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1. What’s Wrong with Temporary Protected Status and How to Fix It: Exploring a Complementary Protection Regime

Author:
Bill Frelick
Publication Date:
02-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Temporary Protected Status (TPS) became part of the US protection regime in 1990 to expand protection beyond what had been available under the US Refugee Act of 1980, which had limited asylum to those who met the refugee definition from the United Nations’ 1951 Refugee Convention. The TPS statute authorized the attorney general to designate foreign countries for TPS based on armed conflict, environmental disasters, and other extraordinary and temporary conditions that prevent designated nationals from returning in safety. While providing blanket protection that very likely has saved lives, TPS has nonetheless proven to be a blunt instrument that has frustrated advocates on both sides of the larger immigration debate. This article evaluates the purpose and effectiveness of the TPS statute and identifies inadequacies in the TPS regime and related protection gaps in the US asylum system. It argues that TPS has not proven to be an effective mechanism for the United States to protect foreigners from generalized conditions of danger in their home countries. It calls for changing the US protection regime to make it more responsive to the risks many asylum seekers actually face by creating a broader “complementary protection” standard and a more effective procedure for assessing individual protection claims, while reserving “temporary protection” for rare situations of mass influx that overwhelm the government’s capacity to process individual asylum claims. The article looks at alternative models for complementary protection from other jurisdictions, and shows how the US asylum and TPS system (in contrast to most other jurisdictions) fails to provide a mechanism for protecting arriving asylum seekers who do not qualify as refugees but who nevertheless would be at real risk of serious harm based on cruel, inhuman, or degrading treatment or punishment or because of situations of violence or other exceptional circumstances, including natural or human-made disasters or other serious events that disturb public order, that would threaten their lives or personal security. The article proposes that the United States adopt an individualized complementary protection standard for arriving asylum seekers who are not able to meet the 1951 Refugee Convention standard but who would face a serious threat to life or physical integrity if returned because of a real risk of (1) cruel, inhuman, or degrading treatment or punishment; (2) violence; or (3) exceptional situations, for which there is no adequate domestic remedy.
Topic:
Immigration, Border Control, Citizenship, and Domestic Policy
Political Geography:
United States, Central America, and North America

2. Tailpipe Wars: The Presidential Politics of U.S. Auto Emissions

Author:
Ryan Warsing
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
Despite growing consensus that climate change is real, manmade, and pernicious, the U.S. Congress has failed to update old laws – to say nothing of passing new ones – that might mitigate the crisis. State governments have attempted to fill the void, with California setting de facto national policy using powers delegated under the 1970 Clean Air Act (CAA). The Trump administration’s 2019 bid to revoke these powers rejects the process of “iterative federalism” and leads one to believe Trump’s agenda is both vindictive in nature and impervious to broad support for environmental regulation. Yet this support (even in electorally pivotal states like Pennsylvania) proves a weak motivating factor next to the needs of vulnerable constituencies, notably autoworkers. Trump’s agenda is rationally set by his need to attract support in states like Michigan where votes are precious and regulatory exposure is high. Long a means for the federal government to enjoy environmental progress at a safe political distance, the “California carve-out” seems to have exhausted its utility with the Trump administration, which deems all environmental regulation anathema to growth and the happiness of its base. Trump’s rationale is best understood using Conditional Pandering Theory (CPT), which predicts that presidents with middling approval numbers are apt to be led by the public as Election Day draws near and policy outcomes can be delayed. In the case of emissions, policy outcomes are immaterial so long as targeted marginal voters deliver the president a second term.
Topic:
Climate Change, Legislation, Pollution, Domestic Policy, and Carbon Emissions
Political Geography:
North America and United States of America

3. Effect of “Just Cause” Eviction Ordinances on Eviction in Four California Cities

Author:
Julieta Cuellar
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
The Eviction Lab’s recently released dataset of evictions in the United States provides rich opportunities for exploring the effect of state and local policies on eviction rates. Just cause eviction ordinances—local laws that outline what constitutes grounds for eviction—have gained traction as a policy solution for addressing the eviction crisis. This paper analyzes the relationship between just cause eviction ordinances and eviction rates and eviction filing rates in four California cities. A difference-in-differences matched case model suggests that there is a statistically significant, large, and negative difference between eviction rates and eviction filing rates before and after the passage of just cause eviction ordinances in the four treatment cities, as compared to the difference in these rates before and after the passage of just cause eviction ordinances in matched control cities. Cities that implemented just cause eviction laws experienced lower eviction, by 0.808 percentage points, and eviction filing rates, by 0.780 percentage points, than those that did not.
Topic:
Law, Domestic Policy, and Eviction
Political Geography:
North America and United States of America

4. US Elections - The optimistic worst-case scenario

Author:
Christian Kvorning Lassen
Publication Date:
11-2020
Content Type:
Commentary and Analysis
Institution:
Europeum Institute for European Policy
Abstract:
Christian Kvorning Lassen, Deputy Director of the EUROPEUM Institute for European Policy, comments on the US presidential election. The US elections will come down to the wire, and will be determined by mail-in votes. While this was fully expected during the COVID-19 pandemic, it was also the worst-case scenario given Trump’s persistent attempts to delegitimize mail-in votes, despite lack of clear evidence of their fraudulence. Much like 2016, the key battleground states are Pennsylvania (20 EC votes), Michigan (16) and Wisconsin (10), with mail-in votes deciding their outcome. As of this writing, Pennsylvania has counted 700.000 out of 2.5 million mail-in votes, of which Biden has won 71.7% of them to Trump’s 21.3%. Michigan has counted 425.000 out of 2.48 million, with Biden winning 65% to Trump’s 33%. Finally, Wisconsin still needs to count 1.3 million mail-in votes. Should the trend of Biden winning 2/3 of all mail-in votes, Biden will be a clear election winner, giving the Biden camp cause for optimism.
Topic:
Elections, Donald Trump, Pandemic, and Domestic Policy
Political Geography:
Europe, North America, and United States of America

5. Without Dallas: John F. Kennedy and the Vietnam War

Author:
Mark White
Publication Date:
11-2020
Content Type:
Commentary and Analysis
Institution:
American Diplomacy
Abstract:
What if the most famous murder in history had not taken place on November 22, 1963? With a life and a presidency ended prematurely by an assassin’s bullets, there has been an understandable impulse on the part of historians to consider what would have happened to Kennedy had he lived beyond Dallas. Equally understandable, historians have commented on this issue so as to bolster their interpretation of Kennedy’s presidency.
Topic:
Elections, Vietnam War, and Domestic Policy
Political Geography:
Vietnam, North America, Southeast Asia, and United States of America

6. US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year

Author:
Robert Warren
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article presents estimates of the US undocumented population for 2017 derived by the Center for Migration Studies of New York (CMS). It focuses on the steep decline in the undocumented population from Mexico since 2010. While the president has focused the nation’s attention on the border wall, half a million[1] US undocumented residents from Mexico left[2] the undocumented population in 2016 alone, more than three times the number that arrived that year, leading to an overall decrease of nearly 400,000 undocumented residents from Mexico from 2016 to 2017. From 2010 to 2017, the undocumented population from Mexico fell by a remarkable 1.3 million. For the past 10 years, the primary mode of entry for the undocumented population has been to overstay temporary visas. This article provides estimates of the number of noncitizens who overstayed temporary visas and those who entered without inspection (EWIs) in 2016 by the top five countries of origin. Summary of Findings The US undocumented population from Mexico fell by almost 400,000 in 2017. In 2017, for the first time, the population from Mexico constituted less than one half of the total undocumented population. Since 2010, the undocumented population from Mexico has declined by 1.3 million. In California, the undocumented population from Mexico has declined by 26 percent since 2010, falling from 2.0 to 1.5 million; it also dropped by 50 percent in Alabama, and by one third in Georgia, New York, and New Mexico. The undocumented population from Venezuela grew rapidly after 2013, increasing from 60,000 to 145,000 in just four years. Visa overstays have significantly exceeded illegal border crossings during each of the last seven years. Mexico was the leading country for overstays in 2017, with about twice as many as India or China. The estimates presented here were derived by CMS based on information collected in the Census Bureau’s annual American Community Survey (ACS). The procedures used to derive detailed estimates of the undocumented population are described in Warren (2014). CMS used its annual estimates of the undocumented population for 2010 to 2017 — by state of residence, country of origin, and year of entry — to compile the information described here. Additional methodological details appear as footnotes or as notes in the tables.
Topic:
Migration, Border Control, and Domestic Policy
Political Geography:
United States, Central America, and North America

7. Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship

Author:
Donald Kerwin and Robert Warren
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article examines the ability of immigrants to integrate and to become full Americans. Naturalization has long been recognized as a fundamental step in that process and one that contributes to the nation’s strength, cohesion, and well-being. To illustrate the continued salience of citizenship, the article compares selected characteristics of native-born citizens, naturalized citizens, legal noncitizens (most of them lawful permanent residents [LPRs]), and undocumented residents. It finds that the integration, success, and contributions of immigrants increase as they advance toward naturalization, and that naturalized citizens match or exceed the native-born by metrics such as a college education, self-employment, average personal income, and homeownership. It finds that: Naturalized citizens enjoy the same or higher levels of education, employment, work in skilled occupations, personal income, and percentage above the poverty level compared to the native-born population. At least 5.2 million current US citizens — 4.5 million children and 730,000 adults — who are living with at least one undocumented parent obtained US citizenship by birth; eliminating birthright citizenship would create a permanent underclass of US-born denizens in the future. Requiring medical insurance would negatively affect immigrants seeking admission and undocumented residents who ultimately qualify for a visa. About 51 percent of US undocumented residents older than age 18 lack health insurance. In 2017, about 1.2 million undocumented residents lived with 1.1 million eligible-to-naturalize relatives. If all the members of the latter group naturalized, they could petition for or expedite the adjustment or immigration (as LPRs) of their undocumented family members, including 890,000 “immediate relatives.” Their naturalization could put 11 percent of the US undocumented population on a path to permanent residency. The article also explores a contradiction: that the administration’s “America first” ideology obscures a set of policies that impede the naturalization process, devalue US citizenship, and prioritize denaturalization. The article documents many of the ways that the Trump administration has sought to revoke legal status, block access to permanent residence and naturalization, and deny the rights, entitlements, and benefits of citizenship to certain groups, particularly US citizen children with undocumented parents. It also offers estimates and profiles of the persons affected by these measures, and it rebuts myths that have buttressed the administration’s policies. For example, the Trump administration and restrictionist legislators have criticized the US immigration system’s emphasis on family reunification for its supposed failure to produce skilled workers. Yet the article finds that: The current immigration system, which prioritizes the admission of the nuclear family members of US citizens and LPRs, yields a legal foreign-born population that has occupational skills equal to those of the native-born population. The legal foreign-born population living in 24 US states and Washington, DC, and those from 94 source countries have higher percentages of skilled workers than the overall population of native-born workers.
Topic:
Immigration, Citizenship, and Domestic Policy
Political Geography:
United States and North America

8. Developing a More Inclusive US Trade Policy at Home and Abroad

Author:
Kimberly Ann Elliott
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
American policymakers have failed to adequately respond to concerns about globalization’s effects and the resulting backlash has taken an ugly turn in recent years. While globalization is only one of many factors contributing to economic dislocation, sluggish wage growth and inequality in the United States, foreigners, and developing countries in particular, are frequently the target of those who are frustrated at being left behind. Yet few realize that US trade policy effectively discriminates against poorer countries. In addition, provisions in trade agreements that tilt the playing field in favor of business interests over those of American consumers and workers also often undermine development priorities in partner countries. American policymakers should rethink the substance and process of trade policy and negotiations to spread the benefits more broadly, at home and abroad.
Topic:
Globalization, International Trade and Finance, Inequality, and Domestic Policy
Political Geography:
United States and North America

9. U.S. Foreign Policy for the Middle Class: Perspectives From Ohio

Author:
Salman Ahmed, Karan Bhatia, Wendy Cutler, David Gordon, Jennifer Harris, Edward Hill, Douglas Lute, Daniel M. Price, William Shkurti, Christopher Smart, Fran Stewart, Jake Sullivan, Ashley J. Tellis, and Tom Wyler
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Carnegie Endowment for International Peace
Abstract:
All U.S. administrations aim to conceive foreign policies that protect and enhance Americans’ safety, prosperity, and way of life. However, views now diverge considerably within and across political party lines about whether the U.S. role abroad is adequately advancing the economic well-being of the middle class at home. Today, even as the U.S. economy is growing and unemployment rates are falling, many households still struggle to sustain a middle-class standard of living. Meanwhile, America’s top earners accrue an increasing share of the nation’s income and wealth, and China and other economic competitors overseas reap increasing benefits from a global economy that U.S. security and leadership help underwrite. Policymakers need to explore ways to make U.S. foreign policy work better for America’s middle class, even if their economic fortunes depend largely on domestic factors and policies. However, before policymakers propose big foreign policy changes, they should first test their assumptions about who the middle class is, what economic problems they face, and how different aspects of U.S. foreign policy can cause or solve them. They need to examine how much issues like trade matter to these households’ economic fortunes relative to other foreign and domestic policies. They should acknowledge the trade-offs arising from policy changes that benefit some communities at the expense of others. And they should reach beyond the foreign policy establishment to hear from those in the nation’s heartland who have critical perspectives to offer, especially state and local officials, economic developers, small business owners, local labor representatives, community leaders, and working families. With these objectives in mind, the Carnegie Endowment for International Peace launched a series of state-level case studies to determine whether significant changes to U.S. foreign policy are needed to better advance the economic well-being of America’s middle class. Ohio was chosen for the inaugural study because of its economic and political diversity and its well-known status as a bellwether state. Carnegie partnered with researchers at OSU to conduct the study and convened a bipartisan task force comprised of former senior policymakers to provide strategic guidance and shape the findings. Interviews were conducted in Cleveland, Columbus, Coshocton, Dayton, Lima, and Marion to solicit views in diverse conditions across the state.
Topic:
Foreign Policy, Government, National Security, Politics, Class, and Domestic Policy
Political Geography:
North America and United States of America

10. Controlling Agency Choke Points: Presidents and Turnover in the Senior Executive Service

Author:
Kathleen Doherty, David Lewis, and Scott Limbocker
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
Department of Social Sciences at West Point, United States Military Academy
Abstract:
If presidents wish to see their policy priorities implemented, they need control over career executives occupying key decision-making positions. This paper examines the extent to which new presidential administrations marginalize high level career executives and whether political conflict with a new administration drives executives from their positions. Once in office, presidents are more likely to target individuals with whom they conflict and those in important policymaking positions. Turnover is also affected by the choices of career executives. Some anticipate conflict and strategically exit before a new president takes office. To assess our theory, we use unique new data that combines individual survey responses with personnel records to analyze the probability that an agency executive departs her position from March 2015 to July 2017. Given our findings that turnover is driven both by presidential marginalization and strategic exit by bureaucrats, we conclude with implications for presidential efforts to control the bureaucracy.
Topic:
Leadership, Federalism, Bureaucracy, and Domestic Policy
Political Geography:
United States and North America