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1. Adaptation of Law and Policy in an Aged Society: Guardianship Law and People’s Behavioural Pattern

Author:
Yukio Sakurai
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
This essay reviews some typologies of people’s behavioural patterns and examines relationships between guardianship laws and policies and people’s behavioural patterns in Japan and the State of Victoria. Through such analysis, a consideration regarding the adaptation of law and policy in an aged society is addressed. By reviewing people’s behavioural patterns in these two states, two keywords appear essential in practice under the guardianship law and policy: one is “family reliance”; the other is “value of individual autonomy.” Most Japanese do not rely on legal measures, including adult guardianship when it concerns private autonomy for property management and personal affairs, but they can use legal measures even staying with family reliance. The guardianship law in Japan must be reformed to create a limited guardianship type with less than one year for self-revocation. With the value of individual autonomy, people can decide by themselves what to do for the future. This issue is difficult to tackle because of the legal consciousness of older Japanese adults and the nuanced relationships between relatives. It is recommended that Japanese people should debate value issues in public for a better society and to ensure the people’s participation in social affairs through their own initiatives for establishing the value of individual autonomy. The baby boom generation, who are educated at schools in democracy postwar, may change the behavioural pattern of older adults in the future. The research method is an interdisciplinary literature survey and interviews with experts, with a particular focus on comparative guardianship law and policy studies in Japan and the State of Victoria.
Topic:
Family, Aging, Autonomy, Behavior, Guardianship, and Reliance
Political Geography:
Japan, Canada, Asia, and North America

2. The Time is Now: Next Steps Toward a More Secure Retirement for All Americans

Author:
Aspen Institute
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Even after a decade of economic growth, the retirement outlook for many Americans remains precarious at best. By one estimate, half of working-age Americans are at risk of not being able to maintain their standard of living when—or if—they stop working. Spurred by this reality, the Aspen Institute Financial Security Program convened its third annual Leadership Forum on Retirement Savings in April. More than 70 experts and industry leaders gathered in Warrenton, Va., to share, evaluate, and refine solutions to the nation’s retirement crisis.
Topic:
Labor Issues, Employment, Finance, Family, and Retirement
Political Geography:
North America and United States of America

3. Leveraging the Potential of Home Visiting Programs to Serve Immigrant and Dual Language Learner Families

Author:
Maki Park and Caitlin Katsiaficas
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
A child’s first years are ones of exceptionally rapid growth, a period that can lay the foundation for school readiness and healthy socioemotional development. Growing awareness of the importance of investing in infants and toddlers is reflected in the spread of home visiting programs—family-focused social services provided in the home on a regular basis to expectant mothers and new parents alongside their young children. The federal Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program, for example, has seen its funding rise since it was created in 2010, and many states and counties have launched or expanded their own programs. Children with immigrant parents and those exposed to a language other than English in the home (known as Dual Language Learners, or DLLs) are important target populations for such early childhood programs. As of 2013–17, one-fourth of U.S. children ages 5 and under were children of immigrants, and nearly one-third were DLLs. Young children of immigrants are also more likely than their peers to live in low-income households—a priority service population for many home visiting initiatives. Yet studies show that DLLs and children in immigrant families are underserved by home visiting services. This policy brief examines the characteristics that make these children and their families important targets for such programs and barriers that may hinder their participation. It also highlights opportunities to address them, including by making these groups visible in MIECHV needs assessments, improving program data collection, and strengthening partnerships with community-based organizations.
Topic:
Education, Health, Children, Immigrants, Family, and Welfare
Political Geography:
North America and United States of America

4. Family Matters: Claiming Rights across the US-Mexico Migratory System

Author:
Jacqueline Maria Hagan, Ricardo Martinez-Schuldt, Alyssa Peavey, and Deborah Weissman
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Immigration and Nationality Act of 1952 (INA) created an immigration system favoring the immigration of spouses, children, and parents of US citizens, thereby establishing family unity as the cornerstone of US immigration policy. Despite this historical emphasis on family unity, backlogs and limited visas for non-immediate relatives of US citizens and legal permanent residents, the militarization of the US-Mexico border, punitive measures for those who enter without inspection, such as the forced separation of children from their parents at the US border, and an aggressive policy of deportation have made it more difficult for members of Mexican binational families to unify. How do members of Mexican binational families manage the hardships that result from US immigration policies that prolong and force family separation? Immigrants and return migrants alike may not be aware of their rights and the legal remedies that exist to enforce them. Structural barriers such as poverty, legal status, fear of deportation, lack of proficiency in English, and lack of familiarity with government bureaucracies no doubt prevent many migrants in the United States and return migrants in Mexico from coming forward to request legal assistance and relief in the courts. Despite these barriers, when it comes to family matters, members of some Mexican binational families can and do assert their rights. In this article, we analyze an administrative database of the Department of Legal Protection of the Mexican consular network that documents migrant legal claims resulting from family separation, along with findings from 21 interviews with consular staff and community organizations in three consular jurisdictions — El Paso, Raleigh, and San Francisco — to investigate the sociolegal processes of claims. Our investigation centers on the mediating role the Mexican state — via its consular network — has developed to assist binational families as they attempt to assert their rights and resolve child support and child custody problems resulting from prolonged and forced family separation. We find that the resolution of binational family claims in part depends on the institutional infrastructure that has developed at local, state, and federal levels, along with the commitment and capacity of the receiving and sending states and the binational structures they establish. These binational structures transcend the limitations of national legal systems to achieve and implement family rights and obligations across borders.
Topic:
Military Strategy, Immigration, Border Control, and Family
Political Geography:
United States, North America, and Mexico

5. 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

6. 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

7. Partnered But Poor

Author:
Shawn Fremstad
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
People living in single-parent families are much more likely to have low incomes and experience economic hardships than those living in both married and unmarried partnered families with children. At the same time, however, the vast majority of people in low-income families with children are in families headed by married or unmarried partners, as are most people in families with children that receive means-tested benefits. This fact flies in the face of claims that marriage is a panacea for poverty. This issue brief provides basic facts about differences in low-income rates for three family types—married-couple, cohabiting-couple, and single-parent families with children—and looks at, by family type, the share of low-income people in families with children and the share of people in families with children that receive major means-tested benefits. The hope is that facts such as these will generate a more balanced debate, one that acknowledges and addresses differences in economic hardship by family structure without minimizing the extent of married and partnered poverty in the United States.
Topic:
Poverty, Income Inequality, Family, and Socioeconomics
Political Geography:
North America and United States of America