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21. Immigration Policy and Agriculture: Possible Directions for the Future

Author:
Philip Martin
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
Presidential candidate Trump in 2016 promised to prevent unauthorized migration and deport unauthorized foreigners in the United States, and President Trump issued executive orders after taking office in January 2017 that could lead to a 2,000-mile wall on the Mexico-US border and the removal of many of the 11 million unauthorized foreigners, including one million who work in US agriculture. This paper emphasizes that, especially agriculture in the western United States, 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, which is aging and settled. Farm employers are responding by offering bonuses to satisfy current workers, stretching them with productivity-increasing tools, substituting machines for workers, and supplementing current workforces with legal H-2A guest workers. Immigration policy will influence the choice between mechanization, guest workers, and imports. 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 Social Security and Unemployment Insurance (UI) taxes on the wages of H-2A workers to foster mechanization and development in the workers’ communities of origin by dividing these payroll taxes equally between workers as they depart and commodity-specific boards. Worker departure bonuses could be matched by governments in migrant-sending areas to promote development, and commodity-specific boards could spend monies to reduce dependence on hand labor over time. The economic incentives provided by payroll taxes could help to usher in a new and better era of farm labor.
Topic:
Migration, Border Control, Refugees, and Domestic politics
Political Geography:
United States, Central America, and North America

22. US Immigration Policy and the Case for Family Unity

Author:
Zoya Gubernskaya and Joanna Dreby
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
As the Trump administration contemplates immigration reform, it is important to better understand what works and what does not in the current system. 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. Since 1965, the United States has been admitting a relatively high proportion of family-based migrants and allowing for the immigration of a broader range of family members. However, restrictive annual quotas have resulted in a long line of prospective immigrants waiting outside of the United States or within the United States, but without status. Further policy changes have led to an increasing number of undocumented migrants and mixed-status families in the United States. Several 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. On top of that, increasingly aggressive enforcement practices undermine family unity of a large number of undocumented and mixed-status families. Deportations — and even a fear of deportation — cause severe psychological distress and often leave US-born children of undocumented parents without economic and social support. A recent comprehensive report concluded that immigration has overall positive impact on the US economy, suggesting that a predominantly family-based migration system carries net economic benefits. Immigrants rely on family networks for employment, housing, transportation, informal financial services, schooling, childcare, and old age care. In the US context where there is nearly no federal support for immigrants’ integration and limited welfare policies, family unity is critical for promoting immigrant integration, social and economic well-being, and intergenerational mobility. Given the benefits of family unity in the US immigrant context and the significant negative consequences of family separation, the United States would do well to make a number of changes to current policy and practice that reaffirm its commitment to family unity. Reducing wait times for family reunification with spouses and children of lawful permanent residents, allowing prospective family-based migrants to visit their relatives in the United States while their applications are being processed, and providing relief from deportation and a path to legalization to parents and spouses of US citizens should be prioritized. The cost to implement these measures would likely be minor compared to current and projected spending on immigration enforcement and it would be more than offset by the improved health and well-being of American families.
Topic:
Migration, Border Control, Refugees, Family, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

23. Weeping in the Playtime of Others: The Obama Administration’s Failed Reform of ICE Family Detention Practices

Author:
Dora Schriro
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
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 evolution of the family residential center (FRC) for families in immigration custody, established prior to the 9/11 terrorist attack by the Immigration and Naturalization Service (INS), and expanded by Immigration and Customs Enforcement (ICE) in its aftermath. The paper provides an inside look at how policymakers, at various points in the Obama administration, sought to roll back its 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 it faced and the less progressive positions it adopted during its first and second terms in office. The paper concludes with a discussion of reasons for the rapid reversal of its 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, consistent with the population and legal authorities.[1] The need for such an effort is all the more urgent in light of executive actions taken in the early days of the Trump administration and their initial outcomes. Among those thwarting admissions are orders to Customs and Border Protection (CBP) and US Citizenship and Immigration Services (USCIS) to seal the US borders, shun refugees fleeing from war-torn regions until “extreme vetting” measures are put into place, and reassess others who have already been issued visas. Additional orders issued to ICE expanded and expedited the removal of persons whose conduct could result in charges or convictions as well as those with criminal charges or convictions, resulting in a 38 percent increase in arrests by ICE agents within the first 100 days of the Trump administration (Dickerson 2017b; Duara 2017).
Topic:
Migration, Border Control, and Family
Political Geography:
United States, Central America, and North America

24. Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention

Author:
Michael Flynn
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Global migration challenges are reinforcing long-standing trends that involve shifting immigration control measures beyond national borders and incorporating new actors into detention systems. Proposals to shape migration management policies — including discussions on developing a Global Compact for Migration — 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 policy trends raise challenging questions, particularly those that lead to increasing roles for 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, 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.
Topic:
Migration, Non State Actors, Border Control, and Refugees
Political Geography:
Global Focus

25. Proposals for the Negotiation Process on the United Nations Global Compact for Migration

Author:
Victor Genina
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants(the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states’ consideration during its 73rd annual session, which starts in September 2018.[1] For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration[2] adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: sets forth principles that can inform the actions of governments in relation to international migration at all levels; enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows” [3]; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact’s follow-up and review process; defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.[4]
Topic:
International Cooperation, Migration, United Nations, and Refugees
Political Geography:
Global Focus

26. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

Author:
Leisy Abrego, Mat Coleman, and Daniel Martínez
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24).[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
Topic:
Migration, Refugees, and Criminal Justice
Political Geography:
United States, Central America, and North America

27. The Mixed Motives of Unaccompanied Child Migrants from Central America’s Northern Triangle

Author:
Matthew Lorenzen
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
A growing body of literature has argued that the distinction between forced and voluntary migration can be, in practice, unclear. This literature points out that each individual migrant may have mixed motives for migrating, including both forced and voluntary reasons. Few studies, however, have actually set out to analyze mixed-motive migration. 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 small 2016 survey carried out in 10 shelters for unaccompanied child migrants run by a Mexican government child welfare agency. Using this survey, the paper identifies the immigrating minor’s motives, which are oftentimes mixed, and details differences by nationality, gender, and age groups. 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. The results indicate that binary formulations regarding forced and voluntary migration are often inadequate. This has important implications, briefly addressed in the conclusions. These implications include: the need for migration scholars to consider forced reasons for migrating in the context of mixed-motive migration; the fact that mixed motives call into question the established, clear-cut categories that determine whether someone is worthy of humanitarian protection or not; the need to have in-depth, attentive, and individual asylum screening because motives may be interconnected and entangled, and because forced reasons may be hidden behind voluntary motives; and the need for a more flexible policy approach, so that immigration systems may be more inclusive of migrants with mixed motives.
Topic:
Migration, Children, and Humanitarian Crisis
Political Geography:
Central America, Honduras, Guatemala, and El Salvador

28. Strengthening the Global Refugee Protection System: Recommendations for the Global Compact on Refugees

Author:
Kevin Appleby
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
On September 19, 2016, the United Nations (UN) General Assembly adopted the New York Declaration for Refugees and Migrants. This document launched a two-year process to develop a Global Compact on Responsibility Sharing on Refugees (“Global Compact on Refugees”) and a Global Compact for Safe, Orderly, and Regular Migration. With a record 65 million displaced persons in the world, the global community must come together to fashion a stronger protection regime for persons on the move. This paper outlines broad themes and specific recommendations that the Global Compact on Refugees should adopt on how to strengthen the global refugee protection system. The recommendations fall into several categories: (1) responsibility sharing for the protection of refugees; (2) filling in protection gaps; (3) balancing and replacing deterrence strategies with protection solutions; (4) refugee resettlement; and (5) building refugee self-sufficiency. Some of the key recommendations include: the development of a responsibility-sharing formula to respond to large movements of refugees; the development of an early warning system to identify and respond to nations in crisis; the adoption of principles included in the Nansen and Migrants in Countries of Crisis initiatives; the use of temporary protection measures to protect populations that flee natural disaster; the adoption of model processes that ensure safe and voluntary return; cooperation between destination and transit countries to expand refugee protections; the provision of asylum and due process protections at borders; the use of development assistance to ensure the self-sufficiency of refugees; the adoption of a goal to resettle 10 percent of the global refugee population each year; the establishment of a refugee matching system between refugees and resettlement countries; and the adoption of coherent strategies, involving all sectors, to address large movements of refugees. This paper draws heavily, albeit not exclusively, from a series of papers published as a special collection in the Journal on Migration and Human Security[1] on strengthening the global system of refugee protection.
Topic:
Migration, United Nations, Refugee Crisis, and Resettlement
Political Geography:
Global Focus

29. Point of No Return: The Fear and Criminalization of Central American Refugees

Author:
CMS
Publication Date:
06-2017
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The purpose of this study was to ascertain the challenges faced by Central American migrants who returned home after failing to gain asylum or other international protection in the United States or Mexico. Cristosal interviewed individuals who fled from El Salvador, Guatemala, and Honduras under threats of violence and persecution and had been deported back to their country of origin to determine why they fled their homelands, why they could not secure asylum, and on their situations post-return. In the context of mass migration from these countries, the study used indepth interviews to understand the different ways in which people experienced the violence and fear that forced them to flee and how their responses upon “voluntary return” or deportation back to their country of origin were shaped by that same violence.
Topic:
International Cooperation and Migration
Political Geography:
Global Focus

30. Mission to the Middle East 2017: The Plight of the Displaced

Author:
Kevin Appleby
Publication Date:
06-2017
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
From February 23, 2017 to March 6, 2017, His Eminence Roger Cardinal Mahony, archbishop emeritus of Los Angeles, California; His Excellency Silvano Tomasi, c.s., delegate secretary for the Holy See’s Dicastery on Integral Human Development; and Kevin Appleby, senior director of international migration policy of the Center for Migration Studies of New York (CMS) and the Scalabrini International Migration Network (SIMN), joined in a mission to Lebanon, Jordan, Iraq, and Greece to examine the situation of refugees and the displaced in these states
Topic:
Migration and International Security
Political Geography:
Global Focus