User:Nicoleriver/sandbox

PE Org
East Bay Sanctuary Covenant - Berkeley, CA

The EBSC is a non-profit organization "dedicated to offering sanctuary, solidarity, support, community organization assistance, advocacy, and legal services" to those fleeing their native country where they face various expressions of violence.

The EBSC addresses the absence of legal services that refugees have after leaving their home country. The importance of these services is seen in their ability to limit other opportunities such as the ability to apply for housing or health insurance. EBSC aims to eliminate money from the equation so it is not a source of poverty. Knowledge and empowerment is circulated in the delivery of these services for immigrant community members.

I will work alongside the EBSC to provide support via legal services. I will accompany and advocate for asylum seekers during interviews and appointments.

History of immigration to the United States

 * Timeline of the various waves of immigration to the US by since colonial times to the 20th century.
 * The article ends with 1980s immigration policy and I would like to add information about policies that followed, specifically the IIRIRA act of 1996 which created major changes to immigration law that have especially affected those seeking asylum or family-based citizenship.
 * Topics to explore: How has history of immigration in the US influenced the enactment of immigration policies? -- What motives or dynamics were at play? What role have these policies played in present day US immigration?

Forced displacement

 * Overview of the dynamics of forced displacement and the terminology used for individuals who have been forcibly displaced from homes.
 * The article is well-organized and includes sections for displacement terminology, displacement categories, and conditions surrounding displacement. The latter section could be expanded to include not just the challenges faced by those who are being displaced, but also the conditions that many displaced immigrants face upon arrival to the location they're fleeing to. -- What challenges do displaced individuals face? Is there accessibility or availability to essential human services (e.g. healthcare, housing, legal services)?
 * Add more citations from reliable resources to strengthen article.

Article Evaluation Section
Sector Article: Forced displacement

Content
The article provides a broad multi-pathway approach to understanding forced displacement. The article is not necessarily organized chronologically although the author provides background history in certain sections to give the reader examples of how this type of forced displacement has occurred and why it has occurred in a particular moment in time. The article was written in 2017 and so the short data section provided could be updated to reflect the statistics for the 2018 year. The article is well structured and includes appropriate sections. I do find the section distinguishing between the term refugee and displaced migrant is especially useful because it expands on a previous section that explained the different reasons individuals may displaced. I do believe that the “Conditions” section could be expanded not just the conditions being faced by those who are being displaced, but also by those who have already been displaced and arrived at a new location.

Tone
The overall tone of the article is neutral and objective. In some sections that author different definitions or understandings by certain individuals. These individuals are usually named and then the author lists their quote. I would find it useful for there to be a brief introduction about the person being quoted.

Talk Page
The article is a start-class article. It is a part of the International Relations and Human Rights Wiki Projects. It was initially part of an educational assignment. The information on this page was merged from previous content which focused on displaced individuals. Those searching “Displaced person” on Wikipedia are now redirected to this article which I think is useful because it provides information on the concept in addition to this particular group of immigrants.

**Area: History of immigration to the United States
'''Tienda, Marta, and Susana M. Sánchez. "Latin American Immigration to the United States." Daedalus 142.3 (2013): 48-64. https://www-mitpressjournals-org.libproxy.berkeley.edu/doi/pdf/10.1162/daed_a_00218. '''


 * Sanchez and Tienda's publication holds a lot of insight into the enactment of immigration policies throughout the 20th century. It allows for a better understanding of some of the macro and micro-level forces behind the migration of communities and how some laws or political opinion has been extended or bended in such a way so as to respond to immigration. This response can be empowering to some groups and debilitating to others. I believe I could use some of the information found in this article to discuss the passing of IIRIRA act in 1996 and its specific effect on asylees.

'''Douglas S. Massey, and Karen A. Pren. “Unintended Consequences of US Immigration Policy: Explaining the Post-1965 Surge from Latin America.” Population and Development Review 38.1 (2012): 1-29. EBSCOhost, libproxy.berkeley.edu/login?qurl=http%3a%2f%2fsearch.ebscohost.com%2flogin.aspx%3fdirect%3dtrue%26db%3dedsjsr%26AN%3dedsjsr.41857355%26site%3deds-live.'''


 * Study of the patterns in US immigration policy and how economics and politics were primary influential actors. Examine the shift in US immigration beginning in 1965. What laws were already present? How did the narratives of immigrants change (especially those from Latin America)?

'Espenshade, Thomas J., et al. “Implications of the 1996 Welfare and Immigration Reform Acts for US Immigration.” Population and Development Review'' 23.4 (1997): 769–801. JSTOR, www.jstor.org/stable/2137379.'''


 * Analysis of major legislations in US immigration policy which were passed in 1996. These pieces of legislation limited the eligibility of non-citizens to access public services and imposed new “barriers” to those seeking legal status. I am able to make connections between the barriers imposed by these laws and the actions my PE org is taking to mitigate them.

'''Acer, Eleanor, and Olga Byrne. “How the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Has Undermined US Refugee Protection Obligations and Wasted Government Resources.” Journal on Migration and Human Security 5.2 (2017) 356–378. doi:10.1177/233150241700500207. '''


 * Article provides information about the universal policies set in place by the UNHCR (United Nations High Commissioner for Refugees) which include the 1951 convention and 1967 protocol that related to the status of refugees and prevented refugees from being returned to the country they were fleeing. The US had an additional 1980 Refugee Act to help refugees with applying for asylum. Analysis of articles of IIRIRA show that this immigration act has created barriers that undermine the protection of the previously mentioned policies. The law created barriers to asylum that prevent many from accessing asylum in the US. These barriers include: deadline to apply for asylum, expedited removal by immigration officers rather than judges, longer screenings and processing time, and increased burden of proof for some applicants. These barriers have led to the detention or expedited removal of refugees seeking asylum which furthermore limits their access to legal counsel.
 * This article appears argumentative and subjective according to its title. However, the author cites case studies that support the argument that IIRIRA did have an affect on the US asylum process and its applicants. The impediments it cites are also mentioned in other sources as key components of IIRIRA and its influence on US asylum.

'''Macías-Rojas, Patrisia. “Immigration and the War on Crime: Law and Order Politics and Illegal Immigration Reform and Immigrant Responsibility Act of 1996.” Journal on Migration and Human Security 6.1 (2018): 1–25. doi:10.1177/233150241800600101. '''


 * Explanation of how the US history and politics of the 1960s-1990s influenced the content of the 1996 immigration act. Examples of these events were the War on Crime and the need to make insurgency a central political issue.
 * IIRIRA helped support the criminalization of immigrants which was a new theory. Previously, immigration was still considered to be based on push-pull theories. There was no criminalizing distinction between legal and illegal immigration. IIRIRA changed this by splitting immigration into a binary concept and choosing to focus on illegal immigration. The latter was seen as lawlessness that stained society and must be punished or controlled such as through the restructuring of immigration enforcement.

'''Schrag, Philip G., et al. "Rejecting Refugees: Homeland Security's Administration of the One-Year Bar to Asylum." ''Wm. & Mary L. Rev.'' 52.3 (2010-2011): 651-804. https://ssrn.com/abstract=1684231 '''


 * The 1980 Refugee Act offered asylum to those escaping persecution in their native country and seeking refuge in the US. This law was amended by legislation passed in 1996. This source provides specific information to the "one-year bar" to asylum which created a deadline to apply for asylum regardless of the applicant's merits or claim. The only exceptions to this rule are if the applicant meets extreme circumstances.
 * Article explains the process a refugee undergoes to seek asylum and what changes have resulted from the amended "one-year bar." [Immigration and Nationality Act § 208(a)(2)(D); 8 U.S.C. § 1158(a)(2)(D) (2000)]
 * This article supports how IIRIRA created changes to immigration policy that have negative consequences for many immigrants, especially refugees. Disparities across asylum offices show there is a backlog in the asylum process that is costly and inefficient. Furthermore, factors such as gender, language, access to legal counsel, and culture can serve as compounding barriers to the asylum process that may further traumatize (or re-traumatize) refugees.

'''Lundstrom, Kristi. "The Unintended Effects of the Three-and Ten-year Unlawful Presence Bars." Law & Contemporary Problems 76 (2013): 389-412. https://heinonline.org/HOL/P?h=hein.journals/lcp76&i=953 '''


 * Another provision of IIRIRA was implementing the 3 and 10 years bars which refer to re-entry bars for immigrants who have accrued unlawful presence in the US and become inadmissible upon leaving the country. This is an aspect of IIRIRA that focused on tackling illegal immigration from the interior.

**Sector: Forced displacement
'''Newman, Edward and Joanne van Selm, eds. Refugees and Forced Displacement: International Security, Human Vulnerability, and the State. United Nations University Press, 2002. ProQuest Ebook Central, https://ebookcentral-proquest-com.libproxy.berkeley.edu/lib/berkeley-ebooks/detail.action?docID=253816. '''


 * Focus on how "conflict" can be both an explanatory variable and a causal variable for the migration of individuals who are forcibly displaced. Conflict takes may forms. Challenges experience by forced immigrants are present not only in the new country they resettle in but also in their same native country upon their possible return. This source is a compilation of writings from different scholars, and so it incorporates a wide array of viewpoints and experiences. I find it interesting how the role of the state and NGOs towards human security is a topic of discourse because of the influence that these actors have on protecting or erasing immigrants' rights. A case study on Haiti is provided to better understand the role of local law for those immigrants who are displaced but face long term challenges in reconstructing their lives upon their return to their home country.

'''Robinson, W. Courtland. "Risks and Rights: The Causes, Consequences, and Challenges of Development-Induced Displacement." Occasional Paper (2003).'''


 * Published by The Brookings Institution-SAIS Project on Internal Displacement. Describes types of challenged faced by displaced persons. Raises the question of the role of the state in mitigating or worsening conditions of displaced immigrants.
 * Not scholarly source but provides background information and definitions. Used for the definition of internally displaced person according to UN.

'''Fiala, Nathan. "Economic Consequences of Forced Displacement." The Journal of Development Studies 51:10 (2015): 1275-1293. DOI: 10.1080/00220388.2015.1046446 '''


 * Explore challenges faced. Author explores case-study in Uganda. Expand on type of shock experienced by refugees. Focus on the lack of economic or financial instability.

'''Grandi, Filippo. “Forced Displacement Today: Why Multilateralism Matters.” Brown Journal of World Affairs 24.2 (2018): 179–189. EBSCOhost, libproxy.berkeley.edu/login?qurl=http%3a%2f%2fsearch.ebscohost.com%2flogin.aspx%3fdirect%3dtrue%26db%3dbth%26AN%3d131613727%26site%3deds-live.'''


 * Data about refugees and IDPs today (as of 2017). Both seen as displaced communities whose needs and identities are recognized or ignored in different ways. Examine the persisting and changing dimensions of conflict surrounding globally forced displacement and its "victims."
 * Article approaches the pros and cons of organizations and governments tackling this displacement crisis; highlights trends, weaknesses, and strengths.
 * Call for multilateralism, solidarity, cooperation.

'Abbas, Mohamed, et al. “Migrant and Refugee Populations: A Public Health and Policy Perspective on a Continuing Global Crisis.” Antimicrobial Resistance and Infection Control'' 7.113 (2018): 1-11. EBSCOhost, doi:10.1186/s13756-018-0403-4.'''


 * This article provides information into one of the results of present immigration policies and one of the challenges faced by migrants and refugees. I am able to see how migrants and refugees have different statuses, such as health status, economic status, employment status. The provision of their needs in correspondence with these statuses are based on current policy. Many are interlinked; for example, migrants' journey can influence their mental health. However, upon their relocation, a lack of legal or financial status prevents them from obtaining basic medical care.

'''Castles, Stephen. "The International Politics of Forced Migration." Development 46.3 (2003): 11-20. https://link.springer.com/content/pdf/10.1177%2F10116370030463003.pdf. '''


 * The article identifies the many different types of forced migration and identifies the limited protection forced migrants have either via sovereign protection of via international agencies.
 * Displaced people can experience permanent impoverishment and marginalization which only adds to their shock and state of precariousness.
 * Responses to forced migration include protection (such as with the UNHCR), national immigration policies, humanitarian assistance that is not neutral, political confinement, and military intervention.
 * The article points out the the migration crisis is ideologically and politically led. The flows of forced displacement reflect fundamental disparities between the poorest countries in the Global South and all of the the Global North.

'''Houston, Serin. "Conceptualizing sanctuary as a process in the United States." Geographical Review (2019): 1-18. https://doi.org/10.1111/gere.12338 '''


 * Sanctuary cities can be a more local or direct response to displacement. Sanctuary cities provide a platform in which the roles of municipal authorities are defined, especially in response to federal immigration law enforcement.
 * Sanctuary cities can respond to the displacement of migrations by providing displaced people with inclusivity that extends beyond simply accepting immigrants into the community, but instead allowing for their participation in communal activities and by easing the access to city services and benefits that promote their wellbeing.
 * Efforts by sanctuary cities include limiting inquiries about legal status, discussing the collection of personal information, issuing of ID cards to all residents.

'''Kaufmann, David. "Comparing Urban Citizenship, Sanctuary Cities, Local Bureaucratic Membership, and Regularizations." Public Administration Review (2019). https://doi.org/10.1111/puar.13029 '''


 * A global response to migration is either absent, insufficient, or not unified. For refugees, the US and UNHCR have implemented policies and protocols to protect refugees and define their status. However, often this global protection is not upheld.
 * Urban responses to migration are another avenue through which refugees can be protection. Urban places are homes to many migrants as they offer protection (e.g., anonymity) and opportunity (e.g., employment).
 * Using the concept of "membership upon residence," some cities can function as a place of economic, social, and political membership. They can address that national exclusion of forcibly displaced people by working with NGOs and facilitating access to services. The overall inclusion offered by this urban response can provide immigrants with resilience and a source of stability in the precarious situation they are otherwise living in.

Summarizing and Synthesizing
Area:

US immigration policy has been influenced by ideological and political forces of the time. Policies have been used to work towards a certain favorable composition. Certain groups have been harmed by these policies by either being physically prohibited from entering the country, being barred from citizenship, or being excluded from access to public services and benefits. Since the mid-19th century, immigration policy has primarily been centered on family reunification and the country's employment needs. In the latter, valuable skilled workers are attractive because they can enhance the country's economy. Laws have been implemented to establish new immigration systems, some of which are based on rectifying past antagonistic and unjust policies. However, recent policies such as those of the 1990s have actually created new impediments for certain groups. A criminal ideology is taking reign over past "push-pull" ideologies of immigration. The immigration act of 1996 (IIRIRA) did just that by adding barriers to the asylum process, restructuring immigration law enforcement, and making a clear distinction between legal and illegal immigration.

Many forcibly displaced people who seek asylum now face new barriers to their asylum application process that makes their entire journey more arduous. IIRIRA changes to asylum policy include increased deportation, high processing fees, resettlement to third countries, one-year deadline, higher burden of proof for withholding proceedings, increased role of immigration officers (rather than judges).

IIRIRA also affected the established family reunification policy of the US with its focus on illegal immigration which was argued to negatively contribute to the American people. The act reinforced policies from 1996 Welfare Reform Act which discussed noncitizen eligibility for welfare benefits. IIRIRA made amendments to revise benefit eligibility and reform the affidavit of support which was used by a migrant's sponsor.

An expansion of law enforcement restricting illegal immigration was also set in place both inside and outside the US such as through enhance bio-tracking, investigating of employees, creating an ID standard, and strengthening cooperation between federal and local law enforcement.

IIRIRA contributed to the prolonging of the shock experienced by migrants. Enforced national exclusion created a multitude of precarious lived in experiences for migrants.

Sector:

Immigrants especially those seeking refuge in the “global North” are faced with an initial lack of resources. These resources may be institutional, political, or financial and they are the catalyst for forced displacement. Refugees and asylees are understood differently in the political sphere and this often gets in the way of them receiving aid. Some arguments are focused on the impotence of the state, others focus on the individual. Providing resources to this community is perceived as a way of creating co-dependence for some.

Important to understand the context of the history of refugees. What conflict are they facing? What forces caused this conflict? The present conflict faced by immigrants in terms of the experience shock is another aspect that must be understood or explored so as to see what “policies” are effective.

Part of the discursive hybrid space fighting for larger state changes. In the U.S. movements have made institutional changes already (e.g. sanctuary cities). Almost feels like a tug of war.

Responses to migration, especially refugees and other forcibly displaced individuals has occurred on global, state, and local platforms. Global platforms are primarily done through international agencies such as the UN and conventions in which different countries agree to protocols. Members of these conventions have defined the status of refugees and put in writing their human rights. These humanitarian responses include: 1951 Refugee Convention, 1967 Protocol Relating to the Status of Refugees, and 1998 Guiding Principles. Both the UN, organizations such as the World Bank, and individual nations have also responded by providing humanitarian aid and military intervention. Despite of this there is still a disparity brought up in the polemics of forced displacement. Refugees appear to be concentrated in the Global South. Refugees who migrate to the Global North can experience a different set of responses that are based on either inclusion or exclusion. State responses can be seen in the 1980 Refugee Act and 1996 IIRIRA. However, there is also a more direct, urban response known as sanctuary cities. These places can provide migrants with some sense of mobility and inclusion which gives migrants access to much needed services that they are deprived of upon their displacement. These resources can provide for the different statuses of migrants (e.g., employment status, health status).

Area
'''"In 1986, the Immigration Reform and Control Act (IRCA) was passed, creating, for the first time, penalties for employers who hired illegal immigrants. IRCA, as proposed in Congress, was projected to give amnesty to about 1,000,000 workers in the country illegally. In practice, amnesty for about 3,000,000 immigrants already in the United States was granted. Most were from Mexico. Legal Mexican immigrant family numbers were 2,198,000 in 1980, 4,289,000 in 1990 (includes IRCA), and 7,841,000 in 2000. Adding another 12,000,000 illegal immigrants of which about 80% are thought to be Mexicans would bring the Mexican family total to over 16,000,000—about 16% of the Mexican population." ( Under 1930s-2000: 1980 Section ) ** Will add new sub-section after this **'''

NEW SECTION TITLE: 1990s: Illegal Immigration Reform and Immigration Responsibility Act of 1996

CONTENT:

Passed in September 1996, the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) was a comprehensive immigration reform focused on restructuring process for admitting or removing undocumented immigrants. Its passing helped to strengthen US immigration laws, restructured immigration law enforcement, and sought to limit immigration by addressing undocumented migration. These reforms affected legal immigrants, those seeking entry into the US, and those living undocumented in the U.S.

1. IIRIRA Changes to Asylum

IIRIRA created new barriers for refugees seeking asylum in the U.S. by narrowing asylum criteria previously established in the Refugee Act of 1980. To prevent fraudulent asylum filings from people who were migrating for economic or work related reasons, IIRIRA imposed an all inclusive filing deadline called the “One Year Bar” to asylum. IIRIRA provided limited exceptions to this rule when an “alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing the application.” IIRIRA also made the asylum process more difficult for refugees by allowing for the resettlement of refugees to third countries, "precluding appeals" to denied asylum applications, implementing higher processing fees, and having enforcement officers rather than judges determine the expedited removal of refugees.

2. IIRIRA and Illegal Immigration

Law enforcement under IIRIRA was strengthened to restrict illegal immigration. The Act sought to prevent illegal immigration by expanding the number of Border Patrol agents and allowing for the Attorney General to obtain resources from other federal agencies. Provisions were also made to improve infrastructure and barriers along the U.S. border area. IIRIRA also delegated law enforcement capabilities to state and local officers via 287(g) agreements. Illegal entry into the U.S. was made more difficult by cooperation between federal and local law enforcement, in addition to stiffening penalties for illegal entry and racketeering activities which included alien smuggling and document fraud.

IIRIRA addressed unlawful migration already present in the U.S. through enhanced tracking systems that included detecting employment eligibility and visa stay violations as well as creating counterfeit-resistant forms of identification. The Act also established the 3 and 10 year re-entry bars for immigrants who accumulated unlawful presence in the U.S. and become inadmissible upon leaving the country.

The restructuring of law enforcement contributed to an increased number of arrests, detentions, and removals of immigrants. Under IIRIRA, the mandatory detention of broad groups of immigrants occurred, including those who were had legal residence status but upon removal could have their status be removed after committing violent crimes. Relief and access to federal services were also redefined for immigrants as the IIRIRA reiterated the 1996 Welfare Reform Act's tier system between citizens, legal immigrants, refugees, and illegal immigrants which determined public benefits eligibility. In addition, IIRIRA also redefined financial self-sufficiency guidelines of sponsors who previously did not have to meet an income requirement to sponsor an immigrant.

Sector
'''"A displaced person who left his or her home because of political persecution or violence, but did not cross an international border, is commonly considered to be the less well-defined category of internally displaced person (IDP), and is subject to more tenuous international protection." (Under Overview and distinctions between the terms Section) '''

In 1998, the UN Commission of Human Rights published the Guiding Principles which defined internally displaced people as "persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights, or natural or human-made disasters and who have not crossed an internationally recognized State border."

 

'''"Displaced people often place their lives at risk, are obliged to travel in inhumane conditions and may be exposed to exploitation and abuse. And on top of that the states where they seek protection may regard them as a threat to their security." (End of ' Conditions ' section)  ** Either add to this section or title new section 'responses/challenges'**'''

NEW SECTION TITLE: Responses to Forced Displacement

CONTENT:

Displaced persons face long-term risks of becoming poorer than before displacement, being financially vulnerable, and socially disintegrated. The impacts of forced displacement are present in the challenges faced by displaced persons and vary according to their ability to recover from the shock of displacement. Individuals are displaced by conflict and then depleted of their assets upon arrival to a new country where they can also face cultural, social, and economic discontinuity.

Responses for refugees and other forcibly displaced persons vary across multiple levels. Response at the global stage is done by participating international agencies (e.g., the United Nations) and by members of global conventions. The rights and protections of categories of displaced people have been addressed in the 1951 Refugee Convention, 1967 Protocol Relating to the Status of Refugees, 1950 establishment of the office of UN High Commissioner for Refugees (UNHCR), and the 1998 Guiding Principles. These protections, however, are not always respected or met.

World organizations such as the United Nations and the World Bank, as well as individual countries have also directly responded to the challenges faced by displaced people by providing humanitarian assistance or forcibly intervening in the country of conflict. The absence of neutrality and limited resources has affected the capabilities of international humanitarian action to mitigate the forces causing mass displacement. These broad forms of assistance can also not fully address the multidimensional needs of displaced persons.

Sources of action can occur at more local levels such as the individual's place relocation. Lived in experiences of displaced persons will vary according the state and local policies of their country of relocation. Policies reflecting national exclusion of displaced persons may be undone by inclusive urban policies. Sanctuary cities are an example of spaces that regulate their cooperation or participation with immigration law enforcement. The practice of urban membership upon residence allows displaced persons to have access to city services and benefits, regardless of their legal status. Sanctuary cities have been able to provide migrants with greater mobility and participation in activities limiting the collection of personal information, issuing identification cards to all residents, and providing access to crucial services such as health care. Access to these services can ease the hardships of displaced people by allowing them to healthily adjust to life after displacement.