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

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

Updated September 1, 2020
The Global Compact on Migration (GCM) and U.S. Policy
Congress has demonstrated ongoing interest in the global
the challenges of migration cannot be tackled by one
migration crisis, particularly with recent flows of migrants
country alone.
and refugees to the United States from Central America and
Mexico. In 2019 an estimated 272 million international
Significant refugee and migrant flows are taking place
migrants formed roughly 3.5% of the world’s population.
globally as people flee conflict and poverty, as well as
Although not formally defined under international law,
natural disasters (and the potential impact of climate change
many experts generally agree that an international migrant
or other environmental factors), which may be sudden
is someone who changes his or her country of usual
events or unfold over a long period. While movement of
residence, temporarily or permanently, and for a variety of
people is most common among countries in close
reasons. The decision to move is usually made out of a
proximity, worldwide the main migration routes flow (1)
choice related to livelihood, improved economic
north through Central America and Mexico toward the U.S.
circumstances, or family ties. However, as discussed below,
border; (2) from East Africa and countries in the Middle
certain factors may force individuals to leave involuntarily.
East to the Eastern Mediterranean and toward Europe; (3)
In response to increasing numbers of people on the move,
from other parts of Africa across the Mediterranean Sea to
the U.N. General Assembly High-Level Plenary Summit on
Europe; and (4) from Southeast Asia south toward Australia
Refugees and Migrants in September 2016 adopted the
or north to other parts of Asia.
“New York Declaration,” which aims to save lives, protect
Experts often characterize these flows as mixed migration,
rights, and share responsibility for refugees and migrants on
defined as different groups of people—such as economic
a global scale. Building on this initiative, U.N. member
migrants, refugees, asylum-seekers, stateless persons,
states developed two global compacts—a Global Compact
trafficked persons, and unaccompanied children—who
for Safe, Orderly and Regular Migration (GCM) and a
travel the same routes and use the same modes of
Global Compact on Refugees (GCR). In December 2017,
transportation. Sometimes referred to as irregular/
the Trump Administration withdrew the United States from
undocumented migrants, they usually do not have the
the GCM negotiations. (In November 2018, it also
required documentation, such as passports and visas, and
withdrew U.S. participation in the GCR.) Refugees are
often use unauthorized border crossings or pay smugglers to
distinct from migrants because of their specific status and
assist them. The distinctions between groups in these flows
protections under international law.
have raised questions about their status and rights. A key
policy consideration is whether the movement is viewed as
In July 2018, U.N. member states finalized the text of the
voluntary or forced. The U.N. High Commissioner for
GCM, and on December 10-11, 2018, governments signed
Refugees (UNHCR) asserts that many arrivals from refugee
the compact at the U.N. Intergovernmental Conference to
-producing countries require due process for asylum claims.
Adopt the Global Compact for Safe, Orderly and Regular
Even if they do not qualify as refugees, they may need
Migration in Marrakech, Morocco, with 152 votes in favor,
humanitarian assistance, international protection, and
5 against (Czech Republic, Hungary, Israel, Poland, United
opportunities to regularize their status. Other experts point
States), and 12 abstentions. The U.N. General Assembly
out that at least some of the arrivals are economic migrants.
adopted the GCM on December 19, 2018.
Global Migration Trends
GCM: Selected Themes and Objectives
The GCM seeks to highlight and optimize the economic
In recent years, the attention of the media, public, and
benefits of migration while tackling the challenges for
governments on migrants, refugees, and other vulnerable
communities and individuals in countries of origin, transit,
groups on the move has given rise to protection and human
and destination. To minimize irregular/illegal migration, for
rights concerns, as well as questions pertaining to the form
example, the GCM highlights the need for the creation of
and extent of state responsibility. While refugees are
bilateral, regional, and multilateral labor mobility
granted certain rights and protection under international
agreements to reflect the demographics, labor markets, and
refugee law, migrants are not protected by a comparable set
needs of vulnerable migrants, while recognizing that states
of rules or treaties. Consequently, if migrants enter a
have to evaluate regulations on illegal entry/visa
country illegally, they are often without legal protection.
overstayers and strengthen border management and
The GCM is a nonbinding, intergovernmentally negotiated
capacity. U.N. member states, except the United States,
agreement that aimed to cover international migration
typically completed their own consultations across
comprehensively. It sought to negotiate principles to
government policy sectors and levels, along with migrants,
address some of the contentious issues surrounding
diasporas, local communities, civil society, academia,
migration, such as the root causes of the decision to leave,
private sector, trade unions, national human rights
the dangers people face on their journey, and the treatment
institutions, the media, and various relevant stakeholders in
of migrants at borders. The prevailing view has been that
migration. In the final GCM agreement, member states
identified 23 objectives, which primarily focus on several
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The Global Compact on Migration (GCM) and U.S. Policy

key themes (see text box) that affect vulnerable migrants
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.
the right to detain minor migrants, while developing
GCM Themes and Stages
countries did not. Compromise language agreed in the
GCM calls for countries to ensure that unaccompanied
Root causes. Countries can minimize the reasons that
minor migrants be given viable alternatives to detention.
compel people to leave their country of origin. This calls for
greater public and private investment in programs aiming to
Enforcement Mechanism. Some states wanted a
fulfill multilateral agreements like the 2030 Agenda for
mechanism for enforcing the GCM, while others opposed
Sustainable Development and the Paris Agreement, which
this idea. (The United States did not state a position on this
target poverty eradication, food security, urban and rural
issue.) As a compromise, states agreed to an International
development, and empowerment of women and girls.
Migration Review Forum to take place every four years
beginning in 2022. The purpose of the forum is to enable
Vulnerable migrants. Women, children, the elderly, people
member states and relevant stakeholders to discuss
with disabilities, and victims of human trafficking or smuggling
implementation status and improvement strategies. Some
are most at risk of exploitation and abuse. A focus on the
experts say the lack of an enforcement mechanism reassures
needs and rights of the most vulnerable migrants is a priority
states that noncompliance will go unpunished.
at all stages of migration (origin, transit, and destination).
Accessibility and integration. Strengthening and increasing
U.S. Withdrawal from the GCM
the ability for migrants to acquire identification and
On December 2, 2017, the United States ended participation
appropriate documentation in destination countries while
in the GCM, stating its concerns around sovereignty and
promoting investment in skil s development and education to
lack of consistency with U.S. immigration policies and
create employment eligibility in formal labor markets could
principles. In a statement on December 7, 2018, it further
reduce susceptibility to exploitation and increase access to
elaborated on its decision, saying the GCM process
labor markets and necessary services (e.g., health care).
represented “an effort by the United Nations to advance
global governance at the expense of the sovereign right of
GCM: Main Points of Contention
States.” Some analysts argue that the GCM addresses the
issue of sovereignty by upholding the “sovereign right of
Selected points of contention among the GCM negotiation
states to determine their national migration policy and their
participants also reflect legal and policy issues debated
prerogative to govern migration within their jurisdiction.”
within the United States.
Those in favor of U.S. participation said it could bring
Legal vs. Illegal Migration. The relationship between
leadership and influence to the process, and, given the U.S.
illegal migration and the increasingly diminishing pathways
history on migration, could serve as a resource and model
for people to migrate legally was not fully explored in the
for others. The U.N. Secretary-General expressed regret at
GCM negotiations. Experts contend the GCM focuses more
the U.S. decision but hoped the United States would remain
on the need to create additional avenues for people to
engaged on the issue. The impact of the U.S. withdrawal on
migrate legally. The debate over illegal migration has been
the GCM remains unclear. Congress has not indicated what
ongoing for decades in the United States, and during that
action, if any, it might take on this or on broader global
time the numbers of illegal migrants have varied.
migration policy.
Child Detention. A contentious issue for the United States
Beginning in March 2020, with the global spread of the
and other governments when drafting the New York
Coronavirus Disease 2019 (COVID-19), humanitarian
Declaration in 2016 concerned illegal migrants who were
experts began to emphasize that conditions for vulnerable,
minors. Generally, developed countries wanted to maintain
placed populations (often including migrants) made them
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The Global Compact on Migration (GCM) and U.S. Policy
susceptible to the virus and presented significant challenges
Rhoda Margesson, Acting Section Research Manager
to response and containment.
IF11003
Research Associate Catherine Able-Thomas contributed to
the research and writing of this report.

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