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1. Toward a Better Immigration System: Fixing Immigration Governance at the U.S. Department of Homeland Security

Author:
Doris Meissner and Ruth Ellen Wasem
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Whether it is record-breaking numbers of unaccompanied child and family migrants crossing the southwest border or unprecedented backlogs in immigration and naturalization petitions, immigration governance is buckling from breakdowns in performance across key Department of Homeland Security (DHS) immigration components and partner agencies. Rethinking immigration governance at DHS and across the executive branch is essential. Although many of the issues plaguing the immigration system are due to Congress’s failure to update immigration laws to reflect national needs, the management of DHS’ immigration components is the responsibility of the executive branch. DHS’ current chain of command and coordination capabilities are not strong enough to counteract the centrifugal forces of better-resourced, singular operations (e.g. border security and immigration detention). The DHS components and the agencies they collaborate with in other federal departments lack the assuredness and agility to effectively recalibrate and adjust to new circumstances. The challenge for the DHS immigration components is to fuse broader immigration policy and performance outcomes with enduring border and national security imperatives. This paper examines questions of structure—as compared with leadership and policy—and proposes changes that would enable more effective and humane implementation of the nation’s immigration laws. It identifies four key organizational areas of concern—mission, institutional structures, funding priorities, and institutional culture—essential to the vitality and governance of the U.S. immigration system. We argue that immigration is a system that spans both intra-DHS and interagency organizational entities and processes, and that it must operate as a system to successfully carry out its duties. Managing immigration as a system calls for coordinated operational capabilities, decision-making structures, and resource allocations. The paper provides recommendations that can be accomplished within the current authority of the secretary of homeland security and the executive branch. In addition, it closes with select proposals for a longer-term change agenda that would require legislation.
Topic:
Immigration, Governance, Homeland Security, and Borders
Political Geography:
North America and United States of America

2. Rethinking the U.S.-Mexico Border Immigration Enforcement System: A Policy Road Map

Author:
Doris Meissner
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
The immigration enforcement regime at the U.S.-Mexico border offers a vivid example of how existing policies, laws, and resource investments are markedly out of step with new migration realities and future needs. A border enforcement system designed to address the once-dominant flows of single adults from Mexico seeking to enter the United States illegally for work is ill prepared to deal with more complex mixed flows of families and unaccompanied children from Central America, some seeking humanitarian protection, others opportunity. Consistent with its world view of immigration as threat, the Trump administration has responded by shutting down any meaningful access to humanitarian protection and asylum, by invoking a public health authority to expel more than 205,000 arrivals during the COVID-19 pandemic, and by constructing hundreds of miles of border barriers. Yet these strategies cannot succeed over the long term, nor are they consistent with U.S. law and international agreements and principles on protection. In this road map, MPI Senior Fellow and former U.S. Immigration and Naturalization Service (INS) Commissioner Doris Meissner outlines some of the steps to a more effective approach, one that builds on border management as an enduring function. Rather than a sole focus on thwarting illegal arrivals, successful border management requires cross-agency and cross-governmental collaboration that marries effective border security with fair, humane enforcement. This report is part of MPI’s multiyear Rethinking U.S. Immigration Policy initiative, which is generating a big-picture, evidence-driven vision for the role immigration can and should play in America’s future. To learn more about the initiative and read related research, check out the initiative’s home page.
Topic:
Science and Technology, Immigration, Governance, Border Control, Asylum, and Deportation
Political Geography:
North America, Mexico, and United States of America

3. From Control to Crisis: Changing Trends and Policies Reshaping U.S.-Mexico Border Enforcement

Author:
Randy Capps, Doris Meissner, Ariel G. Ruiz Soto, Jessica Bolter, and Sarah Pierce
Publication Date:
08-2019
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Apprehensions at the U.S.-Mexico border could approach the 1 million mark for fiscal 2019, a remarkable turnaround for a U.S. border security environment that just two years ago had witnessed the lowest levels of illegal immigration since 1971. How did what was once a major but often unrecognized success story become an out-of-control humanitarian and border security crisis? What are the push factors in Central America and the pull factors in the United States that have led to near-record migration flows in the past few months, when many of these factors have been present for years? This report draws on enforcement and other data from the United States, Mexico, and Central America, as well as analysis of changing migration trends and Trump administration policies to comprehensively tell this story. An enforcement system designed for the main challenge at the border for decades—illegal immigration of Mexican adults—has not been repointed to address the rapidly changing flows of families and unaccompanied children from Central America, many seeking humanitarian protection, others wanting work or to reunite with relatives already in the United States. The change has been dramatic: In 2008, Mexicans comprised more than 90 percent of apprehensions. By fiscal 2019, Guatemalans, Hondurans, and Salvadorans represented nearly three-quarters of apprehensions, with two-thirds composed of families or unaccompanied children. The border enforcement model must be urgently re-envisioned given the changing characteristics of today’s mixed flows, and with migration from Central America and potentially from other parts of the hemisphere and regions of the world, constituting today’s major and longer-term challenge to U.S.-Mexico border security and border management, the authors write. Rather than taking on ever more enforcement-oriented and punitive measures, which paradoxically have made the situation at the border worse, the U.S. government must turn its attention to a range of other elements. These include focusing on improving the asylum system to make processing more timely while remaining fair; reconfiguring border enforcement strategies and operations; increasing the use of supervised release pending asylum decisions; and an increased focus on regional cooperation in migration management and in tackling root causes of migration.
Topic:
Security, Science and Technology, Immigration, Infrastructure, and Border Control
Political Geography:
North America, Mexico, and United States of America

4. Rethinking U.S. Immigration Policy: New Realities Call for New Answers

Author:
Doris Meissner
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
The U.S. immigration system is in desperate need of an overhaul—and has been for many years. What has been missing is an alternate vision for a path forward that treats immigration as a comparative advantage and strategic resource, while also accounting for heightened security and rule-of-law imperatives, that can together further U.S. interests, values, and democratic principles as a society. This concept note outlines a new MPI initiative, Rethinking U.S. Immigration Policy, that seeks to fill this gap. The multiyear initiative will generate a big-picture, evidence-driven vision of the role immigration can and should play in the future of the United States, acknowledging policymakers are operating against a backdrop of globalization challenges, tech-induced disruptions reshaping the future of work, growing competition for talent, and national polities increasingly skeptical of government’s ability to manage migration. The initiative's starting point is to recognize that there are new realities facing the United States that should drive immigration policymaking in the coming period, not a return to the tired debates of the past 20 years that have foundered again and again amid rising partisanship and polarization. Among these new realities: a rising old-age dependency ratio, changing challenges at the U.S.-Mexico border, need for greater flexibility in the immigration systems as other countries have modernized their immigrant-selection systems, and a shattering of the bipartisan consensus that for decades has seen legal immigration as a positive. Historically, immigration policymaking and legislation have only succeeded through across-the-aisle cooperation and a search for common ground. This initiative is committed to re-energizing such bipartisanship and recapturing a new center in formulating and advancing fresh, feasible solutions.
Topic:
Immigration, Border Control, Employment, and Economy
Political Geography:
North America and United States of America