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22. 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
23. 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
24. 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
25. Schengen reform and the instrumentalisation of asylum-seekers: New Commission proposals legitimate states’ existing practices
- Author:
- Saila Heinikoski
- Publication Date:
- 02-2022
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs (FIIA)
- Abstract:
- The European Union lacks a consistent asylum and migration policy, which makes it vulnerable to the instrumentalisation of asylum-seekers, most recently visible in the Belarusian actions at its borders with EU countries. In December 2021, the European Commission published proposals on tackling the instrumentalisation of migrants and reforming Schengen rules, but they appear to miss their targets. Instead of addressing the hostile third country, the instrumentalisation proposal weakens the rights of asylum-seekers at the border. Schengen reform proposes the possibility of an indeterminate period of reintroduced internal border controls, legitimating the years-long border controls in six Schengen countries (France, Germany, Denmark, Austria, Sweden and Norway). Asylum and migration policy is also progressing, as the 18-month-old proposal for the New Pact on Migration and Asylum is expected to move forward, contributing to the badly needed harmonisation of policies.
- Topic:
- Migration, Reform, Asylum, and Humanitarian Crisis
- Political Geography:
- Europe
26. Post-Brexit EU–UK cooperation on migration and asylum: How to live apart, together
- Author:
- Alberto-Horst Neidhardt
- Publication Date:
- 06-2022
- Content Type:
- Working Paper
- Institution:
- European Policy Centre (EPC)
- Abstract:
- The UK’s withdrawal from the EU has created a policy, legal and operational vacuum in migration and asylum matters which undermines the interests of both sides. There is no more binding framework which defines responsibility for asylum seekers and facilitates transfers between the EU and the UK. Brexit also made it harder to devise and implement effective anti-smuggling strategies with European partners. Despite these gaps, a post-Brexit cooperation agreement is not on the horizon, with structural reforms pursued by each side reflecting conflicting priorities and a growing political disconnect. Following the 2020 proposals of the New Pact on Migration and Asylum, EU member states are still negotiating a mandatory responsibility-sharing mechanism. Meanwhile, in April 2022, the UK overhauled its asylum and immigration law, undercutting safeguards for asylum seekers reaching the country irregularly. The same month, the UK government signed a deal with Rwanda to deport all asylum seekers arriving via the Channel – a move even the European Commission has criticised. Recent post-Brexit tensions over other policy areas, most prominently the Northern Ireland Protocol, have reduced mutual trust to a historic minimum. This makes an ambitious and comprehensive agreement over asylum and migration matters an unlikely prospect for the time being. Yet, as neighbours, the EU and the UK will continue to depend on each other to pursue their respective policy objectives in migration and asylum. So, despite living separately and facing numerous unresolved tensions, the EU and the UK can and should pursue a post-Brexit cooperation framework in these matters. Otherwise, they will both be worse off. As a first step, the two sides should focus on rebuilding trust. This can be achieved by pursuing less contentious goals within immediate reach, such as enhanced anti-smuggling efforts, while also diffusing political tensions across the board. Once an atmosphere of sincere cooperation is restored, as a second step, the EU and the UK should define a broader and more ambitious partnership. Safe and legal channels from the EU to the UK should be re-established. At the same time, equitable solutions for facilitating the return of third-country nationals from the UK to the EU, in full respect of procedural safeguards, should also be found. Although reciprocity would have to be at the heart of this new arrangement, the EU and the UK should go beyond a transactional approach, particularly by strengthening protection pathways and burden-sharing solutions, including with third countries, in line with their international commitments. The European Commission should take the lead in the negotiation of a post-Brexit EU–UK cooperation framework. This would allow the EU to speak with one voice and pursue clear and coherent objectives across the different policy areas concerned. The newly established EU–UK Parliamentary Partnership Assembly should also be involved in the negotiations, helping to democratise the process and achieve a more balanced relationship in the interests of both sides.
- Topic:
- International Cooperation, Migration, European Union, Brexit, and Asylum
- Political Geography:
- United Kingdom and Europe
27. Pathways for Labor Migration from Northern Central America: Five Difficult but Necessary Proposals
- Author:
- Michael A. Clemens
- Publication Date:
- 11-2022
- Content Type:
- Working Paper
- Institution:
- Center for Global Development (CGD)
- Abstract:
- Very few labor-based pathways for regular migration are available for people in Northern Central America, often called the “Northern Triangle” of Guatemala, Honduras, and El Salvador. This paper briefly summarizes the state of labor-based migration channels in the region. It then argues that extending those channels is a necessary complement to asylum reform even for the goal of humanitarian protection. It concludes by arguing that five recommendations for long-term reform, though difficult, are needed to unleash the maximum shared benefit of these pathways.
- Topic:
- Migration, Labor Issues, Asylum, and Immigration Policy
- Political Geography:
- Central America, North America, Honduras, Guatemala, and El Salvador
28. Migration and Decent Work: Challenges for the Global South
- Author:
- Lucía Ramírez Bolívar and Jessica Corredor Villamil
- Publication Date:
- 03-2022
- Content Type:
- Book
- Institution:
- Dejusticia
- Abstract:
- Migration and Decent Work: Challenges for the Global South features nine chapters written by sixteen activists, academics, and members of civil society who have worked on the issue of migration from different angles and who address the challenge of migrants’ labor inclusion from an interdisciplinary and rights-based perspective. Their contributions offer an overview of migrants’ and refugees’ right to work in a range of countries in the global South—from Mexico to India to Argentina to Turkey—based on an analysis of local contexts, public policies, and the everyday realities faced by these workers.
- Topic:
- Migration, Labor Issues, Refugees, Trafficking, Asylum, Inclusion, Domestic Work, and Sex Work
- Political Geography:
- South Asia, Middle East, South America, and Global South
29. 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
30. 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