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Updated January 8, 2019
The Global Compact on Migration (GCM) and U.S. Policy
Congress has demonstrated interest in the global migration
Significant refugee and migrant flows are taking place
crisis, particularly as a result of the recent flows of migrants
globally as people have fled conflict and poverty, as well as
and refugees to the United States from Central America and
natural disasters, which may be sudden events or unfold
Mexico. In 2017, an estimated 232 million international
over a long period. While movement of people is most
migrants formed roughly 3% of the world’s population. The
common among countries in close proximity, worldwide
International Organization for Migration (IOM) defines a
the main migration routes flow (1) north through Central
migrant as any individual who has temporarily or
America and Mexico toward the U.S. border; (2) from East
permanently crossed an international border and is no
Africa and countries in the Middle East to the Eastern
longer residing in his/her country of origin/habitual
Mediterranean and toward Europe; (3) from other parts of
residence. The decision to move is usually made out of a
Africa across the Mediterranean Sea to Europe; and (4)
choice related to livelihood, improved economic
from Southeast Asia south toward Australia or north to
circumstances, or family ties. However, as discussed below,
other parts of Asia.
certain factors may force individuals to leave involuntarily.
Experts often characterize these flows as mixed migration,
In response to increasing numbers of people on the move,
defined as different groups of people—such as economic
the U.N. General Assembly High-Level Plenary Summit on
migrants, refugees, asylum-seekers, stateless persons,
Refugees and Migrants in September 2016 adopted the
trafficked persons, and unaccompanied children—who
“New York Declaration,” which aims to save lives, protect
travel the same routes and use the same modes of
rights, and share responsibility for refugees and migrants on
transportation. Sometimes referred to as irregular/
a global scale. Building on this initiative, U.N. member
undocumented migrants, these migrants usually do not have
states developed two global compacts—a Global Compact
the required documentation, such as passports and visas,
on Safe, Orderly and Regular Migration (GCM) and a
and often use unauthorized border crossings or pay
Global Compact on Refugees (GCR). In December 2017,
smugglers to assist them. The distinctions between groups
the Trump Administration withdrew the United States from
in these flows have raised questions about their status and
the GCM negotiations. (It later also withdrew U.S.
rights. A key policy consideration is whether the movement
participation in the GCR.) Refugees are distinct from
is viewed as voluntary or forced. The U.N. High
migrants because of their specific status and protections
Commissioner for Refugees (UNHCR) asserts that many
under international law.
arrivals may be from refugee-producing countries and
require due process for asylum claims. Many also need
In July 2018, U.N. member states finalized the text of the
humanitarian assistance and protection, even if they do not
GCM. One-hundred and sixty-four U.N. member states
qualify as refugees. At the same time, at least some of the
signed the compact at the U.N. Intergovernmental
arrivals are considered to be economic migrants.
Conference to Adopt the Global Compact for Safe, Orderly
and Regular Migration in Marrakech, Morocco, on
GCM: Selected Themes and Objectives
December 10-11, 2018. The U.N. General Assembly
The GCM seeks to highlight and optimize the economic
adopted the GCM on December 19, 2018.
benefits of migration while tackling the challenges for
International Migration Trends
communities and individuals in countries of origin, transit,
and destination. To minimize irregular/illegal migration, for
In recent years, the attention of the media, public, and
example, the GCM highlights the need for the creation of
governments on migrants, refugees, and other vulnerable
bilateral, regional, and multilateral labor mobility
groups on the move has given rise to protection and human
agreements to reflect the demographics, labor markets, and
rights concerns, as well as questions pertaining to the form
needs of vulnerable migrants, while recognizing that states
and extent of state responsibility. While refugees are
have to evaluate regulations on illegal entry/visa
granted certain rights and protection under international
overstayers and strengthen border management and
refugee law, migrants are not protected by a comparable set
capacity. U.N. member states except the United States
of rules or treaties. Consequently, if migrants enter a
typically completed their own consultations across
country illegally, they are often without legal protection.
government policy sectors and levels, along with migrants,
The GCM is nonbinding but has sought to negotiate
diasporas, local communities, civil society, academia,
principles to address some of the contentious issues
private sector, trade unions, national human rights
surrounding migration, such as the root causes of the
institutions, the media and various relevant stakeholders in
decision to leave, the dangers people face on their journey,
migration. In the final GCM agreement, U.N. member
and the treatment of migrants at borders. The prevailing
states identified 23 objectives, which primarily focus on
view has been that the challenges of migration cannot be
several key themes (see text box) that affect vulnerable
tackled by one country alone.
migrants and those forced to leave their country of origin
(see Figure 1).
https://crsreports.congress.gov
The Global Compact on Migration (GCM) and U.S. Policy
Figure 1. Stages and Challenges of Irregular Migration
Source: Map and graphic created by Jennifer Roscoe, CRS.
minors. Generally, developed countries wanted to maintain
GCM Themes and Stages
the right to detain minor migrants, while developing
countries did not. Compromise language agreed in the
Root causes. Countries can minimize the reasons that
GCM calls for countries to ensure that unaccompanied
compel people to leave their country of origin. This calls for
minor migrants be given viable alternatives to detention.
greater public and private investment in programs aiming to
fulfill multilateral agreements like the 2030 Agenda for
Enforcement Mechanism. Some states wanted a
Sustainable Development and the Paris Agreement, which
mechanism for enforcing the GCM, while others opposed
target poverty eradication, food security, urban and rural
this idea. (The United States has not stated a position on
development, and empowerment of women and girls.
this issue.) As a compromise, states agreed to an
International Migration Review Forum to take place every
Vulnerable migrants. Women, children, the elderly, people
four years beginning in 2022. The purpose of the forum is
with disabilities, and victims of human trafficking or smuggling
to enable member states and relevant stakeholders to
are most at risk of exploitation and abuse. A focus on the
discuss implementation status and improvement strategies.
needs and rights of the most vulnerable migrants is a priority
Some experts say the lack of an enforcement mechanism
at all stages of migration (origin, transit, and destination).
reassures states that noncompliance will go unpunished.
Accessibility and integration. Strengthening and increasing
the ability for migrants to acquire identification and
U.S. Withdrawal from the GCM
appropriate documentation in destination countries is
On December 2, 2017, the United States ended participation
needed. At the same time, promoting investment in skil s
in the GCM, stating its concerns around sovereignty and
development and education to create employment eligibility
lack of consistency with U.S. immigration policies and
in formal labor markets could reduce susceptibility to
principles. Australia and several European countries also
exploitation and increase access to labor markets and
opted out of the compact. Some analysts argue that the
necessary services (e.g., health care).
document addresses the issue of sovereignty by upholding
GCM: Main Points of Contention
the “sovereign right of states to determine their national
migration policy and their prerogative to govern migration
Selected points of contention among the GCM negotiation
within their jurisdiction.” Those in favor of U.S.
participants also reflect legal and policy issues debated
participation said it could bring leadership and influence to
within the United States.
the process, and, given the U.S. history on migration, could
Legal vs. Illegal migration. The relationship between
serve as a resource and model for others. The U.N.
illegal migration and the increasingly diminishing pathways
Secretary-General expressed regret at the U.S. decision but
for people to migrate legally was not fully explored in the
hoped the United States would remain engaged on the issue.
GCM negotiations. Experts contend the GCM focuses more
on the need to create additional avenues for people to
The impact of the U.S. withdrawal on the GCM remains
migrate legally. The debate over illegal migration has been
unclear. Congress has not indicated what action, if any, it
ongoing for decades in the United States, and during that
might take with regard to the GCM or on broader global
time the numbers of illegal migrants has varied. The
migration policy.
historical high points of those being apprehended while
crossing the U.S. southern border occurred in the late 1980s
Research Associate Catherine Able-Thomas contributed to
and 2000, with 1.6 million individuals per year. Historic
the research and writing of this report.
low points were in 1971 and 2017 with numbers around
300,000 individuals apprehended per year.
Rhoda Margesson, Specialist in International
Child Detention. A contentious issue for the United States
Humanitarian Policy
and other governments when drafting the New York
IF11003
Declaration in 2016 concerned illegal migrants who were
https://crsreports.congress.gov
The Global Compact on Migration (GCM) and U.S. Policy
Disclaimer
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https://crsreports.congress.gov | IF11003 · VERSION 3 · UPDATED