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181. Universal Representation: Systemic Benefits and the Path Ahead

Author:
Lindsay Nash
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
At a time when politics, financial considerations, and a push for expediency put pressure on the US immigration system, it can be difficult to have faith in the adjudicatory process. Case resolution quotas, directives that constrain courts’ ability to render justice in individual cases, and executive decisions that contract immigration judges’ discretion contribute to an immigration system that looks less and less like judicial adjudication of some of the highest-stakes cases in our legal system and more like a ministerial claims-processing scheme. A ray of hope exists, however, in the proliferation of public defender–style systems that offer universal representation to those facing deportation. This essay describes the genesis and expansion of the universal representation movement — a project based on the idea that indigent individuals should be entitled to counsel regardless of the apparent merits or political palatability of their case. It describes the benefits of such a program to the immigration adjudication system writ large. Beyond the oft-cited increase in success rates for individuals represented and the benefits to the communities in which such programs are located, universal representation promotes the integrity of the court system and strengthens an adjudicatory procedure that, for too long, has functioned primarily to expeditiously churn through cases. Finally, looking forward, it considers some of the challenges this movement faces as it grows and it identifies areas for further expansion.
Topic:
Immigration, Border Control, and Legal Theory
Political Geography:
United States and North America

182. Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship

Author:
Donald Kerwin and Robert Warren
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article examines the ability of immigrants to integrate and to become full Americans. Naturalization has long been recognized as a fundamental step in that process and one that contributes to the nation’s strength, cohesion, and well-being. To illustrate the continued salience of citizenship, the article compares selected characteristics of native-born citizens, naturalized citizens, legal noncitizens (most of them lawful permanent residents [LPRs]), and undocumented residents. It finds that the integration, success, and contributions of immigrants increase as they advance toward naturalization, and that naturalized citizens match or exceed the native-born by metrics such as a college education, self-employment, average personal income, and homeownership. It finds that: Naturalized citizens enjoy the same or higher levels of education, employment, work in skilled occupations, personal income, and percentage above the poverty level compared to the native-born population. At least 5.2 million current US citizens — 4.5 million children and 730,000 adults — who are living with at least one undocumented parent obtained US citizenship by birth; eliminating birthright citizenship would create a permanent underclass of US-born denizens in the future. Requiring medical insurance would negatively affect immigrants seeking admission and undocumented residents who ultimately qualify for a visa. About 51 percent of US undocumented residents older than age 18 lack health insurance. In 2017, about 1.2 million undocumented residents lived with 1.1 million eligible-to-naturalize relatives. If all the members of the latter group naturalized, they could petition for or expedite the adjustment or immigration (as LPRs) of their undocumented family members, including 890,000 “immediate relatives.” Their naturalization could put 11 percent of the US undocumented population on a path to permanent residency. The article also explores a contradiction: that the administration’s “America first” ideology obscures a set of policies that impede the naturalization process, devalue US citizenship, and prioritize denaturalization. The article documents many of the ways that the Trump administration has sought to revoke legal status, block access to permanent residence and naturalization, and deny the rights, entitlements, and benefits of citizenship to certain groups, particularly US citizen children with undocumented parents. It also offers estimates and profiles of the persons affected by these measures, and it rebuts myths that have buttressed the administration’s policies. For example, the Trump administration and restrictionist legislators have criticized the US immigration system’s emphasis on family reunification for its supposed failure to produce skilled workers. Yet the article finds that: The current immigration system, which prioritizes the admission of the nuclear family members of US citizens and LPRs, yields a legal foreign-born population that has occupational skills equal to those of the native-born population. The legal foreign-born population living in 24 US states and Washington, DC, and those from 94 source countries have higher percentages of skilled workers than the overall population of native-born workers.
Topic:
Immigration, Citizenship, and Domestic Policy
Political Geography:
United States and North America

183. DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

Author:
Daniela Alulema
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This article provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. It finds the following: As of September 30, 2019, there were 652,880 active DACA recipients. Sixty-six percent of recipients are between the ages of 21 and 30. The top five countries of birth for DACA recipients are Mexico (80 percent), El Salvador (4 percent), Guatemala (3 percent), Honduras (2 percent), and Peru (1 percent). DACA recipients reside in all 50 states and Washington, DC, and in US territories including Puerto Rico, Guam, and the Virgin Islands. The top five states with the highest number of DACA recipients are California (29 percent), Texas (17 percent), Illinois (5 percent), New York (4 percent), and Florida (4 percent). Eighty-one percent of DACA recipients has lived in the United States for more than 15 years. Six percent is married to US citizens, 4 percent to lawful permanent residents (LPRs), and 13 percent to undocumented immigrants. Among US-born children younger than 18 years, 346,455 have at least one DACA parent. Fifty-five percent of DACA recipients graduated from high school, 36 percent has some college education, and 7 percent a bachelor’s degree or higher. Ninety-five percent is employed. The Trump administration rescinded the DACA program in September 2017, leaving recipients and their families in a legal limbo. Federal litigation led to a nationwide preliminary injunction and DACA’s partial reinstatement for existing recipients. At this writing, the case is before the US Supreme Court, which will determine the program’s fate. Beyond its statistical portrait, the article provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also provides recommendations for Congress, local and state governments, and immigration advocates. In particular, it recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.
Topic:
Immigration, Border Control, and DACA
Political Geography:
United States and North America

184. ‘She told me that life here is so easy’: Urban migration of Acholi youth, Uganda

Author:
Elizabeth Stites, Teddy Atim, and Ayee Flora Tracy
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Feinstein International Center, Tufts University
Abstract:
This working paper presents findings on the migration of youth (aged 15–35) from Acholi, Uganda to the urban areas of Gulu and Pabbo in northern Uganda, and to the Acholi Quarter neighborhood in Kampala. Key findings include: Acholi youth migrate into urban areas for a diverse range of reasons; top among these are the lack of economic opportunities in rural areas, inadequate land access, and family disputes. Female migrants in particular also cited being pushed off land and physical and sexual abuse as reasons for migrating, in addition to economic reasons. Many migrants maintain strong economic, livelihood, social, and emotional ties to their rural places of origin, with split-household models being extremely common. Those who did not maintain such ties—mostly women— were among the most vulnerable. The findings of this report have important implications for national and international programming and interventions, especially given the expanding role urbanization plays in Uganda and across the developing world. The provision of urban services, especially education, must meet the needs of the continuing influx of migrants, many of whom prioritize education. Decision making about migration involves not only concerns for the migrant, but also their family, whether or not family members also move.
Topic:
Gender Issues, Immigration, Children, Youth, and Urban
Political Geography:
Uganda and Africa

185. Brothers or Invaders? How Crises-Driven Migrants Shape Voting Behavior

Author:
Sandra Rozo and Juan Vargas
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Empirical Studies of Conflict Project (ESOC)
Abstract:
Can voter’s negative attitudes toward immigration be explained by self-interest or sociotropic motives? Self-interested voters care about their personal economic circumstances. Sociotropic voters display in-group bias and perceive migrants as threats to their culture. We study the voting effects of forced internal and international migration in Colombia and exploit the disproportionate flows of migrants to municipalities with early settlements of individuals from their origin locations. In line with the sociotropic hypothesis, we find that only international migration inflows increase political participation and shift votes from left- to right-wing ideologies. These results are not accounted for by the observed changes caused by migrants in socioeconomic variables.
Topic:
Migration, Immigration, Ideology, and Voting
Political Geography:
Colombia and Latin America

186. Palestinian Refugees of Syria’s Yarmouk Camp: Challenges and Obstacles to Return

Author:
Roger Asfar
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
On 22 September 2018, a boat carrying 39 refugees sank while sailing illegally from the Lebanese coast towards Cyprus. Five-year old Syrian-Palestinian Khaled Nejme drowned in the incident, drawing attention to the plight of Palestinian refugees from Syria seeking refuge in Lebanon. Once considered lucky compared to Palestinian refugees in neighboring countries, Palestinian refugees from Syria are now experiencing secondary displacement and are among the most vulnerable refugee groups in Lebanon.1 This paper attempts to provide a better understanding of the attitudes toward the return of Palestinian refugees displaced from Syria. More specifically, the paper addresses the challenges faced by Palestinian refugees displaced from Syria’s Yarmouk camp and currently residing in Lebanon. Since the Syrian regime and its allies have retaken control of Yarmouk, and amidst increasing calls from Lebanon for the “voluntary return of refugees”, what are Syrian-Palestinian refugees’ prospects of return? What are some of the major obstacles preventing their return? And what are some of the basic conditions to be met for a truly voluntary return to be encouraged? To answer these questions, the authors conducted a series of interviews in Shatila camp and Ain el-Hilweh between 26 June and 16 September 2018.2 The interviews were constructed in a way that allowed ample space for the representation of different political positions, ideological orientations, social backgrounds, and age groups.
Topic:
United Nations, Diaspora, Immigration, and Refugees
Political Geography:
Middle East, Israel, Palestine, and Syria

187. Transitory Legality: The Health Implication of Ending DACA

Author:
Marie L. Mallet and Lisa Garcia Bedolla
Publication Date:
06-2019
Content Type:
Journal Article
Journal:
California Journal of Politics and Policy
Institution:
Institute of Governmental Studies, UC Berkeley
Abstract:
This paper examines the effects of the rescission announcement of the DACA program on the health outcomes of Latino DACA recipients in California. Research shows that undocumented immigrants face poorer health outcomes than their documented counterparts and U.S. citizens, and that being offered legal status (e.g. DACA) considerably improves their health outcomes. Even though studies have examined the impact of shifting legal status on incorporation, to our knowledge no studies have considered the effects of announcing the rescission of the DACA program on its recipients. However, this is important because it may have implications on their health outcomes. This study addresses this gap by using in-depth interviews with 43 Latino DACA recipients living in the California San Francisco Bay Area in 2017 and 2018. Our findings suggest that rescission announcement of DACA has led to worsening health outcomes for DACA recipients. Specifically, we find that it created what we call a state of transitory legality among the 1.5 generation, which causes DACA recipients to experience health outcomes that are worse than those before DACA. Our results are important in the field of sociology, public policy and heath care because they show the negative effects of reversing inclusionary immigration policies on the health outcomes of undocumented Latino immigrants.
Topic:
Health, Immigration, Citizenship, Immigrants, and Public Health
Political Geography:
United States and California

188. Exploring Undocumented Students' Understandings of the Role of Higher Education during the Trump Era

Author:
Karina Santellano
Publication Date:
06-2019
Content Type:
Journal Article
Journal:
California Journal of Politics and Policy
Institution:
Institute of Governmental Studies, UC Berkeley
Abstract:
Law pertaining to immigrants is conceptualized as legal violence (Menjívar and Abrego 2012). Deferred Action for Childhood Arrivals (DACA) is an executive policy with an uncertain future under the Trump administration. In California, many DACA beneficiaries are students at public colleges and universities. This paper conceptualizes DACA as another form of legal violence and draws from 30 in-depth interviews with undocumented students to explore the ways in which undocumented students believe the role of their college/university is to mitigate the legal violence stemming from the liminality of DACA. Some participants believe their colleges/universities should provide safety, specifically via the designation of sanctuary campus status for its symbolic importance, others believe their colleges have a responsibility beyond intellectualism sharing they should be progressive leaders against xenophobia, while others expressed cynicism, describing institutions of higher education as corporations interested in their brand rather than in being immigrant rights advocates on behalf of their students. This study serves as a way for institutions of higher education to learn how undocumented students perceive their roles and duties. At the end of this paper, the author suggests how colleges and universities can work towards mitigating legal violence in the lives of undocumented students.
Topic:
Human Rights, Immigration, Law, Immigrants, and Higher Education
Political Geography:
United States and California

189. DACA, DAPA, and Discretionary Executive Power: Immigrants Outside the Law

Publication Date:
06-2019
Content Type:
Journal Article
Journal:
California Journal of Politics and Policy
Institution:
Institute of Governmental Studies, UC Berkeley
Abstract:
In June 2012, President Barack Obama announced the creation of DACA, a program which instructed executive branch officials to exercise their administrative discretion to defer the deportation of eligible applicants. Two years later, in November 2014, President Obama announced the DAPA program, which expanded DACA and extended this exercise of discretion to parents of U.S. citizens or permanent residents. Both announcements were met by controversy. Critics charged that, by altering the legal regime from one in which undocumented immigrants were to be deported to one of “executive amnesty,” President Obama exceeded his authority, turning him into an “emperor” or a “king.” The President’s supporters insisted, rather, that President Obama was acting fully within his executive authority. Understanding this debate requires one both to delve into the complicated legal context, and to look beyond legal doctrine. The controversy reflected broader concerns about discretionary executive power and the law, linked to anxiety regarding the sovereign’s head of state as “he who decides on the state of exception.” It also derived from specific concerns about President Obama as the embodiment of the sovereign: his racialized body, depicted as illegitimate and foreign, furthered the perception of his policies as illegal. Lastly, the fact that undocumented immigrants are not perceived as members of the body politic helped to produce this vision of DACA and DAPA as lawless action. In this telling, the sovereign actor, the beneficiaries of his action, and the act itself were all cast as illegitimate through a mutually reinforcing logic; all were exceptions that stood “outside the law.”
Topic:
Race, Immigration, Law, Citizenship, and Immigrants
Political Geography:
United States and California

190. THE EFFECTS OF THE SYRIAN REFUGEE CRISIS ON THE EU THROUGH THE LENS OF SOCIAL CONSTRUCTIVISM: THE CASES OF GERMANY AND HUNGARY

Author:
Derya BÜYÜKTANIR Karacan
Publication Date:
02-2019
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
This paper focuses on the Syrian refugee crisis, which incurred a variety of negative social and economic impacts upon many countries in the Middle East, as well as in Europe. The aim of this study is to analyze the divergent attitudes of Germany and Hungary in the face of Syrian refugee crisis and the diversity of measures that these countries have adopted to tackle the refugee problem. The cases are analyzed through social constructivism, which focuses mainly on how the agents and structures mutually construct each other and on identities, norms, and interests without wandering away completely from the rational standpoint. The main conclusions of this study show that the refugees are perceived differently in Germany and Hungary. Conclusions also demonstrate that the Europeans and the refugees resulted in a new and an unexpected learning experience, and enabled changes for both sides. The findings also reveal that the gap between the attitudes of the leaders of different European countries for the refugees remained significant. The change due to incorporation of the refugees into European societies and the differing attitudes of their leaders affected both domestic and international politics in Europe among countries that accepted different numbers of Syrian refugees.
Topic:
Migration, Immigration, Refugee Crisis, Europe Union, and Political outlook
Political Geography:
Europe, Germany, Hungary, Berlin, Central Europe, and Budapest