scholarly journals Making Citizenship an Organizing Principle of the US Immigration System: An Analysis of How and Why to Broaden Access to Permanent Residence and Naturalization for New Americans

2021 ◽  
pp. 233150242110355
Author(s):  
Donald Kerwin ◽  
Robert Warren ◽  
Charles Wheeler

This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration system and its expectation for new Americans. It comes at a historic inflection point, following the chaotic departure of one of the most nativist administrations in US history and in the early months of a new administration whose executive orders, administrative actions, and legislative proposals augur a different view of immigrants and immigration. The paper examines two main ways that the Biden–Harris administration can realize its immigration, naturalization and integration goals: i.e., by expanding access to permanent residence and by increasing naturalization numbers and rates. First, it proposes administrative and, to a lesser degree, legislative measures that would expand the pool of eligible-to-naturalize immigrants. Second, it identifies three underlying factors—financial resources, English language proficiency, and education—that strongly influence naturalization rates. These factors must be addressed, in large part, outside of and prior to the naturalization process. In addition, it provides detailed estimates of populations with large eligible-to-naturalize numbers, populations that naturalize at low rates, and populations with increasing naturalization rates. It argues that the administration's immigration strategy should prioritize all three groups for naturalization. The paper endorses the provisions of the US Citizenship Act that would place undocumented and temporary residents on a path to permanent residence and citizenship, would reduce family- and employment-based visa backlogs, and would eliminate disincentives and barriers to permanent residence. It supports the Biden-Harris administration's early executive actions and proposes additional measures to increase access to permanent residence and naturalization. It also endorses and seeks to inform the administration's plan to improve and expedite the naturalization process and to promote naturalization. The paper's major findings regarding the eligible-to-naturalize population include the following: In 2019, about 74 percent, or 23.1 million, of the 31.2 million immigrants (that were eligible for naturalization) had naturalized. Three states—Indiana, Arizona, and Texas—had naturalization rates of 67 percent, well below the national average of 74 percent. Fresno, California had the lowest naturalization rate (58 percent) of the 25 metropolitan (metro) areas with the largest eligible-to-naturalize populations, followed by Phoenix at 66 percent and San Antonio and Austin at 67 percent. Four cities in California had rates of 52–58 percent—Salinas, Bakersfield, Fresno, and Santa Maria-Santa Barbara. McAllen, Laredo, and Brownsville had the lowest naturalization rates in Texas. Immigrants from Japan had the lowest naturalization rate (47 percent) by country of origin, followed by four countries in the 60–63 percent range—Mexico, Canada, Honduras, and the United Kingdom. Guatemala and El Salvador each had rates of 67 percent. Median household income was $25,800, or 27 percent, higher for the naturalized population, compared to the population that had not naturalized (after an average of 23 years in the United States for both groups). In the past 10 years, naturalization rates for China and India have fallen, and rates for Mexico and Central America have increased (keeping duration of residence constant). In short, the paper provides a roadmap of policy measures to expand the eligible-to-naturalize population, and the factors and populations that the Biden–Harris administration should prioritize to increase naturalization rates, as a prerequisite to the full integration and participation of immigrants, their families, and their descendants in the nation's life.

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 188-215
Author(s):  
Richard K Wagner

The volume of disputes heard by United States (US) courts containing a China element continues to be robust even against a backdrop of political rhetoric concerning an economic ‘de-coupling’ of the US and China. These cross-border disputes often involve Chinese parties and special issues, some of which concern Chinese business culture, but many of which involve interpreting questions of Chinese law. How is proving Chinese law accomplished in these cases and how have US courts performed in interpreting Chinese law? This article first discusses the approach to proving Chinese law in US courts. While expert testimony is often submitted and can be valuable to a US court, the applicable US rule offers no standards by which these opinions are to be judged. And, in the China context, without specific guidance, it can be challenging for a judge, unaccustomed with China or the Chinese legal system to determine which version of the law to believe. Moreover, under the applicable rule, the US court can simply ignore competing Chinese law opinions and conduct its own Chinese law legal research, presumably using English language sources. This can lead to interesting interpretations of Chinese law to say the least. The article anchors its discussion in an examination of those recent cases which have interpreted Article 277 of the Civil Procedure Law of the People’s Republic of China. This is the legal provision of Chinese law that can be implicated in certain situations involving cross-border discovery, and there are now numerous Article 277 cases among the reported US decisions. The article analyses Article 277 by placing it within the larger context of Chinese civil procedure and argues that the language used in the provision has a special meaning within Chinese evidence law that has been obscured in those US case decisions interpreting it, leading to erroneous results. The article concludes by offering judges and practitioners some suggestions for interpreting Chinese law in future US cases. Keywords: Chinese law; US courts; Article 277; deposition; cross-border discovery; Hague Evidence Convention; Chinese civil procedure.


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.


Author(s):  
Nuri Gökhan Toprak

The concept of influence can be defined as a tool of international actors, a form of power, the ability to overcome obstacles in order to achieve different purposes or the desired result in the process of power relations established between actors in international politics. According to the approach that aims to reach the concept of influence as the desired result, in the process of setting up influence states try to influence each other through different methods and tools in which can be used through states’ own capacities. In addition to political and military tools, economic impact tools related to the field of foreign trade and finance are frequently used today. Economic impact tools, such as external aid, which may be positive or rewarding, may also be negative or punitive in a range from the boycott to the blockade. The study aims to provide a qualitative assessment of the United States' (US) economic sanctions against Iran in the context of the use of economic impact tools in international politics. In order to achieve this aim, 12 executive orders issued by the US on the grounds that Iran poses a threat to its national security, foreign policy and economy will be examined. In the conclusion of the study, the assumption that the US sanctions against Iran almost for 40 years has become a multilateral structure such as commercial and financial blockade from a structure related to bilateral relations such as boycott and embargo will be tested.


PLoS ONE ◽  
2021 ◽  
Vol 16 (6) ◽  
pp. e0252232
Author(s):  
Kazumi Tsuchiya ◽  
Olivia Toles ◽  
Christopher Levesque ◽  
Kimberly Horner ◽  
Eric Ryu ◽  
...  

Across several decades there has been an unprecedented increase in immigration enforcement including detention and deportation. Immigration detention profoundly impacts those experiencing detention and their family members. An emerging area of research has found that immigrants experience a number of challenges which constrain and limit their decisions, choices, and options for security and integration in the United States due to social, political and structural determinants. These determinants lead to greater structural vulnerabilities among immigrants. The purpose of the current study was to illuminate the perceived vulnerabilities of detained noncitizen immigrants as they are raised and described while attending case hearings at the Bloomington, Minnesota immigration court. Through conducting a thematic analysis of notes derived from third party immigration court observers, three areas of perceived vulnerability were identified. These perceived vulnerabilities include 1) migration and motivations to migrate, 2) structural vulnerabilities (e.g., discrimination, financial insecurity, social ties and family support, stable or fixed residence, English language proficiency, health and mental health) in the US, and 3) challenges in navigating immigration detention. These findings demonstrate that noncitizen immigrants who are undergoing immigration detention are experiencing multiple intersecting vulnerabilities which profoundly impact their lives. Collaborative efforts across sectors are needed to work towards comprehensive immigration reforms including both short-term and long-term solutions to address pressing issues for noncitizens undergoing immigration detention.


2020 ◽  
Vol 8 (1) ◽  
pp. 54-67 ◽  
Author(s):  
Michele Waslin

Executive Summary This article examines presidential immigration policy making through executive orders (EOs) and proclamations. Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. His immigration-related EOs and proclamations, however, diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, Trump has issued 10 and nine, respectively. Overall, about 1 percent of all EOs and proclamations during this period have been immigration related, compared to 8 percent of Trump’s EOs and 2.4 percent of Trump’s proclamations. In a sharp departure from previous presidents, a greater share of his EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that: Congress should hold oversight hearings and should consider revoking or modifying EOs and proclamations that have been issued pursuant to the authority provided to the president by Congress, as opposed to those based on the executive’s constitutional authority. Advocacy organizations should continue to challenge the president’s executive actions, the insufficient process and consultation leading to them, their statutory or constitutional justification, and their impact. Congress should take an inventory of the immigration authorities it has delegated, both explicitly and implicitly, to the executive branch and determine when this authority can and should be limited. Congress should pass legislation to update and reform the US immigration system, and thus clarify its intentions regarding US immigration law, policy, and executive authority in this area.


2018 ◽  
Vol 64 (1) ◽  
pp. 31-44
Author(s):  
Fahad Gill ◽  
Waseem Ahmad

This article provides a comprehensive analysis of the earnings disadvantage of 21st century immigrants in the United States. The study is the first to decompose the earnings disadvantage faced by recent immigrants to present the channels through which immigrants lag behind their native counterparts. The decomposition of the earnings disadvantage reveals that the time spent in the United States is the key determinant of the earnings disadvantage. Other important sources of the earnings disadvantage of immigrants are the levels of English-language proficiency and educational attainment. The decomposition analysis also suggests that low levels of human capital cause an even larger disadvantage for immigrants in the years following the 2008-2009 recession as compared with the corresponding relative returns of the prerecession period. The decomposition analysis and trends in returns to human capital variables highlight the merits of a selective immigration system that favors young, English-speaking, and highly educated individuals. JEL Classifications: J1, J3, J6


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