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11. Terrorism and Immigration; A Risk Analysis, 1975–2022

Author:
Alex Nowrasteh
Publication Date:
08-2023
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Terrorism is a hazard to human life and material prosperity that should be addressed in a sensible manner whereby the benefits of actions taken to contain it outweigh the costs. A total of 219 foreign-born terrorists were responsible for 3,046 murders on U.S. soil from 1975 through the end of 2022. The chance of a person perishing in a terrorist attack committed by a foreigner on U.S. soil over the 48-year period studied here is 1 in 4.3 million per year. The hazard posed by foreigners who entered on different visa categories varies considerably. For instance, the annual chance of an American being murdered in a terrorist attack by a refugee is about 1 in 3.3 billion, while the annual chance of being murdered in an attack committed by an illegal immigrant is zero. Looking at this spectrum of risk, any government response to terrorism must consider the wide range of hazards posed by foreign-born terrorists who entered under various visa categories. There were 219 foreign-born terrorists who planned, attempted, or carried out attacks on U.S. soil from 1975 through 2022. Of those, 67 percent were Islamists, 16 percent were foreign nationalists, 6 percent were right-wing extremists, 5 percent were non-Islamic religious terrorists, 4 percent were left-wing extremists, and the rest were separatists, adherents of other or unknown ideologies, or targeted worshippers of specific religions.
Topic:
Security, Terrorism, Immigration, and Cost-Benefit Analysis
Political Geography:
North America and United States of America

12. Border Apprehensions and Federal Sentencing of Hispanic Citizens in the United States

Author:
Simone Bertolia, Morgan Laouenan, and Jerome Valette
Publication Date:
01-2023
Content Type:
Working Paper
Institution:
Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
Abstract:
We provide evidence that Hispanic citizens receive significantly longer sentences than non-Hispanic citizens in the Federal Criminal Justice System in the United States when a higher number of illegal aliens are apprehended along the southwest border. Apprehensions can increase the salience of Hispanic ethnic identity, which is associated with persistent negative stereotypes, and can also deteriorate attitudes toward Hispanics. We rule out concerns that apprehensions might convey legally relevant information to judges. Thus, we provide direct evidence for time-varying discrimination toward Hispanic defendants. Our estimated effect is only at play for defendants without a heavy previous criminal record.
Topic:
Immigration, Ethnicity, Discrimination, Identity, Attitudes, and Salience
Political Geography:
North America and United States of America

13. Access to Justice, the Rule of Law, and Due Process in the US Immigration System: A Tribute to Juan Osuna

Author:
Donald Kerwin
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper introduces a special collection of papers on access to justice, the rule of law, and due process in the US immigration system. The collection honors Juan Osuna, a devoted public servant and former director of the Executive Office for Immigration Review (EOIR), which is the agency in the US Department of Justice (DOJ) that administers the Immigration Courts, the Board of Immigration Appeals (BIA), and legal orientation, assistance, and representation programs. The collection consists of five articles published in the Journal on Migration and Human Security and six CMS essays, written by some of Osuna’s close colleagues and friends. Section I provides a brief biography of Juan Osuna’s life, recites his titles and professional accomplishments, and outlines his views on some of the topics covered in the papers. The section draws heavily from two events that book-ended Osuna’s tenure as EOIR Director, which were organized by the Center for Migration Studies of New York (CMS). The first took place on February 16, 20121 and the second on July 18, 2017,2 just before Osuna’s untimely death at the age of 54 on August 15, 2017. This section also includes remembrances and reflections from Osuna’s colleagues at a November 15, 2018 event in Washington, DC, devoted to honoring his legacy.3 Section II summarizes the 11 papers in this collection, which reflect Juan Osuna’s commitment to humanizing the law and its fair application to all. The papers examine and propose ways to strengthen: • The nation’s response to large-scale migration. • The US asylum system. • The removal adjudication system. • Immigration Court backlog reduction efforts. • The treatment of survivors of human trafficking and modern-day slavery. • Due process for immigrants through legal representation. Section III offers a concluding reflection on the rule of law, and Juan Osuna’s legacy in a time of political division and discord.
Topic:
Immigration, Courts, Rule of Law, Asylum, and Due Process
Political Geography:
North America and United States of America

14. The US Immigration Courts, Dumping Ground for the Nation’s Systemic Immigration Failures: The Causes, Composition, and Politically Difficult Solutions to the Court Backlog

Author:
Donald Kerwin and Richard Millet
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The US immigration court system seeks to “fairly, expeditiously, and uniformly administer and interpret US immigration laws” (DOJ 2022a). It represents the first exposure of many immigrants to due process and the rule of law in the United States, and occupies an integral role in the larger US immigration system. Yet it labors under a massive backlog of pending cases that undermines its core goals and objectives. The backlog reached 1.87 million cases in the first quarter of FY 2023 (Straut-Eppsteiner 2023, 6). This paper attributes the backlog to systemic failures in the broader immigration system that negatively affect the immigration courts, such as: • Visa backlogs, United States Citizen and Immigration Services (USCIS) application processing delays, and other bottlenecks in legal immigration processes. • The immense disparity in funding between the court system and the Department of Homeland Security (DHS) agencies that feed cases into the courts. • The failure of Congress to pass broad immigration reform legislation that could ease pressure on the enforcement and court systems. • The lack of standard judicial authorities vested in Immigration Judges (IJs), limiting their ability to close cases; pressure parties to “settle” cases; and manage their dockets. • The absence of a statute of limitations for civil immigration offenses. • Past DHS failures to establish and adhere to enforcement priorities and to exercise prosecutorial discretion (PD) throughout the removal adjudication process, including in initial decisions to prosecute. • The location of the Executive Office for Immigration Review (EOIR), which oversees US immigration courts, within the nation’s preeminent law enforcement agency, the Department of Justice (DOJ). • The misconception of many policymakers that the court system should primarily serve as an adjunct to DHS. • A past record of temporary judge reassignments and government shutdowns. The paper supports a well-resourced and independent immigration court system devoted to producing the right decisions under the law. Following a short introduction, a long section on “Causes and Solutions to the Backlog” examines the multi-faceted causes of the backlog, and offers an integrated, wide-ranging set of recommendations to reverse and ultimately eliminate the backlog. The “Conclusion” summarizes the paper’s topline findings and policy proposals.
Topic:
Immigration, Courts, Asylum, and Visa
Political Geography:
North America and United States of America

15. Restarting the Post-Pandemic Indian Economy

Author:
Aparna Pande, Eric B. Brown, and Thomas J. Duesterberg
Publication Date:
07-2022
Content Type:
Special Report
Institution:
Hudson Institute
Abstract:
This report is a result of a Takshashila-Hudson Roundtable Series that brought together experts, policymakers, and academics from India and the United States in November and December 2021 to discuss opportunities for the two nation-states to collaborate in a fast-changing global order. This section summarizes key recommendations for policymakers based on deliberations at the Takshashila-Hudson roundtable series Restarting the Post-Pandemic Indian Economy. The recommendations are divided into four themes for India-US Collaboration: Trade, Investments, Technology, and Human Capital Movement.
Topic:
Science and Technology, Immigration, Economy, Investment, Human Capital, Trade, and Supply Chains
Political Geography:
South Asia, India, North America, and United States of America

16. Explaining immigration restrictions using a sequential path dependency model

Author:
Emmanuel Comte
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This paper, by Emmanuel Comte, Senior Research Fellow, Ariane Condellis European Programme, analyses immigration restrictions by discussing major recent debates of historical political economy and proposing a new explanatory model. The conclusions in recent research on the subject of immigration restrictions converge in highlighting the natives’ fear of economic costs as a potent factor in immigration restrictions, despite evidence proving that actual costs are small and circumscribed, while the aggregate impact of immigration is generally positive. This paper develops existing scholarship to explain the magnitude of current immigration restrictions in Europe and North America by proposing a sequential path dependency model based on both historical insights and the insights of institutionalist theories of path dependence. In this model, the fears of adverse economic effects held by specific segments of the national workforce interact with a power structure dominated by the state and with the agency of union leaders and policymakers initiating a series of policy cycles that lead to complete restrictions on low-skilled immigration.
Topic:
Political Economy, Immigration, and Border Control
Political Geography:
Europe and North America

17. U.S. Immigration Detention System: “A Living Hell”

Author:
Joseph Nevins
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
A historical and contemporary look at migrant incarceration and the detainees pushing for change inside and beyond the system.
Topic:
Human Rights, Immigration, Border Control, and Detention
Political Geography:
North America and United States of America

18. Toward a Better Immigration System: Fixing Immigration Governance at the U.S. Department of Homeland Security

Author:
Doris Meissner and Ruth Ellen Wasem
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Whether it is record-breaking numbers of unaccompanied child and family migrants crossing the southwest border or unprecedented backlogs in immigration and naturalization petitions, immigration governance is buckling from breakdowns in performance across key Department of Homeland Security (DHS) immigration components and partner agencies. Rethinking immigration governance at DHS and across the executive branch is essential. Although many of the issues plaguing the immigration system are due to Congress’s failure to update immigration laws to reflect national needs, the management of DHS’ immigration components is the responsibility of the executive branch. DHS’ current chain of command and coordination capabilities are not strong enough to counteract the centrifugal forces of better-resourced, singular operations (e.g. border security and immigration detention). The DHS components and the agencies they collaborate with in other federal departments lack the assuredness and agility to effectively recalibrate and adjust to new circumstances. The challenge for the DHS immigration components is to fuse broader immigration policy and performance outcomes with enduring border and national security imperatives. This paper examines questions of structure—as compared with leadership and policy—and proposes changes that would enable more effective and humane implementation of the nation’s immigration laws. It identifies four key organizational areas of concern—mission, institutional structures, funding priorities, and institutional culture—essential to the vitality and governance of the U.S. immigration system. We argue that immigration is a system that spans both intra-DHS and interagency organizational entities and processes, and that it must operate as a system to successfully carry out its duties. Managing immigration as a system calls for coordinated operational capabilities, decision-making structures, and resource allocations. The paper provides recommendations that can be accomplished within the current authority of the secretary of homeland security and the executive branch. In addition, it closes with select proposals for a longer-term change agenda that would require legislation.
Topic:
Immigration, Governance, Homeland Security, and Borders
Political Geography:
North America and United States of America

19. Espionage, Espionage‐​Related Crimes, and Immigration: A Risk Analysis, 1990–2019

Author:
Alex Nowrasteh
Publication Date:
02-2021
Content Type:
Commentary and Analysis
Institution:
The Cato Institute
Abstract:
A cost‐​benefit analysis finds that the hazards posed by foreign‐​born spies are not large enough to warrant broad and costly actions such as a ban on travel and immigration from China, but they do warrant the continued exclusion of potential spies under current laws. Espionage poses a threat to national security and the private property rights of Americans. The government should address the threat of espionage in a manner whereby the benefits of government actions taken to reduce it outweigh the costs of those actions. To aid in that goal, this policy analysis presents the first combined database of all identified spies who targeted both the U.S. government and private organizations on U.S. soil. This analysis identifies 1,485 spies on American soil who, from 1990 through the end of 2019, conducted state or commercial espionage. Of those, 890 were foreign‐​born, 583 were native‐​born Americans, and 12 had unknown origins. The scale and scope of espionage have major implications for immigration policy, as a disproportionate number of the identified spies were foreign‐​born. Native‐​born Americans accounted for 39.3 percent of all spies, foreign‐​born spies accounted for 59.9 percent, and spies of unknown origins accounted for 0.8 percent. Spies who were born in China, Mexico, Iran, Taiwan, and Russia account for 34.7 percent of all spies. The chance that a native‐​born American committed espionage or an espionage‐​related crime and was identified was about 1 in 13.1 million per year from 1990 to 2019. The annual chance that a foreign‐​born person in the United States committed an espionage‐​related crime and was discovered doing so was about 1 in 2.2 million during that time. The government was the victim in 83.3 percent of espionage cases, firms were the victims of commercial espionage in 16.3 percent of the cases, and hospitals and universities were the victims of espionage in 0.1 percent and 0.3 percent of the cases, respectively. The federal government should continue to exclude foreign‐​born individuals from entering the United States if they pose a threat to the national security and private property rights of Americans through espionage. A cost‐​benefit analysis finds that the hazards posed by foreign‐​born spies are not large enough to warrant broad and costly actions such as a ban on travel and immigration from China, but they do warrant the continued exclusion of potential spies under current laws.
Topic:
Crime, Immigration, Risk, and Espionage
Political Geography:
North America and United States of America

20. In 2019, the US Undocumented Population Continued a Decade-Long Decline and the Foreign-Born Population Neared Zero Growth

Author:
Robert Warren
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This report presents new estimates of the undocumented population residing in the United States in July 2019, by country of origin and state of residence. The Center for Migration Studies (CMS) derived the estimates by analyzing data collected in the annual American Community Survey (ACS) conducted by the US Census Bureau (Ruggles et al. 2020). The methodology used to estimate the undocumented population is described in the Appendix. The report highlights an aspect of population change — the number leaving the population — that is often overlooked in discussions of immigration trends. The report shows that the annual numbers leaving the population, especially through return migration to Mexico, have been the primary determinant of population change in the undocumented population in the past decade. Increasing numbers leaving the population have also led to near-zero growth of the total foreign-born population, which grew by just 20,000 from July 2018 to June 2019, the slowest growth in that population in more than a half-century.
Topic:
Migration, Immigration, Borders, and Undocumented Population
Political Geography:
North America and United States of America