Law / Legislation

Law / Legislation

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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What’s Wrong with Temporary Protected Status and How to Fix It

This paper evaluates the purpose and effectiveness of the Temporary Protected Status (TPS) statute and identifies inadequacies in the TPS regime and related protection gaps in the US asylum system. It argues that TPS has not proven to be an effective mechanism for the United States to protect foreigners from generalized conditions of danger in their home countries. It calls for changing the US protection regime to make it more responsive to the risks many asylum seekers actually face by creating a broader “complementary protection” standard and a more effective procedure for assessing individual protection claims, while reserving “temporary protection” for rare situations of mass influx that overwhelm the government’s capacity to process individual asylum claims. Considering alternative models for complementary protection from other jurisdictions, this article proposes that the United States adopt an individualized complementary protection standard for arriving asylum seekers who are not able to meet the 1951 Refugee Convention standard but who would face a serious threat to life or physical integrity if returned because of a real risk of (1) cruel, inhuman, or degrading treatment or punishment; (2) violence; or (3) exceptional situations, for which there is no adequate domestic remedy.

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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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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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Universal Representation: Systemic Benefits and the Path Ahead

This paper describes the genesis and expansion of the universal representation model for persons facing removal from the United States.  This public defender-like system — which takes different forms in different communities – is based on the idea that indigent individuals should be entitled to counsel regardless of the apparent merits or political palatability of their cases.  The paper describes the benefits of such systems, such as a fairer process for persons facing removal, a more just and efficient immigration adjudication system, and strengthened communities. It also considers challenges regarding the criteria for representation, the need for context-specific models, possible restrictions on representation, and expansion to additional populations, particularly non-detained persons. An overarching challenge in “universal” representation models is to choose the category of persons in removal proceedings who are most in need, most deserving, or who will gain the greatest relative benefit from representation.  The paper concludes that the more than 15 existing or soon-to-launch universal representation programs provide a clear picture of the limitations and eligibility restrictions likely to appear as the movement progresses.

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Deterrence without Protection of Asylum Seekers
On July 16, the Trump Administration issued a new rule that would significantly reduce the number of persons granted asylum in the United States. It bars consideration of asylum applications from those who transit through countries (other than their own)...

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Do Immigrants Threaten US Public Safety?

This paper addresses a prominent issue in the US immigration debate; that is, whether immigrants, particularly those without status, are more likely than US natives to commit crimes and to pose a threat to public safety.  It find that immigrants are less likely than similar US natives to commit violent and property crimes, and that communities with more immigrants have similar or lower rates of violent and property crimes than those with fewer immigrants. The few studies on the criminal behavior of unauthorized immigrants suggest that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants. Legalization programs, in turn, have been found to reduce crime rates, while increased border enforcement has mixed effects on crime rates. It concludes that a legalization or similar program have more potential to improve public safety and security than several other policies that have recently been proposed or implemented.

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The Effects of Immigration Enforcement on Faith-Based Organizations: An Analysis of the FEER Survey

This paper analyzes the impact of the Trump administration immigration policies on Catholic organizations, presenting the results of CMS’s Federal Enforcement Effect Research (FEER) Survey. It finds that US policies in the Trump era have significantly increased immigrant demand for the services provided by Catholic institutions and, in general, that these institutions have expanded their services in response. However, 59 percent of respondents – the highest total for this question – identified “fear of apprehension or deportation” as “negatively” impacting immigrants’ access to their services. In addition, 57 percent reported that immigration enforcement has “very negatively” or “somewhat negatively” affected the participation of immigrants in their programs or ministries. The FEER Survey illustrates the need for broad immigration reform. It shows that the status quo prevents immigrants from accessing the services they need and it impedes people of faith from effectively exercising their religious convictions on human dignity, protection, and service to the poor and vulnerable.

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