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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. Migrant caravans in U.S.-Mexico relations/Las Caravanas de Migrantes Entre México y Estados Unidos

Author:
Julieta Espín Ocampo
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
For decades, undocumented Central American migrants crossing Mexican territory on their way to the United States have suffered abuse and violence by cirmiinal groups, but also by law enforcement officials who should not only enforce the border law but also protect them in accordance with international agreements. Only recently the presence of this mass of people begins to attract the attention of Mexican society, especially as a result of the emergence of so-called "migrant caravans" that initiated in 2018. This article analyses the reaction of the Mexican State to caravans and American pressure to stop them, which has moved from an open-door policy with greater commitment to the defense of the rights of these foreigners in its territory, to prevent their entry, increasing deportations and using them as bargaining chip in Mexican trade negotiations with the Trump Administration. /
Topic:
Migration, Treaties and Agreements, Borders, Asylum, and Deportation
Political Geography:
Central America, Mexico, and United States of America

13. Relaunching the Central American Minors Program: Opportunities to Enhance Child Safety and Family Reunification

Author:
Mark Greenberg, Stephanie Heredia, Kira Monin, Celia Reynolds, and Essey Workie
Publication Date:
12-2021
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
The Central American Minors (CAM) Program was created to allow certain children living in dangerous conditions in El Salvador, Guatemala, and Honduras to enter the United States as refugees or parolees to join their parents. The program sought to create a safe, legal, and orderly alternative for children who might otherwise seek to enter the United States by crossing the U.S.-Mexico border unaccompanied. The program began in 2014, the Trump administration announced its termination in 2017, and the Biden administration relaunched it with expanded eligibility in 2021. This report takes a critical look at lessons learned from the program’s earlier iteration and offers recommendations for how to strengthen the relaunched version. It examines, among other things, eligibility criteria, program administration, safety provisions for children awaiting a decision on their case, and the assistance children have access to after they arrive in the United States. “Even with substantial improvements,” the authors write, “it is doubtful that the CAM Program will ever be able to assist more than a small fraction of children who face danger in northern Central America and have parents or close relatives in the United States. Still, with improvements, the program can help significantly greater numbers of children and families seeking relief and family reunification.”
Topic:
Health, Refugees, Immigrants, Resettlement, Asylum, Integration, Immigration Policy, and Family Reunification
Political Geography:
Central America and United States of America

14. More than a Wall: The Rise and Fall of US Asylum and Refugee Policy

Author:
Ruth Ellen Wasem
Publication Date:
08-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them. It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States. The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.
Topic:
Migration, Refugees, Humanitarian Intervention, Asylum, and Migrant Workers
Political Geography:
United States of America and North America

15. 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

16. 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

17. 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

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. Creative Financing Could Help Cities Like Portland, Maine, Integrate Asylum Seekers and Tackle Other Challenges

Author:
Matthew Eldridge and Charles Cadwell
Publication Date:
09-2019
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
This summer, several hundred asylum seekers—most fleeing violence in Angola and the Democratic Republic of the Congo—arrived in Portland, Maine, igniting a debate on how to support these new arrivals, most of whom have immediate housing and service needs, as well as issues related to trauma and navigating a new country, and whether to encourage more immigration to bridge local labor shortages. The responsibility of providing services for asylum seekers—unlike refugees, who have access to some supports—falls into a gray area without clearly delineated roles for local, state, and federal government agencies. If granted asylum, these individuals would be eligible for federal supports, but that process could take months or years. Capacity constraints among local service providers are limiting their ability to expand services to meet these new needs. Although there may be long-term, quantifiable benefits for integrating these new, mostly younger residents into communities with workforce needs, the short-to-medium-term integration and support costs, coupled with unclear funding responsibilities and tight budgets, present barriers to action.
Topic:
Refugees, Asylum, and Integration
Political Geography:
Africa, North America, Angola, United States of America, and Congo

20. Refugees Without Refuge: Turning Refugees Into Terrorists

Author:
Anjum Gupta, Elizabeth Foydel, and Dorothy Harbeck
Publication Date:
04-2019
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
This panel was part of the "Casting Terror: Intersection of Race and Security Law in a Post 9-11 World" symposium focusing on the intersection of islamophobia and refugee and national security law.
Topic:
National Security, Race, Terrorism, Law, Refugees, Islamophobia, and Asylum
Political Geography:
North America, Global Focus, and United States of America