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1. Child Maltreatment & Child Migration: Abuse Disclosures by Central American and Mexican Unaccompanied Migrant Children

Author:
Susan Schmit
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
While gang violence, community violence, and domestic violence have been recognized as contributing factors to Central American migration, less is known about the intersection between child maltreatment and migration. This article uses secondary data from United Nations High Commissioner for Refugees interviews with unaccompanied minors from Central America and Mexico to examine child maltreatment. It provides information on the abused children, their abusers, and the questions that led to their disclosure of maltreatment. It finds that girls reported maltreatment at higher rates than boys; only girls in this sample reported sexual abuse and intimate partner violence; and boys experienced physical abuse more than any other form of maltreatment. Overall, girls experienced all forms of abuse at higher rates than boys. Fewer than half of this sample described maltreatment as an explicit reason for migration, even those who viewed it as a type of suffering, harm, or danger. In addition, some disclosures suggest that childhood transitions, such as in housing, schooling, or work status, warrant further inquiry as a potential consequence of or contributor to maltreatment. The article recommends that professionals engaged with migrant children in social services, legal services, or migration protection and status adjudications should inquire about maltreatment, recognizing that children may reveal abuse in complex and indirect ways. Protection risks within the home or family environment may provide the grounds for US legal immigration protections, such as Special Immigrant Juvenile Status (SIJS) or asylum. Practitioners working with unaccompanied migrant children should use varied approaches to inquire about home country maltreatment experiences. Maltreatment may be part of the context of child migration, whether or not it is explicitly mentioned by children as a reason for migration.
Topic:
Migration, Children, Humanitarian Crisis, and Child Mortality
Political Geography:
Central America and North America

2. 2020 American Community Survey: Use with Caution, An Analysis of the Undercount in the 2020 ACS Data Used to Derive Estimates of the Undocumented Population

Author:
Robert Warren
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper analyzes and provides estimates of the undercount of the foreign-born in the US Census Bureau’s 2020 American Community Survey (ACS). It confirms that a differential undercount occurred in the 2020 ACS. In particular, noncitizens that arrived from Central American countries after 1981 had undercount rates of 15–25 percent, but undercount of noncitizens that arrived from European countries in the same period was not detectable by the methods described in this paper. The Center for Migration Studies of New York (CMS) and others use ACS data to derive annual estimates of the US undocumented population. The Census Bureau recently reported that the total population count for the 2020 Census was consistent with the count for recent censuses, despite the Covid-19 pandemic and the Trump administration’s interference in the 2020 Census. Nonetheless, the accuracy of 2020 ACS data for the noncitizen population that arrived after 1981 remains a major concern given the fear generated by the Trump administration’s abusive rhetoric and anti-immigrant policies. The estimates set forth in this paper were derived by analyzing trends in annual ACS data for 2016–2020 compiled from the IPUMS website (Ruggles et al. 2021). Decennial census data cannot be used for this purpose because data on country of birth, citizenship, and year of immigration are not collected in the census. However, it is reasonable to believe that the 2020 census and the 2020 ACS experienced similar challenges because they were conducted under comparable conditions. The patterns of undercount of noncitizens described here for the 2020 ACS are likely mirrored in the 2020 census and will reduce federal funding and representation to affected cities and states for the next decade.
Topic:
Migration, Border Control, Survey, and Undocumented Population
Political Geography:
North America and United States of America

3. Migrating through the Corridor of Death: The Making of a Complex Humanitarian Crisis

Author:
Priscilla Solano and Douglas S. Massey
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Drawing on the concept of a “complex humanitarian crisis,” this paper describes how outflows of migrants from Central America were transformed into such a crisis by intransigent immigration and border policies enacted in both Mexico and the United States. We describe the origins of the migration in U.S. Cold War interventions that created many thousands of displaced people fleeing violence and economic degradation in the region, leading to a sustained process of undocumented migration to the United States. Owing to rising levels of gang violence and weather events associated with climate change, the number of people seeking to escape threats in Central America has multiplied and unauthorized migration through Mexico toward the United States has increased. However, the securitization of migration in both Mexico and the United States has blocked these migrants from exercising their right to petition for asylum, creating a growing backlog of migrants who are subject to human rights violations and predations both by criminals and government authorities, leading migrants to label Mexican routes northward as a “corridor of death.” We draw on data from annual reports of Mexico’s Red de Documentación de las Organizaciones Defensoras de Migrantes (Network for the Documentation of Migrant Defense Organizations) to construct a statistical profile of transit migrants and the threats they face as reported by humanitarian actors in Mexico. These reports allow us to better understand the practical realities of the “complex humanitarian crisis” facing undocumented migrants, both as unauthorized border crossers and as transit migrants moving between the southern frontiers of Mexico and the United States.
Topic:
Migration, Border Control, Humanitarian Crisis, and Migrants
Political Geography:
North America, Mexico, and United States of America

4. Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers

Author:
Kenneth Sebastian Leon, Ulla Dalum Berg, and Sarah McIntosh
Publication Date:
04-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”
Topic:
Migration, Pandemic, COVID-19, and Detention
Political Geography:
North America and United States of America

5. Migration Management and Changes in Mobility Patterns in the North and Central American Region

Author:
Lauren Faret, Maria Eugenia Anguiano Tellez, and Luz Helena Rodriguez-Tapia
Publication Date:
05-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Since the beginning of the twenty-first century, changes have occurred in the regional dynamics of international migration and in the ways governments manage human mobility. This article argues that the migratory system connecting the three northern countries of Central America (Guatemala, El Salvador, and Honduras) with Mexico and the United States has not been accompanied by regional management of migratory flows. Instead, a succession of government plans and projects reveals a perspective marked by the effects of the “externalization” of US borders, leading to more complex migration routes and increased vulnerability of migrants. The article discusses how externalized control policies influence migratory spaces, routes, and timelines, and leave many stranded in transit countries before they eventually arrive at their intended destinations. Reconsidering the process of mobility in light of migration management policies would appropriately enlarge the traditional economic, social, cultural, and environmental factors that affect migration strategies.
Topic:
Migration, Mobility, Local, and Freedom of Movement
Political Geography:
Central America and North America

6. When Internal Migration Fails: A Case Study of Central American Youth Who Relocate Internally Before Leaving Their Countries

Author:
Angel Alfonso Escamilla Garcia
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper examines the experiences of Central American youth who have attempted internal relocation before migrating internationally. Based on interviews and participant observation with Guatemalan, Honduran, and Salvadoran youth migrating through Mexico, this paper shows how youth from the Northern Countries of Central America turn to their domestic networks to escape labor exploitation and gang violence before undertaking international journeys. The paper further demonstrates how those domestic networks lead youth into contexts of poverty and violence similar to those they seek to escape, making their internal relocation a disappointment. The failure of their internal relocation attempts makes them turn to international migrant networks as their next option. This paper sheds light on the underexplored issue of internal migration among Central American youth and that migration’s synergy with Central American youths’ migration to the United States. The paper finds that internal relocation is unsuccessful when the internal destination fails to resolve the issues from which youth are attempting to escape. This failure ultimately triggers their departure from their home country.
Topic:
Migration, Immigrants, Youth, and Internal Displacement
Political Geography:
Central America and North America

7. Extraregional Migratory Flows in Transit as Complex Unbounded Emergency (Risk): Conceptual Challenges and Empirical Lessons in Costa Rica

Author:
Juan C. Mendez
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Recent migratory flows transiting through Central America have led to unprecedented institutional and humanitarian responses across the sub-region. Between 2015 and 2016, the small Central American countries and Costa Rica in particular experienced at least two major “migration waves,” triggered by thousands of “extraregional migrants” in transit from Cuba, Haiti, and many countries from Asia and Africa who became stranded for months in Central America. The article examines how these recent and unusual migratory flows led to novel state responses, including the use of disaster risk management principles and operational mechanisms. Based on empirical data from Costa Rica, the article explores how the concept and notion of complex unbounded emergency (risk) may be appropriate in understanding the practical implications of this new migratory reality in terms of disaster risk reduction and management. It aims to shed new insights on the complexities of extraregional migratory flows, which are likely to continue into the foreseeable future.
Topic:
Migration, Risk, Humanitarian Crisis, and Disaster Management
Political Geography:
Central America, North America, and Costa Rica

8. 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

9. Empathic Humanitarianism: Understanding the Motivations behind Humanitarian Work with Migrants at the US–Mexico Border

Author:
Ricardo Gomez, Bryce Clayton, and 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, and Xenophobia
Political Geography:
United States and North America

10. 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

11. A Study and Analysis of the Treatment of Mexican Unaccompanied Minors by Customs and Border Protection

Author:
Kiera Coulter, Samantha Sabo, Daniel E. Martinez, Katelyn Chisholm, Kelsey Gonzalez, Edrick Villalobos, Diego Garcia, Taylor Levy, and Jeremy Slack
Publication Date:
04-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.
Topic:
Human Rights, Migration, Border Control, Children, Youth, and Humanitarian Crisis
Political Geography:
North America and United States of America

12. Statelessness in the United States: A Study to Estimate and Profile the US Stateless Population

Author:
Donald Kerwin, Daniela Alulema, Michael Nicholson, and Robert Warren
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In October 2017, the Center for Migration Studies of New York (CMS) initiated a study to map the stateless population in the United States. This study sought to: Develop a methodology to estimate the US stateless population; Provide provisional estimates and profiles of persons who are potentially stateless or potentially at risk of statelessness in the United States; Create a research methodology that encouraged stateless persons to come forward and join a growing network of persons committed to educating the public on and pursuing solutions to this problem; and Establish an empirical basis for public and private stakeholders to develop services, programs, and policy interventions to prevent and reduce statelessness (UNHCR 2014g, 6), and to safeguard the rights of stateless persons (UNHCR 2014d). This report describes a unique methodology to produce estimates and set forth the characteristics of US residents who are potentially stateless or potentially at risk of statelessness. The methodology relies on American Community Survey (ACS) data from the US Census Bureau, supplemented by very limited administrative data on stateless refugees and asylum seekers. [1] As part of the study, CMS developed extensive, well-documented profiles of non–US citizen residents who are potentially stateless or potentially at risk of statelessness. It then used these profiles to query ACS data to develop provisional estimates and determine the characteristics of these populations. The report finds that the population in the United States that is potentially stateless or potentially at risk of statelessness is larger and more diverse than previously assumed, albeit with the caveat that severe data limitations make it impossible to provide precise estimates of this population. Stateless determinations require individual screening, which the study could not undertake. Individuals deemed potentially stateless or potentially at risk of statelessness in this report may in fact have been able to secure nationality in their home countries or in third countries. They may also be on a path to citizenship in the United States, although nobody in CMS’s estimates had yet to obtain US citizenship. According to CMS’s analysis, roughly 218,000 US residents are potentially stateless or potentially at risk of statelessness. These groups live in all 50 states,[2] with the largest populations in California (20,600), New York (18,500), Texas (15,200), Ohio (13,200), Minnesota (11,200), Illinois (8,600), Pennsylvania (8,200), Wisconsin (7,300), Georgia (6,600), and Virginia (6,500). The report recommends ways to improve data collection and, thus, develop better estimates in the future. It also lifts up the voices and challenges of stateless persons, and outlines steps to reduce statelessness and safeguard the rights of stateless persons in the United States. As it stands, the paucity of reliable federal data on the stateless, the lack of a designated path to legal status for them under US law, and the indifference of government agencies contribute to the vulnerability and isolation of these populations.
Topic:
Migration, Citizenship, Humanitarian Crisis, and Stateless Population
Political Geography:
North America and United States of America

13. More than a Wall: The Rise and Fall of US Asylum and Refugee Policy

Author:
Ruth Ellen Wasem
Publication Date:
08-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them. It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States. The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.
Topic:
Migration, Refugees, Humanitarian Intervention, Asylum, and Migrant Workers
Political Geography:
United States of America and North America

14. 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

15. US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year

Author:
Robert Warren
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article presents estimates of the US undocumented population for 2017 derived by the Center for Migration Studies of New York (CMS). It focuses on the steep decline in the undocumented population from Mexico since 2010. While the president has focused the nation’s attention on the border wall, half a million[1] US undocumented residents from Mexico left[2] the undocumented population in 2016 alone, more than three times the number that arrived that year, leading to an overall decrease of nearly 400,000 undocumented residents from Mexico from 2016 to 2017. From 2010 to 2017, the undocumented population from Mexico fell by a remarkable 1.3 million. For the past 10 years, the primary mode of entry for the undocumented population has been to overstay temporary visas. This article provides estimates of the number of noncitizens who overstayed temporary visas and those who entered without inspection (EWIs) in 2016 by the top five countries of origin. Summary of Findings The US undocumented population from Mexico fell by almost 400,000 in 2017. In 2017, for the first time, the population from Mexico constituted less than one half of the total undocumented population. Since 2010, the undocumented population from Mexico has declined by 1.3 million. In California, the undocumented population from Mexico has declined by 26 percent since 2010, falling from 2.0 to 1.5 million; it also dropped by 50 percent in Alabama, and by one third in Georgia, New York, and New Mexico. The undocumented population from Venezuela grew rapidly after 2013, increasing from 60,000 to 145,000 in just four years. Visa overstays have significantly exceeded illegal border crossings during each of the last seven years. Mexico was the leading country for overstays in 2017, with about twice as many as India or China. The estimates presented here were derived by CMS based on information collected in the Census Bureau’s annual American Community Survey (ACS). The procedures used to derive detailed estimates of the undocumented population are described in Warren (2014). CMS used its annual estimates of the undocumented population for 2010 to 2017 — by state of residence, country of origin, and year of entry — to compile the information described here. Additional methodological details appear as footnotes or as notes in the tables.
Topic:
Migration, Border Control, and Domestic Policy
Political Geography:
United States, Central America, and North America

16. Bodily Inertia and the Weaponization of the Sonoran Desert in US Boundary Enforcement: A GIS Modeling of Migration Routes through Arizona’s Altar Valley

Author:
Geoffrey Alan Boyce, Samuel Chambers, and Sarah Launius
Publication Date:
03-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Since 2000, 3,199 human remains of unauthorized migrants have been recovered from the Sonoran Desert of southern Arizona (Coalición de Derechos Humanos 2018). These recovered remains provide only one indicator of the scope of death and suffering affecting unauthorized migrants and their loved ones — something that also includes thousands of individuals whose whereabouts or remains are never encountered (and who therefore remain disappeared) (ibid.). Just as significantly, the number of human remains recovered in southern Arizona has remained consistently high despite a significant decline during the past decade in the number of apprehensions (a figure frequently used as a proxy for unauthorized migration) in the Border Patrol’s Tucson Sector. This condition has led scholars and commentators alike to observe an increase in the ratio of deaths to migration, even as unauthorized border crossing fluctuates (Martínez et al. 2014; Reineke and Martínez 2014; International Organization for Migration 2018). In 2012, the southern Arizona humanitarian organization No More Deaths began systematically tracking the use and vandalism of cached drinking water it supplies at 512 sites across an 800-square-mile area of southern Arizona’s Altar Valley, a high-traffic migration corridor bisected by the US–Mexico border (Ferguson, Price, and Parks 2010; Regan 2010; Boyce 2016; Chambers et al. 2019). On an almost daily basis, volunteers with No More Deaths travel this migration corridor to resupply caches of 5–20 gallons of clean drinking water, physically hauling this water by truck and by foot. Each cache site is tracked using a Global Positioning System (GPS) coordinate to make navigation of the remote desert borderlands and the location of dispersed and frequently hidden cache sites easier for new volunteers. In 2015, the authors began working with No More Deaths to digitize and conduct spatial and statistical analysis on the data entered into these desert aid logs, with the express aim of seeing what this archive can reveal about everyday activity related to boundary enforcement and migration, as well as the efficacy of the organization’s activities throughout time. In total, No More Deaths’ desert aid archive contains 4,847 unique entries from March 2012 to December 2015, logging the date when an individual cache site was visited, the number of new water gallons deposited during this visit, the number of water gallons encountered intact and unused from previous resupply visits, the conditions of any empty water bottles left behind (including telltale signs of human vandalism, as well as occasional animal damage), and any subjectively unusual conditions or noteworthy events that were observed at the site or during the visit. Combined, this archive provides remarkable and uncommon insight into subtle changes in migration routes and patterns within the Altar Valley desert corridor, as well as those quotidian forms of harassment and vandalism of water supplies that we believe are intended to amplify and maximize hardship for unauthorized border crossers. Indeed, scholars have long argued that the US Border Patrol’s enforcement strategy of “Prevention Through Deterrence” (PTD), first launched in 1994, is premised on instrumentalizing the difficult climate and terrain of the US–Mexico border by pushing migration routes away from traditional urban crossing areas and into increasingly rugged and remote desert areas (Andreas 2001; Cornelius 2001; Rubio-Goldsmith et al. 2006; Nevins 2008; Martínez et al. 2014; De León 2015; Slack et al. 2016). The Border Patrol’s own policy documents make this case. Observing that migrants “crossing through remote, uninhabited expanses of land and sea along the border can find themselves in mortal danger,” the Immigration and Naturalization Service (INS — at the time, the Border Patrol’s parent agency) argued that by channeling migration routes into “harsh terrain less suitable for crossing and more suitable for enforcement,” the Border Patrol would eventually obtain a “tactical advantage” over would-be border crossers (INS 1994, 7). Then–INS Commissioner Doris Meissner later reflected, “We did believe that geography would be an ally for us. It was our sense that the number of people crossing through the Arizona desert would go down to a trickle once people realized what [it’s] like” (quoted in Cornelius 2005). In this article, we conduct geospatial modeling and statistical analysis of No More Deaths’ desert aid archive. This involves measuring changes in the distribution of water use throughout time across the 62 cache sites consistently visited during all four calendar years included in the dataset, and then reading this measurement against a model of ruggedness that incorporates multiple variables including slope, vegetation, “jaggedness,” and ground temperature while controlling for Euclidian distance. Adjusting for seasonal variation and the overall volume of water use, we find a statistically meaningful increase in the cumulative ruggedness score of migration routes associated with cache sites during the four calendar years included in No More Deaths’ desert aid logs. These findings reveal a steady pressure toward more rugged and difficult crossing routes throughout time, an outcome that provides important context for the vandalism and harassment that target migrants and humanitarian aid workers alike (see No More Deaths and Coalición de Derechos Humanos 2018). In what follows, we first provide greater detail on the context of our study and of the authors’ collaboration with No More Deaths. Next, we discuss our research methodology, including the contours of the geographic information system (GIS) modeling through which we conduct our analysis. We then present our findings, and discuss and contextualize these, before turning to some of the limitations of our study and directions for future research. We conclude by considering some of the policy implications of our findings, as well as their implications for studies of mobility, border policing, and state violence, including in contexts when states are instrumentalizing environmental features and conditions for the purposes of boundary enforcement.
Topic:
Migration, Water, Border Control, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

17. 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

18. The Effects of Immigration Enforcement on Faith-Based Organizations: An Analysis of the FEER Survey

Author:
Donald Kerwin and Mike Nicholson
Publication Date:
06-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The effects of US immigration enforcement policies on immigrants, US families, and communities have been well-documented. However, less attention has been paid to their impact on faith-based organizations (FBOs). Faith communities provide a spiritual home, and extensive legal, resettlement, social service, health, and educational services for refugees and immigrants. This report presents the findings of the FEER (Federal Enforcement Effect Research) Survey, which explored the effects of US immigration enforcement policies on immigrant-serving Catholic institutions.[1] Many of these institutions arose in response to the needs of previous generations of immigrants and their children (Kerwin and George 2014, 14, 74-75). Most strongly identify with immigrants and have long served as crucial intermediaries between immigrant communities and the broader society (Campos 2014, 149-51).[2] Over its first two years, the Trump administration has consistently characterized immigrants as criminals, security risks, and an economic burden. Among its policy initiatives, the administration has supported major cuts in family-based immigration, attempted to terminate the Deferred Action for Childhood Arrivals (DACA) program, reduced refugee admissions to historic lows, instituted admission bars on Muslim-majority countries, attempted to strip Temporary Protection Status (TPS) from all but a fraction of its beneficiaries, erected major new barriers to asylum, and proposed new rules regarding the public charge grounds of inadmissibility that would make it more difficult for poor and working class persons to obtain permanent residence. US immigration enforcement policies have separated children from their parents, criminally prosecuted asylum-seekers, expanded detention, increased arrests of non-citizens without criminal records, and militarized the US-Mexico border. These policies have failed to stem the flow of migrants and asylum-seekers: instead these flows have increased dramatically in recent months. These policies have succeeded, however, in devastating children, instilling fear in immigrant communities, blocking access to the US asylum system, and undermining immigrant integration (Kerwin 2018).[3] The FEER survey points to a paradox. On one hand, US enforcement policies have increased the demand for services such as legal screening, representation, naturalization, assistance to unaccompanied minors, and support to the US families of detainees and deportees. Many Catholic institutions have expanded their services to accommodate the increased demand for their services. On the other hand, their work with immigrants has been impeded by federal immigration policies that effectively prevent immigrants from driving, attending gatherings, applying for benefits, and accessing services for fear that these activities might lead to their deportation or the deportation of a family member. Among other top-line findings, 59 percent of 133 FEER respondents reported that “fear of apprehension or deportation” negatively affected immigrants’ access to their services, and 57 percent of 127 respondents reported that immigrant enforcement very negatively or negatively affected the participation of immigrants in their programs and ministries.
Topic:
Migration, Religion, Border Control, Immigrants, and Catholic Church
Political Geography:
United States, Central America, and North America

19. 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

20. 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

21. Venezuelan Migration and the Border Health Crisis in Colombia and Brazil

Author:
Shannon Doocy, Kathleen Page, Fernando de la Hoz, Paul Spiegel, and Chris Beyer
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Venezuela’s economic crisis has triggered mass migration; more than 3.4 million Venezuelans have fled to other countries in the region and beyond. An assessment mission to Cúcuta, in the Colombian border state of North Santander, was undertaken from July 26 to August 1, 2018, and to Bôa Vista and Pacaraima, in the state of Roraima, Brazil, between August 24 and 28, 2018. Interviews were conducted with key informants, including health providers and organizations engaged in the humanitarian response. Secondary analysis of gray literature and data shared by key informants was also undertaken. Surveillance data demonstrate increases in infectious diseases, as well as adverse maternal and neonatal health outcomes, among Venezuelans in North Santander and Roraima. Summary of Findings for North Santander Reportable public health surveillance events among Venezuelans increased from 182 in 2015 to 865 in the first half of 2018. In 2018, the most common reported events included gender-based and intrafamiliar violence (17 percent), malaria (15 percent), and acute malnutrition in children <5 years (9 percent). There were 14 measles cases reported between January and June 2018 (compared to none in the previous years), the majority associated with migration from Venezuela. Thirty-six cases of maternal morbidity and two cases of maternal mortality among Venezuelans were observed in the first half of 2018 (compared to three cases of maternal morbidity and no maternal deaths in 2015). Low-birth-weight Venezuelan births rose from three in 2015 to 34 in 2017. Between January 2017 and June 2018, emergency medical attention was provided to 19,108 Venezuelans in government health facilities. Summary of Findings for Roraima In 2018, there were 355 cases of measles in Roraima (compared to none in previous years) — all cases had the genotype lineage originating in the 2017 Venezuelan measles outbreak. Children younger than one year old (812.1/100,000) had the highest measles incident rate in Roraima, followed by children 1–4 years old (245.7/100,000). Malaria cases among Venezuelans increased 3.5-fold from 2015 to 2018 (1,260 vs. 4,402 cases). As of August 2018, 171 HIV-infected Venezuelans were receiving HIV care at the Coronel Motta Clinic in Bôa Vista, Roraima. In 2018, 1,603 Venezuelan women gave birth at the Hospital Materno-Infantil in Bôa Vista, and by mid-2018, 10,040 Venezuelans had received outpatient care and 666 had been hospitalized at the Hospital General Roraima. In Colombia, primary healthcare is not available to Venezuelans, and provision of emergency care is perceived as unsustainable given current funding mechanisms. In Brazil, primary care is available to Venezuelans, but the healthcare system is under severe strain to meet the increased demand for care and is facing unprecedented shortages in medications and supplies. There is an urgent need to expand the humanitarian health response in Colombia and Brazil, both to ensure health among Venezuelans and to protect public health in border areas.
Topic:
Health, Migration, Financial Crisis, Border Control, and Humanitarian Crisis
Political Geography:
Brazil, South America, Central America, Venezuela, and North America

22. Predicting Unauthorized Salvadoran Migrants’ First Migration to the United States between 1965 and 2007

Author:
Karen Pren and Nadia Flores-Yeffal
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Although Salvadoran emigration to the United States is one of the most important migratory flows emanating from Latin America, there is insufficient information about the predictors of first unauthorized migration from El Salvador to the United States. In this study, we use data from the Latin American Migration Project–El Salvador (LAMP-ELS4) to perform an event history analysis to discern the factors that influenced the likelihood that a Salvadoran household head would take a first unauthorized trip to the United States between 1965 and 2007. We take into account a series of demographic, social capital, human capital, and physical capital characteristics of the Salvadoran household head; demographic and social context variables in the place of origin; as well as economic and border security factors at the place of destination. Our findings suggest that an increase in the Salvadoran civil violence index and a personal economic crisis increased the likelihood of first-time unauthorized migration. Salvadorans who were less likely to take a first unauthorized trip were business owners, those employed in skilled occupations, and persons with more years of experience in the labor force. Contextual variables in the United States, such as a high unemployment rate and an increase in the Border Patrol budget, deterred the decision to take a first unauthorized trip. Finally, social capital had no effect on the decision to migrate; this means that for unauthorized Salvadoran migrants, having contacts in the United States is not the main driver to start a migration journey to the United States. We suggest as policy recommendations that the United States should award Salvadorans more work-related visas or asylum protection. For those Salvadorans whose Temporary Protected Status (TPS) has ended, the United States should allow them to apply for permanent residency. The decision not to continue to extend TPS to Salvadorans will only increase the number of unauthorized immigrants in the United States. The United States needs to revise its current immigration policies, which make it a very difficult and/or extremely lengthy process for Salvadorans and other immigrants to regularize their current immigration status in the United States. Furthermore, because of our research findings, we recommend that the Salvadoran government — to discourage out-migration — invest in high-skilled job training and also offer training and credit opportunities to its population to encourage business ventures.
Topic:
Migration, Immigration, Violence, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, and El Salvador

23. US Immigration Policy and the Case for Family Unity

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

24. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

Author:
Leisy Abrego, Mat Coleman, and Daniel Martínez
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24).[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
Topic:
Migration, Refugees, and Criminal Justice
Political Geography:
United States, Central America, and North America