Migrants Make Family Back Home Critical of Government

By Clarisa Pérez-Armendáriz and David Crow*

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A mural depicting the transnational migrant experience. / Max Herman / Flickr / Creative Commons

Latin American citizens who discuss politics and belong to a transnational household – a household in which at least one member lives abroad – are more critical of their democracy than those who discuss politics but have no household members abroad.  In our recently published report, we use data from 2006-08 Americas Barometer surveys in 20 Latin American countries to demonstrate that among transnational household members (THMs) with an emigrant living in the United States, assessments of how democratic their country is, satisfaction with their country’s currently existing democracy, and pride in their democratic system all decline as discussions about politics become more frequent.

THMs talk about politics with their emigrant household members across international borders.  When they hear about the political and social system in the U.S., they become more aware that they have reason to be critical of their system’s performance, and judge their own democracy more harshly.  Skeptics counter that migrants and their children – particularly ethnoracial minorities – are marginalized, second-class members of receiving societies, which would logically alter the impact of their communications with THMs.  Public opinion polls show, however, that immigrants embrace and adopt their host country’s political beliefs and behaviors within as little as two years and that their social, political, and religious organizations give them a feeling of civic engagement they did not have back home.  Furthermore, even when conditions abroad are difficult, civil liberty protections in the U.S. enable immigrants to mobilize politically and to demonstrate a greater sense of personal efficacy – two traits that THMs respect.

  • Even absent cross-border political discussions, having a household member abroad shifts THMs’ sense of political community to include co-nationals living both at home and abroad. In turn, THMs expect their government to deliver the goods of democracy to its citizens wherever they live.  Data from the Mexico, the Americas, and the World survey in 2014 provide initial support for this claim.  Among Mexican THMs, 65 percent described “protecting nationals abroad” as a very important foreign policy objective, compared to 52.8 percent of non-THMs.  Furthermore, this policy emphasis indirectly influenced negatively their feelings toward President Enrique Peña Nieto, giving him a slightly lower “thermometer score.”
  • To the extent that THMs’ everyday talk (with other THMs or non-THMs living in Latin America) about politics revolves around this transnational sense of community (in contrast to the narrower national identity of non-THMs) THMs become aware that they have even more reasons to be critical of their government’s performance than do fellow citizens without migrant connections. Our analysis of this rests entirely on the case of Mexico, but we believe it holds elsewhere in Latin America since, of all the countries in the region, Mexico provides the most extensive range of services to its citizens abroad.

The 2006-08 Americas Barometer data that we used predates major shifts in U.S. immigration policy during President Obama’s term and, in particular, the hard shift in rhetoric, roundups of undocumented migrants, and deportations during these first months of the Trump Administration.  The sense of political efficacy that democratic rights to mobilize and protest produces among immigrants may decline in impact if, as reported, migrants are keeping a low profile out of fear of capture or harassment.

July 5, 2017

 *Clarisa Pérez-Armendáriz is an Assistant Professor at Santa Clara University. Her research, which focuses on how immigrants influence politics in their origin countries, has appeared in Comparative Political Studies and Studies in Comparative International Development.  She is also a participant in the Robert A. Pastor North America Research Initiative.

*David Crow is an Associate Professor of International Studies at CIDE (Mexico City). He is co-PI (and past director) of the Americas and the World survey on international relations and the Human Rights Perceptions Polls, and formerly Associate Director of the Survey Research Center at UC Riverside.  His research has appeared in Comparative Politics, Comparative Political Studies, Political Psychology, Human Rights Quarterly, and elsewhere.

Mexico: Racing Against Trump’s Immigration Crackdown

By Carlos Díaz Barriga*

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Southwest border crossing. / U.S. Customs and Border Protection / Flickr / Creative Commons

U.S. President Donald Trump’s failure in his first 100 days to fulfill his most aggressive campaign promises affecting bilateral relations may have calmed nerves in Mexico, but the Peña Nieto Administration is moving ahead with efforts to mitigate the impact of thousands of returning immigrants.  Trump apparently has given up on making Mexico pay for his proposed border wall, and the U.S. Congress doesn’t want to foot the bill either.  He has also toned down his threats to pull out of NAFTA – “the worst trade deal ever” – and seems to be edging toward a more modest renegotiation.  But one pledge the Administration seems eager to meet is ramping up deportations of undocumented immigrants from Mexico.  Trump is not immediately deporting the millions of “bad hombres,” as he initially promised, but he is steadily deporting thousands, including many who do not have criminal records in the U.S.  There are even stories of Trump supporters shocked at the deportation of law-abiding and tax-paying business owners.  Moreover, while he assured Dreamers – youths brought to the United States as children – to “rest easy,” there are reports of U.S. immigration detaining some of these working and tax-paying youth.

The threat of mass deportations involving millions still looms large, and Trump’s unpredictability to settle on a course of action is increasing pressure on Mexican officials to act fast to mitigate the impact of the returning immigrants.

  • At its consulates in the United States, the government is actively helping those at risk of being deported, providing legal services to ensure due process in locales as far-ranging as Indianapolis and New Orleans. Foreign Minister Luis Videgaray continues to confidently declare that Mexico will fight for immigrants and stand up to U.S. immigration authorities.  (He has also cast it as a human rights issue, spurring accusations of hypocrisy from critics concerned about Mexico’s treatment of Central American migrants.)
  • President Peña Nieto has enacted a reform to the General Law of Public Education facilitating Dreamers’ entry into Mexico’s education system, accrediting their U.S. education and helping those without proper Mexican documentation. Critics have called his public appearance with deportees opportunistic, a ploy to get much-needed positive media coverage, but the measures like those in education have real benefit for returnees.
  • Specific industries in Mexico are looking for specialized workers in the returning immigrants. The Mexican Association of Armored Vehicles (AMBA) estimated the availability of 50,000 thousand jobs for deportees in the areas of private security, armored car manufacturing, and transportation of valuables.  As violent crimes have risen again in Mexico, this industry is in need of workers.  Call centers are also actively recruiting.  Their only requisite is fluency in English; no other experience is necessary.

Many Mexicans’ perception of Trump as unpredictable and erratic tempers any optimism about bilateral relations even though Foreign Minister Videgaray seems to have established a viable dialogue with Trump’s son-in-law, Jared Kushner.  The return of the deported immigrants is an area in which the government is being given a second opportunity to show compassion for citizens.  The migrants left Mexico for concrete reasons, however, and some are questioning whether Peña Nieto’s administration will be able to address them.  Providing legal assistance to those at risk of deportation and facilitating education for Dreamers are important gestures, but they do not offer a viable long-term strategy.  The bigger picture is still suddenly having millions of Mexicans back in the country with no job prospects.  Trump’s delays on the border wall and mass deportations give the Mexican government time to come up with effective solutions, but such a massive disruption, especially coupled with the uncertainty over the future of NAFTA and the Mexican economy, is probably too much for any government to handle.

May 12, 2017

* Carlos Díaz Barriga is a CLALS Graduate Fellow.

U.S. Immigration Policy Propels an Invigorated Sanctuary Movement

By Alexandra Délano Alonso*

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A new logo for the sanctuary movement. / Public Domain

The Trump administration’s expansion of an already enlarged deportation apparatus and its attempt to establish a ban against immigrants from targeted countries has intensified the Sanctuary Movement and driven it to explore new ways of protecting undocumented migrants and other groups that are under attack.  The new policies have generated a wave of protests and institutional responses from activists, lawyers, and immigrant-serving organizations as well as in higher education across the country.  Just days after the November election, hundreds of thousands of students, faculty, and staff at over 190 schools, colleges, and universities supported petitions calling on their respective administrations to declare their campuses sanctuaries.  The campaigns want schools to commit to withhold information from immigration enforcement authorities and disallow the presence of those authorities on campus without a court order or warrant, as well as establish institutional support to ensure that students with precarious migration status have access to the resources they need.  At the same time, there are almost three hundred sanctuary cities, counties, and states, which are at the center of Trump’s promises to cut federal funding to any local or state government that adopts this stance of defiance.  Republican Members of Congress in January introduced a bill (HR 483) to cut funding to universities that declare sanctuary.

  • The Sanctuary Movement has historical roots. In the 1980s, 400 religious congregations around the United States helped refugees from Central American wars enter the country.  In addition to challenging discriminatory U.S. immigration practices, the movement condemned U.S. support for the governments prosecuting those wars.  Years of effort led to legislation granting Temporary Protected Status (TPS) to Central American refugees.
  • More recently, a New Sanctuary Movement emerged in 2007 in response to mass deportations of undocumented immigrants. It emphasized raising public awareness about the individual lives at stake and pressing for legislative reform.  Today’s resistance is an outgrowth of the George W.  Bush and Barack Obama Administrations’ raids, deporting almost 3 million individuals, and the massive immigrant detention system that they expanded.

Many cities, universities, and NGOs have backed away from the concept of sanctuary in response to Trump’s threats, arguing that the risk of losing federal funding or of putting themselves in the spotlight is too high, or that the sanctuary concept promises more than it can really offer.  As Lewis and Clark College Professor Elliot Young has written, “Sanctuary is an aspiration, a statement of values rather than a statement of fact.”  Indeed, one of the arguments against the proclamation of sanctuary by universities is the misunderstanding of the term:  The undocumented community and its defenders have varied interpretations of what it means in practice, whereas the legal limitations on what can be done in the face of a court order are very clear.  Yet, the ambiguity of the term leaves a space for creative interpretation and should be seen as an opportunity rather than a limitation.

  • Most universities, including my own, The New School, have issued a standard statement that they will not share information or cooperate with immigration authorities without a court order, but they have shied away from using the term sanctuary – even though the term is a significant form of resistance to unjust policies, a moral stance, and a message of solidarity to the larger university community.

Reviving the concept of sanctuary in this political context provides an opportunity to open a debate about the rights and protections that marginalized groups need, and how universities and other institutions that have joined the sanctuary movement in the last months (restaurants, art spaces, among others) can support and extend it.  The time we are living in requires us to reexamine existing frameworks and concepts and mobilize them in effective ways when the principles and values we stand for are under attack.  Declarations of sanctuary campus send a clear message of support to vulnerable individuals within the community.  They also nurture transnational networks of solidarity – not just through churches, shelters, and civil society groups – but also including universities in Mexico, Central America, and other countries, to help individuals returning to their origin countries (deported or voluntarily) live better lives, including overcoming significant barriers to continuing their education. Migrants’ need and right to protection and education does not end when they cross the border, and universities’ ability to help them begins by taking a stance and making our campuses accessible, safe and open; in other words, making them sanctuary.

April 18, 2017

* Alexandra Délano Alonso is an Assistant Professor of Global Studies at The New School.  She is the author of Mexico and Its Diaspora in the United States: Policies of Emigration since 1848 (Cambridge University Press, 2011) and co-editor of Borders and the Politics of Mourning (Social Research, 2016) with Benjamin Nienass. She is also a participant in the Robert A. Pastor North America Research Initiative.

U.S. Immigration Policy: Not Just Getting Rid of “Bad Hombres”

By Eric Hershberg, Dennis Stinchcomb, and Fulton Armstrong

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An agent from U.S. Immigration and Customs Enforcement (ICE)./ Department of Homeland Security / Wikimedia / Creative Commons

The immigrant deportation policy that the Trump Administration announced last week is among the most aggressive in U.S. history and promises to create tensions between Washington and Latin America and disrupt communities across the United States.  Homeland Security (DHS) Secretary John Kelly has told agencies under his aegis to “use all authorities to the greatest extent practicable” to remove undocumented immigrants from the country.  President Trump called his new initiative a “military operation” – which an embarrassed Kelly denied during meetings in Mexico City intended to control damage from other Trump statements.  The White House said the measures will “take the shackles off” the enforcers, and U.S. media reported enforcement officers’ celebratory comments that they “can finally do their job.”  The Administration will also ask Congress to authorize a large expansion – another 15,000 – of enforcement positions.

  • The rationale repeatedly refers to deporting “criminals” – whom Trump calls “bad hombres” and “bad dudes” – but the new policy will exempt no classes or categories of “removal aliens,” including non-criminals. U.S. press already report roundups of individuals with no criminal records who are being expelled from the country within 72 hours.  Fear among immigrants is pervasive, and there are many reports (such as here and here) of families hunkering down in their homes, withdrawing children from school, and setting up contingency plans for protecting U.S. citizen kids should their undocumented parents be grabbed by the authorities and sent abroad.
  • The policy weakens protections from “expedited removal” that the Obama Administration put in place, which allowed immigrants caught after they had been in the country for 14 days or more to be released pending proceedings to determine their eligibility to remain in the United States. (Details remain murky but supposedly will be announced soon.)  Individuals facing expedited removal are not entitled to appear before a judge.
  • It increases efforts to press local police to help federal agencies find and deport undocumented immigrants, blurring the line between local and federal forces. Legal experts say this commingling of forces violates the Constitution, and many local police chiefs lament that it reduces the willingness of immigrant communities to help them fight crime.
  • It removes privacy protections for people who are not U.S. citizens or permanent residents, putting their personal information in the hands of vigilantes, blackmailers, and others who have no need to know it. Trump previously threatened to withhold federal assistance from “sanctuary cities” in the United States, which he accuses of causing “immeasurable harm to the American people and to the very fabric of our republic” because they are reluctant to implement his deportation policies.

Two new measures suggest a long political campaign against undocumented immigrants.  DHS will create an office – with the acronym VOICE – to collect information from victims of alleged crimes.  It will be funded with “any and all resources that are currently used to advocate on behalf of illegal aliens” (most of whom have never committed a crime).  The Administration will also “identify and quantify all sources of direct and indirect” assistance to Mexico, obviously to evaluate U.S. leverage against the Mexican Government if the Administration is not pleased with compliance with Washington’s wishes.

Deporting all 11 million undocumented immigrants estimated to be in the United States will be impossible, but the new measures will push unprecedented numbers of Mexicans and Central Americans back into societies that have no jobs and no security for them.  That burden and the loss of immigrants’ remittances will cause those countries incalculable harm.  The Administration’s rhetoric hammering on “criminal immigrants” is deceptive:  DHS admitted in 2014 that most of the “criminals” it deported were guilty only of their undocumented presence (31.3 percent) and traffic violations (15 percent), and it would be foolish to expect that the Trump government will be more judicious.  The insinuation that immigrants commit more crimes than do native-born citizens, moreover, has been debunked; they are incarcerated at a rate half that of native-born.  These polices may enjoy the support of Trump’s political base, but the attacks on the defenseless; subversion of traditional values such as the right to legal counsel and the right to privacy; coercion of local police and civilian authorities; and the deportation of countless friends and neighbors whose everyday contributions enrich community life in the United States will have a profound impact extending far beyond its immediate victims.

 February 27, 2017

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

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Graphic credit: Nadwa Mossaad / Figure 3, “Refugees and Asylees 2015” / Annual Flow Report, November 2016 / Office of Immigration Statistics, Department of Homeland Security

The exodus of children and women from the three countries of Central America’s Northern Triangle – El Salvador, Honduras, and Guatemala – is accelerating, but information gaps and institutional flaws are obstructing asylees’ access to legal protections and hindering equitable decision-making on their claims in the United States.  The United Nations has recorded a nearly five-fold increase in Northern Triangle citizens seeking asylum in the United States since 2008, a trend driven largely but not exclusively by a spike in child applicants.

  • Legal scholars agree that high-quality, verifiable data on forms of persecution experienced by migrants in their home countries better equip attorneys to establish legitimate asylum claims and inform the life-transforming decisions by U.S. immigration judges and asylum officers.  Accumulating evidence also indicates that deeper systemic challenges to transparent, unbiased processing and adjudication of asylum claims remain, with grave consequences for the wellbeing of Central American migrants with just claims for protection under international and U.S. law.

In a December hearing before the Inter-American Commission for Human Rights (IACHR), advocates presented immigration court data from U.S. jurisdictions dubbed “asylum-free zones” – large swaths of the map where low asylum approval rates prevail.  In Atlanta, Georgia, for example, U.S. government data show that 98 percent of asylum claims were denied in Fiscal Year 2015; in Charlotte, North Carolina, 87 percent were rejected – far above the national average of 48 percent.  The month before, the highly respected U.S. Government Accountability Office (GAO) issued a scathing report, citing variations in application outcomes across immigration courts and judges.  (See full report for details.)  Attorneys and advocates refer to this phenomenon as “refugee roulette,” an arbitrary adjudication process further complicated by the fact that many asylees’ fate is determined by Customs and Border Protection (CBP) officers who function as gatekeepers to the asylum system.  Border Patrol is an increasingly militarized cadre of frontline security officers whose members took the remarkable and unprecedented decision to publicly endorse the presidential candidacy of Donald Trump.

Accurate information on the conditions asylees face in their native countries is fundamental to getting fair treatment in the United States.  The barriers to due process and disparities in asylum outcomes have long been sources of concern, and the systemic flaws – and politicization of CBP processes – raise troubling questions about screener objectivity and the degree to which prevailing U.S. screening procedures conform to international norms.  That asylum claims made by many Central Americans are first considered by officers of institutions whose primary responsibility is to deport undocumented persons, rather than to protect refugees, signals a glaring misallocation of responsibilities.  The U.S. failure to accurately and efficiently adjudicate claims at all levels of the discretionary chain – from frontline officers to immigration judges – also undermines efforts to promote fair treatment of intending migrants elsewhere in the hemisphere.  Mexico’s overburdened refugee agency COMAR, for example, continues to struggle to provide requisite protections, even while reporting a 9 percent increase in applications each month since the beginning of 2015.  Meanwhile, the UN reports steady increases in applications in Belize, Nicaragua, Costa Rica, and Panama.  Citizens of the Northern Triangle states who have legitimate grounds for seeking protection as refugees stand the most to lose, but the consequences of institutional failure in the U.S. and neighboring countries’ asylum systems reverberate beyond individuals and families.  With virtually no government programs to reintegrate deported migrants, growing numbers of displaced refugees returned to Northern Triangle countries ill-equipped to receive and protect them will further complicate efforts to address root causes of migration throughout the region.

January 19, 2017

A workshop on Country Conditions in Central America & Asylum Decision-Making, hosted by CLALS and the Washington College of Law, with support from the National Science Foundation, examined how social science research on conditions in El Salvador, Guatemala, and Honduras can assist in bridging the gap between complex forms of persecution in the region and the strict requirements of refugee law.

This material is based upon work supported by the National Science Foundation under Grant No. 1642539. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of the National Science Foundation.

A New Line of Defense: Trends at Mexico’s Southern Border

By Dennis Stinchcomb

The boat to Mexico.  Photo Credit: einalem / Flickr / Creative Commons

The boat to Mexico. Photo Credit: einalem / Flickr / Creative Commons

Statistics show that the United States is relying on Mexico to do what U.S. immigration law and the Northern Triangle countries can’t: keep Central American children out of the U.S.  In 2014, the same year in which Mexico announced tightened security measures along its southern border with Guatemala and Belize, Mexican authorities deported over 18,000 children, up 117 percent from just over 8,000 the previous year, according to Mexican government figures.  A similar increase is already being registered in 2015.  During January and February of this year, deportations of minors from Mexican soil tallied over 3,200 – a 105 percent jump from the same period in 2014.  Since launching what U.S. officials have dubbed a “layered approach” to immigration enforcement, data reveal several noteworthy trends:

  • Mexico’s get-tough approach has prevented a significant number of migrants from reaching the U.S.-Mexico border. According to U.S. Customs and Border Patrol, the first seven months of Fiscal Year (FY) 2015 witnessed a 48-percent decrease in unaccompanied child apprehensions and a 35-percent decrease in family unit apprehensions along the U.S. border.  However, considered in light of the unprecedented number of deportations from Mexico, these figures suggest that child and family migration from Central America remain at historic highs. 
  • Central American children detained in Mexico are unlikely to be offered forms of humanitarian protection mandated by international law. Despite increases in child detention and deportation, a report by Georgetown University Law School’s Human Rights Institute points to inadequate screening and arbitrary detention as among the obstacles preventing tens of thousands of children from seeking and receiving relief from removal.
  • Both Mexican and U.S. data show that a growing share of child and family migrants are Guatemalan. According to analysis by the Pew Research Center, the number of Guatemalan children deported from Mexico during the first five months of FY15 doubled since the same period last year and now accounts for 60 percent of all child deportations from the country.  Meanwhile, the share of child deportees from Honduras dropped from roughly one-third to less than one-quarter, and those from El Salvador fell off slightly to just above 15 percent.  An analogous shift is also evident at the U.S.-Mexico border where Guatemalans now comprise 35 percent of unaccompanied child apprehensions compared to 25 percent during FY14.  Similarly, the proportion of Salvadoran and Honduran children has declined from roughly 25 percent each to 18 and 9 percent, respectively.
  • Smugglers and migrants are already adapting to heightened enforcement in Mexico and charting new, more dangerous routes north. Local media reports have covered migrants’ attempts to bypass border checkpoints by sea and traverse Mexico undetected on foot or in third-class buses.  Data show that successful migrants are crossing into the U.S. at less traditional and harder-to-access points.  At the height of last year’s crisis, the majority of migrants were surrendering themselves to border officials in the Rio Grande Valley along Texas’ southern-most border.  While apprehension in the Rio Grande control sector have decreased significantly this year, three sectors – Big Bend (Texas), El Paso (Texas and New Mexico), and Yuma (California) – have registered at least double-digit percent increases in both child and family apprehensions.

During Mexican President Peña Nieto’s recent visit to Washington, President Obama stated that he “very much appreciate[d] Mexico’s efforts in addressing the unaccompanied children [crisis].”  Despite applause from the White House, Mexico’s aggressive border enforcement – driven at least in part by U.S. encouragement and funding – has implications for Mexico’s already problematic human rights record.  While it is true that Mexico’s actions have largely staved off a repeat of last year’s crisis, it has yet to translate into the sort of political bargaining chip the Obama administration has hoped might sway the immigration policy debate in the U.S.  With comprehensive immigration reform legislation long dead and recent executive actions on indefinite hold, the administration apparently hopes that ramped-up enforcement will improve prospects for congressional approval of $1 billion in development assistance to the Northern Triangle.  But with Mexico’s clampdown blocking another surge of migrants into the U.S., many legislators are likely to question the prudence of pouring more money into corrupt, dysfunctional regional governments.  By backing the militarization of Mexico’s southern border, moreover, the administration is privileging political goals at the expense of humanitarian objectives and is indirectly complicit in blocking thousands of Central American children from accessing lawful forms of relief for which most are likely eligible.  Meanwhile, Mexico’s migrant extortion market continues to boom as vulnerable children and families seek new routes north at the mercy of increasingly brutal transnational networks.

June 4, 2015

Child Migrants: Deepening Challenges

By CLALS Staff

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A surge in the number of unaccompanied children fleeing criminality, family problems, and violence in Honduras, Guatemala, El Salvador and Mexico underscores the personal tragedy of undocumented immigrants – they escape old threats only to face new ones – but the issue so far has sparked only the usual partisan acrimony in Washington.  According to U.S. government sources, the number of child migrants reaching the United States has increased 92 percent over the past year.  Some 47,000 have arrived since last October, and a draft document by the Department of Homeland Security speculated the figure could reach 90,000 by the end of the fiscal year.  (Only 5,800 children arrived alone each year 10 years ago.)  Mexican children still outnumber others, but the current surge is coming from the northern-tier countries of Central America.  Polls conducted by the UN High Commission for Refugees indicate that about half of these children are driven by criminal insecurity; 21 percent by abuse and other problems in the home; and the rest by other forms of violence.  The influx of these refugee migrants is not a strictly U.S. phenomenon: Mexico, Nicaragua, Costa Rica and Panama have seen a 435 percent increase in child arrivals from the northern tier since 2012 as well.  The UNHCR has made an urgent plea for assistance.

President Obama last Monday declared the problem was an “urgent humanitarian crisis,” and he directed the delivery of aid to house and provide care to the children, who remain in government custody while relatives in the United States are located or other solutions are planned.  The White House also announced an initiative to assign legal advisors to those under 16 who are facing deportation but are not in government custody.  Republican critics reacted forcefully.  Texas Senator Ted Cruz said the crisis was a “direct consequence of the President’s illegal actions,” including allegedly lax enforcement of immigration law.  The Chairman of the Judiciary Committee in the House of Representatives called it an “administration-made disaster.”

Shifts in immigration numbers traditionally have been a function of “push” factors (poverty, violence and other problems) in sending countries and of “pull” factors in the United States – particularly the perception that safely entering the country and finding work is easy.  The Obama Administration’s aggressive deportation policies – physically removing about two million undocumented migrants – arguably have reduced the “pull” over the past six years, and it seems premature to conclude that the Administration’s recent rhetorical shift has shined a bright green light as far as Honduran hamlets.  That the influx is occurring in countries other than the U.S. provides further evidence that local push factors (as the UNHRC posits), and not Obama Administration policies, are the most credible cause of the surge, in spite of the fact that criminality and violence in Central America’s northern triangle have not shown a commensurate increase during this period.  Regardless, predictable demagoguery around this growing crisis probably will further complicate the Administration’s efforts to carry out those few progressive steps it has launched by Presidential order, including programs to normalize the status of “Dreamers” – undocumented migrants’ children eager to overcome the stigma and obstacles to citizenship.  The approach of mid-term elections in the United States promises that this humanitarian crisis will sustain more name-calling and political paralysis in Washington.

Obama’s Deportation Debacle: Time for Executive Action?

By Eric Hershberg and Dennis Stinchcomb

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Amid fierce debate over the Obama administration’s record on the deportation of undocumented immigrants residing in the U.S. without serious criminal records, insiders confirmed to the Associated Press on Monday that the White House is seriously considering unilateral action to reduce deportations.  Preliminary reports suggest that a review of the policy by Homeland Security Secretary Jeh Johnson may result in executive action curbing deportations.  Rumors of White House movement on the issue surfaced last week, when members of the Congressional Hispanic Caucus presented Johnson with a memo outlining their demands.  Most notably, they recommended an expansion of the president’s Deferred Action for Childhood Arrivals (DACA) program and the elimination of “Secure Communities,” a program initiated during the Bush era that mandates that local law enforcement agencies enforce federal immigration laws and which has led to reported abuses.

The increased pressure on the president to further limit forced removals comes at a moment when deportations are on the decline and interior enforcement is at a five-year low.  New statistics released by the Department of Homeland Security (via FOIA requests from The New York Times) and the Department of Justice provide the most comprehensive view to date of an enforcement policy fraught with political miscalculations.  DOJ reports, for example, a 43 percent drop in the number of new deportation cases filed in federal immigration courts in the last five years.  In hopes of gaining credibility and leverage for Democrats in a potential immigration deal, the administration in 2011 reallocated massive enforcement resources to the U.S.-Mexico border.  The plan was to ease interior enforcement that disrupted established families and communities – and ran up deportation numbers in the past – while deporting higher numbers of recent border crossers, who under previous administrations would have been sent home without formal charges.  In the interior, workplace raids all but disappeared, but state and local police, under the Secure Communities program, continued to identify “high-priority offenders.”

The Obama administration’s five-year attempt to placate Republican lawmakers through record-setting deportations has backfired politically, and the collateral damage is high, with nearly 2 million deportations to date and an outraged electoral base.  Though current and former administration officials argue that concerns over public safety and border security have guided immigration enforcement since day one, the evidence suggests that political expedience has driven Obama’s deportation policy and – with midterm elections just around the corner and maneuvering toward the 2016 presidential elections already underway – is likely to continue to do so.  Obama’s eagerness to impress Republicans with his toughness, without any guarantee the maneuver would work, has alienated Hispanic and Asian communities who feel betrayed and whose turnout at the polls is crucial for a Democratic victory.  The leaks of executive action indicate a White House focused on damage control with those important constituencies, while essentially signaling the definitive end of any chance of bipartisan Congressional immigration reform.  Despite some handwringing among American conservatives that the Republicans’ position will lock out Hispanic voters for years to come, most of the party’s leaders appear to give priority to their nativist base.  Obama ultimately may be calculating that, with chances of passage of immigration reform nil anyway, his energy is best spent on rebuilding ties with constituents whose communities have been torn apart by policies pursued during his first five years in office.