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  • Author: Miriam Engeler, Elena Braghieri, Samira Manzur
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: This paper provides a gender analysis of the 2018-2019 Sudanese Revolution, its goals and outcomes, and the strategies employed by protestors and state security forces. To do so, it sheds a light on how protesters drew on, emphasized, and mobilized along gendered identities. It pays particular attention to the part women played in mobilization efforts in the revolution and historic (dis)continuities of their role in mass mobilization. An analysis of protest spaces brings to light the way gender roles were practiced and negotiated within the movement. Examining the state’s response to the demonstrations, the paper highlights state forces’ gender-specific strategies to intimidate protesters and their practice of sexual violence. Lastly, the analysis turns to the first months of political transition. Women’s important roles in the revolution and their challenging of traditional gender roles have not yet translated into equal political representation in the transition, although some of their human rights demands have been met. The paper concludes by urging the Sudanese interim government to include the grievances and perspectives of women and marginalized groups in the negotiation of the country’s future both at the negotiation table and in the transitional legislative body.
  • Topic: International Relations, Gender Issues, Politics, Social Movement, Women, Identities, Revolution
  • Political Geography: Africa, Sudan
  • Author: Erin Engstran, Caitlin Flynn, Meg Harris
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Women make up more than 80 percent of North Korean migrants to South Korea. This paper provides a gendered analysis of their migration and offers recommendations to address the systematic oppression and abuse of North Korean migrant women and girls. Gendered human rights abuses and societal shifts in gender roles due to famine contributed to women leaving in record numbers. On the journey, often via China, women face human trafficking fueled by China’s skewed sex ratios, sexual violence, and the threat of extradition back to North Korea where defectors are imprisoned, tortured, or killed. Even those who successfully complete the journey suffer from post-traumatic stress disorder, discrimination, and difficulty adjusting into South Korean society. Interventions and policies must acknowledge the gendered dimension of migration to effectively address the harm North Korean women and girls experience.
  • Topic: International Relations, Gender Issues, Human Rights, Migration, Women, Refugees, Gender Based Violence , Human Trafficking
  • Political Geography: China, South Korea, North Korea, Asia-Pacific
  • Author: Emma Lamberton
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Ukrainian surrogacy companies now hold over a quarter of the global surrogacy market since a series of human rights violations caused India, Thailand, and Nepal to close their borders. Similar violations are occurring in Ukraine, including the abandonment and trafficking of children and the abuse of surrogates. The Ukrainian government is not taking action, despite concerns expressed by both lawmakers and surrogates that the industry engages in unethical practices. This paper proposes that the Hague Conference’s Experts’ Group on the Parentage/Surrogacy Project spearhead international ratification of a holistic series of policies focused on protecting women and children from exploitation.
  • Topic: International Relations, Children, Women, International Development, Human Trafficking
  • Political Geography: Europe, Central Asia, Eurasia, Ukraine
  • Author: Ryan Warsing
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Despite growing consensus that climate change is real, manmade, and pernicious, the U.S. Congress has failed to update old laws – to say nothing of passing new ones – that might mitigate the crisis. State governments have attempted to fill the void, with California setting de facto national policy using powers delegated under the 1970 Clean Air Act (CAA). The Trump administration’s 2019 bid to revoke these powers rejects the process of “iterative federalism” and leads one to believe Trump’s agenda is both vindictive in nature and impervious to broad support for environmental regulation. Yet this support (even in electorally pivotal states like Pennsylvania) proves a weak motivating factor next to the needs of vulnerable constituencies, notably autoworkers. Trump’s agenda is rationally set by his need to attract support in states like Michigan where votes are precious and regulatory exposure is high. Long a means for the federal government to enjoy environmental progress at a safe political distance, the “California carve-out” seems to have exhausted its utility with the Trump administration, which deems all environmental regulation anathema to growth and the happiness of its base. Trump’s rationale is best understood using Conditional Pandering Theory (CPT), which predicts that presidents with middling approval numbers are apt to be led by the public as Election Day draws near and policy outcomes can be delayed. In the case of emissions, policy outcomes are immaterial so long as targeted marginal voters deliver the president a second term.
  • Topic: Climate Change, Legislation, Pollution, Domestic Policy, Carbon Emissions
  • Political Geography: North America, United States of America
  • Author: Will Sims
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: This paper examines the accuracy of proxy means tests (PMTs) for identifying low-income households among migrant and refugee populations. Specifically, it develops a PMT model based on Colombia’s SISBEN system, and evaluates its ability to identify poverty among recent and established Venezuelan migrants and refugees. It finds that these groups have significantly higher rates of exclusion errors relative to native Colombians, which could prevent them from accessing valuable social services. These findings are robust to a number of specifications, and the issue is not resolved by simply including immigration status within the model. Additionally, occupational downgrading is identified as the most likely mechanism for this effect, as Venezuelan migrants and refugees in Colombia generally have lower returns to education when compared with native Colombians. These results should inspire caution when choosing to use PMTs for targeting, and it is recommended that all policymakers evaluate the accuracy of their PMTs for vulnerable subpopulations prior to implementation.
  • Topic: Migration, Immigration, Refugees, International Development, Economic Policy
  • Political Geography: Colombia, South America, Central America, Venezuela
  • Author: Jennifer Brown, Tara Flint, Jessca LaMay
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: The Global North’s growing demand for fresh pineapple has created a system that is disproportionately profitable for companies and consumers in those countries to the detriment of people living and working in the Global South. Since the mid-1980s the Pineapple Development Corporation (PINDECO), a subsidiary of U.S.-based Del Monte, has established a monopoly over fresh pineapple exports in southern Costa Rica. We conducted pilot research in the municipalities of Buenos Aires and San Isidro del General in 2019, where the majority of PINDECO’s production takes place. PINDECO and the Costa Rican state claim pineapple production is beneficial to national development through its contribution to Costa Rican gross domestic product and employment opportunities, but our research and recent data reveal that in pineapple producing areas in the southwest, poverty levels remain high with worsening water and food security despite PINDECO’s large profit margins. There are numerous human and environmental health concerns linked to pineapple monocropping. Intensive pesticide use often utilizes chemicals that are banned or restricted in the countries they are imported from. PINDECO has been able to evade responsibility for environmental damages and social welfare obligations to employees while maintaining a largely positive public image through a lax regulatory environment and extensive subcontracting structure. This article connects regional socioeconomic issues to the intricate power dynamics and collusion between industry and state. The findings suggest that Costa Rica is not as environmentally conscious and sustainable as its public image portrays, with pockets of profit-driven industries taking precedence over community well-being and environmental sustainability.
  • Topic: Agriculture, Economics, International Trade and Finance, International Development
  • Political Geography: South America, Central America, Costa Rica
  • Author: Eunsun Cho
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: As the unparalleled ability of big data to capture and process real-time information signals a revolution in public administration, countries around the world have begun to explore the application of the technology to government functions. At the forefront of these efforts is China, which is planning to launch the social credit system (SCS), a data-powered project to monitor, assess, and shape the behavior of all citizens and enterprises. This new frontier of digital surveillance raises questions about how the United States will incorporate data technology into its own politics and economy. This article argues that the U.S. needs a comprehensive nationwide data protection framework that places limits on surveillance by both private business and the government. Without drawing its own baseline for personal data protection, the United States risks missing the already narrowing opportunity to define its balance between democracy, security, and growth.
  • Topic: Security, Science and Technology, Democracy, Surveillance
  • Political Geography: China, Asia-Pacific, United States of America
  • Author: Lindsey Andersen
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Artificial intelligence (AI) will soon be at the center of the international development field. Amidst this transformation, there is insufficient consideration from the international development sector and the growing AI and ethics field of the unique ethical issues AI initiatives face in the development context. This paper argues that the multiple stakeholder layers in international development projects, as well as the role of third-party AI vendors, results in particular ethical concerns related to fairness and inclusion, transparency, explainability and accountability, data limitations, and privacy and security. It concludes with a series of principles that build on the information communication technology for development (ICT4D) community’s Principles for Digital Development to guide international development funders and implementers in the responsible, ethical implementation of AI initiatives.
  • Topic: Science and Technology, Ethics, International Development, Artificial Intelligence
  • Political Geography: Global Focus
  • Author: Sakari Ishetiar
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Russia’s abstention from UNSCR 1973, which allowed a no-fly zone in Libya and ultimately led to the collapse of the Qadhafi regime, has resounded across both Russian foreign policy and the security environment of the Near East. Competing theories claim the abstention was either a carefully-planned strategy or a tactical miscalculation, but the result—Russian rejection of regime decapitation and Western distaste for further intervention—is easily observed. In addition to tangible military and political benefits, the chaotic and unsustainable Libyan status quo bolsters Russia’s political capital by discrediting that of the West. Although Russia is unlikely to intervene kinetically in Libya, it can passively destabilize the country at almost no cost, stymying Western efforts to end the crisis. Only by recognizing and accommodating Russia’s interests in Libya can the West negotiate a lasting settlement for Libya and secure vital U.S. interests in the region.
  • Topic: Civil War, Sovereignty, Military Affairs, Military Intervention, Conflict, UN Security Council
  • Political Geography: Russia, Eurasia, Libya, North Africa
  • Author: Julieta Cuellar
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: The Eviction Lab’s recently released dataset of evictions in the United States provides rich opportunities for exploring the effect of state and local policies on eviction rates. Just cause eviction ordinances—local laws that outline what constitutes grounds for eviction—have gained traction as a policy solution for addressing the eviction crisis. This paper analyzes the relationship between just cause eviction ordinances and eviction rates and eviction filing rates in four California cities. A difference-in-differences matched case model suggests that there is a statistically significant, large, and negative difference between eviction rates and eviction filing rates before and after the passage of just cause eviction ordinances in the four treatment cities, as compared to the difference in these rates before and after the passage of just cause eviction ordinances in matched control cities. Cities that implemented just cause eviction laws experienced lower eviction, by 0.808 percentage points, and eviction filing rates, by 0.780 percentage points, than those that did not.
  • Topic: Law, Domestic Policy, Eviction
  • Political Geography: North America, United States of America
  • Author: Matej Jungwirth
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: This paper explores the high seas as a critical space for the formulation and development of international human rights law in two inter-related areas: anti-piracy campaigns and rescue of the so-called “boat people.” While the high seas have been instrumental in promoting inter-state cooperation and coordination, I argue that they have also laid bare the limits of states’ nominal commitments to rights protection. Using historical case studies of the Vietnam crisis, Haiti arrivals to the United States, and the current marine policies of Australia, I show that states too often willfully neglect their human rights obligations. In doing so, these states might succeed in protecting their short-term interests, but undermine the foundations of international human rights regimes in the long run.
  • Topic: Human Rights, Migration, Refugees, Maritime
  • Political Geography: Vietnam, Australia, Australia/Pacific, North America, Southeast Asia, United States of America
  • Author: Flavia Eichmann
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: This article explores what impact terrorist blacklists have on negotiated solutions to armed conflicts involving listed non-state armed groups. Even though conflicts that involve non-state armed groups do not usually end through these groups’ military defeat, governments around the globe tend to adopt hard-security approaches with regard to inner-state conflicts. Especially when groups resort to terrorist tactics, governments tend to be reluctant to engage peacefully with these actors and instead commonly rely on terrorist blacklists in order to delegitimize and restrict groups’ activities. While these blacklists are effective in criminalizing the operations of these groups, they can also severely impede peaceful dialogue and thus negatively impact the resolution of conflicts. Especially the work of NGOs and third-party peace practitioners is greatly constrained by criminalizing any form of interaction with listed groups. Additionally, in the absence of a universal definition of what constitutes a terrorist group, lists vary from country to country and the criteria for groups and individuals to get listed are often extremely vague. Furthermore, most lists fail to re-evaluate the proscribed groups on a regular basis and delisting procedures lack transparency. This article finds that blacklists severely disincentivize peaceful engagement with non-state armed groups and thus calls for a revision of contemporary proscription regimes in order to shift the focus of counterterrorism approaches towards viewing peaceful dialogue as a first option and not a last resort.
  • Topic: Conflict Resolution, Security, Terrorism, Non State Actors, Violent Extremism, Negotiation, Peace
  • Political Geography: Global Focus, United States of America
  • Author: Sagatom Saha, Theresa Lou
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Increasing military and economic cooperation between Russia and China has led some to believe that America's two primary adversaries are joining together in an anti-U.S. alliance. However, this emerging relationship amounts to little more than a convenient alignment rather than a steadfast alliance. This analysis delves into emerging Sino-Russian competition and cooperation in Central Asia and the Arctic to illustrate diverging strategic interests and also provides recommendations for U.S. policymakers to capitalize on divides between America's competitors.
  • Topic: Grand Strategy, Alliance, Belt and Road Initiative (BRI), Strategic Competition
  • Political Geography: Russia, China, Eurasia, Asia, North America, Arctic, United States of America
  • Author: Brody Viney
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: A fundamental aspect of economic inequality, highlighted by Thomas Piketty’s Capital in the Twenty-first Century, is the unequal distribution of capital ownership (wealth). This not only undermines the welfare of individuals with low wealth, but exacerbates the distributional consequences of a declining labor share of income. However, policy responses to wealth inequality remain underdeveloped. This paper considers how policies that increase the private savings of low- and middle-income individuals can complement more traditional taxation and redistribution approaches. As a case study, it explores the distributional effects of Australia’s superannuation system, a private retirement savings scheme that sets a compulsory minimum savings rate for all employees. Superannuation has contributed to a more equal distribution of wealth in Australia, particularly by offsetting declines in other kinds of wealth among those at the low end of the distribution. However, loopholes have also allowed high-income individuals to use the system to save in a low-tax environment. Further work is needed to investigate the effects of compulsory savings rates on those with very low incomes.
  • Topic: Labor Issues, Capitalism, Tax Systems, Economic Inequality
  • Political Geography: Australia, Asia-Pacific
  • Author: Ricardo Gomez, Bryce Clayton, Sara Vannini
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: The growing numbers of vulnerable migrants seeking shelter and refuge in the United States and Europe are finding increased racism and xenophobia as well as renewed efforts by humanitarian volunteers to offer them aid, sanctuary, and protection. This article sets forth a typology to better understand the motivations of volunteers working to help migrants in need of humanitarian assistance. Why do people go out of their way to offer humanitarian aid to someone they do not know and, in some cases, they will never meet? What are the drivers of altruistic behavior of humanitarian volunteers in the face of rising injustice, nationalism, and xenophobia? In answer to these questions, we offer a typology centered on empathic concern, differentiating secular/faith-based motivations, and deontological/moral-virtue motivations, with particular behaviors in each of the four resulting categories: the Missionary Type, the Good Samaritan Type, the Do Gooder Type, and the Activist Type. We also suggest four additional self-centered (non-altruistic, or not-other-centered) types (Militant, Crusader, Martyr, and Humanitarian Tourist). The nuances offered by this typology can help organizations working with migrants and refugees better understand and channel the enthusiasm of their volunteers and better meet the needs of the vulnerable populations they serve. This is especially important at a time when migration is being criminalized and when humanitarian aid is deemed unpatriotic, if not outright illegal. In the face of increased nationalistic and xenophobic messages surrounding migration, we need to articulate the altruistic humanitarian motivations of volunteers in the context of migration aid. Our typology may also be used to understand altruistic behaviors in other contexts such as disaster relief, community organization and activism, international adoptions, or organ donations to strangers, among others, in which altruistic empathic concern can be an important motivation driving people to act for the well-being of distant others.
  • Topic: Humanitarian Aid, Migration, Nationalism, Xenophobia
  • Political Geography: United States, North America
  • Author: Raymond Atuguba, Francis Xavier, Vitus Gbang
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Drawing on qualitative interviews that are complemented by the analysis of government policy documents, this study examines statelessness in Ghana. It addresses a range of policy, legal, institutional, administrative, and other politico-socioeconomic matters attendant to the concept. The study defines statelessness in its strict legal sense. It recognizes populations at risk of statelessness that may be restricted from benefiting from the protection and privileges of their host state. Persons identified by the study as stateless or at risk of statelessness include persons from traditionally nomadic migratory communities, former refugees, persons residing in border communities, members of Zongo communities, trafficked persons, and those affected by gaps in previous constitutions. The study also identifies the consequences of statelessness, including lack of access to healthcare, education, justice, and work. The study offers several recommendations to prevent and reduce statelessness in Ghana.
  • Topic: Migration, Immigration, Fragile States
  • Political Geography: Africa, Ghana
  • Author: Robert Warren
  • Publication Date: 02-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: This report presents estimates of the undocumented population residing in the United States in 2018, highlighting demographic changes since 2010. The Center for Migration Studies of New York (CMS) compiled these estimates based primarily on information collected in the US Census Bureau’s American Community Survey (ACS). The annual CMS estimates of undocumented residents for 2010 to 2018 include all the detailed characteristics collected in the ACS. [1] A summary of the CMS estimation procedures, as well as a discussion of the plausibility of the estimates, is provided in the Appendix. The total undocumented population in the United States continued to decline in 2018, primarily because large numbers of undocumented residents returned to Mexico. From 2010 to 2018, a total of 2.6 million Mexican nationals left the US undocumented population; [2] about 1.1 million, or 45 percent of them, returned to Mexico voluntarily. The decline in the US undocumented population from Mexico since 2010 contributed to declines in the undocumented population in many states. Major findings include the following: The total US undocumented population was 10.6 million in 2018, a decline of about 80,000 from 2017, and a drop of 1.2 million, or 10 percent, since 2010. Since 2010, about two-thirds of new arrivals have overstayed temporary visas and one-third entered illegally across the border. The undocumented population from Mexico fell from 6.6 million in 2010 to 5.1 million in 2018, a decline of 1.5 million, or 23 percent. Total arrivals in the US undocumented population from El Salvador, Guatemala, and Honduras — despite high numbers of Border Patrol apprehensions of these populations in recent years — remained at about the same level in 2018 as in the previous four years. [3] The total undocumented population in California was 2.3 million in 2018, a decline of about 600,000 compared to 2.9 million in 2010. The number from Mexico residing in the state dropped by 605,000 from 2010 to 2018. The undocumented population in New York State fell by 230,000, or 25 percent, from 2010 to 2018. Declines were largest for Jamaica (−51 percent), Trinidad and Tobago (−50 percent), Ecuador (−44 percent), and Mexico (−34 percent). The results shown here reinforce the view that improving social and economic conditions in sending countries would not only reduce pressure at the border but also likely cause a large decline in the undocumented population. Two countries had especially large population changes — in different directions — in the 2010 to 2018 period. The population from Poland dropped steadily, from 93,000 to 39,000, while the population from Venezuela increased from 65,000 to 172,000. Almost all the increase from Venezuela occurred after 2014.
  • Topic: Migration, Border Control, Domestic politics
  • Political Geography: United States, Central America, North America, Mexico, Honduras, Guatemala, El Salvador
  • Author: Maruja M. B. Asis, Alan Feranil
  • Publication Date: 03-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Having experienced substantial international migration since the 1970s, countries in East, South, and Southeast Asia have developed laws, institutions, policies, and programs to govern various aspects of international migration. Children, however, who comprise a significant share of the world’s international migrants, have not received as much policy attention as adults. Children are part of the region’s international migration experience (e.g., children left behind in the countries of origin when their parents migrate for work, children as migrants, and children as members of multicultural families). This article provides an overview of the challenges faced by children as migration actors, and the policy responses and programs that select countries in the region have developed to address children’s experiences and concerns. The Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees, which many Asian countries have endorsed, set forth objectives, commitments, and actions, informed by the principle of promoting the best interests of the child and child protection, which specifically address the needs of children. These include actions to promote universal birth registration, enhance access to education and health and social services regardless of migrant and legal status, and otherwise create inclusive and socially cohesive societies. Most countries in Asia have yet to meet these standards. Endorsing the two compacts was a first step. The good practices that have been implemented in a number of countries provide a template for how to translate these objectives into action and how to ensure that the full protection and best interests of migrant children, the left-behind children of migrant workers, and those who are part of multicultural families remain a priority.
  • Topic: Migration, Regional Cooperation, Health Care Policy, Children
  • Political Geography: South Asia, East Asia, Asia, Southeast Asia
  • Author: Bill Frelick
  • Publication Date: 02-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Temporary Protected Status (TPS) became part of the US protection regime in 1990 to expand protection beyond what had been available under the US Refugee Act of 1980, which had limited asylum to those who met the refugee definition from the United Nations’ 1951 Refugee Convention. The TPS statute authorized the attorney general to designate foreign countries for TPS based on armed conflict, environmental disasters, and other extraordinary and temporary conditions that prevent designated nationals from returning in safety. While providing blanket protection that very likely has saved lives, TPS has nonetheless proven to be a blunt instrument that has frustrated advocates on both sides of the larger immigration debate. This article evaluates the purpose and effectiveness of the TPS statute and identifies inadequacies in the TPS regime and related protection gaps in the US asylum system. It argues that TPS has not proven to be an effective mechanism for the United States to protect foreigners from generalized conditions of danger in their home countries. It calls for changing the US protection regime to make it more responsive to the risks many asylum seekers actually face by creating a broader “complementary protection” standard and a more effective procedure for assessing individual protection claims, while reserving “temporary protection” for rare situations of mass influx that overwhelm the government’s capacity to process individual asylum claims. The article looks at alternative models for complementary protection from other jurisdictions, and shows how the US asylum and TPS system (in contrast to most other jurisdictions) fails to provide a mechanism for protecting arriving asylum seekers who do not qualify as refugees but who nevertheless would be at real risk of serious harm based on cruel, inhuman, or degrading treatment or punishment or because of situations of violence or other exceptional circumstances, including natural or human-made disasters or other serious events that disturb public order, that would threaten their lives or personal security. The article proposes that the United States adopt an individualized complementary protection standard for arriving asylum seekers who are not able to meet the 1951 Refugee Convention standard but who would face a serious threat to life or physical integrity if returned because of a real risk of (1) cruel, inhuman, or degrading treatment or punishment; (2) violence; or (3) exceptional situations, for which there is no adequate domestic remedy.
  • Topic: Immigration, Border Control, Citizenship, Domestic Policy
  • Political Geography: United States, Central America, North America
  • Author: Michele Waslin
  • Publication Date: 03-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: This article examines presidential immigration policy making through executive orders (EOs) and proclamations. Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. His immigration-related EOs and proclamations, however, diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, Trump has issued 10 and nine, respectively. Overall, about 1 percent of all EOs and proclamations during this period have been immigration related, compared to 8 percent of Trump’s EOs and 2.4 percent of Trump’s proclamations. In a sharp departure from previous presidents, a greater share of his EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that: Congress should hold oversight hearings and should consider revoking or modifying EOs and proclamations that have been issued pursuant to the authority provided to the president by Congress, as opposed to those based on the executive’s constitutional authority. Advocacy organizations should continue to challenge the president’s executive actions, the insufficient process and consultation leading to them, their statutory or constitutional justification, and their impact. Congress should take an inventory of the immigration authorities it has delegated, both explicitly and implicitly, to the executive branch and determine when this authority can and should be limited. Congress should pass legislation to update and reform the US immigration system, and thus clarify its intentions regarding US immigration law, policy, and executive authority in this area.
  • Topic: Immigration, Border Control, Domestic politics, Federalism
  • Political Geography: United States, North America, Washington, D.C.