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Strengthening the Global Refugee Protection System

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Strengthening the Global Refugee Protection System MARCH 2018 Strengthening the Global Refugee Protection System S1 Introduction S218 Critical Perspectives on Clandestine Migration DONALD KERWIN Facilitation: An Overview of Migrant Smuggling Research S4 New Models of International Agreement for Refugee GABRIELLA SANCHEZ Protection SUSAN MARTIN S237 Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention S20 Borders and Duties to the Displaced: Ethical MICHAEL FLYNN Perspectives on the Global Refugee Protection System S258 “They Need to Give Us a Voice”: Lessons from DAVID HOLLENBACH, SJ Listening to Unaccompanied Central American and Mexican Children on Helping Children Like S38 Rethinking the Assumptions of Refugee Policy: Themselves Beyond Individualism to the Challenge of Inclusive SUSAN SCHMIDT Communities GEORGE RUPP S283 Seeking a Rational Approach to a Regional Refugee Crisis: Lessons from the Summer 2014 “Surge” of S45 Responding to a Refugee Influx: Lessons from Lebanon Central American Women and Children at the US- NINETTE KELLEY Mexico Border KAREN MUSALO and EUNICE LEE S68 Prospects for Responsibility Sharing in the Refugee Context S326 Refugee, Asylum, and Related Legislation in the US VOLKER TÜRK Congress 2013-2016 TARA MAGNER S83 Matching Systems for Refugees WILL JONES and ALEX TEYTELBOYM S350 How Robust Refugee Protection Policies Can Strengthen Human and National Security S98 You Are Not Welcome Here Anymore: Restoring DONALD KERWIN Support for Refugee Resettlement in the Age of Trump S408 Another Story: What Public Opinion Data Tell Us TODD SCRIBNER About Refugee and Humanitarian Policy BRAD K. BLITZ S120 Safe and Voluntary Refugee Repatriation: From Principle to Practice S430 Thrive or Survive? Explaining Variation in Economic JEFF CRISP and KATY LONG Outcomes for Refugees ALEXANDER BETTS, NAOHIKO OMATA, and LOUISE S127 The “Right to Remain Here” as an Evolving BLOOM Component of Global Refugee Protection: Current Initiatives and Critical Questions S458 Refugees, Development, Debt, Austerity: A Selected DANIEL KANSTROOM History LEAH ZAMORE S158 The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants S493 Strengthening the Global Refugee Protection System: BILL FRELICK, IAN KYSEL, and JENNIFER PODKUL Recommendations for the Global Compact on Refugees KEVIN APPLEBY S189 The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy THOMAS GAMMELTOFT-HANSEN and NIKOLAS F. TAN 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 J. Kevin Appleby Center for Migration Studies Information for subscribers: The Journal on Migration and Human Security publishes Leonir Chiarello open access papers online monthly and compiles a print Scalabrini International Migration Network volume annually. Sign up to receive electronic articles and updates at: http://cmsny.org/mailing-list/. Elizabeth Ferris Georgetown University Submissions: The Journal on Migration and Human Security seeks to Elizabeth Fussell publish rigorous and well-argued papers that can significantly Brown University inform and contribute to the US and international policy debates on migration. It particularly welcomes papers that: Anna Marie Gallagher address timely migration-related “human security” issues, Maggio + Kattar broadly defined; cover issues and research that receive insufficient attention in public policy circles; provide new Susan Ginsburg information, ideas, non-traditional perspectives, comparative US Civil Security LLC scholarship, or multi-disciplinary analysis; and articulate areas of agreement and disagreement on particular issues, as Douglas Gurak well as gaps in knowledge. Cornell University Guidelines for submissions are available at: Jacqueline Hagan http://cmsny.org/jmhs/submission-guidelines/. University of North Carolina at Chapel Hill The Journal on Migration and Human Security is a publication Donald Kerwin of the Center for Migration Studies of New York, 307 E 60th Center for Migration Studies Street, 4th Floor, New York, NY 10022; Telephone: 212-337- Ex Officio 3080; Email: [email protected]. Rey Koslowski ISSN 2331-5024 (Print) University at Albany, State University of New York ISSN 2330-2488 (Online) Ellen Percy Kraly © 2018 by the Center for Migration Studies of New York. Colgate University CMS wishes to express its gratitude to the John D. and Daniel E. Martínez Catherine T. MacArthur Foundation for its support for this University of Arizona special volume of the Journal on Migration and Human Security on strengthening the global refugee protection Helen Morris system. United Nations High Commissioner for Refugees The articles in this collection were originally published by Emily Ryo the Center for Migration for Studies and the Journal on University of Southern California Migration and Human Security in 2016, 2017, and 2018. They are reproduced in this volume under new pagination Todd Scribner with the original citation appearing in the footer of each United States Conference of Catholic Bishops article. Introduction Donald Kerwin Executive Director of the Center for Migration Studies Executive Editor of the Journal on Migration and Human Security On July 5-7, 2016, the Center for Migration Studies (CMS) — with support from the John D. and Catherine T. MacArthur Foundation and the Foundation to Promote Open Society — convened a symposium devoted to strengthening the global refugee protection system. The event included representatives from states, the United Nations (UN) system, supranational entities, academia, and leading nongovernmental organizations. It occurred in anticipation of the September 19, 2016 UN Summit to Address Large Movements of Refugees and Migrants, which led to the unanimous adoption of the New York Declaration for Refugees and Migrants. Annex I of that document sets forth a Comprehensive Refugee Response Framework and calls upon the UN High Commissioner for Refugees to develop a Global Compact on Refugees in 2018, which is currently in process. In conjunction with the symposium, CMS commissioned a series of papers by leading scholars and policy experts. These papers — released on a rolling basis between late 2016 and early 2018 — seek to inform the development and implementation of the Global Compact on Refugees and subsequent dialogues, processes and commitments in this area. They form the basis of this special edition of CMS’s Journal on Migration and Human Security. The papers analyze state policies in light of international law, examine refugee-producing conditions, interrogate barriers to access to protection, assess traditional durable solutions, highlight promising new initiatives, explore the system’s assumptions and ethical underpinning, identify non-refugee populations in need of protection, review public opinion on the global crisis in refugee protection, and create a strong analytical and evidence base for reform. The collection includes the following articles: • “New Models of International Agreement for Refugee Protection” by Susan Martin • “Borders and Duties to the Displaced: Ethical Perspectives on the Global Refugee Protection System” by David Hollenbach, SJ • “Rethinking the Assumptions of Refugee Policy: Beyond Individualism to the Challenge of Inclusive Communities” by George Rupp • “Responding to a Refugee Influx: Lessons from Lebanon” by Ninette Kelley • “Prospects for Responsibility Sharing in the Refugee Context” by Volker Turk • “Matching Systems for Refugees” by Will Jones and Alex Teytelboym • “You are Not Welcome Here Anymore: Restoring Support for Refugee Resettlement in the Age of Trump” by Todd Scribner © 2018 by the Center for Migration Studies of New York. All rights reserved. Journal on Migration and Human Security • “Safe and Voluntary Refugee Repatriation: From Principle to Practice” by Jeff Crisp and Katy Long • “The ‘Right to Remain Here’ as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions” by Daniel Kanstroom • “The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants” by Bill Frelick, Ian Kysel, and Jennifer Podkul • “The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy” by Thomas Gammeltoft-Hansen and Nikolas F. Tan • “Critical Perspectives on Clandestine Migration Facilitation: An Overview of Migrant Smuggling Research” by Gabriella Sanchez • “Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention” by Michael Flynn • “‘They Need to Give Us a Voice’: Lessons from Listening to Unaccompanied Central American and Mexican Children on Helping Children Like Themselves” by Susan Schmidt • “Seeking a Rational Approach to a Regional Refugee Crisis: Lessons from the Summer 2014 ‘Surge’ of Central American Women and Children at the US-Mexico Border” by Karen Musalo and Eunice Lee • “Refugee, Asylum, and Related Legislation in the US Congress
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