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Begin New Search Topic Immigration Political Geography North America Content Type Journal Article Publication Year within 5 Years

1. Cuban-American Relations Through The Lens of a Cuban American

Author:
Merari Hall Fortun
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
Ileft Cuba as a young two-year-old child on 9 April 1968 with my parents, an older brother, and sister. My parents were also expecting another child, my younger brother, who was later born in the United States. My parents’ oldest son was of military age and at university and was not granted the exit visa with the rest of the family. He would eventually join us as an adult, ten years later with his own family. We settled in Union City, New Jersey, after a few months at my father's uncle's home in New York. As I recall, the residents of Union City (or at least in my close community) at the time were mostly Cubans; a good number of Italians; a few Puerto Ricans, Dominicans, Germans; and people who practiced conservative Judaism. In our home we only spoke Spanish, but I remember the feeling of not understanding all of the children when I played outside, as they would speak English, the language I was yet to speak or understand. I was pretty much always surrounded by Cubans, the Cuban culture, and an all-Spanish community. Not a day went by in our home when Cuba was not mentioned. My mother had left all of her six brothers behind, and my father, his only sister. Both had left behind numerous nephews and nieces, friends, neighbors, and a whole life's worth of relationships. The main reason for the daily mention, however, was that their eldest son remained there and this separation was too much to bear and very painful for them. All they wanted was to have the family unit together again.
Topic:
Foreign Policy, Diplomacy, Immigration, Peace, and Regionalism
Political Geography:
Cuba, Caribbean, North America, and United States of America

2. In 2019, the US Undocumented Population Continued a Decade-Long Decline and the Foreign-Born Population Neared Zero Growth

Author:
Robert Warren
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This report presents new estimates of the undocumented population residing in the United States in July 2019, by country of origin and state of residence. The Center for Migration Studies (CMS) derived the estimates by analyzing data collected in the annual American Community Survey (ACS) conducted by the US Census Bureau (Ruggles et al. 2020). The methodology used to estimate the undocumented population is described in the Appendix. The report highlights an aspect of population change — the number leaving the population — that is often overlooked in discussions of immigration trends. The report shows that the annual numbers leaving the population, especially through return migration to Mexico, have been the primary determinant of population change in the undocumented population in the past decade. Increasing numbers leaving the population have also led to near-zero growth of the total foreign-born population, which grew by just 20,000 from July 2018 to June 2019, the slowest growth in that population in more than a half-century.
Topic:
Migration, Immigration, Borders, and Undocumented Population
Political Geography:
North America and United States of America

3. Mexico: Highest U.S. Priority in the Western Hemisphere

Author:
Earl Anthony Wayne
Publication Date:
11-2021
Content Type:
Journal Article
Journal:
The Ambassadors Review
Institution:
Council of American Ambassadors
Abstract:
The most important bilateral relationship in Latin America for the United States is that with Mexico. Mexico is one of America’s top two trade partners and largest export markets. Economic ties support millions of jobs on both sides of the border. Mexico is an indispensable partner in improving management of migration across the southern border. Cooperation with Mexico is essential to getting a better handle on the deadly flows of drugs into the U.S. from Mexico, as well as getting better control over the billions of dollars of drug sale profits and illicit arms headed to criminal groups in Mexico. Mexico-U.S. is the quintessential example of an “inter-mestic” relationship: many of the key issues are simultaneously international and domestic for both countries. The historic, family and cultural links between these two neighbors add to the complexity and politically sensitive challenges for both governments in their efforts to guide the relationship well. For Mexico and the United States, no other international relationship has more day-to-day impact on the daily lives of their citizens. Both U.S. President Joseph Biden and Mexico’s President Andres Manuel Lopez Obrador (AMLO) have much to lose if the bilateral relationship goes off the rails. Yet they have some significant differences in policy priorities and in their capacities to deliver effective cooperation. Biden came to office with a deep understanding of Mexico and the region, having worked on these issues as Vice President in the Barack Obama Administration. Lopez Obrador realizes the importance of economic ties with the U.S. for his country’s well-being but has long been hesitant to be too close to Mexico’s big northern neighbor on other issues, such as public security and ownership of energy resources and networks. The Biden Administration is trying to build trust for broader cooperation through high-level visits to forge new cooperation mechanisms, generous vaccine donations, and with patience where priorities differ. The two governments are working toward a presidential meeting, building cooperation and establishing working dialogues on migration, commerce, security, pandemic recovery and the environment.
Topic:
Security, Economics, Regional Cooperation, Bilateral Relations, and Immigration
Political Geography:
North America, Mexico, and United States of America

4. A Virus Without Papers: Understanding COVID-19 and the Impact on Immigrant Communities

Author:
Elizabeth Kiester and Jennifer Vasquez-Merino
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The COVID-19 pandemic has exposed the inequalities facing vulnerable populations: those living in economically precarious situations and lacking adequate health care. In addition, frontline workers deemed essential to meet our basic needs have faced enormous personal risk to keep earning their paychecks and the economy running. Immigrant communities face an intersection of all three vulnerabilities (e.g., economic precarity, health care barriers, essential workforce), making them one of the most vulnerable populations in the United States. We conducted 26 interviews via Zoom with immigrant service providers in Pennsylvania and New York, including lawyers, case workers, religious leaders, advocates, doctors, and educators in order to gain a better understanding of the impact of COVID-19 on immigrant communities. These interviews affirmed that immigrants are concentrated in essential industries, which increases their exposure to the virus. In addition, they lack access to social safety nets when trying to access health care or facing job/income loss. Last, COVID-19 did not adequately slow the detention and deportation machine in the United States, which led to increased transmission of the virus among not only detainees but also others in the detention system, surrounding communities, and the countries to which people were deported, countries that often lacked an adequate infrastructure for dealing with the pandemic. Based on our interviews, we have a series of specific policy recommendations to diminish the vulnerability of immigrants and create social safety nets that will include them and protect them when the market fails to do so. Immigrants of all types have made indispensable contributions to the US economy during the pandemic and before it. First, Congress and states should pass legislation to provide COVID-19 relief payments to all essential workers, regardless of their status, as compensation for putting their lives on the line to keep the economy running. Second, as a public health imperative, federal and state governments should expand coverage of Medicaid and Children’s Health Insurance Programs (CHIP) to include immigrant essential workers and their children, regardless of their status. Third, DHS should not refer essential workers to removal proceedings, and immigration courts should terminate all removal proceedings for essential workers without criminal records. When it comes to issues of health care affordability and access, Congress must continue to revise the Affordable Healthcare Act to expand coverage for those who do not qualify for Medicaid but earn too little to afford insurance on their own. Finally, there must be a review and rigorous enforcement of workplace health and safety standards, particularly when it comes to farming, meatpacking, food production, and food service industries. Our final recommendations are specific to DHS and two of the primary agencies they oversee: Immigration and Customs Enforcement (ICE) and the Border Patrol. First, there needs to be a review of ICE policies and practices, leading to a shift in policy that keeps mixed-status families intact and minor children out of detention centers and that streamlines and expands the asylum process. Second, both Congress and the administration must create additional paths to legal status where none now exist, including for recipients of Deferred Action for Childhood Arrivals (DACA) and for children who have arrived since June 2007.
Topic:
Immigration, Borders, Pandemic, and COVID-19
Political Geography:
North America and United States of America

5. What’s Wrong with Temporary Protected Status and How to Fix It: Exploring a Complementary Protection Regime

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, and Domestic Policy
Political Geography:
United States, Central America, and North America

6. The Use of Executive Orders and Proclamations to Create Immigration Policy: Trump in Historical Perspective

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, and Federalism
Political Geography:
United States, North America, Washington, and D.C.

7. Immigration and State Institutions: Does Region of Origin Matter?

Author:
Meg Tuszynski and Dean Stansel
Publication Date:
10-2020
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
Some immigration opponents claim that immigrants import bad institutions and policies from their country of origin into their new home country. We argue just the opposite—namely, that immigrants are more likely to self‐​select into countries with better institutions than those in their home countries. Researchers have examined this issue in both a cross‐​country and within‐​country context. Their findings have been mixed. Although others have found small or nonexistent impacts of immigrants on state institutions, those papers assume that all immigrants are the same. Our approach is unique in that it divides immigrant populations in a variety of ways. We build on the previous literature that examines the relationship between immigration and institutions at the state level, where there are smaller inherent differences in economic institutions (compared to differences across countries). We do so by incorporating the regional diversity of immigrant populations, examining whether immigrants’ countries of origin matter for economic outcomes in their new home country. Controlling for the diversity of immigrant populations in a way that previous researchers have not done improves our ability to assess immigration opponents’ claims that immigrants from economically worse‐​off countries hurt U.S. economic institutions. We find virtually no evidence of an economically and statistically significant relationship between the levels of immigration we have experienced in recent decades and a decline in economic institutions in the United States, regardless of the region or economic conditions of recent immigrants’ home countries. The limited statistically significant evidence we do find is mixed and small in magnitude. Thus, one of the key rationales used to call for immigration restrictions is not supported by our findings.
Topic:
Immigration, Institutions, and Macroeconomics
Political Geography:
North America, Global Focus, and United States of America

8. The Household Financial Losses Triggered by an Immigration Arrest, and How State and Local Government Can Most Effectively Protect Their Constituents

Author:
Geoffrey Alan Boyce and Sarah Lanius
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Through a survey of 125 long-term resident households in Pima County, Arizona, this study finds that an immigration arrest costs each household an average of more than $24,000. These costs accumulate through the value of assets seized and not recovered, out-of-pocket costs for hiring an attorney, immigration bond, and other expenses involved in supporting an immediate family member as they navigate the immigration court system. But they also include lost income due to disruptions to employment resulting from the arrest, and a physical inability to work while in detention, appearing in court, and immediately following deportation. In this article, we discuss how, when measured at the scale of the household, these financial costs fail to discriminate according to immigration or citizenship status, and accumulate to affect issues of poverty, education, housing security, health and development, and generational wealth inequality — all matters of sustained interest to state and local government. In the second half of the article, we draw on our research findings to evaluate various policies that states, counties, and municipalities can implement to mitigate these financial burdens while promoting the overall well-being of their constituents.
Topic:
Migration, Immigration, Governance, Local, and Police
Political Geography:
North America and United States of America

9. Fixing What’s Most Broken in the US Immigration System: A Profile of the Family Members of US Citizens and Lawful Permanent Residents Mired in Multiyear Backlogs

Author:
Donald Kerwin and Robert Warren
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The US Department of State (DOS) reports that as of November 2018, nearly 3.7 million persons had been found by US Citizenship and Immigration Services (USCIS) to have a close family relationship to a US citizen or lawful permanent resident (LPR) that qualified them for a visa, but were on “the waiting list in the various numerically-limited immigrant categories” (DOS 2018). These backlogs in family-based “preference” (numerically capped) categories represent one of the most egregious examples of the dysfunction of the US immigration system. They consign family members of US citizens and LPRs that potentially qualify for a visa and that avail themselves of US legal procedures to years of insecurity, frustration, and (often) separation from their families. Often criticized in the public sphere for jumping the visa queue, it would be more accurate to say that this population, in large part, comprises the queue. While they wait for their visa priority date to become current, those without immigration status are subject to removal. In addition, most cannot adjust to LPR status in the United States, but must leave the country for consular processing and, when they do, face three- or 10-year bars on readmission, depending on the duration of their unlawful presence in the United States. This population will also be negatively affected by the Department of Homeland Security’s (DHS) proposed rule to expand the public charge ground of inadmissibility (Kerwin, Warren, and Nicholson 2018). In addition, persons languishing in backlogs enjoy few prospects in the short term for executive or legislative relief, given political gridlock over immigration reform and the Trump administration’s support for reduced family-based immigration. In this paper, the Center for Migration Studies (CMS) offers estimates and a profile based on 2017 American Community Survey (ACS) data of a strongly correlated population to the 3.7 million persons in family-based visa backlogs: i.e., the 1.55 million US residents potentially eligible for a visa in a family-based preference category based on a qualifying relationship to a household member. CMS data represents only part of the population in family-based backlogs. In particular, it captures only a small percentage of the 4th preference, brothers and sisters of US citizens.[1] However, everybody in CMS’s data could be petitioned for, if they have not been already. Among this population’s ties and contributions to the United States, the paper finds that: Fifty-nine percent has lived in the United States for 10 years or more, including 23 percent for at least 20 years. Nearly one million US-born children under age 21 live in these households, as well as 111,600 US-born adults (aged 21 and over) who have undocumented parents. 449,500 arrived in the United States at age 15 or younger. 139,100 qualify for the DREAM Act based their age at entry, continuous residence, and graduation from high school or receipt of a GED. Seventy-two percent aged 16 and older are in the labor force, and more than two-thirds (68 percent) are employed; these rates exceed those of the overall US population. Two-thirds of those aged 18 or older have at least a high school diploma or its equivalent, including 25 percent with a bachelor’s degree or higher, and 295,100 aged three and older are enrolled in school. The median income of their households is $63,000, slightly above the US median. More than two-thirds (68 percent) have health insurance, including 51 percent with private health insurance. Nearly one-third (32 percent) live in mortgaged homes, and 12 percent in homes owned free and clear. The paper provides several recommendations to reduce family-based backlogs. In particular, it proposes that Congress pass and the President sign into law legislation to legalize intending family-based immigrants who have been mired in backlogs for two years or more. In addition, this legislation should define the spouses and minor unmarried children of LPRs as immediate relatives (not subject to numerical limits), not count the derivative family members of the principal beneficiary against per country and annual quotas, and raise per country caps. The administration should also re-use the visas of legal immigrants who emigrate each year, particularly those who formally abandon LPR status. This practice would reduce backlogs without increasing visa numbers. Congress should also pass legislation to advance the entry date for eligibility for “registry,” an existing feature of US immigration law designed to legalize long-term residents. In particular, the legislation should move forward the registry cutoff date on an automatic basis to provide a pathway to status for noncitizens who have lived continuously in the United States for at least 15 years, have good moral character, and are not inadmissible on security and other grounds. In fact, Congress advanced the registry date on a regular basis during most of the 20th century, but has not updated this date, which now stands at January 1, 1972, for 33 years.
Topic:
Migration, Immigration, Border Control, and Domestic Politics
Political Geography:
United States, Central America, and North America

10. Do Immigrants Threaten US Public Safety?

Author:
Pia Orrenius and Madeline Zavodny
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Opponents of immigration often claim that immigrants, particularly those who are unauthorized, are more likely than US natives to commit crimes and that they pose a threat to public safety. There is little evidence to support these claims. In fact, research overwhelmingly indicates that immigrants are less likely than similar US natives to commit violent and property crimes, and that areas with more immigrants have similar or lower rates of violent and property crimes than areas with fewer immigrants. There are relatively few studies specifically of criminal behavior among unauthorized immigrants, but the limited research suggests that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants. Evidence about legalization programs is consistent with these findings, indicating that a legalization program reduces crime rates. Meanwhile, increased border enforcement, which reduces unauthorized immigrant inflows, has mixed effects on crime rates. A legalization program or other similar initiatives not currently under serious consideration have more potential to improve public safety and security than several other policies that have recently been proposed or implemented.
Topic:
Crime, Migration, Immigration, and Border Control
Political Geography:
United States and North America

11. Paradoxes of Protection: Compassionate Repression at the Mexico–Guatemala Border

Author:
Rebecca Galemba, Katie Dingeman, Kaelyn DeVries, and Yvette Servin
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Anti-immigrant rhetoric and constricting avenues for asylum in the United States, amid continuing high rates of poverty, environmental crisis, and violence in Guatemala, Honduras, and El Salvador, have led many migrants from these countries to remain in Mexico. Yet despite opportunities for humanitarian relief in Mexico, since the early 2000s the Mexican government, under growing pressure from the United States, has pursued enforcement-first initiatives to stem northward migration from Central America. In July 2014, Mexico introduced the Southern Border Program (SBP) with support from the United States. The SBP dramatically expanded Mexico’s immigration enforcement efforts, especially in its southern border states, leading to rising deportations. Far from reducing migration or migrant smuggling, these policies have trapped migrants for longer in Mexico, made them increasingly susceptible to crimes by a wide range of state and nonstate actors, and exacerbated risk along the entire migrant trail. In recognition of rising crimes against migrants and heeding calls from civil society to protect migrant rights, Mexico’s 2011 revision to its Migration Law expanded legal avenues for granting humanitarian protection to migrants who are victims of crimes in Mexico, including the provision of a one-year humanitarian visa so that migrants can collaborate with the prosecutor’s office in the investigation of crimes committed against them. The new humanitarian visa laws were a significant achievement and represent a victory by civil society keen on protecting migrants as they travel through Mexico. The wider atmosphere of impunity, however, alongside the Mexican government’s prioritization of detaining and deporting migrants, facilitates abuses, obscures transparent accounting of crimes, and limits access to justice. In practice, the laws are not achieving their intended outcomes. They also fail to recognize how Mexico’s securitized migration policies subject migrants to risk throughout their journeys, including at border checkpoints between Guatemala and Honduras, along critical transit corridors in Guatemala, and on the Guatemalan side of Mexico’s southern border. In this article, we examine a novel set of data from migrant shelters — 16 qualitative interviews with migrants and nine with staff and advocates in the Mexico–Guatemala border region, as well as 118 complaints of abuses committed along migrants’ journeys — informally filed by migrants at a shelter on the Guatemalan side of the border, and an additional eight complaints filed at a shelter on the Mexican side of the border. We document and analyze the nature, location, and perpetrators of these alleged abuses, using a framework of “compassionate repression” (Fassin 2012) to examine the obstacles that migrants encounter in denouncing abuses and seeking protection. We contend that while humanitarian visas can provide necessary protection for abuses committed in Mexico, they are limited by their temporary nature, by being nested within a migration system that prioritizes migrant removal, and because they recognize only crimes that occur in Mexico. The paradox between humanitarian concerns and repressive migration governance in a context of high impunity shapes institutional and practical obstacles to reporting crimes, receiving visas, and accessing justice. In this context, a variety of actors recognize that they can exploit and profit from migrants’ lack of mobility, legal vulnerability, and uncertain access to protection, leading to a commodification of access to humanitarian protection along the route.
Topic:
Migration, Immigration, Border Control, Violence, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, Honduras, Guatemala, and El Salvador

12. An Overview and Critique of US Immigration and Asylum Policies in the Trump Era

Author:
Paul Wickham Schmidt
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article provides an overview and critique of US immigration and asylum policies from the perspective of the author’s 46 years as a public servant. The article offers a taxonomy of the US immigration system by positing different categories of membership: full members of the “club” (US citizens), associate members (lawful permanent residents, refugees, and “asylees”), friends (nonimmigrants and holders of temporary status), and persons outside the club (the undocumented). It describes the legal framework that applies to these distinct populations and recent developments in federal law and policy that relate to them. It also identifies a series of cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and constitutional rights that extend to noncitizens. It ends with a series of recommendations for reform of the US asylum system, and a short conclusion.
Topic:
Immigration, Border Control, Domestic Politics, and Asylum
Political Geography:
United States and North America

13. Universal Representation: Systemic Benefits and the Path Ahead

Author:
Lindsay Nash
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
At a time when politics, financial considerations, and a push for expediency put pressure on the US immigration system, it can be difficult to have faith in the adjudicatory process. Case resolution quotas, directives that constrain courts’ ability to render justice in individual cases, and executive decisions that contract immigration judges’ discretion contribute to an immigration system that looks less and less like judicial adjudication of some of the highest-stakes cases in our legal system and more like a ministerial claims-processing scheme. A ray of hope exists, however, in the proliferation of public defender–style systems that offer universal representation to those facing deportation. This essay describes the genesis and expansion of the universal representation movement — a project based on the idea that indigent individuals should be entitled to counsel regardless of the apparent merits or political palatability of their case. It describes the benefits of such a program to the immigration adjudication system writ large. Beyond the oft-cited increase in success rates for individuals represented and the benefits to the communities in which such programs are located, universal representation promotes the integrity of the court system and strengthens an adjudicatory procedure that, for too long, has functioned primarily to expeditiously churn through cases. Finally, looking forward, it considers some of the challenges this movement faces as it grows and it identifies areas for further expansion.
Topic:
Immigration, Border Control, and Legal Theory
Political Geography:
United States and North America

14. Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship

Author:
Donald Kerwin and Robert Warren
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article examines the ability of immigrants to integrate and to become full Americans. Naturalization has long been recognized as a fundamental step in that process and one that contributes to the nation’s strength, cohesion, and well-being. To illustrate the continued salience of citizenship, the article compares selected characteristics of native-born citizens, naturalized citizens, legal noncitizens (most of them lawful permanent residents [LPRs]), and undocumented residents. It finds that the integration, success, and contributions of immigrants increase as they advance toward naturalization, and that naturalized citizens match or exceed the native-born by metrics such as a college education, self-employment, average personal income, and homeownership. It finds that: Naturalized citizens enjoy the same or higher levels of education, employment, work in skilled occupations, personal income, and percentage above the poverty level compared to the native-born population. At least 5.2 million current US citizens — 4.5 million children and 730,000 adults — who are living with at least one undocumented parent obtained US citizenship by birth; eliminating birthright citizenship would create a permanent underclass of US-born denizens in the future. Requiring medical insurance would negatively affect immigrants seeking admission and undocumented residents who ultimately qualify for a visa. About 51 percent of US undocumented residents older than age 18 lack health insurance. In 2017, about 1.2 million undocumented residents lived with 1.1 million eligible-to-naturalize relatives. If all the members of the latter group naturalized, they could petition for or expedite the adjustment or immigration (as LPRs) of their undocumented family members, including 890,000 “immediate relatives.” Their naturalization could put 11 percent of the US undocumented population on a path to permanent residency. The article also explores a contradiction: that the administration’s “America first” ideology obscures a set of policies that impede the naturalization process, devalue US citizenship, and prioritize denaturalization. The article documents many of the ways that the Trump administration has sought to revoke legal status, block access to permanent residence and naturalization, and deny the rights, entitlements, and benefits of citizenship to certain groups, particularly US citizen children with undocumented parents. It also offers estimates and profiles of the persons affected by these measures, and it rebuts myths that have buttressed the administration’s policies. For example, the Trump administration and restrictionist legislators have criticized the US immigration system’s emphasis on family reunification for its supposed failure to produce skilled workers. Yet the article finds that: The current immigration system, which prioritizes the admission of the nuclear family members of US citizens and LPRs, yields a legal foreign-born population that has occupational skills equal to those of the native-born population. The legal foreign-born population living in 24 US states and Washington, DC, and those from 94 source countries have higher percentages of skilled workers than the overall population of native-born workers.
Topic:
Immigration, Citizenship, and Domestic Policy
Political Geography:
United States and North America

15. DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

Author:
Daniela Alulema
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This article provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. It finds the following: As of September 30, 2019, there were 652,880 active DACA recipients. Sixty-six percent of recipients are between the ages of 21 and 30. The top five countries of birth for DACA recipients are Mexico (80 percent), El Salvador (4 percent), Guatemala (3 percent), Honduras (2 percent), and Peru (1 percent). DACA recipients reside in all 50 states and Washington, DC, and in US territories including Puerto Rico, Guam, and the Virgin Islands. The top five states with the highest number of DACA recipients are California (29 percent), Texas (17 percent), Illinois (5 percent), New York (4 percent), and Florida (4 percent). Eighty-one percent of DACA recipients has lived in the United States for more than 15 years. Six percent is married to US citizens, 4 percent to lawful permanent residents (LPRs), and 13 percent to undocumented immigrants. Among US-born children younger than 18 years, 346,455 have at least one DACA parent. Fifty-five percent of DACA recipients graduated from high school, 36 percent has some college education, and 7 percent a bachelor’s degree or higher. Ninety-five percent is employed. The Trump administration rescinded the DACA program in September 2017, leaving recipients and their families in a legal limbo. Federal litigation led to a nationwide preliminary injunction and DACA’s partial reinstatement for existing recipients. At this writing, the case is before the US Supreme Court, which will determine the program’s fate. Beyond its statistical portrait, the article provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also provides recommendations for Congress, local and state governments, and immigration advocates. In particular, it recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.
Topic:
Immigration, Border Control, and DACA
Political Geography:
United States and North America

16. Flawed Plan to Keep Out Welfare‐​Using Immigrants

Author:
David Bier
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
The Trump administration has proposed a new regulation that would greatly expand an old rule banning legal residence to immigrants deemed “likely to become a public charge”—that is, someone who the government has the responsibility to care for (USCIS 2018). The rule does not, nor could it, change eligibility for welfare programs for noncitizens in the United States. Instead, it requires applicants to prove that they are not likely, in the future, to become so dependent on welfare that they become a “public charge.” Therefore, the question regarding this regulation is not whether it is appropriate for noncitizens to become dependent on welfare, but whether the government will accurately predict their likelihood of doing so.
Topic:
Immigration, Welfare, and Donald Trump
Political Geography:
North America and United States of America