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                                                                                         Updated February 6, 2020

The Global Compact on Migration (GCM) and U.S. Policy


Congress has demonstrated interest in the global migration
crisis, particularly as a result of the recent flows of migrants
and refugees to the United States from Central America and
Mexico. In 2019 (latest data available) an estimated 272
million international migrants formed roughly 3.5% of the
world's population. Although the term is not formally
defined under international law, many experts generally
agree that an international migrant is someone who
changes his or her country of usual residence, temporarily
or permanently, and for a variety of reasons. The decision
to move is usually made out of a choice related to
livelihood, improved economic circumstances, or family
ties. However, as discussed below, certain factors may
force individuals to leave involuntarily.
In response to increasing numbers of people on the move,
the U.N. General Assembly High-Level Plenary Summit on
Refugees and Migrants in September 2016 adopted the
New York Declaration, which aims to save lives, protect
rights, and share responsibility for refugees and migrants on
a global scale. Building on this initiative, U.N. member
states developed two global compacts a Global Compact
on Safe, Orderly and Regular Migration (GCM) and a
Global Compact on Refugees (GCR). In December 2017,
the Trump Administration withdrew the United States from
the GCM negotiations. (In November 2018, it also
withdrew U.S. participation in the GCR.) Refugees are
distinct from migrants because of their specific status and
protections under international law.
In July 2018, U.N. member states finalized the text of the
GCM. Governments signed the compact at the U.N.
Intergovernmental Conference to Adopt the Global
Compact for Safe, Orderly and Regular Migration in
Marrakech, Morocco, on December 10-11, 2018, with 152
votes in favor, 5 against (Czech Republic, Hungary, Israel,
Poland, United States), and 12 abstentions. The U.N.
General Assembly adopted the GCM on December 19,
2018.


In recent years, the attention of the media, public, and
governments on migrants, refugees, and other vulnerable
groups on the move has given rise to protection and human
rights concerns, as well as questions pertaining to the form
and extent of state responsibility. While refugees are
granted certain rights and protection under international
refugee law, migrants are not protected by a comparable set
of rules or treaties. Consequently, if migrants enter a
country illegally, they are often without legal protection.
The GCM is nonbinding but has sought to negotiate
principles to address some of the contentious issues
surrounding migration, such as the root causes of the
decision to leave, the dangers people face on their journey,
and the treatment of migrants at borders. The prevailing


view has been that the challenges of migration cannot be
tackled by one country alone.

Significant refugee and migrant flows are taking place
globally as people have fled conflict and poverty, as well as
natural disasters, which may be sudden events or unfold
over a long period. While movement of people is most
common among countries in close proximity, worldwide
the main migration routes flow (1) north through Central
America and Mexico toward the U.S. border; (2) from East
Africa and countries in the Middle East to the Eastern
Mediterranean and toward Europe; (3) from other parts of
Africa across the Mediterranean Sea to Europe; and (4)
from Southeast Asia south toward Australia or north to
other parts of Asia.
Experts often characterize these flows as mixed migration,
defined as different groups of people such as economic
migrants, refugees, asylum-seekers, stateless persons,
trafficked persons, and unaccompanied children who
travel the same routes and use the same modes of
transportation. Sometimes referred to as irregular/
undocumented migrants, these migrants usually do not have
the required documentation, such as passports and visas,
and often use unauthorized border crossings or pay
smugglers to assist them. The distinctions between groups
in these flows have raised questions about their status and
rights. A key policy consideration is whether the movement
is viewed as voluntary or forced. The U.N. High
Commissioner for Refugees (UNHCR) asserts that many
arrivals may be from refugee-producing countries and
require due process for asylum claims. Many also need
humanitarian assistance and protection, even if they do not
qualify as refugees. At the same time, at least some of the
arrivals are considered to be economic migrants.


The GCM seeks to highlight and optimize the economic
benefits of migration while tackling the challenges for
communities and individuals in countries of origin, transit,
and destination. To minimize irregular/illegal migration, for
example, the GCM highlights the need for the creation of
bilateral, regional, and multilateral labor mobility
agreements to reflect the demographics, labor markets, and
needs of vulnerable migrants, while recognizing that states
have to evaluate regulations on illegal entry/visa
overstayers and strengthen border management and
capacity. U.N. member states, except the United States,
typically completed their own consultations across
government policy sectors and levels, along with migrants,
diasporas, local communities, civil society, academia,
private sector, trade unions, national human rights
institutions, the media, and various relevant stakeholders in
migration. In the final GCM agreement, member states
identified 23 objectives, which primarily focus on several
key themes (see text box) that affect vulnerable migrants


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