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Updated March 27, 2020
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 with recent flows of migrants and
globally as people have fled conflict and poverty, as well as
refugees to the United States from Central America and
natural disasters, which may be sudden events or unfold
Mexico. In 2019 an estimated 272 million international
over a long period. While movement of people is most
migrants formed roughly 3.5% of the world’s population.
common among countries in close proximity, worldwide
Although not formally defined under international law,
the main migration routes flow (1) north through Central
many experts generally agree that an international migrant
America and Mexico toward the U.S. border; (2) from East
is someone who changes his or her country of usual
Africa and countries in the Middle East to the Eastern
residence, temporarily or permanently, and for a variety of
Mediterranean and toward Europe; (3) from other parts of
reasons. 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. (In November 2018, it also
rights. A key policy consideration is whether the movement
withdrew U.S. participation in the GCR.) Refugees are
is viewed as voluntary or forced. The U.N. High
distinct from migrants because of their specific status and
Commissioner for Refugees (UNHCR) asserts that many
protections 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, and on December 10-11, 2018, governments signed
qualify as refugees. At the same time, at least some of the
the compact at the U.N. Intergovernmental Conference to
arrivals are considered to be economic migrants.
Adopt the Global Compact for Safe, Orderly and Regular
Migration in Marrakech, Morocco, with 152 votes in favor,
GCM: Selected Themes and Objectives
5 against (Czech Republic, Hungary, Israel, Poland, United
The GCM seeks to highlight and optimize the economic
States), and 12 abstentions. The U.N. General Assembly
benefits of migration while tackling the challenges for
adopted the GCM on December 19, 2018.
communities and individuals in countries of origin, transit,
International Migration Trends
and destination. To minimize irregular/illegal migration, for
example, the GCM highlights the need for the creation of
In recent years, the attention of the media, public, and
bilateral, regional, and multilateral labor mobility
governments on migrants, refugees, and other vulnerable
agreements to reflect the demographics, labor markets, and
groups on the move has given rise to protection and human
needs of vulnerable migrants, while recognizing that states
rights concerns, as well as questions pertaining to the form
have to evaluate regulations on illegal entry/visa
and extent of state responsibility. While refugees are
overstayers and strengthen border management and
granted certain rights and protection under international
capacity. U.N. member states, except the United States,
refugee law, migrants are not protected by a comparable set
typically completed their own consultations across
of rules or treaties. Consequently, if migrants enter a
government policy sectors and levels, along with migrants,
country illegally, they are often without legal protection.
diasporas, local communities, civil society, academia,
The GCM is nonbinding but has sought to negotiate
private sector, trade unions, national human rights
principles to address some of the contentious issues
institutions, the media, and various relevant stakeholders in
surrounding migration, such as the root causes of the
migration. In the final GCM agreement, member states
decision to leave, the dangers people face on their journey,
identified 23 objectives, which primarily focus on several
and the treatment of migrants at borders. The prevailing
key themes (see text box) that affect vulnerable migrants
view has been that the challenges of migration cannot be
and those forced to leave their country of origin (see Figure
tackled by one country alone.
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.
Enforcement Mechanism. Some states wanted a
GCM Themes and Stages
mechanism for enforcing the GCM, while others opposed
this idea. (The United States has not stated a position on
Root causes. Countries can minimize the reasons that
this issue.) As a compromise, states agreed to an
compel people to leave their country of origin. This calls for
International Migration Review Forum to take place every
greater public and private investment in programs aiming to
four years beginning in 2022. The purpose of the forum is
fulfill multilateral agreements like the 2030 Agenda for
to enable member states and relevant stakeholders to
Sustainable Development and the Paris Agreement, which
discuss implementation status and improvement strategies.
target poverty eradication, food security, urban and rural
Some experts say the lack of an enforcement mechanism
development, and empowerment of women and girls.
reassures states that noncompliance will go unpunished.
Vulnerable migrants. Women, children, the elderly, people
with disabilities, and victims of human trafficking or smuggling
U.S. Withdrawal from the GCM
are most at risk of exploitation and abuse. A focus on the
On December 2, 2017, the United States ended participation
needs and rights of the most vulnerable migrants is a priority
in the GCM, stating its concerns around sovereignty and
at all stages of migration (origin, transit, and destination).
lack of consistency with U.S. immigration policies and
Accessibility and integration. Strengthening and increasing
principles. In a statement on December 7, 2018, it further
the ability for migrants to acquire identification and
elaborated on its decision, saying the GCM process
appropriate documentation in destination countries while
represented “an effort by the United Nations to advance
promoting investment in skil s development and education to
global governance at the expense of the sovereign right of
create employment eligibility in formal labor markets could
States.” Some analysts argue that the GCM addresses the
reduce susceptibility to exploitation and increase access to
issue of sovereignty by upholding the “sovereign right of
labor markets and necessary services (e.g., health care).
states to determine their national migration policy and their
prerogative to govern migration within their jurisdiction.”
GCM: Main Points of Contention
Those in favor of U.S. participation said it could bring
leadership and influence to the process, and, given the U.S.
Selected points of contention among the GCM negotiation
history on migration, could serve as a resource and model
participants also reflect legal and policy issues debated
for others. The U.N. Secretary-General expressed regret at
within the United States.
the U.S. decision but hoped the United States would remain
Legal vs. Illegal Migration. The relationship between
engaged on the issue. The impact of the U.S. withdrawal on
illegal migration and the increasingly diminishing pathways
the GCM remains unclear. Congress has not indicated what
for people to migrate legally was not fully explored in the
action, if any, it might take on this or on broader global
GCM negotiations. Experts contend the GCM focuses more
migration policy.
on the need to create additional avenues for people to
As of March 24, 2019, COVID-19 is present in more than
migrate legally. The debate over illegal migration has been
185 countries. Humanitarian experts agree the conditions
ongoing for decades in the United States, and during that
for vulnerable, displaced populations (including some
time the numbers of illegal migrants have varied.
migrants) make them susceptible to the virus and present
Child Detention. A contentious issue for the United States
significant challenges in mounting a sustained response.
and other governments when drafting the New York
Declaration in 2016 concerned illegal migrants who were
Research Associate Catherine Able-Thomas contributed to
minors. Generally, developed countries wanted to maintain
the research and writing of this report.
the right to detain minor migrants, while developing
Rhoda Margesson, Specialist in International
countries did not. Compromise language agreed in the
Humanitarian Policy
GCM calls for countries to ensure that unaccompanied
minor migrants be given viable alternatives to detention.
IF11003
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 7 · UPDATED