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1. Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review

Author:
Sarah Pierce
Publication Date:
01-2021
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
Topic:
Immigration, Law, Border Control, and Asylum
Political Geography:
North America and United States of America

2. Dismantling and Reconstructing the U.S. Immigration System: A Catalog of Changes under the Trump Presidency

Author:
Sarah Pierce and Jessica Bolter
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Through bold, sweeping changes as well as less-noted technical adjustments, the Trump administration has dramatically reshaped the U.S. immigration system since entering office in January 2017. Now well into its fourth year, the administration has undertaken more than 400 executive actions on immigration, spanning everything from border and interior enforcement, to refugee resettlement and the asylum system, Deferred Action for Childhood Arrivals (DACA), the immigration courts, and vetting and visa processes. This reports offers a comprehensive catalog, by topic, of those actions, including their dates and the underlying source materials. The arrival of the COVID-19 pandemic in early 2020 gave the administration new openings to push forward many of its remaining immigration policy aims. This period has seen bans on travel and a pause on visa issuance for certain groups of foreign nationals and a further closing off of the U.S.-Mexico border that has effectively ended asylum there. Much of the White House's immigration agenda has been realized in the form of interlocking measures, with regulatory, policy, and programmatic changes driving towards shared policy goals. Though these largely administrative actions could, in theory, be undone by a future administration, this layered approach, coupled with the rapid-fire pace of change, makes it likely that the Trump presidency will have long-lasting effects on the U.S. immigration system.
Topic:
Immigration, Refugees, Citizenship, Borders, Donald Trump, and Asylum
Political Geography:
North America and United States of America

3. Immigration-Related Policy Changes in the First Two Years of the Trump Administration

Author:
Sarah Pierce
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Since entering office in January 2017, the Trump administration has pressed one of the most assertive agendas on immigration in modern times. And though enforcement actions at the U.S.-Mexico border and in the interior of the country have drawn the most attention, a much more wide-ranging set of immigration-related policy changes has taken place over the past two years. This document chronicles these changes, large and small, broken down by major issue area. Among other things, it includes Justice Department policies that affect how the immigration courts operate, humanitarian programs and statuses, adjustments to how the State Department processes visa applications and admits foreign nationals to the United States, and enforcement changes. These policy changes have been accomplished unilaterally by the executive branch at a time when Congress has largely avoided taking on immigration-related legislation. They have come in the form of hundreds of policy memos, regulatory changes, and more. Some of these changes have been slowed or stopped by the courts, including attempts to prevent foreign nationals who cross the U.S. border illegally from receiving asylum, but most have gone into effect.
Topic:
Immigration, Border Control, Employment, Economy, Public Policy, and Donald Trump
Political Geography:
North America and United States of America

4. 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