Enforcement

Enforcement

Disrupting the Traffic Stop-to-Deportation Pipeline: The New York State Greenlight Law’s Intent and Implementation

This article analyzes the traffic stop-to-deportation pipeline in New York State, how it harms children of immigrants, and how New York’s Greenlight Law seeks to disrupt it but has been hobbled by an implementation gap. It first establishes the phenomenon of the traffic stop–to-deportation pipeline by documenting how traffic stops are a key cause of deportations in New York State. Second, it analyzes how the pipeline harms (mostly US citizen) children of undocumented immigrants in New York State, who are more than 7 percent (more than 300,000) of New York State’s children. The pipeline makes these children fear and mistrust the police; harms their educational, social, and brain development; and consumes family income with the Mexican driver tax (costs incurred because parents could not get a driver’s license). Third, the article analyzes how the Greenlight Law should help remedy these harms, and how an implementation gap leaves many parents and children vulnerable to the pipeline. The implementation gap is partly due to the pandemic but also driven by political and other factors that could be addressed by policy. Finally, the article analyzes how variation in implementing the Greenlight Law could leave the pipeline undisrupted and lead to unequal protection of the law by place in New York State. The article makes policy recommendations for stronger enactment to reduce the pipeline’s harms.

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The Migration-Related Legacy of the 9/11 Attacks: Positive Security Reforms and Scapegoating Those in Need of Protection

The terrorist attacks on September 11, 2001 caused the deaths of 2,996 people, injured more than 6,000, and left countless others mourning the loss of loved ones. New security measures since the attacks have altered the US immigration and refugee systems. These changes include more intensive screening and vetting of those seeking admission, the creation of the Department of Homeland Security (DHS), heightened enforcement at the US-Mexico border, and expanded grounds of inadmissibility.

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CMSOnAir | Dora Schriro on Family Detention

This 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.

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The CRISIS Survey: The Catholic Church’s Work with Immigrants in the  United States in a Period of Crisis

The CRISIS Survey documents the reach, diversity, and productivity of Catholic institutions that work with immigrants and refugees during a pandemic that has particularly devastated their communities and an administration whose policies and rhetoric made their work far more difficult. At a time of rampant “Catholic decline” narratives, the survey also documents the reach, vitality, and relevance of Catholic immigrant-serving institutions. It identifies the obstacles encountered by immigrants in accessing Catholic programs and ministries – both organizational (funding, staffing, and siting) and exogenous (federal policies, the pandemic, and community opposition). It underscores the threat posed by US immigration policies to immigrants and to the work of Catholic institutions.

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Migration Management and Changes in Mobility Patterns in the North and Central American Region

Since the beginning of the twenty-first century, changes have occurred in the regional dynamics of international migration and in the ways governments manage human mobility. This article argues that the migratory system connecting the three northern countries of Central America (Guatemala, El Salvador, and Honduras) with Mexico and the United States has not been accompanied by regional management of migratory flows. Instead, a succession of government plans and projects reveals a perspective marked by the effects of the “externalization” of US borders, leading to more complex migration routes and increased vulnerability of migrants. The article discusses how externalized control policies influence migratory spaces, routes, and timelines, and leave many stranded in transit countries before they eventually arrive at their intended destinations. Reconsidering the process of mobility in light of migration management policies would appropriately enlarge the traditional economic, social, cultural, and environmental factors that affect migration strategies.

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Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers

On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”

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Real Needs, Not Fictitious Crises Account for the Situation at US-Mexico Border

The number of unaccompanied children and asylum-seekers crossing the US-Mexico border in search of protection has increased in recent weeks. The former president, his acolytes, and both extremist and mainstream media have characterized this situation as a “border crisis,” a self-inflicted wound by the Biden administration, and even a failure of US asylum policy. It is none of these things. Rather, it is a response to compounding pressures, most prominently the previous administration’s evisceration of US asylum and anti-trafficking policies and procedures, and the failure to address the conditions that are displacing residents of the Northern Triangle states of Central America (El Salvador, Guatemala, and Honduras), as well as Venezuela, Cuba, Haiti and other countries. In Central America, these conditions include:

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The Household Financial Losses Triggered by an Immigration Arrest, and How State and Local Government Can Most Effectively Protect Their Constituents

Through a survey of 125 long-term resident households in Pima County, Arizona, this study finds that an immigration arrest costs each household an average of more than $24,000. These costs accumulate through the value of assets seized and not recovered, out-of-pocket costs for hiring an attorney, immigration bond, and other expenses involved in supporting an immediate family member as they navigate the immigration court system. But they also include lost income due to disruptions to employment resulting from the arrest, and a physical inability to work while in detention, appearing in court, and immediately following deportation. In this article, we discuss how, when measured at the scale of the household, these financial costs fail to discriminate according to immigration or citizenship status, and accumulate to affect issues of poverty, education, housing security, health and development, and generational wealth inequality — all matters of sustained interest to state and local government. In the second half of the article, we draw on our research findings to evaluate various policies that states, counties, and municipalities can implement to mitigate these financial burdens while promoting the overall well-being of their constituents. Policies considered include:

  • The “Immigrant Welcoming City” paradigm
  • The limitation of routine cooperation and custody transfer between local and federal law enforcement
  • Expanding access to permissible forms of identification
  • Universal representation for immigration defendants
  • The cultivation of community bond funds
  • The promotion of worker-owned cooperatives

Although these kinds of state or local initiatives cannot replace meaningful federal action on immigration reform, they can do much to provide relief and promote economic security for established immigrant and mixed-status families living in the United States, while contributing to overall community well-being and economic vitality.

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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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Being Black and Immigrant in America

Black Lives Matter and that includes the lives of Black immigrants.  Although the narrative around immigration usually focuses on Latinx people crossing the southern border from countries such as Mexico, Guatemala, Nicaragua, or Honduras, black immigrants from these countries, from the Caribbean, and from Africa comprise a significant and growing part of the story of immigration in the United States.

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