scholarly journals The unintended consequences of US immigration enforcement policies

2021 ◽  
Vol 118 (21) ◽  
pp. e2103000118
Author(s):  
Emily Ryo

US immigration enforcement policy seeks to change the behaviors and views of not only individuals in the United States but also those of prospective migrants outside the United States. Yet we still know relatively little about the behavioral and attitudinal effects of US enforcement policy on the population abroad. This study uses a randomized experiment embedded in a nationally representative survey that was administered in El Salvador, Guatemala, Honduras, and Mexico to analyze the effects of US deterrence policies on individuals’ migration intentions and their attitudes toward the US immigration system. The two policies that the current study examines are immigration detention and nonjudicial removals. The survey results provide no evidence that a heightened awareness of these US immigration enforcement policies affects individuals’ intentions to migrate to the United States. But heightened awareness about the widespread use of immigration detention in the United States does negatively impact individuals’ assessments about the procedural and outcome fairness of the US immigration system. These findings suggest that immigration detention may foster delegitimating beliefs about the US legal system without producing the intended deterrent effect.

2018 ◽  
Vol 6 (3) ◽  
pp. 192-204 ◽  
Author(s):  
Donald Kerwin

When signing into law the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, or “the Act”), 1 President William J. Clinton asserted that the legislation strengthened “the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally” ( Clinton 1996 ). In fact, the Act has severely punished US citizens and noncitizens of all statuses. It has also eroded the rule of law by eliminating due process from the overwhelming majority of removal cases, curtailing equitable relief from removal, mandating detention (without individualized custody determinations) for broad swaths of those facing deportation, and erecting insurmountable, technical roadblocks to asylum. In addition, it created new immigration-related crimes and established “the concept of ‘criminal alienhood,’” which has “slowly, but purposefully” conflated criminality and lack of immigration status ( Abrego et al. 2017 , 695). It also conditioned family reunification on income, divided mixed-status families, and consigned other families to marginal and insecure lives in the United States ( Lopez 2017 , 246). Finally, it created the 287(g) program that enlists state and local law enforcement agencies in immigration enforcement and drives a wedge between police and immigrant communities. The trend of “cracking down” on immigrants did not begin with IIRIRA. The Anti-Drug Abuse Act of 1986, the Anti-Drug Abuse Act of 1988, and the 1990 Immigration Act, for example, expanded deportable offenses ( Abrego et al. 2017 , 697; Macías-Rojas 2018 , 3–4). IIRIRA, however, significantly “ratchet[ed] up” the “punitive aspects of US immigration law already in place” ( Abrego et al. 2017 , 702), and erected much of the legal and operational infrastructure that underlies the Trump administration’s plan to remove millions of undocumented residents and their families, to terrify others into leaving “voluntarily,” and to slash legal immigration. In 2016, the Center for Migration Studies of New York (CMS) issued a call for papers to examine IIRIRA’s multifaceted consequences. 2 Between March 2017 and January 2018, CMS published eight papers from this collection in its Journal on Migration and Human Security ( JMHS). The papers cover the political conditions that gave rise to IIRIRA, and the Act’s impact on immigrants, families, communities, and the US immigration system. This article draws on these papers — as well as sources closer to IIRIRA’s passage and implementation — to describe how the Act transformed US immigration policies and laid the groundwork for the Trump administration’s policies. 3 After a brief discussion of IIRIRA’s origins, the article discusses the law's effects and subsequent policies related to the growth of the US immigration enforcement apparatus, removal, asylum, detention, the criminal prosecution of immigrants, the treatment of immigrant families, and joint federal-state enforcement activities.


2017 ◽  
Vol 5 (2) ◽  
pp. 297-330 ◽  
Author(s):  
Donald Kerwin ◽  
Robert Warren

The conventional wisdom holds that the only point of consensus in the fractious US immigration debate is that the system is broken. Yet, the US public has consistently expressed a desire for a legal and orderly immigration system that serves compelling national interests. This paper describes how to create such a system. It focuses on the cornerstone of immigration reform,1 the legal immigration system,2 and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population. The paper begins with an analysis of presidential signing statements on seminal immigration legislation over nearly a century. These statements reveal broad consensus on the interests and values that the United States seeks to advance through its immigration and refugee policies. They constitute additional common ground in the immigration debate. To serve these interests, immigration and refugee considerations must be “mainstreamed” into other policy processes. In addition, its policies will be more successful if they are seen to benefit or, at least, not to discriminate against migrant-sending states. Not surprisingly, the US immigration system does not reflect the vast, mostly unanticipated changes in the nation and the world since Congress last meaningfully reformed this system (27 years ago) and last overhauled the law (52 years ago). The paper does not detail the well-documented ways that US immigration laws fall short of serving the nation's economic, family, humanitarian, and rule of law objectives. Nor does it propose specific changes in categories and levels of admission. Rather, it describes how a legal immigration system might be broadly structured to deliver on its promises. In particular, it makes the case that Congress should create a flexible system that serves compelling national interests, allows for real time adjustments in admission based on evidence and independent analysis, and vests the executive with appropriate discretion in administering the law. The paper also argues that the United States should anticipate and accommodate the needs of persons compelled to migrate by its military, trade, development, and other commitments. In addition, the US immigration system needs to be able to distinguish between undocumented immigrants, and refugees and asylum seekers, and to treat these two populations differently. The paper assumes that there will be continued bipartisan support for immigration enforcement. However, even with a strong enforcement apparatus in place and an adaptable, coherent, evidence-based legal immigration system that closely aligns with US interests, some (reduced) level of illegal migration will persist. The paper offers a sweeping, historical analysis of how this population emerged, why it has grown and contracted, and how estimates of its size have been politically exploited. Legalization is often viewed as the third rail of immigration reform. Yet, Congress has regularly legalized discrete undocumented populations, and the combination of a well-structured legalization program, strengthened legal immigration system, and strong enforcement policies can prevent the reemergence of a large-scale undocumented population. In contrast, the immense US enforcement apparatus will work at cross-purposes to US interests and values, absent broader reform. The paper ends with a series of recommendations to reform the legal immigration system, downsize the current undocumented population, and ensure its permanent reduction. It proposes that the United States “reissue” (or reuse) the visas of persons who emigrate, as a way to promote legal immigration reform without significantly increasing annual visa numbers.


2019 ◽  
pp. 167-180
Author(s):  
Chia Youyee Vang

Chapter 9 presents interviewees’ reflections as they reassess the war and its impact. The interviewees explore the unintended consequences of the Hmong’s entanglement with the CIA during the US war in Southeast Asia. They measure the losses and upheavals of the war against an appreciation of the subsequent opportunities that came with resettlement in the United States. They revisit betrayals and resentments and express gratitude and pride. Their recollections consist of contradictory viewpoints and perspectives as they struggle to make sense of the war and its enduring legacy. Additionally, the chapter addresses their competing memories and varied truths as narrators.


2019 ◽  
Vol 109 ◽  
pp. 192-198
Author(s):  
Heriberto Gonzalez-Lozano ◽  
Sandra Orozco-Aleman

We study how drug violence in Mexico and internal immigration enforcement in the United States affect the selectivity of Mexican immigrants. We find that violence is associated with an increase in English proficiency among immigrants. Furthermore, the deterrence effect of interior enforcement varies: it is associated with increases in the probability of observing undocumented immigrants with prior migration experience, who are English proficient and have higher unobservable abilities. Those factors are associated with a higher probability of finding a job, and higher productivity and earnings in the US labor market.


2012 ◽  
Vol 9 (2) ◽  
Author(s):  
Liz Heffernan

The admissibility of unlawfully obtained evidence in criminal proceedings has generated controversy throughout the common law world. In the United States, there has been renewed debate in recent years over the propriety of the judicially-created exclusionary rule as a remedy for violations of the Fourth Amendment guarantee against unreasonable searches and seizures. When defining the scope and purpose of the rule, the US Supreme Court has placed ever increasing emphasis on the likely deterrent effect which suppressing evidence will exert on law enforcement. This article explores the consequent restriction of the exclusionary rule evinced in the contemporary case law including United States v Herring in which the Supreme Court expanded the scope of the so-called "good faith" exception. In conclusion it offers reflection from the perspective of another common law country, Ireland, where the exclusion of unconstitutionally obtained evidence has been the subject of debate.


2019 ◽  
Vol 44 (04) ◽  
pp. 865-892
Author(s):  
Julie Mitchell ◽  
Susan Bibler Coutin

The expansion of immigration enforcement in the United States has increased the documentation requirements to which immigrants are subjected. A case in point is birth certificates, which are used to establish identity, nationality, age, and kin relationships in myriad US immigration cases. This development gives highly localized bureaucratic practices in immigrants’ countries of origin transnational implications. Based on fieldwork in a registry of vital records in El Salvador, interviews with Salvadoran officials, and legal work with immigrants in the United States, this article analyzes birth certificates’ use as immigration documents, focusing on the understandings of legality and authenticity that underpin their circulation. This analysis contributes to theorizing citizenship by detailing the ways that immigration enforcement practices in immigrants’ country of residence can make their relationship to their country of origin both more important (in that they need identity documents) and less accessible (due to distance).


Author(s):  
Robert Warren ◽  
Donald Kerwin

The Trump administration has made the construction of an “impregnable” 2,000-mile wall across the length of the US-Mexico border a centerpiece of its executive orders on immigration and its broader immigration enforcement strategy. This initiative has been broadly criticized based on: Escalating cost projections: an internal Department of Homeland Security (DHS) study recently set the cost at $21.6 billion over three and a half years; Its necessity given the many other enforcement tools — video surveillance, drones, ground sensors, and radar technologies — and Border Patrol personnel, that cover the US-Mexico border: former DHS Secretary Michael Chertoff and other experts have argued that a wall does not add enforcement value except in heavy crossing areas near towns, highways, or other “vanishing points” (Kerwin 2016); Its cost-effectiveness given diminished Border Patrol apprehensions (to roughly one-fourth the level of historic highs) and reduced illegal entries (to roughly one-tenth the 2005 level according to an internal DHS study) (Martinez 2016); Its efficacy as an enforcement tool: between FY 2010 and FY 2015, the current 654-mile pedestrian wall was breached 9,287 times (GAO 2017, 22); Its inability to meet the administration’s goal of securing “operational control” of the border, defined as “the prevention of all unlawful entries to the United States” (White House 2017); Its deleterious impact on bi-national border communities, the environment, and property rights (Heyman 2013); and Opportunity costs in the form of foregone investments in addressing the conditions that drive large-scale migration, as well as in more effective national security and immigration enforcement strategies. The Center for Migration Studies (CMS) has reported on the dramatic decline in the US undocumented population between 2008 and 2014 (Warren 2016). In addition, a growing percentage of border crossers in recent years have originated in the Northern Triangle states of Central America (CBP 2016). These migrants are fleeing pervasive violence, persecution, and poverty, and a large number do not seek to evade arrest, but present themselves to border officials and request political asylum. Many are de facto refugees, not illegal border crossers. This report speaks to another reason to question the necessity and value of a 2,000-mile wall: It does not reflect the reality of how the large majority of persons now become undocumented. It finds that two-thirds of those who arrived in 2014 did not illegally cross a border, but were admitted (after screening) on non-immigrant (temporary) visas, and then overstayed their period of admission or otherwise violated the terms of their visas. Moreover, this trend in increasing percentages of visa overstays will likely continue into the foreseeable future. The report presents information about the mode of arrival of the undocumented population that resided in the United States in 2014. To simplify the presentation, it divides the 2014 population into two groups: overstays and entries without inspection (EWIs). The term overstay, as used in this paper, refers to undocumented residents who entered the United States with valid temporary visas and subsequently established residence without authorization. The term EWI refers to undocumented residents who entered without proper immigration documents across the southern border. The estimates are based primarily on detailed estimates of the undocumented population in 2014 compiled by CMS and estimates of overstays for 2015 derived by DHS. Major findings include the following: In 2014, about 4.5 million US residents, or 42 percent of the total undocumented population, were overstays. Overstays accounted for about two-thirds (66 percent) of those who arrived (i.e., joined the undocumented population) in 2014. Overstays have exceeded EWIs every year since 2007, and 600,000 more overstays than EWIs have arrived since 2007. Mexico is the leading country for both overstays and EWIs; about one- third of undocumented arrivals from Mexico in 2014 were overstays. California has the largest number of overstays (890,000), followed by New York (520,000), Texas (475,000), and Florida (435,000). Two states had 47 percent of the 6.4 million EWIs in 2014: California (1.7 million) and Texas (1.3 million). The percentage of overstays varies widely by state: more than two-thirds of the undocumented who live in Hawaii, Massachusetts, Connecticut, and Pennsylvania are overstays. By contrast, the undocumented population in Kansas, Arkansas, and New Mexico consists of fewer than 25 percent overstays.  


2021 ◽  
Vol 111 (2) ◽  
pp. 580-608
Author(s):  
Ran Abramitzky ◽  
Leah Boustan ◽  
Elisa Jácome ◽  
Santiago Pérez

Using millions of father-son pairs spanning more than 100 years of US history, we find that children of immigrants from nearly every sending country have higher rates of upward mobility than children of the US-born. Immigrants’ advantage is similar historically and today despite dramatic shifts in sending countries and US immigration policy. Immigrants achieve this advantage in part by choosing to settle in locations that offer better prospects for their children. (JEL J15, J18, J62, K37, N31, N32)


2017 ◽  
Vol 5 (1) ◽  
pp. 124-136 ◽  
Author(s):  
Robert Warren ◽  
Donald Kerwin

The Trump administration has made the construction of an “impregnable” 2,000-mile wall across the length of the US-Mexico border a centerpiece of its executive orders on immigration and its broader immigration enforcement strategy. This initiative has been broadly criticized based on: • Escalating cost projections: an internal Department of Homeland Security (DHS) study recently set the cost at $21.6 billion over three and a half years; • Its necessity given the many other enforcement tools — video surveillance, drones, ground sensors, and radar technologies — and Border Patrol personnel, that cover the US-Mexico border: former DHS Secretary Michael Chertoff and other experts have argued that a wall does not add enforcement value except in heavy crossing areas near towns, highways, or other “vanishing points” (Kerwin 2016); • Its cost-effectiveness given diminished Border Patrol apprehensions (to roughly one-fourth the level of historic highs) and reduced illegal entries (to roughly one-tenth the 2005 level according to an internal DHS study) (Martinez 2016); • Its efficacy as an enforcement tool: between FY 2010 and FY 2015, the current 654-mile pedestrian wall was breached 9,287 times (GAO 2017, 22); • Its inability to meet the administration's goal of securing “operational control” of the border, defined as “the prevention of all unlawful entries to the United States” (White House 2017); • Its deleterious impact on bi-national border communities, the environment, and property rights (Heyman 2013); and • Opportunity costs in the form of foregone investments in addressing the conditions that drive large-scale migration, as well as in more effective national security and immigration enforcement strategies. The Center for Migration Studies (CMS) has reported on the dramatic decline in the US undocumented population between 2008 and 2014 (Warren 2016). In addition, a growing percentage of border crossers in recent years have originated in the Northern Triangle states of Central America (CBP 2016). These migrants are fleeing pervasive violence, persecution, and poverty, and a large number do not seek to evade arrest, but present themselves to border officials and request political asylum. Many are de facto refugees, not illegal border crossers. This report speaks to another reason to question the necessity and value of a 2,000-mile wall: It does not reflect the reality of how the large majority of persons now become undocumented. It finds that two-thirds of those who arrived in 2014 did not illegally cross a border, but were admitted (after screening) on non-immigrant (temporary) visas, and then overstayed their period of admission or otherwise violated the terms of their visas. Moreover, this trend in increasing percentages of visa overstays will likely continue into the foreseeable future. The report presents information about the mode of arrival of the undocumented population that resided in the United States in 2014. To simplify the presentation, it divides the 2014 population into two groups: overstays and entries without inspection (EWIs). The term overstay, as used in this paper, refers to undocumented residents who entered the United States with valid temporary visas and subsequently established residence without authorization. The term EWI refers to undocumented residents who entered without proper immigration documents across the southern border. The estimates are based primarily on detailed estimates of the undocumented population in 2014 compiled by CMS and estimates of overstays for 2015 derived by DHS. Major findings include the following: • In 2014, about 4.5 million US residents, or 42 percent of the total undocumented population, were overstays. • Overstays accounted for about two-thirds (66 percent) of those who arrived (i.e., joined the undocumented population) in 2014. • Overstays have exceeded EWIs every year since 2007, and 600,000 more overstays than EWIs have arrived since 2007. • Mexico is the leading country for both overstays and EWIs; about one-third of undocumented arrivals from Mexico in 2014 were overstays. • California has the largest number of overstays (890,000), followed by New York (520,000), Texas (475,000), and Florida (435,000). • Two states had 47 percent of the 6.4 million EWIs in 2014: California (1.7 million) and Texas (1.3 million). • The percentage of overstays varies widely by state: more than two-thirds of the undocumented who live in Hawaii, Massachusetts, Connecticut, and Pennsylvania are overstays. By contrast, the undocumented population in Kansas, Arkansas, and New Mexico consists of fewer than 25 percent overstays.


2015 ◽  
Vol 105 (2) ◽  
pp. 329-337 ◽  
Author(s):  
Scott D. Rhodes ◽  
Lilli Mann ◽  
Florence M. Simán ◽  
Eunyoung Song ◽  
Jorge Alonzo ◽  
...  

Sign in / Sign up

Export Citation Format

Share Document