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71. DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

Author:
Daniela Alulema
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This article provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. It finds the following: As of September 30, 2019, there were 652,880 active DACA recipients. Sixty-six percent of recipients are between the ages of 21 and 30. The top five countries of birth for DACA recipients are Mexico (80 percent), El Salvador (4 percent), Guatemala (3 percent), Honduras (2 percent), and Peru (1 percent). DACA recipients reside in all 50 states and Washington, DC, and in US territories including Puerto Rico, Guam, and the Virgin Islands. The top five states with the highest number of DACA recipients are California (29 percent), Texas (17 percent), Illinois (5 percent), New York (4 percent), and Florida (4 percent). Eighty-one percent of DACA recipients has lived in the United States for more than 15 years. Six percent is married to US citizens, 4 percent to lawful permanent residents (LPRs), and 13 percent to undocumented immigrants. Among US-born children younger than 18 years, 346,455 have at least one DACA parent. Fifty-five percent of DACA recipients graduated from high school, 36 percent has some college education, and 7 percent a bachelor’s degree or higher. Ninety-five percent is employed. The Trump administration rescinded the DACA program in September 2017, leaving recipients and their families in a legal limbo. Federal litigation led to a nationwide preliminary injunction and DACA’s partial reinstatement for existing recipients. At this writing, the case is before the US Supreme Court, which will determine the program’s fate. Beyond its statistical portrait, the article provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also provides recommendations for Congress, local and state governments, and immigration advocates. In particular, it recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.
Topic:
Immigration, Border Control, and DACA
Political Geography:
United States and North America

72. The Marketization of Citizenship in an Age of Restrictionism

Author:
Ayelet Shachar
Publication Date:
03-2018
Content Type:
Journal Article
Abstract:
Tough action and rhetoric are the stamp of U.S. President Donald Trump’s immigration policy. The decision in September 2017 to revoke the Deferred Action for Childhood Arrivals (DACA)—a program that shields young undocumented immigrants (“Dreamers”) from removal, granting them an opportunity to complete school, enroll in college, volunteer for the armed services, or join the workforce—proved to be the most contentious in a groundswell of executive orders, directives, memos, and wide-ranging enforcement efforts to curtail unauthorized presence.1 Critics describe such sweeping measures as amounting to an anti-immigrant crusade. Supporters, meanwhile, applaud them as taking the handcuffs off immigration enforcement officers and border patrol agents. With the rising tide of restrictionism and the government’s tough-on-immigration approach under the rubric of a “nation of laws,” it is easy to lose sight of the only immigration program that has been renewed and extended under the Trump administration: the EB-5 program, or the “golden visa.”2 The contrast between the DACA “Dreamers” and the EB-5 “Parachuters” reveals the sharp edge, and deep injustices, of current policies. In 2017 the president signed into law and renewed the extension of the EB-5 program, which offers the world’s wealthy a coveted path to securing lawful permanent residence (LPR) status, jumping the queue and gaining an easy pass through the otherwise increasingly bolted gates of admission. The price tag for securing a green card via the EB-5 program ranges from $1 million to a “discounted” rate of $500,000 if funds are for specially designated rural areas or areas of high unemployment.3 The American golden visa, like comparable schemes in other desirable destination countries, caters to the global 1 percent. It treats money transfers—in large quantities—as a currency for acquiring entry visas, residence permits, and, ultimately, citizenship itself. Unlike the Dreamers, who now face the risk of deportation from the only country they have ever known as home, these visa applicants have no prior “bona fide relationship with a person or entity in the United States.”4 Instead, they gain a privileged route to enter the United States and remain lawfully in the country based on their ability to transfer capital across borders. The contrast between the DACA “Dreamers” and the EB-5 “Parachuters” reveals the sharp edge, and deep injustices, of current policies. The former have already become part of the fabric of the United States—including its society and economy—through their ongoing, peaceful, and productive presence, yet the sword of deportation continues to hang over their heads. On the other hand, the latter benefit from expedited and simplified pathways to obtain full-fledged legal membership, even if they fail to establish any tangible connections to their new home country. The intrusion of market logic into the sovereign act of defining “who belongs” raises significant justice and equality concerns that require closer scrutiny. The United States is not alone in testing, blurring, and eroding the state-market boundary regulating access to membership. A growing number of countries are putting their visas and passports up for sale. The proliferation of these programs is one of the most significant developments in citizenship and immigration practice in the past few decades, yet it has received scant attention in the literature. In the following pages, I begin to address this lacuna by identifying the core legal and normative puzzles associated with this new trend, which I will refer to as the marketization of citizenship to highlight a dual transformation: the commodifying of access to membership and the hollowing out of the “status, rights, and identity” components of citizenship.5 Marketization is never merely an economic process; it is also deeply political, as it reshapes and reengineers the boundaries of and interactions between states and markets, voice and power, the inviolable and the mercantile. The intrusion of market logic into the sovereign act of defining “who belongs” raises significant justice and equality concerns that require closer scrutiny, both empirical and normative—the remit of this essay. I treat these new developments as a productive site to explore foundational questions about the character of citizenship and its transformation in today’s world. I begin by tracing the global surge in the marketization of citizenship, providing illustrative examples, before turning to explore the official rationales for the EB-5 and exposing their shortcomings. Moving from the positive to the normative, I develop several lines of critique that seek to show that this new trend is uniquely threatening to notions of citizenship reflecting the horizon of equality and participation, regardless of which theories of state and society—liberal, civic republican, or democratic—inform them.
Topic:
Migration, Immigration, Citizenship, and Borders
Political Geography:
United States and North America

73. Canada’s Refugee Strategy: How It Can Be Improved

Author:
Robert Vineberg
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
When citizens lose faith in their government’s refugee policies, there arises the potential for an anti-immigration backlash, as several European countries have recently discovered. Canada has yet to see that happen, but it has for too long been muddling along with a refugee-processing system that is seriously flawed. Refugees go unprocessed for years, and in the meantime end up living, working and laying down roots. Often that only increases the chances they will end up staying even if they might have otherwise been rejected. It may even lead to increases in questionable refugee claims, as people realize they can work and make money in Canada for years before their case is even heard. The Canadian government has committed to increasing refugee numbers. The United Nations High Commissioner for Refugees has designated Canada as the primary destination for hard-to-settle refugees. The diversity of source countries is increasing, resulting in more refugees who are illiterate in both English and French. More refugees will struggle to adapt to life in Canada. Taken together, it is possible that without fixing the problems in the system, public dissatisfaction could rise as Canadians lose faith that their refugee system is under control, and that could undermine their faith in the entire immigration system. The biggest flaw in the refugee system traces back to the government’s overreaction to the Singh decision. The Supreme Court ordered that all rejected refugees had a right to an in-person appeal, but the federal government went much further and gave every refugee an in-person hearing. That system has left Canada with a backlog, as of last year, of 34,000 cases. In most every other country, initial refugee screenings are conducted by public servants working for the immigration agency, which here would be Immigration, Refugees and Citizenship Canada, as opposed to the staff of the Immigration and Refugee Board. Canada could do a much better job at clearing its backlog and better processing refugee claims, particularly in weeding out the bogus claims, by reassigning responsibility for interviewing refugees to the officials at IRCC. The agency also has the advantage of having offices in almost every major city in Canada, while the IRB only hears cases in Vancouver, Montreal and Toronto, with the 2,500 refugee claimants residing in places outside B.C., Quebec and Ontario having to travel long distances for a hearing or having to settle for an inferior two-way video hearing. Also, this would avoid the conflict of interest at the IRB, which is in charge of reviewing appeals of its own decisions. The IRB is better suited to handle appeals of decisions made by IRCC agents who are at arm’s-length from the IRB. In addition, Canada should also ensure it maintains a balance in accepting not strictly refugees who are most at risk, but also an equal number of refugees who will more easily establish themselves in Canada and adapt within one year of landing in Canada. Having a system that not only ensures more efficient, effective processing of refugees, with proper control over who settles here, will not only help Canadians maintain confidence in their refugee and immigration system. It will also ensure that Canada has a system that can respond, when necessary, to global crises when they erupt, and better help those refugees who need protection.
Topic:
Government, United Nations, Immigration, and Refugees
Political Geography:
Canada and North America

74. The Power of More Foreign-Born Workers: How Raising Immigration Levels Can Boost US Economic Growth

Author:
Research and Policy Committee of the Committee for Economic Development
Publication Date:
01-2018
Content Type:
Policy Brief
Institution:
The Conference Board
Abstract:
The future growth prospects of the US economy are severely constrained by a lack of working-age population growth. Fewer workers means less output without increases in productivity so large as to be highly unlikely. Increased immigration alone directly addresses the problem of fewer workers contributing to the US economy. Sound policy can help boost both the quality and quantity of available workers while ensuring that increased immigration serves to broaden rather than diminish opportunities for native-born workers.
Topic:
Immigration, Economic Growth, Labor Policies, and Economic Development
Political Geography:
North America and United States of America

75. Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Author:
Partisia Macias-Rojas
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 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (García Hernández 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track “criminal aliens” and authorized the former INS to deputize state and local police and sheriff’s departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of “crimmigration” (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law’s deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law’s widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA’s enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA’s criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the “new nativism” that peaked in the early nineties (Perea 1997; Jacobson 2008).Some studies have focused on interest group competition, particularly immigration restrictionists’ prohibitions on welfare benefits, while others have examined constructions of immigrants as a social threat (Chavez 2001; Nevins 2002, 2010; Newton 2008; Tichenor 2009; Bosworth and Kaufman 2011; Zatz and Rodriguez 2015). Surprisingly few studies have stepped outside the immigration policy arena to examine the role of crime politics and the policies of mass incarceration. Of these, scholars suggest that IIRIRA’s most punitive provisions stem from a “new penology” in the criminal justice system, characterized by discourses and practices designed to predict dangerousness and to manage risk (Feeley and Simon 1992; Miller 2003; Stumpf 2006; Welch 2012). Yet historical connections between the punitive turn in the criminal justice and immigration systems have yet to be disentangled and laid bare. Certainly, nativist fears about unauthorized migration, national security, and demographic change were important factors shaping IIRIRA’s criminal provisions, but this article argues that the crime politics advanced by the Republican Party (or the “Grand Old Party,” GOP) and the Democratic Party also played an undeniable and understudied role. The first part of the analysis examines policies of mass incarceration and the crime politics of the GOP under the Reagan administration. The second half focuses on the crime politics of the Democratic Party that recast undocumented migration as a crime and culminated in passage of IIRIRA under the Clinton administration. IIRIRA’s criminal provisions continue to shape debates on the relationship between immigration and crime, the crimes that should provide grounds for expulsion from the United States, and the use of detention in deportation proceedings for those with criminal convictions. This essay considers the ways in which the War on Crime — specifically the failed mass incarceration policies — reshaped the immigration debate. It sheds light on the under-studied role that crime politics of the GOP and the Democratic Party played in shaping IIRIRA — specifically its criminal provisions, which linked unauthorized migration with criminality, and fundamentally restructured immigration enforcement and infused it with the resources necessary to track, detain, and deport broad categories of immigrants, not just those with convictions.
Topic:
Immigration, Border Control, Domestic Politics, and Deportation
Political Geography:
United States, Central America, and North America

76. Predicting Unauthorized Salvadoran Migrants’ First Migration to the United States between 1965 and 2007

Author:
Karen Pren and Nadia Flores-Yeffal
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Although Salvadoran emigration to the United States is one of the most important migratory flows emanating from Latin America, there is insufficient information about the predictors of first unauthorized migration from El Salvador to the United States. In this study, we use data from the Latin American Migration Project–El Salvador (LAMP-ELS4) to perform an event history analysis to discern the factors that influenced the likelihood that a Salvadoran household head would take a first unauthorized trip to the United States between 1965 and 2007. We take into account a series of demographic, social capital, human capital, and physical capital characteristics of the Salvadoran household head; demographic and social context variables in the place of origin; as well as economic and border security factors at the place of destination. Our findings suggest that an increase in the Salvadoran civil violence index and a personal economic crisis increased the likelihood of first-time unauthorized migration. Salvadorans who were less likely to take a first unauthorized trip were business owners, those employed in skilled occupations, and persons with more years of experience in the labor force. Contextual variables in the United States, such as a high unemployment rate and an increase in the Border Patrol budget, deterred the decision to take a first unauthorized trip. Finally, social capital had no effect on the decision to migrate; this means that for unauthorized Salvadoran migrants, having contacts in the United States is not the main driver to start a migration journey to the United States. We suggest as policy recommendations that the United States should award Salvadorans more work-related visas or asylum protection. For those Salvadorans whose Temporary Protected Status (TPS) has ended, the United States should allow them to apply for permanent residency. The decision not to continue to extend TPS to Salvadorans will only increase the number of unauthorized immigrants in the United States. The United States needs to revise its current immigration policies, which make it a very difficult and/or extremely lengthy process for Salvadorans and other immigrants to regularize their current immigration status in the United States. Furthermore, because of our research findings, we recommend that the Salvadoran government — to discourage out-migration — invest in high-skilled job training and also offer training and credit opportunities to its population to encourage business ventures.
Topic:
Migration, Immigration, Violence, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, and El Salvador

77. The Case for a National Legalization Program without Legislation or Executive Action

Author:
Jeanne M. Atkinson and Tom Wong
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article presents the results of a study that finds that as many as two million unauthorized immigrants in the United States could have a path to permanent legal status. However, these immigrants may not know that they are eligible for legal status, much less be able to afford the costs or take the necessary steps to obtain it. The two million figure is drawn from an analysis of screening data from 4,070 unauthorized immigrants from 12 states. The study highlights the profound impact that a national project to screen for legal status would have on the entire US population, including eligible immigrants, their family members, and the country at large. The need for legal screening has become particularly acute in light of the Trump administration’s focus on apprehension and deportation of unauthorized immigrants without regard to their length of residence in the United States, family relationships to US citizens and lawful permanent residents (LPRs), or other positive factors. The proposed termination of benefits for many Temporary Protected Status (TPS) holders and Deferred Action for Childhood Arrivals (DACA)1 recipients would add more than one million individuals — approximately 325,000 (Warren and Kerwin 2017), and 700,000 (Krogstad 2017) people, respectively — to the pool of unauthorized immigrants.
Topic:
Immigration, Border Control, and Citizenship
Political Geography:
United States, Central America, and North America

78. 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

79. The Syrian Diaspora, Old and New

Author:
Bassma Kodmani
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Eight years of a high intensity conflict in Syria resulted in the forcible displacement of over half of the population of the country, some internally, while over six million others fled outside, causing the most severe refugee crisis the world has known since World War II. Little is written however on the estimated 18 million Syrians who have been living abroad for years, often decades. These Syrians emigrated in waves and settled in some 30 different countries worldwide, including in the most remote lands of South America and the Caribbean islands. Together with the refugees who fled as a consequence of the conflict, the number of Syrians outside the country is now three times higher than those living inside. This is not specific to Syrians. The number of Palestinians, Lebanese, Armenians and, of course, Jews scattered across continents is also three to four times higher than those inside Palestinian occupied territories, Lebanon, Armenia or Israel. But the Syrian conflict and its toll on civilians has undoubtedly triggered a new awareness of the existence of a strong Syrian diaspora which had, so far, kept a rather low profile. To the stories of suffering and misery about refugees, diaspora communities oppose inspiring stories of the successful integration of individuals and families in their host societies. The Syrian diaspora is no exception. Its story contrasts with the dire situation of desperate boat people and helpless refugees. In general, the Syrian diaspora is economically self-sufficient and composed of well-integrated communities spreading across the Americas, Europe, the Middle East and Africa. This report is the result of a collective effort to draw the first comprehensive picture of the de-territorialized Syrian people encompassing the old diaspora and the recent refugees. Co-authored by 13 experts, it describes the socio-economic and cultural features of the old diaspora communities (a subject largely under-researched by scholars) and captures the fast moving but very uneven process of transformation of recent refugees into a new component of the Syrian diaspora. Scholarly research and interviews with key members of the diaspora in their different living contexts reveal the considerable effort that the diaspora has mobilized to support Syrians during the conflict and its potential to be a major player in the reconstruction and development of Syria when the conflict ends.
Topic:
Civil War, Diaspora, Immigration, Refugees, and Revolution
Political Geography:
Africa, Europe, Middle East, South America, Syria, and North America

80. Syrians in the USA: Solidarity Despite Political Rifts

Author:
Basma Alloush
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The Syrian American diaspora has been actively engaged in the Syrian uprising through the provision of humanitarian assistance and the entry into political advocacy work. Yet, the Syrian diaspora in the U.S. does not represent a homogenous population group nor a unified political position. On the contrary, assessing the dynamics of the diaspora since 2011 reveals important transformations within diasporic groupings, with the 2011 uprising acting as a catalyst for the emergence of new fractures. Through a mixture of desk research and interviews with key members of the Syrian American diaspora, this paper investigates the evolution of the community and discusses the potential role of the diaspora in a post-conflict Syria. By assessing current and evolving trends within the diaspora from 2011, it is possible to shape future reconstruction plans to effectively include the Syrian American diaspora.
Topic:
Civil War, Diaspora, and Immigration
Political Geography:
United States, Middle East, Syria, North America, and Damascus