Immigration Policies Controlling Immigration Week2-Lecture1

Immigration Policy consists of two parts: Immigration control policy: Rules and policies governing the selection and admission of foreign citizens as permanent residents, migrant (temporary) workers, and refugees. Also try to restrict irregular migration flows. Immigrant policies: Policies, rights and conditions provided to resident immigrants that facilitate (or restrict) their integration into the host society.

Two Central Hypotheses Regarding Immigration Policies (Cornelius et.al.,) 1) Gap Hypothesis: Significant and persistent gaps exist between official immigration policies and actual policy implementation and outcomes 2) Convergence Hypothesis: There is growing similarity among labor-importing countries in terms of immigrant and immigration policies.

What determines a country ’ s immigration (control) policy? 1) Economic Condition: Recession versus stability or growth 2) Country ’ s history with immigration and diversity: – Settler states that have experience with large levels of immigration. Heterogeneous ethnic composition ie. US, Australia and Canada – Ethnically homogenous states with shared ethnicity and culture. Late migration destinations. These countries/public oppose large scale migration-especially of different ethnic groups-

3) Political bargaining between interest groups,political parties and the government: Governments can adopt restrictive immigration policies due to pressures from interest groups such as labor unions. Anti-immigration parties gain power at times of economic downturn. Interest (pressure) groups: Labor unions (perspective shifted over time) Employers (support migration) Ethnic organizations or immigration rights groups (support migration and legalization programs) Anti-immigration groups (against migration)

State and local immigration control measures: What happens at sub-national levels affects conditions of employment, housing, education and life chances of immigrants. Important variations between states exist. Restricting driver ’ s licenses based on immigration status Requiring driver ’ s tests in English only Bar non-emergency health care, unemployment benefits and other cash assistance to unauthorized immigrants Require unauthorized immigrants to pay out-of-state college tuition rates Require landlords to rent only to legal residents Require businesses to verify that all employees are legal residents Authorize police to enforce immigration laws

State and local immigrant protection/integration measures Replacing social welfare benefits cut off by federal government (e.g., 1996 federal “welfare reform” act) Political representation: voting in local elections, etc. English-as-a-second-language classes for adult immigrants Provide incentives and programs to become citizens Allowing unauthorized immigrant students to pay in-state college tuition (California: Assembly Bill 540)

Assembly Bill 540 (signed by Gov. Gray Davis in 2001)

Why are states and localities making their own immigration policies? -- Filling the vacuum created by federal policy failures/inaction -- Symbolic acts: sending a message to Washington, sanctuary declarations -- Get votes / Reduce constituent complaints

Explaining state and local immigration policies Pro-immigrant/inclusionary policies more likely in: a) places where immigrants play important role in local economy b) where immigrants are well-connected to native-born residents c) where local political culture is liberal/inclusive Anti-immigrant/exclusionary policies more likely in: a) places where immigrants play little role in local economy b) where immigrants are isolated from native-born residents c) where political culture isconservative/exclusionary

Controlling Illegal Immigration

Stock of unauthorized immigrants living in the United States (estimate by Pew Hispanic Center, March 2006) Net increase between : a year

Strategies Adopted by Governments to Restrict Illegal Immigration 1)Enforcement of employment sanctions 1986 Immigration Reform and Control Act (IRCA) made knowingly hiring of illegal immigrants a punishable act Shortcomings: European and US policies regarding employer sanctions have failed to bring down the number of illegal immigrants because of failure to implement these policies.

2) Legalization or amnesty programs : Bring people out of the shadows / confer legal status Bracero Program ( ) IRCA ( ) France, Italy, Spain (1990s) Overall improvement in the socio-economic status of those legalized. Shortcomings: Immigrants afraid to come forward. Increase anti-immigration sentiments Attract additional illegal immigrants (unintended consequences)

3) Temporary (seasonal) foreign workers programs: European Guestworker Program (60s and 70s) Similar policies adopted in the post-cold War era (1990s) Short term employment with no rights or prospect of permanency attached Aim: Curb illegal migration and human smuggling Shortcomings: Criticized for lack of human concern Effectiveness questioned

4) Regional Economic/Legal Integration - Strategies to foster economic development abroad (through international assistance programs or regional economic cooperation) to minimize incentives for workers to migrate or enter another country illegally (ie NAFTA) - Removal of border control for EU member states and their citizens (doesn’t apply to non-citizen migrants); Synchronization of migration/refugee regimes (ie. EU/ 1995 Schengen Agreement)

New Final Date: June 8 th (As announced originally by UCSD) Will be updated on syllabus on class website ( )