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41. Maximizing the Shared Benefits of Legal Migration Pathways: Lessons from Germany’s Skills Partnerships

Author:
Michael Clemens, Helen Dempster, and Kate Gough
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
The world is experiencing significant demographic shifts. By 2100, Europe’s working-age population will have declined, and sub-Saharan Africa’s working-age population will have greatly increased. Many of these new labor market entrants will seek opportunities in Europe, plugging skill gaps and contributing to economies in their countries of destination. Germany is one country piloting and implementing projects that can help alleviate such demographic pressures and maximize the potential mutual benefits of legal labor migration. We discuss these projects, and highlight differences in their potential impact on development in the country of origin. We recommend that European governments build on, adapt, and pilot-test one of Germany’s approaches, also known as the Global Skill Partnership model: training potential migrants in their countries of origin before migration, along with non-migrants. Ideally, governments should pursue such pilot-tests with those countries that exhibit rising future migration pressure to Europe, particularly in sub-Saharan Africa. Neither the conclusion nor the results of this analysis reflect the opinion of the Federal Ministry of Economic Cooperation and Development (BMZ) or Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ).
Topic:
Migration, Labor Issues, Immigration, and Border Control
Political Geography:
Africa, Europe, Germany, and Sub-Saharan Africa

42. Fleeing Violence in Central America: Time to Implement Canada’s Resettlement Policies

Author:
Rachel Kiddell-Monroe and Celine de Richoufftz
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University
Abstract:
Canada should take proactive and concrete actions to protect Northern Central American refugees fleeing violence including: Implementing its policy to offer resettlement to Central American refugees caught in legal limbo in Mexico. Ensuring it welcomes asylum seekers who are at risk under the US immigration system. Supporting Northern Central American states in their efforts to build fairer and more efficient immigration systems. Advocating for safe passages, legal pathways and for an end to the criminalization of clandestine immigration.
Topic:
Immigration, Border Control, Refugees, Violence, and Asylum
Political Geography:
Central America, Mexico, Honduras, Guatemala, and El Salvador

43. Private-Sector Humanitarians? New Approaches in the Global Refugee Response

Author:
Ammar A. Malik, Edward Mohr, and Yasemin Irvin-Erickson
Publication Date:
10-2018
Content Type:
Research Paper
Institution:
Urban Institute
Abstract:
With the global displaced population exceeding 68 million, the global humanitarian response system is under unprecedented stress. With widening funding gaps and no resolution in sight, new solutions are needed to address the needs of over 68 million displaced people worldwide. The private sector’s innovative and financial capacity is emerging as one such avenue, resulting in dozens of partnerships with local and international nonprofits. Depending on local policy environments, such working arrangements create both opportunities and risks for partners and hosts. This report is an attempt to learn lessons from existing experiences and offer insights on what works under given circumstances. Through desk research on existing partnerships, semistructured interviews with key stakeholders, site visits with partners in Jordan and Uganda, expert roundtables, and public discussions, we gather insights on both conceptual and practical aspects of partnerships benefiting refugees. We introduce a conceptual framework on the variety of options available to partners and offer recommendations for organizing win-win partnerships in the future.
Topic:
Science and Technology, Immigration, Refugees, International Development, Displacement, and Private Sector
Political Geography:
Uganda, Africa, Middle East, and Jordan

44. The Global Exchange (Fall 2018)

Author:
Adam Frost, David J. Bercuson, Andrea Charron, James Fergusson, Robert Hage, Robert Huebert, Petra Dolata, Hugh Segal, Heidi Tworek, Vanja Petricevic, Kyle Matthews, and Brian Kingston
Publication Date:
09-2018
Content Type:
Journal Article
Journal:
The Global Exchange
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The fundamental rules of conventional sovereignty are that states will refrain from intervening in the internal affairs of other states, are afforded the right to determine their own domestic authority structures and are freely able to decide what international agreements they choose to enter or not. In principle these concepts have been widely accepted, but are often violated in practice. While conventional sovereignty would appear favourable in theory, realistically, the domestic affairs and foreign policy decisions of states can and do have consequences for others. Poor governance in one state can produce regional instability, from uncontrolled migration across borders, uncontrolled arms trade and other illicit trafficking or the rise of militant nonstate actors. Economic, environmental and health policies of one state can affect the food, water, health and economic security of another. These transnational issues are increasingly complex because the world is more globalized than ever before. No state exists in a vacuum. Therefore, it is often within a state’s interest to influence the policy decisions of its neighbours. Pragmatism often trumps abstract theoretical ideals. The lead package of this issue examines the challenges of securing Canada’s sovereignty from modern threats. When discussing Canadian sovereignty the Arctic will invariably be mentioned, and indeed is the focus of fully half of this edition. David Bercuson, Andrea Charron and James Fergusson argue that the perceived threats to Canada’s sovereignty in the Arctic are overblown, resulting in alarmist rhetoric. Robert Hage, Rob Huebert and Petra Dolata, however, content that Canada must be vigilant if it does not wish to erode sovereign control of its Arctic territory. Going beyond the arctic circle, Hugh Segal and Heidi Tworek discuss the challenges of defending against hybrid threats and outline possible steps in response to such perils. From coordinating with our closest allies to no longer tolerate attacks against the integrity of our most valued institutions, to increasing transparency of activities and strengthen public trust in Canadian democracy via domestic measures. Finally, this package concludes on the issue of border control. Vanja Petricevic discusses the shortcomings of Canada’s current management of asylum seekers and how the concept of sovereignty is being adapted to address modern migration challenges. While Kyle Matthews asserts the importance of holding Canadian citizens responsible for their actions abroad because to do otherwise is not only dangerous, but an affront to Canadian ideals. Contemporary transnational challenges are complex and dynamic. The climate is changing, technology is enabling previously unimaginable feats, and global demographics and migration are creating new points of contention. If Canada is to navigate these issues, and defend its sovereignty, it must work closely with its international partners and ensure that it is capable and willing to stand on guard for thee.
Topic:
Defense Policy, NATO, Sovereignty, Immigration, Governance, Elections, Islamic State, Diversification, Trade, and Donald Trump
Political Geography:
China, Canada, North America, Arctic, and United States of America

45. Unregulated Population Migration and Other Future Drivers of Instability in the Pacific

Author:
Rita Parker
Publication Date:
07-2018
Content Type:
Commentary and Analysis
Institution:
Lowy Institute for International Policy
Abstract:
Potential drivers of unregulated population migration in the Pacific Islands require attention from regional governments including Australia. The challenges of unregulated population migration in the Pacific Islands region are the result of several push-pull factors and can lead to instability and insecurity in the region. Unregulated population migration in the Pacific Islands region has implications for more than one nation state and civil society and the balance of security and domestic stability can be disrupted. The challenge for policymakers is to recognise that drivers of unregulated population migration, including political or economic uncertainty, natural disasters, pandemics, climatic or environmental change, food or water scarcity, civil conflict, or organised crime, do not occur in isolation.
Topic:
Security, Government, Migration, Natural Disasters, Immigration, and Political stability
Political Geography:
Australia and Asia-Pacific

46. Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration

Author:
Kevin Appleby
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
Kevin Appleby, senior director of international migration policy at CMS and SIMN, highlights issues that have been controversial in negotiations on the Global Compact on Migration in his piece, “The Global Compact on Safe, Orderly, and Regular Migration: Will It Live Up to Its Name?” The author — who has been centrally involved in the process leading to the compact — offers recommendations to resolve issues related to regularization, border enforcement and return, the rights of irregular migrants, information firewalls, and the protection of migrants in vulnerable situations.
Topic:
Migration, Immigration, Border Control, and Regulation
Political Geography:
Global Focus

47. Proposed Public Charge Rule Would Significantly Reduce Legal Admissions and Adjustment to Lawful Permanent Resident Status of Working Class Persons

Author:
Donald Kerwin, Robert Warren, and Mike Nicholson
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
On October 10, 2018, the US Department of Homeland Security (DHS) issued its long-anticipated proposed rule on inadmissibility on public charge grounds.1 The rule seeks to “better ensure” that applicants for admission to the United States as immigrants (permanent residents) and nonimmigrants (temporary residents),2 as well as applicants for adjustment to lawful permanent resident (LPR) status within the United States, will be “self-sufficient” and “not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their family, sponsor, and private organizations.”3 Under the proposed rule, US Citizenship and Immigration Services (USCIS) officers would consider receipt of cash benefits and, in a break from the past, non-cash medical, housing, and food benefits in making public charge determinations. The proposed DHS rule details the factors — positive and negative — to be weighed in these decisions. Many commentators have sharply criticized the proposed rule, arguing that it would: • Deny admission and adjustment to large numbers of low-income persons who contribute substantially to the US economy, have US citizen and LPR family members, and present a very low risk of becoming financially dependent on the government. • Create a disincentive to the use of public benefits to meet the essential food, housing, and medical needs of US citizen, LPR, and other family members of persons who are directly affected by the rule. • Impede the legal immigration and integration of low-income, working-class immigrants and their families to the detriment of US communities and society. The authors share these concerns, but the study focuses more narrowly on the potential effect of the proposed rule on two populations, undocumented immigrants and nonimmigrants that would otherwise be eligible for LPR status based on a legally qualifying relationship to a US citizen or LPR living in their household. The Center for Migration Studies (CMS) report analyzes how these populations in 2016 would have fared under the proposed rule. 1 Inadmissibility on Public Charge Grounds, 83 Fed. Reg. 51114 (proposed October 10, 2018) (to be codified at 8 CFR Parts 103, 212, 213, 214, 245 and 248) [hereinafter “DHS Proposed Public Charge Rule”]. 2 Nonimmigrants are noncitizens admitted for a temporary period and a particular purpose, such as foreign students or temporary workers. 3 DHS Proposed Public Charge Rule § III A. 2 CMS Report November 2018 After placing the rule in historic context, the paper profiles these two populations and examines the characteristics that would mitigate in favor of and against their inadmissibility. The study offers a snapshot of these two groups based on estimates derived from the 2016 American Community Survey (ACS). It concludes that: • 2.25 million undocumented persons and 212,000 nonimmigrants would be directly affected by the proposed rule because they live with a US citizen or LPR family member who can petition for them. • These two groups live in households with an additional 5.32 million and 456,000 persons respectively, who would be indirectly impacted by the rule. • CMS’s estimates exclude several populations — such as the millions residing abroad who are waiting for a visa to become current (available) — that would be subject to the rule. Thus, the study substantially understates the number of persons who would be directly and indirectly affected by the rule. • A large percentage of the 2.25 million undocumented persons examined would be found inadmissible under the rule, although this population overwhelmingly consists of working- class persons. • As a result, the proposed rule should be viewed as a significant barrier to legal immigration and the integration of low-income immigrants and their US families. • Far lower rates of nonimmigrants — who earn more than the undocumented and have higher levels of education — would be found inadmissible under the rule. • The numbers and percentages of persons who would be found inadmissible under the rule cannot be predicted with precision due primarily to the discretion afforded USCIS officials in making inadmissibility determinations.
Topic:
Migration, Immigration, and Border Control
Political Geography:
United States and North America

48. Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Author:
Partisia Macias-Rojas
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (García Hernández 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track “criminal aliens” and authorized the former INS to deputize state and local police and sheriff’s departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of “crimmigration” (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law’s deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law’s widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA’s enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA’s criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the “new nativism” that peaked in the early nineties (Perea 1997; Jacobson 2008).Some studies have focused on interest group competition, particularly immigration restrictionists’ prohibitions on welfare benefits, while others have examined constructions of immigrants as a social threat (Chavez 2001; Nevins 2002, 2010; Newton 2008; Tichenor 2009; Bosworth and Kaufman 2011; Zatz and Rodriguez 2015). Surprisingly few studies have stepped outside the immigration policy arena to examine the role of crime politics and the policies of mass incarceration. Of these, scholars suggest that IIRIRA’s most punitive provisions stem from a “new penology” in the criminal justice system, characterized by discourses and practices designed to predict dangerousness and to manage risk (Feeley and Simon 1992; Miller 2003; Stumpf 2006; Welch 2012). Yet historical connections between the punitive turn in the criminal justice and immigration systems have yet to be disentangled and laid bare. Certainly, nativist fears about unauthorized migration, national security, and demographic change were important factors shaping IIRIRA’s criminal provisions, but this article argues that the crime politics advanced by the Republican Party (or the “Grand Old Party,” GOP) and the Democratic Party also played an undeniable and understudied role. The first part of the analysis examines policies of mass incarceration and the crime politics of the GOP under the Reagan administration. The second half focuses on the crime politics of the Democratic Party that recast undocumented migration as a crime and culminated in passage of IIRIRA under the Clinton administration. IIRIRA’s criminal provisions continue to shape debates on the relationship between immigration and crime, the crimes that should provide grounds for expulsion from the United States, and the use of detention in deportation proceedings for those with criminal convictions. This essay considers the ways in which the War on Crime — specifically the failed mass incarceration policies — reshaped the immigration debate. It sheds light on the under-studied role that crime politics of the GOP and the Democratic Party played in shaping IIRIRA — specifically its criminal provisions, which linked unauthorized migration with criminality, and fundamentally restructured immigration enforcement and infused it with the resources necessary to track, detain, and deport broad categories of immigrants, not just those with convictions.
Topic:
Immigration, Border Control, Domestic politics, and Deportation
Political Geography:
United States, Central America, and North America

49. Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation

Author:
Melina Juarez and Sonia Bettez
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper studies the dynamics of detention, deportation, and the criminalization of immigrants. We ground our analyses and discussion around the Illegal Immigration Reform and Immigrant Responsibility Act of 1996’s (IIRIRA’s) detention mandate, the role of special interest groups and federal policies. We argue that these special interest groups and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. Moreover, we aim to incite discussion on what this rapid growth in detention means for human rights, legislative representation and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? And does the rapid increase in detention pose challenges or risks to democracy in the United States? Our study is grounded within the limited, yet growing literature on immigrant detention, government data, and “gray” literature produced by nonprofits and organizations working on immigration-related issues. We construct a unique dataset using this literature and congressional reports to assess what factors are associated with the rise of immigrant detention. A series of correlations and a time series regression analysis reveal that major restrictive federal immigration policies such as IIRIRA, along with the increasing federal immigration enforcement budget, have had a significant impact on immigrant detention rates. Based on these findings, we recommend three central policy actions. First, the paper recommends increased transparency and accountability on behalf of the Department of Homeland Security, Immigration and Customs Enforcement, and on lobbying expenditures from for-profit detention corporations. Second, it argues for the repeal of mandatory detention laws. These mandatory laws have led to the further criminalization and marginalization of undocumented immigrants. And lastly, it argues that repeal of the Congressional bed mandate would allow for the number of detainees to mirror actual detention needs, rather than providing an incentive to detain. However, we anticipate that the demand for beds will increase even more given the current administration’s push for the criminalization and increased arrests of undocumented individuals. The rhetoric used by the present administration further criminalizes immigrants.
Topic:
Immigration, Border Control, Criminal Justice, and Mass Incarceration
Political Geography:
United States

50. Immigration Governance for the Twenty-First Century

Author:
Ruth Ellen Wassem
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The governance of immigration has a checkered past, and policy makers’ efforts at reform rarely meet expectations. Critiques have echoed over the years and across the political spectrum. The current system of immigration governance is scattered around the federal government, with no clear chain of command. No single government department or agency captures the breadth of the Immigration and Nationality Act’s reach. At the crux of understanding immigration governance is acknowledging that immigration is not a program to be administered; rather, it is a phenomenon to be managed. The abundance of commissions that have studied the issues and the various administrative structures over time offers some wisdom on ingredients for successful governance. Based upon this research, options for effective immigration governance emerge. This paper studies the administration of immigration law and policy with an eye trained on immigration governance for the future. It opens with a historical overview that provides the backdrop for the current state of affairs. It then breaks down the missions and functions of the Immigration and Nationality Act by the lead agencies tasked with these responsibilities. The paper concludes with an analysis of options for improving immigration governance. Each of these options poses unique challenges as well as political obstacles.
Topic:
Immigration, Governance, and Border Control
Political Geography:
United States