« Previous |
1 - 10 of 47
|
Next »
Number of results to display per page
Search Results
2. Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review
- Author:
- Sarah Pierce
- Publication Date:
- 01-2021
- Content Type:
- Special Report
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
- Topic:
- Immigration, Law, Border Control, and Asylum
- Political Geography:
- North America and United States of America
3. Reverse Migration to Mexico Led to US Undocumented Population Decline: 2010 to 2018
- 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, and Domestic Politics
- Political Geography:
- United States, Central America, North America, Mexico, Honduras, Guatemala, and El Salvador
4. 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
5. 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.
6. Immigration and U.S. National Security: The State of Play Since 9/11
- Author:
- Amy Pope
- Publication Date:
- 04-2020
- Content Type:
- Special Report
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- The wide-ranging reforms that followed the September 11, 2001, attacks on the United States significantly strengthened the national security capabilities of immigration agencies. The U.S. Department of Homeland Security (DHS) was created to bridge gaps between the intelligence community and immigration functions. Yet, the restructuring was not comprehensive, and threats to national security continue to evolve. In addition, while the tendency to frame immigration policy through a security lens predates the Trump administration, this now routine practice clouds the picture of who and what pose a threat. This report takes a critical look at the increasingly complex security threats U.S. immigration policy must manage—from public-health emergencies, such as the coronavirus (COVID-19) pandemic, to the activities of transnational criminal organizations. It assesses the tools available to respond to these threats, and the successes and challenges to date in innovating as risks evolve. To do so, it traces the evolution of the country’s immigration and border control system, with a focus on how institutions and processes have developed since 9/11. While the U.S. government has made important progress in shoring up weaknesses in its defenses at the nexus of immigration processes and national security, this analysis identifies a number of critical gaps that remain—from a need to more clearly define mission space, to effectively sharing information and transitioning to electronic-based systems. Under the Trump administration, resources and political will have also been steered away from core DHS national security missions, including disaster response, cyber security, and general policy and planning in favor of immigration enforcement measures focused on low-risk unauthorized migrants and asylum seekers. The challenge ahead, the author writes, is to “rebuild the department’s credibility at home and with foreign partners, while recalibrating resource allocations and strengthening its capacity to respond to and manage the most pressing national security threats.” This report is part of MPI’s multiyear Rethinking U.S. Immigration Policy initiative, which aims to generate a big-picture, evidence-driven vision for the role immigration can and should play in America’s future. To learn more about the initiative and read related research, check out the initiative's home page.
- Topic:
- International Cooperation, National Security, Immigration, Infrastructure, Governance, Border Control, Refugees, Resettlement, and Asylum
- Political Geography:
- North America and United States of America
7. Building a New Regional Migration System: Redefining U.S. Cooperation with Mexico and Central America
- Author:
- Andrew Selee and Ariel G. Ruiz Soto
- Publication Date:
- 11-2020
- Content Type:
- Special Report
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- Migration between the United States and neighboring countries to the south is an enduring if ever-shifting phenomenon. While the COVID-19 pandemic and measures put in place to stop the spread of the virus have severely limited mobility, longer-standing questions about how best to manage regional migration remain as important as ever. These include how to address the mixed movement of unauthorized economic migrants and those fleeing persecution, with many families and unaccompanied children among them, and how to facilitate the legal movement of workers to meet labor demand and make the most of the region’s human capital. The Trump administration has largely focused on enhancing border controls and sharply narrowing access to asylum at the border, with the aim of deterring migration and turning back those who arrive without authorization to enter. Yet this heavily enforcement-focused strategy is unlikely to be sustainable in the long run. This report puts forward another approach, one that reflect the many faces of migration through the region and that is rooted in closer cooperation with Mexico and Central American countries. Its key element are: expanding opportunities for legal movement by extending seasonal work visas to nationals of countries in Central America that have the greatest migration pressures; re-establishing asylum at the U.S.-Mexico border, but streamlining processes to ensure fair and timely decisions; professionalizing border enforcement in Mexico and the United States to make it both more effective and more humane; and investing in economic and institutional development in Central America to address the forces driving people to leave their homes. While a transition from one approach to another cannot happen overnight—and indeed careful sequencing of policy changes will be essential to avoid triggering a surge in migration throughout the region—it is essential if the United States and its partners are to move the needle towards safer, more orderly, and legal migration.
- Topic:
- Development, Migration, Regional Cooperation, Border Control, Refugees, and Economy
- Political Geography:
- Central America, North America, Mexico, and United States of America
8. One Year after the U.S.-Mexico Agreement: Reshaping Mexico’s Migration Policies
- Author:
- Ariel G. Ruiz Soto
- Publication Date:
- 06-2020
- Content Type:
- Policy Brief
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- On June 7, 2019, after months of heightened Central American migration through Mexico to the United States, the Mexican and U.S. governments signed an agreement to work together to manage the migration of Central American asylum seekers and other migrants. This ushered in an intense period of policy and institutional change that is reshaping Mexico’s immigration enforcement and humanitarian protection systems. After being threatened with steep tariffs on Mexican goods, Mexico agreed to step up enforcement efforts, accepted the expansion of the U.S. Migrant Protection Protocols (MPP, also known as Remain in Mexico) along the U.S.-Mexico border, and promised to increase collaboration with the United States to disrupt migrant-smuggling networks. In turn, the United States pledged to expedite the asylum cases of migrants waiting in Mexico under MPP and invest in economic development efforts in southern Mexico and Central America to address the drivers of migration. While the full impact of the deal will likely take years to unfold, this policy brief takes stock of what has changed in the first year since its signing. It charts trends in migrant apprehensions and returns by Mexican authorities, and the volume of asylum applications filed in Mexico. The brief also examines challenges that have intensified during this time, including the precarious conditions many migrants face while waiting in Mexican border communities for their U.S. asylum cases to be heard and the COVID-19 pandemic that hit in early 2020. Looking ahead, the brief highlights opportunities for further policy development.
- Topic:
- Treaties and Agreements, Immigration, Border Control, Refugees, Asylum, Deportation, and COVID-19
- Political Geography:
- Central America, North America, Mexico, and United States of America
9. Rethinking the U.S.-Mexico Border Immigration Enforcement System: A Policy Road Map
- Author:
- Doris Meissner
- Publication Date:
- 10-2020
- Content Type:
- Policy Brief
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- The immigration enforcement regime at the U.S.-Mexico border offers a vivid example of how existing policies, laws, and resource investments are markedly out of step with new migration realities and future needs. A border enforcement system designed to address the once-dominant flows of single adults from Mexico seeking to enter the United States illegally for work is ill prepared to deal with more complex mixed flows of families and unaccompanied children from Central America, some seeking humanitarian protection, others opportunity. Consistent with its world view of immigration as threat, the Trump administration has responded by shutting down any meaningful access to humanitarian protection and asylum, by invoking a public health authority to expel more than 205,000 arrivals during the COVID-19 pandemic, and by constructing hundreds of miles of border barriers. Yet these strategies cannot succeed over the long term, nor are they consistent with U.S. law and international agreements and principles on protection. In this road map, MPI Senior Fellow and former U.S. Immigration and Naturalization Service (INS) Commissioner Doris Meissner outlines some of the steps to a more effective approach, one that builds on border management as an enduring function. Rather than a sole focus on thwarting illegal arrivals, successful border management requires cross-agency and cross-governmental collaboration that marries effective border security with fair, humane enforcement. This report is part of MPI’s multiyear Rethinking U.S. Immigration Policy initiative, which is generating a big-picture, evidence-driven vision for the role immigration can and should play in America’s future. To learn more about the initiative and read related research, check out the initiative’s home page.
- Topic:
- Science and Technology, Immigration, Governance, Border Control, Asylum, and Deportation
- Political Geography:
- North America, Mexico, and United States of America
10. At the Starting Gate: The Incoming Biden Administration’s Immigration Plans
- Author:
- Doris Meissner and Michelle Mittelstadt
- Publication Date:
- 11-2020
- Content Type:
- Policy Brief
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- President-elect Joe Biden pledged during the campaign to reverse some of the most restrictive immigration actions undertaken during Donald Trump’s four years in office, including family separation and a travel ban on nationals from majority-Muslim countries. He also vowed to temporarily halt deportations, reinstate the Deferred Action for Childhood Arrivals (DACA) program, increase refugee admissions, and halt construction of the border wall. This policy brief outlines some of the incoming administration’s top immigration priorities and examines challenges and opportunities ahead. Drawing on existing and forthcoming policy ideas from MPI’s Rethinking U.S. Immigration Policy initiative, the brief sketches several proposals that could begin to shape a U.S. immigration system that advances the national interest going forward. The near-total shutdown of asylum at the U.S.-Mexico border, for example, does not represent a long-term strategy nor is it consistent with longstanding U.S. values. Effective long-term solutions to deal with mixed flows of economic and humanitarian migrants entail processes to provide fair, efficient processing of asylum cases, including by having the U.S. Citizenship and Immigration Services (USCIS) Asylum Division oversee the merits of border asylum cases to completion—an MPI recommendation the Biden campaign embraced. The brief, among other proposals, also recommends the creation of multiagency reception centers near the border for one-stop screening of arrivals and speedy turnover to the relevant agencies.
- Topic:
- Science and Technology, Infrastructure, Border Control, Employment, COVID-19, and Labor Market
- Political Geography:
- North America and United States of America