Reports
The Myth of “Self-Deportation”
How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” By Alexandra Filindra, Ph.D. The concept of “self-deportation” rests on a deceptively simple premise. According to its supporters, if the federal government invests more in enforcing immigration laws, and if states and localities take on additional immigration control responsibilities, the costs and risks of staying in the United States will increase substantially for undocumented immigrants. Faced with a high risk of being caught and imprisoned, “rational” undocumented residents will “give up and deport themselves” returning to their home countries rather than remain in the U.S. However, preliminary evidence from studies conducted in states where such enforcement laws have been enacted shows that immigration restrictionists have gotten it wrong. Immigrant population in these states has remained in place and the predicted exodus never materialized. Economic factors, rather than enforcement, have played a far more important role in reducing the rate of undocumented entry into the United States. This report uses important research findings from cognitive psychology and behavioral economics to explain why restrictionists have gotten it wrong and people do not behave in the “rational” way that restrictionists expect them to. Read More
Asians in America: A Demographic Overview
Asians in the United States are a highly diverse group that is growing fast not only in size, but in political and economic power as well. Read More
Latinos in America: A Demographic Overview
Latinos in the United States are a diverse and fast-growing group that is amassing considerable economic and political power. As data from the 2010 Census and other sources demonstrate, Latinos now account for one-sixth of the U.S. population. Most Latinos were born in this country, but over one-third are immigrants. Latinos as a whole (both foreign-born and native-born) are sizeable shares of the population and electorate in New Mexico, California, and Texas, but the fastest growing Latino populations are in South Carolina, Alabama, and Tennessee. The Mexican population is by far the largest in size, but the number of Spaniards is increasing the fastest. Latinos work in a diverse range of occupations, and nearly half of Latino households are owner occupied. Latinos also wield significant economic clout. Latino businesses and consumers sustain millions of jobs and add hundreds of billions of dollars in value to the U.S. economy. Read More
Q&A on Office of Inspector General Reports on Secure Communities Program
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States Immigration and Customs Enforcement’s Secure Communities and Communication Regarding Participation in Secure Communities. Why did the DHS OIG issue these reports?The reports were issued at the request of Congresswoman Zoe Lofgren (D-CA) in April 2011 due to concerns about the implementation of Secure Communities, as well as concerns that DHS misled the public and local officials regarding whether the program was mandatory or voluntary. Read More
What Arizona v. United States May Mean for States with Similar Immigration Laws
In April, the U.S. Supreme Court will hear arguments in Arizona v. United States, a case addressing the legality of the Arizona immigration law known as SB 1070. According to the statement of legislative intent, the law was designed to make “attrition through enforcement” the official policy of all state and local agencies in Arizona. Following the passage of SB 1070, numerous other states—including Alabama, Georgia, Indiana, South Carolina, and Utah—passed legislation with similar provisions, which have also been challenged in court. Read More
Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect discretion. To understand the role of discretion fully, however, we need to examine the entire range of opportunities to exercise discretion in immigration enforcement and the cast of decision makers who make discretionary decisions, such as members of Congress who enact laws, Department of Homeland Security (DHS) officers who make arrests, Immigration and Customs Enforcement (ICE) trial attorneys who represent the government in removal proceedings, and immigration judges who preside over those proceedings. This Special Report traces the role of discretion throughout the immigration enforcement process. Understanding these roles is important not only in individual cases, but also in how policymakers write regulations and draft laws. Knowing how the enforcement system anticipates and incorporates discretion is key to understanding how our immigration laws work. Listen to Hiroshi Motomura discuss this report. Read More
Proportionality in Immigration Law: Does the Punishment Fit the Crime in Immigration Court?
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation pursuant to diverse constitutional provisions is well-established in numerous areas of criminal and civil law, in the United States and abroad. Immigration law, however, which is formally termed “civil” but is functionally quasi-criminal, has not previously been subject to judicial or administrative review for conformity to constitutional proportionality principles. Yet it is undisputed that the Due Process Clause—one of the sources of the proportionality principle in American law—applies to immigration proceedings. This Perpsectives suggests that understanding the use of proportionality in criminal and civil law offers immigration practitioners a new way to challenge the status quo, particularly in cases where the underlying basis for the removal order and the resulting consequences of removal are so disparate. Applying established proportionality principles, attorneys and policymakers can both argue for a more sane and balanced approach to immigration enforcement, one that measures the relative nature of an immigration offense against the severity of the current removal system, while securing judicial review of individual removal orders for consistency with constitutional proportionality requirements. Listen to Michael Wishnie discuss this paper: Read More
Latinos in North Carolina: A Growing Part of the State’s Economic and Social Landscape
North Carolina has become a hub of Latino migration to the South. While many think this migration came suddenly, North Carolina has, in fact, been welcoming and integrating Mexican and other Latino migrants for generations. Over the last three decades, the Latino population in North Carolina grew from less than a half percent of the total population to 8.4 percent—more than 800,000 people. North Carolina, which now has more agricultural guest workers than any other state in the nation, has contributed to a quickly growing national population of 50 million Latinos, now the largest minority group in the country. But much is at stake for Latinos, native and newly arrived, as the state and region experience demographic transformation. The polarized nature of the current immigration debate has made the steady growth of Latinos in North Carolina more noticeable and more politically charged. The role of Latinos in North Carolina, however—as workers and residents—is an important and over-looked story of how North Carolina continues to grow and evolve in a changing economy and world. Read More
Immigrant Workers in the U.S. Labor Force
The Brookings Institution and New American Economy published “Immigrant Workers in the U.S. Labor Force,” a study analyzing the differences in both the occupations and education levels of immigrant and native-born workers in the American economy and found that even when working the same sectors, immigrants and native-born gravitate… Read More
Immigrant Workers in the U.S. Labor Force
The Brookings Institution and New American Economy published “Immigrant Workers in the U.S. Labor Force,” a study analyzing the differences in both the occupations and education levels of immigrant and native-born workers in the American economy and found that even when working the same sectors, immigrants and native-born gravitate… Read More
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