Approaches to the study of Immigration

1. Approaches to the study of Immigration

2. Migration is defined as the movement of people and their temporary or permanent geographical relocation. • Immigration is a multi-causal phenomenon, the product of many different forces operating at different levels. • For a world history of immigration, see David Held et al (2000) Global Transformations, ‘People on the Move’

3. (Macro) Theory of neoclassical economics • Geographical differences in labor and wages plus a micro-economic model of decision-making motivate international migration (Massey et al 2002:9). For example, the U.S. has higher levels of income and consumption than Mexicans, so any rational Mexican individual would assume a positive net return to migrate and therefore make the cost-benefit calculation to cross the border. • This theory focuses on macro-structures of supply and demand and then assumes migrants are always acting in self-interest rather than part of a household. • This theory fails to explain international migration in the absence of wage differentials and circular migration practices.

4. New Economics of Labor Migration model • Claims that people act collectively to maximize opportunity and return for the family, household, or community (Stark and Bloom 1985:11). • Households engage in migration to manage risk (e.g. without stable insurance and futures markets) “by diversifying their allocation of productive resources, one of which is labor” (12). In this way, households “manage risk through diversification”—placing members in different economies. Despite examining smaller units of analysis, this model is still largely economically focused.

5. World Systems Theory • Wallerstein strikes again • Relates migration processes to macrolevel social and economic structures, such as the expansion of capitalist markets from the core into the peripheries (13). As the quest for profits yields greater technology and mechanization, the demand for labor sinks and results in a “mobile labor force” (13). These global economic forces also create social and cultural links between nations that encourage migration.

6. Segmented Labor Market theory • Similar to World Systems Theory • Declares that migration stems from the “permanent demand for unskilled labor that is built into the economic structure of developed nations”—not by push but rather by pull factors (15). This demand for “cheap, flexible labor” is sustained by native-born residents resisting lower tier jobs that do not correlate to increases in social status (social constraints on motivation) and the demands of capitalism to minimize the “variable portion of demand to be met by the addition and subtraction of labor” (duality of labor and capital) (16). • While this historical-structuralist approach recognizes the macro-economic forces and neo-colonial implications on migration, it can overlook the role of the state (such as the strength of public policies). Zolberg (1999) asserts that the “role of state policies”—specifically how legality and illegality are defined, variation in receiving labor markets, and obstacles to exit—mustn’t be neglected (73). • The segmented labor market theoretical approach may also presume all migrants belong to one low class (Grosfoguel 1997, Portes & Rumbaut 2006). Geography and status of dependence affect the quantity and class of migrants while public policies affect the success of migrant incorporation. Grosfoguel warns against overly deterministic analyses such as push-pull factors, however claims that the majority of migrants reside in urban areas due to incorporation into the labor market without consideration of social networks (see Menjivar).

7. Social Capital theory • An individual’s access to “social capital through membership in interpersonal networks and social institutions...improve or maintain their position in society” (19). For a potential migrant, a social network in the foreign country minimizes potential costs and maximizes benefits through access to greater resources.

8. Cumulative Causation of Migration • Each migration undergirds the web of social networks and subsequently stimulates greater migration. • However, social networks are not always unproblematic and do not always reduce costs or maximize benefits.

9. Tripartite Causal Model of activated labor demand, cultural penetration of sending countries, and development of social networks • Portes and Rumbaut (2006) determined that contemporary immigrants are incorporated into society according to their personal resources (which prepare them to be unskilled laborers, skilled professionals, or entrepreneurs) and classification by the government (20). While this model adds the “role of the state,” which was missing from Massey’s theory, it is still oriented to macro-level forces.

10. Gender in the Migratory Process • Dominant theories of international migration have failed to consider the implications of gender. For years, female migrants were perceived as passive, involuntary victims of migration, partly due to an imbalance in gender relations and the disregard of migration to labor markets in the private sphere. However, statistical evidence suggests that female migrants outnumber men and analyses elucidate their active role in patterns of migration. • According to Lutz (2010), a gendered approach to migration must consider feminized and masculinized labor markets (e.g. private versus public sphere), care practices (management of labor and childrearing), and the shifting discourses and practices on gender orders in both the receiving and sending countries within three levels of analysis—the macro (labor markets), meso (organization of work) and micro (individual practices).

11. Transnationalism • Process by which immigrants (transmigrants) forge and sustain multi-stranded social relations that link together their societies of origin and settlement (Glick-Schiller, 1993). • Continuous circulation of goods, services, people, information and capital between various settlements that constitutes a single community across multiple sites (Menjivar2000:28, Kearney, 1991).

12. History of Immigration Law

13. Colonial: 1609-1775: immigrants from the British Isles • American Revolutionary 1776-1840: Euro immigration slowed because of war and discomfort with “foreign born” • Old Immigration 1841-1882: Local govs recruited Northern Europeans. Chinese immigrated w/ little difficulty • Regulation 1882-1920: Chinese excluded from immigrating; major entry through Central, Eastern and Southern Europe. • Restriction and exclusion 1921-1952: quota system restricted immigration from Central, Eastern and Southern Europe and all Asians were excluded from admission/citizenship eligibility. • Partial liberalization period 1952-1965: Asians assigned same quota as Europeans and allowed naturalization

14. 1965 Immigration and Nationality Act • Liberalized policy 1965-present: quota policy was repealed, immigrants from 3rd world and all countries allowed • Prior to 1965 immigration was mostly from Europe, but under President Johnson, immigration became based more on occupation than national origin. • October 3, 1965 Immigration and Nationality Act (Amendments): • Abolished national origins quota • Est preferences for relatives of citizens and permanent residents • Exempted immediate relatives of citizens • Limits of world coverage to 20k/country

15. 1980 Refugee Act • Removed refugees as preference category (but has a ceiling) • Sanctuary Movement

16. 1986 IRCA • Immigration Reform and Control Act (IRCA) • Legalized many undoc’d immigrants but made it unlawful to hire undoc’d workers

17. 1990 Immigration Act: Increased annual immigrant limit to 700k and established Immigrant Investor Program (can immigrate if you are willing to invest lots of $) • 1996 Welfare Reform: ended many cash and medical assistance programs for legal immigrants • 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) expanded enforcement ops of Immigration and Naturalization Service • 2001 USA Patriot Act: Response to 9/11. Federal officials get greater power to intercept national/international communications.

18. S.744 Comprehensive Immigration Reform

19. CIR S.744 • Border Security, Economic Opportunity and Immigration Modernization Act of 2013 • Written by Gang of Eight: (Bennet (CO), Durbin (IL), Flake (AZ), Graham (SC), McCain (AZ), Menendez (NJ), Rubio (FL), and Schumer (NY) • First introduced 16 April 2013 • 27 June 2013 Senate passed bill 68-32 For more visit National Immigration Law Center at nilc.org/s744summary1.html

20. Summary Title 1. Border Security & Triggers Title 11. Immigration Visa Programs Title III. Future Immigrant Flows: New Merit-based Visas w Two-Tracks Immigration Integration Title IV. Interior Enforcement Title V. Reforms to Non-Immigrant Visa Programs

21. Border Security • Goal is to apprehend 9 out of 10 immigrants (“effective control” • $46.3 for border enforcement • Extend to 700mi of barriers/fencing along U.S.- Mexico border • Before registered provisional immigrants can obtain lawful permanent resident status, DHS must: • Certify U.S.-Mexico border strategy has been “substantially deployed” • Deploy over 38,000 FT active-duty Border Patrol agents along border • Implement mandatory E-verify system for all U.S. employers • If effective control is not achieved, will not proceed with next steps of reform

22. Immigrant Visas • In order to be eligible for RPI status, individual must: • Been in U.S. on or before 31 Dec 2011 • Maintained continuous presence until application • Settled any assessed federal tax liability/pay all back taxes • No record of certain criminal offenses • Cost $500 • After 6 years in RPI status, individual may renew for an additional $500. To renew, individual must demonstrate regular employment and average income above federal poverty level • After 10 years in RPI status, individual may apply for LPR for $1000 (green card). Must demonstrate regular employment and average income at 125% federal poverty level. Must pursue English or U.S. civics studies. • After 3 years in LPR status, individual may apply for U.S. citizenship (13 years total) • Includes Dream Act legislation

23. 2-Track System for Merit-Based Permanent Visas • Track 1 • Subject to cap of b/w 120,000-250,000 per year, visas allocated based on points system • Points allocated based on education, job skills, employment in certain fields, and family ties • Individuals with pending or approved petitions in other immigration categories may not apply • Http://www.migrationpolicy.org/pubs/CIRbrief-LegalFlows.pdf (Remaking Green Card) • Track 2 • Adjustment of Status to Lawful Permanent Residence for Immigrants in Conditional Legal Status (LPR) • Eligible: (after 10 years in RPI status ) • Satisfaction of federal tax liability • English skills • Registers for selective service (if eligible) • Background check • $1,000 penalty • Once granted LRP status may naturalize after 3 years

24. DREAM Act • “First introduced 1 August 2001 but Congress has yet to pass • Provides temporary legal status and path to permanent legal status • You may be eligible if you: • Under 16yo when first arrived to U.S • Lived in U.S. for 5 years or more • “Have maintained good moral character” • Have graduated high school or obtained GED • You may be eligible for legal permanent resident (LPR) status if: • Complete two years of college or four years of U.S. military service • PA Dream Act, introduced in March 2013, would allow undocumented students to pay in-state tuition rates (SB713) For more visit Pennsylvania Immigration and Citizenship Coalition (PICC) paimmigrant.org/programs/immigration-reform/dream-act

25. Adjustment to Lawful Permanent Residence for Dream Act Eligible Immigrants • Hold RPI status for 5 years • Arrived in U.S. at age l5 or younger • Possess h.s. diploma • Meet either: 2 years college or military service 4 years

26. Deferred Action for Childhood Arrivals (DACA): • Announced 15 June 2012 • Provides protection against deportation and a permit to work in the U.S for 2 years. It is renewable. • You may be eligible if you: • Under 31yo as of 15 June 2012 • Under 16yo when first arrived to U.S. • Have lived in the U.S. continuously since 15 June 2007 • Physically present in the U.S. 15 June 2012 • Entered without inspection or lawful immigration exp by 15 June 2012 • Enrolled in school, graduated, earned GED or were honorably discharged by U.S. military • No convictions of felony or significant misdemeanors For more visit U.S. Citizenship and Immigration Services: www.uscis.gov/childhoodarrivals‎

27. Conditional and Lawful Permanent Residence Status for Agricultural Workers (Blue Card) • Exempt from numerical cap on immigrant visas. • For one year with option of extension for up to l8 mo. • 5 years to LPR

28. Starting 10/1-2014- visas allocated to noncitizens w approved employment and family based petitions pending for at east 5 years • Between 2015-2021 –those filed prior to bill enactment • Eligible to apply for LPI

29. Interior Enforcement • EEVS electronic employment eligibility verification system (E-Verify) • Increased worker protections, POWER Act • Asylum and refugee provisions • Immigration court reform • Provisions for violators of immigration law that constitute crimes

30. Immigrant Integration • Establishes Office of Citizenship and New Americans to address integration policy and program need and promote citizenship efforts • Establishes Federal Inter-agency Task Force on New Americans headed by Homeland Security (!) • Creates US Citizenship Foundation • Authorizes funds to assist immigration benefit applicants & state and local integration programs • Reduces barriers to naturalization • 10 million authorized for first 5 yrs of OCNA and sums as necessary to sustain in subsequent years • 100 million to grant programs

31. Reforms to Non-Immigrant Visa Programs • Establishes W non imigrant visa for lower skilled jobs, allowing multi-year employment w / option to apply for permanent residence (see visa reforms section

32. Non-immigrant visa types

33. A visas • A1: Ambassador, diplomat, and immediate family • A2: Foreign government official and immediate family • A3: Personal employee of A1, A2 • All A visas handled through US Dept of State

34. B visas • B1: Temporary Visitor for Business (setting up a new business, taking orders, providing services for a foreign company, attending a professional conference) • B2: Temporary Visitor for Pleasure (vacation, attend personal event, noncommercial activities, prospective students) • B visas do not allow you to work for a US employer but you may be able to change employment status

35. C visas • C1 Continuous Transit (passing through the US to another destination, stop over less than 29 days) • C2 Travel to UN Headquarters in NY (may only travel within 25 mi radius of Columbus Circle, NY) • C3 Like A2 but in transit • CP Similar to S

36. D visas • D Crewman’s visa (landing temporarily, sea or air)

37. E visas • E1 Treaty Trader • E2 Treaty Investor • E3 special for Australian Free Trade Agreement • For managers and essential employees of foreign companies engaged in trade with the US.

38. F visa • Status to attend school at any level through graduate school. School must be accredited (by ICE?) to issue Form I-20, document proof that the school has accepted the student. Students may be able to work (limited- workstudy, coops/internships, if authorized due to unforeseen “severe economic hardship”) but must prove that individual must prove can financially support studies without working (tuition and living expenses) and that there’s no intention to immigrate to the US. This proof can be through an Affidavit of Support with supporting documentation (bank/tax records, etc). Affidavit submitted by immediate family members are most successful. • F2 Dependent of F1 • F3 Border commuter student

39. G visa • G1, 2, 3, 4, 5 For individuals working for international organizations (UN, WB), their immediate family and employees. GB and GT (Guam)

40. H visa • H1A Professional Nurses (eliminated 9/1/1995) became H1C (nurses in areas of healthcare worker shortage) • H1B Temporary Professional worker (requires BA/BS/equivalent); Allowed to stay up to 6 years straight. You need not prove you have a residence abroad. • H2A Temporary Agricultural Worker (employer must be certified and unable to find US workers, employee must be paid “prevailing wage”) • H2B Other Temporary Workers (short term/start up). Requires proof of unavailability of US workers. Visa for 1 year at a time with 3 year limit. (Oz’s Argon visa) • H3 Trainee (for training program not offered in home country). 2 year limit. Could be to train people for the foreign office of a US company. • H4 Spouse of Dependent of H1A, H1B, H2, H3 workers

41. I visas • International Journalist (employed by foreign media organization). No limit to stay as long as employer doesn’t change.

42. J visa • J1 Exchange Visitor (Students, scholars, researchers; Sometimes comes with requirement that visa holder return home for 2 years after visa expiration, and in that period cannot change to H visa or permanent resident status. Muna had a J1 for 1 year. Did not have to return home, able to switch to B2) • J2 Spouse, dependent children of J1 • The Exchange Visitor Program is carried out under the provisions of the Fulbright-Hays Act of 1961, officially known as the Mutual Educational and Cultural Exchange Act of 1961 (Pub.L. 87–256, 75 Stat. 527). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. • In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are: • Au Pair, Intern, Student, College/University, Student, Secondary, Government Visitor, International Visitor (reserved for Department of State use), Physician, Professor and Research Scholar, Short-term Scholar (6 month max, no extension), Specialist (1 year max, Summer work/travel, Teacher, Trainee (18 month max)

43. K visa • K1 Fiance, Fianncee Visa • K2 Minor Unmarried children of K visa holders • K3 Spouse of US citizen awaiting immigrant visa • K4 Child of K3

44. L visa • L Intracompany Transferee (employed abroad at least 1 year, with specialized knowledge; employment in US must be for that company or an affiliate). Limit 3 years. • L2 Spouse/dependents of L1

45. M visa • M1 Technical or Vocational School Student (Barred from changing to F1 status while in US. Must leave and reapply for F1. Can change to H1B) • M2 Spouse/dependents of M2 • M3 Border student

46. N visa • N8 Parent of Certain Unmarried Minors who are Special Immigrants (G1 nonimmigrants may qualify for permanent residence as special immigrants) • N9 Unmarried minor Child of N1 or special immigrant

47. NATO visa

48. O visa • O1 Individuals of Extraordinary Ability (in sciences, arts, education, business, or athletics with national/international acclaim) • O2 Accompanying/assisting O1 • O3 Spouse/dependents of O1/O2

49. P visa • P1 Internationally Recognized Athletes and Group Entertainers • P2 Entertainers coming through an Exchange Program • P3 Artists/Entertainers coming to Give Culturally Unique Group Performances • P4 Spouse/dependents of P1, 2, 3 • Eligible for P status for up to 5 years, with an extension up to 5 years

50. Q visa • Q1 Cultural Exchange Visitor (15 months, to participate in cultural international exchange program, approved by ICE?, that helps US public learn about foreign cultures) • Q2 Irish Peace Process Trainee • Q3 Spouse/Dependent of Q2