Legal Migration Research Articles

Severe maternal morbidity among undocumented migrant women in the PreCARE prospective cohort study.

To assess the risk of severe maternal outcomes among migrant women, considering both their legal status and birthplace; in Europe, migrant women, especially from sub-Saharan Africa, have higher risks of adverse maternal outcomes compared with non-migrants and legal status, a component of migrant condition, may be an important, and potentially actionable, risk factor. Prospective cohort study. Four maternity units around Paris in 2010-12. A total of 9599 women with singleton pregnancies. Legal status was categorised in four groups: reference group of non-migrant native Frenchwomen, legal migrants with French or European citizenship, other legal migrants with non-European citizenship, and undocumented migrants. The risk of severe maternal morbidity was assessed with multivariable logistic regression models according to women's legal status and birthplace. Binary composite criterion of severe maternal morbidity. Undocumented migrants had resided for less time in France, experienced social isolation, linguistic barriers and poor housing conditions more frequently and had a pre-pregnancy medical history at lower risk than other migrants. The multivariable analysis showed that they had a higher risk of severe maternal morbidity than non-migrants (33/715 [4.6%] versus 129/4523 [2.9%]; adjusted odds ratio [aOR] 1.68, 95% CI 1.12-2.53). This increased risk was significant for undocumented women from sub-Saharan Africa (18/308 [5.8%] versus 129/4523 [2.9%]; aOR 2.26, 95% CI 1.30-3.91), and not for those born elsewhere (15/407 [3.7%] versus 129/4523 [2.9%]; aOR 1.44, 95% CI 0.82-2.53). Undocumented migrants are the migrant subgroup at highest risk of severe maternal morbidity, whereas the prevalence of risk factors does not appear to be higher in this subgroup. This finding suggests that their interaction with maternity care services may be sub-optimal. Undocumented migrants, especially those born in sub-Saharan Africa, have the highest risk of Severe Maternal Morbidity.

The gendered occupational value of a U.S. education for skilled Indian immigrants

AbstractThis article revisits conventional understandings of gender differences in occupational attainment through the context of highly skilled legal migration in the United States. Drawing on a unique combination of nationally representative survey data of Indian lawful permanent residents and in‐depth interviews with skilled Indian migrants holding employer‐sponsored visas, we find that a U.S. education has a large premium in occupational prestige scores in the global labour market and has the power to mitigate the gender gap in immigrant occupational attainment. U.S. credentials, social networks, and mentorship programs help drive the occupational prestige‐generating function of a U.S. education for highly skilled Indian immigrant women. This article demonstrates aggregate occupational patterns among a nationally representative sample of Indian permanent residents and develops an in‐depth understanding of the process of occupational attainment. Our findings offer new insights into factors that mitigate gender inequality in the high‐skilled immigrant labour force.

ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ МИГРАЦИОННЫХ ПРОЦЕССОВ В ЕС НА СОВРЕМЕННОМ ЭТАПЕ

This article focuses on the legal regulation problems of migration processes in the EU at the present stage. The author seeks to identify and investigate the main challenges facing the legal system of the European Union in the migration field noting current global processes. The issue of legal migration and asylum has become one of the most debated issues in the European Union in recent years due to the unresolved problems of the 2015-2018 migration crisis, the subsequent Covid-19 pandemic and the special operation in Ukraine, which caused a wave of refugees to enter the European Union. In the near future, it is expected that legal migration policy will mainly be implemented at national level and will also be developed domestically due to the lack of motivation to develop it at supranational level. Many countries opposed a common European policy on migration during the migration crisis in Europe, which affects the current situation as well. European migration law needs to be developed and improved in view of several fundamental problems, on which the EU has made little progress since 2018. Disproportionate numbers of asylum applications, outdated Schengen law, lack of agreement in several European Union countries, disproportionate immigrational burden on member states, imperfect migrant identification systems in times of excessive influx and other problems described in the paper. There is a need to update the legal framework for European migration policy and to improve the migrant identification system. The main problem, in general, is that the normative regulation of migration in the European Union does not correspond to the situation in practice, which also needs to be corrected.

РЕГУЛИРОВАНИЕ ЛЕГАЛЬНОЙ ТРУДОВОЙ МИГРАЦИИ ИЗ ТРЕТЬИХ СТРАН В СООТВЕТСТВИИ С ЗАКОНОДАТЕЛЬСТВОМ ЕВРОПЕЙСКОГО СОЮЗА

The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.

Cross Border Migration as a Poverty Alleviation Strategy; a Comparative Study between Immigrants from Zimbabwe to South Africa and Mexico to United States of America

This paper maps out the strategy that both Zimbabweans and Mexicans use to migrate to their neighboring countries in order to alleviate poverty. Both South Africa and United States of America have witnessed an increase in a cross-border migration whereby illegal and legal migrants cross the border to find greener pastures in different parts of the countries. Limpopo shares the borders with Zimbabwe and in the United States; California, Arizona, New Mexico, and Texas share the borders with Mexico. The high flow of immigrants to South Africa from Zimbabwe and United States of America from Mexico is mainly caused by the economic hardships in their home countries. Most migrants are youth, both males and females, and adult males who left their families back home and came to South Africa and America to find work and be able to support their siblings and children back in Zimbabwe and in Mexico. This is a conceptual paper; therefore, the author identifies the gap and relies on what is already documented but not addressing the issues of migration and poverty. The study aims to show the similarities between the Mexican immigrants and Zimbabwean immigrants while looking at how poverty encourages international human mobility. Findings from the study demonstrate that poverty is a push factor to migration. A large number of people from poor countries migrate to countries with good economies and opportunities with the aim of being employed so they can support their families in their own countries and some even start businesses and investments.

REGULATION OF LEGAL MIGRATION FROM GEORGIA TO EU COUNTRIES AND INTEGRATION INTO THE LABOR MARKET

Migration processes have become not only an important factor in modern international relations, but also have a serious impact on the state's domestic policy. In addition to combating illegal migration, protecting borders and providing asylum, an integral part of migration policy is also regulation of legal migration channels, including labor migration. Effective management of legal migration is in the common interest of EU member states and the EU as a Union. The paper presents a comprehensive analysis of the stages and principles of the formation of the supranational component of the regulation of legal migration in the European Union. The author pays special attention to the political and legal component, methods and tools of migration regulation in the European Union. The assessment of the current situation of the common migration policy of the European Union is of interest for the integration processes and the future development of the European Union.

РАЗВИТИЕ МЕЖДУНАРОДНО-ПРАВОВОГО РЕГУЛИРОВАНИЯ КЫРГЫЗСКО-РОССИЙСКИХ ОТНОШЕНИЙ В СФЕРЕ МИГРАЦИИ

The article considers the political, legal and organizational aspects of bilateral cooperation between Kyrgyzstan and Russia in the migration sphere, as well as analyzes the relevant contractual and legal framework, and concludes on the strategic importance of international legal migration policy in the economic and social spheres of international cooperation between Russia and Kyrgyzstan. The author notes that labor migration is one of the main ways to reduce pressure on the economy of the Kyrgyz Republic as well as to reduce the poverty and social tension level. Moreover, the Russian Federation remains to be the recipient state of labor from Kyrgyzstan throughout the postSoviet period resulting in positive interaction which is one of the strategically significant tasks of the Kyrgyz Republic in the migration field. Moreover, the establishment of the Eurasian Economic Union, including Kyrgyzstan, implies the development of a single Eurasian labor market, which means that it transfers the labor migration challenge from the level of bilateral RussianKyrgyz relations to the level of integration association and makes it the subject of joint attention of the member countries of the Eurasian Project. The author highlights that, despite the establishment of a rather impressive regulatory framework for the migration regulation within the framework of the Eurasian Economic Union, the issue of creating effective multilateral mechanisms and regimes for regulating the labor migration has not yet been resolved. Thus, the common efforts of Russia and Kyrgyzstan aimed at regulating the migration flows and ensuring the rights of migrant workers should be intensified both at the bilateral level and on the Eurasian Economic Union scale.

Bridging the gap: Brain drain to brain circulation: Researching successful strategies to support effective change

The human capital of a region or an entire country is an essential contribution to the formation of a European scientific community of well-educated and professional people and crucial for the preservation of competitiveness and work ability, as well as for responsible resources management of the world and its - primary and secondary - raw materials. Funded by the European Institute of Innovation & Technology (EIT), the project ‘OpESEE MSc ENTER’ and its Master degree programme, was developed through the cooperation of 6 partners, where the Technische Universität Bergakademie Freiberg (TUBAF) has the lead. The project aims at supporting entrepreneurs and releasing highly qualified mechanical engineers whose goal is to create a start-up in the raw materials sector within the East-Southeast Europe (ESEE) region. The authors’ main part in the project was to investigate brain drain and its’ effects on talent retention and attraction in order to better understand the primary motives for study and subsequent labour market choices, with a focus on start-up creation. In addition, a significant contribution can thus be made to cross-regional exchange to counteract the brain-drain phenomenon and to legal migration. A secondary literature desk review was conducted covering previous studies and articles on the topic and from various sources, which in turn provided the foundation for setting up a primary pilot study and analysis with the ESEE target audience to test premises that were found in the secondary research. Finally, this study was upscaled and executed with all 6 project partner institutions, current students, Alumni, and Professionals to form the basis of recommendations on successful strategies to be incorporated into the project in the form of an action plan named ‘Back to ESEE’; bridging the gap; from brain drain to brain circulation.

EU Legal Migration Policy: Are There Prospects for Progress or Is It at a Standstill?

The aim of the article is to attempt to identify the state of, and prospects for, the development of the common policy of the European Union regarding legal migration from third countries. The subject of interest is, above all, legal economic migration, which is crucial from the perspective of certain demographic processes taking place in the EU, the changes and needs of the Community’s labour market, and the challenges posed by the digital transformation. The adopted hypothesis assumes that, within the framework of EU migration and asylum policy, policy as regards legal economic migration is still an underdeveloped area and remains in the hands of individual Member States. Initiatives undertaken in this area remain overshadowed by the main focus of the common migration and asylum policy, namely the development of a common asylum system and the prevention of irregular migration. Policy regarding legal economic migration in the near future will mainly be created by Member States and play out on the domestic stage due to the lack of direct motivation for its development at the Community level. In this case, the strength of particular stakeholders’ interests is not balanced out by any direct and easily identifi able benefits to be gained from the adopted common solutions.

The inflow of Foreign Remittances in Rural Punjab: The Determinants

In this paper, an attempt was made to analyze two issues relating to the inflow of remittances in the migrant households of rural Punjab. Firstly, the distribution pattern of remittances receiving migrant households as the volume of per household remittances. Secondly, causes of receiving different volumes of remittances by households. The results showed that in short to medium periods, remittances remained a stable and significant source of migrant's household income. In the long term, as more migrants get legal status in the destination country, or their families join them, build their own houses, or start their businesses, they may revise their portfolio choice. The study also found that the high per capita domestic income of the migrant households back at home and the increased stay of the migrants in the destination countries negatively impact the inflow of households remittances. However, there was a positive relationship between the inflow of per household remittances and the number of family migrants abroad. Similarly, illegal migrants send more remittances than legal migrants. The migrants in developed countries sent more remittances than migrants of developing countries. The study also found that altruism predominates as more remittances were received from children and spouses than other relatives.

Poland labour migrations: conditions and consequences in the socio-economic and law perspective

Abstract. The service processes, taking place in Poland and in the world are of a nature, however, in service services there is an increasing legal migration process new. A whole team for migration management throughout the period and cooperation at this medium scale. Migration is managed within the framework of the migration policy adopted at the state level. The author has compiled more systematized and different ones on the subject of Determinants and earnings consequences from Poland to the European Union. She cited the size and nature of emigration as well as the structure of emigrants. She identified a socio-economic perspective and service measures. Key words: law, economy, social perspective, European Union, economic migrations, determinants.

Mobility and Identity in Kiran Desai’s The Inheritance of Loss

This article explores the interconnections between mobility and identity as portrayed in Kiran Desai’s The Inheritance of Loss (2006). In the past, mobility, especially forced or diasporic, was perceived as enveloping the migrant’s identity with a sense of alienation and nostalgia. In the present, however, it is often viewed as facilitating flexibility and a pluralistic worldview entailing intermingled cultures. While examining the interrelation between mobility and identity, this article evaluates the way in which Desai portrays conflicts and tension between two worlds, inhabited by legal natives and illegal migrants, as well as illegal natives and legal migrants.

A systematic literature review of determinants of immigrant entrepreneurship motivations

Immigrant entrepreneurship (IE) has significant impacts on socioeconomic development in ethnic communities and in host and home countries. Understanding immigrant entrepreneurial motivation (IEM) is therefore crucial for scholars, policymakers and practitioners. This paper undertakes a systematic literature review to identify and analyze individual and environmental factors that pull or push immigrants into entrepreneurship. The review identifies five dimensions of individual push-pull factors that predominantly determine IEM: demographics; personal circumstances; personal values and other personality characteristics; business ideas and opportunities; and self-efficacy. IEM is also determined by three dimensions of environmental factors: the ethnic enclave and host- and home-country contexts. Furthermore, the analysis indicates that pull factors (e.g., entrepreneurial desire, prior experience, need for personal improvement) have greater effects on IEM than push factors (e.g., lack of skills or legal migration documents, discrimination). The paper confirms that having the motivation to set up a business based on one’s own skills is the most effective IEM pull factor, followed by prior business experience and family business background. The paper also finds that lack of labor market competition due to the liability of foreignness and discrimination is a critical IEM push factor.

National security of Mexico and USA. Between pride and ineffectivness

This article pays special attention to the genesis of relations and documents in the field of national security, which determine the relationship between Mexico and the United States, examines its framework and results, as well as the concept and constitutional foundations of national security and defense of Mexico.In this conceptual framework, it is noteworthy that in March 2021 the American delegation, headed by Roberta Jacobson, the former US Ambassador to Mexico, the White House Border Coordinator, arrived in Mexico. Both delegations announced that the talks would focus on ensuring orderly, safe and legal migration in the region and progress in implementing the Comprehensive Development Plan for the Northern Region of Central America, but in fact, the main subject of talks would was US national security. In other words, the regulation of migration flows from Mexico and the countries of the so-called Northern Triangle (Guatemala, Honduras and El Salvador).The topics mentioned above are not new on the US-Mexico bilateral agenda, and in this regard, the government of President Biden seems to revise Donald Trump’s policy on migration, with a special focus on national security, using less aggressive rhetoric, without threats to continue the construction of the border wall, but, in turn, more rigid from a political point of view. In view of the above, it appeared appropriate to present the legal framework, set out primarily in the constitution, on which Mexico relies and which allows it to properly negotiate and at the same time have a clear vision on the current state of national security between the two countries.

US Migration Policy Towards the States of the North American Continent

The article aims at characterizing the content, problems, and consequences of the US interaction with the countries of the North American continent in the sphere of migration. The objective is to identify the main directions and assess the prospects for the overdue reform of the US regional migration policy. The author examines migration policy in the framework of NAFTA-USMCA and multi-vector initiatives aimed at managing movements within the region.The results show that migration on the continent, primarily from Mexico and Central America to the United States, is characterized by a high level of regionalization. Due to massive spontaneous flows of migrants who lack the required documents for entering, staying, and working in the country of destination, including asylum seekers, the region's countries face serious challenges aggravated by the pandemic. The US cooperates in various forms and directions with the region's countries in the sphere of migration. It includes limited liberalization of specific categories of specialists and business representatives from the three member-states of the NAFTA-USMCA. Nevertheless, such interaction focuses on curbing the inflow of migrants without documents to the United States, which makes these relations asymmetric along the center-periphery axis. Such a policy is inconsistent and leads to acute humanitarian crises on the borders of the region's states. The administration of Joe Biden faces difficulties in reforming migration policy during the pandemic and growing public concern. The issue urges regional cooperation on a fairer and more equitable basis; otherwise, it is impossible to advance towards the promotion of legal migration.

The Dynamics of Remittances Impact: A Mixed-Method Approach to Understand Ghana’s Situation and the Way Forward

Many scholarly articles on remittance have focused on its positive or negative impact on the macro- or microeconomy. Given that trend, remittance is usually analysed without its sociological elements embedded within the migration process. Therefore, this paper employs a bird’s eye view to advance our understanding of the dynamics of remittance within the Ghanaian migration framework. By this, the paper uses a mixed-method approach to shed light on the Ghana case. First, through multiple linear regression, the paper shows that remittance inflow to Ghana is positively related to GDP per capita. Specifically, the evidence indicates that a 1% increase in remittance leads to an approximately 4% increase in the GDP per capita. Second, with the aid of household survey data from Ghana Statistical Service and Ghana’s poverty dimension, the paper shows that while the empirical finding suggests an improvement of the populace’s standard of living, the evidence on the grounds, however, conflicts with such findings. This is because remittance is primarily a private resource and is likely to reach only a few well-off homes in Ghana; hence, it does not consider an effective redistributive dimension. Third, to further elucidate why remittance reaches these few groups, the paper analyses within the Marxist political framework how legal migration to the developed countries has always been an option only for the well-off and middle-class Ghanaians who could afford the cost. With this clear establishment of the remittance dynamics in Ghana, the study proposes plausible suggestions to enhance the redistributive effect of remittance in Ghana. In particular, the study recommends a state-led online app for migrants to send money to Ghana. Notably, the state should champion this agenda because subsidising the transaction fees would make it relatively cheaper for migrants. While this would encourage migrants to use the official means, which undoubtedly is significant for the macroeconomy, the app’s returns could be used in addressing the country’s social inequality gap at the micro-level.

Visitor Visa Policy Changes and Mexico-Canada Migration

Although recent scholarship shows that restrictive visa policies curtail migration, research does not disaggregate policy effects within migration flows. We analyze Mexico-Canada migration when a travel visa was imposed in 2009 and removed in 2016. The imposition coincided with a dramatic decrease in travel and refugee claims. However, the number of Mexican immigrants grew, contrasting expectations of migration policy effectiveness research. We suggest that future research should disaggregate effects of policy changes, consider a state’s broader approach to migration policy, and examine how subnational programs and number of legal migration pathways influence trends of mixed migration flows.

ГЛОБАЛЬНЫЕ И РЕГИОНАЛЬНЫЕ ТЕНДЕНЦИИ В ОБЛАСТИ МИГРАЦИИ, ДЕНЕЖНЫЕ ПЕРЕВОДЫ И ИХ ЗНАЧЕНИЯ В НАЦИОНАЛЬНОМ СЕГМЕНТЕ

This article discusses aspectsand integration characteristics of international migration in the world and regions. Based on statistical information, the main trends of the migration movement and prospects for the development of the labor market are determined. The author analyzed the data on priority country directions of labor migration from Uzbekistan and the state of money transfers on aglobal, regional and national scale. Information on domestic legal policy and ratified internationalagreements is summarized. He proposed possible solutions to improve research tools in the study of migration processes.Keywords:labor migrants, international migration, migration corridors, sub-regions, positive effects, World Bank, remittances, pandemic, system of safe, orderly and legal labor migration, reintegration, International Labour Organization, сonvention, treaty, agreement

Consequences of the Radicalization of Migration Policy In Western Europe: Socio-Economic Aspect

The problem of regulating migration flows in the European Union has existed for a long time and is becomingmore difficult and complex every year. Due to the complexity of the distribution of migrants among the member countries of the organization, as well as the divergence of domestic interests of individual countries and the pan-European policy vector, internal opposition arises, which is expressed in protests and political initiatives that radicalize society. Such trends are developing especially actively in the countries of Western Europe, the most economically developed and progressive, which have taken over most of the legal migrants who have arrived. The migration policy of Western European countries has undergone a very strong metamorphosis over the past five years. Since the beginning of the migration crisis in 2015, it is possible to trace a significant strengthening and tightening of measures regulating the situation of migrants on the territory of states. It should be noted that during the same period, a new round of development of radical parties followed in many European countries, but it was in Western European countries that radical changes in politics took place. It is quite difficult to determine what impact migrants have on the state of the economy of states, as well as their relations with the indigenous inhabitants of Western European countries. Accordingly, the purpose of this article will be to consider the socio-economic impact of migrants on the countries of Western Europe during the period of radicalization of the policy of the states of the region in the context of the global COVID-19 pandemic. Among the methods used in this study, it is necessary to distinguish empirical and theoretical ones, such as comparison, analysis and synthesis. The sources were considered on the basis of a system-structural approach to the study of complex political and social processes and phenomena, taking into account many aspects of the development of modern society and the political process in the countries. The analysis of the current situation was carried out on the basis of the principles of historicism, cultural and political continuity. The results of this study can be used in the future to form effective methods of countering social conflicts arising as a result of migration.

Роль миграционной политики Российской Федерации в административно-правовом регулировании миграционных процессов

The article is devoted to the study of the essence of the administrative and legal migration policy of the Russian Federation and the significance of its influence on the regulation of migration processes. From the standpoint of administrative law, the author substantiates the relationship between the existing global migration crisis and the lack of a purposeful course that states should follow in the field of migration relations. The modern approaches of domestic scientists to the definition of the concept of «migration policy», The author’s formulation of this phenomenon is given, administrative and legal means and administrative and legal methods of its implementation are considered and analyzed.