The law,immigration and human rights: changing the Australian immigration control system

This paper examines the structure of the present system of immigration control in Australia in the context of its origin, evolution, and responses to current human rights and anti-discrimination standards. The system has serious shortcomings because it confers broad discredionary powers on immigration officals and provides no comprehensive system of judical review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups; its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The 1958 Migration Act contains a level of discretion unknown in other "machinery" legislation, conferring a wide range of discretionay power on 1) the minister, 2) authorized officers, 3) officers, and 4) prescribed authorities. The current review system, in response to political pressure and in the context of administrative law reforms, provides for limited access to judicial review under the Administrative Decisions Act of 1977. The ethnic gains of the 1970s were achieved when Australian society was going through a period of profound liberal changes. The 1980s have brought continuing high unemployment and high inflation rates, a large budget deficit and associated restraints in government expenditure, as well as a substantial cut in the immigrant intake after the Labor Victory of March, 1983. Overall, an entirely new immigration control system should be developed that will aim at providing a better balance between stability, predictability, and fairness of the system on the one hand, and the need for government to maintain its ability to adapt its program to fluctuations in economic and social conditions both within and outside Australia on the other hand.     

Different paths: gender,immigration and political participation

"Building on arguments made by Grasmuck and Pessar (1991), Hardy-Fanta (1993), and Hondagneu-Sotelo (1994), among others, this article makes the case for a gendered understanding of immigrant political socialization. Looking at recent Latin American immigrants to New York City, the article argues that immigrant Latino men are more likely to favor continuity in patterns of socialization and organization, and immigrant Latinas are more likely to favor change. This finding helps bridge theoretical and empirical literatures in immigration studies, applying the logic of gender-differentiated decisionmaking to the area of immigrant political socialization and behavior."     

U.K. statistics on immigration: development and limitations

This article discusses the data on international migration to the UK, their limitations, and their origins. No 1 source gives a demographically satisfactory account of net migration, and different sources of data are not compatible with each other. Their present form can only be understood in the context of a reluctant acceptance, in the face of domestic political pressure, of the need to impose the same controls on the entry of Commonwealth citizens from 1962-1971 as had been imposed on the entry of aliens since 1920. Coleman asserts that UK migration statistics suffer 1 major omission and several systematic deficiencies. The omission is the absence of any information, either from the International Passenger Survey (IPS) or from the Home Office, on gross or net migration flows to the UK from the Republic of Ireland. Neither the IPS nor the Home Office data provide a very satisfactory form of measurement of other migration streams. Neither has much time depth, the former not existing before 1963, the latter being affected by changes in rules and procedures. As a voluntary sample with only relatively few interviews per year on intended migrants, the IPS can only provide a crude overall estimate of the general demographic import of migration flows, incapable for statistical reasons of any refined sub-division or analysis, and prove both to error and bias. The Home Office statistics do not treat immigration in a demographically useful way. They measure flows only in 1 direction, provide no demographic or socioeconomic characteristics on those accepted for settlement, and are not compatible with the IPS in most ways. For political reasons, no action to resolve the Irish anomaly is likely, especially when the trend is for less, not more, control and counting on the entry of European Community citizens.     

Unemployment,immigration, and NAFTA: a panel study of ten major U.S. industries

We conduct a pooled cross-section and time-series analysis of the unemployment rates across ten major industries in the U.S. from 1983 to 1994 to assess the effect of NAFTA and immigration. Our results indicate that the output produced by the industry, unemployment benefit coverage, and interest rates are significant determinants of industry unemployment rates, but union presence does not affect industry unemployment. Both Canadian and Mexican immigrants appear to be complements to the U.S. labor force, with Canadian immigrants highly complementary to American labor. Finally, the Chow test provides no evidence that NAFTA has changed the structure of unemployment determination in these industries. We are indebted to Emily Hoffman and Matthew Higgins for their comments and suggestions. The usual disclaimer applies.     

Education,immigration and occupational mobility: a short-term analysis

The author examines the relationship between education and occupational status for immigrants and natives in the United States by analyzing the short-term occupational mobility of selected members of the 1965-1970 immigrant cohort. The effects of race, ethnicity, age, and family and marital status on this relationship are considered. The relationship between short-term mobility and the emigration of the foreign-born from the United States is also studied (SUMMARY IN FRE, SPA)     

The production of trans illegality: Cisnormativity in the U.S. immigration system

Drawing from critical scholarship on immigrant illegality and transgender studies, this paper examines how trans immigrants may be more prone to vulnerabilities in the U.S. immigration system. Cisnormativity, a hierarchical system of power that structures legal, administrative, and policing systems, produces the “hypervisibility” of gender variance. We add to migration scholarship by analyzing how cisnormativity can intersect with the production of immigrant illegalities and can render trans immigrants as hypervisible and, where possible, attend to the ways in which, paradoxically, trans subjectivity is also erased. Trans immigrants can be more susceptible to arrest, criminal prosecution, detention, deportation, blocked paths to citizenship, or adjustment of status. With trans studies' insights on the criminalization of gender variance and administrative documentation, we investigate the particularities of visibility for trans immigrants as they inform legalities and social exclusions. We end with a call for more empirical research on the experiences of trans immigrants and the complex inclusions and exclusions that structure U.S. immigration policy.     

Reflections on immigration to Europe in light of U.S. immigration history

Trends in international migration in Europe and the United States are analyzed and compared, with a focus on concern about the presence of migrants in the receiving country. Consideration is given to the acculturation of migrants in the United States, including a historical outline of that process as it occurred during the nineteenth and early twentieth centuries. Cultural pluralism and the newest wave of immigration are also described. Implications for European immigration are assessed.     

Mexican immigration and health care: a political economy perspective.

This paper examines the case of Mexican immigrants in the United States and their access to medical services within a political economy of health framework. Such an approach stresses that the provision of health care is independent of health factors per se and that access to health care is not equally distributed throughout a population. The first section reviews the three major concepts influencing medical anthropologists working within a political economy framework: the social origins of illness; the allocation of health resources; and fieldwork in Third World countries. The analysis then focuses upon the reasons for limiting immigrants' access to health care, followed by an examination of the socioeconomic characteristics of Mexican immigrants, including an undocumented immigration status, which limit their access to health care. Finally, the consequences of limited access to health services are suggested, including a low utilization of preventive health services resulting from the high cost of care combined with the immigrants' generally low income, lack of medical insurance and fear of using U.S. health services.     

The politics of immigration reform

The US is the target for international migration, now more than ever. Population growth and economic stragnation in the Third World are increasing the pressures for out-migration, and current immigration law is wholly incapable of responding to the ever increasing flow of illegal immigrants. Border apprehensions of illegal aliens in the US were up 40% during 1983, and total apprehensions reached 1.25 million by the year's end. Recent public opinion polls have disclosed that an overwhelming majority of the American public demands immigration reform, and yet we as a nation have been distinctly unwilling or unable to respond to this clear public sentiment. This paper discusses the politics of the "Simpson-Mazzoli" Immigration Reform and Control Act, previous immigration legislation, current counterproposals for US immigration policy, and the political realities of immigration reform.     

The new illegal immigration in Japan, 1980-1992

"This article presents some of the latest available figures on illegal immigration in Japan, a process that did not assume significant proportions until the mid-1980s. It also discusses briefly the latest developments around 'immigration' policy--more precisely, the law on the entry and exit of aliens."     

U.S. immigration policy: the guestworker option revisited

In guestworker programs foreign nationals are admitted into another country on a nonmigrant status with severely curtailed social and limited labor market rights. The duration of stay is always finite and compliance with the terms of the contract are entered through a network of legal arrangements which allow officials in the receiving country a substantial amount of administrative discretion. Pro-guestworker arguments say that the borders cannot be closed, that guestworkers can be substituted for illegal aliens, that guestworkers are better than illegal aliens, and that additional labor benefits the US economy. Those against guestworker programs stress longterm socioeconomic issues rather than short-term economic advantages, saying that guestworker programs are no quick answer for illegal immigration, for domestic labor shortages, or for the US poor population. Guestworker programs, its opponents say, provide short-run economic benefits to a few employers and individuals at the expense of more widespread and longterm socioeconomic costs. They oppose: 1) the concept of admitting foreign workers with restricted rights, 2) the concentration of any negative labor market impacts on already disadvantaged domestic groups, 3) the proliferation of "jobs which Americans won't take," 4) many temporary guests ending up permanent residents, and 5) that exporting workers is as likely to impede as accelerate job-creating economic development in immigration countries. Most economists believe that diminishing marginal productivity produces downward-sloping short-run demand for labor schedules. The European experience with these programs has been different than those in the US since foreign workers in Europe were initially recruited in response to actual labor shortages and have always had legal status, but both Europe and the US have experienced large contingents of workers who remain in the countries and are at a pronounced power disadvantage regarding the society's institutions. Studies of guestworker programs have shown that worker flows eventually become impervious to the receiver's actual labor needs as employers disaggregate jobs into components which match the low skills of migrants and create additional foreign worker jobs which are then shunned by native labor, thus perpetuating a need for such labor. If the US opts for a large-scale guestworker program this will only replace 1 set of problems with another and it is not at all certain that large-scale guestworker admissions will proportionately reduce illegal migration inflows.     

Aging and undocumented: The sociology of aging meets immigration status

Being undocumented is strongly correlated with low wages, employment in high risk occupations, and poor healthcare access. We know surprisingly little about the social lives of older undocumented adults despite the vast literature about youth and young undocumented migrants. Literature about the immigrant health paradox casts doubts on the argument that unequal social conditions translate to poorer self-reported health and mortality, but few of these studies consider immigration status as the dynamic variable that it is. Reviewing research about older migrants and minorities, I point to the emergence of undocumented older persons as a demographic group that merits attention from researchers and policymakers. This nexus offers important lessons for understanding stratification and inequality. This review offers new research directions that take into account multilevel consequences of growing old undocumented. Rather than arguing that older-aged undocumented migrants are aging into exclusion, I argue that we need careful empirical research to examine how the continuity of exclusion via policies can magnify inequalities on the basis of immigration status and racialization in older age.     

Ethnicity,immigration process and short-term occupational mobility

The relationship between the ethnic characteristics of immigrants to the United States and their occupational mobility in the short term is explored. The data concern the period 1965-1970 and are taken from the 1970 census. The results indicate that race and sociocultural distance have important effects on occupational mobility. The study also shows that if educational status is controlled, the performance of Asian immigrants is more similar to that of blacks or Hispanics than it is to that of whites. (summary in FRE, SPA)     

The shaping of Australia's immigration and refugee policy

Since 1945, the objectives of Australia's immigration policy have been based at one time or another on security, self‐sufficiency, labour market considerations, economic growth, homogeneity, population building and social and humanitarian considerations. The scale of immigration has been influenced by the level of unemployment, general economic conditions prevailing at the time, the political party in government, the lobbying power of prospective interest groups, public perception and receptiveness, and foreign policy considerations. Australia's refugee policy (including intake), which was only formalized in 1977, has been determined by the resettlement needs around the world, foreign policy considerations and domestic politics.     

The employment effects of immigration: a balance sheet approach

The impact of immigration on unemployment in Canada is examined for the period 1983-1985. The authors attempt to construct a balance sheet of immigration in terms of labor supply and demand. They conclude that immigrants create more jobs than they fill, and that their net effect on the employment situation is positive. (SUMMARY IN FRE AND SPA)     

The political consequences of contemporary immigration

This article synthesizes research on political outcomes associated with increasing immigration, with an emphasis on cross‐national studies of European countries, where immigration is a relatively newer phenomenon compared to the United States and other traditional immigrant destinations. We begin with explanations of and research on anti‐immigrant sentiment, not a political phenomenon in itself but considered an important precursor to other relevant political attitudes. Next, we review scholarship on the relationship between immigration and support for the welfare state, as well as exclusionary attitudes regarding immigrants' rights to welfare benefits. Then, we review research on immigration and political party preferences, in particular radical right parties, whose platforms often combine anti‐immigration and welfare chauvinistic positions. We conclude by discussing how these processes may ultimately shape social policies, which may in turn influence immigration itself.