The “Invisibility Bargain” Constrains Migrants’ Identities and Rights

By Jeffrey D. Pugh*

Colombian refugees carry groceries

Colombian migrants in Ecuador carry home groceries. / Michelle Snow / USAID / Flickr / Creative Commons

Migrants win tolerance for their presence in host countries by striking an “invisibility bargain” with local citizens – contributing labor but settling for constraints on their identities and political participation – that slows their integration and leaves them vulnerable to discrimination and violence.  Through surveys of Colombians forced into Ecuador by conflict and violence, I have found that migrants feel pressure to conform to host communities’ expectations of their economic contribution and political and social “invisibility.”  (Full text of my recent article in International Migration Review is here.)  Migrants whose visible characteristics and practices violate norms that the host society deems to be unacceptable or who engage in overt political claim-making on the state often risk sparking a nativist backlash.  In response, Colombian migrants have employed a range of survival strategies:

  • Many who seek to integrate into Ecuadorian society sacrifice important elements of their Colombian identity, making a conscious effort to “unlearn” their accent, speak more softly and slowly, and use diminutive forms of speech to fit in better with Ecuadorians. Those who blend in better tend to have an easier time finding a job, getting housing, and building constructive relationships with Ecuadorians.
  • Others, particularly racial minority migrants, often choose to avoid contact with Ecuadorians, but this strategy of self-isolation removes them from potential spaces where they can negotiate access to rights, protection, and resources. Afro-Colombians are less likely than mestizo Colombians, for instance, to live in neighborhoods with mostly Ecuadorian neighbors.  As a result, they are less resilient against attacks or discriminatory behavior because they lack a support network in the host society.
  • Yet others employ a strategy that emphasizes the similarity between the experiences of Ecuadorian emigrants to Europe and Colombian immigrants in Ecuador. They propose a boundary-blurring strategy recognizing migrant rights everywhere and legitimizing migrants’ political participation in countries of both origin and residence.

The rhetoric of “universal citizenship” of former Ecuadorian President Correa (2007-2017) – a concept in which every person has a right to migrate and should therefore have access to basic rights – appeared to offer escape from the invisibility bargain and its consequences.  The 2008 Ecuadorian Constitution prohibited discrimination based on migration status and guaranteed refugees many of the same rights as Ecuadorians.  This “open borders” rhetoric promised a commitment to human security above national security and promoted a reciprocal protection to Ecuador’s large diaspora in Spain and the United States.  Crafted to undergird politically beneficial policies, however, Correa’s approach faced political constraints and was undercut by the populist nature of his government style – and made only limited progress at the level of implementation.  Surveys show that the legal distinction between refugees and other migrants is still lost in practice in Ecuador.  The formal institutions of democratic states fail to provide security for everyone living in their territory in their responses to constituent pressure to scapegoat migrants.

In the absence of concrete progress toward concepts like universal citizenship, migrants will continue to face the trade-off between maintaining their identities and customs and successfully integrating into host communities and gaining political rights and participation.  Although informal mechanisms of political participation pale in comparison to the exercise of full citizen rights, they can be important sources of protection and assistance.  The evidence from Ecuador shows that the frequency and quality of interaction between Ecuadorians and Colombians seem to influence their attitudes toward one another.  Migrants reporting daily interaction with Ecuadorians had nearly double the level of positive perceptions of the native population compared to those who interacted less frequently – and broader acceptance by local communities at least offers a glimmer of hope of liberating other migrants from the pain of the invisibility bargain in the future.

 October 25, 2017

*Jeffrey D. Pugh is an Assistant Professor of conflict resolution at the University of Massachusetts, Boston, and executive director of the Center for Mediation, Peace, and Resolution Conflict (CEMPROC).

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

asylum-blog-graph

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.

As Mexico “Absorbs” Central American Refugees, Record Numbers Reach the U.S.

By Dennis Stinchcomb

uac-family-unit-apprehensions_aula-01

The meeting of world leaders that President Obama convened on Tuesday to rally support for refugee resettlement and inclusion across the globe was good diplomacy but contradicts Washington’s policies even in the Americas.  At a meeting on the margins of the UN General Assembly, Obama thanked Mexico for “absorbing a great number of refugees from Central America,” yet the data make clear that Mexico is hardly absorbing refugees.  During the first seven months of 2016, as WOLA has reported, Mexico granted asylum to just under 1,150 Central Americans but deported over 80,000 others.  Meanwhile, far greater numbers of Central Americans have reached the U.S., principally women with children (whom U.S. Customs and Border Protection labels “family units”) and minors traveling without a guardian (“unaccompanied children”).  With one month remaining in Fiscal Year 2016, apprehensions of Central American women with children total over 61,000 – up 79 percent from FY15 – and are on pace to surpass the FY14 record.  Likewise, apprehensions of unaccompanied children have already exceeded the FY15 total, and September numbers will likely push the current tally of 42,000 just shy of the FY14 record.

This renewed influx comes despite the Obama administration’s multi-pronged strategy to deter unauthorized migration from the Northern Triangle countries of El Salvador, Guatemala and Honduras:

  • U.S. support for Mexico’s Southern Border Program has resulted in unprecedented numbers of both detentions and deportations of Central Americans in Mexico, yet the dramatic increases in arrivals to the U.S. and shifting points of entry – including an upswing in seaborne trafficking – suggests that the exodus from the Northern Triangle continues and that human smugglers have adapted to stepped-up enforcement measures by forging new routes through Mexico.
  • Ongoing raids by U.S. Immigration Control and Enforcement (ICE) authorities, which under the banner of Operation Border Guardian aim to roundup unaccompanied youth who had been ordered deported from the U.S. and have recently turned 18, have not stemmed the tide of new arrivals fleeing untenable circumstances in their countries of origin.
  • Despite a July 2016 expansion of the CAM Program for in-country processing of youth applications for refugee status and for others in Central America asserting that they are at risk of harm, the pool of beneficiaries remains miniscule. Whereas the program had received 9,500 applicants by mid-year, only around 270 had been resettled in the U.S. With a six- to eight-month processing period and room for only 200 applicants at a time at shelters that have been set up in Costa Rica, desperate Central Americans continue to turn to more efficient human smugglers.
  • Public messaging campaigns launched in the region with U.S. government funding, to warn Central Americans of the dangers involved in irregular migration and to dispel misperceptions regarding U.S. immigration policies, also appear fruitless, as outlined in a recent American Immigration Council report).

President Obama’s efforts to galvanize international action in response to forced displacement worldwide highlight his own administration’s shortcomings in addressing refugee flows closer to home.  Expedited hiring of border patrol agents and an increase in the number of beds at contract detention facilities, among other domestic measures, have enabled the administration to process large volumes of Central American migrants while avoiding the appearance of a “border crisis” akin to 2014.  Meanwhile, an emphasis on curtailing outflows from Central America (without regard to the justification of people’s decision to flee), detention (rather than absorption) in Mexico, and deportation in both Mexico and the U.S. has not been matched with analogous investments to address the needs of Central American migrants already in the U.S. who may have legitimate claims for asylum or other forms of protection.  Central American families and unaccompanied children, for example, now account for over one-fourth (26 percent) of the 512,000-case backlog in immigration courts, yet only 53 percent of families and 56 percent of unaccompanied minors have access to attorneys.  In failing to guarantee legal representation for these vulnerable populations the administration is sidestepping the same moral obligation to thoroughly vet and provide safe, inclusive communities for refugees that President Obama challenges other governments to fulfill.  Perhaps funding that is supporting Mexico’s strategy of detention and deportation could be better allocated to programs that ensure proper adjudication of asylum claims – in both Mexico and the U.S. – and to genuinely seek to absorb individuals and families who, through due process, are judged to qualify as refugees.

September 22, 2016

The Politics of the Refugee Crisis in Latin America

By Luciano Melo*

Syrian refugees Uruguay

Syrian refugees arriving in Uruguay. Photo Credit: International Organization for Migration / Flickr / Creative Commons

Several Latin American governments have pledged to accept Syrian refugees – part of one of the largest refugee movements in history – but support for robust resettlement programs appears likely to fall short.  According to the United Nations Refugee Agency (UNHCR), some 6 million Syrians have been displaced within their country and 4 million more have fled abroad, mostly to Turkey, Lebanon, Jordan, Iraq, and Egypt.  One million have entered Europe, putting a heavy burden on the EU, and the United States has agreed to settle 10 thousand (although the refusal by 31 U.S. governors to accept them raises questions about follow-up).  Public support for receiving migrants dropped in the aftermath of the Paris attacks in November, but France has announced that it will admit 30,000 new refugees in the next two years, a measure that President Hollande characterized as the country’s “humanitarian duty.”

Several Latin American governments also have agreed to absorb refugees.

  • Brazil, with ties to Syrian immigrants since the 19th century and one of the largest communities outside Syria, has promised to accept 20,000 refugees from the current conflict. More than 8,000 have already settled in Brazil.
  • Venezuela also set a goal with the UNHCR of receiving 20,000 Syrians, but President Nicolás Maduro’s defense of Syrian President Bashar al-Assad as “the only leader with authority in Syria” suggests low enthusiasm for implementation.
  • Chile and Argentina have had modest programs to settle Syrian refugees since the beginning of the war. Chilean President Bachelet has agreed to settle 100 Syrian families, whereas Argentina’s “Syria Program” agreed to offer permanent residence to 300 Syrians after three years.
  • Uruguay, which resettled Syrian families from Jordanian camps in 2004, recently suffered a setback when refugees in September protested in front of a government building complaining about the cost of living and lack of jobs. Observers estimate that almost 100 Syrians will actually leave the country.

The cost of settling families and individual refugees can be high, and each country will face challenges in meeting their commitments.  Brazil is in a deep crisis – with negative GDP growth expected next year, impeachment processes initiating against President Dilma, and gigantic corruption scandals rocking the political system.  The Venezuelan economy is in shambles, with skyrocketing inflation, and the country appears to be in permanent political crisis.  Chile has experienced an economic slowdown since the price of copper fell, and Argentina has been trying to recover from recession and double-digit inflation rates in the first months of the newly elected President Macri.  Even Uruguay expects lower growth – down to 2 percent from the previously estimated 2.5 percent – and a fiscal deficit of 3.6 percent of GDP.  The good news is that accepting refugees does not necessarily affect the economy negatively.  Turkey and Lebanon, which have resettled 2.2 million and 1.8 million since the war started, are expected to have 4 percent and 3 percent growth in the coming year, confirming that the issue is mostly political rather than economic.  In Latin America, in contrast with the U.S., the crisis has not been used by leaders to polarize public opinion.  In fact, the topic is barely on the radar of common citizens, and the media rarely cover it.  The Syrian war and ISIS terrorism are remote concerns, and more pressing local matters – recessions, corruption scandals, and impeachments – take precedence.

January 4, 2016

* Luciano Melo is a PhD candidate at American University’s School of Public Affairs specializing in comparative politics.