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61. Immigration-Related Policy Changes in the First Two Years of the Trump Administration

Author:
Sarah Pierce
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Since entering office in January 2017, the Trump administration has pressed one of the most assertive agendas on immigration in modern times. And though enforcement actions at the U.S.-Mexico border and in the interior of the country have drawn the most attention, a much more wide-ranging set of immigration-related policy changes has taken place over the past two years. This document chronicles these changes, large and small, broken down by major issue area. Among other things, it includes Justice Department policies that affect how the immigration courts operate, humanitarian programs and statuses, adjustments to how the State Department processes visa applications and admits foreign nationals to the United States, and enforcement changes. These policy changes have been accomplished unilaterally by the executive branch at a time when Congress has largely avoided taking on immigration-related legislation. They have come in the form of hundreds of policy memos, regulatory changes, and more. Some of these changes have been slowed or stopped by the courts, including attempts to prevent foreign nationals who cross the U.S. border illegally from receiving asylum, but most have gone into effect.
Topic:
Immigration, Border Control, Employment, Economy, Public Policy, and Donald Trump
Political Geography:
North America and United States of America

62. From Control to Crisis: Changing Trends and Policies Reshaping U.S.-Mexico Border Enforcement

Author:
Randy Capps, Doris Meissner, Ariel G. Ruiz Soto, Jessica Bolter, and Sarah Pierce
Publication Date:
08-2019
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Apprehensions at the U.S.-Mexico border could approach the 1 million mark for fiscal 2019, a remarkable turnaround for a U.S. border security environment that just two years ago had witnessed the lowest levels of illegal immigration since 1971. How did what was once a major but often unrecognized success story become an out-of-control humanitarian and border security crisis? What are the push factors in Central America and the pull factors in the United States that have led to near-record migration flows in the past few months, when many of these factors have been present for years? This report draws on enforcement and other data from the United States, Mexico, and Central America, as well as analysis of changing migration trends and Trump administration policies to comprehensively tell this story. An enforcement system designed for the main challenge at the border for decades—illegal immigration of Mexican adults—has not been repointed to address the rapidly changing flows of families and unaccompanied children from Central America, many seeking humanitarian protection, others wanting work or to reunite with relatives already in the United States. The change has been dramatic: In 2008, Mexicans comprised more than 90 percent of apprehensions. By fiscal 2019, Guatemalans, Hondurans, and Salvadorans represented nearly three-quarters of apprehensions, with two-thirds composed of families or unaccompanied children. The border enforcement model must be urgently re-envisioned given the changing characteristics of today’s mixed flows, and with migration from Central America and potentially from other parts of the hemisphere and regions of the world, constituting today’s major and longer-term challenge to U.S.-Mexico border security and border management, the authors write. Rather than taking on ever more enforcement-oriented and punitive measures, which paradoxically have made the situation at the border worse, the U.S. government must turn its attention to a range of other elements. These include focusing on improving the asylum system to make processing more timely while remaining fair; reconfiguring border enforcement strategies and operations; increasing the use of supervised release pending asylum decisions; and an increased focus on regional cooperation in migration management and in tackling root causes of migration.
Topic:
Security, Science and Technology, Immigration, Infrastructure, and Border Control
Political Geography:
North America, Mexico, and United States of America

63. Investing in the Neighborhood: Changing Mexico-U.S. Migration Patterns and Opportunities for Sustainable Cooperation

Author:
Andrew Selee, Silvia E. Giorguli-Saucedo, Ariel G. Ruiz Soto, and Claudia Masferrer
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Current tensions between Mexico and the United States over migration—complete with divisive political rhetoric and unilateral U.S. actions affecting border communities—obscure an important reality: the migration challenges these two countries face are increasingly similar. Both are contending with large-scale mixed flows of humanitarian and other migrants from Central America, including many families and children travelling alone, and both have asylum systems struggling to keep up with a surge in requests for protection. They are also home to large numbers of each other’s nationals and grapple with similar policy questions when it comes to integrating these and other immigrants into local communities, schools, and economies. To build understanding of the changing migration landscape and begin to develop a shared vision for future cooperation, the Migration Policy Institute and El Colegio de México convened the Study Group on Mexico-U.S. Migration in late 2018 and early 2019. The group’s members include leading experts from government, academia, civil society, and the private sector. Informed by the study group’s discussions, this report begins with a snapshot of how migration patterns have changed—with the Mexican immigrant population in the United States shrinking since 2014, more Mexicans and their U.S.-born children moving from the United States to Mexico, and increasing numbers of Central Americans travelling to and applying for asylum in both countries. The report then explores policy options that could help Mexican and U.S. policymakers rethink key issues, including strategies for reforming asylum systems to enable timely and fair decision-making; and improving coordinated border management to facilitate the regular flow of goods and people, while preventing migrant smuggling, drug trafficking, and other illicit activities.
Topic:
Security, Science and Technology, Infrastructure, Border Control, Trafficking, Borders, and Smuggling
Political Geography:
North America, Mexico, and United States of America

64. Rethinking U.S. Immigration Policy: New Realities Call for New Answers

Author:
Doris Meissner
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
The U.S. immigration system is in desperate need of an overhaul—and has been for many years. What has been missing is an alternate vision for a path forward that treats immigration as a comparative advantage and strategic resource, while also accounting for heightened security and rule-of-law imperatives, that can together further U.S. interests, values, and democratic principles as a society. This concept note outlines a new MPI initiative, Rethinking U.S. Immigration Policy, that seeks to fill this gap. The multiyear initiative will generate a big-picture, evidence-driven vision of the role immigration can and should play in the future of the United States, acknowledging policymakers are operating against a backdrop of globalization challenges, tech-induced disruptions reshaping the future of work, growing competition for talent, and national polities increasingly skeptical of government’s ability to manage migration. The initiative's starting point is to recognize that there are new realities facing the United States that should drive immigration policymaking in the coming period, not a return to the tired debates of the past 20 years that have foundered again and again amid rising partisanship and polarization. Among these new realities: a rising old-age dependency ratio, changing challenges at the U.S.-Mexico border, need for greater flexibility in the immigration systems as other countries have modernized their immigrant-selection systems, and a shattering of the bipartisan consensus that for decades has seen legal immigration as a positive. Historically, immigration policymaking and legislation have only succeeded through across-the-aisle cooperation and a search for common ground. This initiative is committed to re-energizing such bipartisanship and recapturing a new center in formulating and advancing fresh, feasible solutions.
Topic:
Immigration, Border Control, Employment, and Economy
Political Geography:
North America and United States of America

65. Cross-Border Trade and Corruption along the Haiti-Dominican Republic Border

Author:
Mary Speck
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
Illegal trade across the Haiti/Dominican Republic border has serious financial and security implications. Contraband undermines legitimate business on both sides of the border and deprives the public sector—especially the cash-strapped government of Haiti—of much-needed revenues. It also undermines rule of law and public security by fueling corruption and strengthening criminal organizations. After two research trips to both Haiti and the Dominican Republic, CSIS Americas has produced a summary report of the issue of illicit border trade between Haiti and the Dominican Republic, incorporating several case studies and policy recommendations for preventing further cross-border illicit trade and revenue loss.
Topic:
International Trade and Finance, Regional Cooperation, Border Control, and Illegal Trade
Political Geography:
Caribbean, Haiti, Dominican Republic, and North America

66. EU Pressure on Niger to Stop Migrants is Reshaping Cross-Border Economies: From migrants to drugs, gold, and rare animals

Author:
Hans Lucht and Luca Raineri
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Though the four-by-fours with migrants still leave regularly for Libya, there’s little doubt that EU driven anti-migration efforts in the Agadez region of Niger has been a blow to the local cross-border economy. POLICY RECOMMENDATIONS ■ EU interventions in Niger have had an unintended negative effect on the safety of migrants. It’s therefore important to maintain focus on rescue missions in the desert. ■ Europe must ensure that conflict and context sensitivity remain paramount as well as promoting alternative development opportunities and good governance. ■ National, local and traditional authorities should continue to avoid conflicts linked to natural resources, including gold, uranium, pasturelands and water, by promoting transparency and participatory decision-making.
Topic:
International Relations, Development, Migration, Poverty, Border Control, European Union, Inequality, Fragile States, and Global Political Economy
Political Geography:
Africa, Libya, North Africa, and Niger

67. Is Regular Migration Safer Migration? Insights from Thailand

Author:
Maryann Bylander
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In the context of sharply increasing levels of international migration, development actors across Southeast Asia have begun to focus their attention on programming intended to make migration safer for aspiring and current migrant workers. These projects, however, typically begin with the assumption that more regular, orderly migration is also safer for migrants, an idea built into the language of the Sustainable Development Goals and the Global Compact on Migration. This article questions this assumption. It takes as its starting point the observation that migrant workers who move through legal channels do not systematically experience better outcomes among a range of indicators. Based on data collected from Cambodian, Burmese, Laotian, and Vietnamese labor migrants recently returned from Thailand, this work highlights the limits of regular migration to provide meaningfully “safer” experiences. Although migrants moving through regular channels report better pay and working conditions than those who moved through irregular channels, they also systematically report working conditions that do not meet legal standards, and routinely experience contract substitution. In other areas, regular migrants generally fare similarly to or worse than irregular migrants. They are more likely to experience deception and to have written or verbal agreements broken in migration processes. On arrival in Thailand, they routinely have their documents held, and they are more likely than irregular migrants to experience harassment and abuse both in the migration process and at their worksites. They are also more likely to return involuntarily and to struggle with financial insecurity and indebtedness after returning. These findings challenge mainstream development discourses seeking to promote safer migration experiences through expanding migration infrastructure. At the same time, they highlight the need for policymakers, development actors, and migration practitioners to reconsider the conflation of “safe” with “regular and orderly” migration throughout their programming.
Topic:
Migration, Border Control, and Humanitarian Crisis
Political Geography:
Asia, Vietnam, Burma, Cambodia, Thailand, and Laos

68. US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year

Author:
Robert Warren
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article presents estimates of the US undocumented population for 2017 derived by the Center for Migration Studies of New York (CMS). It focuses on the steep decline in the undocumented population from Mexico since 2010. While the president has focused the nation’s attention on the border wall, half a million[1] US undocumented residents from Mexico left[2] the undocumented population in 2016 alone, more than three times the number that arrived that year, leading to an overall decrease of nearly 400,000 undocumented residents from Mexico from 2016 to 2017. From 2010 to 2017, the undocumented population from Mexico fell by a remarkable 1.3 million. For the past 10 years, the primary mode of entry for the undocumented population has been to overstay temporary visas. This article provides estimates of the number of noncitizens who overstayed temporary visas and those who entered without inspection (EWIs) in 2016 by the top five countries of origin. Summary of Findings The US undocumented population from Mexico fell by almost 400,000 in 2017. In 2017, for the first time, the population from Mexico constituted less than one half of the total undocumented population. Since 2010, the undocumented population from Mexico has declined by 1.3 million. In California, the undocumented population from Mexico has declined by 26 percent since 2010, falling from 2.0 to 1.5 million; it also dropped by 50 percent in Alabama, and by one third in Georgia, New York, and New Mexico. The undocumented population from Venezuela grew rapidly after 2013, increasing from 60,000 to 145,000 in just four years. Visa overstays have significantly exceeded illegal border crossings during each of the last seven years. Mexico was the leading country for overstays in 2017, with about twice as many as India or China. The estimates presented here were derived by CMS based on information collected in the Census Bureau’s annual American Community Survey (ACS). The procedures used to derive detailed estimates of the undocumented population are described in Warren (2014). CMS used its annual estimates of the undocumented population for 2010 to 2017 — by state of residence, country of origin, and year of entry — to compile the information described here. Additional methodological details appear as footnotes or as notes in the tables.
Topic:
Migration, Border Control, and Domestic Policy
Political Geography:
United States, Central America, and North America

69. Bodily Inertia and the Weaponization of the Sonoran Desert in US Boundary Enforcement: A GIS Modeling of Migration Routes through Arizona’s Altar Valley

Author:
Geoffrey Alan Boyce, Samuel Chambers, and Sarah Launius
Publication Date:
03-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Since 2000, 3,199 human remains of unauthorized migrants have been recovered from the Sonoran Desert of southern Arizona (Coalición de Derechos Humanos 2018). These recovered remains provide only one indicator of the scope of death and suffering affecting unauthorized migrants and their loved ones — something that also includes thousands of individuals whose whereabouts or remains are never encountered (and who therefore remain disappeared) (ibid.). Just as significantly, the number of human remains recovered in southern Arizona has remained consistently high despite a significant decline during the past decade in the number of apprehensions (a figure frequently used as a proxy for unauthorized migration) in the Border Patrol’s Tucson Sector. This condition has led scholars and commentators alike to observe an increase in the ratio of deaths to migration, even as unauthorized border crossing fluctuates (Martínez et al. 2014; Reineke and Martínez 2014; International Organization for Migration 2018). In 2012, the southern Arizona humanitarian organization No More Deaths began systematically tracking the use and vandalism of cached drinking water it supplies at 512 sites across an 800-square-mile area of southern Arizona’s Altar Valley, a high-traffic migration corridor bisected by the US–Mexico border (Ferguson, Price, and Parks 2010; Regan 2010; Boyce 2016; Chambers et al. 2019). On an almost daily basis, volunteers with No More Deaths travel this migration corridor to resupply caches of 5–20 gallons of clean drinking water, physically hauling this water by truck and by foot. Each cache site is tracked using a Global Positioning System (GPS) coordinate to make navigation of the remote desert borderlands and the location of dispersed and frequently hidden cache sites easier for new volunteers. In 2015, the authors began working with No More Deaths to digitize and conduct spatial and statistical analysis on the data entered into these desert aid logs, with the express aim of seeing what this archive can reveal about everyday activity related to boundary enforcement and migration, as well as the efficacy of the organization’s activities throughout time. In total, No More Deaths’ desert aid archive contains 4,847 unique entries from March 2012 to December 2015, logging the date when an individual cache site was visited, the number of new water gallons deposited during this visit, the number of water gallons encountered intact and unused from previous resupply visits, the conditions of any empty water bottles left behind (including telltale signs of human vandalism, as well as occasional animal damage), and any subjectively unusual conditions or noteworthy events that were observed at the site or during the visit. Combined, this archive provides remarkable and uncommon insight into subtle changes in migration routes and patterns within the Altar Valley desert corridor, as well as those quotidian forms of harassment and vandalism of water supplies that we believe are intended to amplify and maximize hardship for unauthorized border crossers. Indeed, scholars have long argued that the US Border Patrol’s enforcement strategy of “Prevention Through Deterrence” (PTD), first launched in 1994, is premised on instrumentalizing the difficult climate and terrain of the US–Mexico border by pushing migration routes away from traditional urban crossing areas and into increasingly rugged and remote desert areas (Andreas 2001; Cornelius 2001; Rubio-Goldsmith et al. 2006; Nevins 2008; Martínez et al. 2014; De León 2015; Slack et al. 2016). The Border Patrol’s own policy documents make this case. Observing that migrants “crossing through remote, uninhabited expanses of land and sea along the border can find themselves in mortal danger,” the Immigration and Naturalization Service (INS — at the time, the Border Patrol’s parent agency) argued that by channeling migration routes into “harsh terrain less suitable for crossing and more suitable for enforcement,” the Border Patrol would eventually obtain a “tactical advantage” over would-be border crossers (INS 1994, 7). Then–INS Commissioner Doris Meissner later reflected, “We did believe that geography would be an ally for us. It was our sense that the number of people crossing through the Arizona desert would go down to a trickle once people realized what [it’s] like” (quoted in Cornelius 2005). In this article, we conduct geospatial modeling and statistical analysis of No More Deaths’ desert aid archive. This involves measuring changes in the distribution of water use throughout time across the 62 cache sites consistently visited during all four calendar years included in the dataset, and then reading this measurement against a model of ruggedness that incorporates multiple variables including slope, vegetation, “jaggedness,” and ground temperature while controlling for Euclidian distance. Adjusting for seasonal variation and the overall volume of water use, we find a statistically meaningful increase in the cumulative ruggedness score of migration routes associated with cache sites during the four calendar years included in No More Deaths’ desert aid logs. These findings reveal a steady pressure toward more rugged and difficult crossing routes throughout time, an outcome that provides important context for the vandalism and harassment that target migrants and humanitarian aid workers alike (see No More Deaths and Coalición de Derechos Humanos 2018). In what follows, we first provide greater detail on the context of our study and of the authors’ collaboration with No More Deaths. Next, we discuss our research methodology, including the contours of the geographic information system (GIS) modeling through which we conduct our analysis. We then present our findings, and discuss and contextualize these, before turning to some of the limitations of our study and directions for future research. We conclude by considering some of the policy implications of our findings, as well as their implications for studies of mobility, border policing, and state violence, including in contexts when states are instrumentalizing environmental features and conditions for the purposes of boundary enforcement.
Topic:
Migration, Water, Border Control, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

70. Fixing What’s Most Broken in the US Immigration System: A Profile of the Family Members of US Citizens and Lawful Permanent Residents Mired in Multiyear Backlogs

Author:
Donald Kerwin and Robert Warren
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The US Department of State (DOS) reports that as of November 2018, nearly 3.7 million persons had been found by US Citizenship and Immigration Services (USCIS) to have a close family relationship to a US citizen or lawful permanent resident (LPR) that qualified them for a visa, but were on “the waiting list in the various numerically-limited immigrant categories” (DOS 2018). These backlogs in family-based “preference” (numerically capped) categories represent one of the most egregious examples of the dysfunction of the US immigration system. They consign family members of US citizens and LPRs that potentially qualify for a visa and that avail themselves of US legal procedures to years of insecurity, frustration, and (often) separation from their families. Often criticized in the public sphere for jumping the visa queue, it would be more accurate to say that this population, in large part, comprises the queue. While they wait for their visa priority date to become current, those without immigration status are subject to removal. In addition, most cannot adjust to LPR status in the United States, but must leave the country for consular processing and, when they do, face three- or 10-year bars on readmission, depending on the duration of their unlawful presence in the United States. This population will also be negatively affected by the Department of Homeland Security’s (DHS) proposed rule to expand the public charge ground of inadmissibility (Kerwin, Warren, and Nicholson 2018). In addition, persons languishing in backlogs enjoy few prospects in the short term for executive or legislative relief, given political gridlock over immigration reform and the Trump administration’s support for reduced family-based immigration. In this paper, the Center for Migration Studies (CMS) offers estimates and a profile based on 2017 American Community Survey (ACS) data of a strongly correlated population to the 3.7 million persons in family-based visa backlogs: i.e., the 1.55 million US residents potentially eligible for a visa in a family-based preference category based on a qualifying relationship to a household member. CMS data represents only part of the population in family-based backlogs. In particular, it captures only a small percentage of the 4th preference, brothers and sisters of US citizens.[1] However, everybody in CMS’s data could be petitioned for, if they have not been already. Among this population’s ties and contributions to the United States, the paper finds that: Fifty-nine percent has lived in the United States for 10 years or more, including 23 percent for at least 20 years. Nearly one million US-born children under age 21 live in these households, as well as 111,600 US-born adults (aged 21 and over) who have undocumented parents. 449,500 arrived in the United States at age 15 or younger. 139,100 qualify for the DREAM Act based their age at entry, continuous residence, and graduation from high school or receipt of a GED. Seventy-two percent aged 16 and older are in the labor force, and more than two-thirds (68 percent) are employed; these rates exceed those of the overall US population. Two-thirds of those aged 18 or older have at least a high school diploma or its equivalent, including 25 percent with a bachelor’s degree or higher, and 295,100 aged three and older are enrolled in school. The median income of their households is $63,000, slightly above the US median. More than two-thirds (68 percent) have health insurance, including 51 percent with private health insurance. Nearly one-third (32 percent) live in mortgaged homes, and 12 percent in homes owned free and clear. The paper provides several recommendations to reduce family-based backlogs. In particular, it proposes that Congress pass and the President sign into law legislation to legalize intending family-based immigrants who have been mired in backlogs for two years or more. In addition, this legislation should define the spouses and minor unmarried children of LPRs as immediate relatives (not subject to numerical limits), not count the derivative family members of the principal beneficiary against per country and annual quotas, and raise per country caps. The administration should also re-use the visas of legal immigrants who emigrate each year, particularly those who formally abandon LPR status. This practice would reduce backlogs without increasing visa numbers. Congress should also pass legislation to advance the entry date for eligibility for “registry,” an existing feature of US immigration law designed to legalize long-term residents. In particular, the legislation should move forward the registry cutoff date on an automatic basis to provide a pathway to status for noncitizens who have lived continuously in the United States for at least 15 years, have good moral character, and are not inadmissible on security and other grounds. In fact, Congress advanced the registry date on a regular basis during most of the 20th century, but has not updated this date, which now stands at January 1, 1972, for 33 years.
Topic:
Migration, Immigration, Border Control, and Domestic Politics
Political Geography:
United States, Central America, and North America