Policy Alzahra School The Legal Foundations of Unrestricted Migration Essay please read the powerpint and the rwading in the syllabus very well the exam wi

Policy Alzahra School The Legal Foundations of Unrestricted Migration Essay please read the powerpint and the rwading in the syllabus very well the exam will be available on on July 22nd and it will be a Combination multiple choice, short answer, short essay Immigration Policy
Summer 2020
Course Overview
In this course we will survey past and present U.S. immigration policies, examine how governmental
institutions, political actors, interest groups, and socio-political processes have shaped and responded to
immigration to the United States, and study migration theory. Migration is an international
phenomenon; the course will focus primarily on the United States, but will also examine the global
trends that create the context for immigration policy. Course topics will include immigrant admission,
deportation, and integration at the national, state, and local levels. By the end of this course, students
will have a good understanding of the U.S. immigration system, the various factors that go into shaping
immigration policy and practice today, and the theories that underlie and explain these trends. We will
utilize journal articles as well as contemporary newspaper articles, governmental reports, and other
relevant documents.
Immigration is a contentious and emotional issue. Having strong feelings about the course material is
natural and encouraged. However, everyone must listen respectfully to all arguments presented and
evaluate them based on the available evidence and according to academic standards. I wish to foster a
constructive discourse among the participants.
Goals of the class
Upon completion of this course you should be able to:
•
•
•
•
Understand the historical and contemporary patterns of U.S. immigration and immigration
policy and the forces driving migration.
Understand the multiple social, economic, and political forces that influence migration.
Understand the role of Congress, the executive, the courts, the media, public opinion, and
various civil society organizations in the development of immigration policy.
Communicate your ideas effectively in written and spoken format.
Course Texts and Materials
There are no books for this class. Links to articles and other documents are included in this syllabus or
will be made available by the instructor.
Format
The class format will be mixed, including lectures, review of readings, discussions, and guest speakers.
Any changes in class topics, readings, or activities will be announced in advance.
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Assignments and Grading
•
•
•
Policy commentaries (60% or 20% each): You will write three brief policy commentaries based
on current events or relevant issues. Each commentary will: 1) identify and describe an
immigration policy issue; 2) explain 2 contrasting views on the problem; and 3) describe your
own perspective on what should be done to address the issue and why. We will review current
events in class, and you can use news consolidation sites such as Migratory Notes to keep up on
current issues.
Final exam (25%): Cumulative final exam. Multiple choice, short-answer, essay.
Class participation (15%): You are expected to attend every online class, arrive on time,
complete the required readings before class, and contribute to class discussions. Quality of
participation will be evaluated as well as quantity.
Written assignments
Detailed instructions will be communicated and discussed well in advance of the assignment due dates.
Written assignments will be submitted in electronic form.
Your written work is a fundamental life and professional skill. Regardless of your occupation, you will be
asked to document the work you do in some fashion. It is important that you learn how to express your
thoughts in writing, substantiate your professional opinions and assessments with facts, and present
them in a manner that will command the respect of the reader. The outcome of your work and your
professional reputation will be compromised if your paperwork is late, sloppy, incomplete, inaccurate,
superficial, or just poorly done (adapted from G.M. Samuels, 2012).
Policy for late assignments
No late work will be accepted and no make-up exams will be given, except in the case of a documented
emergency (something unavoidable and out of your control). If you have an emergency, let me know as
soon as possible and I will try to accommodate you. If you miss a due date and do not give me prior
notice, or if you do not have a valid excuse, your written work is subject to a late penalty.
Blackboard
It is your responsibility to check Blackboard and email regularly for class-related communications. I will
post notes, resources, grades, and announcements on Blackboard.
Honor Code
Coursework is expected to be the student’s own original work. Students may use books, notes, and
other sources to prepare assignments. Under no circumstances are students to collectively write papers
with another student, turn in work previously submitted, or use material from other sources (textbook,
websites, journal articles etc.) without proper citation. This will be considered plagiarism and will not be
tolerated. All George Mason University students have agreed to abide by the letter and the spirit of the
Honor Code. You can find a copy of the Honor Code at academicintegrity.gmu.edu. All violations of the
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Honor Code will be reported to the Honor Committee for review. I reserve the right to enter a failing
grade for any student found guilty of an honor code violation.
Disability Accommodations
If you have a documented learning disability or other condition that may affect academic performance
you should: 1) make sure this documentation is on file with Office of Disability Services (SUB I, Rm. 4205;
993-2474; http://ods.gmu.edu) to determine the accommodations you need; and 2) talk with me to
discuss your accommodation needs.
Disclaimer
The instructor reserves the right to alter this syllabus. Any changes will be announced in class and
through email or Blackboard.
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Class Topics and Reading Assignments
June
1
Introduction and Migration Theory
Douglas Massey, et. al. “Theories of International Migration: A Review and Appraisal,”
Population and Development Review 19, No. 3, September 1993.
3
US Immigration history
Aaron Fogleman, “From Slaves, Convicts, and Servants to Free Passengers: The
Transformation of Immigration in the Era of the American Revolution,” The Journal of
American History, Vol. 85, No. 1, June 1998, pp. 43-76.
Alex Wagner, “America’s Forgotten History of Illegal Deportations,” The Atlantic, March
6, 2017
Irene Hsu, “The Echoes of Chinese Exclusion,” The New Republic, June 28, 2018
8
The US Immigration System – Family and Employment Based Immigration
William Kandel, “Permanent Legal Immigration to the US: Policy Overview,”
Congressional Research Service, May 11, 2018
Harriet Duleep, et. al. “The Immigrant Success Story: How Family-Based Immigrants
Thrive in America,” American Immigration Council, 2018
Alan Hyde, “The Law and Economics of Family Unification,” Georgetown Immigration
Law Journal 28:1 (2014)
10
Refugees and Asylees
Karen Jacobsen, “Refugees and Global Migration.” See attachment in Blackboard
Refugee Admissions and Resettlement Policy, Congressional Research Service,
December 2018
“Refugees and Asylees: 2018,” DHS Office of Immigration Statistics, October 2019
15
Legality and Illegality
Michael Jones-Correa and Els De Graauw, “The Illegality Trap: The Politics of
Immigration and the Lens of Illegality,” Daedalus 142(3), July 2013.
Douglas Massey and Karen Pren, “Unintended Consequences of US Immigration Policy:
Explaining the Post-1965 Surge from Latin America,” Population and Development
Review, March 2012.
4
Robert Warren “Reverse Migration to Mexico Led to US Undocumented Population
Decline: 2010 to 2018,” Journal on Migration and Human Security, Feb 26, 2020.
Policy Commentary #1 Due
17
Interest Groups and Public Opinion
Ted Brader, et al, “What Triggers Public Opposition to Immigration? Anxiety, Group
cues, and Immigration Threat,” American Journal of Political Science, Vo. 52, No. 4,
October 2008.
Michelle Mittelstat, Doris Meissner, and Muzzafar Chishti. “Through The Prism of
National Security: Major Immigration Policy and Program Changes in the Decade Since
9/11.” Washington, DC: Migration Policy Institute. 2011.
https://www.migrationpolicy.org/research/post-9-11-immigration-policy-programchanges
“Beyond the Clash: How a Deliberative Public Talks about Immigration” The Kettering
Foundation, 2019
22
DACA, the DREAM Act, and Immigrant Students
Roberto Gonzales. “Learning to be Illegal: Undocumented Youth and Shifting Legal
Contexts in the Transition to Adulthood.” American Sociological Review 2011, 76(4), pp.
602-619. https://journals.sagepub.com/doi/10.1177/0003122411411901
Michael Olivas, “The Political Economy of the DREAM Act and the Legislative Process: A
Case Study of Comprehensive Immigration Reform,” Wayne Law Review, Vol. 55:1757,
2009. http://law.uh.edu/ihelg/ab540/Olivas-political-economy.PDF
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Citizenship and Naturalization
10 Steps to Naturalization https://www.uscis.gov/sites/default/files/USCIS/files/M1051.pdf
Citizenship Through Parents https://www.uscis.gov/us-citizenship/citizenship-throughparents
Birth of US Citizens Abroad https://travel.state.gov/content/travel/en/internationaltravel/while-abroad/birth-abroad.html
Dara Lind, “Denaturalization, explained: how Trump can strip immigrants of their
citizenship,” Vox, July 18, 2018
https://www.vox.com/2018/7/18/17561538/denaturalization-citizenship-task-forcejanus
5
New York Times. “Room for Debate: The GOP and Birthright Citizenship” (with
contributions from Peter Wehner, Steven Camarota, Hiroshi Motomura, Tamar Jacoby,
Peter Schrag, and John J. Pitney. 2010.
https://www.nytimes.com/roomfordebate/2010/08/16/the-gop-and-birthrightcitizenship
Garrett Epps, “Constitutional Citizenship: A Legislative History.” American Immigration
Council, March 2011.
https://www.americanimmigrationcouncil.org/research/constitutional-citizenshiplegislative-history
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Immigration Courts (Guest lecturer)
Two Systems of Justice: How the Immigration System Falls Short of American Ideals of
Justice, American Immigration Council, March 2013.
https://www.americanimmigrationcouncil.org/research/two-systems-justice-howimmigration-system-falls-short-american-ideals-justice
Fact Sheet: Immigration Courts, National Immigration Forum
https://immigrationforum.org/article/fact-sheet-immigration-courts/
How Immigration Court Works, The Conversation, https://theconversation.com/howimmigration-court-works-98678
July
1
Immigration Enforcement
Migration Policy Institute, Immigration Enforcement in the United States: The Rise of a
Formidable Machinery. (READ ONLY THE Report in Brief)
http://www.migrationpolicy.org/research/immigration-enforcement-united-states-riseformidable-machinery
Sarah Pierce, Jessica Bolter, and Andrew Selee, “U.S. Immigration Policy Under Trump:
Deep Changes and Lasting Impacts,” Migration Policy Institute, July 2018.
https://www.migrationpolicy.org/research/us-immigration-policy-trump-deep-changesimpacts
Policy Commentary #2 Due
6
The Role of the Executive Branch
Ruth Ellen Wasem, “Immigration Governance for the Twenty-First Century,” Journal on
Migration and Human Security,” Vol. 6, Number 1 (2018): 97-120.
6
Michele Waslin, “The Use of Executive Orders and Proclamations to Create Immigration
Policy: Trump in Historical Perspective,” Journal on Migration and Human Security,
March 3, 2020
8
State and Local Responses: Immigration Federalism
Daniel Tichenor and Alexandra Filindra, “Raising Arizona v United States: Historical
Patterns of American Immigration Federalism,” Lewis and Clark Law Review, 16:4, p.
1215-12-47. https://law.lclark.edu/live/files/13227-lcb164art3tichenor.pdf
Allan Cobern and Karthick Ramakrishnan, “Citizens of California: How the Golden State
Went from Worst to First on Immigrant Rights” New Political Science, Vol 40, 2018, Issue
2
https://www.tandfonline.com/doi/full/10.1080/07393148.2018.1449065?scroll=top&n
eedAccess=true
13
The Fiscal and Economic Impact of Immigration
David Dyssegaard Kallick, “Immigration’s Impacts on the Long Island Economy,” Fiscal
Policy Institute.
http://www.hofstra.edu/pdf/academics/colleges/hclas/cld/cld_f10_immigration_impac
ts.pdf
Steven Camarota, “Deportation vs. the Cost of Letting Illegal Immigrants Stay,” Center
for Immigration Studies, August 2017. https://cis.org/Report/Deportation-vs-CostLetting-Illegal-Immigrants-Stay
Pia Orrenius, “New Findings on the Fiscal Impact of Immigration in the United States,”
Federal Reserve Bank of Dallas, April 2017
15
TBD
Policy Commentary #3 Due
20
Immigration and Gender
Virginia Sapiro, “Women, Citizenship, and Nationality: Immigration and Naturalization
Policies in the United States,” Politics and Society, 1984.
Sabrina Balgamwalla, “Bride and Prejudice: How US Immigration Law Discriminates
Against Spousal Visa Holders,” Berkeley Journal of Gender, Law & Justice, Issue 1, Winer
2014.
7
22
Where Does the US Go From Here?
Robert Draper, ”The Democrats Have an Immigration Problem,” The New York Times
Magazine, October 10, 2018.
Michael Jones-Correa and Els de Graauw, “Looking Back to See Ahead: Unanticipated
Changes in Immigration from 1986 to the Present and Their Implications for American
Politics Today” Annual Review of Political Science 2013, 16:209-230.
https://www.researchgate.net/publication/234146737_Looking_Back_to_See_Ahead_U
nanticipated_Changes_in_Immigration_from_1986_to_the_Present_and_Their_Implicat
ions_for_American_Politics_Today
Hiroshi Motomura, “What is Comprehensive Immigration Reform – Taking the Long
View,” Arkansas Law Review, Vol. 63:225, 2010.
https://escholarship.org/content/qt27n3x5km/qt27n3x5km.pdf
John Skrentny and Micah Gell-Redman, “Comprehensive Immigration Reform and the
Dynamics of Statutory Entrenchment,” Yale Law Review, Vol. 120, March 2011.
https://www.yalelawjournal.org/forum/comprehensive-immigration-reform-and-thedynamics-of-statutory-entrenchment
8
Understanding
Family-Based and
Employment-Based
Immigration
June 8, 2020
Three Principles


Family Reunification
Filling Employment Needs

Humanitarian Aid
FAMILY-BASED IMMIGRATION
Category
Immediate
relatives
U.S. Sponsor
Relationship
Numerical Limit
U.S. citizen
Spouses, unmarried
minor children,
parents
Unlimited
Preference System
226,000
1
U.S. citizen
Unmarried adult
children
23,400
2A
LPR
Spouses and minor
children
87,900
2B
LPR
Unmarried adult
children
26,300
3
U.S. citizen
Married adult children
23,400
4
U.S. citizen
Brothers and sisters
65,000
VISA BULLETIN FOR JUNE 2020
Category
China
(Mainland)
India
Mexico
Philippines
All others
1
May 2014
May 2014
November
1997
February
2011
May 2014
2A
Current
Current
Current
current
current
2B
March
2015
March
2015
February
1999
September
2010
March 2015
3
April 2008
April 2008
June 1996
April 2001
April 2008
4
August 2006
January
2005
May 1998
February
2001
August 2006
4.2 MILLION APPLICANTS ON WAITING LIST
Family Waiting List as of Nov. 1, 2017
3,000,000
2,466,667
# of People Waiting
2,500,000
2,000,000
1,500,000
1,000,000
500,000
781,810
310,884
276,839
One
Two A
423,373
0
Two B
Preference
Three
Four
LEGAL PERMANENT IMMIGRANTS
NEW LEGAL PERMANENT RESIDENTS BY CLASS OF ADMISSION 2016
Refugees and
asylees:
157,425
Other…
Diversity program:
49,865
Employmentbased
preferences:
137,893
Family-sponsored
preferences:
238,087
Immediate
relatives:
566,706
CHAIN MIGRATION AND MULTIPLIERS
Year of arrival
Family Migration Multiplier
1981-1985
2.59
1986-1990
1.11
1991-1995
1.40
1996-2000
3.46
Total
1.77
Source: Carr and Tienda, 2012
2018 PROPOSAL
Category
Existing Law
FY2018
Spouses of citizens
Minor children of citizens
Spouses and minor children of LPRs
Parents of citizens
Unmarried adult children of citizens
Unmarried adult children of LPRs
Married adult children of citizens
Siblings of citizens
Diversity
Asylees
Employment-based
Refugees
Other
Total number admitted
Number of fewer legal immigrants
Percentage decrease
304,358
88,494
94,290
173,854
22,072
26,977
27,392
67,356
49,865
37,209
137,893
45,000
33,529
1,108,289
Source: CATO Institute
White House
Framework
304,358
75,220
0*
Eliminated
Eliminated
Eliminated
Eliminated
Eliminated
Eliminated
18,605
137,893
45,000
33,529
616,712
491,577
-44%
PERMANENT EMPLOYMENT-BASED IMMIGRATION
Preference
Relationship
Employment-Based Preference Immigrants
Numerical Limit
140,000 TOTAL
1st
Priority workers: persons of extraordinary
ability in the sciences, arts, education,
business, or athletics; outstanding professors,
researchers; certain multinational executives
40,040
(28.6%)
2nd
Members of the professions holding advanced
degrees or aliens of exceptional abilities in
the sciences, arts or business
40,040
(28.6%)
3rd
Skilled shortage workers with at least 2 years
training or experience; professionals with
BAs; unskilled shortage workers
40,040 (28.6%)
“other workers”
limited to 10,000
4th
Special Immigrants including ministers;
religious workers, certain US govt employees,
and others
9,940 (7.1%)
Religious workers
limited to 5,000
5th
Immigrant investors who invest at least $1M
(or $500,000 in certain cases) in a new
business that creates at least 10 jobs
9,940
(7.1%)
VISA BULLETIN FOR JUNE 2020
Preference
China
(Mainland)
El
Salv/Guat/
Honduras
India
Mexico
Philippines
Vietnam
All others
1st
Priority
workers
August 2017
Current
June
2016
Current
Current
Current
Current
2nd
Advanced
degrees
November
2015
Current
June
2009
Current
Current
Current
Current
June 2016
(other
workers July
2008)
November
2017
April
2009
Novembe
r 2017
November
2017
November
2017
November
2017
4th
Certain
special
immigrants
Current
December
2016
Current
June
2018
Current
Current
Current
5th
investors
July 2015
Current
January
2020
current
current
April 2017
Current
3rd
Skilled
workers;
professionals
Temporary (Non-immigrant)
Employment-Based Visa
Classifications: H-1B
Who is
eligible
Foreign
professionals
in “specialty
occupations”
Numerical
limits
65,000 per
year plus
20,000 for
professionals
with US
master’s or
higher
Duration
Employer
requirements
Bring spouses/
children
Initially
admitted for
up to 3 years;
may be
extended to
up to 6 years
total
Attest
employment
will not
adversely
affect wages/
working
conditions of
similarly
employed US
workers; wage
requirements
Yes, H-4 visas;
certain
spouses
allowed to
work*
Temporary Employment-Based
Visa Classifications: H-2A
Who is
eligible
Temp
agricultural
workers from
certain
designated
countries
Numerical
limits
No annual
limit
Duration
Employer
requirements
Initially
admitted for
period
approved
employment;
may be
renewed in
increments of
1 year, max 3
years
Attest no
qualified US
workers who
can fill job
are available.
Comply with
recruitment,
wage,
benefits,
housing,
transport and
other req’s
Bring
spouses/
children
Yes, H-4 visa
but may NOT
work
Temporary Employment-Based
Visa Classifications: H-2B
Who is
eligible
Seasonal nonagricultural
temporary
workers
Numerical
limits
66,000 per
year
Duration
Initially
admitted for
period up to 1
year; may be
renewed
twice for
total up to 3
years
Employer
requirements
Bring
spouses/
children
Attest that no Yes, H-4 visa
qualified US
but may NOT
workers can
work
fill position
are available;
comply with
wage,
housing,
transport,
and other
requirements
Other temporary work
categories
TN
Treaty NAFTA professionals
R
Religious Occupation
P
Athlete, Artist, Performer
O
Extraordinary ability
L
Intracompany transferee
I
Foreign media
E
Treaty Trader/Investor
HUMANITARIAN
IMMIGRATION
SYSTEM
June 10, 2020
■ Refugees: a person residing outside of his or her country of nationality who is
unable or unwilling to return because of a “well-founded fear of persecution on
account of ra…
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