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82. The US Refugee Protection System on the 35th Anniversary of the Refugee Act of 1980
- Author:
- Donald Kerwin
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- In 2013, the Center for Migration Studies of New York (CMS) initiated a project to bring concentrated academic and policy attention to the US refugee protection system, broadly understood to encompass refugees, asylum seekers and refugeelike populations in need of protection. The initiative gave rise to a series of papers published in 2014 and 2015, which CMS is releasing as a special collection in its Journal on Migration and Human Security on the 35th anniversary of the Refugee Act of 1980. This introductory essay situates the papers in the collection within a broader discussion of state compliance with international law, impediments to protection, US protection programs, vulnerable populations, and due process concerns. The essay sets forth extensive policy recommendations to strengthen the system drawn from the papers, legislative proposals, and other sources.
- Topic:
- International Law, Refugee Issues, and Refugee Crisis
- Political Geography:
- Global Focus
83. Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System addresses one of the most troubled features of the US immigration system and highlights the need for fundamental changes to it. The report comes six years since the inception of the Obama administration’s detention reform initiative. In the interim, the number of immigrant detainees per year has risen to more than 400,000, the administration has opened immense new family detention centers, and the overwhelming majority of persons in the custody of the Department of Homeland Security (DHS) have remained in prisons, jails and other secure facilities where they are subject to standards designed for criminal defendants and, in many ways, treated more harshly than criminals.
- Topic:
- Immigration, Prisons/Penal Systems, Border Control, Reform, and Homeland Security
- Political Geography:
- United States of America
84. Humanitarian Protection for Children Fleeing Gang-Based Violence in the Americas
- Author:
- Elizabeth Carlson and Ann Marie Gallagher
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- By the end of 2011, the US Customs and Border Protection (CBP) began to see a steady rise in the number of Unaccompanied Alien Children (UAC) from Central America, particularly from the Northern Triangle countries— El Salvador, Honduras and Guatemala—arriving to the US-Mexico border. The number of children entering the United States from these countries more than doubled during fiscal year (FY) 2012 and continued to grow through FY 2014. In FY 2013, CBP apprehended over 35,000 children. That number almost doubled to 66,127 in FY 2014, with Central American children outnumbering their Mexican counterparts for the first time. Research has identified high levels of violence perpetrated by gangs and drug cartels in the Northern Triangle countries and Mexico as a primary reason for this surge. Under the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) passed with bi-partisan support in 2008, children from Central America cannot be deported immediately and must be given a court hearing.
- Topic:
- Political Violence, War on Drugs, Border Control, Children, and Trafficking
- Political Geography:
- Central America and United States of America
85. In Harm’s Way: Family Separation, Immigration Enforcement Programs and Security on the US-Mexico Border
- Author:
- Jeremy Slack, Daniel E. Martinez, Scott Whiteford, and Emily Peiffer
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- The Consequence Delivery System (CDS) is a suite of border and immigration enforcement programs designed to increase the penalties associated with unauthorized migration in order to convince people not to return (Rosenblum 2013). Despite its inauguration in 2011, many aspects of the CDS are not new. CDS does however, mark a shift from the deterrent strategy that, in the 1990s that relied heavily on the dangers of the natural terrain to dissuade unauthorized border crossers, to one that actively punishes, incarcerates, and criminalizes them. This article presents findings from the Migrant Border Crossing Study, a random sample survey of 1,100 recently deported migrants in six cities in Mexico conducted between 2009 and 2012. It examines the demographics and family ties of deportees, their experiences with immigration enforcement practices and programs under the CDS, and how these programs have reshaped contemporary migration and deportation along the US-Mexico border. The article covers programs such as criminal prosecutions of illegal entries under Operation Streamline, and the Alien Transfer and Exit Program (ATEP) or lateral repatriation program which returns immigrants to different locations from where they illegally entered. In relationship to these programs, it considers issues of due process and treatment of deportees in US custody. It also examines interior enforcement under Secure Communities, which, during the study period, comprised part of the overarching border security plan, and screened virtually everybody arrested in the United States against immigration databases.
- Topic:
- Crime, Demographics, Immigration, Border Control, and Reform
- Political Geography:
- Mexico and United States of America
86. The Syrian Refugee Crisis: A Comparison of Responses by Germany, Sweden, the United Kingdom, and the United States
- Author:
- Nicole Ostrand
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- The conflict in Syria between the government of Bashar al-Assad and various other forces, which started in the spring of 2011, continues to cause displacement within the country and across the region. By the end of 2014, an estimated 7.6 million people were internally displaced and 3.7 million Syrians had fled the country since the conflict began (OCHA 2014; UNHCR 2015a). The refugee situation caused by the Syrian conflict is dire, and it has placed enormous strain on neighboring countries. Lebanon, Jordan, Iraq, Egypt, and Turkey host massive numbers of Syrian refugees, and Syrians have been seeking protection beyond these countries in increasing numbers since 2011. This paper looks at the burdens and costs of the Syrian refugee crisis and considers how they have, or have not, been shared by the international community at large, and in particular by Germany, Sweden, the United Kingdom, and the United States. It also considers to what degree Syrians have been able to find protection in states outside the region. Germany and Sweden, by the end of 2014, had provided protection to the largest number of Syrian refugees outside the region. Although Germany, Sweden, the United Kingdom, and the United States differ in the level of protection provided to Syrians, all four states have increased protection to Syrians via resettlement and asylum (and in the case of the US temporary protected status) since 2012. Despite this, the degree of protection provided by the four states is modest in relation to that provided by neighboring countries to Syria, and far more could be done. This paper also argues that the international community as a whole has not sufficiently contributed toward alleviating the burden caused by the Syrian refugee influx, in terms of both financial assistance and refugee resettlement.
- Topic:
- Civil War, Humanitarian Aid, Regional Cooperation, Authoritarianism, and Refugee Crisis
- Political Geography:
- Syria
87. Book Review: Diaspora Lobbies and the US Government: Convergence and Divergence in Making Foreign Policy By Josh DeWind and Renata Segura, eds. New York, NY: Social Science Research Council and New York University Press, 2014. 320 pages.
- Author:
- Thomas Ambrosio
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- While concerns about the loyalties of “hyphenated Americans” remain, the widespread acceptance of multiculturalism in American society has legitimized activities by ethnic groups to advocate within the US political system on behalf of their country of origin and its interests. This phenomenon is not new, but it has received heightened scholarly attention since the end of the Cold War for three reasons. First, given the level of American power, the United States has fewer constraints on its actions on the international stage and therefore its internal sources of conduct are more important — interest groups of all types could potentially influence US foreign policy to a greater degree than before. Second, the United States’ highly diverse ethnic composition means that nearly every event outside the country has an impact on at least some of its citizens; moreover, there are a multitude of ethnic groups vying for influence over US foreign policy. This diversity and mobilization has increased over the past few decades. Lastly, the decentralized nature of the American political system (and, in particular, the US Congress) allows for multiple points of entry into the policy-making process, which, in turn, grants these groups greater influence. Ethnic interest groups are a core part of this system and they must be taken into account when seeking to explain American foreign policy.
- Topic:
- Foreign Policy, Cold War, Politics, and Ethnicity
- Political Geography:
- United States of America
88. Immigration Reform and Administrative Relief for 2014 and Beyond: A Report on Behalf of the Committee for Immigration Reform Implementation (CIRI), Human Resources Working Group
- Author:
- Charles Kamasaki, Susan Timmons, Courtney Tudi, Amelia Collins, Jack Holmgren, Donald Kerwin, and Kerry O'Brien
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Successful implementation of any broad-scale immigrant legalization program requires an adequately funded infrastructure of immigrant serving organizations. In 2014, President Obama announced an expanded Deferred Action for Childhood Arrivals (DACA) program, as well as the Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) program, which would make it possible for approximately five million people to attain lawful, albeit temporary, status and employment authorization. As the initial DACA program instituted in 2012 has already stretched the capacity of immigrant-serving organizations to their limits or even beyond them, the possibility of full implementation of DAPA and the expanded DACA programs presents a formidable challenge for these organizations.
- Topic:
- Human Welfare, Humanitarian Aid, Immigration, Sociology, and Reform
- Political Geography:
- Global Focus
89. California Dreaming: The New Dynamism in Immigration Federalism and Opportunities for Inclusion on a Variegated Landscape
- Author:
- Roberto Suro
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Interactions between local, state and federal governments as regards immigration policies began to undergo a dramatic change with the passage of Proposition 187 in California in 1994. Seemingly settled issues over the relative prerogatives of different levels of government and even different branches of government have since been the subject of frequent contention in many venues and in many domains of immigration policy. During this period, especially in the last decade, a new dynamism has developed in immigration federalism that is evident in both policymaking processes and policy outcomes. In policy processes, this dynamism is characterized by an increasingly broad distribution of powers and responsibilities across all levels of government. As a result, an ever-broader array of actors has gained a say over immigration policies. These include not only elected office holders and government officials but also advocates and activists from many sectors of civil society including immigrant communities themselves. Finally, the different levels of government and policy actors do not operate in isolation but rather in vigorous interaction across multiple levels of government and among advocates of different sorts both in the formulation and implementation of policy. This new dynamism is reflected in recent scholarship that describes models of federalism based on discourse, intermediation and collaboration among governments rather than resting primarily on the longstanding constitutional arguments over the balance of power between the states and the federal government. The policy outcomes produced by this new dynamism are marked by highly divergent and varied results. The federal government devolved some powers over welfare and policing policies regarding immigrants, but implementation by state and local governments was largely dictated by local factors rather than Washington's intent. Meanwhile, many sub-federal governments have taken the initiative to assume powers on immigration matters. In some cases they have mitigated the punitive effects of being unauthorized under federal rules and have created pathways of civic inclusion for immigrants who otherwise suffer isolation from the body politic. Taking the opposite approach, other jurisdictions have adopted enforcement regimes meant to heighten the impact of federal exclusion. In effect, Washington still exercises exclusive power to determine an individual's immigration status, but many state and local governments have enacted policies that define the practical consequences of that status. The paper concludes by positing the likelihood of heightened differentiation on immigration policy on a state and local basis, particularly if Washington remains unable to enact a new policy regime in this area. Instead of a single, dominant federal policy, many state and local jurisdictions will create policies that condition the immigrant experience sufficiently to influence the size and content of migration flows. Across a highly variegated landscape of immigration policies, some places will be welcoming while others will be inhospitable, even hostile, to newcomers. This new dynamism in immigration federalism and the resulting variety of outcomes are products of large, deeply rooted trends in American society that are unlikely to change in the foreseeable future.
- Topic:
- Immigration
- Political Geography:
- California
90. On the Margins: Noncitizens Caught in Countries Experiencing Violence, Conflict and Disaster
- Author:
- Sarah Drury, John Flanagan, Aaron Gregg, Pitchaya Indravudh, Abbie Taylor, and Sanjula Weerasinghe
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Today, perhaps more than ever, humanitarian crises permeate the lives of millions, triggering increased human movement and repeatedly testing the international community's capacity to respond. Stakeholders within the international community have recognized that existing legal and institutional frameworks for protecting forced migrants are inadequate to address the diversity of movements and needs. This article examines the situation of noncitizens who are caught in violence, conflict, and disaster, and asserts that they are an at-risk population requiring tailored responses. Recent history has witnessed numerous humanitarian crises in which noncitizens have been among those most seriously affected. With more people than at any other point in history residing outside of their country of origin, the presence of new and sustained eruptions of violence and conflict, and the frequency and intensity of disasters predicted to increase, noncitizens will continue to be caught in countries experiencing crises. Destination countries, as well as origin countries whose citizens are caught in crisis situations abroad, must understand the challenges that noncitizens may encounter in accessing assistance and protection, and must formulate responses to ensure that their needs are adequately accommodated. While both citizens and noncitizens may encounter difficulties in any given humanitarian crisis, research on five recent crises—the Libyan uprising, the Tohoku earthquake, the tsunami and Fukushima nuclear accident in Japan, flooding in Thailand, Hurricane Sandy in the United States, and the on-going conflict in Syria—demonstrates that a range of factors create particular challenges for noncitizens. Factors related to the underlying environment in the country undergoing a crisis and the responses of different actors may exacerbate the vulnerability of noncitizens. Moreover, different groups of noncitizens manifest distinct protection needs due to specific attributes. In a given context, the interaction of these factors leads to varying levels of vulnerability for different groups, and the experiences of noncitizens in crisis situations implicate a range of fundamental human rights. Promising practices which may reduce the vulnerabilities of noncitizens and their exposure to harm during crises include: limiting immigration enforcement activities in favor of dispensing life-saving assistance; communication of emergency and relief messages in multiple languages and modes; facilitating entry and re-entry; and providing targeted relief services. These practices are not limited to countries experiencing crises; origin countries have also displayed judicious actions, undertaking bi-lateral negotiations to address specific needs and seeking external assistance in order to protect their citizens who are caught in crisis situations. This article seeks to inform ways to mitigate the vulnerabilities and address unmet assistance and protection needs of noncitizens caught in countries experiencing crises. It focuses primarily on vulnerabilities experienced during crises, acknowledging the importance of preventative action that targets the potential vulnerabilities and needs of noncitizens. It also acknowledges that assistance and protection needs often persist beyond the abatement of crises and warrant ongoing intervention. The observations presented in this paper are drawn from desk research on a limited number of situations, and therefore, the article is an introductory attempt to call attention to the issues at play when a crisis occurs, rather than an in-depth study of the subject. Nonetheless, it offers recommendations for alleviating the exposure of noncitizens, which include actions aimed at: addressing the underlying legal and policy landscape related to crises and relevant areas like immigration so as to account for the presence and needs of noncitizens; ensuring that all categories of noncitizens are able to access, understand and navigate information regarding emergency and relief assistance and are able to utilize them; and limiting the exposure of noncitizens to harm through targeted measures that address their particular needs and vulnerabilities.
- Topic:
- Conflict Resolution and Humanitarian Aid
- Political Geography:
- Syria and Thailand