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Civil Liberties

Civil Liberties

In the post-9/11 era, immigration policy increasingly has intersected with civil liberties and national security imperatives, with significant implications for law enforcement and intelligence agencies as they share more information with each other and with allied governments as well as for immigrants and immigrant communities. The research here examines the increased use of interoperable databases, expanded international information-sharing partnerships, and the civil liberties implications of the increased nexus between immigration enforcement agencies and those in the criminal law enforcement and intelligence communities.

Recent Activity

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Commentaries
June 2018
Far from a Retreat, the Trump Administration’s Border Policies Advance its Enforcement Aims
By  Sarah Pierce
A boy peers through fencing at the U.S.-Mexico border.
Articles
May 24, 2018
Family Separation and “Zero-Tolerance” Policies Rolled Out to Stem Unwanted Migrants, But May Face Challenges
By Muzaffar Chishti and Jessica Bolter
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Articles
May 2, 2018
Profiting from Enforcement: The Role of Private Prisons in U.S. Immigration Detention
By Livia Luan
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Multimedia
September 25, 2017
14th Annual Immigration Law and Policy Conference
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Articles
February 21, 2017
Judge’s Pause of Trump Travel Ban Takes Page from Republican Challenge to Obama Executive Action on DACA
By Muzaffar Chishti and Sarah Pierce
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Policy Briefs
February 2017
Trump Executive Order on Refugees and Travel Ban: A Brief Review
By  Sarah Pierce and Doris Meissner
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Articles
October 20, 2016
Maid in Hong Kong: Protecting Foreign Domestic Workers
By Chenyu Liang
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Articles
May 18, 2016
Kenyan Migration to the Gulf Countries: Balancing Economic Interests and Worker Protection
By Froilan Malit, Jr. and Ali Al Youha

Pages

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Books
May 2002
Citizenship Policies for an Age of Migration
By  T. Alexander Aleinikoff and Douglas Klusmeyer
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Policy Briefs
September 2001
Background Paper on Immigration and National Security

Pages

HKDomesticWorkers IDWF Flickr
Feature
October 20, 2016
Maid in Hong Kong: Protecting Foreign Domestic Workers

Hong Kong is home to more than 340,000 foreign domestic workers, who can be found in one of every seven households. Despite efforts by the governments of Hong Kong and top sending countries, these workers remain uniquely vulnerable to exploitation and abuse. This article examines the conditions foreign domestic workers face, the policies governing their employment, and the challenges in protecting their rights.

UAEConstruction JakeBrewer Flickr
Feature
May 18, 2016
Kenyan Migration to the Gulf Countries: Balancing Economic Interests and Worker Protection

Kenyan migration to the Gulf Cooperation Council (GCC) countries has been on the rise over the last few decades, spurred by rising unemployment and instability in Kenya combined with the GCC region's economic growth and proximity. While both sending and origin countries benefit economically from this new migration, it presents significant challenges for these governments, particularly in the area of labor rights, as this feature article explores. 

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Feature
April 7, 2016
Who Belongs? Statelessness and Nationality in West Africa

At least 10 million people worldwide are stateless, including 1 million in West Africa, though experts believe the true number may be much higher. West Africa's colonial heritage and nationality laws have increased the risk of statelessness, particularly for vulnerable social groups including migrants and their descendants, refugees, and children. Governments across the region have recently initiated action plans to eradicate statelessness, as this feature explores.

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Top Ten
December 14, 2015
Governments Increasingly Restrict Citizenship

Citizenship came under fire in new ways around the world in 2015, with attempts to both restrict who is eligible to become a citizen and who can be deprived of citizenship. Driven by fears of international terrorism, a number of countries proposed or passed legislation making it easier to narrow citizenship and broadening the range of offenses for which individuals can be stripped of their citizenship.

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Policy Beat
November 12, 2015
Recent Court Rulings Block Deferred Action Programs and Raise Questions for Accessing Birthright Citizenship

The Fifth U.S. Circuit Court of Appeals ruled to maintain an injunction on President Obama's signature deferred action programs and the timing of the administration's Supreme Court appeal will prove critical amid the 2016 election campaign. This Policy Beat also explores a federal judge's decision not to block a Texas policy refusing to issue birth certificates to the U.S.-born children of unauthorized parents. Should the policy be upheld, it could open the door for further limitations on birthright citizenship.

Pages

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Video, Audio
October 21, 2013

The Ongoing Challenge of Ensuring Human Rights for Migrants in the European Union and United States

In this panel discussion, Morten Kjaerum, Director of the European Union Agency for Fundamental Rights (FRA), discussed the state of rights protection in Europe as well as his agency’s role in this evolving arena, and speakers discussed shared challenges and opportunities on both sides of the Atlantic.

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Audio
August 26, 2011

Through the Prism of National Security: Major Immigration Policy and Program Changes in the Decade since 9/11

With the ten year anniversary of the September 11, 2001 attacks approaching, the Migration Policy Institute held a conference call to discuss the most significant changes that have occurred in the immigration arena in the decade since the attacks.

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Video, Audio
April 22, 2010

Securing Human Mobility in the Age of Risk: New Challenges for Travel, Migration, and Borders

'Securing Human Mobility' book release discussion with Susan Ginsburg, Michael German, Luis Rubio, and Donald M. Kerwin.

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Video
June 24, 2009

6th Annual Immigration Law & Policy Conference

This conference offers law and policy analysis and discussion on cutting-edge immigration issues.

Pages

Recent Activity

Commentaries
April 2016

Children: The Forgotten Aspect of the EU-Turkey Deal

The implications of the just-implemented EU-Turkey refugee deal for children seeking asylum in Greece have thus far been largely overlooked by critics of the controversial accord. This MPI Europe commentary explains how the shortcomings of the deal itself and the infrastructure in place to process asylum seekers could result in children falling through the cracks of the Greek and Turkish protection systems.

Articles
April 7, 2016

Who Belongs? Statelessness and Nationality in West Africa

At least 10 million people worldwide are stateless, including 1 million in West Africa, though experts believe the true number may be much higher. West Africa's colonial heritage and nationality laws have increased the risk of statelessness, particularly for vulnerable social groups including migrants and their descendants, refugees, and children. Governments across the region have recently initiated action plans to eradicate statelessness, as this feature explores.

Commentaries
March 2016

The Paradox of the EU-Turkey Refugee Deal

Far from establishing a workable long-term solution to address overwhelming flows of asylum seekers arriving in Greece, the EU-Turkey deal has many observers concerned about the significant legal and logistical hurdles standing in the way of implementation—let alone questions about whether the deal would ultimately work. MPI Europe director Elizabeth Collett explains the practical implications of the deal in this commentary.

Articles
December 14, 2015

Governments Increasingly Restrict Citizenship

Citizenship came under fire in new ways around the world in 2015, with attempts to both restrict who is eligible to become a citizen and who can be deprived of citizenship. Driven by fears of international terrorism, a number of countries proposed or passed legislation making it easier to narrow citizenship and broadening the range of offenses for which individuals can be stripped of their citizenship.

Articles
November 12, 2015

Recent Court Rulings Block Deferred Action Programs and Raise Questions for Accessing Birthright Citizenship

The Fifth U.S. Circuit Court of Appeals ruled to maintain an injunction on President Obama's signature deferred action programs and the timing of the administration's Supreme Court appeal will prove critical amid the 2016 election campaign. This Policy Beat also explores a federal judge's decision not to block a Texas policy refusing to issue birth certificates to the U.S.-born children of unauthorized parents. Should the policy be upheld, it could open the door for further limitations on birthright citizenship.

Video, Audio
October 29, 2015

12th Annual Immigration Law and Policy Conference

This annual discussion offered political and policy analysis on key immigration topics, including family detention, unaccompanied child migrants, executive action, and the presidential campaigns, along with featured keynotes by Homeland Security Secretary Jeh Johnson and United Nations High Commissioner for Refugees Antonio Guterres.  

Articles
September 15, 2015

Fierce Opposition, Court Rulings Place Future of Family Immigration Detention in Doubt

Facing legal setbacks and political opposition, the Obama administration may be required to overhaul its policy of detaining families in immigration custody. Recent court decisions have undermined the government's justification of the policy as a deterrent to future illegal immigration and may result in the release of more than 1,400 unauthorized immigrant women and children.

Commentaries
August 2015

Repealing Birthright Citizenship: The Unintended Consequences

In this commentary, MPI President Michael Fix discusses how the repeal of birthright citizenship in the United States would create a self-perpetuating underclass that would be excluded from social membership for generations—with negative consequences for the national interest. And repeal, touted by proponents as a solution to illegal immigration, would in reality have the opposite effect and would expand the size of the U.S. unauthorized population.

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