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131. The EU facing asylum and migration: more ambition, more compromise Authorship: Juan Antonio Pavón

Author:
Juan Antonio Pavón Losada
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
Fundación Alternativas
Abstract:
The number of asylum seekers in 2014 was the highest since 1992, when the Bosnia-Herzegovina war began. Nowadays, the Syrian civil war, the migratory transit through the Mediterranean Sea (218.0001 economic migrants and refugees), the alarming figures of deaths, and the increasing social pressure, made the EU step forward to review the current migration and neighborhood policy framework, whilst fostering a communitarian dimension, inexistent so far. Amongst other measures, stands out the European lifesaving mission "Triton2", depending on Frontex, which has been given the same budget as the Italian government gave to "Mare Nostrum" in order to prevent new maritime disasters. The European Commission also proposed to improve legal channels to prevent asylum seekers (economic migrants are excluded) from putting their lives at risk by crossing the Mediterranean Sea, exposing themselves to mafias, or being victims of illegal border controls (like in the case of Ceuta and Melilla in 2014)3 . This is planned to be implemented by triggering an emergency mechanism, laid down in the treaties, to resettle 40,000 asylum seekers from Italy, Greece and Malta; and take 20,000 others out of conflict areas in the next 24 months. According to report from the United Nations High Commissioner for Refugees (ACNUR)4, the 28 member states of the European Union (EU) recorded 570 800 asylum applications in 2014, 44% more than in 2013 (396 700). -Germany and Sweden received 30% and 13% of EU applications respectively. Sweden, with a population of 10 million, received a total of 75,100 requests of which 77% were approved. -Followed by France and Italy (10%) and Hungary (7%). -Compared to the population of each country, the highest rate corresponds to Sweden (8.4 applications per thousand inhabitants), well ahead of Hungary (4.3), Austria (3.3), Malta (3.2 ), Denmark (2.6) and Germany (2.5). -In Spain, 5,941 people (1%) called for international protection in 2014, representing an increase of 31.7% compared to 2013 when 4,513 applications were registered. Of the nearly 6,000 applications, only about 1600 were approved. Even from alternative sources such as Eurostat5, Spain is, among the countries of the European Union, where fewer asylum applications were received, with only 0.1 applicants per thousand inhabitants. Only Portugal, Slovakia and Romania recorded lower rates. According to Eurostat, in 2014, the number of asylum seekers in Spain stood at 5,615. However, out of this figure, only 31% were accepted, which represents 0.9% of all requests for international protection in the EU. The main countries of origin of those seeking asylum in Spain are Syria (1,680 applicants) and Ukraine (942), followed by Mali (620), Algeria (309) and Palestine (209). To better understand whether those positions are suitable or not, a careful analysis needs to be done. In early 2015, the EU population was about 5076 million, 13, 4% of those came from third countries (about 20 million). In 2014, EU states received 1 http://www.acnur.org/t3/recursos/estadisticas/ 2 http://frontex.europa.eu/news/frontex-launches-joint-operation-triton-JSYpL7 3 https://twitter.com/malmstromeu/status/434307240796094464 4 http://www.acnur.org/t3/fileadmin/Documentos/Publicaciones/2015/10010.pdf 5 http://ec.europa.eu/eurostat/statistics-explained/index.php/Asylum_statistics 6 http://europa.eu/about-eu/facts-figures/living/index_en.htm 1 Opex Memorandum Nº196*/2015_______________The EU facing asylum and migration: more ambition, more compromise about 600,0007 asylum applications, of those only 160.0008 were approved. Of these approved applications, 56% (89710) received the refugee status, 34% (54845) subsidiary protection and 10% (15510) were given asylum condition due to humanitarian reasons. At first instance only 35% were approved, which meant an increase of 0.03% over the total population and a less than minimal reduction in indicators of GDP per capita or rising of the unemployment rates. In contrast, the total number of asylum applications in 2014 raised to almost 200,000 more applications. In the past four years, these numbers have grown steadily. The highest number of applicants are coming from Syria, which is still suffering the ravages of a civil war, and has not changed (50 470, 12% of the total). On the one hand, given the figures of that period9, when there were less asylum claims, there were 12,425 unaccompanied minors who requested international protection; most of them were accepted in Sweden, Germany, the UK, Austria and Italy. On the other hand, 23,632 victims of human trafficking in the EU during the period 2008-2010 were identified, 80% of them women and girls, and 20% men and boys. In most cases they suffered sexual exploitation (62%), followed by forced labor (25%) and other forms of trafficking as organ harvesting, criminal activities or sale of children (14%).
Topic:
International Cooperation, Migration, Immigration, Europe Union, and Asylum
Political Geography:
Europe and Brussels

132. Model Immigrants and Undesirable Aliens: The Cost of Immigration Reform in the 1990s, Christina Gerken

Author:
Maddalena Marinari
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Christina Gerken makes a critical contribution to our knowledge of the debate over immigration reform in the recent past. Her detailed and richly documented analysis of the content and social implications of the debate that led to critical changes to the American immigration system provides the most¬detailed discussion to date of the immigration reform discourse of the mid-1990s. Through the lens of critical-race theory and neoliberalism, Gerken analyzes how the passage of the Antiterrorism and Effective Death Penalty Act, the Personal Responsibility Act, and the Illegal Immigration and Immigrant Responsibility Act during the administration of Bill Clinton profoundly reshaped the rights and responsibilities of immigrants in the United States. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19330#sthash.F2iED60M.dpuf
Topic:
Immigration and Reform
Political Geography:
United States

133. Coming of Political Age: American Schools and the Civic Development of Immigrant Youth, Rebecca M. Callahan and Chandra Muller

Author:
Sara Z. Poggio
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
In this insightful study, Rebecca M. Callahan and Chandra Muller show the importance of the national educational system of the United States in the social and civic integration of children of immigrants—one of the fastest­ growing segments of the U.S. population. The relevance of education, and public education in particular, has been highlighted, as mentioned by the authors, in the education program “No Child Left Behind,” initiated by President George W. Bush in 2001 and in “Race to the Top.” one of several programs initiated by the administration of Barack Obama. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19338#sthash.ik0TWfYQ.dpuf
Topic:
Development, Education, Politics, and Immigration
Political Geography:
United States and America

134. California Dreaming: The New Dynamism in Immigration Federalism and Opportunities for Inclusion on a Variegated Landscape

Author:
Roberto Suro
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Interactions between local, state and federal governments as regards immigration policies began to undergo a dramatic change with the passage of Proposition 187 in California in 1994. Seemingly settled issues over the relative prerogatives of different levels of government and even different branches of government have since been the subject of frequent contention in many venues and in many domains of immigration policy. During this period, especially in the last decade, a new dynamism has developed in immigration federalism that is evident in both policymaking processes and policy outcomes. In policy processes, this dynamism is characterized by an increasingly broad distribution of powers and responsibilities across all levels of government. As a result, an ever-broader array of actors has gained a say over immigration policies. These include not only elected office holders and government officials but also advocates and activists from many sectors of civil society including immigrant communities themselves. Finally, the different levels of government and policy actors do not operate in isolation but rather in vigorous interaction across multiple levels of government and among advocates of different sorts both in the formulation and implementation of policy. This new dynamism is reflected in recent scholarship that describes models of federalism based on discourse, intermediation and collaboration among governments rather than resting primarily on the longstanding constitutional arguments over the balance of power between the states and the federal government. The policy outcomes produced by this new dynamism are marked by highly divergent and varied results. The federal government devolved some powers over welfare and policing policies regarding immigrants, but implementation by state and local governments was largely dictated by local factors rather than Washington's intent. Meanwhile, many sub-federal governments have taken the initiative to assume powers on immigration matters. In some cases they have mitigated the punitive effects of being unauthorized under federal rules and have created pathways of civic inclusion for immigrants who otherwise suffer isolation from the body politic. Taking the opposite approach, other jurisdictions have adopted enforcement regimes meant to heighten the impact of federal exclusion. In effect, Washington still exercises exclusive power to determine an individual's immigration status, but many state and local governments have enacted policies that define the practical consequences of that status. The paper concludes by positing the likelihood of heightened differentiation on immigration policy on a state and local basis, particularly if Washington remains unable to enact a new policy regime in this area. Instead of a single, dominant federal policy, many state and local jurisdictions will create policies that condition the immigrant experience sufficiently to influence the size and content of migration flows. Across a highly variegated landscape of immigration policies, some places will be welcoming while others will be inhospitable, even hostile, to newcomers. This new dynamism in immigration federalism and the resulting variety of outcomes are products of large, deeply rooted trends in American society that are unlikely to change in the foreseeable future.
Topic:
Immigration
Political Geography:
California

135. Beyond DAPA and DACA: Revisiting Legislative Reform in Light of Long-Term Trends in Unauthorized Immigration to the United States

Author:
Donald Kerwin and Robert Warren
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In December 2014, the Center for Migration Studies of New York (CMS) released a paper that provides new estimates of the US unauthorized resident population (Warren 2014). The paper describes the development of a new dataset which has detailed information about unauthorized residents, derived from data collected in the US Census Bureau's American Community Survey (ACS). The dataset will be useful to scholars, researchers, service-providers, and government officials in crafting, implementing, and evaluating programs that serve noncitizens, including the unauthorized. In addition, the new estimates provide an opportunity to examine the dramatic changes in unauthorized immigration in the past two decades and the assumptions that have shaped US policies and public opinion. The new dataset, recent estimates of the unauthorized (Warren and Warren 2013) and statistics on the noncitizen population from IPUMS-USA (Ruggles et al. 2010) highlight several trends related to the decline in the unauthorized population, particularly from Mexico, and the increasing salience of visa overstays in constituting this population. Some trends defy conventional wisdom and all of them have public policy consequences. In particular, we find that: The unauthorized resident population was about a million lower in 2013 than in 2007. The “Great Recession” was not the principal cause of population decline. Annual arrivals into the unauthorized population increased to more than one million in 2000, then began to drop steadily, and have now reached their lowest levels since the early 1980s From 2000 to 2012, arrivals from Mexico fell by about 80 percent. Between 2010 and 2013, the total unauthorized population from Mexico declined by eight percent. In 2006, the number of arrivals from Mexico fell below the total number of arrivals from all other countries (combined) for the first time. The number who stayed beyond the period authorized by their temporary visas (overstays) exceeded the number who entered across the southern land border without inspection (EWIs) in each year from 2008 to 2012. While the CMS estimates are based on sample data and assumptions that are subject to error, these trends are consistent with the best empirical information available. In November 2014 the Obama Administration announced an unprecedented set of executive action initiatives. At this writing, the Deferred Action for Parental Accountability (DAPA) program and the expanded Deferred Action for Childhood Arrivals (DACA) program, which would provide work authorization and temporary reprieve from removal to eligible persons, have been preliminarily enjoined. The temporary injunction, which the US Department of Justice plans to appeal to the Fifth Circuit Court of Appeals, comes in response to a legal challenge to the two programs by 26 states under Article II, section 3 of the US Constitution which requires the President to “take Care that the Laws be faithfully executed,” and under the Administrative Procedure Act (APA). In addition, the Republican majorities of the 114th Congress have vowed to prevent the implementation of these programs. However, the administration has expressed confidence that it will ultimately prevail in court and in its battle with Congress over these programs. Meanwhile, nongovernmental organizations (NGOs), community-based organizations (CBOs), and others continue to plan intensively for the DAPA and DACA programs, as well as for other executive action initiatives. This paper provides estimates of those who are potentially eligible for DAPA and DACA. However, it also looks beyond DAPA and DACA to make the case for broad legislative reform in light of long-term trends in unauthorized migration to the United States and the unauthorized resident population. In particular, it argues that substantial declines in the unauthorized population—a goal shared by partisans on both sides of the immigration debate—will require reform of the legal immigration system, legalization of a substantial percentage of the unauthorized, and a more effective response to nonimmigrant visa overstays.
Topic:
Immigration
Political Geography:
United States

136. Paths to Lawful Immigration Status: Results and Implications from the PERSON Survey

Author:
Donald Kerwin, Tom K. Wong, Jeanne M. Atkinson, and Mary Meg McCarthy
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Anecdotal evidence suggests that a significant percentage of unauthorized immigrants are potentially eligible for some sort of immigration relief, but they either do not know it or are not able to pursue lawful immigration status for other reasons. However, no published study that we are aware of has systematically analyzed this question. The purpose of this study is thus to evaluate and quantify the number of unauthorized immigrants who, during the course of seeking out legal services, have been determined to be potentially eligible for some sort of immigration benefit or relief that provides lawful immigration status. Using the recent implementation of the Deferred Action for Childhood Arrivals (DACA) program as a laboratory for this work, this study attempts to answer the question of the number of unauthorized immigrants who, without knowing it, may already be potentially eligible for lawful immigration status. In surveying 67 immigrant-serving organizations that provide legal services, we find that 14.3 percent of those found to be eligible for DACA were also found to be eligible for some other form of immigration relief—put otherwise, 14.3 percent of individuals that were found to be eligible for DACA, which provides temporary relief from deportation, may now be on a path towards lawful permanent residency. We find that the most common legal remedies available to these individuals are family-based petitions (25.5 percent), U-Visas (23.9 percent), and Special Immigrant Juvenile Status (12.6 percent). These findings make clear that—with comprehensive immigration reform legislation or eligibility for administrative relief — legal screening can have significant and long-lasting implications on the lives of unauthorized immigrants and their families.
Topic:
Immigration

137. Democratizing Data about Unauthorized Residents in the United States: Estimates and Public-Use Data, 2010 to 2013

Author:
Robert Warren
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Information about the unauthorized resident population is needed to develop and evaluate US immigration policy, determine the social and economic effects of unauthorized immigration, and assist public and private service providers in carrying out their missions. Until recently, estimates have been available only for selected data points at the national and sometimes the state level. The Center for Migration Studies (CMS) convened a meeting in September 2013 to assess the need for information about the unauthorized resident population. The meeting included leading academics, researchers, non-governmental organizations (NGOs) that serve immigrants, and local, state, and federal government representatives. Based on the recommendations from that meeting, CMS initiated a project to derive estimates of the size and characteristics of the unauthorized population at the national, state, and sub-state levels, and to make the information readily available to a wide cross-section of users. A series of statistical procedures were developed to derive estimates based on microdata collected by the US Census Bureau in the 2010 American Community Survey (ACS). The estimates provide detailed demographic information for unauthorized residents in population units as small as 100,000 persons. Overall, the estimates are consistent with the limited information produced by residual estimation techniques. A primary consideration in constructing the estimates was to protect the privacy of ACS respondents.
Topic:
Immigration
Political Geography:
United States

138. Problems Faced by Mexican Asylum Seekers in the United States

Author:
J.Anna Cabot
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Violence in Mexico rose sharply in response to President Felipe Calderón's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines—from the perspective of an attorney who represented Mexican asylum seekers on the US-Mexico border in El Paso, Texas—the reasons for low asylum approval rates for Mexicans despite high levels of violence in and flight from Mexico from 2008 to 2013. It details the obstacles faced by Mexican asylum seekers along the US-Mexico border, including placement in removal proceedings, detention, evidentiary issues, narrow legal standards, and (effectively) judicial notice of country conditions in Mexico. The paper recommends that asylum seekers at the border be placed in affirmative proceedings (before immigration officials), making them eligible for bond. It also proposes increased oversight of immigration judges.
Topic:
Immigration
Political Geography:
United States, China, and Mexico

139. "Enemy Territory": Immigration Enforcement in the US-Mexico Borderlands

Author:
Walter A. Ewing
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
For the last two decades, the guiding strategy of immigration enforcement along the US-Mexico border has been “prevention through deterrence,” or stopping unauthorized immigrants from entering the country rather than apprehending those who have already crossed the border. “Prevention through deterrence” has entailed a massive concentration of enforcement personnel and resources along the border and at ports of entry. It has also led to the detention and removal of increasing numbers of unauthorized immigrants and far greater use of “expedited removal.” As gauged by the doubling in size of the unauthorized immigrant population over the same period, “prevention through deterrence” has not been a successful enforcement strategy. Moreover, it has funneled more migrants to their death in the deserts and mountains of the southwest as they (and smugglers) resort to increasingly dangerous routes to evade border enforcement. In addition, there has been public concern over ethnic profiling and the use of extraordinary authority by Border Patrol agents to conduct arbitrary searches within 100 miles of the border. Despite these problems, the federal government continues to spend billions of dollars each year on the “prevention through deterrence” strategy. A first step in overcoming the deficiencies of this border enforcement strategy is to strengthen accountability within the Border Patrol, so that allegations of excessive force and abuse are investigated and adjudicated promptly and appropriately. The culture of the Border Patrol must be transformed to foster respect for rights. More broadly, the mission of the Border Patrol should be to capture dangerous individuals and to disrupt the operations of the transnational criminal organizations that traffic people, drugs, guns, and money. In addition, providing more pathways to legal entry through immigration reform would enhance border security by attenuating the flow of unauthorized immigrants within which dangerous criminals or terrorists can hide. Finally, the US government should pursue economic policies to promote development in Mexico and Central American countries in order to address the underlying causes of migration.
Topic:
Immigration
Political Geography:
United States and Mexico

140. Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance

Author:
Lauren Gilbert
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper uses New York City's consideration of an amendment to its charter that would extend voting rights to noncitizens in municipal elections as a case study in immigrant integration and local governance. It argues that New York City's biggest challenge in moving this issue forward is dealing successfully with two related questions: 1) why the New York City Council should be able to decide who “the People” are without approval from the state government in Albany and 2) whether it should attempt to enact the measure without a referendum. The analysis first examines the role of local government in regulating the lives of immigrants, contrasting enforcement-oriented strategies with those that are more integration-oriented. It then spotlights federal law obstacles to noncitizen suffrage, concluding that while neither federal criminal nor immigration law prevents state or local governments from extending the franchise to noncitizens in state or local matters, federal law imposes impediments that may deter some noncitizens from registering or that could carry serious immigration consequences for those who vote in violation of federal law. The article then focuses on state law obstacles, including New York's constitution, its state election law and its home rule provisions. It contrasts other recent experiences with noncitizen suffrage around the country, looking at both municipal and school board elections. Finally, it provides some thoughts on best practices in moving forward the issue of noncitizen suffrage in New York City and other locales. New York law is ambiguous enough that good arguments can be made for why neither Albany's approval nor a city-wide referendum is required. However, given New York City's historic relationship with Albany and the state legislature's power to preempt local law on election matters, if the city council attempts to expand the franchise to noncitizen voters without a referendum or comparable measure, it could trigger preemptive action in Albany or lengthy, divisive, and costly battles in the courts.
Topic:
Immigration
Political Geography:
New York