By Ruth Ellen Wasem

This article uses a multidisciplinary approach — analyzing historical sources, refugee and asylum admissions data, legislative provisions, and public opinion data — to track the rise and fall of the US asylum and refugee policy. It shows that there has always been a political struggle between people who advocate for a generous refugee and asylum system and those who oppose it. Today, the flexible system of protecting refugees and asylees, established in 1980, is giving way to policies that weaponize them.

It offers a historical analysis of US refugee and asylum policies, as well as xenophobic and nativist attitudes toward refugees. It places Trump administration refugee policies in three categories: those that abandon longstanding US legal principles and policies, most notably non-refoulement and due process; those that block the entry of refugees and asylees; and those that criminalize foreign nationals who attempt to seek asylum in the United States.

The article concludes with an analysis of public opinion research to square the growing public support for refugees and asylees shown in polling data with the subgroup popularity of Donald Trump’s harsh xenophobic rhetoric and policies. These seemingly contradictory trends are consistent with research on right-wing populism. It argues that the restoration of generous humanitarian policies requires robust civic engagement and steadfast legislative efforts.

Journal on Migration and Human Security Volume 8, Issue 3, September 2020, Pages 246-265

By Donald Kerwin and Brendan Kerwin

This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.

By Karolina Sobczak-Szelc, Marta Pachocka, Konrad Pędziwiatr, Justyna Szałańska, Monika Szulecka

This book sheds light on the complex experiences of asylum seekers and refugees in Poland, against a local backdrop of openly anti-refugee political narratives and strong opposition to sharing the responsibility for, and burden of, asylum seekers arriving in the EU. Through a multidimensional analysis, it highlights the processes of forced migrant admission, reception and integration in a key EU frontier country that has undergone a rapid migration status change from a transit to a host country. The book examines rich qualitative material drawn from interviews conducted with forced migrants with different legal statuses and with experts from public administration at the central and local levels, NGOs, and other institutions involved in migration governance in Poland. It discusses both opportunities for and limitations on forced migrants’ adaptation in the social, economic, and political dimensions, as well as their access to healthcare, education, the labour market, and social assistance. This book will be of particular interest to scholars, students, policymakers, and practitioners in migration and asylum studies, social policy, public policy, international relations, EU studies/European integration, law, economics, and sociology.

London; New York: Routledge, 2023. 256p

Edited by Kimberly Gauderman

This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, and sociology have regularly supported the work of immigration lawyers and contributed to public debates on immigration reform, but the academy contains untapped scholarly expertise that, guided by the resources provided in this handbook, can aid asylum seekers and refugees and promote the fair adjudication of asylum claims in US courts. As the recent refugee crisis of immigrant mothers and children and unaccompanied minors has made clear, there is an urgent need for academics to work with other professionals to build a legal framework and national network that can respond effectively to this human rights crisis.

Oakland, CA: University of California Press, 2023. 211p.

Edited by Irina Isaakyan, Anna Triandafyllidou, Simone Baglioni

Through an inter-subjective lens, this open access book investigates the initial labour market integration experiences of these migrants, refugees or asylum seekers, who are characterised by different biographies and migration/asylum trajectories. The book gives voice to the migrants and seeks to highlight their own experiences and understandings of the labour market integration process, in the first years of immigration. It adopts a critical, qualitative perspective but does not remain ethnographic. The book rather refers the migrants’ own voice and experience to their own expert knowledge of the policy and socio-economic context that is navigated. Each chapter brings into dialogue the migrant’s intersubjective experiences with the relevant policies and practices, as well as with the relevant stakeholders, whether local government, national services, civil society or migrant organisations. The book concludes with relevant critical insights as to how labour market integration is lived on the ground and on what migrants ‘do’ with labour market policies rather than on what labour market policies ‘do’ to or for migrants.

Cham: Springer, 2023. 231p.

By Tom K. Wong 

On May 13th, 2023, the U.S. Immigration Policy Center (USIPC) at UC San Diego interviewed asylum seekers detained by Border Patrol (BP) in the Jacumba desert. Over 1,000 people seeking asylum and refuge from nearly every part of the world were held in three makeshift encampments on the U.S. side of the U.S.-Mexico border without adequate food, water, or shelter. Under the hot desert sun, the USIPC donated supplies and joined volunteers as they brought food, baby food, water, hygiene kits, clothes, blankets, diapers, and other supplies to these migrants. Using stratified random sampling during aid distribution in Camp 2, USIPC conducted fifteen structured interviews with asylum seekers. With approximately 150 people in Camp 2, these interviews represent a 10 percent sample. These data make clear that despite assertions by Border Patrol that the migrants were not being detained, they were surrounded by Border Patrol agents and would be apprehended if they tried to leave. This is consequential because those in Border Patrol custody, according to the U.S. Customs and Border Protection (CBP) National Standards on Transport, Escort, Detention, and Search (TEDS), are entitled to basic humane treatment. The asylum seekers that we interviewed were only given one water bottle each day in the morning, were not given any food, were not given any shelter to protect themselves from the sun, and were not given blankets to keep themselves warm at night. Lastly, the data show that those seeking asylum have been ignored by Border Patrol agents, have been unable to formally request asylum, and have been denied due process.   

La Jolla, CA:  US Immigration Policy Center University of California San Diego (UCSD), 2023. 8p.

By Josiah Heyman, Jeremy Slack, Daniel E Martínez

United States Border Patrol agent Matthew Bowen allegedly hit an undocumented migrant with his truck in November 2017. In preparation for trial, federal prosecutors revealed that Bowen had a history of making derogatory statements about migrants in text messages, including calling them “disgusting subhuman shit unworthy of being kindling for a fire.” Mr. Bowen’s attorney tried to suppress the disclosure of his text messages, offering the damning argument that this attitude was “commonplace throughout the Border Patrol’s Tucson Sector,” and “part of the agency’s culture”(Elfrink 2019). This case is not isolated, and our evidence raises serious concerns about a new proposal to have Border Patrol agents function as asylum officers.

The Trump administration has proposed that about 60 Border Patrol agents serve as asylum officers at the US-Mexico border (Taxin 2019). These agents would receive an unspecified period of training. 1 Their role would be to conduct initial interviews to determine whether asylum-seekers have a credible fear of returning to their countries or should be sent back. Those who pass such interviews can seek asylum before an immigration judge (ibid.). This process applies to people entering without authorization at the Mexican border, either presenting themselves without visas at ports of entry or entering without inspection. Despite it being legal to cross the border and request asylum, Border Patrol agents and Customs and Border Protection (CBP) inspectors are otherwise trained to target unauthorized border crossings as violations of the law. Border Patrol agents-

New York: Center for Migration Studies, 2019. 9p.

By Myrthe Wijnkoop, Stefan Kok, Anouk Pronk, Kathleen Bush -Joseph, Robin Neumann, Monika Sie and Dhian Ho

In this study, ‘In Search of Control’, current developments on access to asylum procedures and humanitarian protection in five destination countries have been studied through five separate country reports. In the synthesis report, results are compared and analysed, looking at which lessons can be learned from the North American context (Canada, United States), the European context (Denmark, the Netherlands) and the context in the Pacific (Australia). Our research shows that all these destination states are facing the same balancing act in search of control of migration. Therefore, they could and should learn from each other’s experiences in tackling this challenge. Firstly, there is a common humanitarian duty and responsibility to provide protection to those in need while demonstrating solidarity with regions facing heightened challenges due to refugee pressures and other geopolitical crises. Secondly, due to an aging population these states face increasing labour shortages, for which migration is needed. Thirdly, states want to remain in control over their borders and want to manage the influx and admission of migrants. Due to this balancing act, there are no ‘quick fixes’ in dealing with asylum migration. As these interrelated challenges are part of a global issue, innovative ways forward need to be based on solidarity and cooperation taking into account mutual interest; of those seeking protection, host countries in the region, transit countries becoming destination countries, communities within traditional destination countries, and of other destination states. To facilitate such cooperation, a clear legal framework with sound preconditions and safeguards is needed to ensure both effectiveness and the protection of the rights of refugees and migrants. This study identifies ten policy approaches that have been initiated or considered by these ‘destination states’ in order to either provide or limit access to asylum procedures and other forms of humanitarian protection. These approaches vary from interdiction to legal pathways, and from procedural measures to strategic communication, as will be briefly described below.

The Hague: Netherlands Institute of International Relations ‘Clingendael, 2024. 360p.

Josiah Heyman, Chair; Roberto Álvarez; Julie Peteet; Reinhard Bernbeck ; Zahir Ahmed;Fabian Crespo

Themes:

Connection between displacement and borders/walls ➢ Historical depth to structural means of inclusion/exclusion ➢ Walls include/exclude and define parameters of belonging and rights/privileges ➢ Violence – pervasive - overt and always a potential ➢ Climate change and its impacts are going to trigger massive flows north (We haven’t done much on this topic, but it is certainly on the horizon) ➢ North-South global divide – fortress north; global apartheid continues to take shape and adapt to changing circumstances ➢ Unevenness in mobilities ➢ Booming and lucrative industry around control over mobility from actual building of walls to surveillance technologies (i.e., vested interests are at work) ➢ Documentary regimes – as an accompaniment to borders and walls from identity cards to passports to possible, impending health passports. ➢ Environmental impact is serious ➢ Human Rights violations – mobility as a human right; the right to seek asylum

Arlington, VA; American Anthropological Association, 2021. 131p.

By  Jane Linekar, Jennifer Vallentine

This paper on “children and youth in mixed migration” summarizes some key messages on the topic, and with an aim to provoke thoughts on how to address information gaps and take into account the specific dynamics, needs and vulnerabilities of children and youth travelling on mixed migration routes. The annex brings together in one resource all our research publications on children and youth.

London/Denmark: Mixed Migration Centre, 2023. 8p

By  Ana-Maria Murphy-Teixidor and Flannery Dyon

There is limited research on mixed migration in Tunisia, and there is a particular dearth of data pertaining to the experiences of migrating and displaced children and youth. To help fill this gap, this study explores the profiles, routes, and vulnerabilities of migrating and displaced children and youth in Tunisia, drawing from more than 1,500 surveys with caregivers and youth, and additional key informant interviews with children, youth, caregivers, and service providers. Through its comprehensive analysis and recommendations, this study seeks to provide a stronger evidence base for practitioners and policy makers working in child protection both in Tunisia, and along mixed migration routes to Tunisia. 

London: Mixed Migration Centre and Save the Children, 2021. 36p

By Mixed Migration Centre

Protracted conflict, instability and underdevelopment has perpetrated longstanding displacement and migration flows out of Afghanistan toward Europe. Irregular migrants from Afghanistan generally take one of two routes to Western Europe, namely the Eastern Mediterranean or the Western Balkans Route. Both of these frequently used routes expose migrants to protection risks ranging from death to physical assault to theft, perpetrated not only by irregular actors such as smugglers, but also by border forces.

London/Denmark: Mixed Migration Centre, 2023. 68p

By Ximena Canal Laiton

This paper explores the migration experiences of children and caregivers on the move in Honduras. The research project was developed by the Mixed Migration Centre (MMC), the Centro de Desarrollo Humano (CDH), and the United Nations Children‘s Fund (UNICEF) Honduras to gather evidence regarding children on the move throughout Latin America and the Caribbean. The study contains an analysis and findings on children‘s and caregivers‘ travel conditions and impacts, perceived and experienced security risks during the journey, an Honduras through the 4Mi project.d humanitarian needs identified by caregivers surveyed in

CDH, MMC, UNICEF, 2023. 15p

By Simon Tomasi, Daniely Vicari

This paper explores the use of social media by Venezuelan refugees and migrants as they head north through the Latin America and Caribbean (LAC) region. It is based on an analysis of 4Mi surveys conducted in Honduras, qualitative data obtained through semi-structured interviews conducted in Colombia and Costa Rica, and focus groups held in Colombia and Peru.

This paper details survey respondents’ profiles, their preferred social media and messaging platforms, the reasons they communicate through these networks, and the connectivity challenges they face in accessing them. It also explores respondents’ most trusted sources of information, the persistence of information gaps and the risks associated with the presence of smugglers in digital spaces.

This paper’s findings aim to build a solid evidence base that will strengthen knowledge about Venezuelan refugees’ and migrants’ social media habits and guide humanitarian actors’ engagement with digital platforms.

Denmark: Mixed Migration Centre, 2023. 14p.

By The Mixed Migration Centre

This snapshot examines the use of smuggling among Cambodians and Laotians on their journey to Thailand. It examines respondents’ reasons for leaving their country of origin, access to smuggling services, and protection incidents experienced en route, as well as the involvement of state officials in smuggling between Cambodia-Thailand and Lao PDR-Thailand.

Denmark: Mixed Migration Centre, 2023. 12p.

By The American Immigration Council

New research from the American Immigration Council shows that immigrants in Santa Fe County paid over $122 million in taxes and held over $365 million in spending power in 2019. The new report, New Americans in Santa Fe County, was prepared in partnership with the City of Santa Fe’s Office of Economic Development and Somos Un Pueblo Unido. 

The report also features four profiles of community members: Ana Magaña, Iris Madely Alay, Verónica Velázquez, and Gretel Barrita. 

In 2019, more than 16,000 immigrants lived in Santa Fe County, accounting for 11.1 percent of the total population. Immigrants represented 15.2 percent of its working age population and 15.0 percent of its employed labor force, despite making up 11.1 percent of the county’s overall population. 

Washington, DC: American Immigration Council, 2023. 11p.

By Christina Asencio and Rebecca Gendelman

Five months after the Biden administration initiated its new bar on asylum, the policy continues to strand vulnerable people in places where they are targets of widespread kidnapping, torture, and violent assaults. People seeking asylum are forced to risk their lives waiting in danger in Mexico for one of the limited CBP One appointments or risk suffering the ban’s punitive asylum denials or wrongful returns to harm and persecution if they attempt to seek protection at a port of entry or cross outside ports of entry without a CBP One appointment. The targeting of migrants and asylum seekers waiting for these appointments has risen sharply recently, driving many people to cross the border in urgent search of safety. Humanitarian workers assisting asylum seekers forced to wait in Mexico are also facing alarming—and increasing—risks as well.

This harmful bar on asylum (the “asylum ban”) is a new iteration of similar transit and entry bans promulgated by the Trump administration that federal courts repeatedly struck down because they violated U.S. law. A federal district court ruled in July that the Biden asylum ban is unlawful, but it remains in place while on appeal. The asylum ban renders nearly all asylum seekers who traveled through another country on their way to the U.S. southern border ineligible for asylum due to their transit routes and/or manner of entry unless they (1) applied for and were denied asylum in one of those countries (regardless of their safety there), or (2) managed to secure one of the asylum ban’s limited “pre-scheduled” appointments to enter at an official port of entry. To try to get a U.S. port of entry appointment, people seeking asylum (as well as other migrants who are not seeking asylum) are left to struggle to obtain an appointment via CBP One, a smartphone app that operates much like a daily lottery and is plagued by deficiencies that impede equitable access.

Not only does the asylum ban violate both U.S. and international law, but it has generated strong and diverse opposition from faith groups, Holocaust survivors, major unions, civil rights organizations, members of the president’s political party and other key Biden administration allies. President Biden should honor his campaign promise to end such restrictions by bringing this harmful policy—which his administration has pledged is only temporary—to its end now. Every day that it is left in place, it endangers refugees’ lives and subverts refugee law.

Instead, the Biden administration should double down on some of the effective, humane, and legal policies that it has already initiated or announced, and reject those that punish, ban, and block people seeking asylum, contrary to core tenets of international refugee protection. Key steps include to: quickly ramp up plans to expand regional refugee resettlement, strengthen the administration’s pivotal parole initiatives, increase critical aid to address regional protection gaps driving many to flee north, urgently increase support for safe shelter and other dire needs of people waiting in Mexico, uphold fundamental human rights in regional migration coordination, maximize access to asylum at ports of entry, properly staff asylum and immigration court adjudications, and improve and restart use of the Biden administration’s new asylum processing rule to help adjudicate a greater number of asylum cases more efficiently.

New York: Human Rights First, 2023. 67p.

By Luciana Gandini and Andrew Selee

More than half, and as many as two-thirds, of the estimated 6.4 million displaced Venezuelans who have settled in Latin America and the Caribbean since 2016 have been granted legal status in their host country. Most of the receiving countries in the region have responded with pragmatic measures that offer some form of legal status as well as the right to access the labor market, basic education, and emergency health care. The measures implemented are uneven and often not fully institutionalized, but they have been surprisingly generalized for a region with limited experience with large-scale immigration.

This report explores the response to Venezuelan displacement in the 15 principal host countries in Latin America and the Caribbean between 2016 and 2022. It examines the reach of different mechanisms for providing legal status and humanitarian protection—asylum systems, mobility and residence agreements, regular visas, and regularization campaigns that offer temporary status—and offers estimates of the share of Venezuelans in each country who have obtained legal status.

The report also considers the trend of governments coupling measures to provide legal status with new visa requirements that have made it increasingly difficult for more Venezuelans to arrive, pushing some into irregular migration channels. Finally, the report looks at variations in Venezuelans’ access to education and health care across the 15 countries.

Washington, DC: Migration Policy Institute, 2023. 55p.

By the Asylum Seeker Resource Centre

The release of this report marks ten years since Australian Prime Minister, Kevin Rudd, made the choice to send over 3000 men, women and children who sought asylum by sea to offshore detention centres and deny them permanent resettlement. The report touches on the stories of seven people subjected to offshore detention since July 19, 2013. The people interviewed and the Asylum Seeker Resource Centre call for the immediate evacuation of the 80 people remaining in Papua New Guinea (PNG), permanent resettlement for all, and a Royal Commission into offshore detention. The Albanese Government evacuated refugees from Nauru. However, people are still trapped in PNG and thousands have been denied the ability to rebuild their lives in Australia.

Footscray VIC : ASRC, 2023. 29p.

By Isabel Gil-Everaert https://orcid.org/0000-0001-6426-2igil@colmex.mx, Claudia Masferrer, and Oscar Rodríguez Chávez

This paper explores the ways in which contemporary mobility dynamics in Mexico have changed over the last decade, leading to protracted displacement. It focuses on three populations: (1) the internally displaced due to violence; (2) Mexican nationals returning from the United States, both voluntarily and due to deportation; and (3) populations seeking asylum in Mexico and the United States. These three populations are not usually analyzed together and do not squarely fall under the traditional legal definitions. The paper outlines ways that situations of protracted displacement and insecurity present challenges in four interconnected arenas of life: housing, legal status, employment, and emotional well-being. For governments and local communities, protracted displacement requires immediate humanitarian responses and the development and implementation of public policies focused on integration. The paper concludes with a set of policy recommendations based on its findings.

Journal on Migration and Human SecurityVolume 11, Issue 1, March 2023, Pages 125-148