Articles
Volume 8, 2020
Raymond A. Atuguba, Francis Xavier Dery Tuokuu, Vitus Gbang
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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Ricardo Gomez, Bryce Clayton Newell, Sara Vannini
Empathic Humanitarianism: Understanding the Motivations behind Humanitarian Work with Migrants at the US–Mexico Border
This paper sets forth a typology to better understand the motivations of volunteers working to help migrants at the US-Mexico border who are in need of humanitarian assistance. The typology is centered on empathic concern, differentiating secular/faith-based motivations, and deontological/moral-virtue motivations. It offers four categories of humanitarian volunteers: the Missionary Type, the Good Samaritan Type, the Do Gooder Type, and the Activist Type. And, it sets forth additional self-centered (non-altruistic, or not-other-centered) types: Militant, Crusader, Martyr, and Humanitarian Tourist. This typology can help organizations working with migrants and refugees better understand and channel the enthusiasm of their volunteers and better meet the needs of the vulnerable populations they serve.
...Volume 7, 2019
Daniela Alulema
DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries
In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This paper provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. Beyond its statistical portrait, the paper provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.
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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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Lindsay Nash
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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Paul Wickham Schmidt
An Overview and Critique of US Immigration and Asylum Policies in the Trump Era
This paper critiques US immigration and asylum policies from perspective of the author’s 46 years as a public servant. It also offers a taxonomy of the US immigration system by positing different categories of membership: full members of the “club” (US citizens); “associate members” (lawful permanent residents, refugees and asylees); “friends” (non-immigrants and holders of temporary status); and, persons outside the club (the undocumented). It describes the legal framework that applies to these distinct populations, as well as recent developments in federal law and policy that relate to them. It also identifies a series of cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and Constitutional rights that extend to non-citizens. It makes the following asylum reform proposals, relying (mostly) on existing laws designed to address situations of larger-scale migration:
- The Department of Homeland Security (DHS) and, in particular, US Citizenship and Immigration Services (USCIS) should send far more Asylum Officers to conduct credible fear interviews at the border.
- Law firms, pro bono attorneys, and charitable legal agencies should attempt to represent all arriving migrants before both the Asylum Office and the Immigration Courts.
- USCIS Asylum Officers should be permitted to grant temporary withholding of removal under the Convention Against Torture (CAT) to applicants likely to face torture if returned to their countries of origin.
- Immigration Judges should put the asylum claims of those granted CAT withholding on the “back burner” — thus keeping these cases from clogging the Immigration Courts — while working with the UNHCR and other counties in the Hemisphere on more durable solutions for those fleeing the Northern Triangle states of Central America.
- Individuals found to have a “credible fear” should be released on minimal bonds and be allowed to move to locations where they will be represented by pro bono lawyers.
- Asylum Officers should be vested with the authority to grant asylum in the first instance, thus keeping more asylum cases out of Immigration Court.
- If the Administration wants to prioritize the cases of recent arrivals, it should do so without creating more docket reshuffling, inefficiencies, and longer backlogs.
Shannon Doocy, Kathleen R. Page, Fernando de la Hoz, Paul Spiegel, and Chris Beyrer
Venezuelan Migration and the Border Health Crisis in Colombia and Brazil
The Venezuelan economic, political and health crisis has triggered an exodus of Venezuelans to countries throughout the region. As of early 2019, an estimated 3.4 million Venezuelans had fled to other countries in the region and beyond. The paper reports on the findings and recommendations from public health missions undertaken in the summer of 2018 to two communities that have received large numbers of Venezuelans: (1) Cúcuta, in the Colombian border state of North Santander, and; (2) Bôa Vista and Pacaraima, in the state of Roraima, Brazil. These studies included interviews with health providers and organizations engaged in the humanitarian response, secondary analysis of grey literature, and data shared by key informants. Surveillance data demonstrated increases in infectious diseases, as well as adverse maternal and neonatal health outcomes among Venezuelans in both North Santander and Roraima. The paper finds that while the Colombian and Brazilian government responses to the immediate needs of Venezuelans have been admirable, they are not sustainable. In particular, there is an urgent need for an expanded humanitarian response to the Venezuelan migrant crisis in the region, particularly to address health needs where surveillance data shows recent and rapid rises in infectious diseases, acute malnutrition, and poor maternal and neonatal health outcomes. It reports that lack of access to preventative and primary care and inadequate funding of life-saving emergency care could result in a health crisis for Venezuelans in Colombia and could impact public health more broadly if not addressed through a more comprehensive and adequately funded humanitarian response. In Brazil, there is a need to invest in integration programs to improve the health and wellbeing of Venezuelans who have fled their country, with sensitivity to the needs of receiving communities, especially those who are underserved, in order to minimize resentment from the local population. This complex and costly process, the paper concludes, will require political will and financial support from neighboring countries, and the international community at large. In the longer term, however, only a resolution of the complex health and humanitarian crisis within Venezuela itself will address these transnational threats to health in the region.
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Rebecca Galemba, Katie Dingeman, Kaelyn DeVries, and Yvette Servin
Paradoxes of Protection: Compassionate Repression at the Mexico–Guatemala Border
This paper analyzes data from migrant shelters — including 16 qualitative interviews with migrants and shelter staff, and 118 complaints of abuse — in the Mexico-Guatemala border region. It documents and analyzes the nature, location, and perpetrators of these alleged abuses. It uses a framework of “compassionate repression” (Fassin 2012) to examine the obstacles that migrants encounter in denouncing abuses and seeking protection. It argues that while Mexican humanitarian visas can provide protection for abuses committed in Mexico, the visas are limited by their temporary nature, by being nested within a migration system that prioritizes removal, and by recognizing only crimes that occur in Mexico. It finds that the paradox between humanitarian concerns and repressive migration governance in a context of high impunity shapes institutional and practical obstacles to reporting crimes, receiving visas, and accessing justice. The paper recommends that the Mexican government address these problems through: 1) further funding for the special prosecutors’ offices that investigate crimes against migrants; 2) the creation of an independent agency that approves and issues humanitarian visas; 3) work permits for humanitarian visa recipients; and 4) allowing complaints to be filed for crimes committed in countries in transit to Mexico.
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Pia Orrenius and Madeline Zavodny
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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Donald Kerwin and Mike Nicholson
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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Donald Kerwin and Robert Warren
Fixing What’s Most Broken in the US Immigration System: A Profile of the Family Members of US Citizens and Lawful Permanent Residents Mired in Multiyear Backlogs
This paper offers estimates and a profile of the 1.55 million US residents potentially eligible for a family-based immigration visa based on a qualifying relationship to a US citizen or lawful permanent resident (LPR) living in their household. It finds that this population – which is strongly correlated to the 3.7 million persons in family-based visa backlogs – has established long and strong roots in the United States, with US-born citizen children, mortgages, health insurance, and median income and labor force participation rates that exceed those of the overall US population. The paper offers several recommendations to reduce family-based backlogs. First, it calls for Congress to pass and the administration to implement legislation that provides a path to LPR status for persons in long-term backlogs. This legislation should: 1) define the spouses and minor unmarried children of LPRs as “immediate relatives” not subject to numerical limits, 2) not count the derivative family members of principal visa beneficiaries against per country and annual quotas, and 3) raise per country caps. The administration should also re-issue the visas of legal immigrants who emigrate each year, particularly those who formally abandon LPR status. Finally, Congress should also advance the cutoff date for the US registry program.
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Geoffrey Alan Boyce, Samuel N. Chambers, and Sarah Launius
Bodily Inertia and the Weaponization of the Sonoran Desert in US Boundary Enforcement: A GIS Modeling of Migration Routes through Arizona’s Altar Valley
This paper explores the impact of the US Border Patrol’s strategy of “Prevention Through Deterrence” along unauthorized migration routes in the Sonoran Desert. Using Geographic Information System (GIS) modeling of the Sonoran Desert, Arizona, and an analysis of comprehensive activity logs of the use of clean drinking water along migration routes between 2012 to 2015, it finds that migration routes shifted to increasingly rugged and more dangerous terrain. Coupled with everyday interference with clean drinking water sites provided by humanitarian organizations, this deterrence policy maximizes the physiological harm experienced by unauthorized migrants. It also explains the persistence of mortality of unauthorized migrants, and the increase in the rate of mortality over time. The paper concludes with several policy recommendations for US Customs and Border Protection, including: 1) making interference by border officials and vandalism of humanitarian aid a fireable offense; 2) the formation of a border-wide agency tasked with search-and-rescue and emergency medical response; and 3) ending Prevention Through Deterrence as a nationwide strategy.
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Robert Warren
US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year
This paper finds that the US undocumented population from Mexico declined by 1.3 million people from 2010 to 2017, including a decrease of 400,000 from 2016 to 2017. For the first time ever, Mexican nationals constitute less than half of the total US undocumented population. The paper also finds that visa overstays contributed significantly more to the population of newly undocumented residents than illegal border crossers from 2010 to 2017. It recommends that the administration and Congress work together to: 1) provide more resources to the US Department of State for their visa-issuance work and 2) pass legislation to legalize the DREAM-Act eligible population, long-term Temporary Protected Status beneficiaries, and “intending immigrants” with US citizen or lawful permanent resident family members. These findings reveal a disconnect between public discourse on the border wall and empirical data, and argue for more nuanced and evidence-based responses to undocumented migration.
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Maryann Bylander
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.
...Volume 6, 2018
Kino Border Initiative, Center for Migration Studies of New York, and the Office of Justice and Ecology, Jesuit Conference of Canada and the United States
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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Donald Kerwin
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
From IIRIRA to Trump: Connecting the Dots to the Current US Immigration Policy Crisis
This paper examines the effects of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It traces the evolution of US immigration law and policy from IIRIRA’s implementation, to recent measures that seek to diminish legal immigration, restrict access to the US asylum system, reduce due process protections for non-citizens in removal proceedings, criminalize immigration violations, and expand the role of states and localities in immigration enforcement. The paper draws from a collection of papers published in the Journal on Migration and Human Security on IIRIRA’s multi-faceted consequences, as well as extensive legal analysis of IIRIRA and the current administration’s immigration agenda. ...
Marianne L. Bowers and Daniel E. Chand
An Examination of Wage and Income Inequality within the American Farmworker Community
This article explores the reasons for earning inequalities among farmworkers in the United States and finds that legal status, rather than foreign birth, predicts lower earnings. Using national data from the Department of Labor’s National Agricultural Worker Survey, the paper analyzes differences in earnings based on factors such as gender, youth, being foreign-born, being unauthorized, being a migrant worker, or being a border region worker. It finds that gender and youth are the most reliable predictors of lower farmworker earnings, and that seasonal farmworkers are among the lowest earning workers. It also confirms that workers lacking authorized status earn less than those who have legal status but surprisingly finds that foreign-born US citizens actually earn more than their US-born counterparts. It recommends the following state and local policies to decrease inequality in earnings for farmworkers: 1) raise the minimum wage, 2) expand compensation coverage, 3) expand overtime laws to cover farmworkers, 4) improve living conditions for onsite farmworkers, and 5) create collective bargaining rights for farmworkers. Federal policies should also increase legalization opportunities for farmworkers as this will positively affect pay and working conditions....
Jacqueline Maria Hagan, Ricardo Martinez-Schuldt, Alyssa Peavey, Deborah M. Weissman
Family Matters: Claiming Rights across the US-Mexico Migratory System
Despite the fact that family unity is a core goal of the US immigration system, various US immigration policies prolong and force family separation. This paper examines the process by which Mexican binational families assert their legal rights to family unity through the mediating role of Mexican consulates. The paper analyzes an administrative database within the Mexican consular network that documents migrant legal claims resulting from family separation (particularly child support and custody claims), along with findings from 21 interviews with consular staff and community organizations in El Paso, Raleigh, and San Francisco. It finds that the resolution of binational family claims is, in part, dependent on the institutional infrastructure that has developed at local, state, and federal levels, as well as on the capacity of receiving and sending states and the binational structures they establish. The paper recommends collaboration in identifying areas of strengths and weaknesses within consular networks; development of formal protocols for consular staff and officials to work with government agencies, nongovernmental organizations, and lawyers in resolving legal claims; limiting the role of local officials in the enforcement of US immigration law; and sharing the best practices of the Mexican consular network with consulates from other countries.
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Jeanne M. Atkinson, Tom K. Wong
The Case for a National Legalization Program without Legislation or Executive Action
This paper presents the results of a study that finds that as many as two million unauthorized immigrants in the United States could have a path to permanent legal status. However, these immigrants may not know that they are eligible for legal status or be able to afford the costs. The two million figure is drawn from an analysis of data on 4,070 screened unauthorized immigrants from 12 states. The study highlights the profound impact that a national project to screen for legal status would have on the US unauthorized population, mixed-status families, and US communities, including growth in home ownership and increased tax revenues. The paper recommends the following: (1) a massive, nationwide legal screening and legalization effort; (2) a substantial increase in high-quality, low-cost legal service providers; (3) increased legal training focused on immigration law and eligibility screening; and (4) extensive community outreach and education, especially among under-resourced populations.
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Denise Gilman and Luis A. Romero
Immigration Detention, Inc.
This paper demonstrates the influence of economic inequality on system-wide US immigration detention policy and on individual detention decisions. The paper describes how for-profit prisons have impacted the immigration system through promoting wide-scale detention, which has led to increased profitability in the private prison sector and influence over policymakers. Next, it details the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases, through policies of keeping detention beds full and the use of monetary bond requirements for release from detention. The paper raises troubling issues of democratic governance and the commodification of traditional governmental functions. It concludes with recommendations for reform, including lessening the use of private prison companies for immigration detention, promoting the presumption of liberty in the immigration detention system to push back against large-scale detention, and reducing the use of monetary bond requirements as a condition of release. ...
Nadia Y. Flores-Yeffal and Karen A. Pren
Predicting Unauthorized Salvadoran Migrants’ First Migration to the United States between 1965 and 2007
This paper seeks to understand the predictors of first undocumented migration from El Salvador to the United States and makes policy recommendations in response to one of the most important migratory flows from Latin America. Findings suggest that an increase in civil violence and a personal economic crisis increased the likelihood of first time undocumented migration to the United States between 1965 and 2007. Salvadorans who were less likely to take a first undocumented trip were business owners, those employed in skilled occupations, and persons with more years of experience in the labor force. An increase in the Border Patrol budget and the high unemployment rate in the United States deterred the decision to take a first undocumented trip. Having contacts in the United States is not the main driver of the decision to start a migration journey to the United States. The paper recommends that the United States awards Salvadorans more work-related visas and asylum protection, and grants permanent residency to those who formerly had Temporary Protected Status. Recommendations for the Salvadoran government include investing in high-skilled job training in order to discourage out-migration. ...
Maurizio Albahari
From Right to Permission: Asylum, Mediterranean Migrations, and Europe’s War on Smuggling
This paper analyzes Mediterranean migrant smuggling and European anti-smuggling efforts. It argues that European deterrence, containment, and anti-smuggling policies have proven ineffective and costly. It makes the case that the “war on smuggling” has provided a rationale for immigration containment, contributes to migrant vulnerability, and erodes the right to seek asylum. It proposes that European and other liberal-democratic states create policies that build on migrant agency and local civic engagements; enhance and expand family reunification, refugee resettlement, study visas and temporary protection; reverse anti-asylum policies; and set labor immigration quotas that protect worker’s rights and reflect the demands of their labor markets....
Ruth Ellen Wasem
Immigration Governance for the Twenty-First Century
The system of US immigration governance is administered by several agencies and departments across the federal government, with no clear chain of command or single department that captures the reach of the Immigration and Nationality Act. This paper studies the administration of immigration law and policy while looking towards immigration governance for the future. It opens with a historical overview that provides the backdrop for the current fragmented system of immigration governance. It then breaks down the missions and functions of the Immigration and Nationality Act by the lead agencies tasked with these responsibilities. The paper concludes with an analysis of options for improving the current system, such as: reorganizing and expanding governance by creating an Interagency Council on Immigration interagency; consolidating governance by creating an independent immigration agency; or tweaking the current system through critical reforms....
Melina Juárez, Bárbara Gómez-Aguiñaga and Sonia P. Bettez
Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation
This paper argues that the Illegal Immigration Reform and Immigrant Responsibility’s (IIRIRA) detention mandate, special interest groups, and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. It discusses the implications of the growth in immigrant detention for human rights, legislative representation, and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? Does the rapid increase in detention pose challenges or risks to democracy? The paper uses a unique dataset to reveal that major restrictive federal immigration policies such as IIRIRA and the increasing federal immigration enforcement budget have had a significant impact on immigrant detention rates. Based on these findings, the paper recommends: 1) increased transparency and accountability in data management from the Department of Homeland Security and on lobbying expenditures from for-profit detention corporations, 2) the repeal of mandatory detention laws, and 3) the repeal of the Congressional detention bed mandate.
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Donald Kerwin and Robert Warren
DREAM Act-Eligible Poised to Build on the Investments Made in Them
This paper outlines the results of a study on young immigrants, known as the Dreamers, who would be eligible for conditional permanent status under the DREAM Act of 2017. The study paints a portrait of a highly productive, integrated group of young Americans, who are deeply committed to the United States and poised to make — with status and time — even more substantial contributions to the communities that have invested in them. These investments include $150 billion that states and localities have to date spent on the education of Dreamers. The paper highlights potential DREAM Act recipients’ large numbers, prevalence throughout the country, high levels of employment and self-employment, long residence, US families, English language proficiency, and education levels. It argues that with time and, particularly, with a path to citizenship, the Dreamers would be able to contribute significantly more to their communities. Finally, the study finds that a large number of Temporary Protected Status (TPS) recipients, who will soon lose this status, would qualify for relief under the DREAM Act.
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Leah Zamore
Refugees, Development, Debt, Austerity: A Selected History
Global policymakers agree that a major challenge facing refugees is their treatment as a short-term humanitarian problem rather than also as a long-term development challenge. This paper agrees that refugees constitute a development challenge, but it argues that certain development policies have contributed to the status quo of refugee poverty and marginalization in the first place. The paper places particular emphasis on policies of austerity and of laissez-faire. In their stead, it argues in favor of policy approaches that are egalitarian and redistributive, and that emphasize refugees’ economic and social rights....
Patrisia Macías-Rojas
Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) continues to shape debates on the relationship between immigration and crime. This paper considers the ways in which the War on Crime — specifically mass incarceration policies — reshaped the immigration debate. Through a historical analysis of the policies leading up to IIRIRA, this paper sheds light on the under-studied role that crime politics of the Republican and the Democratic parties alike played in shaping IIRIRA by linking unauthorized migration with criminality and laying the groundwork to track, detain, and deport broad categories of immigrants, not just those with criminal convictions....
Volume 5, 2017
Kevin Appleby
Strengthening the Global Refugee Protection System: Recommendations for the Global Compact on Refugees
With a record 65 million displaced persons in the world, the United Nations has launched a two-year process to develop a stronger protection regime for refugees, the Global Compact on Refugees. This paper draws from the Center for Migration Studies’ special collection of papers on strengthening the global refugee protection system to outline broad themes and specific recommendations that the Global Compact on Refugees should adopt. The recommendations fall into five areas: (1) responsibility sharing for the protection of refugees; (2) filling in protection gaps, such as the use of temporary protection measures for populations fleeing natural disaster; (3) balancing and replacing deterrence strategies with protection solutions, such as the adoption of model processes that ensure safe and voluntary return; (4) refugee resettlement, including the goal of resettling 10 percent of the global refugee population each year; and (5) building refugee self-sufficiency. ...
Robert Warren
DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year
This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS). It finds that DHS has overstated the number of people from roughly 30 counties who have overstayed their temporary visas, half of them participants in the US Visa Waiver Program (VWP). In particular, the DHS estimates for 2016 include significant numbers of temporary visa holders who left the undocumented population, but whose departure could not be verified. Thus, the actual number of visa overstays in 2016 was about half of the number estimated by DHS. The paper also shows that the population growth of visa overstays was near zero in 2016 after adjusting DHS estimates to account for unrecorded departures. The country-specific figures in this paper should help DHS improve verification of departures of temporary visitors and also to reassess decisions about admission to the VWP.
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Matthew Lorenzen
The Mixed Motives of Unaccompanied Child Migrants from Central America’s Northern Triangle
This paper examines the mixed-motive migration of unaccompanied minors from Central America’s Northern Triangle states (Guatemala, Honduras, and El Salvador). Using data from a 2016 survey carried out in 10 shelters for unaccompanied child migrants run by a Mexican government child welfare agency, the paper identifies the immigrating minor’s motives, which are oftentimes mixed. Some of the key findings include:
- Around one-third of the child migrants surveyed had mixed motives, including both forced and voluntary reasons for migrating.
- Violence appears most often as a reason for migrating among minors with mixed motives, as opposed to the search for better opportunities, which appears more often as an exclusive motive.
- Significant differences between the three nationalities are observed: relatively few Guatemalan minors indicated violence as a motive, and few displayed mixed motives, as opposed to Hondurans, and especially Salvadorans.
- The minors fleeing violence, searching for better opportunities, and indicating both motives at the same time were largely mature male adolescents. The minors mentioning family reunification as their sole motive were predominantly girls and young children.
- Violence was the motive that mixed the most with other motivations.
The results indicate that binary formulations regarding forced and voluntary migration are often inadequate. The implications of these findings include the need to consider forced reasons for migrating in the context of mixed-motive migration, the need for in-depth, individual asylum screening, and the need for more flexible policy approaches that are inclusive of mixed-motive migration.
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Alexander Betts, Naohiko Omata, and Louise Bloom
Thrive or Survive? Explaining Variation in Economic Outcomes for Refugees
Despite a growing literature on the economic lives of refugees, much of that work has lacked theory or data. The work that has been quantitative has generally focused on the economic impact of refugees on host countries rather than explaining variation in economic outcomes for refugees. This paper seeks to explain variation in economic outcomes for refugees by asking three questions about the economic lives of refugees: 1) what makes the economic lives of refugees distinctive from other populations; 2) what explains variation in refugees’ income levels; and 3) what role does entrepreneurship play in shaping refugees’ economic outcomes? To answer these questions, the paper draws upon extensive qualitative and quantitative research conducted in Uganda. The quantitative data set is based on a survey of 2,213 refugees in three types of contexts: urban (Kampala), protracted camps (Nakivale and Kyangwali settlements), and emergency camps (Rwamwanja). The paper concludes that supporting refugees’ capacities rather than solely addressing their vulnerabilities offers an opportunity to rethink assistance in ways that are more sustainable for refugees, host states, and donors....
Leisy Abrego, Mat Coleman, Daniel E. Martínez, Cecilia Menjívar, Jeremy Slack
Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era
Criminalizing immigrants has underpinned US immigration policy over the last several decades. This paper examines the processes of immigrant criminalization in three contexts: 1) the legal history that has produced the current situation, 2) enforcement programs and practices at the border and interior, and 3) the consequences for immigrants and their families living in the United States. In examining such processes, this paper extends the discussion of the criminalization of immigrants beyond the existing literature, on two basic counts. First, it focuses on legislative changes that paved the way for the passage of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) in 1996, which was a crucial year for the criminalization of immigration. Second, this paper documents how the criminalization of immigrants turns people and indeed whole communities, into law enforcement objects through specific programs and practices, and how immigrants experience this in their family, school, and work lives....
Victor Genina
Proposals for the Negotiation Process on the United Nations Global Compact for Migration
Projected for adoption in 2018, the global compact for safe, orderly and regular migration (“the compact”) will address how United Nations member states should respond to international migration at the national, regional, and international levels, as well as issues related to migration and development. This paper examines the main elements of the New York Declaration for Refugees and Migrants, which called for the establishment of the compact. It argues that participants in the compact’s negotiation process should aim to balance the concerns of states with the needs and rights of migrants. The paper also analyzes documents by the Special Representative for the Secretary-General and the Special Rapporteur on the Human Rights of Migrants that should inform the compact. Lastly, the paper makes recommendations on the content of the compact. It recommends that the compact should define state protection responsibilities related to mixed migrant and refugee flows; embrace the role of civil society, the private sector, and academic institutions; outline an institutional framework for implementation; and establish a mechanism to fund migration policies for states and a mechanism to review migration policies....
Will Jones and Alexander Teytelboym
Matching Systems for Refugees
The paper addresses how to match refugees — who have been approved for resettlement — to particular areas, arguing for the importance of accounting for refugee preferences. It finds that matching systems between refugees and states or local areas are emerging as one of the most promising solutions to this question. This paper describes the basics of two-sided matching theory used in a number of allocation problems, such as school choice, where both sides need to agree to the match. It then examines how these insights can be applied to refugee matching in the context of the European Union, and explores how refugee matching might work in the United Kingdom, Canada, and the United States....
Michael Coon
Local Immigration Enforcement and Arrests of the Hispanic Population
Section 287(g) of the Immigration and Nationality Act (INA), which was added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), allows the federal government to enter into voluntary partnerships with state and local law enforcement agencies to enforce immigration law. This paper explores the effects of implementation of the 287(g) program in Frederick County, Maryland on the arrests of Hispanics. Using data from individual arrest records from the Frederick County Sheriff’s Office which has a 287(g) agreement with US Immigration and Customs Enforcement (ICE), and from the Frederick Police Department which does not, the paper analyzes the changes in arrests by the two agencies before and after implementation of the 287(g) program in 2008. ...
Daniel Kanstroom
The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions
This paper considers the relationship between two human rights discourses, refugee/asylum protection and the body of law that regulates deportations. It suggests that the development of rights against removal, as well as rights during and after removal, aids our understanding of the refugee protection regime and its future. This paper argues that emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons: 1) the linkage between the two phenomena of refugee/asylum protection and deportation; 2) deportation human rights discourses embody framing models that might aid reform of the existing refugee protection regime; and 3) deportation discourses offer important rights protections that could strengthen the refugee and asylum regime. It concludes with consideration of how deportation discourses may strengthen protections for refugees, while also helping to develop more capacious and protective systems in the future....
Michael Flynn
Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention
Proposals to shape migration management policies recognize the need to involve a range of actors to implement humane and effective strategies. However, when observed through the lens of immigration detention, some migration policy trends raise challenging questions, particularly related to the involvement of non-state actors in migration control. This article critically assesses a range of new actors who have become involved in the deprivation of liberty of migrants and asylum seekers, describes the various forces that appear to be driving their engagement in immigration enforcement, and makes a series of recommendations concerning the role of non-state actors and detention in global efforts to manage international migration. These recommendations include ending the use the detention in international migration management schemes; limiting the involvement of private companies in immigration control measures; insisting that the International Organization for Migration (IOM) actively endorse the centrality of human rights in the Global Compact for Migration and amend its constitution so that it makes a clear commitment to international human rights standards; and encouraging nongovernmental organizations to carefully assess the services they provide when operating in detention situations to ensure that their work contributes to harm reduction....
Robert Warren and Donald Kerwin
A Statistical and Demographic Profile of the US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti
This report presents detailed statistical information on the US Temporary Protected Status (TPS) populations from El Salvador, Honduras, and Haiti. It reveals hardworking populations with strong family and other ties to the United States. In addition, high percentages have lived in the United States for 20 years or more, arrived as children, and have US citizen children. ...
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. ...
Robert Warren
Zero Undocumented Population Growth Is Here to Stay and Immigration Reform Would Preserve and Extend These Gains
This paper makes the case that the era of large-scale undocumented population growth has ended, and that there is a need to reform the US legal immigration system to preserve and extend US gains in reducing undocumented entries and the US undocumented population overall. The paper demonstrates that a broad and sustained reduction in undocumented immigration to the United States occurred in the 2008 to 2015 period. It shows that the Great Recession had little, if any, role in the transformation to zero population growth of the undocumented population. Rather, the undocumented population stopped growing because of increased scrutiny of air travel after 9/11, a decade and a half of accelerating efforts to reduce illegal entries across the southern border, long-term increases in the numbers leaving the population each year, and improved economic and demographic conditions in Mexico. These conditions are likely to continue for the foreseeable future....
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....
Dora Schriro
Weeping in the Playtime of Others: The Obama Administration’s Failed Reform of ICE Family Detention Practices
The United States has long struggled with the practice of detaining immigrant families and over time, most reform efforts have flagged, if not failed. This paper examines the impact of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) through an exploration of the family residential center for persons in immigration custody. The paper provides an inside look at how policymakers, at various points in the Obama administration, sought to roll back the administration’s most infirm practices and the fate of those efforts. It begins with a brief history of family detention in the United States, continues with a summary of the reforms undertaken both early and late in the Obama administration, and examines the significant challenges the administration faced and the less progressive positions it adopted during its first and second terms. The paper concludes with a discussion of reasons for the rapid reversal of the Obama administration’s previous reforms and provides recommendations to achieve a civil, civil system of immigration enforcement for families and all others, which means nothing less than the transformation of the immigrant detention system from a criminal to a civil paradigm. The need for such a transformation is all the more urgent in light of executive actions taken in the early days of the Trump administration. ...
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....
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....
Brad Blitz
Another Story: What Public Opinion Data Tell Us About Refugee and Humanitarian Policy
The article suggests that post-9/11 there has been a reconfiguration of refugee policy and a reconnecting of humanitarian and security interests which has enabled a discourse antithetical to the universal right to asylum. The main conclusion is that in a post-post-Cold War era, European governments have developed restrictive policies despite public sympathy. Support for the admission of refugees is not, however, unqualified, and most states and European populations prefer skilled populations that can be easily assimilated. In order to achieve greater protection and more open policies, this article recommends that human rights actors work with the United Nations High Commissioner for Refugees (UNHCR) and its partners to challenge the anti-refugee discourse through media campaigns and grassroots messaging. ...
Eleanor Acer, Olga Byrne
How the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Has Undermined US Refugee Protection Obligations and Wasted Government Resources
Seeking asylum is a human right, enshrined in the Universal Declaration of Human Rights. However, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created multiple new barriers to asylum, which have blocked many refugees from accessing asylum. These barriers include a one-year filing deadline on asylum applications, summary deportation procedures, and broad “mandatory detention” provisions. This paper highlights recent research, litigation, and advocacy efforts that highlight the rights violations and systemic inefficiencies generated by IIRIRA. It concludes with a series of recommendations, calling on the US government to eliminate these counterproductive barriers and to take steps to ensure access to asylum....
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. ...
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....
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....
Todd Scribner
You are Not Welcome Here Anymore: Restoring Support for Refugee Resettlement in the Age of Trump
This paper analyzes the restrictionist logic that informs the Trump administration’s handling of immigration policy, and explores some of the underlying cultural, philosophical, and political conditions that inspired support for Trump. It contends that the Clash of Civilizations (CoC) paradigm is a useful lens to help understand the positions that President Trump has taken with respect to international affairs broadly, and specifically in his approach to immigration policy. The paper will focus primarily on Trump’s approach to refugee resettlement during his campaign and the early days of his administration. While there are unique aspects of the contemporary reaction against refugee resettlement, it is rooted in a much longer history that extends back to the World War II period. The paper explores this historical backdrop, and helps to clarify the reception of refugees after the fall of the Soviet Union. It also helps to explain how and why a CoC paradigm has become ascendant in the Trump administration. The CoC paradigm is at its core pre-political, and the policy prescriptions that follow from it are more effect than cause. The paper concludes with a series of recommendations for restoring support to the US refugee resettlement program, bolstering foreign aid and the United Nations High Commissioner for Refugees (which are essential to the program’s success), and engaging the cultural underpinnings of opposition to this program. ...
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....
Jane Lilly López
Redefining American Families: The Disparate Effects of IIRIRA’s Automatic Bars to Reentry and Sponsorship Requirements on Mixed-Citizenship Couples
EXECUTIVE SUMMARY With passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the goal of discouraging illegal immigration and the legal immigration of the poor triumphed over the longstanding goal of family unity in US immigration policy. This shift resulted in policy changes that prevent some......
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. ...
Saba Ahmed, Adina Appelbaum, and Rachel Jordan
The Human Cost of IIRIRA – Stories From Individuals Impacted by the Immigration Detention System
The 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) has had a devastating impact on immigrants who are detained, indigent, and forced to face deportation proceedings without representation. Despite the growing specter of the “criminal alien” in the American psyche, there is little public knowledge or scrutiny of the vast immigration detention and deportation machine. Enforcement of IIRIRA has effectively erased human stories and narrowed immigration debates to numbers and statistics. This paper tells the stories of individuals — immigration attorneys, immigration judges, and detained immigrants and their family members — who have personally experienced the impact of IIRIRA. Collectively, these vignettes provide a realistic picture of the immigration detention experience and reveal the human cost of IIRIRA. ...
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....
Karen Musalo and Eunice Lee
Seeking a Rational Approach to a Regional Refugee Crisis: Lessons from the Summer 2014 “Surge” of Central American Women and Children at the US-Mexico Border
In the early summer months of 2014, an increasing number of children and families from the Northern Triangle countries of El Salvador, Honduras, and Guatemala — three of the most dangerous countries in the world — began arriving at the US-Mexico border in search of safety and protection. Responses to this “surge,” and explanations for it, varied widely in policy, media, and government circles. Two competing narratives emerged. One argues that “push” factors in their home countries drove children and families to flee as bona fide asylum seekers; the other asserted that “pull” factors drew these individuals to the United States. The first section of this paper examines and critiques the Obama administration’s policies during and after the 2014 summer surge, which took the form of expanded family detention, accelerated removal procedures, raids, and interdiction. The second section examines the “push” factors behind the migration surge — namely, societal violence, violence in the home, and poverty and exclusion in El Salvador, Honduras, and Guatemala. The penultimate section explores the ways in which the United States’ deterrence-based policies echo missteps of the past, particularly through constructive refoulement and the denial of protection to legitimate refugees. The paper concludes by offering recommendations to the US government for a more effective approach to the influx of Central American women and children at its border, one that addresses the reasons driving their flight and that furthers a sustainable solution consistent with US and international legal obligations and moral principles....
Robert Warren and Donald Kerwin
The 2,000 Mile Wall in Search of a Purpose: Since 2007 Visa Overstays have Outnumbered Undocumented Border Crossers by a Half Million
This paper speaks to another reason to question the necessity and value of a 2,000-mile wall along the US-Mexico border: It does not reflect the reality of how the large majority of persons now become undocumented. The paper presents information about the mode of arrival of the undocumented population that resided in the United States in 2014. To simplify the presentation, it divides the 2014 population into two groups: overstays and entries without inspection (EWIs). The estimates are based primarily on detailed estimates of the undocumented population in 2014 compiled by CMS and estimates of overstays for 2015 derived by the US Department of Homeland Security. ...
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....
Ninette Kelley
Responding to a Refugee Influx: Lessons from Lebanon
Between 2011 and 2015, Lebanon received more than one million Syrian refugees. Already beset by political divisions, insecure borders, severely strained infrastructure, and over-stretched public services, the mass influx of refugees further taxed this small country. That Lebanon withstood what is often characterized as an existential threat has primarily been due to the remarkable resilience of the Lebanese people. It is also due to the unprecedented levels of humanitarian funding that the international community provided to support refugees and their host communities. The refugee response was not perfect, and funding fell well below needs. Nonetheless, thousands of lives were saved, protection was extended, essential services were provided, and efforts were made to improve through education the future prospects of close to half-a-million refugee children residing in Lebanon. This paper examines what worked well in Lebanon and where the refugee response stumbled, focusing on areas where improved efforts in planning, delivery, coordination, innovation, funding, and partnerships can enhance future emergency responses....
Susan Schmidt
‘They Need to Give Us a Voice’: Lessons from Listening to Unaccompanied Central American and Mexican Children on Helping Children Like Themselves
This article analyzes the responses of Central American and Mexican migrant children to one interview question regarding how to help youth like themselves, and identifies several implied “no-win” situations as potential reasons for the migration decisions of unaccompanied children. Furthermore, the children’s responses highlight the interconnected nature of economics, security, and education as migratory factors. Examination of children’s political speech revealed primarily negative references regarding their home country’s government, the president, and the police. The police were singled out more than any other public figures, with particular emphasis on police corruption and ineffectiveness. Additional analysis focused on children’s comments regarding migration needs and family....
Thomas Gammeltoft-Hansen, Nikolas F. Tan
The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy
Asylum lies at the heart of the international refugee protection regime. Yet, today, most states in the developed world implement a range of deterrence measures designed to prevent access to asylum on their territories. With particular attention to Europe’s response to the Syrian refugee crisis, this paper categorizes contemporary deterrence policies. It then questions the sustainability and effectiveness of such policies. A number of deterrence measures do not conform with refugee and human rights law, rendering the refugee protection regime vulnerable to collapse. Finally, this article suggests some ways forward to address these problems. It discusses the partial success of legal challenges to deterrence measures and opportunities for alternative avenues to access protection. Ultimately, however, it argues that the viability of the refugee protection regime requires collective action and international burden-sharing. ...
Gabriella Sanchez
Critical Perspectives on Clandestine Migration Facilitation: An Overview of Migrant Smuggling Research
This paper provides an overview of contemporary, empirical scholarship on clandestine migration facilitation. It argues clandestine migration is not merely the domain of criminal groups. Rather, it also involves protection mechanisms crafted within migrant and refugee communities. Yet amid concerns over national and border security, and the reemergence of nationalism, said strategies have become increasingly stigmatized and perceived as an inherently criminal activity. This paper constitutes an attempt to rethink the framework in everyday narratives of irregular migration facilitation....
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.
...Volume 4, 2016
Sarath K. Ganji
Leveraging the World Cup: Mega Sporting Events, Human Rights Risk, and Worker Welfare Reform in Qatar
Qatar will realize its decades-long drive to host a mega sporting event when, in 2022, the opening ceremony of the Fédération Internationale de Football Association (FIFA) World Cup commences. By that time, the Qatari government will have invested at least $200 billion in real estate and development projects, employing anywhere between 500,000 and 1.5 million foreign workers to do so. The scale of these preparations is staggering — and not necessarily positive. Foreign workers are subject to conditions of forced labor, human trafficking, and indefinite detention. This article examines whether it is possible for Qatar’s World Cup to forge a different legacy, as an agent of change on behalf of worker welfare reform. First, it locates the policy problem of worker abuses in the context of the migration life cycle. Second, the article frames worker welfare as a matter that lies at the intersection of business and human rights. Ultimately, this paper outlines four policy proposals that may be undertaken by countries of origin, nongovernmental organizations, international organizations, and Qatari employers: (1) the development of a list of labor-supply agencies committed to ethical recruitment practices; (2) the devising of low-interest, preferential loans for migrants considering employment in Qatar; (3) the establishment of a resource center to serve as a one-stop shop for migrant information and services; and (4) the creation of training programs to aid migrants upon their return home. The above four policy proposals constitute a process-specific, rather than actor-specific, approach to reform aimed at capitalizing on the spotlight of the World Cup to bring about lasting, positive change in Qatar’s migrant labor practices. ...
Bill Frelick, Ian M. Kysel, and Jennifer Podkul
The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants
This paper seeks to develop a working definition of the externalization of migration controls and how such externalization of the border implicates the human rights of migrants, and asylum seekers in particular....
Tara Magner
Refugee, Asylum, and Related Legislation in the US Congress: 2013-2016
This article describes the significant attempts to enact legislation related to refugees and international migrants since 2013 and examines the reasons why those attempts have not succeeded. It also describes American attitudes toward refugees and assesses whether those attitudes affected the fate of legislation....
David Hollenbach, S.J.
Borders and Duties to the Displaced: Ethical Perspectives on the Refugee Protection System
This essay proposes some ethical perspectives that can help in the task of reassessing the structure of the global refugee protection system in light of the extraordinarily high levels of refugee movement and forced migration occurring today. ...
Jeff Crisp and Katy Long
Safe and Voluntary Refugee Repatriation: From Principle to Practice
This article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that we are now living in an era of protracted refugee emergencies, the article concludes with a number of recommendations regarding alternatives to repatriation and the conditions under which repatriation can take place without offense to the principles of voluntariness, safety, and dignity....
Donald Kerwin
How Robust Refugee Protection Policies Can Strengthen Human and National Security
This paper makes the case that refugee protection and national security should be viewed as complementary, not conflicting state goals. It argues that refugee protection can further the security of refugees, affected states, and the international community. Refugees and international migrants can also advance national security by contributing to a state’s economic vitality, military strength, diplomatic standing, and civic values. The paper identifies several strategies that would, if implemented, promote both security and refugee protection. It also outlines additional steps that the US Congress should take to enhance US refugee protection policies and security. Finally, it argues for the efficacy of political engagement in support of pro-protection, pro-security policies, and against the assumption that political populism will invariably impede support for refugee protection....
George Rupp
Rethinking the Assumptions of Refugee Policy: Beyond Individualism to the Challenge of Inclusive Communities
The values of individualism developed in the post-Enlightenment West are at the core of the contemporary refugee protection system. While enormously powerful, this tradition assigns priority to the individual as distinguished from the community. Based on patterns established in centuries of religious thought and practice as well as on the insights of key thinkers in the tradition of Western individualism, this paper argues that consideration of communities should receive greater emphasis. In terms of the refugee protection system, this shift requires examining how best to address the needs of communities that are uprooted, as well as the needs of communities into which displaced persons are received, rather than only focusing on individuals who cross a border and seek refugee status....
Susan F. Martin
New Models of International Agreement for Refugee Protection
This article argues for new frameworks to more effectively address the situation of the totality of displaced persons, citing two recent efforts — the Nansen Initiative and Migrants in Countries in Crisis Initiative — as examples of practical ways to move forward....
Volker Türk
Prospects for Responsibility Sharing in the Refugee Context
The current state of forced displacement today, with record numbers and rising levels of need, poses challenges of a scope and complexity that we have not had to face since the Second World War. Yet, if we make every effort to place refugee protection at the heart of our response, these challenges are not insurmountable. The international refugee regime provides us with tried and tested tools to address them. What is needed now is to put our collective resources and capacities to their most effective use. We are already seeing this in the recent move towards creating a proposed Global Compact on Responsibility Sharing for Refugees, as set out in the UN secretary-general’s report, In Safety and Dignity: Addressing Large Movements of Refugees and Migrants. We are also seeing this with innovative directions in protection, assistance, and solutions for refugees that are helping us to operationalize long-standing principles of protection, transforming them into tangible results for refugees. New forms of group determination, combined with community-based protection and other measures, can help to ensure an appropriate legal status while at the same time identifying specific protection needs. Protection strategies can inform frameworks for governing migration and meeting the needs of the most vulnerable migrants. The integration of services to refugees within national systems and the expansion of cash-based programming can meet essential needs for assistance more effectively. Finally, the humanitarian-development nexus, the progressive realization of rights — including the right to work, and the creation of complementary pathways for admission — can provide the building blocks for achieving longer-term solutions, which remain, as ever, the ultimate aspiration of the international refugee protection regime....
Ian M. Kysel
Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights
This article articulates how the International Migrants Bill of Rights (IMBR) could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. ...
Donald Kerwin, Robert Warren
Potential Beneficiaries of the Obama Administration’s Executive Action Programs Deeply Embedded in US Society
This paper offers a statistical portrait of the intended direct beneficiaries of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), the Deferred Action for Childhood Arrivals (DACA), and the DACA expansion (DACA-plus) programs. It finds that potential DAPA, DACA, and DACA-plus recipients are deeply embedded in US society, with high employment rates, extensive US family ties, long tenure, and substantial rates of English-language proficiency. The paper also notes various groups that would benefit indirectly from the full implementation of DAPA and DACA or, conversely, would suffer from the removal of potential beneficiaries of these programs. The authors find these populations have become embedded in US society and that an unknown, albeit not insubstantial percentage of both the DAPA- and DACA-eligible may already qualify for an immigration benefit or relief that would put them on a path to permanent residency and US citizenship....
Robert Warren
US Undocumented Population Drops Below 11 Million in 2014, with Continued Declines in the Mexican Undocumented Population
Undocumented immigration has been a significant political issue in recent years, and is likely to remain so throughout and beyond the presidential election year of 2016. One reason for the high and sustained level of interest in undocumented immigration is the widespread belief that the trend in the undocumented population is ever upward. This paper shows that this belief is mistaken and that, in fact, the undocumented population has been decreasing for more than a half a decade. Other findings of the paper that should inform the immigration debate are the growing naturalized citizen populations in almost every US state and the fact that, since 1980, the legally resident foreign-born population from Mexico has grown faster than the undocumented population from Mexico....