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12. Potential Beneficiaries of the Obama Administration’s Executive Action Programs Deeply Embedded in US Society
- Author:
- Donald Kerwin and Robert Warren
- Publication Date:
- 03-2016
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- The Obama administration has developed two broad programs to defer immigration enforcement actions against undocumented persons living in the United States: (1) Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA); and (2) Deferred Action for Childhood Arrivals (DACA). The DACA program, which began in August 2012, was expanded on November 20, 2014. DAPA and the DACA expansion (hereinafter referred to as “DACA-plus”) are currently under review by the US Supreme Court and subject to an active injunction. This paper offers a statistical portrait of the intended direct beneficiaries of DAPA, DACA, and DACA-plus. It finds that potential DAPA, DACA, and DACA-plus recipients are deeply embedded in US society, with high employment rates, extensive US family ties, long tenure, and substantial rates of English-language proficiency. The paper also notes various groups that would benefit indirectly from the full implementation of DAPA and DACA or, conversely, would suffer from the removal of potential beneficiaries of these programs. For example, all those who would rely on the retirement programs of the US government will benefit from the high employment rates and relative youth of the DACA population, while many US citizens who rely on the income of a DAPA-eligible parent would fall into poverty or extreme poverty should that parent be removed from the United States.
- Topic:
- Human Welfare, Poverty, Labor Issues, and Governance
- Political Geography:
- United States of America
13. The US Eligible-to-Naturalize Population: Detailed Social and Economic Characteristics
- Author:
- Robert Warren and Donald Kerwin
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Naturalization has long been recognized as a crucial step in the full integration of immigrants into US society. Yet until now, sufficient information on the naturalization-eligible has not been available that would allow the federal government, states, localities, and non-governmental service providers to develop targeted strategies on a local level to assist this population to naturalize and to overcome barriers to eligibility. This paper remedies that deficiency by providing detailed estimates on the naturalization-eligible from data collected in the US Census Bureau’s American Community Survey (ACS).
- Topic:
- Government, Immigration, Reform, Naturalization, and Census
- Political Geography:
- United States of America
14. Piecing Together the US Immigrant Detention Puzzle One Night at a Time: An Analysis of All Persons in DHS-ICE Custody on September 22, 2012
- Author:
- Donald Kerwin, Daniela Alulema, and Siqi Tu
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- This paper analyzes a dataset of every person in the custody of the US Department of Homeland Security Immigration and Customs Enforcement (DHS-ICE or ICE) on September 22, 2012, and compares this data with an earlier analysis of a similar dataset on detainees in DHS-ICE custody on January 25, 2009. DHS-ICE provided the 2012 and 2009 datasets in response to Freedom of Information Act (FOIA) requests from the Boston Globe and Associated Press. The paper sets forth findings related to: (1) the removal adjudication processes to which the detainees were subject; (2) the facilities in which they were held; (3) their length of detention; and (4) their criminal histories, if any.
- Topic:
- History, Immigration, Prisons/Penal Systems, Reform, and Homeland Security
- Political Geography:
- Global Focus and United States of America
15. The US Refugee Protection System on the 35th Anniversary of the Refugee Act of 1980
- Author:
- Donald Kerwin
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- In 2013, the Center for Migration Studies of New York (CMS) initiated a project to bring concentrated academic and policy attention to the US refugee protection system, broadly understood to encompass refugees, asylum seekers and refugeelike populations in need of protection. The initiative gave rise to a series of papers published in 2014 and 2015, which CMS is releasing as a special collection in its Journal on Migration and Human Security on the 35th anniversary of the Refugee Act of 1980. This introductory essay situates the papers in the collection within a broader discussion of state compliance with international law, impediments to protection, US protection programs, vulnerable populations, and due process concerns. The essay sets forth extensive policy recommendations to strengthen the system drawn from the papers, legislative proposals, and other sources.
- Topic:
- International Law, Refugee Issues, and Refugee Crisis
- Political Geography:
- Global Focus
16. Immigration Reform and Administrative Relief for 2014 and Beyond: A Report on Behalf of the Committee for Immigration Reform Implementation (CIRI), Human Resources Working Group
- Author:
- Charles Kamasaki, Susan Timmons, Courtney Tudi, Amelia Collins, Jack Holmgren, Donald Kerwin, and Kerry O'Brien
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Successful implementation of any broad-scale immigrant legalization program requires an adequately funded infrastructure of immigrant serving organizations. In 2014, President Obama announced an expanded Deferred Action for Childhood Arrivals (DACA) program, as well as the Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) program, which would make it possible for approximately five million people to attain lawful, albeit temporary, status and employment authorization. As the initial DACA program instituted in 2012 has already stretched the capacity of immigrant-serving organizations to their limits or even beyond them, the possibility of full implementation of DAPA and the expanded DACA programs presents a formidable challenge for these organizations.
- Topic:
- Human Welfare, Humanitarian Aid, Immigration, Sociology, and Reform
- Political Geography:
- Global Focus
17. Beyond DAPA and DACA: Revisiting Legislative Reform in Light of Long-Term Trends in Unauthorized Immigration to the United States
- Author:
- Donald Kerwin and Robert Warren
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- In December 2014, the Center for Migration Studies of New York (CMS) released a paper that provides new estimates of the US unauthorized resident population (Warren 2014). The paper describes the development of a new dataset which has detailed information about unauthorized residents, derived from data collected in the US Census Bureau's American Community Survey (ACS). The dataset will be useful to scholars, researchers, service-providers, and government officials in crafting, implementing, and evaluating programs that serve noncitizens, including the unauthorized. In addition, the new estimates provide an opportunity to examine the dramatic changes in unauthorized immigration in the past two decades and the assumptions that have shaped US policies and public opinion. The new dataset, recent estimates of the unauthorized (Warren and Warren 2013) and statistics on the noncitizen population from IPUMS-USA (Ruggles et al. 2010) highlight several trends related to the decline in the unauthorized population, particularly from Mexico, and the increasing salience of visa overstays in constituting this population. Some trends defy conventional wisdom and all of them have public policy consequences. In particular, we find that: The unauthorized resident population was about a million lower in 2013 than in 2007. The “Great Recession” was not the principal cause of population decline. Annual arrivals into the unauthorized population increased to more than one million in 2000, then began to drop steadily, and have now reached their lowest levels since the early 1980s From 2000 to 2012, arrivals from Mexico fell by about 80 percent. Between 2010 and 2013, the total unauthorized population from Mexico declined by eight percent. In 2006, the number of arrivals from Mexico fell below the total number of arrivals from all other countries (combined) for the first time. The number who stayed beyond the period authorized by their temporary visas (overstays) exceeded the number who entered across the southern land border without inspection (EWIs) in each year from 2008 to 2012. While the CMS estimates are based on sample data and assumptions that are subject to error, these trends are consistent with the best empirical information available. In November 2014 the Obama Administration announced an unprecedented set of executive action initiatives. At this writing, the Deferred Action for Parental Accountability (DAPA) program and the expanded Deferred Action for Childhood Arrivals (DACA) program, which would provide work authorization and temporary reprieve from removal to eligible persons, have been preliminarily enjoined. The temporary injunction, which the US Department of Justice plans to appeal to the Fifth Circuit Court of Appeals, comes in response to a legal challenge to the two programs by 26 states under Article II, section 3 of the US Constitution which requires the President to “take Care that the Laws be faithfully executed,” and under the Administrative Procedure Act (APA). In addition, the Republican majorities of the 114th Congress have vowed to prevent the implementation of these programs. However, the administration has expressed confidence that it will ultimately prevail in court and in its battle with Congress over these programs. Meanwhile, nongovernmental organizations (NGOs), community-based organizations (CBOs), and others continue to plan intensively for the DAPA and DACA programs, as well as for other executive action initiatives. This paper provides estimates of those who are potentially eligible for DAPA and DACA. However, it also looks beyond DAPA and DACA to make the case for broad legislative reform in light of long-term trends in unauthorized migration to the United States and the unauthorized resident population. In particular, it argues that substantial declines in the unauthorized population—a goal shared by partisans on both sides of the immigration debate—will require reform of the legal immigration system, legalization of a substantial percentage of the unauthorized, and a more effective response to nonimmigrant visa overstays.
- Topic:
- Immigration
- Political Geography:
- United States
18. Paths to Lawful Immigration Status: Results and Implications from the PERSON Survey
- Author:
- Donald Kerwin, Tom K. Wong, Jeanne M. Atkinson, and Mary Meg McCarthy
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Anecdotal evidence suggests that a significant percentage of unauthorized immigrants are potentially eligible for some sort of immigration relief, but they either do not know it or are not able to pursue lawful immigration status for other reasons. However, no published study that we are aware of has systematically analyzed this question. The purpose of this study is thus to evaluate and quantify the number of unauthorized immigrants who, during the course of seeking out legal services, have been determined to be potentially eligible for some sort of immigration benefit or relief that provides lawful immigration status. Using the recent implementation of the Deferred Action for Childhood Arrivals (DACA) program as a laboratory for this work, this study attempts to answer the question of the number of unauthorized immigrants who, without knowing it, may already be potentially eligible for lawful immigration status. In surveying 67 immigrant-serving organizations that provide legal services, we find that 14.3 percent of those found to be eligible for DACA were also found to be eligible for some other form of immigration relief—put otherwise, 14.3 percent of individuals that were found to be eligible for DACA, which provides temporary relief from deportation, may now be on a path towards lawful permanent residency. We find that the most common legal remedies available to these individuals are family-based petitions (25.5 percent), U-Visas (23.9 percent), and Special Immigrant Juvenile Status (12.6 percent). These findings make clear that—with comprehensive immigration reform legislation or eligibility for administrative relief — legal screening can have significant and long-lasting implications on the lives of unauthorized immigrants and their families.
- Topic:
- Immigration
19. Creating a More Responsive and Seamless Refugee Protection System: The Scope, Promise and Limitations of US Temporary Protection Programs
- Author:
- Donald Kerwin
- Publication Date:
- 01-2014
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Temporary protection programs can provide haven to endangered persons while states and non-governmental organizations (NGOs) work to create durable solutions in sending, host and third countries. They have the potential to further the interests of forced migrants in protection, states in effective and coordinated migration management, and the international community in solidarity.
- Topic:
- Immigration
- Political Geography:
- United States
20. The US Labor Standards Enforcement System and Low-Wage Immigrants: Recommendations for Legislative and Administrative Reform
- Author:
- Donald Kerwin
- Publication Date:
- 01-2013
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Low-wage immigrants in the United States, particularly the 8 million unauthorized workers, suffer from widespread labor standards violations. Their protection represents a singular challenge for modestly-resourced federal and state regulators, particularly in an era of record immigration enforcement. Many employers hire the unauthorized, knowingly or unknowingly, because they cannot attract sufficient numbers of authorized workers. An enduring minority, however, prefer to employ unauthorized workers in order to suppress wages and working conditions and to gain an advantage over their competitors. Their business model depends on the exploitation of workers who are less likely to complain, organize or pursue other remedies for mistreatment. Exacerbating matters, the unauthorized work disproportionately in jobs to which certain labor standards do not apply, and they belong to labor unions at lower rates than the US workforce as a whole (Schmitt 2010). Employers, in turn, face intense competition and pressure to cut costs. In addition, intensive immigration enforcement can make employees more vulnerable to retaliation for exercising their rights and less likely to challenge abuses (Cho and Smith 2013).
- Political Geography:
- United States