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                                                                                        Updated September 1, 2020

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


Congress has demonstrated ongoing interest in the global
migration crisis, particularly with recent flows of migrants
and refugees to the United States from Central America and
Mexico. In 2019 an estimated 272 million international
migrants formed roughly 3.5% of the world's population.
Although 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
for 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, and on December 10-11, 2018, governments signed
the compact at the U.N. Intergovernmental Conference to
Adopt the Global Compact for Safe, Orderly and Regular
Migration in Marrakech, Morocco, 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 a nonbinding, intergovernmentally negotiated
agreement that aimed to cover international migration
comprehensively. It 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 flee conflict and poverty, as well as
natural disasters (and the potential impact of climate change
or other environmental factors), 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, they 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 from refugee
-producing countries require due process for asylum claims.
Even if they do not qualify as refugees, they may need
humanitarian assistance, international protection, and
opportunities to regularize their status. Other experts point
out that at least some of the arrivals are 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


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