Updated April 10, 2019
The Global Compact on Migration (GCM) and U.S. Policy
Congress has demonstrated interest in the global migration
view has been that the challenges of migration cannot be
crisis, particularly as a result of the recent flows of migrants
tackled by one country alone.
and refugees to the United States from Central America and
Significant refugee and migrant flows are taking place
Mexico. In 2017 (latest data available) an estimated 232
globally as people have fled conflict and poverty, as well as
million international migrants formed roughly 3% of the
natural disasters, which may be sudden events or unfold
world’s population. The International Organization for
over a long period. While movement of people is most
Migration (IOM) defines a migrant as any individual who
common among countries in close proximity, worldwide
has temporarily or permanently crossed an international
the main migration routes flow (1) north through Central
border and is no longer residing in his/her country of
America and Mexico toward the U.S. border; (2) from East
origin/habitual residence. The decision to move is usually
Africa and countries in the Middle East to the Eastern
made out of a choice related to livelihood, improved
Mediterranean and toward Europe; (3) from other parts of
economic circumstances, or family ties. However, as
Africa across the Mediterranean Sea to Europe; and (4)
discussed below, certain factors may force individuals to
from Southeast Asia south toward Australia or north to
leave involuntarily.
other parts of Asia.
In response to increasing numbers of people on the move,
Experts often characterize these flows as mixed migration,
the U.N. General Assembly High-Level Plenary Summit on
defined as different groups of people—such as economic
Refugees and Migrants in September 2016 adopted the
migrants, refugees, asylum-seekers, stateless persons,
“New York Declaration,” which aims to save lives, protect
trafficked persons, and unaccompanied children—who
rights, and share responsibility for refugees and migrants on
travel the same routes and use the same modes of
a global scale. Building on this initiative, U.N. member
transportation. Sometimes referred to as irregular/
states developed two global compacts—a Global Compact
undocumented migrants, these migrants usually do not have
on Safe, Orderly and Regular Migration (GCM) and a
the required documentation, such as passports and visas,
Global Compact on Refugees (GCR). In December 2017,
and often use unauthorized border crossings or pay
the Trump Administration withdrew the United States from
smugglers to assist them. The distinctions between groups
the GCM negotiations. (In November 2018, it also
in these flows have raised questions about their status and
withdrew U.S. participation in the GCR.) Refugees are
rights. A key policy consideration is whether the movement
distinct from migrants because of their specific status and
is viewed as voluntary or forced. The U.N. High
protections under international law.
Commissioner for Refugees (UNHCR) asserts that many
In July 2018, U.N. member states finalized the text of the
arrivals may be from refugee-producing countries and
GCM. Governments signed the compact at the U.N.
require due process for asylum claims. Many also need
Intergovernmental Conference to Adopt the Global
humanitarian assistance and protection, even if they do not
Compact for Safe, Orderly and Regular Migration in
qualify as refugees. At the same time, at least some of the
Marrakech, Morocco, on December 10-11, 2018, with 152
arrivals are considered to be economic migrants.
votes in favor, 5 against (Czech Republic, Hungary, Israel,
GCM: Selected Themes and Objectives
Poland, United States), and 12 abstentions. The U.N.
General Assembly adopted the GCM on December 19,
The GCM seeks to highlight and optimize the economic
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, member states
and the treatment of migrants at borders. The prevailing
identified 23 objectives, which primarily focus on several
key themes (see text box) that affect vulnerable migrants
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The Global Compact on Migration (GCM) and U.S. Policy

and those forced to leave their country of origin (see Figure
1).
Figure 1. Stages and Challenges of Irregular Migration

Source: Map and graphic created by Jennifer Roscoe, CRS.
Child Detention. A contentious issue for the United States
GCM Themes and Stages
and other governments when drafting the New York
Declaration in 2016 concerned illegal migrants who were
Root causes. Countries can minimize the reasons that
minors. Generally, developed countries wanted to maintain
compel people to leave their country of origin. This calls for
the right to detain minor migrants, while developing
greater public and private investment in programs aiming to
countries did not. Compromise language agreed in the
fulfill multilateral agreements like the 2030 Agenda for
GCM calls for countries to ensure that unaccompanied
Sustainable Development and the Paris Agreement, which
minor migrants be given viable alternatives to detention.
target poverty eradication, food security, urban and rural
development, and empowerment of women and girls.
Enforcement Mechanism. Some states wanted a
mechanism for enforcing the GCM, while others opposed
Vulnerable migrants. Women, children, the elderly, people
this idea. (The United States has not stated a position on
with disabilities, and victims of human trafficking or smuggling
this issue.) As a compromise, states agreed to an
are most at risk of exploitation and abuse. A focus on the
International Migration Review Forum to take place every
needs and rights of the most vulnerable migrants is a priority
four years beginning in 2022. The purpose of the forum is
at all stages of migration (origin, transit, and destination).
to enable member states and relevant stakeholders to
Accessibility and integration. Strengthening and increasing
discuss implementation status and improvement strategies.
the ability for migrants to acquire identification and
Some experts say the lack of an enforcement mechanism
appropriate documentation in destination countries is
reassures states that noncompliance will go unpunished.
needed. At the same time, promoting investment in skil s
development and education to create employment eligibility
U.S. Withdrawal from the GCM
in formal labor markets could reduce susceptibility to
On December 2, 2017, the United States ended participation
exploitation and increase access to labor markets and
in the GCM, stating its concerns around sovereignty and
necessary services (e.g., health care).
lack of consistency with U.S. immigration policies and
GCM: Main Points of Contention
principles. In a statement on December 7, 2018, it further
elaborated on its decision, highlighting concerns that the
Selected points of contention among the GCM negotiation
GCM process represented “an effort by the United Nations
participants also reflect legal and policy issues debated
to advance global governance at the expense of the
within the United States.
sovereign right of States.” Some analysts argue that the
Legal vs. Illegal migration. The relationship between
GCM addresses the issue of sovereignty by upholding the
illegal migration and the increasingly diminishing pathways
“sovereign right of states to determine their national
for people to migrate legally was not fully explored in the
migration policy and their prerogative to govern migration
GCM negotiations. Experts contend the GCM focuses more
within their jurisdiction.” Those in favor of U.S.
on the need to create additional avenues for people to
participation said it could bring leadership and influence to
migrate legally. The debate over illegal migration has been
the process, and, given the U.S. history on migration, could
ongoing for decades in the United States, and during that
serve as a resource and model for others. The U.N.
time the numbers of illegal migrants has varied. The
Secretary-General expressed regret at the U.S. decision but
historical high points of those being apprehended while
hoped the United States would remain engaged on the issue.
crossing the U.S. southern border occurred in the late 1980s
The impact of the U.S. withdrawal on the GCM remains
and 2000, with 1.6 million individuals per year. Historic
unclear. Congress has not indicated what action, if any, it
low points were in 1971 and 2017 with numbers around
might take with regard to the GCM or on broader global
300,000 individuals apprehended per year.
migration policy.
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The Global Compact on Migration (GCM) and U.S. Policy

Rhoda Margesson, Specialist in International
Research Associate Catherine Able-Thomas contributed to
Humanitarian Policy
the research and writing of this report.
IF11003


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