Political Science 126C / Chicano/Latino Studies 163 Lecture 6 January 27, 2007

1. Migrations Other Than to Legal Permanent Residence(Contemporary Border Enforcement Discussed Thursday) Political Science 126C / Chicano/Latino Studies 163 Lecture 6 January 27, 2007

2. Most Immigrants Are Temporary

3. Among Non-Visitors

4. The Numbers (2007)

5. “Non-Immigrant Admissions” Not Our Focus • We should be attentive to whether changes in law or policy shape the numbers of these immigrants • When do they enter the debate? • Immigration and security concerns • Difficulties in obtaining visas leading to complaints from businesses, families, and universities • New security requirements on entry leading to complaints from other countries and efforts to reciprocate with visitors from the United States • A small share of “visitors” overstay their visas for an extended time each year • 200,000-250,000 out of 33.7 million (7/10 of 1%)

6. Themes for Today • Refugees/asylees • Unauthorized migrants

7. Some Definitions • Refugee: • Outside country or nationality of residence; • Have a “well-founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion;” and • Unable or unwilling to avail themselves of the protection of that country, or to return there, for fear of persecution • Asylee – status granted once in country of new residence • Guided by United Nations conventions and international treaties that leave a great deal of discretion to receiving countries • Administered by U.N. High Commissioner of Refugees (UNHCR)

8. Origins of Contemporary Refugee Policy • Global • Forced migration during and after World War II • Establishment of U.N. High Commissioner for Refugees (1950) • Increased global awareness of humanitarian disasters • United States • Response to Cold War foreign policy imperatives • Post-Cold War – unclear and intermittent implementation of refugee policies

9. Estimates of Global Refugee Population, 2006

10. U.S. Refugee Admissions, 2006

11. U.S. Asylee Admissions, 2006

12. U.S. Refugee/Asylee Admission Requirements • President sets annual ceiling on refugee admissions – 80,000 in 2009 • Eligibility • U.N. Standards, plus • “Special humanitarian concern” to U.S. • Be admissible under immigration law • Not be firmly settled in another country • Subject to a background check after case review • Applicants reviewed on a case by case basis

13. Highly Controversial Policy • Claims hard to adjudicate • Review requires applicants to prove eligibility, but nature of refugee status is that evidence is hard to come by • Review is by the same agency responsible for immigration enforcement, so mistrust of applicants high • For asylees, a higher burden – most are in an unauthorized status at time of application

14. Looking to the Future • With end of Cold War, U.S. lost its focus on refugee/asylum • In eras of controversies about immigration policy (of which refugee/asylum plays a small role), it is unlikely that a new focus will emerge • U.S. role as a global leader is undermined by failure to commit to support of UNHCR goals

15. Themes for Today • Refugees/asylees • Unauthorized migrants

16. Why “Unauthorized” Immigrants? • “Undocumented” misses the fact that many either entered with legal documents or have false documents • Several statuses are unclear (immigrants in the process of applying) – TPS, asylum, family beneficiaries

17. The 1965 Law and Unauthorized Migration • Labor demand • Sectors of U.S. economy dependent on immigrant labor • Sending countries/families dependent on migration opportunities • Erratic enforcement of immigration law • Family unification that can’t be met through immigration to permanent residence • Unrelated to 1965 Law • Weakening of sending country economies • Political unrest in sending countries

18. Roots of Two-Track Migration • Unregulated migration flows have always existed • No concept of “unauthorized migration” until some barred from migration – 1882 • First came to national awareness – 1920s • Policy response – first legalization program • When 1965 Act passed • Ongoing cyclical migration from Mexico and the Americas (legacy of Bracero Program) • Visa overstays by people eligible for short-term visas with weak/non-existent enforcement

19. Paths to Unauthorized Migration • Crossing borders without entry documents • Generally the focus of enforcement efforts • Overstaying temporary visas • Government does not track all exits, so not possible to determine how many have overstayed visas • Best estimate today that 45 percent of unauthorized immigrants initially entered on a visa

20. First Major Reform – IRCA (1986) • Response to fear of “12 million illegal immigrants” published in 1976 (not true in 1976) • Three part “reform” • Legalization • Employer sanctions • “Replacement” agricultural labor

21. Who are the Unauthorized? • No easy answer because data are hard to come by • Key dimensions for policymakers (and for immigration reform debates) • Numbers • Countries of origin • Length of residence in U.S. • Family composition • Occupational composition • Educational attainment • Income and poverty rates

22. Estimating Numbers • Most reasonable demographic estimates • 11.5-12 million • 1.6 million are under 18 (3.1 million U.S. citizen children live in homes headed by an unauthorized immigrant) • As many as 45 percent entered on some legal status and overstayed visa • Some anti-immigration spokespeople use figure 20 million (includes U.S. citizen children of unauthorized migrants)

23. Sources of Unauthorized Migrants Unauthorized immigrants resident in U.S., 2004 9% 24% 57%

24. Period of Arrival of Unauthorized Immigrants Unauthorized immigrants resident in U.S., 2004 14% 30% 21% 35%

25. Composition of Families Headed by Unauthorized Immigrants Unauthorized immigrants resident in U.S., 2004 22.3% 32.3% 11.5% 28.1%

26. Children of Unauthorized immigrants Unauthorized immigrants resident in U.S., 2004 13% 12% 20% 55%

27. Occupations of the Unauthorized, 2004

28. Educational Attainment, By Status

29. Income by Immigration Status, 2004

30. Change in Incomes After Ten Years in U.S., By Status

31. Poverty Rates, By Status, 2004

32. Demography and Issues for Policy Makers • Deportation, attrition, legalization, or the status quo • Does high share of Mexican origin make a difference? • Does length of residence make a difference? • Should children be viewed differently? • Children who migrated with their parents • U.S. citizen children in unauthorized families • If there is some legalization, will the nation need to invest in the newly legalized to ensure their success?