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91. An Overview of Pending Asylum and Refugee Legislation in the US Congress

Author:
Melanie Nezer
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
There has been no significant legislation related to the asylum process enacted in Congress in nearly a decade. In 1996, the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) became law, rolling back protections for asylum seekers by including a one-year deadline for filing asylum applications, subjecting asylum seekers to "expedited removal" procedures, and expanding the detention of asylum seekers. In 2005, Congress enacted the REAL ID Act, which created additional legal barriers to asylum, including new requirements for proving an asylum claim.
Topic:
Immigration
Political Geography:
United States

92. Facing Immigration Fears: A Constructive Local Approach to Day Labor, Community, and Integration

Author:
Sandra Lazo de la Vega and Timothy Steigenga
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
As one of the most visible and vulnerable manifestations of the presence of Latino immigrants in "new destination" communities across the United States, day laborers have become a locus of conflict over the past fifteen years for local policy makers, advocacy organizations, and neighborhood residents. Communities have dealt with day labor in drastically different ways. Some have passed harsh anti-immigrant ordinances, hoping that a hostile environment will encourage immigrants to leave. Restrictionist state and local legislation, however, has proven costly to enforce, has been challenged in court, and has hindered immigrant integration. Other communities have gone against the restrictionist tide. This paper argues that organized day labor centers, such as the El Sol Resource Center in Jupiter, Florida, address many of the fundamental fears that polarize local policymaking and the national immigration reform debate. In Jupiter, El Sol has not only eliminated a controversial open-air labor market by bringing the process into a formal and organized structure, it has also provided access to English and civics classes, preventive health screenings and legal services in cases of wage theft. Furthermore, through El Sol the Town of Jupiter has opened a two-way process of immigrant integration. Jupiter's day laborers are no longer "hiding in the shadows," but rather are engaging in active citizenship and working with native-born community volunteers to run the center.
Political Geography:
United States, Central America, and Mexico

93. Human Insecurity: Understanding International Migration from a Human Security Perspective

Author:
Todd Scribner and Francesca Vietti
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article examines contemporary, mass migration from the perspective of human security. It tracks the development of the human security model of international relations, and compares it to the well-established state security model that has served as the dominant paradigm for international relations since the seventeenth century. The article argues that human security offers a more effective approach to many of the underlying problems and threats associated with mass migration, than does the traditional state-security model. It challenges national and international authorities to address threats to human security, in order to minimize forced migration and to create the conditions for migration by choice, not necessity.
Topic:
International Relations, Development, and War
Political Geography:
United Nations

94. 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

95. Waiting for José: The Minutemen's Pursuit of America

Author:
Maryann Bylander
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Waiting for José uncovers the practices and motivations of those who form the ranks of the Minutemen — a U.S. anti -immigration movement that has garnered national attention over the past decade for its voluntary border patrols and anti -immigration campaigns. By liberal media accounts, the Minutemen are often depicted as xenophobic vigilantes; while in the eyes of the conservative media, they are heroic patriots. The Minutemen's website boasts their mission as "bringing awareness to the illegal alien invasion," and describes their efforts to protect American jobs, fight against fraud (they claim that "millions of illegal immigrants are getting a bigger tax refund than you"), and stop unlawful immigration. Whether readers are sympathetic to or enraged by the Minutemen's political bravado, they will be captivated by Harel Shapira's work helping us understand them.
Political Geography:
United States and America

96. A Voice of the US Southwestern Border: The 2012 "We the Border: Envisioning a Narrative for Our Future" Conference

Author:
Josiah McC. Heyman
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In July 2012, a diverse group of US residents living near the US-Mexico border met in El Paso, Texas for a conference entitled, We the Border: Envisioning a Narrative for Our Future. This paper describes their vision for the US-Mexico border that is at odds with the widespread view of the border as a threat to the United States. These border residents viewed their region as a set of human communities with rights, capacities, and valuable insights and knowledge. They embraced an alternative vision of border enforcement that would focus on "quality" (dangerous entrants and contraband) over "quantity" (mass migration enforcement). They called for investments in the functionality and security of ports of entry, rather than in between ports of entry. They noted the low crime rate in US border cities, and examined how policies of not mixing local law enforcement with federal immigration enforcement contributed to this achievement. They saw the border region as the key transportation and brokerage zone of the emerging, integrated North American economy. In their view, the bilingual, bicultural, and binational skills that characterize border residents form part of a wider border culture that embraces diversity and engenders creativity. Under this vision the border region is not an empty enforcement zone, but is part of the national community and its residents should enjoy the same constitutional and human rights as other US residents. The conference participants emphasized the necessity and value of accountability and oversight of central government enforcement operations, and the need for border communities to participate in federal decision-making that affects their lives.
Political Geography:
United States and North America

97. Citizen or Subordinate: Permutations of Belonging in the United States and the Dominican Republic

Author:
Shaina Aber and Mary Small
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Dominican Republic and the United States have both experienced tensions arising from migratory flows from poorer, less stable neighbors. Until recently, both countries had constitutions which conferred citizenship by birth with very limited exceptions. Despite these similarities, their respective discourses around jus soli citizenship, particularly for the children of unauthorized migrants from the poorer neighboring countries, have manifested in different ways. The identity of the United States as a nation of immigrants has limited the success of campaigns to revoke jus soli citizenship for the children of unauthorized immigrants, but the persistent articulation of this idea as a response to illegal migration has shifted the parameters of the immigration debate. In the Dominican Republic, the historical construction of national identity and anti-Haitian discourse has led to an evolution in Dominican law which codifies already established practices that deny citizenship to children of Haitian migrants. In both cases, movements that support more inclusive understandings of societal belonging, like the DREAMers in the United States and youth movements in the Dominican Republic, may offer the most effective way of protecting universal jus soli citizenship regimes.
Political Geography:
United States

98. Global Trends in Immigration Detention and Alternatives to Detention: Practical, Political and Symbolic Rationales

Author:
Robyn Sampson and Grant Mitchell
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Immigration detention is a growing threat to the well-being of migrants worldwide. While the use of this tool continues to increase, there is a growing consensus by governments on the need to pursue alternative programs. This paper examines the nature of these apparently contradictory developments and the reasons for tension in this area of migration policy. Drawing from research conducted by the International Detention Coalition and La Trobe University, this paper describes the Community Assessment and Placement (CAP) model, which seeks to prevent unnecessary detention, while allowing governments to meet the rationale offered for detention. It argues that the global trends of growth in detention and an increased emphasis on alternatives reflect competing political, policy and operational objectives. For example, governments wish to ensure compliance with deportation orders; alleviate political pressures regarding the harms associated with detention; and demonstrate control of territorial borders. Understanding the multiple rationales that shape this area of migration policy can help make sense of contradictory policy developments and identify the most effective ways to safeguard those who might be subject to detention.
Topic:
Government
Political Geography:
Australia

99. Not Just the Facts: Adjudicator Bias and Decisions of the Immigration and Refugee Board of Canada (2006-2011)

Author:
Innessa Colaiacovo
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Immigration and Refugee Board of Canada (IRB) is Canada's largest administrative tribunal. The Refugee Protection Division (RPD) of the IRB is responsible for the adjudication of refugee claims made in Canada. In accordance with its obligations under international law, Canada grants protection to persons who have a well-founded fear of persecution because of race, nationality, religion, political opinion, or membership in a particular social group. In addition, a person may request protection in Canada on the basis of his or her fear of torture, risk to life or risk of cruel and unusual treatment or punishment. Acceptance (approval) rates of claims vary widely across members of the IRB, with some granting asylum in less than 10 percent of cases, and others granting asylum in more than 90 percent of cases. Despite this fact, there is a lack of analysis exploring whether grant rates vary systematically in relationship to observed characteristics of adjudicators. This paper presents statistical analysis of over 68,000 refugee claims adjudicated by 264 members of the board from 2006 to 2011. It finds that the probability of acceptance is associated with individual members' characteristics including education, gender, and professional experience, when holding constant the claimant's country of origin, gender, and the year and regional office of adjudication. The findings suggest that the identity of the adjudicator affects whether or not an individual receives asylum.
Political Geography:
Canada

100. At the Edge of US Immigration's "Halt of Folly:" Data, Information, and Research Needs in the Event of Legalization

Author:
Fernando Riosmena
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Virtually all accounts of the state of the US immigration system point to its patently broken condition, with the presence of almost 12 million people without legal status paramount to this characterization. Because of several recent developments including continued and renewed interest in regularizing the status of most unauthorized migrants in executive and legislative branch agendas, the Center for Migration Studies of New York, with support from the John D. and Catherine T. MacArthur Foundation, convened a group of immigration specialists, researchers, scholars, and advocates in Washington, DC in September 2013 to discuss potential data, information, and research needs in the event of the enactment of large-scale legalization programs for the unauthorized population.
Topic:
Development
Political Geography:
New York and Washington

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