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Migrations Other Than to Legal Permanent Residence (Contemporary Border Enforcement Discussed Thursday). Political Science 126C / Chicano/Latino Studies 163 Lecture 6 January 27, 2007. Most Immigrants Are Temporary. Among Non-Visitors. The Numbers (2007).
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Migrations Other Than to Legal Permanent Residence(Contemporary Border Enforcement Discussed Thursday) Political Science 126C / Chicano/Latino Studies 163 Lecture 6 January 27, 2007
“Non-Immigrant Admissions” Not Our Focus • We should be attentive to whether changes in law or policy shape the numbers of these immigrants • When do they enter the debate? • Immigration and security concerns • Difficulties in obtaining visas leading to complaints from businesses, families, and universities • New security requirements on entry leading to complaints from other countries and efforts to reciprocate with visitors from the United States • A small share of “visitors” overstay their visas for an extended time each year • 200,000-250,000 out of 33.7 million (7/10 of 1%)
Themes for Today • Refugees/asylees • Unauthorized migrants
Some Definitions • Refugee: • Outside country or nationality of residence; • Have a “well-founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion;” and • Unable or unwilling to avail themselves of the protection of that country, or to return there, for fear of persecution • Asylee – status granted once in country of new residence • Guided by United Nations conventions and international treaties that leave a great deal of discretion to receiving countries • Administered by U.N. High Commissioner of Refugees (UNHCR)
Origins of Contemporary Refugee Policy • Global • Forced migration during and after World War II • Establishment of U.N. High Commissioner for Refugees (1950) • Increased global awareness of humanitarian disasters • United States • Response to Cold War foreign policy imperatives • Post-Cold War – unclear and intermittent implementation of refugee policies
U.S. Refugee/Asylee Admission Requirements • President sets annual ceiling on refugee admissions – 80,000 in 2009 • Eligibility • U.N. Standards, plus • “Special humanitarian concern” to U.S. • Be admissible under immigration law • Not be firmly settled in another country • Subject to a background check after case review • Applicants reviewed on a case by case basis
Highly Controversial Policy • Claims hard to adjudicate • Review requires applicants to prove eligibility, but nature of refugee status is that evidence is hard to come by • Review is by the same agency responsible for immigration enforcement, so mistrust of applicants high • For asylees, a higher burden – most are in an unauthorized status at time of application
Looking to the Future • With end of Cold War, U.S. lost its focus on refugee/asylum • In eras of controversies about immigration policy (of which refugee/asylum plays a small role), it is unlikely that a new focus will emerge • U.S. role as a global leader is undermined by failure to commit to support of UNHCR goals
Themes for Today • Refugees/asylees • Unauthorized migrants
Why “Unauthorized” Immigrants? • “Undocumented” misses the fact that many either entered with legal documents or have false documents • Several statuses are unclear (immigrants in the process of applying) – TPS, asylum, family beneficiaries
The 1965 Law and Unauthorized Migration • Labor demand • Sectors of U.S. economy dependent on immigrant labor • Sending countries/families dependent on migration opportunities • Erratic enforcement of immigration law • Family unification that can’t be met through immigration to permanent residence • Unrelated to 1965 Law • Weakening of sending country economies • Political unrest in sending countries
Roots of Two-Track Migration • Unregulated migration flows have always existed • No concept of “unauthorized migration” until some barred from migration – 1882 • First came to national awareness – 1920s • Policy response – first legalization program • When 1965 Act passed • Ongoing cyclical migration from Mexico and the Americas (legacy of Bracero Program) • Visa overstays by people eligible for short-term visas with weak/non-existent enforcement
Paths to Unauthorized Migration • Crossing borders without entry documents • Generally the focus of enforcement efforts • Overstaying temporary visas • Government does not track all exits, so not possible to determine how many have overstayed visas • Best estimate today that 45 percent of unauthorized immigrants initially entered on a visa
First Major Reform – IRCA (1986) • Response to fear of “12 million illegal immigrants” published in 1976 (not true in 1976) • Three part “reform” • Legalization • Employer sanctions • “Replacement” agricultural labor
Who are the Unauthorized? • No easy answer because data are hard to come by • Key dimensions for policymakers (and for immigration reform debates) • Numbers • Countries of origin • Length of residence in U.S. • Family composition • Occupational composition • Educational attainment • Income and poverty rates
Estimating Numbers • Most reasonable demographic estimates • 11.5-12 million • 1.6 million are under 18 (3.1 million U.S. citizen children live in homes headed by an unauthorized immigrant) • As many as 45 percent entered on some legal status and overstayed visa • Some anti-immigration spokespeople use figure 20 million (includes U.S. citizen children of unauthorized migrants)
Sources of Unauthorized Migrants Unauthorized immigrants resident in U.S., 2004 9% 24% 57%
Period of Arrival of Unauthorized Immigrants Unauthorized immigrants resident in U.S., 2004 14% 30% 21% 35%
Composition of Families Headed by Unauthorized Immigrants Unauthorized immigrants resident in U.S., 2004 22.3% 32.3% 11.5% 28.1%
Children of Unauthorized immigrants Unauthorized immigrants resident in U.S., 2004 13% 12% 20% 55%
Demography and Issues for Policy Makers • Deportation, attrition, legalization, or the status quo • Does high share of Mexican origin make a difference? • Does length of residence make a difference? • Should children be viewed differently? • Children who migrated with their parents • U.S. citizen children in unauthorized families • If there is some legalization, will the nation need to invest in the newly legalized to ensure their success?