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301. 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

302. "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

303. 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

304. International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress (Edited by Leonir Mario Chiarello and Donald Kerwin, Scalabrini International Migration Network, 2014)

Author:
Breana George
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
With the passage of immigration reform legislation stalled in the House of Representatives, President Obama announced on June 30, 2014 that he was prepared to exercise executive authority on immigration if Congress had not acted by the end of the August recess. In early September, however the administration indicated that it would not move forward with issuing an immigration directive until after the November midterm elections due to polarization over the issue (Shear 2014). The administration argued that prolonging the time frame to act would allow the President to unveil a bolder and more sustainable policy to provide administrative relief to unauthorized immigrants (ibid.)
Topic:
Immigration and Reform
Political Geography:
United States

305. Turkey's Transition to an Immigration Country: A Paradigm Shift

Author:
Franck Düvell
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article argues that Turkey is going through a paradigm transition regarding its migration characteristics and has changed from an emigration to an immigration country. It briefly reviews the history of immigration of mostly ethnic Turks or other Muslims to Turkey, but then concentrates on contemporary non-Turkic and non-Muslim immigrants. In the first part, it distinguishes between flows of travelers and migrants and stock of immigrants. Notably, it illustrates national diversity, assesses the quantitative level of immigration to Turkey, including estimates on irregular immigration, and addresses the geographic dispersal of immigrants across the country. In the second part, it analyzes the macro-level economic, political and social factors and discrepancies between Turkey, its neighbors and other countries in the wider region, which represent the structural determinants of migration. It concludes that immigration to Turkey is still comparably low but that due to macro-level factors, it could grow. In order to develop adequate policy responses, more research must be done.
Topic:
Islam and Immigration
Political Geography:
Turkey

306. Italy and the Renegotiation of the UK's EU Membership

Author:
Riccardo Alcaro
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
British Prime Minister David Cameron has pledged to campaign for the UK to stay in the EU in the incoming in-or-out referendum on the UK’s EU membership, but only if London succeeds in recalibrating its relationship with the Union. As the EU’s fourth largest country, Italy will play a crucial role in the negotiation. The challenge for Rome is to balance its long-standing commitment to strengthening European integration with the interest in keeping a country the size and influence of the UK in the EU. Matteo Renzi’s government should be supportive of British proposals about competitiveness, pragmatic as far as sovereignty issues are concerned, constructive but cautious regarding economic governance, and understanding of British concerns but also firm about immigration.
Topic:
Markets, Regional Cooperation, Immigration, and European Union
Political Geography:
United Kingdom and Europe
Publication Identifier:
978-88-98650-70-5
Publication Identifier Type:
ISBN

307. Migration and Refugee Governance in the Mediterranean: Europe and International Organisations at a Crossroads

Author:
Sarah Wolff
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The death of Aylan, a 3-year-old boy on a Turkish beach, prompted European leaders and public opinions to acknowledge that Europe is the deadliest migration destination in the world. In spite of this disturbing truth, there is little agreement on an EU solution to the Syrian refugee crisis. In September 2015, the EU Interior Ministers struggled to agree over the relocation of 120,000 refugees through a common compulsory mechanism, as Eastern European countries oppose the idea of “sharing the burden.” Progress regarding other solutions such as a European rescue at-sea-mission, the delivery of humanitarian visas or the opening of legal means of migration have also met strong member state resistance. If Europe is not up to the task, can international organisations (IOs), often critical of European states for their inaction, impulse change? What influence do IOs have on EU and Mediterranean migration and refugee policies? This paper investigates how IOs have been trying to frame an alternative debate and the challenges they meet in promoting transregional governance.
Topic:
Humanitarian Aid, Migration, War, Immigration, and Border Control
Political Geography:
Europe and Middle East
Publication Identifier:
978-88-98650-66-8
Publication Identifier Type:
ISBN

308. Turkey's Evolving Migration Policies: A Mediterranean Transit Stop at the Doors of the EU

Author:
Ahmet İçduygu
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Particularly in Europe, there is a common misconception that Turkey is primarily a country of emigration (or migrant-sending country) and a source country for asylum seekers. However, reality is that Turkey has morphed into a country of immigration, and more prominently a transit country, as a result of intense migratory movements over the last two decades. This paper analyses the evolution of Turkey’s migration policies and the way in which EU-Turkey relations have affected Turkey's migration laws and practices.
Topic:
Globalization, Migration, Political Economy, Bilateral Relations, and Immigration
Political Geography:
Central Asia and Turkey
Publication Identifier:
978-88-98650-55-2
Publication Identifier Type:
ISBN

309. ICE Officers Overwhelmingly Use Their Discretion to Detain LGBT Immigrants

Author:
Sharita Gruberg
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
Center for American Progress - CAP
Abstract:
On November 20, 2014, as part of President Barack Obama’s executive actions on immigration, U.S. Department of Homeland Security, or DHS, Secretary Jeh Johnson issued a memorandum that established priorities to guide all aspects of immigration enforcement regarding the apprehension, detention, and removal of unauthorized immigrants.1 Those priorities have focused government resources on addressing threats to public safety, national security, and border security rather than on unauthorized immigrants who have been in the United States for years without committing serious crimes. That memorandum, in addition to outlining enforcement priorities, clarified that certain categories of vulnerable people—unless subject to mandatory detention—should not be detained absent extraordinary circumstances.2 Although the memo does not specifically mention lesbian, gay, bisexual, and transgender—or LGBT—immigrants, due to their extreme risk of abuse in detention, they are recognized as a “special vulnerability” category by the DHS.3 Data obtained recently by the Center for American Progress through a Freedom of Information Act request revealed that despite the priorities outlined in the memo, the DHS elected to detain a higher percentage of LGBT immigrants who were not subject to mandatory detention in fiscal year 2015 than the year before the memorandum was issued.4 These data indicate that Immigration and Customs Enforcement, or ICE, officers ignored Secretary Johnson’s enforcement priorities when making custody decisions for LGBT immigrants.
Topic:
Migration, Immigration, Discrimination, LGBT+, Labor Policies, and Police
Political Geography:
North America and United States of America

310. The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees

Author:
Sarah Weiner
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The physical relocation of detainees from Guantanamo to the United States would not meaningfully alter U.S. obligations under domestic immigration law or international law concerning refoulement. Domestic immigration law would not affect U.S. authority to bring aliens into the United States and to detain those aliens under the laws of war. Detainees would not enter the United States as immigrants, but rather would remain legally “at the border” during their detention. If a detainee secures his release from law-of-war detention, then the United States would be prohibited from transferring the former detainee to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture. This obligation applies equally to detainees held at Guantanamo and in the United States. If the United States could not find a suitable country to accept the former detainee, then the United States may have the authority to hold the alien indefinitely in immigration detention, provided that his custody meets statutory requirements. This authority is constitutionally untested and potentially inconsistent with obligations under international law, but these concerns would apply equally to both Guantanamo- and U.S.-located former detainees.
Topic:
International Law, Immigration, Law, Guantanamo Bay, and Detainees
Political Geography:
North America and United States of America