Since 1990, the United States has offered hundreds of thousands of non-citizens who are unable to return to their countries of origin because of war or a natural disaster a vital form of humanitarian protection: temporary protected status (TPS). While a grant of TPS does not place a non-citizen on a path to permanent residence, TPS recipients receive protection against deportation and temporary permission to live and work in the United States. Nearly 25 years after the statutory creation of TPS, however, the use of the program has been the subject of some debate, largely because of concerns over whether TPS grants are truly "temporary."
Temporary protection programs can provide haven to endangered persons while states and non-governmental organizations (NGOs) work to create durable solutions in sending, host and third countries. They have the potential to further the interests of forced migrants in protection, states in effective and coordinated migration management, and the international community in solidarity.
The 1948 Universal Declaration of Human Rights affirmed in Article 13 that "[e]veryone has the right to leave any country, including his own, and to return to his country." In response to the Soviet Union's and China's prohibitive controls over the travel of their citizens, Article 13 recognized the right of individual citizens to take trips to other countries willing to receive them, knowing that they may return home at the end of their foreign stays.
Jacqueline Hagan, Jean Luc Demonsant, and Sergio Chávez
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Most human capital and migration studies classify migrants with limited formal education as "unskilled," despite substantial skills developed through job and life experiences. Drawing on a binational multi-stage research project that involved interviews with 320 Mexican migrants and return migrants in North Carolina and Guanajuato, Mexico, we identify the lifelong human capital they acquired and transferred throughout their careers and discover that these include not only basic education and English, but also technical and social skills and competences acquired informally on and off the job throughout the course of one's life. We further find that the learning and transfer of skills is a lifelong, gendered process, reflecting the different social contexts and jobs in which men and women learn. In this paper we document several mobility pathways associated with the acquisition and transfer of skills across the migratory circuit, including reskilling, occupational mobility, job jumping, and entrepreneurship.
World War II caused the displacement of millions of people throughout Europe. In response, the United States initiated a public-private partnership that assisted in the resettlement of hundreds of thousands of the region's displaced persons. For nearly 40 years after the War, the US commitment to refugee resettlement played out in an ad hoc fashion as it responded to emerging crises in different ways. During this period the government's involvement with resettlement became gradually intertwined with that of non-governmental resettlement agencies, which came to play an increasingly vital role in the resettlement process. The budding relationship that began in the middle decades of the twentieth century set the foundation for an expansive and dynamic public-private partnership that continues to this day. The Refugee Act of 1980solidified the relationship between resettlement agencies and the federal government, established political asylum in US law, and created the refugee resettlement program and a series of assistance programs to help refugees transition to life in the United States. This legislation marked a decisive turning point in the field of refugee resettlement.
There has been no significant legislation related to the asylum process enacted in Congress in nearly a decade. In 1996, the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) became law, rolling back protections for asylum seekers by including a one-year deadline for filing asylum applications, subjecting asylum seekers to "expedited removal" procedures, and expanding the detention of asylum seekers. In 2005, Congress enacted the REAL ID Act, which created additional legal barriers to asylum, including new requirements for proving an asylum claim.
Center for International Security and Cooperation (CISAC), Stanford University
Abstract:
As a matter of principle, the international community has agreed to a treaty-based rights regime designed to make refugees autonomous drivers of their own survival and future. Under international law, refugee status and rights accrue based on facts, not formalities. The interests of receiving states are addressed by the treaty's emphasis on incremental acquisition of rights as attachment increases; by a contingent rights structure; by rules addressing legitimate security concerns and the duties of refugees; and by the limitation of obligations to the duration of risk in the refugee's country of origin. In reality, and despite the treaty-based regime's focus on ensuring refugee self-reliance by the granting to them of rights focused on self-reliance, most of the world's refugees live either in camps where they have little if any autonomy or, if outside camps, face the ongoing risk of summary detention or deportation. More than 80% of refugees live in the less developed world and spend an average of nearly 20 years in a first country of refuge without access to either resettlement or the ability safely to repatriate. This discrepancy between principle and the reality for most refugees might be explained by conflicts with other priorities of receiving states; limitations on UNHCR's ability as an institution effectively to ensure compliance with treaty-based rules; and the absence of convincing evidence of refugees' net economic contributions to host societies.
Topic:
Human Rights, Human Welfare, and Treaties and Agreements
Le duel qui oppose le président sortant Moncef Marzouki à l'ancien chef de gouvernement Béji Caïd Essebsi dans le cadre du second tour de la présidentielle, prévu le 21 décembre 2014, révèle les lignes de fracture de la société tunisienne que les élites politiques croyaient avoir résorbées grâce à leur sens du consensus et du compromis. La cartographie électorale des législatives et du premier tour montre une Tunisie divisée entre un Nord en grande partie pro-Essebsi et son parti Nida Tounes, et un Sud majoritairement pro-Marzouki et favorable au parti islamiste An-Nahda. Afin d'éviter que les craintes réciproques finissent par conduire à des violences, le vainqueur de ce premier scrutin présidentiel libre et concurrentiel devra d'abord reconnaitre les inquiétudes de l'électorat du vaincu. Pouvoir exécutif et législatif devront s'engager de concert à traiter la question du déséquilibre régional et prévenir les risques de blocage institutionnel ou de répression des oppositions.
Jonglei state's combustible mix of armed political opposition, violent ethnic militias and dysfunctional political system were part of the tinder that led to the eruption of the civil war in South Sudan in late December 2013. Despite eleven months of peace talks, mediated by the Intergovernmental Authority on Development (IGAD), the war threatens to reintensify in the coming weeks. The negotiations do not reflect the diversity of armed groups and interests in South Sudan and the region, most of which are nominally allied with either President Salva Kiir's government or former Vice President Riek Machar's Sudan Peoples' Liberation Movement/Army-In Opposition (SPLM/ A-IO). The constellation of regional and South Sudanese armed groups in Jonglei is emblematic of the regional, national and local challenges to peace and the pattern of a war that cannot be resolved by engaging only two of the nearly two-dozen armed groups in the country and ignoring those that have not yet engaged in the fight.
Topic:
Conflict Resolution, Political Violence, Governance, and Peacekeeping
For many who survived typhoon Haiyan's brutal winds and deadly storm surge, their struggles continue one year later . As recovery efforts progress , a critical opportunity exists to ensure that these communities have the chance not only to rebuild their lives but to strengthen their resilience – to future disasters as well as to poverty.