutually contradictory — new policies are often inconsistent with past policies and undermine their goals. Inconsistency makes policies less effective because participants in the immigration system realize that lawmakers face powerful incentives to revise policies at a later date. It specifically analyzes US policies regarding unauthorized immigration, temporary visas, and humanitarian migrants as examples of incoherence and inconsistency. Lastly, this paper explores key features of an integrated, coherent immigration policy from an economic perspective and how policymakers could better attempt to achieve policy consistency across laws and over time....
Cristina Rodriguez
Enforcement, Integration, and the Future of Immigration Federalism
Given the density of the intergovernmental dynamics that shape the country’s immigration policy, it is imperative to develop a comprehensive strategy for immigration federalism. State and local involvement in immigration policy are varied but fall into two basic categories: 1) enforcement federalism, which concerns the extent to which localities should assist or resist federal removal policies, and 2) integration federalism, which encompasses measures designed to assist immigrants, regardless of status, to integrate in the United States. This essay offers four basic principles to frame any future federalism agenda on immigration. ...
Emily Ryo
The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance
This paper examines the importance of applying a subject-centered approach to understanding immigration noncompliance and to developing effective, ethical, and equitable immigration policies. In general, a subject-centered approach focuses on the beliefs, values, and perceptions of individuals whose behavior the law seeks to regulate. This approach has been widely used in non-immigration law contexts to produce a more nuanced understanding of legal noncompliance. By contrast, the subject-centered approach has been an overlooked tool in the study of immigration noncompliance. This paper argues that a subject-centered understanding of why people obey or disobey the law can advance public knowledge and inform immigration policy in important ways. Specifically, the paper considers how the use of this approach might help us: (1) recognize the basic humanity and moral agency of unauthorized immigrants, (2) appreciate not only direct costs of immigration enforcement policies, but also their indirect and long-term costs, and (3) develop new and innovative strategies to achieving policy goals....
Peter J. Spiro
Citizenship after Trump
This essay examines citizenship policy under the Trump presidency....
Julia G. Young
Making America 1920 Again? Nativism and US Immigration, Past and Present
This paper surveys the history of nativism in the United States from the late nineteenth century to the present. It compares the current surge in nativism with earlier periods, particularly the decades leading up to the 1920s, when nativism directed against southern and eastern European, Asian, and Mexican migrants led to discriminatory national origin quotas and other legislative restrictions on immigration. ...
Migration and Refugee Services/ United States Conference of Catholic Bishops, Center for Migration Studies
Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System
Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System addresses one of the most troubled features of the US immigration system and highlights the need for fundamental changes to it. The report recommends that the US immigrant detention system be dismantled and replaced with a network of supervised release, case management, and community support programs, designed to ensure court appearances. As the first step in this process, the report urges Congress to commission a comprehensive study on the benefits, challenges, cost, and time frame for creating a civil immigration detention system. It also proposes that the administration create a full menu of court compliance programs, with varying degrees of supervision, reporting, oversight and monitoring....
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JMHS Special Collection | The US Immigration System: Principles, Interests, and Policy Proposals to Guide Long-Term Reform
The Center for Migration Studies (CMS) announces the release of The US Immigration System: Principles, Interests, and Policy Proposals to Guide Long-Term Reform, a special collection of the Journal on Migration and Human Security (JMHS). The collection seeks to look beyond recent and current US immigration debates to outline a flexible,......
JMHS Special Collection | The Law That Begot the Modern US Immigration Enforcement System: IIRIRA 20 Years Later
The Center for Migration Studies (CMS) announces the release of The Law That Begot the Modern US Immigration Enforcement System: IIRIRA 20 Years Later, a special collection of the Journal on Migration and Human Security (JMHS). This collection assesses the multifaceted consequences of the Illegal Immigration Reform and Immigrant Responsibility Act of......
JMHS Special Collection | The US Refugee Protection System on the 35th Anniversary of the Refugee Act of 1980
The Center for Migration Studies (CMS) released, The US Refugee Protection System on the 35th Anniversary of the RefugeeAct of 1980: A Comprehensive Assessment of the System’s Strengths, Limitations,and Need for Reform, a special edition of CMS’s Journal on Migration and Human Security (JMHS). Authored by leading experts, the collection of 11 papers offers an exhaustive assessment and critique of the US refugee protection system, covering refugees, asylum seekers and refugee-like populations in need of protection. The series attempts to bring concentrated academic and policy attention to this pillar of US immigration and humanitarian programs and the broader international refugee protection system. The papers cover access to protection, refugee resettlement, political asylum, temporary protection, the stateless, migrants in crisis situations, unaccompanied minors, and other populations at risk. ...
Special Collection on Access to Justice, Due Process and the Rule of Law in Tribute to Juan Osuna
On November 15, 2018, CMS hosted an event on access to justice, due process and the rule of law to honor the legacy of Juan Osuna, a close colleague and friend who held high-level immigration positions in four administrations over a 17-year period. Prior to his government service, Mr. Osuna......
Multimedia
CMSOnAir | Daniela Alulema on the Contributions of DACA Recipients
Apr, 14 2021 Posted in CMSOnAirAs the Supreme Court heard oral arguments regarding the Trump administration’s efforts to terminate the DACA program, CMS released a paper offering detailed estimates about DACA recipients, their economic contributions, and their deep ties to US communities. The paper, which also features testimonies of several DACA recipients, was subsequently published in the Journal on Migration and Human Security (JMHS). In this episode, Daniela Alulema — who is author of the JMHS paper, CMS’s Director of Programs, and herself a DACA recipient — describes the paper’s findings, shares the stories of the DACA recipients, and outlines potential policy directions for the DACA program.
CMSOnAir | Jennifer Podkul on the Humanitarian Protection of Children
May, 06 2021 Posted in CMSOnAirIn this interview, Jennifer Podkul, the Vice President of Policy and Advocacy at Kids in Need of Defense (KIND), describes the United States’ recent history with respect to the humanitarian protection of children and offers an overview of the current situation at the US-Mexico border for child migrants. An international human rights lawyer and expert on child migration to the United States, Podkul recently testified before the House Committee on Homeland Security on the best practices for the care and protection of child migrants.
Podkul’s 2016 JMHS paper, “The Impact of Externalization of the Migration Controls on the Rights of Asylum Seekers and Other Migrants,” examined how the United States, Australia, and the European Union sought to prevent migrants and refugees from arriving at their borders to seek protection. One example presented in the paper is the Obama administration’s response to the increase in unaccompanied children in 2014. Podkul describes what has changed since the Obama administration with respect to the deterrence of child migrants and offers policy recommendations for the care and reception of child migrants.
CMSOnAir | Dora Schriro on Family Detention
May, 06 2021 Posted in CMSOnAirThis episode of CMSOnAir is the third in a series featuring academics, policymakers, and advocates who have written for the Center for Migration Studies’ (CMS) Journal on Migration and Human Security (JMHS).
In this interview, Dora Schriro speaks with Michele Pistone and Jack Hoeffner about family residential facilities and her 2017 paper, “Weeping in the Playtime of Others: The Obama Administration’s Failed Reform of ICE Family Detention Practices.” During the Obama administration, Schriro served as senior advisor to US Department of Homeland Security (DHS) Secretary Janet Napolitano and then as US Immigration and Customs Enforcement’s (ICE) first director of the Office of Detention Policy and Planning. She later served as a subject matter expert on the DHS Advisory Committee on Family Residential Facility formed by Secretary Jeh Johnson.
Schriro shares her insights on working to reform immigrant detention practices, the difference between criminal and civil detention, and the impact of family detention on parents. Schriro recommends a case management approach to the reception of families and suggests US Citizenship and Immigration Services (USCIS) as the first point of contact.