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THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform

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THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform JANUARY 2018 THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform S1 Moving Beyond Comprehensive Immigration Reform S163 Separated Families: Barriers to Family Reunification and Trump: Principles, Interests, and Policies to Guide After Deportation Long-Term Reform of the US Immigration System DEBORAH A. BOEHM DONALD KERWIN S179 US Immigration Policy and the Case for Family Unity S37 Making America 1920 Again? Nativism and US ZOYA GUBERNSKAYA and JOANNA DREBY Immigration, Past and Present JULIA G. YOUNG S193 Creating Cohesive, Coherent Immigration Policy PIA O. ORRENIUS and MADELINE ZAVODNY S56 Working Together: Building Successful Policy and Program Partnerships for Immigrant Integration S207 Segmentation and the Role of Labor Standards ELS DE GRAAUW and IRENE BLOEMRAAD Enforcement in Immigration Reform JANICE FINE and GREGORY LYON S75 Citizenship After Trump PETER J. SPIRO S228 Mainstreaming Involuntary Migration in Development Policies S84 Enforcement, Integration, and the Future of JOHN W. HARBESON Immigration Federalism CRISTINA RODRIGUEZ S233 Immigration Policy and Agriculture: Possible Directions for the Future S116 Is Border Enforcement Effective? What We Know and PHILIP MARTIN What It Means EDWARD ALDEN S244 National Interests and Common Ground in the US Immigration Debate: How to Legalize the US S126 Immigration Adjudication: The Missing “Rule of Law” Immigration System and Permanently Reduce Its LENNI B. BENSON Undocumented Population DONALD KERWIN and ROBERT WARREN S151 The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance in the United States EMILY RYO A publication of the Executive Editor: Donald Kerwin Lynn Shotwell Executive Director, Center for Migration Studies Council for Global Immigration Associate Editors: Margaret Stock John J. Hoeffner Cascadia Cross Border Law Group LLC Center for Migration Studies Charles Wheeler Michele R. Pistone Catholic Legal Immigration Network, Inc. Villanova University School of Law Jamie Winders Editorial Office: Syracuse University Aimee Wenyue Chen Editorial and Production Assistant, Center for Migration Tom K. Wong Studies University of California, San Diego Editorial Board: Steve Yale-Loehr Edward Alden Cornell University Law School Council on Foreign Relations Information for subscribers: J. Kevin Appleby The Journal on Migration and Human Security publishes Center for Migration Studies open access papers online monthly and compiles a print volume annually. Sign up to receive electronic articles and Leonir Chiarello updates at: http://cmsny.org/mailing-list/. Scalabrini International Migration Network Submissions: Elizabeth Ferris The Journal on Migration and Human Security seeks to Georgetown University publish rigorous and well-argued papers that can significantly inform and contribute to the US and international policy Elizabeth Fussell debates on migration. It particularly welcomes papers that: Brown University address timely migration-related “human security” issues, broadly defined; cover issues and research that receive Anna Marie Gallagher insufficient attention in public policy circles; provide new Maggio + Kattar information, ideas, non-traditional perspectives, comparative scholarship, or multi-disciplinary analysis; and articulate Susan Ginsburg areas of agreement and disagreement on particular issues, as US Civil Security LLC well as gaps in knowledge. Douglas Gurak Guidelines for submissions are available at: Cornell University http://cmsny.org/jmhs/submission-guidelines/. Jacqueline Hagan The Journal on Migration and Human Security is a publication University of North Carolina at Chapel Hill of the Center for Migration Studies of New York, 307 E 60th Street, 4th Floor, New York, NY 10022; Telephone: 212-337- Donald Kerwin 3080; Email: [email protected]. Center for Migration Studies Ex Officio ISSN 2331-5024 (Print) ISSN 2330-2488 (Online) Rey Koslowski University at Albany, State University of New York © 2018 by the Center for Migration Studies of New York. Ellen Percy Kraly Photo credit: Shutterstock/cla78 Colgate University CMS wishes to express its gratitude to the Open Society Daniel E. Martínez Foundations for its support for this special volume of the University of Arizona Journal on Migration and Human Security on reform of the US immigration system. Helen Morris United Nations High Commissioner for Refugees The articles in this collection were originally published by the Center for Migration for Studies and the Journal on Emily Ryo Migration and Human Security in 2016 and 2017. They are University of Southern California reproduced in this volume under new pagination with the original citation appearing in the footer of each article. Todd Scribner United States Conference of Catholic Bishops Moving Beyond Comprehensive Immigration Reform and Trump: Principles, Interests, and Policies to Guide Long-Term Reform of the US Immigration System Donald Kerwin Center for Migration Studies Executive Summary This paper introduces a special collection of 15 papers that chart a course for long-term reform of the US immigration system. The papers look beyond recent legislative debates and the current era of rising nationalism and restrictionism to outline the elements of a forward-looking immigration policy that would serve the nation’s interests, honor its liberal democratic ideals, promote the full participation of immigrants in the nation’s life, and exploit the opportunities offered by the increasingly interdependent world. This paper highlights several overarching themes from the collection, as well as dozens of proposals for reform. Together, the papers in the collection make the case that: • Immigration policymaking should be embedded in a larger set of partnerships, processes, and commitments that respond to the conditions that force persons to migrate. • The US immigration system should reflect liberal democratic values and an inclusive vision of national identity. • It is incumbent on policy and opinion makers to publicize the broad national interests served by US immigration policies. • Policymakers should, in turn, evaluate and adjust US immigration policies based on their success in furthering the nation’s interests. • The United States should prioritize the gathering and dissemination of the best available evidence on migration and on the nation’s migration- related needs and programs, and should use this information to respond flexibly to changing migration patterns and new economic developments. • Immigrant integration strengthens communities and represents an important, overarching metric for US immigration policies. © 2017 by the Center for Migration Studies of New York. All rights reserved. JMHS Volume 5 Number 3 (2017) Journal on Migration and Human Security • The successful integration of the United States’ 43 million foreign-born residents and their progeny should be a national priority. • An immigration federalism agenda should prioritize cooperation on shared federal, state, and local priorities. • An immigration federalism agenda should recognize the federal government’s enforcement obligations; the interests of local communities in the safety, well-being and participation of their residents; the importance of federal leadership in resolving the challenges posed by the US undocumented population; and the need for civil society institutions to serve as mediators of immigrant integration. • Immigration reform should be coupled with strong, well-enforced labor standards in order to promote fair wages and safe and healthy working conditions for all US workers. • Fairness and due process should characterize US admission, custody, and removal decisions. • Family unity should remain a central goal of US immigration policy and a pillar of the US immigration system. • The United States should seek to craft “win-win” immigration policies that serve its own interests and that benefit migrant-sending states. • US immigration law and policy should be coherent and consistent, and the United States should create legal migration opportunities for persons uprooted by US foreign interventions, trade policies, and immigration laws. • The United States should reduce the size of its undocumented population through a substantial legalization program and seek to ensure that this population never again approximates its current size. Introduction In July 2016, the Center for Migration Studies of New York (CMS) initiated its US immigration reform project to provide an evidence base, vision, and policy framework to guide long-term reform of the US immigration system.1 An advisory group conceptualized the project and helped to identify themes and issues for a special collection of papers.2 This 1 In this paper, the term “US immigration system” encompasses the US refugee protection system. 2 The group included Edward Alden, Bernard L. Schwartz senior fellow, Council on Foreign Relations; Kevin Appleby, senior director of international migration policy, Center for Migration Studies (CMS), who also served as a special co-editor of the collection; Michael Doyle, university professor and director, Columbia Global Policy Initiative, Columbia University; Joanna Dreby, associate professor, University at Albany, State University of New York; Douglas Gurak, professor emeritus, Cornell University and Editor, International Migration Review; Jacqueline Hagan, professor of sociology, The University of North Carolina at Chapel Hill; Josiah Heyman, director, Center for Interamerican and Border Studies,
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