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401. A Study and Analysis of the Treatment of Mexican Unaccompanied Minors by Customs and Border Protection

Author:
Kiera Coulter, Samantha Sabo, Daniel E. Martinez, Katelyn Chisholm, Kelsey Gonzalez, Edrick Villalobos, Diego Garcia, Taylor Levy, and Jeremy Slack
Publication Date:
04-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.
Topic:
Human Rights, Migration, Border Control, Children, Youth, and Humanitarian Crisis
Political Geography:
North America and United States of America

402. Implementation of the Global Compact on Safe, Orderly, and Regular Migration: A Whole-of-Society Approach

Author:
Kevin Appleby
Publication Date:
04-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Global Compact on Safe, Orderly, and Regular Migration (GCM) provides a blueprint for nations to manage migration flows through multilateral cooperation. Nations are best served by partnering with a wide range of societal actors to implement the objectives of the GCM. Such civil society actors may include non-profit organizations, faith-based groups, the private sector, trade unions, and academia, among other relevant stakeholders. Each of these actors brings unique strengths to the implementation of the GCM, filling gaps in the care and protection of migrants. They perform tasks that governments are unable or unwilling to undertake, especially in the area of irregular migration. A “whole-of-society” approach is the most effective method for managing migration humanely and in concert with the rule of law.
Topic:
Civil Society, Migration, Non State Actors, Humanitarian Crisis, and Non-profits
Political Geography:
Global Focus

403. Statelessness in the United States: A Study to Estimate and Profile the US Stateless Population

Author:
Donald Kerwin, Daniela Alulema, Michael Nicholson, and Robert Warren
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In October 2017, the Center for Migration Studies of New York (CMS) initiated a study to map the stateless population in the United States. This study sought to: Develop a methodology to estimate the US stateless population; Provide provisional estimates and profiles of persons who are potentially stateless or potentially at risk of statelessness in the United States; Create a research methodology that encouraged stateless persons to come forward and join a growing network of persons committed to educating the public on and pursuing solutions to this problem; and Establish an empirical basis for public and private stakeholders to develop services, programs, and policy interventions to prevent and reduce statelessness (UNHCR 2014g, 6), and to safeguard the rights of stateless persons (UNHCR 2014d). This report describes a unique methodology to produce estimates and set forth the characteristics of US residents who are potentially stateless or potentially at risk of statelessness. The methodology relies on American Community Survey (ACS) data from the US Census Bureau, supplemented by very limited administrative data on stateless refugees and asylum seekers. [1] As part of the study, CMS developed extensive, well-documented profiles of non–US citizen residents who are potentially stateless or potentially at risk of statelessness. It then used these profiles to query ACS data to develop provisional estimates and determine the characteristics of these populations. The report finds that the population in the United States that is potentially stateless or potentially at risk of statelessness is larger and more diverse than previously assumed, albeit with the caveat that severe data limitations make it impossible to provide precise estimates of this population. Stateless determinations require individual screening, which the study could not undertake. Individuals deemed potentially stateless or potentially at risk of statelessness in this report may in fact have been able to secure nationality in their home countries or in third countries. They may also be on a path to citizenship in the United States, although nobody in CMS’s estimates had yet to obtain US citizenship. According to CMS’s analysis, roughly 218,000 US residents are potentially stateless or potentially at risk of statelessness. These groups live in all 50 states,[2] with the largest populations in California (20,600), New York (18,500), Texas (15,200), Ohio (13,200), Minnesota (11,200), Illinois (8,600), Pennsylvania (8,200), Wisconsin (7,300), Georgia (6,600), and Virginia (6,500). The report recommends ways to improve data collection and, thus, develop better estimates in the future. It also lifts up the voices and challenges of stateless persons, and outlines steps to reduce statelessness and safeguard the rights of stateless persons in the United States. As it stands, the paucity of reliable federal data on the stateless, the lack of a designated path to legal status for them under US law, and the indifference of government agencies contribute to the vulnerability and isolation of these populations.
Topic:
Migration, Citizenship, Humanitarian Crisis, and Stateless Population
Political Geography:
North America and United States of America

404. More than a Wall: The Rise and Fall of US Asylum and Refugee Policy

Author:
Ruth Ellen Wasem
Publication Date:
08-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them. It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States. The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.
Topic:
Migration, Refugees, Humanitarian Intervention, Asylum, and Migrant Workers
Political Geography:
United States of America and North America

405. Revisiting the Refugee–Host Relationship in Nakivale Refugee Settlement: A Dialogue with the Oxford Refugee Studies Centre

Author:
Ingunn Bjorkhaug
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Uganda has long promoted refugee self-reliance as a sustainable livelihood strategy with progressive land-allocation and free-movement-for-work policies. Framed as a dialogue with Oxford University Refugee Studies Centre (“the Centre”), this article explores sustainable solutions that benefit refugees as well as the host populations that receive them. It explores the self-reliance opportunities that depend on the transnational, national, and local markets in which refugees participate. It acknowledges the Centre’s substantial work and welcomes its focus on economic outcomes. For Nakivale Refugee Settlement in Uganda, however, the discussion of “refugee economies” may not be complete without problematizing the effects on the host populations living alongside the refugees. Based on qualitative data collected at Nakivale in 2013 (concurrent with the Centre’s fieldwork), the article discusses the Centre’s market-based approach to refugee economies by emphasizing four essential considerations
Topic:
Migration, Refugees, Settlements, and Humanitarian Crisis
Political Geography:
Uganda and Africa

406. International Migration amid a World in Crisis

Author:
Joseph Chamie
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article comprehensively examines international migration trends and policies in light of the coronavirus disease 2019 (COVID-19) pandemic. It begins by reviewing migration developments throughout the past 60 years. It then examines pandemic-related migration trends and policies. It concludes with a series of general observations and insights that should guide local, national, regional, and international policymakers, moving forward. In particular, it proposes the following: National measures to combat COVID-19 should include international migrants, irrespective of their legal status, and should complement regional and international responses. Localities, nations, and the international community should prioritize the safe return and reintegration of migrants. States and international agencies should plan for the gradual re-emergence of large-scale migration based on traditional push and pull forces once a COVID-19 vaccine is widely available. States should redouble their efforts to reconcile national border security concerns and the basic human rights of migrants, refugees, and asylum seekers. States and the international community should accelerate their efforts to address climate-related migration. States of origin, transit, and destination should directly address the challenges of international migration and not minimize them.
Topic:
Migration, Governance, Borders, Public Health, Humanitarian Crisis, Pandemic, and COVID-19
Political Geography:
Global Focus

407. Caught in the Crossfire: Challenges to Migrant Protection in the Yemeni and Libyan Conflicts

Author:
Danielle Flanagan
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In spite of the prevailing security dynamics in Yemen and Libya, both states continue to serve as areas of transit along some of the world’s largest mixed migration routes, leaving migrants caught in the crossfire of the two conflicts. This article examines the legal framework governing the protection of migrants in armed conflict under international humanitarian and human rights law. It also identifies two adverse incentives produced by the conflict situations that impede the exercise of these legal protections: (1) profits derived from migrant smuggling and trafficking, and (2) the use of migrants to support armed groups. In the absence of stable conditions in Yemen and Libya, individuals have little reason to respect international legal protections and discontinue migrant abuse connected with the lucrative businesses of smuggling and trafficking. The intractable nature of the two conflicts has also led to the strategic use of migrants as armed support, and more specifically as combatants, weapons transports, and human shields. Given these realities, the article outlines several recommendations to address the issue of migrant abuse in conflict. It recommends that states, particularly those neighboring Yemen and Libya, strengthen regular migration pathways to help reduce the number of migrants transiting through active conflict zones. It further advises that the international community increase the cost of non-compliance to international humanitarian law through the use of accountability mechanisms and through strategic measures, including grants of reciprocal respect to armed groups that observe protections accorded to migrants in conflict situations.
Topic:
Security, Migration, Human Trafficking, and Humanitarian Crisis
Political Geography:
Africa, Libya, and Yemen

408. The Household Financial Losses Triggered by an Immigration Arrest, and How State and Local Government Can Most Effectively Protect Their Constituents

Author:
Geoffrey Alan Boyce and Sarah Lanius
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Through a survey of 125 long-term resident households in Pima County, Arizona, this study finds that an immigration arrest costs each household an average of more than $24,000. These costs accumulate through the value of assets seized and not recovered, out-of-pocket costs for hiring an attorney, immigration bond, and other expenses involved in supporting an immediate family member as they navigate the immigration court system. But they also include lost income due to disruptions to employment resulting from the arrest, and a physical inability to work while in detention, appearing in court, and immediately following deportation. In this article, we discuss how, when measured at the scale of the household, these financial costs fail to discriminate according to immigration or citizenship status, and accumulate to affect issues of poverty, education, housing security, health and development, and generational wealth inequality — all matters of sustained interest to state and local government. In the second half of the article, we draw on our research findings to evaluate various policies that states, counties, and municipalities can implement to mitigate these financial burdens while promoting the overall well-being of their constituents.
Topic:
Migration, Immigration, Governance, Local, and Police
Political Geography:
North America and United States of America

409. Working Together to Address Health Workforce Mobility in Europe

Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The free movement of people is a cornerstone of an open and integrated Europe. Yet the labor migration of Europeans from lower-income countries in southern and eastern Europe to higher-income countries in northern and western Europe has had significant impact on the workforce—including the loss of skilled health professionals in their most productive years. Indeed, since 1989, hundreds of thousands of European health professionals have left their countries of origin for more promising opportunities in the west and north. Denied opportunities for decent work at home, and recruited by countries facing their own labor shortages, their mobility is a byproduct of a failure throughout Europe to develop health workforces in an evidence-based and strategic way. Ultimately, this failure threatens the human right to health. This brief offers policymakers six key insights, drawn from a literature review and interviews with European experts, on the migration and mobility of health professionals. These insights are offered within a framework that prioritizes human rights, gender equality, and worker solidarity.
Topic:
Migration, Labor Issues, Health Care Policy, European Union, Economic Mobility, and Migrant Workers
Political Geography:
Europe

410. German Priorities for Africa during Its Presidency of the EU Council

Author:
Bram Dijkstra and Marta Martinelli
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
2020 is a pivotal year for EU-Africa relations. Germany’s presidency of the EU Council provides an opportunity to address structural challenges—such as health care infrastructure, food provision, and managing the refugee and migration crises—revealed by the current COVID-19 crisis. The policy brief details Germany’s ambitions to foster a new partnership with Africa and offers recommendations in three priority areas: health care policy, economic development, and democratic governance.
Topic:
Agriculture, Diplomacy, Migration, Food, Health Care Policy, Refugees, Refugee Crisis, and Economic Development
Political Geography:
Africa and Germany