|
|
Autumn
2000 |
Summary:
. Overview: Immigration
in the United States | in
the European Union
. Selection of links: Laws &
Procedures | Immigration
Law Reform | Campaigning
NGOs | Research Institutes
| Transatlantic Co-operation
| Conferences and meetings
| Periodical and newsletters
| Discussion lists
| General Guides
....................................................................
Overview
--
UNITED STATES --
In 1998, approximately 737,000 new immigrants
and refugees arrived in the US or were granted
permanent residence. Of these, 604,000 entered
as lawful permanent residents and another 133,000
came as refugees, asylum seekers, or others
fleeing persecution.
Legal immigration
The US selection of legal immigrants is quite
complex, but is related at least the following
components - family, employment, and humanitarian.
* The US family immigration program admits the
spouses, parents, and minor children of US citizens
without numerical limits. However, US family
immigration program has limited categories for
the adult sons and daughter of citizens, the
siblings of citizens, and the spouses and children
of non-citizens.
* The employment-based categories are a quite
complicated collection of preferences ranging
from "priority workers" to unskilled and religious
workers and investors. Through employment-based
immigration, a US employer can sponsor an individual
for a specific position where there is a demonstrated
absence of US workers.
* The humanitarian categories include refugees
and asylees.
In addition, there is a visa lottery
for people from countries other than the primary
sources of current immigration. The US government
makes available 55,000 permanent residence visas
each year through a computer-generated lottery
drawing. A permanent residence visa is commonly
referred to as Green Card. This visa
class entitles the holder to live and work in
the United States of America permanently.
Naturalization
Naturalization is the process by which eligible
legal immigrants become US citizens. The process
is not an easy one. It requires that immigrants
live in the US for five years (three years if
they are married to a US citizen), demonstrate
that they understand, speak, write ordinary
English and that they have a knowledge of US
history and government, that they did not commit
serious crimes and show that they are of "good
moral character" and, finally, swear allegiance
to the United States. Over time most of the
immigrants become citizens.
Refugees and Asylum
Immigration to the United States based on humanitarian
is related to two components: refugee resettlement
and asylum.
* Refugee resettlement
A refugee is defined as a person outside his
country of nationality who is unable or unwilling
to return because of persecution or a founded
fear of persecution on account of race, religion,
nationality, membership in a particular social
group, or political opinion.
A refugee applies from abroad, documenting the
facts and circumstances that qualify him for
refugee status, and waits until his case is
rejected or approved by U.S. immigration authorities.
Numerical quotas set limits (90,000 in 2000).
There is actually an ongoing debate over who
should qualify.
* Asylum
Thre is no numerical limit. The applicant has
to be present in the USA, legally or illegally.
In 1998, the U.S. received more than 50,000
petitions for asylum; approximately 16,000 grants
were awarded.
In either case, the refuge or asylee may apply
for permanent residence (a "green card") after
one year.
Illegal immigration
The US Immigration and Naturalization Service
(INS) estimates that there are about 6 million
illegal people living in the United States.
This number increases by more than 200,000 per
year.
The INS estimates that 60 % of illegal residents
entered the United States by sneaking across
the border, and 40 % entered legally but overstayed
their visas.
USA response to illegal immigration has been
increased border enforcement.
Immigration flows
Most of the legal immigrants came in 1998 from
Mexico, China, India, Philippines, the Dominican
Republic Vietnam, Cuba, Jamaica, El Salvador,
Korea.
Most of the refugees resettled in the U.S. in
1998 came from Bosnia and Hercegovina, the Former
Soviet Union, Vietnam, Somalia, Iran, Cuba,
Liberia, Iraq, Sudan, Burma.
During the 1990s, the United States admitted
the largest number of immigrants in its history.
The immigrant flow is less varied than before,
with more than 50 percent of post-1970 immigrants
coming from Spanish-speaking Latin America.
Ongoing mass immigration is hindering the economic
assimilation of immigrants, with immigrant wages
falling behind those of natives and immigrant
poverty steadily growing.
--
EUROPEAN UNION --
There are today 13 million non-EU nationals
in the 15-EU member states.
At the middle of the 70's, all European countries
put a term at the economic immigration of extra-community
origin. From the middle of the 70's on, legal
immigration related to nothing any more but
a few categories of people: students, trainees,
people with a very high occupational qualification,
and especially - within the framework of the
family regrouping - members of the family from
abroad installed in the European country since
a long time.
Under these conditions, for which does not concern
these particular categories, the procedure of
asylum became the only legal way of access.
Almost all European countries modified the procedure
of asylum during the last years with the aim
of limiting the number of the requests and of
preventing possible diversions.
If one excludes the particular dispositions
applicable to the nationals of the Member States
of the European Union, immigration in Europe
is primarily due to the family regrouping, the
requests of asylum and the input of the clandestine
immigration.
We can highlight three common points in the
legislations relative to the immigration and
to the right of asylum and in force in the different
EU member states:
- the definition of the 'family entry and
settlement'
In all EU countries, the rules of the family
regrouping have been complicated and hardened
since 1984. Subjected to several conditions
of incomes and housing, the 'family regrouping'
is in theory limited to the family unit in a
strict sense.
- the modifications brought to legislations
relative to the right of asylum : confronted
with the flow growing of the applicants, all
EU countries reformed or tried to reform their
law on the right of asylum in the goal to limit
the number of the requests and to accelerate
their processing.
- the fight against the illegal immigration.
In Germany, as in Belgium or United Kingdom,
..., common measures were taken: the creation
of new infringements relating to the irregular
input; the aggravation of the preexistent sanctions;
the reinforcement of the fight against clandestine
work; the multiplication of the obligations
imposed to the conveyors.
The bringing together of the Member States on
these questions knew two legal results: Schengen
Agreements signed in 1990 ( implemented in 1995)
and the Treaty of Amsterdam signed in October
1997.
Schengen Agreements instituted between the EU-States
a zone of freedom of movement : the Schengen
Zone.
Moreover, the European institutions held partly
from now the decision power in the field of
immigration. Such is, indeed, the principal
provision of the treaty of Amsterdam.
The (phased) introduction of the EU rules lead
to a major transfer of competences of the States
towards the institutions of Brussels. Thus the
migratory questions are registered, more and
more, from the European point of view.
Particular dispositions applicable to the
nationals of the Member States of the European
Union
The Treaty on the European Union, signed in
1992 in Maastricht, defines for the first time
the "citizenship of the Union". In reference
to the citizenship attached to a State, the
European citizenship indicates a relation among
the citizen and the European Union, defined
by rights, duties and participation to the political
life.
A citizen of the European Union is a person
having the nationality of a member state. The
citizenship of the European Union, which completes
the national citizenship, consists of a set
of rights adding to those attached to the citizenship
of a member state.
The entry to another member state can be refused
only for reasons of security or health service
and should be justified (as well as the eviction).
Beyond 3 months of stay, it is necessary to
ask for a title of stay which is granted.
Every citizen of a country of the European Union
can stay freely in the country of the European
Union of his choice:
- for a short stay (three or six months, according
to countries), no visa nor resident's permit
is asked.
- for a long or permanent stay (beyond three
in six months, according to countries), the
citizen should ask for a (renewable) resident's
permit.
This one is almost automatically granted for
five years to the person by the authorities
of the country where he wants to settle down,
on condition that he has the necessary incomes/resources,
that he does not ask for the social work of
the host country and that he does not represent
a threat for the law and order.
It is not necessary to ask for a work permit.
The students (subject to a certificate of registration
in a superior educational establishment), pensioners
and the other "non-assets("non-active persons")
have the same right as the employees to settle
down and to live in any country of the European
Union, if they have a health insurance and sufficient
incomes. An European citizen has the right to
settle his family in another European country.
This one benefits also from the right of stay
(for the students: limitation to the spouse
and to the dependent children). An entrance
visa can be required for a person coming from
a third country.
It is not necessary to ask for a work permit.
The students (subject to a certificate of registration
in a superior educational establishment), pensioners
and the other "non-assets ("non-active persons")
have the same right as the employees to settle
down and to live in any country of the European
Union, if they have a health insurance and sufficient
incomes.
A European citizen has the right to settle his
family in another European country. This one
benefits also from the right of stay (for the
students: limitation to the spouse and to the
dependent children).
An entrance visa can be required for a person
coming from a third country.
Free Movement
It is not necessary any more to present its
papers when a EU citizen goes from Paris to
Madrid, from Strasbourg to Cologne or from Lille
to Brussels. The controls of persons on the
borders are indeed removed between the ten countries
which apply the Agreement of Schengen: Germany,
Austria, Belgium, Spain, France, Greece, Italy,
Luxemburg, Netherlands, Portugal.
The Treaty of Amsterdam widens the free movement
to fifteen member states (with particular conditions
for United Kingdom, Ireland and Denmark).
However, a country can at any time decide to
restore temporarily controls if he estimates
its safety threatened. France, with Belgium
and Luxemburg, did it, because they considered
that there were risks of entrance of drug from
Netherlands by Dutch borders.
EU countries put for conditions in the free
passage of the internal borders, intensification
of the controls on the outside borders on one
hand and the cooperation between national police
forces on the other hand. The countries of the
European Union get on common measures of prevention
and repression.
Asylum
The right of asylum is governed in the European
Union by the Agreement of Dublin today of June
15, 1990, which establishes that a applicantof
asylum can deposit his demand only in the country
of the European Union by which he entered on
the community territory.
The Treaty of Amsterdam foresees a harmonization
of the national legislations in right of asylum.
This harmonization seems to be difficult : EU
member states keep indeed different interpretations
of a "sure" third country or a "considered dangerous"
country.
Selection
of links
| IMMIGRATION
LAWS, REGULATIONS, PROCEDURES |
-- UNITED STATES --
. Immigration
and Naturalization Service (INS)
US Immigration and Naturalization
Service website: information on Immigration
Laws and Procedures.
* Downloable
forms, fees and fingerprints : most
of these forms require the payment of
a fee in order for INS. Some applicants
may pay also an additional and separate
fee for fingerprinting.
* Immigrant services and benefits: citizenship,
asylum,
lawful
permanent residency, employment
authorization, refugee
status, inter-country
adoptions, foreign
student authorization.
* Law
Enforcement and Border Management
: Border Management units -- comprised
of the Border Patrol and Inspections,
and our Interior Enforcement units --
comprised of Intelligence, Investigations,
Detention and Deportation
. Laws,
regulations and interpretations controlling
immigration in the USA and the
work of the INS.
. US
Bureau of Consular Affairs:
Visa Services
Legal information on visa and immigration
affairs: Visitor and Student Visas,
Immigrant Visas, Employment Visas, Marriage
to Foreign Nationals, …
. Diversity
Immigrant Visa Lottery
The Diversity Immigrant Visa Lottery
(Green Card Lottery) has been established
in the 1996 Immigration Act in order
to give immigration opportunity to natives
from countries other than the main source
of immigration to the USA.
The year 2001 lottery program is called
DV-2003 because permanent residence
visas under this program will be issued
in fiscal year 2003, starting October
1, 2001.
. Executive
Office for Immigration Review of the
US Department of Justice
Iincludes the nation's immigration judges
as well as the Board of Immigration
Appeals, the highest US immigration
tribunal.
. US
Bureau of Population, Refugees, and
Migration (PRM)
Within the government, PRM has primary
responsibility for formulating policies
on population, refugees, and migration,
and for administering U.S. refugee assistance
and admissions programs. The Bureau
is headed by an Assistant Secretary
of State under the direction of the
Under Secretary of State for Global
Affairs.
--
EUROPEAN UNION --
. Directory
of EU Community legislation in force:
Area of freedom, security and justice
Including Dublin Convention, Schengen
Agreement, Council Decision of 16 December
1996 on monitoring the implementation
of instruments adopted by the Council
concerning illegal immigration, readmission,
the unlawful employment of third country
nationals and cooperation in the implementation
of expulsion orders; Council recommendation
of 22 December 1995 on harmonizing means
of combating illegal immigration and
illegal employment and improving the
relevant means of control; …
. Treaty
of Amsterdam, signed on 2 October
1997
The aim of the negotiations was clear:
to create the political and institutional
conditions to enable the European Union
to meet the challenges of the future
such as the rapid evolution of the international
situation, the globalisation of the
economy and its impact on jobs, the
fight against terrorism, international
crime and drug trafficking, ecological
problems and threats to public health.
The mandate of the Intergovernmental
Conference was partly determined by
the treaties themselves, but the European
Council added a number of specific questions
about the working of the institutions,
such as the composition of the Commission
and the weighting of votes in the Council.
Other subjects raised by the Community
institutions or the Member States were
also added to the agenda as the negotiations
progressed.
.
'Immigration and Asylum' - A Comparison
of the legislations in force in the
different EU countries (report of
the French Senat) - in French only
. Information
report on
the European co-operation in the immigration
field
(in the
name of the French Senat Commission
of the Foreign Affairs and Defense,
by Mr Paul MASSON, French Senateur)
- June 2000 - in French only
National legislations:
. United Kingdom:
UK
Immigration & Nationality Directorate
The UK government body responsible for
enforcing the immigration laws, and
immigration control. The web site contains
detailed information on UK immigration
rules and policies.
. France:
- 'Droit
des étrangers', from SOS-Net
Provides summary information on French
Immigration Law - in French only |
| IMMIGRATION
LAW REFORM |
|
-- UNITED STATES --
. U.S.
Commission on Immigration Reform
(USCIR)
The bipartisan U.S. Commission on Immigration
Reform was authorized by Section 141
of the Immigration Act of 1990 and expired
on December 31, 1997.
The mandate of the Commission was to
review and evaluate the implementation
and impact of U.S. immigration policy
and to transmit to the Congress reports
of its findings and recommendations.
In particular, the Commission examined
the implementation and impact of provisions
of the Immigration Act of 1990 related
to family reunification, employment-based
immigration, and the program to ensure
diversity for the sources of U.S. immigration.
The Commission's first interim report
"U.S.
Immigration Policy: Restoring Credibility",
presented to Congress on September 30,
1994, focused primarily on controlling
illegal immigration with unanimous recommendations
for border management, work-site verification,
program eligibility, and impact aid
for states affected by illegal immigration.
The Commission's second interim report,
"Legal
Immigration: Setting Priorities",
was presented to Congress in 1995.
Whereas the previous report focused
on illegal immigration, this report
presents near unanimous recommendations
on family and employment-based immigration,
refugee admissions, and naturalization/Americanization.
The Commission made two final reports
to Congress in 1997: "U.S.
Refugee Policy: Taking Leadership";
and "Becoming
An American: Immigration and Immigrant
Policy".
--
EUROPEAN UNION --
- - "EU:
Third-Country Migrants"
There are 13 million non-EU nationals
in the 15-EU member states. European
Justice and Home Affairs Commissioner
Antonio Vitorino, announced on October
5, 2000 that the European Commission
would propose new rights for legal third-country
immigrants in education, social security
and employment, and establish criteria
for harmonizing member-states' policies
on the expulsion of non-EU nationals
...
A prospective analysis from Migration
News/ Migration Dialogue - October
2000
- "Door
opens to common EU immigration policy"
The European Commission intends to ask
member countries to forecast how many
immigrants they wish to admit in future
and what sort of skills they should
have, as a first step towards setting
a common European Union immigration
policy. The Commission launches a debate
on Wednesday, on immigration and how
the EU should bolster a declining population.
A move towards a common immigration
strategy is politically sensitive. The
Commission's discussion paper recognises
this ...
An article by Deborah Hargreaves, Financial
Times - November 2000
|
| CAMPAGNING
NGOs |
|
-- UNITED STATES --
· International
Institute of San Francisco
The mission of this institute is to
enable immigrants, refugees, and their
families to become effective, responsible
participants in community life.
. National
Immigration Forum (NIF)
This NGO defends legal immigration,
fights anti-immigrant prejudice, and
aims to preserve the American tradition
of diversity.
· New
York Association for New Americans
(NYANA)
A resettlement association offering
information for immigrants and refugees,
immigration policy updates, answers
to legal questions, and services for
employers.
. Federation
For American Immigration Reform
(FAIR)
A nonprofit organization of concerned
citizens favouring reform of US immigration
policies. Online resources include data
on US immigration and infomation on
US immigration law, papers related to
immigration, and abstracts of publications.
. Immigration
and Refugee Services of America Network
(IRSA)
A network of nonprofit organizations
serving immigrants, refugees, and other
foreign-born people worldwide. It coordinates
refugee resettlement and immigration
programs, provides policy leadership,
develops public information.
. Californians
for Population Stabilization
A non-profit, non-partisan, member based
organization dedicated to tackling the
controversial twin pillars: high fertility,
and high immigration rates.
. The
Lesbian and Gay Immigration Rights Task
Force
The Lesbian and Gay Immigration Rights
Task Force (LGIRTF) is a coalition of
immigrants, attorneys and other activists
that addresses the widespread discriminatory
impact of immigration laws on the lives
of lesbians, gay men and people with
HIV through education, outreach and
advocacy and by providing legal services,
information, referrals, and support.
. Negative
Population Growth
A national membership organization founded
in 1972 to educate the American public
and political leaders about the detrimental
effects of over population on our environment
and quality of life. NPG advocates a
smaller and truly sustainable United
States population accomplished through
voluntary incentives for smaller families
and immigration limited to 100,000 annually.
. NumbersUSA
This non-profit, non-partisan organization
supports immigration reform, discusses
the effects of legal immigration on
the US population.
. U.S.
Border Control
A non-profit, citizens lobby dedicated
to ending illegal immigration by securing
our nation's borders and reforming our
border and immigration policies.
--
EUROPEAN UNION --
. Dutch
Refugee Council
Aims: protection of the refugees and
asylum seekers based on the Universal
Declaration of Human Rights. Reception
and social participation, primarily
in The Netherlands.
. Norwegian
Refugee Council
A voluntary organisation involved in
refugee questions and international
refugee work.
. Norwegian
Association for Asylum Seekers (NOAS)
A non-governmental organisation whose
primary concern is the safeguarding
of human rights and the right to seek
asylum.
. Portuguese
Refugee Council (Conselho Português
para os Refugiados)
Some information in English. |
| RESEARCH
INSTITUTES |
|
-- UNITED STATES --
.
Center
for Immigration Studies
A think tank devoted exclusively to
the research and policy analysis of
all immigration-related issues (analysis
of the economic, social, demographic,
fiscal, and other impacts of immigration
on the United States).
. Center
for Equal Opportunity (CEO)
A non-profit organisation that sponsors
conferences, supports research, and
publishes policy briefs and monographs
on issues related to race, ethnicity,
assimilation, and public policy.
Main online resources include short
papers outlining CEO's opinion on 'racial
preferences', 'immigration and assimilation'
and 'multicultural education', and information
on CEO's publications.
. Center
for Migration Studies
This Center is committed to facilitating
the study of sociodemographic, historical,
economic, political, legislative and
pastoral aspects of human migration
and refugee movements
. Immigration
History Research Center
A n international resource center on
American immigration and ethnic history
at the University of Minnesota.
. International
Center for Migration, Ethnicity and
Citizenship (ICMEC)
The primary activities of the Center
consist of scholarly research; several
seminars and working groups targeting
academics, policy-makers and opinion-leaders;
programs to improve graduate education;
and occasional conferences and symposia.
. Migration
Dialogue
Migration Dialogue (at the University
of California, Davis) promotes an informed
discussion of the issues associated
with international migration by providing
unbiased and timely information on immigration
and integration issues.
Migration Dialogue supports five major
activities: Migration News, Rural Migration
News, Opinion Leader Seminars, Comparative
Migration Policy Research, and California
Rural Welfare Database.
. The
Population Studies Center
A t the University of Michigan.
--
EUROPEAN UNION --
. Centre
for Research in Ethnic Relations
(CRER)
A major academic body in the UK for
the research and teaching of matters
concerning racism, migration and ethnic
relations. The Centre aims to increase
knowledge, promote better understanding,
and influence the work of other agencies
and bodies with an interest in racism,
migration and ethnic relations, through
programmes of research, teaching, training,
conferences, seminars, publications
and a range of other dissemination activities.
. Migration
Policy Group
A Brussels based group promoting policy
innovation on migration, social diversity
and discrimination issues.
. European
Migration Information Network (EMIN)
Funded initially by the European Union's
Odysseus Programme and has been created
as a result of the recommendations contained
in the Feasibility Study for a European
Migration Observatory (European Commission,
1998).
This study analysed the information
systems used by policy makers and others,
and identified the relative importance
of specific information sources and
networks.
. Center
for International and European Law on
Immigration and Asylum
A t the University of Konstanz.
. European
Research Centre on Migration and Ethnic
Relations (ERCOMER)
ERCOMER's core activities are all related
to the furthering and dissemination
of comparative research in the fields
of international migration, ethnic relations,
racism and ethnic conflict. Research
at ERCOMER is largely, but not exclusively,
centered on Europe. |
| TRANSATLANTIC
COOPERATION/ TRANSATLANTIC DIALOGUE |
|
Migration
Policy Group (MPG - a Brussels based
group promoting policy innovation on
migration, social diversity and discrimination
issues) developed the Transatlantic
Dialogue as an approach for identifying
emerging agendas and mutual transatlantic
interests on international migration
and related issues of labour market
integration, diversity and enterprise
development in Europe and North America.
High-level meetings bring together senior
officials and corporate representatives
from both continents to engage in candid,
off-the-record discussions directed
at meeting the challenges and opportunities
created by increasing international
mobility and ethnic and racial diversity.
MPG's third Transatlantic Dialogue meeting
was held under the auspices of (then)
European Commissioner for Employment
and Social Affairs, Padraig Flynn. The
seminar - which took place in the European
Parliament in Brussels on 7-8 July 1998
- brought 50 senior government and corporate
leaders from Europe, the United States
and Canada together to discuss the relationship
between various legislative frameworks
and corporate involvement in initiatives
aimed at enhancing employment opportunities
for minority communities in these regions.
The 1999 Transatlantic Dialogue took
place on 9-10 November in Brussels.
The debate focused on human resource
development initiatives versus area-based
strategies (or "human investments" versus
"geographical investments"), as well
as initiatives that sought to bridge
the two emphases ("integrated approaches").
|
| CONFERENCES
AND MEETINGS |
|
. 1-2 December 2000 -
'Which
Immigration Policy for the European
Union?'
Brussels, Belgium
1st European Congress for Specialist
Lawyers in the Area of Immigration and
Asylum in
Europe. Organised by the Academic Network
of Legal Studies on Immigration and
Asylum in Europe.
. 27 February - 3 March, 2001 - "Immigrants
and their descendants"
New York, USA
A conference by the Association of American
Geographers, Washington, USA
Immigrants and their
descendants: socio-geographic perspectives
on adaptation and incorporation" at
the 97th Association of American Geographers
Annual Meeting.
. 22-24 March 2001 - "Writing
Europe 2001: Migrant Cartographies"
University of Leiden, The Netherlands
This international conference addresses
new multicultural and plurilingual configurations
in European societies by exploring a
wide array of migrant literatures and
their (post-) colonial, social, religious,
linguistic interchanges.
Until now, the languages of the most
powerful ex-colonisers have been the
privileged medium of expressing straddling
nations, cultures and identities.
However, other immigrant traditions
(such as those expressed in other European
languages such as Dutch, German, Italian,
Portuguese and vernaculars) are mapping
new literary and cultural spaces. |
PERIODICALS
AND NEWSLETTERS |
|
Immigration law changes frequently.
These newsletters circulating updated
information are very useful.
N.B: Many campaigning NGOs and research
centers send their own periodicals,
publications and newsletters. Check
it on their websites.
--
UNITED STATES --
.
Visa
Bulletin
US State Department's monthly bulletin
with information on immigrant numbers,
employment-based preferences and visa
availability.
. Siskind's
Immigration Bulletin
Covers US immigration news, law and
procedures. A
free newsletter of an
internet law firm exclusively practicing
U.S. immigration law for a global clientele.
. Migration
News (MN)
Monthly newsletter on important immigration
developments by region. Includes special
reports and info on recent research
publications.
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