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101. Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance

Author:
Lauren Gilbert
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper uses New York City's consideration of an amendment to its charter that would extend voting rights to noncitizens in municipal elections as a case study in immigrant integration and local governance. It argues that New York City's biggest challenge in moving this issue forward is dealing successfully with two related questions: 1) why the New York City Council should be able to decide who “the People” are without approval from the state government in Albany and 2) whether it should attempt to enact the measure without a referendum. The analysis first examines the role of local government in regulating the lives of immigrants, contrasting enforcement-oriented strategies with those that are more integration-oriented. It then spotlights federal law obstacles to noncitizen suffrage, concluding that while neither federal criminal nor immigration law prevents state or local governments from extending the franchise to noncitizens in state or local matters, federal law imposes impediments that may deter some noncitizens from registering or that could carry serious immigration consequences for those who vote in violation of federal law. The article then focuses on state law obstacles, including New York's constitution, its state election law and its home rule provisions. It contrasts other recent experiences with noncitizen suffrage around the country, looking at both municipal and school board elections. Finally, it provides some thoughts on best practices in moving forward the issue of noncitizen suffrage in New York City and other locales. New York law is ambiguous enough that good arguments can be made for why neither Albany's approval nor a city-wide referendum is required. However, given New York City's historic relationship with Albany and the state legislature's power to preempt local law on election matters, if the city council attempts to expand the franchise to noncitizen voters without a referendum or comparable measure, it could trigger preemptive action in Albany or lengthy, divisive, and costly battles in the courts.
Topic:
Immigration
Political Geography:
New York

102. International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress (Edited by Leonir Mario Chiarello and Donald Kerwin, Scalabrini International Migration Network, 2014)

Author:
Breana George
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
With the passage of immigration reform legislation stalled in the House of Representatives, President Obama announced on June 30, 2014 that he was prepared to exercise executive authority on immigration if Congress had not acted by the end of the August recess. In early September, however the administration indicated that it would not move forward with issuing an immigration directive until after the November midterm elections due to polarization over the issue (Shear 2014). The administration argued that prolonging the time frame to act would allow the President to unveil a bolder and more sustainable policy to provide administrative relief to unauthorized immigrants (ibid.)
Topic:
Immigration and Reform
Political Geography:
United States

103. Legalization Programs and the Integration of Unauthorized Immigrants: A Comparison of S. 744 and IRCA

Author:
María E Enchautegui
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Experiences under the Immigration Reform and Control Act of 1986 (IRCA) may prove to be a poor guide for understanding how smoothly today's unauthorized immigrants will integrate into the economy under reform proposals such as the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). While IRCA provided a relatively quick path to legal permanent resident status, S. 744 proposes a decade long process with much attendant uncertainty. This and other provisions in S. 744 may adversely affect immigrants' integration and economic mobility.
Topic:
Economics and Immigration
Political Geography:
United States

104. The Price of Rights: Regulating International Labor Migration

Author:
Susan Gzesh
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
International human rights are "inalienable, indivisible, and universal." One cannot bargain away one's rights ("inalienable"); human rights are a whole with economic rights and civil rights being inter-dependent ("indivisible"); and human rights do not depend on citizenship or membership in a nation state ("universal"). A human being does not lose his or her human rights by crossing a border. However in state regulation of the entrance and stay of temporary migrant workers, the ideal of universal human rights clashes with the prerogatives of sovereignty and power.
Topic:
Human Rights and Immigration
Political Geography:
United States

105. Temporary Protected Status after 25 Years: Addressing the Challenge of Long-Term "Temporary" Residents and Strengthening a Centerpiece of US Humanitarian Protection

Author:
Claire Bergeron
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Since 1990, the United States has offered hundreds of thousands of non-citizens who are unable to return to their countries of origin because of war or a natural disaster a vital form of humanitarian protection: temporary protected status (TPS). While a grant of TPS does not place a non-citizen on a path to permanent residence, TPS recipients receive protection against deportation and temporary permission to live and work in the United States. Nearly 25 years after the statutory creation of TPS, however, the use of the program has been the subject of some debate, largely because of concerns over whether TPS grants are truly "temporary."
Political Geography:
United States

106. Creating a More Responsive and Seamless Refugee Protection System: The Scope, Promise and Limitations of US Temporary Protection Programs

Author:
Donald Kerwin
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Temporary protection programs can provide haven to endangered persons while states and non-governmental organizations (NGOs) work to create durable solutions in sending, host and third countries. They have the potential to further the interests of forced migrants in protection, states in effective and coordinated migration management, and the international community in solidarity.
Topic:
Immigration
Political Geography:
United States

107. Mrs. Shipley's Ghost: The Right to Travel and Terrorist Watchlists

Author:
Susan Ginsburg
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The 1948 Universal Declaration of Human Rights affirmed in Article 13 that "[e]veryone has the right to leave any country, including his own, and to return to his country." In response to the Soviet Union's and China's prohibitive controls over the travel of their citizens, Article 13 recognized the right of individual citizens to take trips to other countries willing to receive them, knowing that they may return home at the end of their foreign stays.
Topic:
Globalization and Human Rights
Political Geography:
United States and China

108. Identifying and Measuring the Lifelong Human Capital of "Unskilled" Migrants in the Mexico-US Migratory Circuit

Author:
Jacqueline Hagan, Jean Luc Demonsant, and Sergio Chávez
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Most human capital and migration studies classify migrants with limited formal education as "unskilled," despite substantial skills developed through job and life experiences. Drawing on a binational multi-stage research project that involved interviews with 320 Mexican migrants and return migrants in North Carolina and Guanajuato, Mexico, we identify the lifelong human capital they acquired and transferred throughout their careers and discover that these include not only basic education and English, but also technical and social skills and competences acquired informally on and off the job throughout the course of one's life. We further find that the learning and transfer of skills is a lifelong, gendered process, reflecting the different social contexts and jobs in which men and women learn. In this paper we document several mobility pathways associated with the acquisition and transfer of skills across the migratory circuit, including reskilling, occupational mobility, job jumping, and entrepreneurship.
Topic:
Immigration
Political Geography:
Mexico and North Carolina

109. Unfulfilled Promises, Future Possibilities: The Refugee Resettlement System in the United States

Author:
Todd Scribner and Anastasia Brown
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
World War II caused the displacement of millions of people throughout Europe. In response, the United States initiated a public-private partnership that assisted in the resettlement of hundreds of thousands of the region's displaced persons. For nearly 40 years after the War, the US commitment to refugee resettlement played out in an ad hoc fashion as it responded to emerging crises in different ways. During this period the government's involvement with resettlement became gradually intertwined with that of non-governmental resettlement agencies, which came to play an increasingly vital role in the resettlement process. The budding relationship that began in the middle decades of the twentieth century set the foundation for an expansive and dynamic public-private partnership that continues to this day. The Refugee Act of 1980solidified the relationship between resettlement agencies and the federal government, established political asylum in US law, and created the refugee resettlement program and a series of assistance programs to help refugees transition to life in the United States. This legislation marked a decisive turning point in the field of refugee resettlement.
Topic:
War
Political Geography:
United States and Europe

110. An Overview of Pending Asylum and Refugee Legislation in the US Congress

Author:
Melanie Nezer
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
There has been no significant legislation related to the asylum process enacted in Congress in nearly a decade. In 1996, the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) became law, rolling back protections for asylum seekers by including a one-year deadline for filing asylum applications, subjecting asylum seekers to "expedited removal" procedures, and expanding the detention of asylum seekers. In 2005, Congress enacted the REAL ID Act, which created additional legal barriers to asylum, including new requirements for proving an asylum claim.
Topic:
Immigration
Political Geography:
United States