Policy Briefs: Transatlantic Perspectives on Migration

Incorporating Migration into Development: Government and Civil Society Initiatives
Susan Martin
Policy Brief No. 8, June 2009.

In trying to promote migration for development, Northern governments and nongovernmental
organizations often seek to work with or through members of the Diaspora. This policy brief
identifies specific programs implemented by North American and European governments and
development NGOs in three principal areas: strengthening the role of Diaspora associations
in development of home countries; support for more effective transfer and use of remittances;
and services for return migrants. The focus is on the ways in which development donors and
practitioners are responding to the new appreciation of the importance of migration as a
contributor to development. As many of these programmes are relatively new, there are few
evaluations of their effectiveness or their replicability. The following are highlighted because they
are described by their donors with sufficient detail to provide some insights into their potential
benefits to development. As the policy brief concludes, more structured evaluations are needed
to ensure that these programs achieve their desired outcomes.

The Immigration Control of Terrorism and the Prevention of Torture
Andrew I. Schoenholtz and Jacob L. Goodman
Policy Brief No. 7, February 2009.

States on both sides of the Atlantic have struggled with the question of what to do under their
immigration laws with non-citizens who pose security threats, but who the state cannot deport
without violating the Convention against Torture (CAT) or other binding human rights law.
The prohibition against torture is one of the few peremptory norms found in international law,
alongside the prohibitions against genocide and slavery. The Torture Convention, accordingly,
allowed for no exception to the prohibition against returning a non-citizen to a country where
there are substantial grounds for believing that the individual would be in danger of being subject
to torture.
U.S. and European policy makers and adjudicators continue to search for an approach that assures
their own country's security while adhering to the core political, social, and legal principles
associated with the prohibition against torture. Policy choices have varied, and the international
community has yet to reach consensus on the most effective and appropriate option. This paper
examines the state of the law and policy on both sides of the Atlantic, with particular attention
to the United States, Britain, and Germany. In doing so, it examines three possible options: (1)
indefinite detention; (2) return with diplomatic assurances; and (3) supervised release. Having
evaluated the strengths and weaknesses of each, policy recommendations follow.

Migration, Development and Social Services
Patricia Weiss Fagen
Policy Brief No. 6, February 2009.

The role of migrants and Diasporas in stimulating the development of their home countries has
received welcome attention in the past decade. The countries of North America and Europe
have a dual interest in this issue---the destinations of millions of migrants each year, and as
the major donors of development and humanitarian aid to poorer countries. This policy brief
focuses on a specific aspect of the migration-development nexus: the role played by migrants and
diaspora groups in supporting health and education services in their home countries. Improving
health and education outcomes is a key to promoting human development and achieving the
Millennium Development Goals. The brief begins with a discussion of the expanding concept
of remittances to include not only financial transfers to families but also financial, technical and
other support for improving social services and outcomes. It then provides general observations
about the role of migrants and diaspora groups in supporting health and education services. The
following section focuses specifically on migrant and diaspora contributions in fragile States
which do not have governmental capacity to provide a full range of services to their populations.
It concludes with recommendations, focused particularly on the international donor countries,
to increase the effectiveness of these initiatives.

International Migration and Anti-Terrorism Laws and Policies: Balancing Security and Refugee Protection
Andrew Schoenholtz, Jennifer Hojaiban
Policy Brief No. 4, February 2008

In response to major terrorist attacks in the United States, Spain and the United Kingdom, states on both sides of the Atlantic have created laws and policies to bar admission of foreign terrorists. On both sides of the Atlantic, policymakers have defined "terrorism" in such broad terms, however, that these policies pose a threat to the protection of refugees and bona fide asylum seekers. In the United States, new provisions barring foreigners who provided material support to terrorist organizations has prevented the admission of refugees and asylum seekers who are sometimes the very victims of these organizations. In Europe, concerns have been raised regarding related counter-terrorism exclusion laws and policies that affect access of refugees and asylum seekers to protection. This paper examines how policy makers have struggled with balancing security and humanitarian concerns in connection with this admissions issue.

Preventing Human Trafficking: An Evaluation of Current Efforts
Whitney Shinkle
Policy Brief No. 3, August 2007

Trafficking is fed by two reciprocal forces: the demand for cheap labor and the supply of people
willing to leave home in search of better economic opportunities. It is further fueled by the
financial gains that accrue to the traffickers. Governments have begun confronting the problem
through a combination of policies and programs designed to prevent the phenomena, protect
victims and vulnerable populations, and prosecute smugglers and traffickers. This brief evaluates
the methods of prevention employed by governments in North America and Europe, including
both demand-based and supply-based techniques, as well as preventative instruments targeted
at reducing the financial gains accrued by traffickers and smugglers.