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.
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.
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.
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.