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11. 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

12. Migration Management and Border Security: Lessons Learned

Author:
Alan D. Bersin
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Two decades into the 21st century, both the European Union and the United States have faced considerable challenges in managing migration and borders. Globally, the number of international migrants has grown considerably, reaching 281 million as of 2020. And large-scale irregular migration has strained the infrastructure, legal systems, and often the social and political fabric of the nations encountering it. This personal reflection, written by a former high-ranking official in the U.S. Department of Homeland Security, examines the strategic lessons that can be learned from recent migration events that have severely stressed border authorities in North America and Europe. Among the topics it explores are: the changing nature of borders and how nation states enforce them; the value of networks and cooperation within government, internationally, and with nongovernmental partners; the challenges of migrant smuggling and trafficking; and the importance of messaging and advanced preparation.
Topic:
Development, Migration, Law Enforcement, Border Control, European Union, Refugees, and Smuggling
Political Geography:
Europe and United States of America

13. Immigration and U.S. National Security: The State of Play Since 9/11

Author:
Amy Pope
Publication Date:
04-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
The wide-ranging reforms that followed the September 11, 2001, attacks on the United States significantly strengthened the national security capabilities of immigration agencies. The U.S. Department of Homeland Security (DHS) was created to bridge gaps between the intelligence community and immigration functions. Yet, the restructuring was not comprehensive, and threats to national security continue to evolve. In addition, while the tendency to frame immigration policy through a security lens predates the Trump administration, this now routine practice clouds the picture of who and what pose a threat. This report takes a critical look at the increasingly complex security threats U.S. immigration policy must manage—from public-health emergencies, such as the coronavirus (COVID-19) pandemic, to the activities of transnational criminal organizations. It assesses the tools available to respond to these threats, and the successes and challenges to date in innovating as risks evolve. To do so, it traces the evolution of the country’s immigration and border control system, with a focus on how institutions and processes have developed since 9/11. While the U.S. government has made important progress in shoring up weaknesses in its defenses at the nexus of immigration processes and national security, this analysis identifies a number of critical gaps that remain—from a need to more clearly define mission space, to effectively sharing information and transitioning to electronic-based systems. Under the Trump administration, resources and political will have also been steered away from core DHS national security missions, including disaster response, cyber security, and general policy and planning in favor of immigration enforcement measures focused on low-risk unauthorized migrants and asylum seekers. The challenge ahead, the author writes, is to “rebuild the department’s credibility at home and with foreign partners, while recalibrating resource allocations and strengthening its capacity to respond to and manage the most pressing national security threats.” This report is part of MPI’s multiyear Rethinking U.S. Immigration Policy initiative, which aims to generate 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:
International Cooperation, National Security, Immigration, Infrastructure, Governance, Border Control, Refugees, Resettlement, and Asylum
Political Geography:
North America and United States of America

14. Managing the Pandemic and Its Aftermath: Economies, Jobs, and International Migration in the Age of COVID-19

Author:
Demetrios G. Papademetriou
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
The COVID-19 pandemic’s immediate costs, measured in lives lost and damaged, have been appalling and continue to rise. In addition, its effects on individuals’ livelihoods and economies around the world have been deep and are likely to be long lasting. While saving lives was the near-exclusive focus during the first phase of the crisis, governments are now trying to strike a delicate balance between preventing further economic damage by reopening parts of their economies, while managing the obvious health risks of doing so. In the international mobility and migration arenas—policy areas enormously affected by the health and economic effects of the pandemic—this reflection considers both how these fields have fared thus far and the challenges that lay ahead. It first examines how measures put in place to stop the spread of the virus have affected family, labor, and humanitarian migration. It then highlights the thorny questions, as well as some opportunities, policymakers will face going forward. Among the critical questions: How will countries protect those most vulnerable to the disease and to economic precariousness? Will this become a moment in which governments seek to recalibrate the global trading system, aiming to increase economic self-reliance without falling into protectionism? And will the pandemic prompt countries to rethink aspects of their immigration systems, including how they screen arrivals, the number and types of foreign workers admitted, and the strategies for helping newcomers integrate into a new society?
Topic:
Migration, Border Control, Refugees, Economy, and COVID-19
Political Geography:
Europe and United States of America

15. Building a New Regional Migration System: Redefining U.S. Cooperation with Mexico and Central America

Author:
Andrew Selee and Ariel G. Ruiz Soto
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Migration between the United States and neighboring countries to the south is an enduring if ever-shifting phenomenon. While the COVID-19 pandemic and measures put in place to stop the spread of the virus have severely limited mobility, longer-standing questions about how best to manage regional migration remain as important as ever. These include how to address the mixed movement of unauthorized economic migrants and those fleeing persecution, with many families and unaccompanied children among them, and how to facilitate the legal movement of workers to meet labor demand and make the most of the region’s human capital. The Trump administration has largely focused on enhancing border controls and sharply narrowing access to asylum at the border, with the aim of deterring migration and turning back those who arrive without authorization to enter. Yet this heavily enforcement-focused strategy is unlikely to be sustainable in the long run. This report puts forward another approach, one that reflect the many faces of migration through the region and that is rooted in closer cooperation with Mexico and Central American countries. Its key element are: expanding opportunities for legal movement by extending seasonal work visas to nationals of countries in Central America that have the greatest migration pressures; re-establishing asylum at the U.S.-Mexico border, but streamlining processes to ensure fair and timely decisions; professionalizing border enforcement in Mexico and the United States to make it both more effective and more humane; and investing in economic and institutional development in Central America to address the forces driving people to leave their homes. While a transition from one approach to another cannot happen overnight—and indeed careful sequencing of policy changes will be essential to avoid triggering a surge in migration throughout the region—it is essential if the United States and its partners are to move the needle towards safer, more orderly, and legal migration.
Topic:
Development, Migration, Regional Cooperation, Border Control, Refugees, and Economy
Political Geography:
Central America, North America, Mexico, and United States of America

16. One Year after the U.S.-Mexico Agreement: Reshaping Mexico’s Migration Policies

Author:
Ariel G. Ruiz Soto
Publication Date:
06-2020
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
On June 7, 2019, after months of heightened Central American migration through Mexico to the United States, the Mexican and U.S. governments signed an agreement to work together to manage the migration of Central American asylum seekers and other migrants. This ushered in an intense period of policy and institutional change that is reshaping Mexico’s immigration enforcement and humanitarian protection systems. After being threatened with steep tariffs on Mexican goods, Mexico agreed to step up enforcement efforts, accepted the expansion of the U.S. Migrant Protection Protocols (MPP, also known as Remain in Mexico) along the U.S.-Mexico border, and promised to increase collaboration with the United States to disrupt migrant-smuggling networks. In turn, the United States pledged to expedite the asylum cases of migrants waiting in Mexico under MPP and invest in economic development efforts in southern Mexico and Central America to address the drivers of migration. While the full impact of the deal will likely take years to unfold, this policy brief takes stock of what has changed in the first year since its signing. It charts trends in migrant apprehensions and returns by Mexican authorities, and the volume of asylum applications filed in Mexico. The brief also examines challenges that have intensified during this time, including the precarious conditions many migrants face while waiting in Mexican border communities for their U.S. asylum cases to be heard and the COVID-19 pandemic that hit in early 2020. Looking ahead, the brief highlights opportunities for further policy development.
Topic:
Treaties and Agreements, Immigration, Border Control, Refugees, Asylum, Deportation, and COVID-19
Political Geography:
Central America, North America, Mexico, and United States of America

17. Venezuelan Migration, Crime, and Misperceptions: A Review of Data from Colombia, Peru, and Chile

Author:
Dany Bahar, Brian Dooley, and Andrew Selee
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
More than 5 million Venezuelans have left their country, and the majority—more than 4 million—have moved elsewhere in Latin America and the Caribbean. While some politicians and pundits have claimed the new arrivals are leading to an uptick in crime, few studies conducted in the region have examined whether and what type of relationship exists between immigration and crime. This issue brief explores these questions by looking at migration and crime data from the three countries with the largest number of Venezuelan migrants: Colombia, Peru, and Chile. To do so, it draws on a mix of national and subnational datasets, some publicly available and others obtained by the authors through requests to government agencies. Analysis of data from 2019 suggests that, for the most part, Venezuelan migrants commit substantially fewer crimes—and certainly fewer violent crimes—than the native born, relative to their share in the overall population. This signals that public perceptions that immigration is driving up crime rates are misplaced. In discussing the policy implications of this analysis, the authors point to areas for further research and policy discussion, including the need to pay special attention to border regions, in which migration and crime dynamics often differ from those elsewhere in the country, and the value of actively addressing newcomers’ legal status and labor market integration.
Topic:
Crime, Migration, Border Control, Employment, Trafficking, Immigrants, and Integration
Political Geography:
Colombia, South America, Venezuela, Chile, and Peru

18. 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

19. At the Starting Gate: The Incoming Biden Administration’s Immigration Plans

Author:
Doris Meissner and Michelle Mittelstadt
Publication Date:
11-2020
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
President-elect Joe Biden pledged during the campaign to reverse some of the most restrictive immigration actions undertaken during Donald Trump’s four years in office, including family separation and a travel ban on nationals from majority-Muslim countries. He also vowed to temporarily halt deportations, reinstate the Deferred Action for Childhood Arrivals (DACA) program, increase refugee admissions, and halt construction of the border wall. This policy brief outlines some of the incoming administration’s top immigration priorities and examines challenges and opportunities ahead. Drawing on existing and forthcoming policy ideas from MPI’s Rethinking U.S. Immigration Policy initiative, the brief sketches several proposals that could begin to shape a U.S. immigration system that advances the national interest going forward. The near-total shutdown of asylum at the U.S.-Mexico border, for example, does not represent a long-term strategy nor is it consistent with longstanding U.S. values. Effective long-term solutions to deal with mixed flows of economic and humanitarian migrants entail processes to provide fair, efficient processing of asylum cases, including by having the U.S. Citizenship and Immigration Services (USCIS) Asylum Division oversee the merits of border asylum cases to completion—an MPI recommendation the Biden campaign embraced. The brief, among other proposals, also recommends the creation of multiagency reception centers near the border for one-stop screening of arrivals and speedy turnover to the relevant agencies.
Topic:
Science and Technology, Infrastructure, Border Control, Employment, COVID-19, and Labor Market
Political Geography:
North America and United States of America

20. 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