The concept of “self-deportation” rests on a deceptively simple premise. According to its supporters, if the federal government invests more in enforcing immigration laws, and if states and localities take on additional immigration control responsibilities, the costs and risks of staying in the United States will increase substantially for undocumented immigrants. Faced with a high risk of being caught and imprisoned, “rational” undocumented residents will “give up and deport themselves” returning to their home countries rather than remain in the U.S.
However, preliminary evidence from studies conducted in states where such enforcement laws have been enacted shows that immigration restrictionists have gotten it wrong. Immigrant population in these states has remained in place and the predicted exodus never materialized. Economic factors, rather than enforcement, have played a far more important role in reducing the rate of undocumented entry into the United States.
This report uses important research findings from cognitive psychology and behavioral economics to explain why restrictionists have gotten it wrong and people do not behave in the “rational” way that restrictionists expect them to.
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation pursuant to diverse constitutional provisions is well-established in numerous areas of criminal and civil law, in the United States and abroad.
Immigration law, however, which is formally termed “civil” but is functionally quasi-criminal, has not previously been subject to judicial or administrative review for conformity to constitutional proportionality principles. Yet it is undisputed that the Due Process Clause—one of the sources of the proportionality principle in American law—applies to immigration proceedings.
This Perpsectives suggests that understanding the use of proportionality in criminal and civil law offers immigration practitioners a new way to challenge the status quo, particularly in cases where the underlying basis for the removal order and the resulting consequences of removal are so disparate. Applying established proportionality principles, attorneys and policymakers can both argue for a more sane and balanced approach to immigration enforcement, one that measures the relative nature of an immigration offense against the severity of the current removal system, while securing judicial review of individual removal orders for consistency with constitutional proportionality requirements.
North Carolina has become a hub of Latino migration to the South. While many think this migration came suddenly, North Carolina has, in fact, been welcoming and integrating Mexican and other Latino migrants for generations. Over the last three decades, the Latino population in North Carolina grew from less than a half percent of the total population to 8.4 percent—more than 800,000 people. North Carolina, which now has more agricultural guest workers than any other state in the nation, has contributed to a quickly growing national population of 50 million Latinos, now the largest minority group in the country. But much is at stake for Latinos, native and newly arrived, as the state and region experience demographic transformation.
The polarized nature of the current immigration debate has made the steady growth of Latinos in North Carolina more noticeable and more politically charged. The role of Latinos in North Carolina, however—as workers and residents—is an important and over-looked story of how North Carolina continues to grow and evolve in a changing economy and world.Read more...
The political discourse surrounding the incorporation of immigrants into the U.S. labor market tends to sort immigrant workers into two broad and mutually exclusive categories: high-skilled workers who are valued by many for their contribution to economic growth, and low-skilled workers who are viewed by some as causing a glut in the U.S. labor market and thereby displacing low and middle-income native-born workers. For the most part, these categories are structured around formal education. Workers possessing a level of formal education equal or superior to the median in the United States are on one side of this divide, while workers with less formal education than that threshold are on the other. Most current proposals favor expanding immigration opportunities for those immigrants with high levels of formal education.Read more...
Anyone who has ever attended a naturalization ceremony cannot help but be moved by the power of the moment. The participants enter as men, women, and children of diverse countries, but leave the room as citizens of one—the United States. For many, the path to that naturalization ceremony has been long and arduous, irrespective of whether they entered the United States as wealthy entrepreneurs or as refugees with nothing but the clothes on their backs. The process of obtaining lawful permanent resident (LPR) status, and ultimately U.S. citizenship, is often daunting. A new country, new rules, high costs, and little targeted support for new immigrants makes what should be a journey of exploration and opportunity one that may be frustrating and lonely. Consequently, in order to focus on ways to improve the naturalization process itself, we must take a step back and consider the nature of immigrant integration in the United States. The better our integration policies—and the sooner they begin—the more likely we are to improve the rate of naturalization.
The external borders of the United States matter to security, but how and in what ways is neither automatic nor obvious. The current assumption is that borders defend the national interior against all harms, which are understood as consistently coming from outside—and that security is always obtained in the same way, whatever the issue. Some security policies correctly use borders as tools to increase safety, but border policy does not protect us from all harms. The 9/11 terrorists came through airports with visas, thus crossing a border inspection system without being stopped. They did not cross the U.S.-Mexico border. Future terrorists would not necessarily cross a land border. U.S. citizens and residents, and nationals of Western Europe, also represent an important element of the terrorist threat, and they have unimpeded or easy passage through U.S. borders. Fortified borders cannot protect us from all security threats or sources of harm.Read more...
While it is true that Congress makes the laws and the President executes them, it is also true that the President, the Cabinet, and a host of regulatory agencies spend countless hours interpreting and implementing the laws. Congress can never foresee all of the myriad details that must be worked out to actually turn a law into a functioning process. It falls to the executive branch to carry out that work through the regulatory process—the system of rulemaking and public comment that generally takes place after a law is enacted.
However, it is often the case that Members of Congress do not agree with how the executive branch has interpreted and implemented a law. Disputes of this nature can quickly escalate from simple disagreement to frenzied hyperbole. Consider the over-the-top political rhetoric which has characterized much of the immigration debate for many years, with any act of generosity towards an immigrant quickly labeled “amnesty” by some lawmakers. Such rhetoric quickly turns into a pitched battle between Congress, as the maker of the law, and the Administration, as implementer of the law.Read more...
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who entered the country no later than January 12, 2011, is a welcome step forward in the saga of the Haitian earthquake. The decision to extend and redesignate Haiti for TPS has been a long time coming and reflects more than a year of solid effort on the part of advocates and the Haitian community. In many ways, DHS’s handling of the devastating January 2010 earthquake in Haiti is emblematic of the triumphs and tribulations discussed in a recent report issued by the Immigration Policy Center, Second Annual DHS Progress Report: An Analysis of Immigration Policy in the Second Year of the Obama Administration. This critique found that the immigration agencies appear to be tackling issues affecting Haitians independently, failing to coordinate their enforcement and benefits-oriented policies. At times, critical information was disseminated in a limited and ad hoc fashion, generating confusion and unease about DHS policies. Observers have been left questioning how DHS’s priorities are ordered and whether they are integrated at the department level. DHS’s latest actions offer hope that a more coordinated, thoughtful, and humanitarian approach will prevail.
Ongoing reports about Mexico’s bloody conflict with organized crime have raised again the question of whether the United States should do more to prevent such violence from “spilling over” into the country. While officials have documented few cases of actual “spill over,” fears of exploding violence in Mexico and concerns about illegal migration are driving a policy debate that is centered on “securing the border.” To whit, President Barack Obama announced last May the deployment of 1,200 more National Guard troops to enhance border security, and requested an additional $500 million from Congress to further modernize southwestern border security. In August, the U.S. Congress approved a $600 million “Border Security Supplemental Appropriations Act of 2010” in near record time. The question is whether such policy actions are effective.