Governance

Governance

Implementation of the Global Compact on Safe, Orderly, and Regular Migration: A Whole-of-Society Approach

This is the third of three JMHS papers on the implementation of different aspects of the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). The papers have been produced by three think-tanks – the Scalabrini Migration Center (SMC) in Manila, covering the Asia-Pacific region, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in Cape Town, and the Center for Migration Studies of New York (CMS). This paper argues that nations are best served by partnering with a wide range of societal actors to implement the objectives of the GCM. Such civil society actors may include non-profit organizations, faith-based groups, the private sector, trade unions, and academia, among other relevant stakeholders. Each of these actors brings unique strengths to the implementation of the GCM, filling gaps in the care and protection of migrants. They perform tasks that governments are unable or unwilling to undertake, especially in the area of irregular migration. A “whole-of-society” approach is the most effective method for managing migration humanely and in concert with the rule of law.

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The Use of Executive Orders and Proclamations to Create Immigration Policy: Trump in Historical Perspective

This article examines presidential immigration policy making through executive orders (EOs) and proclamations. It finds that Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. However, his immigration-related EOs and proclamations diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, one percent of all EOs and proclamations have been immigration related, compared to eight percent of Trump’s EOs and 2.4 percent of Trump’s proclamations. In a sharp departure from previous presidents, a greater share of Trump’s EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that Congress reassert its power over US immigration law and policy.

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Not for Adults Only: Toward a Child’s Lens in Migration Policies in Asia

This is the first of three JMHS papers that will be released this month on implementation of different aspects of the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). The papers have been produced by three think-tanks – the Scalabrini Migration Center (SMC) in Manila, covering the Asia-Pacific region, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in Cape Town, and the Center for Migration Studies of New York (CMS) – that belong to the global network of Scalabrini Migration Study Centers (SMSC). This paper by SMC provides an overview of the challenges faced by children as migration actors. It considers the policy responses and programs that select countries in East, South, and Southeast Asia have developed to address children’s experiences and concerns in the context of the GCM and GCR. Many Asian countries have endorsed the Compacts, which set forth objectives, commitments, and actions informed by the principle of promoting the best interests of the child. They also call for states to promote universal birth registration, to enhance access to education, health and social services regardless of legal status, and to create inclusive and socially cohesive societies. Most countries in Asia have yet to meet these standards. Endorsing the two Compacts, however, was a first step. The good practices that have been implemented in a number of Asian countries, the paper argues, provide a template for how to translate the Compacts’ objectives into action and how to ensure that the full protection and best interests of migrant children, the left-behind children of migrant workers, and those who are part of multicultural families remain a priority.

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Statelessness in West Africa: An Assessment of Stateless Populations and Legal, Policy, and Administrative Frameworks in Ghana

Drawing on qualitative interviews that are complemented by the analysis of government policy documents, this study examines statelessness in Ghana. It addresses a range of policy, legal, institutional, administrative, and other politico-socioeconomic matters attendant to the concept. The study defines statelessness in its strict legal sense. It recognizes populations at risk of statelessness that may be restricted from benefiting from the protection and privileges of their host state. Persons identified by the study as stateless or at risk of statelessness include persons from traditionally nomadic migratory communities, former refugees, persons residing in border communities, members of Zongo communities, trafficked persons, and those affected by gaps in previous constitutions. The study also identifies the consequences of statelessness, including lack of access to healthcare, education, justice, and work. The study offers several recommendations to prevent and reduce statelessness in Ghana.

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Steven W. Bender of Seattle University School of Law reviews The Politics of Compassion: Immigration and Asylum Policy by Ala Sirriyeh. Addressing questions of loss, (be)longing, fears of an immigration ‘invasion’ or perceived injustices in immigration policies, Sirriyeh explores how...

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