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91. US Immigration Policy and the Case for Family Unity

Author:
Zoya Gubernskaya and Joanna Dreby
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
As the Trump administration contemplates immigration reform, it is important to better understand what works and what does not in the current system. This paper reviews and critically evaluates the principle of family unity, a hallmark of US immigration policy over the past 50 years and the most important mechanism for immigration to the United States. Since 1965, the United States has been admitting a relatively high proportion of family-based migrants and allowing for the immigration of a broader range of family members. However, restrictive annual quotas have resulted in a long line of prospective immigrants waiting outside of the United States or within the United States, but without status. Further policy changes have led to an increasing number of undocumented migrants and mixed-status families in the United States. Several policies and practices contribute to prolonged periods of family separation by restricting travel and effectively locking in a large number of people either inside or outside of the United States. On top of that, increasingly aggressive enforcement practices undermine family unity of a large number of undocumented and mixed-status families. Deportations — and even a fear of deportation — cause severe psychological distress and often leave US-born children of undocumented parents without economic and social support. A recent comprehensive report concluded that immigration has overall positive impact on the US economy, suggesting that a predominantly family-based migration system carries net economic benefits. Immigrants rely on family networks for employment, housing, transportation, informal financial services, schooling, childcare, and old age care. In the US context where there is nearly no federal support for immigrants’ integration and limited welfare policies, family unity is critical for promoting immigrant integration, social and economic well-being, and intergenerational mobility. Given the benefits of family unity in the US immigrant context and the significant negative consequences of family separation, the United States would do well to make a number of changes to current policy and practice that reaffirm its commitment to family unity. Reducing wait times for family reunification with spouses and children of lawful permanent residents, allowing prospective family-based migrants to visit their relatives in the United States while their applications are being processed, and providing relief from deportation and a path to legalization to parents and spouses of US citizens should be prioritized. The cost to implement these measures would likely be minor compared to current and projected spending on immigration enforcement and it would be more than offset by the improved health and well-being of American families.
Topic:
Migration, Border Control, Refugees, Family, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

92. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Author:
Daniel Kanstroom
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
Topic:
Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

93. The Mixed Motives of Unaccompanied Child Migrants from Central America’s Northern Triangle

Author:
Matthew Lorenzen
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
A growing body of literature has argued that the distinction between forced and voluntary migration can be, in practice, unclear. This literature points out that each individual migrant may have mixed motives for migrating, including both forced and voluntary reasons. Few studies, however, have actually set out to analyze mixed-motive migration. This paper examines the mixed-motive migration of unaccompanied minors from Central America’s Northern Triangle states (Guatemala, Honduras, and El Salvador), using data from a small 2016 survey carried out in 10 shelters for unaccompanied child migrants run by a Mexican government child welfare agency. Using this survey, the paper identifies the immigrating minor’s motives, which are oftentimes mixed, and details differences by nationality, gender, and age groups. Some of the key findings include: Around one-third of the child migrants surveyed had mixed motives, including both forced and voluntary reasons for migrating. Violence appears most often as a reason for migrating among minors with mixed motives, as opposed to the search for better opportunities, which appears more often as an exclusive motive. Significant differences between the three nationalities are observed. Relatively few Guatemalan minors indicated violence as a motive, and few displayed mixed motives, as opposed to Hondurans, and especially Salvadorans. The minors fleeing violence, searching for better opportunities, and indicating both motives at the same time were largely mature male adolescents. The minors mentioning family reunification as their sole motive were predominantly girls and young children. The results indicate that binary formulations regarding forced and voluntary migration are often inadequate. This has important implications, briefly addressed in the conclusions. These implications include: the need for migration scholars to consider forced reasons for migrating in the context of mixed-motive migration; the fact that mixed motives call into question the established, clear-cut categories that determine whether someone is worthy of humanitarian protection or not; the need to have in-depth, attentive, and individual asylum screening because motives may be interconnected and entangled, and because forced reasons may be hidden behind voluntary motives; and the need for a more flexible policy approach, so that immigration systems may be more inclusive of migrants with mixed motives.
Topic:
Migration, Children, and Humanitarian Crisis
Political Geography:
Central America, Honduras, Guatemala, and El Salvador

94. The plight of Palestinian refugees in Syria in the camps south of Damascus

Author:
Metwaly Abo Naser
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
After they took refuge in Syria after the 1948 war, Palestinians refugees were treated in the same way as other Syrian citizens. Permitted to fully participate in the economic and social life of Syrian society, they had the same civic and economic rights and duties as Syrians, except that they could neither be nominated for political office nor participate in elections. This helped them to feel that they were part of Syrian society, despite their refugee status and active role in the global Palestinian liberation struggle against the Israeli occupation of their homeland. At the start of the anti-government movement in Syria, when the peaceful uprising against the Assad regime turned into an armed conflict, the inhabitants of most Palestinian refugee camps tried to remain neutral. But as the conflict grew more violent and regional alliances changed, the disparities and significant differences between the Palestinian factions, especially between Hamas and Fatah, led to divisions in their positions vis-à-vis the Assad regime. These divisions were enhanced by the reduction of the role of the Palestinian diaspora in the struggle against the Israeli occupation and the new relevance of the geographic location of Palestinian refugee camps in the growing Syrian conflict. This was particularly true for the camps south of Damascus, because they separated the area west of Damascus from East Ghouta, both of which were opposition strongholds. These divisions resulted in the camps becoming targets in the armed conflict, leading to their bombardment and blockade, and the displacement of many of their residents to Lebanon, Turkey, Europe, and other locations both inside and outside Syria.
Topic:
Refugee Issues, Refugees, Refugee Crisis, Displacement, Humanitarian Crisis, and Armed Conflict
Political Geography:
Europe, Turkey, Middle East, Israel, Palestine, Lebanon, and Syria

95. Local-International Relations and the Recalibration of Peacebuilding Interventions Insights from the ‘Laboratory‘ of Bougainville and Beyond

Author:
Volkder Boege, Patricia Rinck, and Tobias Debiel
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The report addresses the micro-level as a key dimension of post-conflict peacebuilding interventions, with a particular focus on the relationships and interactions of international and local actors. What changes do occur with regard to their perceptions, expectations, attitudes and activities in the course of interactions? Can we identify experiences and mechanisms that lead to a re-articulation of relationships and interactions and, consequently, a recalibration of the overall peacebuilding exercise, e.g. with regard to more (or less) cooperation, more (or less) mutual trust, more (or less) animosities and misunderstandings, and more (or less) legitimacy? These questions are addressed through an in-depth case study, at the core of which are narrative, problem-centred interviews with international and local actors who were and/or are engaged in the peacebuilding process on Bougainville. Bougainville is regarded as a kind of ‘laboratory’ in which international/local relations and interactions are rather direct, because national institutions play a relatively small role, and external actors are present upon invitation not only by national, but also local actors. The exploration of the Bougainville case is complemented by a plausibility probe in a case with contrasting conditions, Sierra Leone.
Topic:
Peacekeeping, Conflict, Local, and Humanitarian Crisis
Political Geography:
Africa, West Africa, and Sierra Leone

96. Peacebuilding Engagement Activities by Resettled African Refugees: Policy Options

Author:
Amanda Coffie
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
Resettlement of refugees in third countries of asylum is considered both a protection practice and a durable solution to refugee crises, particularly in protracted refugee situations. Unlike most migrants and particularly irregular migrants, refugees receive protection from their host country, and the road towards citizenship is chartered prior to their arrival. Additionally, policies are in place to facilitate their integration into host societies. For host states located in the global North, resettlement is not just a humanitarian policy, but also includes strategic access to direct and indirect benefits other than those accruing to the resettled refugees. Such benefits may apply to other refugees, the host state, other states, or the international protection regime. Many analysts tend to overlook the strategic use of resettlement as a peacebuilding tool. Recent research findings from Africa and Central America demonstrate refugees’ capacity to contribute to peacebuilding in diverse ways including enhancement of safety and security; participation in political processes; and revitalization of economic, justice, and reconciliation systems.1 The findings also show that the ability of refugees to engage in peacebuilding is often determined by asylum policies of host states and the willingness of peacebuilding actors to engage non-state actors outside of the country where the peace is being built. This policy brief draws attention to some of the peacebuilding engagement activities of African resettled refugees in the global North. It notes that the resettlement of refugees provides host states with the opportunity to fulfill their mandates of the shared responsibility of protection and peacebuilding, without falling into the traps of imposition and interference.
Topic:
Migration, Refugees, Citizenship, and Humanitarian Crisis
Political Geography:
Africa and Global North

97. Revisiting the Dismissal of the UNMISS Force Commander in South Sudan

Author:
Charles Ukeje and Kizito Sabala
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
This policy briefing note examines the implications of the altercation between the United Nations (UN) and Kenya following the dismissal of the Force Commander of the United Nations Mission in South Sudan (UNMISS), Lieutenant General Johnson Ondieki, a Kenyan citizen. An Independent Special Investigation established by the UN blamed poor leadership and judgment for the attacks on Terrain camp—a UN facility in Juba, the capital of South Sudan—in July 2016, which led to several deaths. Although the UN promptly requested that Kenya appoint a replacement, the country considered the dismissal of its citizen unnecessarily punitive and refused.
Topic:
United Nations, Leadership, and Humanitarian Crisis
Political Geography:
Africa, Sudan, and South Sudan

98. Rethinking the Concept of a “Durable Solution”: Sahrawi Refugee Camps Four Decades On

Author:
Carmen Gomez Martin
Publication Date:
03-2017
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The Sahrawi people, who have long lived in the western part of the Sahara, have been housed in refugee camps in Tindouf, Algeria, since 1975—the year that Morocco took de facto control of Western Sahara. Their situation poses many questions, including those regarding the status of their state-in-exile, the role of the Sahrawi Arab Democratic Republic, and the length of their displacement. The conditions in the Tindouf camps present a paradigmatic case study of the liminal space inhabited by long-term refugees. Over the decades, residents have transformed these camps into a state-like structure with their own political and administrative institutions, which has enabled the international community to gain time to search for an acceptable political solution to the long-term conflict between the Polisario Front (the Sahrawi rebel national liberation movement) and the Moroccan government. The existence of a state-like structure, however, should not itself be understood as the ultimate solution for the thousands of people in these camps, who are currently living in extreme poverty, surviving on increasingly meager international aid, and enduring an exceptionally long wait for the favorable conditions whereby they may return to their place of origin. This essay is divided into three sections. First, it addresses the question of the Western Sahara from a historical point of view. The three major phases of the Sahrawi-Moroccan conflict provide the context for the formation and the current situation of the Sahrawi refugee camps. Second, it touches on the implementation of durable solutions for refugees living in camps and the supposedly transitional role of these spaces in such solutions. Finally, the essay applies an analytical framework to the paradigmatic case of the Sahrawi, demonstrating the contradictions between the theoretical model used to understand protracted refugee situations and the permanent problem regarding the rights of refugees.
Topic:
Poverty, Refugees, Displacement, Conflict, and Humanitarian Crisis
Political Geography:
Africa, Algeria, Morocco, and Western Sahara

99. “The War As I See It:” Youth Perceptions and Knowledge of the Lebanese Civil War

Author:
Nour El Bejjani Noureddine
Publication Date:
10-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since the negotiated political settlement that ended the war in 1990, no serious attempt has been made to deal with the war’s legacy. Accountability for human rights violations committed during the conflict has been absent. There has been no effective truth-seeking process, formal acknowledgement of victims’ suffering, or the establishment of an accurate and objective war narrative. This has allowed political and social factions to compete for control of the historical record, with the different sides blaming each other, resulting in multiple politicized and fragmented narratives. Because school curricula do not cover Lebanon’s war or recent history, today most accounts of the conflict are based on personal memories transmitted from generation to generation by family members and neighbors who survived the war. This has left young people without an official source of information about the war to help them to understand it and its legacy, although it often forms part of their personal history and identity. As a result, the post-war generation, and the larger public, does not know what really happened during the conflict. With waves of instability and political violence that risk spiraling out of control, recalling the prewar era for many who lived through the war, young people are left vulnerable to political manipulation.
Topic:
Civil War, Transitional Justice, Youth, and Humanitarian Crisis
Political Geography:
Middle East and Lebanon

100. Forms of Justice: A Guide to Designing Reparations Application Forms and Registration Processes for Victims of Human Rights Violations

Author:
Ruben Carranza, Cristian Correa, and Elena Naughton
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
n a number of countries around the world, governments have created state-administered reparations programs for victims and communities that were most affected by massive human rights violations. The success of these programs, which often involve thousands of individuals, depends in part on the state’s ability to reach victims and record their demands for justice in an effective and meaningful way. Reparations programs may be administered by government agencies pursuant to a law or policy or a court judgment. In all cases, a process of identifying, verifying, and registering those entitled to reparations is necessary. This often begins with a reparations application form.
Topic:
Human Rights, Transitional Justice, Humanitarian Crisis, Reparations, and Victims
Political Geography:
Global Focus