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31. Immigration Detention, Inc.

Author:
Denise Gilman and Luis A. Romero
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article addresses the influence of economic inequality on immigration detention. The US Department of Homeland Security (DHS) detains roughly 350,000 migrants each year and maintains more than 30,000 beds each day. This massive detention system raises issues of economic power and powerlessness. This article connects, for the first time, the influence of economic inequality on system-wide immigration detention policy as well as on individual detention decisions. The article begins with a description of the systemic impact that for-profit prisons have had on the federal immigration detention system, by promoting wide-scale detention. The resulting expansion of detention has led to ever-increasing profitability for the private for-profit prison sector, which allows the companies to exercise even more influence over policymakers to achieve yet higher levels of detention. The influence of wealthy private prison corporations also affects the very nature of immigration detention, leading to the use of jail-like facilities that are the product offered by the private prison industry. The article then describes the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases. The detention or release decisions made by DHS in individual cases must account for the need to keep numerous detention beds full to satisfy the contracts made with powerful private prison companies. DHS regularly sets bond amounts at levels that are not correlated to flight risk or danger, but rather to the length of time that the individual must be held in detention to keep the available space full. The article presents data, obtained from immigration authorities, regarding detention and bond patterns at a specific detention center that demonstrate this point. The research finds an inverse relationship between the number of newly arriving immigrants in the detention center and the bond amounts set by US Immigration and Customs Enforcement (ICE). During times when new arrivals were few, the amount required to be released from detention on bond was high; during times when there were many new arrivals, bond amounts were reduced or set at zero. The article also presents another way in which economic inequality affects the likelihood of detention at the individual level. Release and detention are largely controlled through the use of monetary bond requirements, which must be paid in full. The regular use of financial bonds as the exclusive mechanism for release means that those migrants who are most able to pay are most likely to be released, without regard to their likelihood of absconding or endangering the community. Wealth thus determines detention rather than an individualized determination of the necessity of depriving an individual of liberty. The article urges that the role of economic inequality in immigration detention raises troubling issues of democratic governance and the commodification of traditional governmental functions. The current system also leads to an unjustifiable redistribution of wealth from the poor to the rich. Looking at immigration detention through the lens of economic inequality offers new lines of theoretical inquiry into immigration detention. It connects the discussion of immigration detention to scholarly critiques of for-profit prisons and the privatization of state security functions more generally. It also brings a new perspective to prior work in the immigration and criminal justice contexts, questioning the fairness and utility of requiring payment of monetary bonds to obtain liberty from detention. The article concludes with recommendations for reform. These reforms would help to sideline the influence of economic inequality in immigration detention decision making.
Topic:
Immigration, Economic Inequality, and Mass Incarceration
Political Geography:
United States

32. The Case for a National Legalization Program without Legislation or Executive Action

Author:
Jeanne M. Atkinson and Tom Wong
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article 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, much less be able to afford the costs or take the necessary steps to obtain it. The two million figure is drawn from an analysis of screening data from 4,070 unauthorized immigrants from 12 states. The study highlights the profound impact that a national project to screen for legal status would have on the entire US population, including eligible immigrants, their family members, and the country at large. The need for legal screening has become particularly acute in light of the Trump administration’s focus on apprehension and deportation of unauthorized immigrants without regard to their length of residence in the United States, family relationships to US citizens and lawful permanent residents (LPRs), or other positive factors. The proposed termination of benefits for many Temporary Protected Status (TPS) holders and Deferred Action for Childhood Arrivals (DACA)1 recipients would add more than one million individuals — approximately 325,000 (Warren and Kerwin 2017), and 700,000 (Krogstad 2017) people, respectively — to the pool of unauthorized immigrants.
Topic:
Immigration, Border Control, and Citizenship
Political Geography:
United States, Central America, and North America

33. Family Matters: Claiming Rights across the US-Mexico Migratory System

Author:
Jacqueline Maria Hagan, Ricardo Martinez-Schuldt, Alyssa Peavey, and Deborah Weissman
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Immigration and Nationality Act of 1952 (INA) created an immigration system favoring the immigration of spouses, children, and parents of US citizens, thereby establishing family unity as the cornerstone of US immigration policy. Despite this historical emphasis on family unity, backlogs and limited visas for non-immediate relatives of US citizens and legal permanent residents, the militarization of the US-Mexico border, punitive measures for those who enter without inspection, such as the forced separation of children from their parents at the US border, and an aggressive policy of deportation have made it more difficult for members of Mexican binational families to unify. How do members of Mexican binational families manage the hardships that result from US immigration policies that prolong and force family separation? Immigrants and return migrants alike may not be aware of their rights and the legal remedies that exist to enforce them. Structural barriers such as poverty, legal status, fear of deportation, lack of proficiency in English, and lack of familiarity with government bureaucracies no doubt prevent many migrants in the United States and return migrants in Mexico from coming forward to request legal assistance and relief in the courts. Despite these barriers, when it comes to family matters, members of some Mexican binational families can and do assert their rights. In this article, we analyze an administrative database of the Department of Legal Protection of the Mexican consular network that documents migrant legal claims resulting from family separation, along with findings from 21 interviews with consular staff and community organizations in three consular jurisdictions — El Paso, Raleigh, and San Francisco — to investigate the sociolegal processes of claims. Our investigation centers on the mediating role the Mexican state — via its consular network — has developed to assist binational families as they attempt to assert their rights and resolve child support and child custody problems resulting from prolonged and forced family separation. We find that the resolution of binational family claims in part depends on the institutional infrastructure that has developed at local, state, and federal levels, along with the commitment and capacity of the receiving and sending states and the binational structures they establish. These binational structures transcend the limitations of national legal systems to achieve and implement family rights and obligations across borders.
Topic:
Military Strategy, Immigration, Border Control, and Family
Political Geography:
United States, North America, and Mexico

34. An Examination of Wage and Income Inequality within the American Farmworker Community

Author:
Marianne L Bowers and Daniel Chand
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article explores the reasons for earning inequalities among farmworkers. Using national data from the US Department of Labor’s National Agricultural Worker Survey (NAWS), we detail and examine differences in earnings among farmworkers based on certain characteristics identified in prior literature. We find that gender and youth are the most reliable predictors of farmworker earnings, with females and workers under 21 consistently earning less than other categories of farmworkers. In addition, we find that workers who seasonally follow crops are among the lowest earning farmworkers. We also confirm that, as expected, workers lacking authorized status earn less than those who have legal status. Surprisingly, however, foreign-born US citizens actually earn more than their US-born counterparts. These findings have substantial implications for policymakers and labor advocates who seek to improve the plight of US farmworkers.
Topic:
Agriculture, Gender Issues, Labor Issues, Youth, and Economic Inequality
Political Geography:
United States

35. The US Refugee Resettlement Program — A Return to First Principles: How Refugees Help to Define, Strengthen, and Revitalize the United States

Author:
Donald Kerwin
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The US refugee resettlement program should be a source of immense national pride. The program has saved countless lives, put millions of impoverished persons on a path to work, self-sufficiency, and integration, and advanced US standing in the world. Its beneficiaries have included US leaders in science, medicine, business, the law, government, education, and the arts, as well as countless others who have strengthened the nation’s social fabric through their work, family, faith, and community commitments. Refugees embody the ideals of freedom, endurance, and self-sacrifice, and their presence closes the gap between US ideals and its practices. For these reasons, the US Refugee Admissions Program (USRAP) has enjoyed strong, bipartisan support for nearly 40 years. Yet the current administration has taken aim at this program as part of a broader attack on legal immigration programs. It has treated refugees as a burden and a potential threat to our nation, rather than as a source of strength, renewal, and inspiration. In September 2017, it set an extremely low refugee admissions ceiling (45,000) for 2018, which it had no intention of meeting: the United States is on pace to resettle less than one-half of that number. It has also tightened special clearance procedures for refugees from mostly Muslim-majority states so that virtually none can enter; cynically slow-walked the interview, screening, and admissions processes; and decimated the community-based resettlement infrastructure built up over many decades (Miliband 2018). At a time of record levels of forced displacement in the world, the United States should model solidarity with refugees and exercise leadership in global refugee protection efforts (Francis 2018a, 102). Instead, the administration has put the United States on pace to resettle the lowest number of refugees in USRAP’s 38-year history, with possible further cuts in fiscal year (FY) 2019. This report describes the myriad ways in which this program serves US interests and values. The program: saves the lives of the world’s most vulnerable persons; continues “America’s tradition as a land that welcomes peoples from other countries” and shares the “responsibility of welcoming and resettling those who flee oppression” (Reagan 1981); promotes a “stable and moral world” (Helton 2002, 120); reduces spontaneous, unregulated arrivals and encourages developing nations to remain engaged in refugee protection (Gammeltoft-Hansen and Tan 2017, 42-43); and promotes cooperation from individuals, communities, and nations that are central to US military and counter-terrorism strategies.[1] In that vein, the report describes the achievements, contributions, and integration outcomes of 1.1 million refugees who arrived in the United States between 1987 and 2016. It finds that: the median household income of these refugees is $43,000;[2] 35 percent of refugee households have mortgages; 63 percent of refugees have US-born children; 40 percent are married to US citizens; and 67 percent have naturalized. Comparing the 1.1 million refugees who arrived between 1987 and 2016 with non-refugees,[3] the foreign born, and the total US population, the report finds: Refugees’ labor force participation (68 percent) and employment rates (64 percent) exceed those of the total US population (63 and 60 percent respectively).[4] Large numbers of refugees (10 percent) are self-employed and, in this and other ways, job creators, compared to 9 percent for the total US population. Refugees’ median personal income ($20,000) equals that of non-refugees and exceeds the income of the foreign born overall ($18,700). Refugees are more likely to be skilled workers (38 percent) than non-refugees (33 percent) or the foreign born (35 percent). Refugees are less likely to work in jobs that new immigrants fill at high rates, such as construction, restaurants and food service, landscaping, services to buildings and dwellings, crop production, and private households. Refugees use food stamps and Medicaid at higher rates than non-refugees, the foreign born, and the total US population. However, their public benefit usage significantly declines over time and their integration, well-being, and US family ties increase. Comparing refugee characteristics by time present in the United States — from the most recent arrivals (2007 to 2016), to arrivals between 1997 to 2006, to those with the longest tenure (1987 to 1996) — the report finds: Refugees with the longest residence have integrated more fully than recent arrivals, as measured by households with mortgages (41 to 19 percent); English language proficiency (75 to 55 percent); naturalization rates (89 to 24 percent); college education (66 to 32 percent); labor force participation (68 to 61 percent); and employment (66 to 55 percent) and self-employment (14 to 4 percent). Refugees who arrived from 1997 to 2006 have higher labor force participation and employment rates than refugees who arrived from 1987 to 1996.[5] Refugees who arrived between 1987 and 1996 exceed the total US population, which consists mostly of the native-born, in median personal income ($28,000 to $23,000), homeownership (41 to 37 percent with a mortgage), percent above the poverty line (86 to 84 percent), access to a computer and the internet (82 to 75 percent), and health insurance (93 to 91 percent). Comparing nationals — in 2000 and again in 2016 — from states formerly in the Soviet Union, who entered from 1987 to 1999, the report finds that: median household income increased from $31,000 to $53,000; median personal income nearly tripled, from $10,700 to $31,000; the percent of households with a mortgage increased from 30 to 40 percent; public benefit usage fell; English language proficiency rose; the percent with a college degree or some college increased (68 to 80 percent); naturalization rates nearly doubled, from 47 to 89 percent; marriage to US citizens rose from 33 to 51 percent; and labor force participation rate (59 to 69 percent), employment (57 to 66 percent), self-employment (11 to 15 percent), and the rate of skilled workers (33 to 38 percent) all grew. The report also finds that refugees bring linguistic diversity to the United States and, in this and other ways, increase the nation’s economic competitiveness and security. In short, refugees become US citizens, homeowners, English speakers, workers, business owners, college educated, insured, and computer literate at high rates. These findings cover a large population of refugees comprised of all nationalities, not just particularly successful national groups. Section I of the report describes the nation’s historic commitment to refugees and critiques the administration’s rationale for dismantling the resettlement program. Section II sets forth the Center for Migration Studies (CMS) methodology for selecting the refugee data used in this report. Section III discusses the resettlement, national origins, and years of arrival of the refugees in CMS’s sample. Section IV details the report’s main findings on the achievements, contributions, and integration of refugees over time. It compares the characteristics of refugees, non-refugees, the foreign born, and the total US population; and examines the progress of refugees — measured in 2000 and 2016 — that arrived from the former Soviet Union between 1987 and 1999. This section also references the growing literature on the US refugee program and on the economic and fiscal impacts of refugees. Section V discusses the important role of voluntary agencies in the resettlement process, focusing on the work of Catholic agencies in building community support for refugees and promoting their entrepreneurial initiatives. Section VI identifies the national interests served by the refugee program, recommends ways to address several of the program’s longstanding challenges, and urges the president, Congress, Americans with refugee roots, and other stakeholders to work to strengthen and expand the program.
Topic:
Nationalism, Refugees, and Resettlement
Political Geography:
United States

36. Communities in Crisis: Interior Removals and Their Human Consequences

Author:
Donald Kerwin, Daniela Alulema, and Mike Nicholson
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In late 2017, the Kino Border Initiative (KBI), the Center for Migration Studies of New York (CMS), and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States initiated a study to examine the characteristics of deportees and the effects of deportation, and to place them in a broader policy context (see Attachment A in the Supplemental Material, available in the online version of this article).[1] The CRISIS Study (Catholic Removal Impact Survey in Society) included both quantitative and qualitative elements. During the first five months of 2018, KBI staff surveyed 133 deportees from the United States at its migrant shelter in Nogales, Sonora. Survey respondents were all Mexican nationals, all but one were men, and each had been living for a period of time in the United States.[2] They had resided in 16 US states, the majority in Arizona, followed by Nevada, California, and Utah. The survey sought information on their US lives, the removal and detention process, and the impact of removal on them and their families (see Attachment B in the Supplemental Material, available in the online version of this article). The study also included one interview with a deportee (via Skype) and 20 interviews with the family members of deportees and other persons affected by deportation in Catholic parishes in Florida, Michigan, and Minnesota. The parishes — which the report will not identify in order to ensure the interviewees’ anonymity — were chosen based on their geographic, demographic, and sociopolitical diversity, their connections to the agencies conducting the study, and their ability to facilitate access to deportees, their families, and others impacted by deportation. The interviews explored: (1) the impact of removals on deportees, their families, and other community members; (2) the deportation process; and (3) the relationship between deportees and their families (see Attachment C in the Supplemental Material, available in the online version of this article). They provided an intimate, often raw look at the human consequences of deportation.
Topic:
Migration, Refugees, and Deportation
Political Geography:
United States

37. Proposed Public Charge Rule Would Significantly Reduce Legal Admissions and Adjustment to Lawful Permanent Resident Status of Working Class Persons

Author:
Donald Kerwin
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
On October 10, 2018, the US Department of Homeland Security (DHS) issued its long-anticipated proposed rule on inadmissibility on public charge grounds.[1] The rule seeks to “better ensure” that applicants for admission to the United States as immigrants (permanent residents) and nonimmigrants (temporary residents),[2] as well as applicants for adjustment to lawful permanent resident (LPR) status within the United States, will be “self-sufficient” and “not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their family, sponsor, and private organizations.”[3] Under the proposed rule, US Citizenship and Immigration Services (USCIS) officers would consider receipt of cash benefits and, in a break from the past, non-cash medical, housing, and food benefits in making public charge determinations. The proposed DHS rule details the factors — positive and negative — to be weighed in these decisions.
Topic:
International Relations and Immigration
Political Geography:
America

38. Communities in Crisis: Interior Removals and Their Human Consequences

Author:
CMS
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
In late 2017, the Kino Border Initiative (KBI), the Center for Migration Studies of New York (CMS), and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States initiated a study to examine the characteristics of deportees and the effects of deportation, and to place them in a broader policy context.[1]
Topic:
International Affairs
Political Geography:
Global Focus

39. Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration

Author:
CMS
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The 2018 International Migration Policy Report: Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration features several articles focusing upon issues discussed and negotiated by United Nations (UN) member states in producing the Global Compact for Safe, Orderly, and Regular Migration (“the Compact”). The final draft of the Global Compact was agreed to in New York by 191 member states on July 13, 2018, with final adoption of the document set for December 2018 at an intergovernmental conference in Marrakesh, Morocco
Topic:
International Relations and International Affairs
Political Geography:
Global Focus

40. The US Refugee Resettlement Program — A Return to First Principles: How Refugees Help to Define, Strengthen, and Revitalize the United States

Author:
CMS
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The US refugee resettlement program should be a source of immense national pride. The program has saved countless lives, put millions of impoverished persons on a path to work, self-sufficiency, and integration, and advanced US standing in the world. Its beneficiaries have included US leaders in science, medicine, business, the law, government, education, and the arts, as well as countless others who have strengthened the nation’s social fabric through their work, family, faith, and community commitments. Refugees embody the ideals of freedom, endurance, and self-sacrifice, and their presence closes the gap between US ideals and its practices. For these reasons, the US Refugee Admissions Program (USRAP) has enjoyed strong, bipartisan support for nearly 40 years
Topic:
International Affairs
Political Geography:
Global Focus