Type of practice: Domestic laws and policies
Country: United States of America
Name of Stakeholder: Government of the United States of America
Type of Stakeholder Implementing the Practice: State, Host State
Type of crisis: Natural Disaster
Crisis phase: Post-Crisis Action
Related Links: US Citizenship and Inmigration Services
U.S. Citizenship and Immigration Services (USCIS) makes available certain U.S. immigration benefits or relief to individuals affected by unforeseen circumstances, such as disasters. When requested, the following options may be available to people affected by natural catastrophes and other extreme situations:
- Extensions & Changes of Status
- Fee Waiver
- Employment Authorization
- Document Replacement
- Abandonment or Failure to Respond to a Request for Evidence
- Expedited Processing
- Capacity building
GUIDELINE 8: Build capacity and learn lessons for emergency response and post-crisis action
Limited resources, funding, and technical skills can all affect the robustness of emergency and post-crisis responses. Understanding and assessing these limitations is a critical first step towards overcoming them. Stakeholders’ investment in their own capacity to improve emergency response and post-crisis recovery for migrants is critical.
Capacity building may relate to such varied areas as consular services, training for responders, resource allocation, funding mechanisms, insurance schemes, relief goods and services, border and migration management, and relocation and evacuation. Many of these areas are relevant for both the emergency and post-crisis phases. Stakeholders should also consider addressing potential reintegration challenges for migrants, their families, and communities, facilitating re-employment, income generation, and safe remigration, and supporting migrants to access outstanding wages, assets, and property left in host States.
States, private sector actors, international organizations, and civil society should assist one another to build and improve their capacity to respond. Undertaking advocacy, monitoring and evaluations, raising awareness, conducting training, sharing information, building research and knowledge, and supporting and learning from each other all help to improve collective efforts to protect migrants.
- Training and capacity building of stakeholders, such as on effective ways to access migrants and identify vulnerability and needs.
- Dedicated funding to protect migrants, including budget lines, loans, and funding platforms.
- Referral mechanisms that map rosters of experts who can address diverse needs of different migrants.
- Peer-to-peer exchanges for capacity building and learning on tackling challenges associated with protecting migrants.
- Training for consular officials, such as on collecting information on citizens and crisis management, including evacuation.
- Monitoring and evaluation of crisis responses that includes analysis of responses towards migrants.
- Support migrants’ recovery
GUIDELINE 14: Address migrants’ immediate needs and support migrants to rebuild lives
The dislocation and disruption created by conflicts or natural disasters can have significant and severe consequences for the socio-economic wellbeing of migrants and their families. Migrant workers often support themselves and their immediate and extended families, whether they are with them in the host State or in States of origin. Conflicts and natural disasters can stem the flow of income to migrants and curtail remittances to their families. Technical facilities to remit money can be disrupted. Currency devaluations and changes in exchange rates can affect migrants’ savings and assets. Education opportunities for student migrants can be indefinitely suspended. Xenophobia and discrimination against migrants may increase. Post-crisis conditions in host States and States of transit may allow trafficking of persons and other exploitative arrangements to thrive.
Migrants and their families who return to States of origin after prolonged stays in a host State can experience difficulty finding employment and housing and reintegrating. Reintegration may be especially difficult for victims of trafficking, individuals who experienced sexual and gender-based violence in the host State, children born to migrants in host States who have no experience of the culture in the parents’ State of origin, and migrants who have been abroad for extended periods of time. Possible interventions include cash assistance to address immediate needs, psychosocial counseling, health care, physical rehabilitation, family tracing services, assistance to recover outstanding wages, assets and property, compensation to address losses, and much more. Efforts to restore income for those migrants who return to their States of origin may include certification and recognition of skills, education, and training acquired abroad. Many migrants may seek opportunities to acquire new skills upon return. For various reasons, including to revive their incomes, others may seek opportunities to remigrate back to host States once the crisis has subsided or migrate to other countries.
Migrants who remain in their host States can also experience difficulty resuming their previous lives. They will require many of the same support services as migrants who return to their States of origin, such as cash assistance, health care, psychosocial and other counseling, family tracing, compensation, assistance to recover outstanding wages, assets, and property, and efforts to restore income, employment, and education opportunities. Like citizens, migrants’ post-crisis needs should be factored into host State recovery plans and programs at the national and local levels. States may decide to review immigration and visa rules to provide latitude for migrants who wish to remain in the host State to do so legally. Efforts that leverage the solidarity of migrants who remain in host States towards their host communities and societies could counteract xenophobic and discriminatory attitudes.
- Access to remedies to recover lost property and assets, outstanding wages, pensions, and other benefits.
- Engagement of migrants in host-State reconstruction efforts.
- Flexible immigration procedures to enable migrants to retain regular immigration status.
- Registration, assessment, and recognition of returned migrants’ needs and skills.
- Immediate reintegration support, including cash and medical assistance.
- Income and employment regeneration assistance, including assistance with remigration.
- Certification mechanisms for skills, education, and training acquired abroad.