POLI150 Midterm
What is the definition of an asylum seeker? Lecture 6
"Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section" (8 USC 1158)
What is a sanctuary policy? Empirically evaluate the statement, "I'm very much opposed to sanctuary cities. They breed crime. There's a lot of problems." Lecture 8
"I'm very much opposed to sanctuary cities. They breed crime. There's a lot of problems" -President Trump via Fox News -City and County of San Francisco: "No department, agency, commission, officer, or employee of the City and County of San Francisco shall use any City funds or resources to assist in the enforcement of Federal immigration law or to gather or disseminate information regarding release status of individuals or any other such personal information as defined in Chapter 12I in the City and County of San Francisco unless such assistance is required by Federal or State statute, regulation, or court decision"
Do Border Patrol agents need reasonable suspicion before stopping and searching a vehicle? Explain. Lecture 7
"reasonable cause to suspect that grounds exist for exclusion from the United States" -Border Patrol agents do not require warrants to exercise these powers. -BP agents do not need reasonable suspicion -In a 7 to 2 Supreme Court decision in U.S. v. Martinez-Fuerte, the Court ruled that vehicle stops and searches at checkpoints were consistent with the 4thAmendment even in the absence of "any individualized suspicion"
What was SBInet? Lecture 7
$1.1 billion contract awarded to Boeing•In 2006, the Department of Homeland Security (DHS) announced that 6,000 miles of virtual fence would be completed by 2009 -In 2008, DHS revised its outlook and announced that 656 miles of the virtual fence would be completed along the southwest border by mid 2011 -In 2010, the virtual fence project was scrapped after the completion of just 53 miles along the U.S.-Mexico border in Arizona at a cost of almost $1 billion
What do Hopkins et al. find about the determinants of anti-immigrant sentiment? Lecture 1
- "[...] in seven separate survey experiments over 11 years, we find that providing accurate information does little to affect attitudes toward immigration, even though it does reduce the perceived size of the foreign-born population" - This should not be interpreted to mean that accurate information has no effect on anti-immigrant sentiment; rather, this simply means that correcting people about the total number of immigrants in the U.S. is insufficient... it is up to us to figure out what works - Correct information makes people know the correct information, but it doesn't change their attitudes Perpetuating Foreignness
What did E.G. Ravenstein conclude in his 1889 study of the "laws of migration"? Lecture 2
- E. G. Ravenstein(1889): "Bad or oppressive laws, heavy taxation, an unattractive climate, uncongenial social surroundings, and even compulsion (slave trade, transportation), all have produced and are still producing currents of migration, but none of these currents can compare in volume with that which arises from the desire inherent in most men to better themselves in material respects"(p . 286)
What was the 1882 Chinese Exclusion Act? Explain the significance of the Chinese Exclusion Act as it relates to the development of U.S. immigration policy. Lecture 1
- Following an 1852 crop failure in China, over 20,000 Chinese immigrants came through San Francisco's customs house (up from 2,716 the previous year) looking for work. Violence soon broke out between white miners and the new arrivals, much of it racially charged. - the Chinese Exclusion Act prohibited the immigration of Chinese laborers for a period of ten years and barred all Chinese immigrants from naturalized citizenship - The ten-year period was renewed two times before Chinese exclusion was made permanent Significance: - The legislation proved very effective, and the Chinese population in the United States sharply declined. - The Chinese Exclusion Act is regarded as the first significant restrictive federal immigration law in the United States. It was also the first to restrict a group of people from entering the United States based on their race and class. Many other immigration laws such as the Muslim ban stemmed from this (normalized)
Describe the demographic impact of the national origins quota system. Lecture 3
- In 1910, there were 2,007,784 immigrants from Western and Northern Europe compared to 6,128,232 from Southern and Eastern Europe (roughly 25 to 75 percent) -In 1890, there were 3,800,652 immigrants from Western and Northern Europe compared to 936,334 from Southern and Eastern Europe (roughly 80 to 20 percent) -National origins quotas effectively engineered the demographic composition of America
What is the human capital approach to international migration? Evaluate the argument that people migrate to where the discounted net returns to migration are greatest. Lecture 2
- Migrants go to where the discounted net returns to migration are the greatest, where they will benefit the most - Equation: P = probability of employment. Multiply this by your expected earnings P3 = the probability of not being deported Weigh this to the economic progress of where we currently are. Subtract the probability of employment in your origin country C = costs. Can be physical costs of moving, or psychological toll, etc Overall: the expected returns must be greater than the costs -Micro-level theories may partially explain why some want to migrate, but what do these theories generally miss?-Institutions. More specifically, some people may want to migrate, but immigration policies regulate matters of entry, exit, nationality, and expulsion -Coming to the US on an employment-based visa? "EB1" visas are for priority workers with "extraordinary abilities." One must meet 3 of 10 pre-established criteria or "provide evidence of a one-time achievement (i.e. Pulitzer, Oscar, Olympic medal)
Is being undocumented a crime? Discuss Lecture 8
- NO: being in the US without authorization is not in and of itself a crimeentering the US without inspection is a crime- being undocumented is also a crime when one has already been deported, but returns to the US without authorization
What were the "White Australia" policies? Explain how the dictation test introduced by the Immigration Restriction Act of 1901 served to exclude certain "undesirable" immigrants from entering Australia. Lecture 1
- The "White Australia" policies were a series of immigration laws that restricted non-White immigration to Australia from 1901 to 1973 -Australia's Immigration Restriction Act of 1901 Act prohibited the entry of "undesirable"persons, including "idiots"and the "insane" -It also introduced a dictation test, wherein prospective immigrants were asked by immigration officials to dictate a passage "no less than fifty words long"in any European language -Records in the National Archives of Australia show that, from the time of its enactment in 1901 up until its repeal in 1958, only 52 people who were given the dictation test passed - The anti-Chinese law was not explicit, but it indirectly kept Chinese out of Australia Dictation Test: -For colored people the test would be in a foreign language so that they would fail -For acceptable nations the test would be in a known language so that they would pass and be accepted.
Explain the significance of the Naturalization Act of 1870. Lecture 1
- The 14th Amendment (1868) provided citizenship to "all persons born or naturalized in the United States." Then, the Naturalization Act of 1870 added "aliens of African nativity" and "persons of African descent" to the list of who could become citizens - The Naturalization Act of 1870 restricted all immigration into the U.S. to only "white persons and persons of African descent," meaning that all Chinese were placed in a different category, a category that placed them as ineligible for citizenship from that time till 1943. Also, this law was the first significant bar on free immigration in American history, making the Chinese the only culture to be prohibited to freely migrate to the United States for a time. Even before the act of 1870, Congress had passed a law forbidding American vessels to transport Chinese immigrants to the U.S.
Explain the significance of the Naturalization Act of 1790. Lecture 1
- The Naturalization Act of 1790 required nothing more than an oath to support the Constitution, but naturalization was limited to "any alien being a free White person" - This law limited naturalization to immigrants who were "free white persons" of "good moral character". It thus left out indentured servants, slaves, free blacks, and later Asians. While women were included in the act, the right of citizenship did "not descend to persons whose fathers have never been resident in the United States...." Citizenship was inherited exclusively through the father. This was the only statute that ever purported to grant the status of natural born citizen
How is "operational control" defined in the Secure Borders Initiative (SBI)? How does Customs and Border Protection (CBP) define "operational control"? Lecture 7
-"Comprehensive multi-year plan to secure America's borders and reduce illegal immigration"with the goal of gaining operational control of the northern and southern borders within five years -Operational control refers to the "prevention of all unlawful U.S. entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband" -CBP defines operational control as the "substantial probability of apprehension"
What was the Dillingham Commission? What did the Dillingham Commission conclude about "new immigrants"? Lecture 3
-An attempt to get a congressionally-mandated commission to talk about how bad the immigrants are -"The new immigration (Southern and Eastern Europeans), coming in such large numbers, has provoked a widespread feeling of apprehension as to its effect on the economic and social welfare of the country" -The belief that immigrants only want to come to America to temporarily take advantage of higher wages, that are violent criminals (Italians), they have committed specific crimes. Also, they're not trying to become citizens or learn English— in short, assimilate— so that's extra bad
Describe contemporary trends in international migration. Lecture 3
-An estimated 243.2 million people globally are international migrants, meaning that they reside outside of their respective countries of birth -This represents just 3.3% of the world's total population-51.5% of all international migrants live in ten countries: U.S., Germany, Russia, Saudi Arabia, United Kingdom, United Arab Emirates, Canada, France, Australia, and Spain-People are not necessarily migrating to western, developed countries -Countries with the most immigrants as a % of the total population? -US has about 14%, not a large number-UAE (88.4%), Qatar (75.5%) and Kuwait (73.6%) -These countries bring in immigrants to work in their oil industry. Young people with degrees won't be willing to do so -A little over half of the world's migrants are in North America or Europe, the global north. The other migrants are in the global south, in MENA, Sub-Saharan Africa, some in South Asia-International migrants as a % of the world population has been relatively stable from 1960 to present -As the immigration debate becomes more and more visceral, we're seeing immigration as a global phenomenon hold pretty steady -increasing migration
Explain the significance of the Immigration Act, 1917. Lecture 3
-At this time, there was anti-Chinese exclusion and anti-immigrant sentiment -This act identified "undesirables" that the US wanted to keep out of the country (See slide with Section 3, listing these people) -Created an "Asiatic barred zone," which extended across East Asia to the Middle East (as far west as Turkey) -Also introduced a literacy test: "The following persons shall be excluded from admissions... All aliens over sixteen years of age, physically capable of reading, who cannot read the English language, or some other language or dialect, including Hebrew or Yiddish.. Each alien may designate the particular language or dialect in which he desires the examination be made" -A literacy test passed both houses of Congress in 1897 (and in 1913 and 1915), but then President Cleveland vetoed the bill, remarking that not long ago "the same things were said of immigrants who, with their descendents, are now numbered among our best citizens"
What are the three general criteria for evaluating causality that we discussed in lecture? What is multifinality? What is equifinality? Lecture 3
-Causes (x's) and effects (y's) are TEMPORALLY SEPARATED. Simply, the cause comes before the effect -Causes and effects are INDEPENDENTLY EXISTING. In other words, the cause leads to the effect but the effect does not lead back to the cause -The causal relationship satisfies the COUNTERFACTUAL CONDITION. Here, if x causes y, then in the absence of x we should see the absence of y -Multifinality: Refers to similar initial conditions that give rise to different effects -Equifinality: Refers to similar effects can be caused by different initial conditions -If restrictionists focus on negative labor market effects— it could be immigration which caused this, but it could be a number of other factors
What was the Immigration Restriction League? Who, according to the Immigration Restriction League, were the "undesirable" immigrants? Lecture 3
-Founded in 1894 in response to increased anxiety about immigration -From 1850 to 1900, the total foreign-born population in the US increased by 360% growing from 2.2 million to 10.3 million-The IRL made distinctions between "old immigrants" and "new immigrants," which were viewed as "undesirable" and "unassimilable" -Prior to 1890, the foreign-born population in the U.S. was comprised mostly of British, Irish, German, Canadian, and Northern European immigrants -At the turn of the 20th century, an increasing number of Southern and Eastern European immigrants came to the US, led by Italians and Russians (i.e., eastern European Jews in particular) -There wasn't much restriction on Latin Americans, because the US wanted them to come to do work and then return home -The IRL sought to exclude "undesirable" immigrants via a literacy test and supported race-based immigration restrictions-See paragraph from IRL -'It is difficult to define and still more difficult to correctly measure the tendency of newer immigrant races toward Americanization, or assimilation into the body of the American people. If however, the tendency to acquire citizenship, to learn the English language, and to abandon native customs and standards of living may be considered as factors" Missing-Involved eugenics testifying before Congress (see slide). The belief in the science of the racial superiority of some groups
Explain the significance of the Immigration Act, 1990. Lecture 4
-Increased annual immigration to 675,000 visas per year. 480,000 for family-based visas, 140,000 for employment-based visas, and 55,000 for diversity immigrants -Immediate relatives? Per the Hart-Cellar Act, parents of US citizens were exempt from numerical restrictions. The Immigration Act of 1990 changed this so that parents of US citizens over the age of 21 were exempt from numerical restrictions- There has long been debate over whether children of undocumented immigrants should have birthright citizenship -MISSING -Pegging family-based visas to the immigration of immediate relatives: if 480,000 immediate relatives of American citizens immigrated to the US in a given year, the number of persons who could be admitted that same year under the family preference categories is actually 226,000 -Section 201 of the Immigration Act 1990 sets an annual minimum family-sponsored preference limit of 226,000
Define and explain dual labor market theory. According to dual labor market theory, what factors drive our "permanent demand" for migrant labor? Lecture 2
-International migration is caused by the permanent demand for labor that exists as a function of the economic structure of the developed countries (Piore) -4 factors: structural inflation, motivational problems, economic dualism, and the demography of labor supply -In response to the argument that we can take care of our domestic labor shortages by simply increasing wages. If we did this, native workers can fill jobs and we won't need immigrants: -This argument is actually incorrect. Advanced industrialized democracies have this permanent demand for labor, that we fulfill through immigration. We can't just increase wages Structural inflation: Wages correspond to hierarchies of prestige and social status and thus must be increased proportionately throughout the job hierarchy-We can't raise the wage of a butcher to the wage of a surgeon. If we did, we would get inflation in other professions that are traditionally being paid more now, like surgeons-Someone who has a bachelor's degree will want to earn more than someone who just has a high school diploma Motivational problems: Arise at the bottom of the job hierarchy because there are few avenues for upward mobility-If we can accept this desire to gain a bachelor's degree so we can have a healthier economic life, we know we want to be at the top of that hierarchy. We want potential for upward mobility. If we incentivize work through more money, if a labor job lacks upward mobility, we don't want them. Increasing wages for domestic workers is therefore not enough Economic dualism: Low-skilled jobs are unstable and characterized by high turnover-Where we have labor shortages, these are the toughest jobs-People won't stay in these jobs for a long period of time because of this Demography of labor supply: Slow population growth creates demand for low-skilled labor-We have a permanent demand for labor. Why?-There are fewer people to actually work. People are having less sex, less population growth -In the past, younger people would work at Starbucks instead of older-There are fewer young people to fill the jobs that immigrants might be coming to fill
Explain the significance of the Immigration Act, 1924. Lecture 3
-National origins quotas continued, but not on Northern Europeans-"The annual quota of any nationality shall be 2 percent of the number of foreign -born individuals of such nationality resident in the continental US as determined by the US Census of 1890" -"The annual quota of any nationality for the fiscal year beginning July 1927, and for each fiscal year thereafter, shall be a number which bears the same ratio to 150,000 as the number of inhabitants in the continental US in 1920 having national origin" -Non-quota immigrants included wives and unmarried children of US citizens and residents of the Western hemisphere
Explain the significance of the Geneva Convention on the Status of Refugees, 1951. Lecture 6
-The "cornerstone of modern international refugee law"-148 state parties to the 1951 Refugee Convention or the 1967 Optional Protocol Article 1 defines who a refugee is: 1. Having a "well-founded fear of being persecuted" for reasons of race, religion, nationality, membership of a particular social group or political opinion-Persecution is not defined in the 1951 Convention -Article 31 refers to those whose "life or freedom was threatened" -Article 33 refers to those whose "life or freedom would be threatened" -There is no necessary linkage between persecution and government authority 2. Outside the country of his nationality, 3. "As a result of events occurring before 1 January 1951"-A response to the Holocaust, we need to save people being persecuted -The 1967 Protocol to the Relating to the Status of Refugees abolishes this temporal limitation4. "Owing to such fear, is unwilling to avail himself of the protection of that country" -Unwillingness to avail oneself to the protection of a state or gov includes situations where government authorities cannot or will not provide protection against persecution by non-state actorsThe convention's language is broad enough that arguments from both sides can use it to their advantage: -Article 31 states that refugees can't be penalized for coming in illegally if their life or freedom is threatened. But the US is saying that Mexico is a safe place for immigrants from the Northern Triangle to stay -Article 31 also states that you can't detain asylum seekers, "other than those which are necessary"-Trump administration says that it is necessary to detain asylum seekers
Explain the significance of the Immigration and Naturalization Act, 1965. Lecture 4
-The foundation of our immigration policy-Ended the national origins quota system -According to the Hart-Cellar Act, no person would be "discriminated against in the assurance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence" -Who to let in? Hart-Cellar Act replaced the national origins quota system with a preference system based on family relationships (family-based visas) and skills (employment-based visas) How many to let in? -170,000 visas initially allocated to Eastern hemisphere (cap of 20,000 per country) -120,000 visas initially allocated to Western hemisphere which included Latin America (originally no country cap, but cap of 20,000 imposed per country in 1976) -In 1978, hemispheric quotas were combined into a single 290,000 annual quota cap (cap of 20,000 per country) -Out of 290,000 annual ceiling, 74% (214,600) admitted under family-based visas, 20% (58,000) admitted under employment-based visas and 6% (17,400) admitted under humanitarian visas -Problems came with having equal caps, because there was huge immigration demand in countries like China, India, Mexico: Led to fewer legal channels to migration and more undocumented immigrants -Part of the reason why the immigration debate is so fierce is because we haven't updated immigration policy since 1965 Impact of quotas: -The importance of the per-country quotas cannot be overstated. Previously, there was no cap on immigration to the US from the Western hemisphere (e.g. Latin America, including Mexico) -Quotas uniformly applied across all countries provided a corrective to the discriminatory national origins quota system. However, because these quotas were not attuned to differences in demand across countries, unintended consequences ensued -For example, visa backlogs quickly developed for major immigrant-sending countries. China and India, the two largest countries in Asia with respect to population, received no more or no less visas than the Maldives or Bhutan, two of the smallest countries in the region. Moreover, as legal routes to immigration closed, unauthorized immigration increased
Why do Hainmueller and Hopkins describe the labor market competition hypothesis a "zombie of a theory"? Lecture 1
-The labor market competition hypothesis "has repeatedly failed to find empirical support, making it something of a zombie of a theory" (Hainmueller and Hopkins 2014) -The basic intuition behind the labor market competition hypothesis assumes that immigration increases the supply of labor, which then increases competition and reduces wages, thus leading native-born workers to oppose immigration •However, there are two main reasons why the labor market competition has "repeatedly failed to find empirical support" -Determining the impact of immigration on wage and employment outcomes requires assessing the skill composition of immigrants relative to native-born works.
Explain the logic of the strategy of prevention-through-deterrence. Discuss the effectiveness of the strategy of prevention-through-deterrence. Lecture 8
1994 Border Patrol Strategic Plan -"The Border Patrol will improve control of the border by implementing a strategy of 'prevention through deterrence.' The Border Patrol will achieve the goals of its strategy by bringing a decisive number of enforcement resources to bear [...] Although a 100 percent apprehension rate is an unrealistic goal, we believe we can achieve a rate of apprehensions sufficiently high to raise the risk of apprehension to the point that many will consider it futile to continue to attempt illegal entry" -Acknowledged that unauthorized entry routes "will adjust to U.S. Border Patrol changing tactics" and that "violence will increase as [the] effects of [the] strategy are felt"
What was Operation Gatekeeper? Discuss the effectiveness of Operation Gatekeeper using apprehensions data along the southwest border from 1994 to 2000. Lecture 8
A concentrated effort to deter unauthorized entry into the U.S. along the San Diego border patrol sector -A Department of Justice (DOJ) report describes the San Diego sector prior to 1994 as having "no coherent strategic plan and no real aim other than to apprehend as many illegal immigrants as possible. The Sector was not adequately staffed, and its agents lacked proper equipment to contend with the flood of aliens who overran them on a nightly basis"(1998, OIG) -Operational logic: if the risk of apprehension is sufficiently high in a particular area, the number of persons attempting unauthorized entry in that area will decrease -Operation Gatekeeper provided resources for increased border patrol personnel, improved technology, including seismic sensors and infrared night scopes, and better equipment -Beginning in 1993, solid fencing constructed from surplus steel landing mats was erected along the border starting at the ocean. However, as the DOJ describes, the fence was "not a great impediment to persons wishing to climb over,"given the panels used to construct the fence "contain horizontal grooves which provide easy toe and hand grips for climbers"(1998, OIG)
What is the definition of a refugee? Lecture 6
A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.
Explain the significance of the Immigration and Naturalization Act, 1952. Discuss the powers that Border Patrol agents have. Lecture 7
Border Patrol agents, in addition to being able to arrest, detain, and ultimately deport persons attempting to enter the United States without authorization, were given authority to interrogate any person "as to his right to be or remain in the United States"; to board and search "any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle" if they are within a reasonable distance from any external boundary of the United States"; and to search a person if there is "reasonable cause to suspect that grounds exist for exclusion from the United States"
What is the 100-mile border zone? Discuss the significance of the 100-mile border zone. Lecture 7
Border Patrol agents, in addition to being able to arrest, detain, and ultimately deport persons attempting to enter the United States without authorization, were given authority to interrogate any person "as to his right to be or remain in the United States"; to board and search "any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle" if they are within a reasonable distance from any external boundary of the United States"; and to search a person if there is "reasonable cause to suspect that grounds exist for exclusion from the United States" reasonable distance from any external boundary of the United States" -Interpreted as being within 100 miles of any external border of the United States -Approximately two-thirds of the entire population of the United States lives within 100 miles of an external land or sea border
Explain the logic of non-contiguous fencing along the U.S.-Mexico border Lecture 7
Border fencing is not contiguous, it is comprised of sections -The logic is to erect fencing where cities touch the border in order to funnel unauthorized border crossers into rural area
What do Brader et al. find about the determinants of anti-immigrant sentiment? Lecture 1
Brader et al. (2008) conduct survey experiments to identify the effect of elite cues (media) and the race of immigrants on immigration opinion - They write, "immigration opinion depends on the immigrant group made salient, and the effects of these group cues on political behavior are mediated by anxiety" -More importantly, the authors conclude that opposition to immigration can be triggered by elite cues, which makes the public susceptible to error and manipulation - The authors conclude that opposition to immigration can be triggered by elite cues, which makes the public susceptible to error and manipulation - We're so easily fooled by the media we consume and the politicians that we trust Elite Cues About the Identity of Immigrants → Anxiety → Attitudes
What is the detention bed mandate/quota? How much money would it cost to detain all undocumented immigrants in the U.S.? Lecture 8
Detention bed mandate- In 2006, Congress appropriated funds to cover the costs of roughly 20,000 immigration detention beds per day. This number climbed to 27,500 in 2007 and then to 32,000 in 2008. In 2009, Congress included language in an appropriations bill stating that DHS "shall maintain a level of not less than 33,400 detention beds." This has become known as the detention bed mandate or detention bed quota -For fiscal year 2019, the average daily population of those held in immigration detention was 50,165 -Average length of detention in fiscal year 2019 was approximately 55 days
Explain the logic of enforcement priorities with respect to interior immigration enforcement in the U.S. Lecture 8
Executive Order 13768: "Enhancing Public Safety in the Interior of the United States" -DHS memo implementing Executive Order 13768 states, "all existing conflicting directives, memoranda, and field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby rescinded" -Prioritize criminals? "Department personnel should prioritize removable aliens who: (1) have been convicted of any criminal offense; (2) have been charged with any criminal offense that has not been resolved; (3) have committed acts which constitute a chargeable criminal offense [...]" -Enforcement priorities? "prosecutorial discretion shall not be exercised in a manner that exempts or excludes a specified class or category of aliens from enforcement of the immigration laws"
Explain the significance of the Immigration Reform and Control Act (IRCA), 1986. Lecture 4
First main provision: Legalization-Circular migration had become permanent migration: There were few avenues to immigrate legally into the country, so if you went home, there was a chance you couldn't get back in the US-Recall that per-country caps on the Western hemisphere began to take effect in the late 1970s -Before the per-country caps, an estimated 1 million undocumented immigrants lived in the U.S. After the per-country caps, this number grew to an estimated 3-6 million -The legalization provision of the IRCA was a response to increased undocumented immigration, to try to transform undocumented immigrants to documented immigrants. -Approximately 2.7 million persons adjusted their legal status under IRCA Second main provision: employer sanctions -Prior to 1986, no federal law effectively prohibited employers from hiring undocumented immigrants -In 1952, the McCarran-Walter Act made "harboring" undocumented immigrants a felony punishable by a fine and up to five years in prison. However, an amendment, which was lobbied for by Texas growers and agricultural interests, excluded employment from the definition of harboring. This became known as the Texas Proviso -The "Texas Proviso" was interpreted as a virtual carte blanche for the employment of unauthorized workers. IRCA attempted to end this
Describe contemporary trends in forced migration. Lecture 3
Forced-Violence, coercion (human trafficking), environment -71.4 million "persons of concern" to the UNHCR, meaning people forcibly displaced as a result of persecution, conflict, generalized violence, or human rights violations -Of this total, 39.1 million are internally displaced persons (IDPs), 19.9 million are refugees or persons in refugee-like situations, 3.1 million asylum-seekers, 3.9 million stateless persons, and the remaining fall into other categories -In 2019, the UNHCR estimated urgent resettlement was needed for 1.4 million refugees. 63,696 were ultimately resettled by the UNHCR. In other words, the number of refugees resettled in 2019 represented approximately 4.5% in need of urgent resettlement and 0.3% of the total refugee population
Explain the significance of H.R. 4437, 2005. Lecture 8
H.R. 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (the Sensenbrenner bill) -Criminalize association with undocumented immigrants -Section 202 of H.R. 4437: anyone who "assists, encourages, directs, or induces a person to reside in or remain in the United States [...] knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in or remain in the United States" would be subject to criminal penalties even if "the offense was not committed for commercial advantage, profit, or private financial gain" Section 202 further subjected "Whoever [...] transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, where transportation or movement will aid or further in any manner the person's illegal entry or illegal presence in the United States" to criminal penalties
Explain the significance of the Immigration Act, 1921. Lecture 3
National origins quotas -On Southern Europeans, Eastern Europeans, etc. Not Northern Europeans -"The number of aliens of any nationality who may be admitted under the immigration laws to the US in any fiscal year shall be limited to 3 percent of the number of foreign-born person of such nationality resident in the US as determined by the US census of 1910" -Exceptions made for "professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges, aliens belonging to any recognized learned profession, or aliens employed as domestic servants" -Preference of "wives, parents, brothers, sisters, children under eighteen years of age, and fiancees" of citizens or those eligible for naturalization
Explain how asylum works in the U.S. Discuss the significance of 8 USC 1158. Lecture 6/7
One must apply for asylum within one year of arriving to the U.S. -An asylum applicant is not eligible for employment authorization unless 150 days have passed since the asylum claim was filed and a decision has not yet been made -Upon being granted asylum, one can petition to bring their spouse or minor children to the U.S. ...According to 8 U.S.C 1158, any alien who is physically present in the US or who arrives in the US (whether or not at a designated port of arrival and including an alien who is brought to the US after having been interdicted in international or US waters, irrespective of such alien's status, may apply for asylum in accordance with this section or with section 235(b), where applicable.
Describe the bivariate relationship between spending on border security and the size of the undocumented population in the U.S. Lecture 8
Spending on BP becomes more as the size of undocumented population in America goes up
Explain how refugee resettlement works in the U.S. Discuss the significance of the Refugee Act, 1980. Lecture 6
The 1980 Refugee Act: "Provides for up to 50,000 annual refugee admissions... Authorizes the president to exceed such 50,000 admissions level if, at the beginning of a fiscal year and after appropriate consultation, he determines it to be for humanitarian purposes. Provided that these admissions shall be allocated to groups of special concern to the US" -What does "after appropriate consultation" mean? -Defined in the 1980 Refugee Act to mean personal discussions by Cabinet -level representatives of the President with members of the Senate and House Judiciary Committees -Consultations involve discussing the refugee situation, evaluating the possible extent of US resettlement efforts, and discussing the "reasons for believing that the proposed refugee admission is in the national interest"What does "in the national interest" mean? -Description of the nature of the refugee situation-Description of the number and allocation of refugees to be admitted, and an analysis of conditions within their home countries -Analysis of the anticipated social, economic, and demographic impact of their admission to the US -Description of the proposed resettlement plans, including estimated costs involved -Description of the extent to which other countries will admit and assist in such refugee resettlement -Analysis of the impact of resettlement on US foreign policy -Any other appropriate information (let's keep it open-ended)
What are the Migrant Protection Protocols (MPP), also known as the "Remain in Mexico" policy? Lecture 7
Those seeking admission to the U.S. from Mexico "may be returned to Mexico and wait outside of the U.S. for the duration of their immigration proceedings [...] including those who claim asylum" -9thCircuit (April 8, 2019) -Two questions at issue: (1) does the administration have the statutory authority to implement "Remain in Mexico"?; (2) are there sufficient safeguards to ensure that people are not returned to "a territory where his or her `life or freedom would be threatened'?"
Who were the primary targets of U.S. Border Patrol during the early part of the 20th century? During this period, where were the majority of border patrol agents stationed and why? Lecture 7
To apprehend bootleggers and prevent liquor smuggling, the majority of Border Patrol agents were stationed along the U.S.-Canada border -Along the southern border, a handful of agents patrolled the U.S.-Mexico border on horseback looking for undocumented Chinese, as well as others excluded by national origins quotas
Explain how refugee resettlement works internationally. Discuss the role of the UNHCR Lecture 6
UN High Commissioner for Refugees (UNHCR) created in 1950-Article 35 doesn't specifically state that states are REQUIRED to cooperated with the UNHCR. -The statute of the UNHCR calls upon governments to cooperate with the UNHCR, especially by: -Becoming parties to international conventions providing for the protection of refugees -Entering into special agreements with the High Commissioner -Try to get countries to admit refugees to their territories -There are 68.5 million forcibly displaced as a result of persecution, conflict, generalized violence, or human rights violations -We don't have a specific requirement for countries to help these people -Making an impossible mandate politically manageable by identifying the most vulnerable among an already vulnerable group -A person is eligible for resettlement if the person is identified by the UNHCR as a refugee, the UNHCR deems resettlement as the most appropriate solution, and if the person falls under one or more of the UNHCR's eight protection categories Legal Protections: Legal and/or physical protection needs Lack of foreseeable alternative durable solutions Survivors of violence and/or tortureWomen and girls at risk Medical needs Family reunification Children and adolescents at risk; older refugeesLegal and/or physical protection needs -A refugee's situation must meet one or more of the following: immediate or long-term threat of refoulement; a threat of arbitrary arrest, detention or imprisonment; threat to physical safety or fundamental human rights in the country of refuge "rendering asylum untenable" Lack of foreseeable alternative durable solutions -Refugees are unable to return home in the foreseeable future and have no opportunity to establish themselves in their country of refuge -Conditions in the country of refuge? "Refugees are at best only tolerated in the country of refuge and/or considered as 'illegal immigrants' or their stay in the country of refuge is based on temporary protection regime, which is discretionary in nature -Indicators for local integration in new country of refuge include: work permits, marriages between refugees and members of the local population, citizenship acquisition, access to services, including education Survivors of torture: -A refugee has experienced torture and or violence either in the country of origin or asylum; and may have continuing physical or psychological effects from the torture or violence; and could face further traumatization due to conditions of asylum; and may require medical of psychological care, which is not available in the country of asylum; and requires resettlement to meet these specific needs -Forms of violence and torture include: experiencing the violent death of family members; witnessing the torture, severe mistreatment, or rape of family members, and sexual and gender-based violence
Can a Border Patrol agent stop and search a vehicle simply because the driver of the vehicle or its occupants may be of Mexican ancestry? Explain. Lecture 7
Yes. Also in U.S. v. Martinez-Fuerte, the Court ruled "even if it be assumed that such referrals are made largely on the basis of Mexican ancestry, we perceive no constitutional violation"