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21. 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

22. Is Border Enforcement Effective? What We Know and What It Means

Author:
Edward Alden
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
For too long, the policy debate over border enforcement has been split between those who believe the border can be sealed against illegal entry by force alone, and those who believe that any effort to do so is futile and without expanded legal work opportunities. And for too long, both sides have been able to muster evidence to make their cases — the enforcers pointing to targeted successes at sealing the border, and the critics pointing to continued illegal entry despite the billions spent on enforcement. Until recently it has been hard to referee the disputes with any confidence because the data was simply inadequate — both sides could muster their preferred measures to make their case. But improvements in both data and analysis are increasingly making it possible to offer answers to the critical question of the effectiveness of border enforcement in stopping and deterring illegal entry. The new evidence suggests that unauthorized migration across the southern border has plummeted, with successful illegal entries falling from roughly 1.8 million in 2000 to just 200,000 by 2015. Border enforcement has been a significant reason for the decline — in particular, the growing use of “consequences” such as jail time for illegal border crossers has had a powerful effect in deterring repeated border crossing efforts. The success of deterrence through enforcement has meant that attempted crossings have fallen dramatically even as the likelihood of a border crosser being apprehended by the Border Patrol has only risen slightly, to just over a 50-50 chance. These research advances should help to inform a more rational public debate over the incremental benefits of additional border enforcement expenditures. With Congress gearing up to consider budget proposals from the Trump administration that seek an additional $2.6 billion for border security, including construction of new physical barriers, the debate is long overdue. In particular, Congress should be taking a careful look at the incremental gains that might come from additional spending on border enforcement. The evidence suggests that deterrence through enforcement, despite its successes to date in reducing illegal entry across the border, is producing diminishing returns. There are three primary reasons. First, arrivals at the border are increasingly made up of asylum seekers from Central America rather than traditional economic migrants from Mexico; this is a population that is both harder to deter because of the dangers they face at home, and in many cases not appropriate to deter because the United States has legal obligations to consider serious requests for asylum. Second, the majority of additions to the US unauthorized population is now arriving on legal visas and then overstaying; enforcement at the southern border does nothing to respond to this challenge. And finally, among Mexican migrants, a growing percentage of the repeat border crossers are parents with children left behind in the United States, a population that is far harder to deter than young economic migrants. The administration could better inform this debate by releasing to scholars and the public the research it has sponsored in order to give Americans a fuller picture on border enforcement.
Topic:
Immigration, Border Control, and Refugees
Political Geography:
United States, Central America, and North America

23. 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

24. A Medium- and Long-Term Plan to Address the Central American Refugee Situation

Author:
Dan Restrepo and Silva Mathema
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
It is impossible to understand the flow of refugees emanating from Guatemala, Honduras, and El Salvador—collectively, known as the Northern Triangle of Central America—without understanding the security and economic conditions in each of the three countries. Despite important differences, the three Northern Triangle countries are among the poorest in the Americas and the most violent in the world. Based on statistics from the U.N. Office on Drugs and Crime, or UNODC, Guatemala, Honduras, and El Salvador were three of the five most dangerous countries in the world in 2013—the last year for which U.N. statistics are available. That year, Honduras had the world’s highest per capita homicide rate, at 90.4 homicides per 100,000 people; El Salvador ranked fourth, with a rate of 41.2 homicides per 100,000 people; and Guatemala was fifth, with a rate of 39.9 homicides per 100,000 people. Since then, the situation in El Salvador has dramatically worsened following the 2014 breakdown of a 2012 truce between two of its largest and most powerful street gangs: MS-13 and Barrio 18. In 2015, El Salvador became the most dangerous country in the Western Hemisphere, with a homicide rate of 108.5 per 100,000. This made it 24 times more dangerous than the United States, which had a homicide rate of 4.5 per 100,000 in 2014. The violence in some of these countries’ cities is even worse. For example, San Salvador, the capital city of El Salvador, averaged one murder every hour in August 2015—the highest number of murders since the end of the country’s horrific civil war in 1992.5 The 2015 homicide rates in both Honduras and Guatemala improved to 62.5 and 29.2 homicides per 100,000 people, respectively.
Topic:
Migration, Border Control, Refugee Crisis, and Humanitarian Crisis
Political Geography:
Central America, North America, Honduras, El Salvador, and United States of America

25. A Short-Term Plan to Address the Central American Refugee Situation

Author:
Philip E. Wolgin
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
Over the past half-decade, rising violence and structural poverty in the Northern Triangle region of Central America—which encompasses El Salvador, Honduras, and Guatemala—have pushed thousands of children and families to flee for safety. These three countries are some of the most dangerous on the planet, with high rates of homicide and specifically femicide—the killing of women and girls. Violence, corruption, and extortion play a big part in everyday life. Since 2014, more than 120,000 children and another 120,000 people in family units from this region have arrived in the United States seeking protection. The flow of these asylum seekers peaked in fiscal year 2014 before dipping, perhaps temporarily, in FY 2015. This drop occurred not because conditions improved in the region but because of a sustained effort by the U.S. government—with the help of Mexico and the Northern Triangle countries—to stop people from making the dangerous journey or to intercept them on the way to the United States. This year, in FY 2016, the numbers of children and families arriving in the United States have begun to rise again as conditions in the region continue to deteriorate. This report lays out short-term recommendations for ensuring that all asylum seekers who reach the United States receive a full and fair shot at protection. The recommendations are structured to follow the process that children and families go through when seeking protection: arrival in the United States, custody determinations and detention, and proceedings in the immigration courts.
Topic:
Migration, Border Control, Refugee Crisis, and Humanitarian Crisis
Political Geography:
Central America, North America, Honduras, Guatemala, El Salvador, and United States of America

26. 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

27. To secure southern border, US must lead international effort to stabilize Central America

Author:
Roger F. Noriega and José R. Cárdenas
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
The recent influx of illegal Central American immigrants (including a surge of unaccompanied minors) into the United States stems in part from violent, sophisticated drug trafficking operations in those nations and governments that are either unwilling or unprepared to confront organized crime. These operations are not only driving many more immigrants to the United States but also threatening US national security. Investing additional money in fences and border patrol agents alone will not solve US illegal immigration problems. Short-term steps for the US should include thwarting human smuggling, addressing human rights and refugee concerns before people abandon their countries, and mobilizing international cooperation and funding. To address immigration and security problems in the long term, a US-led multinational initiative is needed to better equip Central American governments to confront criminal organizations and drug trafficking and to hold corrupt officials accountable.
Topic:
Narcotics Trafficking, Immigration, Border Control, and Reform
Political Geography:
Central America

28. Unauthorized Migrants in the United States

Author:
Jeffrey Passel
Publication Date:
09-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
This report discusses methods of measuring unauthorized migration to the United States. The “residual method” involves comparing an analytic estimate of the legal foreign-born population with a survey-based measure of the total foreign-born population. The difference between the two population figures is a measure of the unauthorized migrant population in the survey; it can then be corrected for omissions to provide a measure of the total unauthorized population. The report includes a detailed description of the residual methods and the underlying data and assumptions as it has been applied to recent data from the Current Population Survey (CPS) and decennial censuses. The paper presents new results of estimates derived from the march 2006 CPS which show that the unauthorized population in the U.S. has reached 11.5 million; of these, 6.5 million or 57% are from Mexico. The report also presents derived data on a range of social and economic characteristics of the unauthorized population developed with an extension of the residual estimates. Finally, historical data on trends in unauthorized migration and several alternative estimation methods are presented and discussed.
Topic:
Migration, Labor Issues, Immigration, Border Control, and Socioeconomics
Political Geography:
United States, Central America, North America, and Mexico