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41. Post-Conflict Peace-Building in a Contested International Border: The Nigeria-Cameroon Border Conflict Settlement and Matters Arising

Author:
Kenneth Chukwuemeka Nwoko
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
The political solution under the Green Tree Agreement which led to the handover of the contested Bakassi Peninsula to Cameroon by Nigeria following the International Court of Justice (2002) ruling signaled the end of the protracted Nigeria/Cameroon border conflict, at least on the surface. However, some analysts believed that it marked the beginning of what may result into a future conflict (Agbakwuru 2012; The Guardian 2006). From the analysis of the verdict of the Court, it would appear that while the interests of the two states involved in the conflict appeared to have been taken into cognizance, the interest of the indigenes and inhabitants of Bakassi was not. Apart from alienating these local people from their ancestral homes, cultural sites and livelihood opportunities, activities such as fishing; interstate water transportation, trading etc, which were operated as early as the precolonial days by the local inhabitants, appear to have been disrupted, thus, endangering their means of livelihood and survival. The Anglo-German agreement of March 1913 which the ICJ ruling relied on for its verdict on the Nigeria-Cameroon border conflict represents the earliest milestone in the process of alienation of the inhabitants of the Bakassi Peninsula, the causus bellum; especially since the kings and chiefs of Old Calabar exercised sovereignty over the Bakassi3 , a title which was subsumed in that part of Nigeria as the sovereign state during the period of this conflict. While the ICJ ruling gave precedence to contemporary western constructions of the notions of boundaries and sovereignty to the detriment of the historical consolidation (Sama & Johnson-Ross 2005-2006, 111), “protectorate treaty made without jurisdiction should not have taken precedence over a community title rights and ownership existing from time immemorial” (Nigerian Information Service Centre 2002; The Guardian 2002, 1-2) In other words, Germany transferred to Cameroon what it did not derive from Britain, since the right to title ownership lay with the kings and chiefs of Old Calabar. The focus of this article is not to delve into the juridical issues relating to legal ownership of the territory since the ICJ ruling had put that to rest. Rather the objective is to analyse matters arising from the settlement that could jeopardise the “cold peace” between the two countries; issues relating to psychological, socio-economic and political fallouts which the method of settlement of the conflict and its application brought on the indigenes and inhabitants of the Bakassi Peninsula as well as proffer recommendations for lasting peace in this troubled region.
Topic:
Territorial Disputes, Border Control, Conflict, Peace, and Settlements
Political Geography:
Africa, Nigeria, and Cameroon

42. The Diversity of Citizenship of Palestinians and its Impact on their Mobility: Passport and Visa Issues

Author:
Maciej Cesarz
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This article explores the formal impact of various citizenships and travel docu- ments held by Palestinians on their freedom to engage in international travel. Based on a theoretical analysis of passports and the global visa regime, it claims that international recognition is not only pre-requisite of statehood but also affects the scope of mobility in cases of citizens of de facto states, including the Palestinian Authority. The research is fo- cused on the following themes: the status of the population holding a Palestinian Authority Passport in the West Bank and the Gaza Strip in comparison to Palestinians who are citizens of Israel and carry passports of this state, the exceptional situation of East Jerusalemites as well as the case of Palestinians with Jordanian passports. Visa availability and other formal barriers for international travel are also examined. The argumentation is supported by the analysis of visa restriction indexes referring to the Palestinian Authority and to Israel. The article concludes that the mobility of Palestinians varies to a large extent depending on trav- el documents held and the recognition of a citizenship and the passport that comes with it is strictly dependent of the recognition of state sovereignty. Although in some cases citizenship can be divorced from the international recognition, the scope of visa-free mobility related to passports is always impaired.
Topic:
Border Control, Citizenship, Mobility, and Travel
Political Geography:
Middle East, Israel, and Palestine

43. Redefining American Families: The Disparate Effects of IIRIRA’s Automatic Bars to Reentry and Sponsorship Requirements on Mixed-Citizenship Couples

Author:
Jane Lily López
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
With passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the goal of discouraging illegal immigration and the legal immigration of the poor triumphed over the longstanding goal of family unity in US immigration policy. This shift resulted in policy changes that prevent some mixed-citizenship families from accessing family reunification benefits for the immigrant relatives of US citizens. Two specific elements of IIRIRA — (1) the three- and 10-year bars to reentry, and (2) the minimum income thresholds for citizen sponsors of immigrants — have created a hierarchy of mixed-citizenship families, enabling some to access all the citizenship benefits of family preservation and reunification, while excluding other, similar families from those same benefits. This article details these two key policy changes imposed by IIRIRA and describes their impact on mixed-citizenship couples seeking family reunification benefits in the United States. Mixed-citizenship couples seeking family reunification benefits do not bear the negative impacts of these two policies evenly. Rather, these policies disproportionately limit specific subgroups of immigrants and citizens from accessing family reunification. Low-income, non-White (particularly Latino), and less-educated American families bear the overwhelming brunt of IIRIRA’s narrowing of family reunification benefits. As a result, these policy changes have altered the composition of American society and modified broader notions of American national identity and who truly “belongs.” Most of the disparate impact between mixed-citizenship couples created by the IIRIRA would be corrected by enacting minor policy changes to (1) allow the undocumented spouses of US citizens to adjust their legal status from within the United States, and (2) include the noncitizen spouse’s income earning potential toward satisfying minimum income requirements.
Topic:
Immigration, Border Control, Citizenship, and Domestic politics
Political Geography:
United States, Central America, and North America

44. Immigration Policy and Agriculture: Possible Directions for the Future

Author:
Philip Martin
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
Presidential candidate Trump in 2016 promised to prevent unauthorized migration and deport unauthorized foreigners in the United States, and President Trump issued executive orders after taking office in January 2017 that could lead to a 2,000-mile wall on the Mexico-US border and the removal of many of the 11 million unauthorized foreigners, including one million who work in US agriculture. This paper emphasizes that, especially agriculture in the western United States, has long relied on newcomers to fill seasonal farm jobs. The slowdown in Mexico-US migration since 2008-09 means that there are fewer flexible newcomers to supplement the current workforce, which is aging and settled. Farm employers are responding by offering bonuses to satisfy current workers, stretching them with productivity-increasing tools, substituting machines for workers, and supplementing current workforces with legal H-2A guest workers. Immigration policy will influence the choice between mechanization, guest workers, and imports. Several factors suggest that the United States may be poised to embark on another large-scale guest worker program for agriculture. If it does, farmers should begin to pay Social Security and Unemployment Insurance (UI) taxes on the wages of H-2A workers to foster mechanization and development in the workers’ communities of origin by dividing these payroll taxes equally between workers as they depart and commodity-specific boards. Worker departure bonuses could be matched by governments in migrant-sending areas to promote development, and commodity-specific boards could spend monies to reduce dependence on hand labor over time. The economic incentives provided by payroll taxes could help to usher in a new and better era of farm labor.
Topic:
Migration, Border Control, Refugees, and Domestic politics
Political Geography:
United States, Central America, and North America

45. You are Not Welcome Here Anymore: Restoring Support for Refugee Resettlement in the Age of Trump

Author:
Todd Scribner
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
After descending an escalator of his hotel at Central Park West on a June day in 2015, Donald Trump ascended a podium and proceeded to accuse Mexico of “sending people that have lots of problems, and they’re bringing those problems with us (sic). They’re bringing drugs. They’re bringing crime. They’re rapists” (Time 2015). It was a moment that marked the launch of his bid for president of the United States. From that point forward, Trump made immigration restriction one of the centerpieces of his campaign. Paired with an economically populist message, the nativist rhetoric shaped a narrative that helped launch him to the White House. His effectiveness partly lay in his ability to understand and exploit preexisting insecurities, partly in his outsider status, and partly in his willingness to tap into apparently widespread public sentiment that is uneasy with, if not overtly hostile to, migrants. This paper will try to make sense of the restrictionist logic that informs the Trump administration’s worldview, alongside some of the underlying cultural, philosophical, and political conditions that inspired support for Trump by millions of Americans. This paper contends that the Clash of Civilizations (CoC) paradigm is a useful lens to help understand the positions that President Trump has taken with respect to international affairs broadly, and specifically in his approach to migration policy. This paradigm, originally coined by the historian Bernard Lewis but popularized by the political theorist Samuel Huntington (Hirsh 2016), provides a conceptual framework for understanding international relations following the end of the Cold War. It is a framework that emphasizes the importance of culture, rather than political ideology, as the primary fault line along which future conflicts will occur. Whether Trump ever consciously embraced such a framework in the early days of his candidacy is doubtful. He has been candid about the fact that he has never spent much time reading and generally responds to problems on instinct and “common sense” rather than a conceptually defined worldview developed by academics and intellectuals (Fisher 2016). Nevertheless, during the presidential campaign, and continuing after his victory, Trump surrounded himself with high-level advisers, political appointees, and staff who, if they have nothing else in common, embrace something roughly akin to the Clash of Civilizations perspective (Ashford 2016).[1] The paper will focus primarily on Trump’s approach to refugee resettlement. One might think that refugees would elicit an almost knee-jerk sympathy given the tragic circumstances that drove their migration, but perceptions of refugees are often tied up with geopolitical considerations and domestic political realities. Following 9/11, the threat of Islamic-inspired terrorism emerged as a national security priority. With the onset of the Syrian Civil War and the significant refugee crisis that ensued in its wake, paired with some high-profile terrorist attacks in the United States and Europe, the “Islamic threat” became even more pronounced. The perception that Islamic-inspired terrorism is a real and imminent threat has contributed to a growing antagonism toward the resettlement of refugees, and particularly Muslims. When viewed through the lens of the CoC paradigm, victims of persecution can easily be transformed into potential threats. Insofar as Islam is understood as an external and even existential threat to the American way life, the admission of these migrants and refugees could be deemed a serious threat to national security. This paper will begin by examining some of Trump’s campaign promises and his efforts to implement them during the early days of his administration. Although the underlying rationale feeding into the contemporary reaction against refugee resettlement is unique in many respects, it is rooted in a much longer history that extends back to the World War II period. It was during this period that a more formal effort to admit refugees began, and it was over the next half century that the program developed. Understanding the historical backdrop, particularly insofar as its development was influenced by the Cold War context, will help to clarify some of the transitions that influenced the reception of refugees in the decades after the fall of the Soviet Union. Such an exploration also helps to explain how and why a CoC paradigm has become ascendant. The decline of the ideologically driven conflict between the United States and the Soviet Union has, according Huntington’s thesis, been superseded by culturally based conflicts that occur when competing civilizations come into contact. The conceptual framework that the CoC framework embodies meshes well with the cultural and economic dislocation felt by millions of Trump supporters who are concerned about the continued dissolution of a shared cultural and political heritage. It is important to keep in mind that the CoC paradigm, as a conceptual framework for understanding Donald Trump and his approach to refugee resettlement and migration more broadly, is at its core pre-political; it helps to define the cultural matrix that people use to make sense of the world. The policy prescriptions that follow from it are more effect than cause.
Topic:
Immigration, Border Control, and Refugees
Political Geography:
United States, Central America, and North America

46. National Interests and Common Ground in the US Immigration Debate: How to Legalize the US Immigration System and Permanently Reduce Its Undocumented Population

Author:
Donald Kerwin and Robert Warren
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The conventional wisdom holds that the only point of consensus in the fractious US immigration debate is that the system is broken. Yet, the US public has consistently expressed a desire for a legal and orderly immigration system that serves compelling national interests. This paper describes how to create such a system. It focuses on the cornerstone of immigration reform,[1] the legal immigration system,[2] and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population. The paper begins with an analysis of presidential signing statements on seminal immigration legislation over nearly a century. These statements reveal broad consensus on the interests and values that the United States seeks to advance through its immigration and refugee policies. They constitute additional common ground in the immigration debate. To serve these interests, immigration and refugee considerations must be “mainstreamed” into other policy processes. In addition, its policies will be more successful if they are seen to benefit or, at least, not to discriminate against migrant-sending states. Not surprisingly, the US immigration system does not reflect the vast, mostly unanticipated changes in the nation and the world since Congress last meaningfully reformed this system (27 years ago) and last overhauled the law (52 years ago). The paper does not detail the well-documented ways that US immigration laws fall short of serving the nation’s economic, family, humanitarian, and rule of law objectives. Nor does it propose specific changes in categories and levels of admission. Rather, it describes how a legal immigration system might be broadly structured to deliver on its promises. In particular, it makes the case that Congress should create a flexible system that serves compelling national interests, allows for real time adjustments in admission based on evidence and independent analysis, and vests the executive with appropriate discretion in administering the law. The paper also argues that the United States should anticipate and accommodate the needs of persons compelled to migrate by its military, trade, development, and other commitments. In addition, the US immigration system needs to be able to distinguish between undocumented immigrants, and refugees and asylum seekers, and to treat these two populations differently. The paper assumes that there will be continued bipartisan support for immigration enforcement. However, even with a strong enforcement apparatus in place and an adaptable, coherent, evidence-based legal immigration system that closely aligns with US interests, some (reduced) level of illegal migration will persist. The paper offers a sweeping, historical analysis of how this population emerged, why it has grown and contracted, and how estimates of its size have been politically exploited. Legalization is often viewed as the third rail of immigration reform. Yet, Congress has regularly legalized discrete undocumented populations, and the combination of a well-structured legalization program, strengthened legal immigration system, and strong enforcement policies can prevent the reemergence of a large-scale undocumented population. In contrast, the immense US enforcement apparatus will work at cross-purposes to US interests and values, absent broader reform. The paper ends with a series of recommendations to reform the legal immigration system, downsize the current undocumented population, and ensure its permanent reduction. It proposes that the United States “reissue” (or reuse) the visas of persons who emigrate, as a way to promote legal immigration reform without significantly increasing annual visa numbers.
Topic:
Immigration, Border Control, and Domestic politics
Political Geography:
United States, Central America, and North America

47. Another Story: What Public Opinion Data Tell Us About Refugee and Humanitarian Policy

Author:
Brad Blitz
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Abstract:
The global reaction to US President Donald Trump’s executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States”[1] of January 27, 2017, revealed great public sympathy for the fate of refugees and the principle of refugee protection. In the case of Europe, such sympathy has, however, been dismissed by politicians who have read concerns regarding security and integration as reason for introducing restrictive policies on asylum and humanitarian assistance. These policies are at odds with public sentiment. Drawing upon public opinion surveys conducted by Amnesty International, the European Social Survey (ESS), and Pew Global Attitudes Survey across the European Union and neighboring states, this article records a marked divide between public attitudes towards the treatment of refugees and asylum seekers and official policies regarding asylum and humanitarian assistance, and seeks to understand why this is the case. The article suggests that post-9/11 there has been a reconfiguration of refugee policy and a reconnecting of humanitarian and security interests which has enabled a discourse antithetical to the universal right to asylum. It offers five possible explanations for this trend: i) fears over cultural antagonism in host countries; ii) the conflation of refugees and immigrants, both those deemed economically advantageous as well as those labelled as “illegal”; iii) dominance of human capital thinking; iv) foreign policy justification; and v) the normalization of border controls. The main conclusion is that in a post-post-Cold War era characterized in part by the reconnecting of security and humanitarian policy, European governments have developed restrictive policies despite public sympathy. Support for the admission of refugees is not, however, unqualified, and most states and European populations prefer skilled populations that can be easily assimilated. In order to achieve greater protection and more open policies, this article recommends human rights actors work with the United Nations High Commissioner for Refugees (UNHCR) and its partners to challenge the above discourse through media campaigns and grassroots messaging. Further recommendations include:
Topic:
Security, Immigration, Border Control, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

48. Separated Families: Barriers to Family Reunification After Deportation

Author:
Deborah Boehm
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
This paper outlines the complexities — and unlikelihood — of keeping families together when facing, or in the aftermath of deportation. After discussing the context that limits or prevents reunification among immigrant families more generally, I outline several of the particular ways that families are divided when a member is deported. Drawing on case studies from longitudinal ethnographic research in Mexico and the United States, I describe: 1) the difficulties in successfully canceling deportation orders, 2) the particular limitations to family reunification for US citizen children when a parent is deported, and 3) the legal barriers to authorized return to the United States after deportation. I argue that without comprehensive immigration reform and concrete possibilities for relief, mixed-status and transnational families will continue to be divided. Existing laws do not adequately address family life and the diverse needs of individuals as members of families, creating a humanitarian crisis both within and beyond the borders of the United States. The paper concludes with recommendations for immigration policy reform and suggestions for restructuring administrative processes that directly impact those who have been deported and their family members.
Topic:
Immigration, Border Control, and Refugees
Political Geography:
United States, Central America, North America, and Mexico

49. US Immigration Policy and the Case for Family Unity

Author:
Zoya Gubernskaya and Joanna Dreby
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
As the Trump administration contemplates immigration reform, it is important to better understand what works and what does not in the current system. This paper reviews and critically evaluates the principle of family unity, a hallmark of US immigration policy over the past 50 years and the most important mechanism for immigration to the United States. Since 1965, the United States has been admitting a relatively high proportion of family-based migrants and allowing for the immigration of a broader range of family members. However, restrictive annual quotas have resulted in a long line of prospective immigrants waiting outside of the United States or within the United States, but without status. Further policy changes have led to an increasing number of undocumented migrants and mixed-status families in the United States. Several policies and practices contribute to prolonged periods of family separation by restricting travel and effectively locking in a large number of people either inside or outside of the United States. On top of that, increasingly aggressive enforcement practices undermine family unity of a large number of undocumented and mixed-status families. Deportations — and even a fear of deportation — cause severe psychological distress and often leave US-born children of undocumented parents without economic and social support. A recent comprehensive report concluded that immigration has overall positive impact on the US economy, suggesting that a predominantly family-based migration system carries net economic benefits. Immigrants rely on family networks for employment, housing, transportation, informal financial services, schooling, childcare, and old age care. In the US context where there is nearly no federal support for immigrants’ integration and limited welfare policies, family unity is critical for promoting immigrant integration, social and economic well-being, and intergenerational mobility. Given the benefits of family unity in the US immigrant context and the significant negative consequences of family separation, the United States would do well to make a number of changes to current policy and practice that reaffirm its commitment to family unity. Reducing wait times for family reunification with spouses and children of lawful permanent residents, allowing prospective family-based migrants to visit their relatives in the United States while their applications are being processed, and providing relief from deportation and a path to legalization to parents and spouses of US citizens should be prioritized. The cost to implement these measures would likely be minor compared to current and projected spending on immigration enforcement and it would be more than offset by the improved health and well-being of American families.
Topic:
Migration, Border Control, Refugees, Family, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

50. Weeping in the Playtime of Others: The Obama Administration’s Failed Reform of ICE Family Detention Practices

Author:
Dora Schriro
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The United States has long struggled with the practice of detaining immigrant families and over time, most reform efforts have flagged, if not failed. This paper examines the impact of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) through an exploration of the evolution of the family residential center (FRC) for families in immigration custody, established prior to the 9/11 terrorist attack by the Immigration and Naturalization Service (INS), and expanded by Immigration and Customs Enforcement (ICE) in its aftermath. The paper provides an inside look at how policymakers, at various points in the Obama administration, sought to roll back its most infirm practices and the fate of those efforts. It begins with a brief history of family detention in the United States, continues with a summary of the reforms undertaken both early and late in the Obama administration, and examines the significant challenges it faced and the less progressive positions it adopted during its first and second terms in office. The paper concludes with a discussion of reasons for the rapid reversal of its previous reforms and provides recommendations to achieve a civil, civil system of immigration enforcement for families and all others, which means nothing less than the transformation of the immigrant detention system from a criminal to a civil paradigm, consistent with the population and legal authorities.[1] The need for such an effort is all the more urgent in light of executive actions taken in the early days of the Trump administration and their initial outcomes. Among those thwarting admissions are orders to Customs and Border Protection (CBP) and US Citizenship and Immigration Services (USCIS) to seal the US borders, shun refugees fleeing from war-torn regions until “extreme vetting” measures are put into place, and reassess others who have already been issued visas. Additional orders issued to ICE expanded and expedited the removal of persons whose conduct could result in charges or convictions as well as those with criminal charges or convictions, resulting in a 38 percent increase in arrests by ICE agents within the first 100 days of the Trump administration (Dickerson 2017b; Duara 2017).
Topic:
Migration, Border Control, and Family
Political Geography:
United States, Central America, and North America