Law / Legislation

Law / Legislation

Address by Most Reverend Salvatore J. Cordileone, Archbishop of San Francisco

On March 13, 2019, Most Rev. Salvatore J. Cordileone, Archbishop of San Francisco, delivered a keynote address at the 2019 Catholic Immigrant Integration Initiative Conference at Santa Clara Law School in Santa Clara, California. In his remarks, Archbishop Cordileone discusses: the Catholic Church’s concern for men, women, and children “on the move”; common themes found throughout the Church’s pastoral vision and the conference goals; immigrant contributions; how changing US immigration and refugee polices are affecting Catholic institutions and integration efforts; and promising and successful programs and ministries with immigrants.

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Access to Counsel and the Legacy of 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...

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Access to Justice in a Climate of Fear: New Hurdles and Barriers for Survivors of Human Trafficking and Domestic Violence

Kathryn Finley, managing attorney for the Tahirih Justice Center’s greater Washington, DC office, writes on the particularly high hurdles and barriers faced by immigrant survivors of violence in accessing the US legal system. This paper relies on examples gathered from Tahirih Justice Center’s direct work with immigrant survivors of gender-based violence. It also reviews the dynamics of domestic violence, sexual assault, and human trafficking for immigrant victims, and the immigration remedies available to victims of these crimes. Additionally, this paper explores the detrimental impact of the administration’s enforcement initiatives on immigrant victims of crime and on public safety.

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Moving Away from Crisis Management: How the United States Can Strengthen Its Response to Large-Scale Migration Flows

This paper reviews the response of the US government to the growth in migration from Central America’s Northern Triangle states from 2011 to 2016. It also critiques the extreme border policies of the Trump administration, while recognizing that the failure of previous administrations to enact strategic, long-term changes in the US immigration system laid the groundwork for these policies. Finally, it reviews some of the lessons learned during the Obama administration on the need for a resilient and reformed immigration system.

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Is Regular Migration Safer Migration? Insights from Thailand

This paper challenges the assumption within international development programming that regular and orderly migration is also safer for migrants. Based on data collected from Cambodian, Burmese, Laotian, and Vietnamese labor migrants recently returned from Thailand, this paper illustrates the limits of regular migration to provide meaningfully “safer” experiences. It observes that migrant workers who move through legal channels do not systematically experience better outcomes. While regular migrants report better pay and working conditions than irregular migrants, they also systematically report working conditions that do not meet legal standards, and routinely experience contract substitution. Regular migrants also have a higher likelihood of experiencing exploitation, contract breaches, harassment, abuse, and involuntary return. These findings challenge mainstream development discourses seeking to promote safer migration experiences through expanding migration infrastructure. The paper recommends: 1) re-examining the conflation of “safe” with “regular and orderly” migration and advocating for practices that increase migrant safety, 2) focusing on broadening rights offered to migrant workers, and 3) strengthening and expanding oversight of labor standards and migrant regulations.

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Communities in Crisis: Interior Removals and Their Human Consequences

This paper examines the characteristics of deportees from the United States and the effects of deportation on deportees, their families, and their communities. It analyzes the findings from 133 interviews with deportees at a migrant shelter in Sonora, Mexico and interviews with family members of deportees and others affected by deportation in three Catholic parishes in the United States. These findings include: 1) the deportees had established long and deep ties in the United States, including strong economic and family ties, 2) deportation severed these ties and impoverished and divided affected families, 3) most deportees planned to return to the United States, and 4) the US deportation system treated deportees as criminals and the Trump administration sought to instill fear in immigrant communities. The paper concludes with 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.

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2018 Due Process Conference – Closing
 On November 15, 2018, the Center for Migration Studies (CMS) held an all-day event honoring the legacy of Juan P. Osuna, an exemplary public servant, lawyer, scholar and friend. As Director of the Executive Office for Immigration Review (EOIR)...

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