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1. Seeking Safer Shells: An Analysis of Interpretations, Justifications, and Rationales Behind Decisions on North Korean Defectors’ Right to Asylum

Author:
Megumi Faith Mallari and Saleh Naas
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Despite their known and indisputable need for protection, North Koreans often have their applications for asylum rejected. This paper outlines the differing interpretations of North Koreans’ right to asylum and investigates the rationales and justifications behind them through the case studies of the United Kingdom, the United States, Germany, France, the Netherlands, and China (PRC). The paper argues that the rationale of the European countries analyzed is based on their generally restrictive view on asylum, independent from their political positioning on the Democratic People's Republic of Korea (DPRK). Contrastingly, the rationales of the United States and the PRC are grounded in interests directly related to the Korean peninsula and Cold War narratives.
Topic:
Geopolitics, Asylum, and Refugee Policy
Political Geography:
China, United Kingdom, Asia, South Korea, North Korea, France, Germany, Netherlands, and United States of America

2. Impeding Access to Asylum: Title 42 “Expulsions” and Migrant Deaths in Southern Arizona

Author:
Center for Migration Studies of New York
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Immigration at the US-México border has drastically changed since the mid-2010s. Instead of adult undocumented Mexican men, generally migrating for economic purposes, there are now large numbers of men, women, unaccompanied minors, and families from diverse countries seeking asylum in the United States, as they are allowed to do under US and international law. In response to these changes, the US federal government leveraged multiple strategies to impede access to the country’s asylum system, including relying on Title 42 “expulsions.” Title 42, a COVID-19-era health measure, prevented migrants from initiating an asylum claim. Instead, asylum-seekers were typically immediately expelled to the closest port of entry in México. The use of public health as a pretext to control the border placed these migrants at risk and led many to attempt repeat border crossings. Given this policy context, we ask: what, if any, is the association between Title 42 expulsions and migrant deaths in southern Arizona? We address this question by drawing on records of recovered undocumented border crosser (UBC) remains investigated by the Pima County Office of the Medical Examiner (PCOME) in Tucson, Arizona. We examined differences in the number and demographic characteristics of UBC remains recovered between what prior studies have characterized as the “Localized Funnel Effect” Era of border enforcement in southern Arizona (i.e., October 1, 2013–March 19, 2020; N = 851), and the “Title 42” Era (i.e., March 20, 2021–September 30, 2023; N = 709). We also assessed how, if at all, the geography of recovered UBC remains shifted between these eras. We found that migrant deaths rose from an annual mean of 133 during the Localized Funnel Effect (LFE) Era to 198 in the Title 42 (T42) Era, representing a 48 percent increase. Compared to the earlier era, remains recovered during the T42 Era clustered closer to the border and near the cities of Nogales and Agua Prieta, Sonora, having shifted from west to east in southern Arizona. Additionally, we found that Title 42 disproportionately affected Mexican and Guatemalan nationals both in terms of expulsions as well as deaths. We propose several policy recommendations based on our study’s findings intended to reduce unnecessary suffering and increase human security: • The US federal government should not impede or limit migrants’ access to the asylum system. Policymakers should instead create clear pathways and procedures that obviate the need for migrants to undertake dangerous journeys and overcome barriers to fair consideration of their claims. • The US government must expand its ability to address these claims, as continued attempts to block asylum seekers will result in additional loss of life and increased violence. It should increase its capacity to screen asylum seekers at the US-México border. We propose an increase in USCIS Asylum Officers to carry out this duty. US Customs and Border Protection agents should not screen asylum seekers, nor should they assume the responsibility of serving as asylum officers, given the agency’s extensively documented record of persistently dehumanizing and mistreating migrants. • The US federal government must take measures to eliminate the backlog of asylum cases in the immigration courts. These measures need to include reforms in the underlying immigration system and in the removal adjudication system, such as greater access to legal counsel and changes to the law that offer legal pathways to imperiled migrants who do not meet the narrow definition of asylum. Absent these reforms, the asylum case backlog will grow, and many asylum seekers with strong claims to remain will be removed after living for years in the United States.
Topic:
Migration, Borders, Asylum, and Irregular Migration
Political Geography:
North America, Arizona, and United States of America

3. What Will It Take to Eliminate the Immigration Court Backlog? Assessing “Judge Team” Hiring Needs Based on Changed Conditions and the Need for Broader Reform

Author:
Donald Kerwin
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.
Topic:
Immigration, Courts, Borders, Asylum, and Department of Homeland Security
Political Geography:
North America and United States of America

4. Refuge: How the State Shapes Human Potential

Author:
Heba Gowayed
Publication Date:
03-2023
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
Drawing on a global and comparative ethnography, this presentation explores how Syrian men and women seeking refuge in a moment of unprecedented global displacement are received by countries of resettlement and asylum—the U.S., Canada, and Germany. It shows that human capital, typically examined as the skills immigrants bring with them that shape their potential, is actually created, transformed, or destroyed by receiving states’ incorporation policies. Since these policies derive from historically informed and unequal approaches to social welfare, refugees’ experiences raise a mirror to how states (re)produce inequality.
Topic:
Refugees, Inequality, Human Capital, Resettlement, and Asylum
Political Geography:
Middle East, Canada, Germany, Syria, and United States of America

5. 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

6. 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

7. Concurrent Displacements: Return, Waiting for Asylum, and Internal Displacement in Northern Mexico

Author:
Isabel Gil-Everaert, Claudia Masferrer, and Guadalupe González Chávez
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper explores the ways in which contemporary mobility dynamics in Mexico have changed over the last decade, leading to protracted displacement. It focuses on three populations: (1) the internally displaced due to violence; (2) Mexican nationals returning from the United States, both voluntarily and due to deportation; and (3) populations seeking asylum in Mexico and the United States. These three populations are not usually analyzed together and do not squarely fall under the traditional legal definitions. The paper outlines ways that situations of protracted displacement and insecurity present challenges in four interconnected arenas of life: housing, legal status, employment, and emotional well-being. For governments and local communities, protracted displacement requires immediate humanitarian responses and the development and implementation of public policies focused on integration. The paper concludes with a set of policy recommendations based on its findings.
Topic:
Migration, Refugees, Asylum, Deportation, and Internal Displacement
Political Geography:
Central America, Mexico, and United States of America

8. Dismantling Migrant Smuggling Networks in the Americas

Author:
Guadalupe Correa-Cabrera
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Migration trends in the Americas recently have undergone a significant transformation. During the past few years, an increasing number of migrants and asylum seekers from different parts of the hemisphere—and other regions of the world, including Eastern Europe, Southeast Asia and the African continent—have been undertaking a very long and arduous journey to the United States. Migrant mobility has been facilitated by sophisticated smuggling networks (that operate often in tandem with other criminal organizations) and corrupt officials. The journey to the United States of economic migrants and asylum seekers from developing countries or countries at war is invariably perilous. At the same time, current migration trends and organized mass irregular migrations pose substantial homeland security risks. This paper proposes the dismantling of migrant smuggling networks through intelligence and targeted actions as important elements both of border security and enforcement and humanitarian migration management. In addition to these policies, the U.S. government should collaborate closely with other governments to cooperatively redesign asylum systems.
Topic:
Borders, Smuggling, Asylum, and Migrants
Political Geography:
United States of America and Americas

9. Humanitarian Pathways for Central Americans: Assessing Opportunities for the Future

Author:
Susan Fratzke and Andrea Tanco
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Since 2015, hundreds of thousands of Central Americans—primarily from El Salvador, Guatemala, and Honduras—have left their home countries due to an intertwined set of factors, including poverty, food insecurity, gang-related violence, and human-rights violations. Many have taken perilous journeys to seek protection in neighboring Mexico and the United States, where the scale and diverse profiles of asylum seekers have challenged the governments’ processing capacity. For most of these Central Americans, traveling by their own means to Mexico or the United States is the only avenue to seek international protection. While refugee resettlement programs allow states to vet and select individuals who have fled their country and are living in another, resettlement has typically been used on a very limited basis in the region. Some policymakers, notably in the United States and Canada, have begun to reconsider the role that resettlement could play in addressing these protection needs. This brief assesses how resettlement and other humanitarian pathways have operated in the region to date, and explores the opportunities and obstacles to scaling up these programs.
Topic:
International Cooperation, International Organization, Migration, Governance, Refugees, Resettlement, and Asylum
Political Geography:
Central America, North America, Mexico, and United States of America

10. Four Years of Profound Change: Immigration Policy during the Trump Presidency

Author:
Jessica Bolter, Emma Israel, and Sarah Pierce
Publication Date:
02-2022
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Over the course of four years, the Trump administration set an unprecedented pace for executive action on immigration, enacting 472 administrative changes that dismantled and reconstructed many elements of the U.S. immigration system. Humanitarian protections were severely diminished. The U.S.-Mexico border became more closed off. Immigration enforcement appeared more random. And legal immigration became out of reach for many. All of this was accomplished nearly exclusively by the executive branch, with sweeping presidential proclamations and executive orders, departmental policy guidance, and hundreds of small, technical adjustments. This report, which concludes a series of MPI reports providing an overview of policies at different points during the Trump administration, chronicles the immigration actions, large and small, that President Donald Trump and his administration took from January 20, 2017, through January 20, 2021. After an overview of the transformation of the U.S. immigration system during this historic period, the report breaks these hundreds of changes down by issue area: the administration’s response to the COVID-19 pandemic; border and interior enforcement; actions involving the Department of Justice and the immigration court system; the admission of refugees, asylum seekers, and other humanitarian migrants; changes to vetting and visa processes, which involve the State Department, U.S. Citizenship and Immigration Services, and the Department of Labor; and actions involving agencies usually less central to immigration policy discussions. As the authors write, “While it may be possible for subsequent administrations to rescind many of these changes, others cannot simply be unwound.” Many are likely to remain on the books for years to come, with a lasting impact on the U.S. immigration system.
Topic:
Law Enforcement, Border Control, Employment, Refugees, Citizenship, Economy, Resettlement, Donald Trump, Asylum, Integration, Deportation, COVID-19, Immigration Policy, Illegal Immigration, and DREAM Act
Political Geography:
United States of America