California Dreaming: The New Dynamism in Immigration Federalism and Opportunities for Inclusion on a Variegated Landscape

Suro, Roberto

doi:10.14240/jmhs.v3i1.41

Cited by 12 publications

(15 citation statements)

References 18 publications

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“…In San Francisco County alone, 15 percent of the city’s population is Latino/a, and half of the Latino/a population is of Mexican origin (US Census Bureau 2016). In addition, immigrants benefit from strong community supports, and a variety of state and local policies that promote immigrant integration (Suro 2015; Weissman et al 2018).…”

Section: Contextualizing Binational Family Rights Protection At Natiomentioning

confidence: 99%

Family Matters: Claiming Rights across the US-Mexico Migratory System

Hagan

Martínez-Schuldt

Peavey

et al. 2018

Journal on Migration and Human Security

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Executive Summary Immigration and Nationality Act of 1952 (INA) created an immigration system favoring the immigration of spouses, children, and parents of US citizens, thereby establishing family unity as the cornerstone of US immigration policy. Despite this historical emphasis on family unity, backlogs and limited visas for non-immediate relatives of US citizens and legal permanent residents, the militarization of the US-Mexico border, punitive measures for those who enter without inspection, such as the forced separation of children from their parents at the US border, and an aggressive policy of deportation have made it more difficult for members of Mexican binational families to unify. How do members of Mexican binational families manage the hardships that result from US immigration policies that prolong and force family separation? Immigrants and return migrants alike may not be aware of their rights and the legal remedies that exist to enforce them. Structural barriers such as poverty, legal status, fear of deportation, lack of proficiency in English, and lack of familiarity with government bureaucracies no doubt prevent many migrants in the United States and return migrants in Mexico from coming forward to request legal assistance and relief in the courts. Despite these barriers, when it comes to family matters, members of some Mexican binational families can and do assert their rights. In this article, we analyze an administrative database of the Department of Legal Protection of the Mexican consular network that documents migrant legal claims resulting from family separation, along with findings from 21 interviews with consular staff and community organizations in three consular jurisdictions — El Paso, Raleigh, and San Francisco — to investigate the sociolegal processes of claims. Our investigation centers on the mediating role the Mexican state — via its consular network — has developed to assist binational families as they attempt to assert their rights and resolve child support and child custody problems resulting from prolonged and forced family separation. We find that the resolution of binational family claims in part depends on the institutional infrastructure that has developed at local, state, and federal levels, along with the commitment and capacity of the receiving and sending states and the binational structures they establish. These binational structures transcend the limitations of national legal systems to achieve and implement family rights and obligations across borders.

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Section: Contextualizing Binational Family Rights Protection At Natiomentioning

confidence: 99%

Family Matters: Claiming Rights across the US-Mexico Migratory System

Hagan

Martínez-Schuldt

Peavey

et al. 2018

Journal on Migration and Human Security

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“…14 An estimated 262,000 persons are eligible for both DAPA and DACA. In the absence of federal legislation, a dynamic new immigration federalism has emerged, with states and localities taking remarkably diverse approaches to unauthorized residents and their family members, ranging from strategies to exclude, marginalize, and spur their "self-deportation," to measures that would extend to them many of the benefits and conditions of legal residency (Suro 2015).…”

Section: Policy Discussionmentioning

confidence: 99%

Beyond DAPA and DACA: Revisiting Legislative Reform in Light of Long-Term Trends in Unauthorized Immigration to the United States

Warren

Kerwin

2015

Journal on Migration and Human Security

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In December 2014, the Center for Migration Studies of New York (CMS) released a paper that provides new estimates of the US unauthorized resident population (Warren 2014). The paper describes the development of a new dataset which has detailed information about unauthorized residents, derived from data collected in the US Census Bureau's American Community Survey (ACS). The dataset will be useful to scholars, researchers, service-providers, and government officials in crafting, implementing, and evaluating programs that serve noncitizens, including the unauthorized. In addition, the new estimates provide an opportunity to examine the dramatic changes in unauthorized immigration in the past two decades and the assumptions that have shaped US policies and public opinion. The new dataset, recent estimates of the unauthorized (Warren and Warren 2013) and statistics on the noncitizen population from IPUMS-USA (Ruggles et al. 2010) highlight several trends related to the decline in the unauthorized population, particularly from Mexico, and the increasing salience of visa overstays in constituting this population. Some trends defy conventional wisdom and all of them have public policy consequences. In particular, we find that: • The unauthorized resident population was about a million lower in 2013 than in 2007. • The “Great Recession” was not the principal cause of population decline. • Annual arrivals into the unauthorized population increased to more than one million in 2000, then began to drop steadily, and have now reached their lowest levels since the early 1980s. • From 2000 to 2012, arrivals from Mexico fell by about 80 percent. • Between 2010 and 2013, the total unauthorized population from Mexico declined by eight percent. • In 2006, the number of arrivals from Mexico fell below the total number of arrivals from all other countries (combined) for the first time. • The number who stayed beyond the period authorized by their temporary visas (overstays) exceeded the number who entered across the southern land border without inspection (EWIs) in each year from 2008 to 2012. While the CMS estimates are based on sample data and assumptions that are subject to error, these trends are consistent with the best empirical information available. In November 2014 the Obama Administration announced an unprecedented set of executive action initiatives. At this writing, the Deferred Action for Parental Accountability (DAPA) program and the expanded Deferred Action for Childhood Arrivals (DACA) pr...

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“…To be sure, immigration has always had multiscalar consequences in those federations but, after the Second World War, most subnational governments disengaged from direct immigration policymaking (e.g. Jupp, 2002;Barker, 2015;Law, 2015;Suro, 2015). The results of this renewed attention and activity have been different from country to country and from subnational unit to subnational unit.…”

Section: Rescaling and The New Subnational Migration Statesmentioning

confidence: 99%

Subnational Migration States and the New Politics of Immigration

Paquet¹

2019

International Migration

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Using Catherine Dauvergne's The New Politics of Immigration and the End of Settler Society (2016) as a starting point, this article explores subnational policy dynamics in Canada, Australia and the United States. It considers whether the trends associated with legalization, twostep programmes, rapid policy changes and economic discourses are present in Canadian provinces as well as in U.S. and Australian states. It shows that the forces described by Dauvergne contribute to a further rescaling of policymaking and to the emergence of subnational migration states. However, this article also demonstrates that this common movement varies in its consequences and identifies two central subnational policy responses typical of the new politics of immigration: 1) the "economic subnational migration state" (Canada and Australia) and 2) the "access subnational migration state" (United States). The models and the global trends described in this article have implications for immigration policymaking in federations.

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California Dreaming: The New Dynamism in Immigration Federalism and Opportunities for Inclusion on a Variegated Landscape

Cited by 12 publications

References 18 publications

Family Matters: Claiming Rights across the US-Mexico Migratory System

Family Matters: Claiming Rights across the US-Mexico Migratory System

Beyond DAPA and DACA: Revisiting Legislative Reform in Light of Long-Term Trends in Unauthorized Immigration to the United States

Subnational Migration States and the New Politics of Immigration

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