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11. National Interests and Common Ground in the US Immigration Debate: How to Legalize the US Immigration System and Permanently Reduce Its Undocumented Population

Author:
Donald Kerwin and Robert Warren
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The conventional wisdom holds that the only point of consensus in the fractious US immigration debate is that the system is broken. Yet, the US public has consistently expressed a desire for a legal and orderly immigration system that serves compelling national interests. This paper describes how to create such a system. It focuses on the cornerstone of immigration reform,[1] the legal immigration system,[2] and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population. The paper begins with an analysis of presidential signing statements on seminal immigration legislation over nearly a century. These statements reveal broad consensus on the interests and values that the United States seeks to advance through its immigration and refugee policies. They constitute additional common ground in the immigration debate. To serve these interests, immigration and refugee considerations must be “mainstreamed” into other policy processes. In addition, its policies will be more successful if they are seen to benefit or, at least, not to discriminate against migrant-sending states. Not surprisingly, the US immigration system does not reflect the vast, mostly unanticipated changes in the nation and the world since Congress last meaningfully reformed this system (27 years ago) and last overhauled the law (52 years ago). The paper does not detail the well-documented ways that US immigration laws fall short of serving the nation’s economic, family, humanitarian, and rule of law objectives. Nor does it propose specific changes in categories and levels of admission. Rather, it describes how a legal immigration system might be broadly structured to deliver on its promises. In particular, it makes the case that Congress should create a flexible system that serves compelling national interests, allows for real time adjustments in admission based on evidence and independent analysis, and vests the executive with appropriate discretion in administering the law. The paper also argues that the United States should anticipate and accommodate the needs of persons compelled to migrate by its military, trade, development, and other commitments. In addition, the US immigration system needs to be able to distinguish between undocumented immigrants, and refugees and asylum seekers, and to treat these two populations differently. The paper assumes that there will be continued bipartisan support for immigration enforcement. However, even with a strong enforcement apparatus in place and an adaptable, coherent, evidence-based legal immigration system that closely aligns with US interests, some (reduced) level of illegal migration will persist. The paper offers a sweeping, historical analysis of how this population emerged, why it has grown and contracted, and how estimates of its size have been politically exploited. Legalization is often viewed as the third rail of immigration reform. Yet, Congress has regularly legalized discrete undocumented populations, and the combination of a well-structured legalization program, strengthened legal immigration system, and strong enforcement policies can prevent the reemergence of a large-scale undocumented population. In contrast, the immense US enforcement apparatus will work at cross-purposes to US interests and values, absent broader reform. The paper ends with a series of recommendations to reform the legal immigration system, downsize the current undocumented population, and ensure its permanent reduction. It proposes that the United States “reissue” (or reuse) the visas of persons who emigrate, as a way to promote legal immigration reform without significantly increasing annual visa numbers.
Topic:
Immigration, Border Control, and Domestic politics
Political Geography:
United States, Central America, and North America

12. A Statistical and Demographic Profile of the US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti

Author:
Robert Warren and Donald Kerwin
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This report presents detailed statistical information on the US Temporary Protected Status (TPS) populations from El Salvador, Honduras, and Haiti. TPS can be granted to noncitizens from designated nations who are unable to return to their countries because of armed conflict, environmental disaster, or other extraordinary and temporary conditions. In January 2017, an estimated 325,000 migrants from 13 TPS-designated countries resided in the United States. This statistical portrait of TPS beneficiaries from El Salvador, Honduras, and Haiti 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. The paper finds that: The labor force participation rate of the TPS population from the three nations ranges from 81 to 88 percent, which is well above the rate for the total US population (63 percent) and the foreign-born population (66 percent). The five leading industries in which TPS beneficiaries from these countries work are: construction (51,700), restaurants and other food services (32,400), landscaping services (15,800), child day care services (10,000), and grocery stores (9,200). TPS recipients from these countries live in 206,000 households: 61,100 of these households (roughly 30 percent) have mortgages. About 68,000, or 22 percent, of the TPS population from these nations arrived as children under the age of 16. TPS beneficiaries from these nations have an estimated 273,000 US citizen children (born in the United States). Ten percent of El Salvadoran, nine percent of the Haitian, and six percent of the Honduran TPS beneficiaries are married to a legal resident. More than one-half of El Salvadoran and Honduran, and 16 percent of the Haitian TPS beneficiaries have resided in the United States for 20 years or more. The six US states with the largest TPS populations from these countries are California (55,000), Texas (45,000), Florida (45,000), New York (26,000), Virginia (24,000), and Maryland (23,000). Eighty-seven percent of the TPS population from these countries speaks at least some English, and slightly over one-half speak English well, very well, or only English. About 27,000, or 11 percent, of those in the labor force are self-employed, having created jobs for themselves and likely for others as well. TPS status should be extended until beneficiaries can safely return home and can successfully reintegrate into their home communities. Most long-term TPS recipients should be afforded a path to lawful permanent resident (LPR) status and ultimately to US citizenship.
Topic:
Border Control, Refugees, and Immigrants
Political Geography:
United States, South America, Central America, and North America

13. Building Structures of Solidarity and Instruments of Justice: The Catholic Immigrant Integration Surveys

Author:
Donald Kerwin
Publication Date:
06-2017
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The Center for Migration Studies of New York (CMS) released findings from two surveys distributed to two broad sets of US Catholic institutions – (1) Catholic social and charitable agencies and (2) parishes and schools – to capture their work in helping integrate immigrants in the United States. The surveys – administered in collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC), the US Conference of Catholic Bishops (USCCB) Secretariat for Cultural Diversity in the Church, and Catholic Charities USA
Topic:
Migration and International Affairs
Political Geography:
Global Focus

14. The DACA Era and the Continuous Legalization Work of the US Immigrant-Serving Communit

Author:
Donald Kerwin
Publication Date:
02-2017
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The Center for Migration Studies of New York (CMS) initiated a study on the multi-faceted work of non-governmental and community-based organizations (NGOs and CBOs) and their public and private partners to implement the Deferred Action for Childhood Arrivals (DACA) program and (more broadly) to build capacity to serve immigrants.
Topic:
International Relations
Political Geography:
Global Focus

15. The 2,000 Mile Wall in Search of a Purpose: Since 2007 Visa Overstays have Outnumbered Undocumented Border Crossers by a Half Million

Author:
Robert Warren and Donald Kerwin
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Trump administration has made the construction of an “impregnable” 2,000-mile wall across the length of the US-Mexico border a centerpiece of its executive orders on immigration and its broader immigration enforcement strategy. This initiative has been broadly criticized based on: • Escalating cost projections: an internal Department of Homeland Security (DHS) study recently set the cost at $21.6 billion over three and a half years; • Its necessity given the many other enforcement tools — video surveillance, drones, ground sensors, and radar technologies — and Border Patrol personnel, that cover the US-Mexico border: former DHS Secretary Michael Chertoff and other experts have argued that a wall does not add enforcement value except in heavy crossing areas near towns, highways, or other “vanishing points” (Kerwin 2016); • Its cost-effectiveness given diminished Border Patrol apprehensions (to roughly one-fourth the level of historic highs) and reduced illegal entries (to roughly one-tenth the 2005 level according to an internal DHS study) (Martinez 2016); • Its efficacy as an enforcement tool: between FY 2010 and FY 2015, the current 654-mile pedestrian wall was breached 9,287 times (GAO 2017, 22); • Its inability to meet the administration’s goal of securing “operational control” of the border, defined as “the prevention of all unlawful entries to the United States” (White House 2017); • Its deleterious impact on bi-national border communities, the environment, and property rights (Heyman 2013).
Topic:
Immigration and Post Truth Politics
Political Geography:
America

16. Mass Deportations Would Impoverish US Families and Create Immense Social Costs

Author:
Robert Warren and Donald Kerwin
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
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. It is based primarily on data compiled by the Center for Migration Studies (CMS).
Topic:
Migration and Immigration
Political Geography:
America

17. The Central American Humanitarian Crisis and US Policy Responses

Author:
Kevin Appleby, Leonir Chiarello, and Donald Kerwin
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The Center for Migration Studies of New York (CMS), a nonpartisan think tank/educational institute focusing on the study of international migration, and the Scalabrini International Migration Network (SIMN), a not-for-profit organization focusing on protection and development programs for migrants, traveled to El Salvador, Guatemala, and Mexico from August 15 to 22 to visit migrant shelters operated by the religious Congregation of the Missionaries of St. Charles Borromeo, Scalabrinians. The delegation toured migrant detention and return facilities, met with public officials and nongovernmental organizations (NGOs), and assessed how the US-Mexico policies of deterrence and interdiction have impacted the region and particularly those seeking to flee the record levels of violence in the Northern Triangle states of Central America.
Topic:
Humanitarian Aid, Migration, Regional Cooperation, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, Mexico, Guatemala, and El Salvador

18. Potential Beneficiaries of the Obama Administration’s Executive Action Programs Deeply Embedded in US Society1

Author:
Donald Kerwin and Robert Warren
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Obama administration has developed two broad programs to defer immigration enforcement actions against undocumented persons living in the United States: (1) Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA); and (2) Deferred Action for Childhood Arrivals (DACA). The DACA program, which began in August 2012, was expanded on November 20, 2014. DAPA and the DACA expansion (hereinafter referred to as “DACA-plus”) are currently under review by the US Supreme Court and subject to an active injunction.

19. Potential Beneficiaries of the Obama Administration’s Executive Action Programs Deeply Embedded in US Society

Author:
Donald Kerwin and Robert Warren
Publication Date:
03-2016
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Obama administration has developed two broad programs to defer immigration enforcement actions against undocumented persons living in the United States: (1) Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA); and (2) Deferred Action for Childhood Arrivals (DACA). The DACA program, which began in August 2012, was expanded on November 20, 2014. DAPA and the DACA expansion (hereinafter referred to as “DACA-plus”) are currently under review by the US Supreme Court and subject to an active injunction. This paper offers a statistical portrait of the intended direct beneficiaries of DAPA, DACA, and DACA-plus. 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. For example, all those who would rely on the retirement programs of the US government will benefit from the high employment rates and relative youth of the DACA population, while many US citizens who rely on the income of a DAPA-eligible parent would fall into poverty or extreme poverty should that parent be removed from the United States.
Topic:
Human Welfare, Poverty, Labor Issues, and Governance
Political Geography:
United States of America

20. The US Eligible-to-Naturalize Population: Detailed Social and Economic Characteristics

Author:
Robert Warren and Donald Kerwin
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Naturalization has long been recognized as a crucial step in the full integration of immigrants into US society. Yet until now, sufficient information on the naturalization-eligible has not been available that would allow the federal government, states, localities, and non-governmental service providers to develop targeted strategies on a local level to assist this population to naturalize and to overcome barriers to eligibility. This paper remedies that deficiency by providing detailed estimates on the naturalization-eligible from data collected in the US Census Bureau’s American Community Survey (ACS).
Topic:
Government, Immigration, Reform, Naturalization, and Census
Political Geography:
United States of America