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21. Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review

Author:
Sarah Pierce
Publication Date:
01-2021
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
Topic:
Immigration, Law, Border Control, and Asylum
Political Geography:
North America and United States of America

22. The Costs of Working with the Americans in Afghanistan: The United States’ Broken Special Immigrant Visa Process

Author:
Noah Coburn
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Watson Institute for International and Public Affairs at Brown University
Abstract:
The United States’ Special Immigrant Visa (SIV) Program was designed to help Afghans and Iraqis who are in danger of being killed as a result of their service to the U.S. government as translators or in other civilian jobs. As of 2020, over 18,000 Afghan applicants have received U.S. visas, along with over 45,000 of their immediate family members, and immigrated to the U.S. The program has been plagued by bureaucratic inefficiencies and significant problems with the application process, resulting in a backlog of an additional 18,800 applications according to a 2019 review of the program. The lives of thousands of these applicants are currently at risk. This report on the Afghan SIV program, based on interviews with over 150 SIV applicants and recipients, as well as a review of other studies of the program, suggests that while the program is well-intentioned and beneficial to certain successful applicants, its current structure puts the lives of applicants at risk and leaves them vulnerable to exploitation before, during and after the process. The lack of a coherent, effective strategy to support these workers, and the failure to implement the program as originally envisioned, leaves applicants stranded in Afghanistan or elsewhere and vulnerable to attacks by the Taliban and criminal groups, as well as other forms of exploitation. This has further undermined the reputation of the United States government in Afghanistan while serving a relatively small percentage of those Afghans who worked closely with the U.S. The program also does little to support those who do receive visas and move to the U.S. They are ultimately disappointed in, and unprepared for, the lack of support they receive upon settling in the United States. The program could do much more to prepare and support these recipients for the challenges they are likely to face during resettlement. The Biden administration’s current review of the SIV program is a good step forward, but unless that review takes a closer look at the true human costs of its flawed processes, it is likely to result in little more than bureaucratic tinkering. The program must be seriously overhauled, based on a reconceptualization of how to best support those who put their lives at risk to assist the United States government. As it is currently structured, the SIV program may in fact be doing more harm than good.
Topic:
Immigration, Military Affairs, Violent Extremism, Counter-terrorism, and War on Terror
Political Geography:
Afghanistan, South Asia, Middle East, North America, and United States of America

23. Mexico: Highest U.S. Priority in the Western Hemisphere

Author:
Earl Anthony Wayne
Publication Date:
11-2021
Content Type:
Journal Article
Journal:
The Ambassadors Review
Institution:
Council of American Ambassadors
Abstract:
The most important bilateral relationship in Latin America for the United States is that with Mexico. Mexico is one of America’s top two trade partners and largest export markets. Economic ties support millions of jobs on both sides of the border. Mexico is an indispensable partner in improving management of migration across the southern border. Cooperation with Mexico is essential to getting a better handle on the deadly flows of drugs into the U.S. from Mexico, as well as getting better control over the billions of dollars of drug sale profits and illicit arms headed to criminal groups in Mexico. Mexico-U.S. is the quintessential example of an “inter-mestic” relationship: many of the key issues are simultaneously international and domestic for both countries. The historic, family and cultural links between these two neighbors add to the complexity and politically sensitive challenges for both governments in their efforts to guide the relationship well. For Mexico and the United States, no other international relationship has more day-to-day impact on the daily lives of their citizens. Both U.S. President Joseph Biden and Mexico’s President Andres Manuel Lopez Obrador (AMLO) have much to lose if the bilateral relationship goes off the rails. Yet they have some significant differences in policy priorities and in their capacities to deliver effective cooperation. Biden came to office with a deep understanding of Mexico and the region, having worked on these issues as Vice President in the Barack Obama Administration. Lopez Obrador realizes the importance of economic ties with the U.S. for his country’s well-being but has long been hesitant to be too close to Mexico’s big northern neighbor on other issues, such as public security and ownership of energy resources and networks. The Biden Administration is trying to build trust for broader cooperation through high-level visits to forge new cooperation mechanisms, generous vaccine donations, and with patience where priorities differ. The two governments are working toward a presidential meeting, building cooperation and establishing working dialogues on migration, commerce, security, pandemic recovery and the environment.
Topic:
Security, Economics, Regional Cooperation, Bilateral Relations, and Immigration
Political Geography:
North America, Mexico, and United States of America

24. Solidarity in Isolation? Social Cohesion at a Time of Physical Distance

Author:
Natalia Banulescu-Bogdan and Aliyyah Ahad
Publication Date:
07-2021
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
In addition to its widespread public-health and economic impacts, the COVID-19 pandemic has challenged social cohesion in many countries by forcing changes in how people interact. Physical connection, the most human response to collective adversity, has been largely out of reach during long periods of lockdown, social distancing, and remote work and learning. The temporary closure of public spaces such as libraries and schools has also limited the spontaneous, casual encounters that can build bridges between disparate groups. This MPI Europe report explores ways to assess the pandemic’s effects on social capital and social infrastructure in Europe and North America. It also presents an initial analysis of how and where social cohesion is in peril and where it may actually be gaining strength, and highlights the importance of governments taking an inclusive approach and prioritizing social cohesion as societies move toward recovery. The authors identify three trends: Bridges between groups are weakening, even as new forms of connection may be strengthening bonds within existing networks. Immigrant integration programs have worked hard to move their offerings online, but digital tools may capture only a fraction of what in-person programming can and they may leave behind some people who most need assistance overcoming integration barriers, such as those with limited access to and familiarity with technology. A wide range of volunteering, mutual aid, and other grassroots forms of solidarity have emerged during the pandemic, but it remains to be seen which can make the switch from emergency response to longer-term engagement.
Topic:
Immigration, Citizenship, Integration, Social Cohesion, Social Capital, COVID-19, and Civic Engagement
Political Geography:
Europe, North America, and Global Focus

25. A Brief History of U.S. Immigration Policy from the Colonial Period to the Present Day

Author:
Andrew M. Baxter and Alex Nowrasteh
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
More than 86 million people have legally immigrated to the United States between 1783 and 2019. The legal regime under which they immigrated has changed radically over that time; the politics surrounding those changes have remained contentious, and past immigration policies inform the current political debate. Conflicting visions and piecemeal legislation have left the United States with an archaic and barely coherent immigration system with outdated policy objectives that is primarily controlled by the executive branch of government. We review the history of U.S. immigration policy, including the legal controversies that empowered Congress with its immigration plenary power and the historical policy decisions that still guide the U.S. immigration system, in order to contextualize the current political debate over immigration at the beginning of the Biden administration.
Topic:
Government, History, Immigration, and Immigration Policy
Political Geography:
North America and United States of America

26. A Virus Without Papers: Understanding COVID-19 and the Impact on Immigrant Communities

Author:
Elizabeth Kiester and Jennifer Vasquez-Merino
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The COVID-19 pandemic has exposed the inequalities facing vulnerable populations: those living in economically precarious situations and lacking adequate health care. In addition, frontline workers deemed essential to meet our basic needs have faced enormous personal risk to keep earning their paychecks and the economy running. Immigrant communities face an intersection of all three vulnerabilities (e.g., economic precarity, health care barriers, essential workforce), making them one of the most vulnerable populations in the United States. We conducted 26 interviews via Zoom with immigrant service providers in Pennsylvania and New York, including lawyers, case workers, religious leaders, advocates, doctors, and educators in order to gain a better understanding of the impact of COVID-19 on immigrant communities. These interviews affirmed that immigrants are concentrated in essential industries, which increases their exposure to the virus. In addition, they lack access to social safety nets when trying to access health care or facing job/income loss. Last, COVID-19 did not adequately slow the detention and deportation machine in the United States, which led to increased transmission of the virus among not only detainees but also others in the detention system, surrounding communities, and the countries to which people were deported, countries that often lacked an adequate infrastructure for dealing with the pandemic. Based on our interviews, we have a series of specific policy recommendations to diminish the vulnerability of immigrants and create social safety nets that will include them and protect them when the market fails to do so. Immigrants of all types have made indispensable contributions to the US economy during the pandemic and before it. First, Congress and states should pass legislation to provide COVID-19 relief payments to all essential workers, regardless of their status, as compensation for putting their lives on the line to keep the economy running. Second, as a public health imperative, federal and state governments should expand coverage of Medicaid and Children’s Health Insurance Programs (CHIP) to include immigrant essential workers and their children, regardless of their status. Third, DHS should not refer essential workers to removal proceedings, and immigration courts should terminate all removal proceedings for essential workers without criminal records. When it comes to issues of health care affordability and access, Congress must continue to revise the Affordable Healthcare Act to expand coverage for those who do not qualify for Medicaid but earn too little to afford insurance on their own. Finally, there must be a review and rigorous enforcement of workplace health and safety standards, particularly when it comes to farming, meatpacking, food production, and food service industries. Our final recommendations are specific to DHS and two of the primary agencies they oversee: Immigration and Customs Enforcement (ICE) and the Border Patrol. First, there needs to be a review of ICE policies and practices, leading to a shift in policy that keeps mixed-status families intact and minor children out of detention centers and that streamlines and expands the asylum process. Second, both Congress and the administration must create additional paths to legal status where none now exist, including for recipients of Deferred Action for Childhood Arrivals (DACA) and for children who have arrived since June 2007.
Topic:
Immigration, Borders, Pandemic, and COVID-19
Political Geography:
North America and United States of America

27. Border Regulation Begins with Stronger Capacity at Official Points of Entry

Author:
Todd Rosenblum
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
After the Trump Administration cutbacks, Congress should invest in the U.S. southern border to benefit trade, stop bad actors, and humanely process people with real asylum claims. Managing vehicular, rail, and people throughput at border crossings is an enormous challenge, but one not being met. U.S. inspectors do not properly screen more than a small percentage of incoming commercial and personal vehicles making this the primary means for narco-trafficking into the United States. Investing more in screening capacity at the official land Points of Entry with Mexico will reduce crime, illegal drug importation, guns going southbound, strengthen regulation and order essential for safe trade and opportunity, and make for a safer environment for those seeking legal entry into the United States. Congress has steadily appropriated new funds for more border screening capacity, but additional investment in screening capacity is still needed to make up for Trump Administration cutbacks. President Biden’s U.S. Citizens Act of 2021 has a range of helpful proposals to make us safer and keep commerce moving. Congress should mandate better measures to evaluate actual screening effectiveness. Congress also should conduct stronger oversight to address shortcomings in the US Department of Homeland Security (DHS) and Customs and Border Protection Agency (CBP) acquisition plans to make sure border inspectors spend the money more effectively and field the right capability in a timely fashion. There is a range of reforms we must make across immigration and border regulation to better serve our nation and those seeking to come here. Immigration and border enforcement have strayed from our values as a country and urgently need reform. Our legal immigration system both in asylum and visa-based needs clear modernization. Millions who have known no home but America deserve citizenship. Enforcement alone also will not solve our problems, but we must improve all aspects of American immigration and our border.
Topic:
Migration, Immigration, Law Enforcement, Borders, Illegal Trade, and Commercialization
Political Geography:
North America and United States of America

28. Immigration After Trump: What Would Immigration Policy That Followed American Public Opinion Look Like?

Author:
PRRI Staff
Publication Date:
01-2021
Content Type:
Special Report
Institution:
PRRI: Public Religion Research Institute
Abstract:
The last four years of U.S. immigration policy have been driven by the Trump administration’s aggressive stance against all types of immigration, legal and illegal.[1] President Joe Biden has promised to reverse many restrictive immigration policies from the Trump era by reforming the asylum system, raising the cap on refugee admissions, revoking the travel ban on immigrants from several Muslim-majority countries, halting the construction of a wall along the U.S. border with Mexico, suspending all deportations for the first 100 days of his presidency, making the DACA program permanent, and sending a comprehensive immigration reform bill to Congress.
Topic:
Immigration, Governance, Public Opinion, Refugees, Leadership, and Borders
Political Geography:
North America and United States of America

29. How Do Indian Americans View India? Results From the 2020 Indian American Attitudes Survey

Author:
Sumitra Badrinathan, Devesh Kapur, and Milan Vaishnav
Publication Date:
02-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Indian Americans are now the second-largest immigrant group in the United States. Their growing political influence and the role the diaspora plays in Indian foreign policy therefore raises important questions—about how Indian Americans view India, the political changes underway there, and the course of U.S.-India relations. Since coming to power in 2014, Indian Prime Minister Narendra Modi has made outreach to the far-flung Indian diaspora a signature element of his government’s foreign policy. Modi’s courtship of the diaspora has been especially notable in the United States, where the Indian American population has swelled to more than 4 million and has become the second-largest immigrant group in the United States.1 In two separate, large rallies on U.S. soil—in 2014 and 2019—Modi sought to highlight the achievements of the diaspora, outlining the many ways in which they can support India’s interests from afar while underscoring their increasingly substantial economic, political, and social influence in the United States. These high-octane gatherings, however, naturally lead to a series of questions: How do Indians in America regard India, and how do they remain connected to developments there? What are their attitudes toward Indian politics and changes underway in their ancestral homeland? And what role, if any, do they envision for the United States in engaging with India?
Topic:
Foreign Policy, Bilateral Relations, Immigration, Public Opinion, and Survey
Political Geography:
South Asia, India, North America, and United States of America

30. Cuban-American Relations Through The Lens of a Cuban American

Author:
Merari Hall Fortun
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Transatlantic Policy Quarterly (TPQ)
Abstract:
Ileft Cuba as a young two-year-old child on 9 April 1968 with my parents, an older brother, and sister. My parents were also expecting another child, my younger brother, who was later born in the United States. My parents’ oldest son was of military age and at university and was not granted the exit visa with the rest of the family. He would eventually join us as an adult, ten years later with his own family. We settled in Union City, New Jersey, after a few months at my father's uncle's home in New York. As I recall, the residents of Union City (or at least in my close community) at the time were mostly Cubans; a good number of Italians; a few Puerto Ricans, Dominicans, Germans; and people who practiced conservative Judaism. In our home we only spoke Spanish, but I remember the feeling of not understanding all of the children when I played outside, as they would speak English, the language I was yet to speak or understand. I was pretty much always surrounded by Cubans, the Cuban culture, and an all-Spanish community. Not a day went by in our home when Cuba was not mentioned. My mother had left all of her six brothers behind, and my father, his only sister. Both had left behind numerous nephews and nieces, friends, neighbors, and a whole life's worth of relationships. The main reason for the daily mention, however, was that their eldest son remained there and this separation was too much to bear and very painful for them. All they wanted was to have the family unit together again.
Topic:
Foreign Policy, Diplomacy, Immigration, Peace, and Regionalism
Political Geography:
Cuba, Caribbean, North America, and United States of America