Tag: illegal immigration

When the Levee Breaks: How the SAFE Act Could Unconstitutionally Strip States of FEMA Funding

The Strengthen and Fortify Enforcement (SAFE) Act (HB 2278) is part of the House’s attempt to split up comprehensive immigration reform into individual bills. The Act suffers from the fundamentally misguided belief of many Republicans that enforcement has to come before any attempt to rationalize our broken immigration system. Of course, if we fix our Kafka-esque immigration system, then many of the problems with unauthorized immigrants will greatly diminish, if not disappear. Focusing on enforcement is like someone saying during prohibition, “before we can talk about legalizing alcohol we first need to stop all these bootleggers and gangsters.”

The SAFE Act is also a constitutional boondoggle with many dangerous and suspect provisions that guarantee the act will be tied up in court battles, not to mention to litany of expected civil liberties abuses that will arise if the Act is ever enforced. The ACLU and the Center for American Progress have already pointed out many of the civil liberties concerns, as well as the bad policies that animate the Act.

Gone unnoticed is a large and consequential problem that has constitutional ramifications: the Act denies law enforcement and Department of Homeland Security funding to states or municipalities that have policies or practices that “prohibit law enforcement officers of a state…from assisting or cooperating with Federal immigration law enforcement[.]” If a state or municipality has such a policy then they “shall not be eligible to receive…any…law enforcement or Department of Homeland Security grant.” (Section 114).

California has just such a law. The TRUST Act, signed by Governor Brown in October 2013, prohibits California state officials from detaining people when U.S. Immigration and Customs Enforcement (ICE) issues a “hold” request (in order to transfer them to federal immigration authorities) if they have been convicted of only minor crimes.

Rebuttal of Senator Sessions’ Anti-Immigration Talking Points

On Tuesday, Senator Jeff Sessions (R-AL) sent out an email memo with talking points for opponents of immigration reform.  Most of the points are based on misinterpretations of government reports, cherry-picked findings by organizations that engage in statistical chicanery, or just flat-out incorrect.  These anti-immigration arguments do not advance a logical argument against immigration.  Here is a point by point rebuttal of the major claims of this memo:

Claim:  No immigration reform proposals will halt unauthorized immigration.

Fact:  Guest worker visas are the most effective way of halting unauthorized immigration because it provides a lawful pathway for low-skilled immigrants to enter instead of overstaying a visa, running across a desert, or being smuggled in.  Providing a lawful immigration pathway will funnel peaceful migrant workers into the legal system leaving immigration enforcement to deal with a much smaller pool of unlawful immigrants.  Italian immigrants in 1910 did not crash boats in to the Jersey Shore to avoid Border Patrol.  They entered legally through Ellis Island because there was a legal way to enter.  Let’s reopen that pathway – at least partly.      

Congress did open it a little bit in the 1950s which ended up cutting unauthorized immigration by over 90 percent by creating a low-skilled guest worker visa called the Bracero Program.  That program later ended due to union pressure, causing unauthorized immigration to immediately skyrocket. The program was shut down after domestic unions, especially Cesar Chavez’s United Farm Workers, mounted a national campaign against it.

According to Stuart Anderson of the National Foundation for American Policy, a February 1958 Border Patrol document from the El Centro, California district states, “Should Public Law 78 [Bracero Program) be repealed or a restriction placed on the number of braceros allowed to enter the United States, we can look forward to a large increase in the number of illegal alien entrants into the United States.”  That is exactly what happened.

The government cannot regulate immigration if much of it is illegal.  Legalizing the flow of workers into the United States is a simple and cost-effective way to control the border.

  

Sources: United States Citizenship and Immigration Services

Further reading:

How to Make a Guest Worker Visa Work

Immigration Reform Should Boost All Skill Levels

Claim:  Immigration reform will increase the budget deficit.

Fact:  Immigration has a very small impact on the size of budget deficits. For what it’s worth, a Congressional Budget Office’s dynamic score of the Senate immigration reform plan found that it would reduce federal government budget deficits by about $1.2 trillion over the next 20 years. Extra growth to the economy and tax revenue from more legal immigrants more than offsets the additional cost of government benefits.  Poor immigrants consume government benefits at a lower rate than poor natives and they also pay taxes.  Highly skilled immigrants make a more positive contribution to government budgets.  According to a survey of countries, the impact is rarely more than plus or minus 1 percent of GDP.  In the U.S. case it is generally positive over the long run but the numbers are very small.  In short, according to economist Robert Rowthorn, “[t]he desirability of large-scale immigration should be decided on other grounds.”

Further readings:

Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens

CBO Dynamically Scores Immigration Bill

The Fiscal Impact of Immigration on the Advanced Economies 

President Obama Is Still the Deporter-In-Chief

Immigration and Customs Enforcement (ICE) released figures showing that they deported fewer people during FY2013 than any year since FY2008 –368,644.  But that number is still higher than at any time during the Bush administration despite the unauthorized immigrant population peaking in 2007.  Just eyeballing the bottom graph confirms that the level of deportations is largely explained by the size of the unauthorized immigrant population (R-Squared=.813).  The more unauthorized immigrants there were, the higher the number of deportations.    

 

Source:  Department of Homeland Security and author’s estimate. 

 So how does Obama’s enforcement record compare to the years before he took office?  Is he under-enforcing or over-enforcing immigration laws relative to what we’d expect given the size of the unauthorized immigrant population?

President Obama is over-enforcing immigration laws.  During his administration a yearly average of 3.37 percent of all unauthorized immigrants have been deported every year compared to just 2.3 percent during President George W. Bush’s administration.  It is true that deportation as a percent of the unauthorized immigrant population have slackened in 2013 but that is still above any year during the Bush administration.

E-Verify Deepens Projected Budget Deficits

On Wednesday, the Congressional Budget Office (CBO) released a cost-estimate for the Legal Workforce Act (H.R. 1772). That bill is one part of the House Republican’s immigration reform package that would nationally mandate a version of E-Verify.

Source: CBO Cost Estimate for H.R. 1772 Legal Workforce Act, page 2.  

CBO notes that many unverifiable employees will be pushed deeper into the underground economy by E-Verify – something that is already occurring in states that mandate its use. Some employers would no doubt continue to pay unverified employees, but would do so off the books and off the radar of the IRS and Social Security Administration. While the government would receive an expected $49 billion in on-budget revenues from new sources of income tax revenue and payroll tax revenue from 2014 to 2023, it would lose $88 billion in off-budget revenue during the same period – mostly from Social Security payroll taxes lost as workers join the underground economy. That’s a $39 billion net loss to revenues due mainly to E-Verify.

My colleagues and I have written extensively about the threat that E-Verify poses to employees, employers, and civil liberties. The CBO estimates that expanding E-Verify would cost the federal government $635 million over the 2014-2018 period, followed by a similar amount from 2018 to 2023. That translates to roughly $1.2 billion in new hires, data retention systems, enforcement tools, and other goodies for the Department of Homeland Security.

The Legal Workforce Act would also impose costly new mandates on state and local governments and the private sector. The CBO estimates at least $10 million in total annual costs to be imposed on state and local governments that will be forced to comply (currently, only 20 states mandate the use of E-Verify for new public hires). And the office estimates a minimum cost of $200 million annually from 2016 to 2018 for private sector employers as they struggle to verify an estimated 50 million employees.

The Legal Workforce Act imposes new costs on the federal government, on state and local governments, on employers and employees, and will push some workers further into the underground economy – all without (thankfully) achieving its core objective of excluding unauthorized immigrants from the workforce. While the CBO may not be known for its accurate fiscal projections, the inevitable net fiscal costs of this bill make it hard to draw anything positive from this recent report.    

This post was written wtih the help of Scott Platton.   

E-Verify Can Now “Lock” Social Security Numbers

Immigration reform is taking its time in Congress but the executive branch agencies charged with enforcing immigration laws have not been idle. Rather, they’ve been implementing bits and pieces of the reform package on their own – but not any of the good ones. 

Last month, the U.S. Citizenship and Immigration Services (USCIS) announced that it will “lock” a Social Security number when E-Verify or USCIS employees, based on new algorithms, believe the number is fraudulent or used fraudulently. The number is locked and a tentative non-confirmation (TNC) is issued to the applicant or applicants using the contested number – preventing any further E-Verify confirmations until the fraudulent user proves he or she is the lawful holder.

Although my colleagues and I have written extensively about the E-Verify system and its threat to liberties and economic growth, locking adds a newer negative dimension.   

“Locking” was proposed as part of the summer’s comprehensive immigration reform bill that was passed by the Senate and in the House’s Legal Workforce Act. Locking was a bad idea in those bills and remains a bad idea today when implemented by regulatory fiat.

Immigrant Attitudes toward Libertarian Values

A recent paper by psychology Professor Hal Pashler of UCSD analyzes General Social Survey (GSS) data and finds that immigrants are less libertarian than the U.S.-born.  This is an interesting paper and professor Pashler notes the many limitations of his findings – mainly that the GSS doesn’t ask many questions that are good barometers of libertarian ideology.  But that hasn’t stopped non-libertarian immigration opponents from using the paper’s conclusion to try and convince libertarians to oppose immigration reform: “With increasing proportions of the US population being foreign-born, low support for libertarian values by foreign-born residents means that the political prospects of libertarian values in the US are likely to diminish over time.” 

Here are some reasons why Pashler’s paper shouldn’t worry libertarians much or convince many to oppose immigration:

First, libertarians generally support immigration reform, the legalization of unauthorized immigrants, and increasing legal immigration because it is consistent with libertarian principles – not because immigration reform will lead to breakthrough electoral gains for libertarian candidates.  The freedom for healthy non-criminals to move across borders with a minimum of government interference is important in and of itself.  General libertarian support for immigration reform does not depend upon immigrants producing a pro-liberty Curley effect – as nice as that would be. 

Second, under free immigration the freedom of current Americans to sell to, hire, and otherwise contract with foreigners would increase substantially.

Third, the ideological differences between the U.S.-born and immigrants are relatively small for some of the questions Pashler analyzes.  For instance, the GSS asked whether the government should do more or less to reduce economic inequality with a response of “1” meaning the government should do much more and a score of “5” meaning the government should do much less.  The average score for immigrants was a 2.75 while the average score for the U.S.-born was 3.18 – a statistically significant difference but hardly one that will push the U.S. toward central planning.

Don’t Confuse Immigration “Style” with “Substance”

Some are making a lot of hay over Senator Rubio’s (R-FL) supposed flip-flop on immigration reform whereby he now supports a House strategy of piecemeal bills as opposed to one large comprehensive package that he helped push through the Senate. Rubio has even stated that he opposed going to conference with his Senate immigration reform bill and any individual bill passed by the House. 

Rubio’s statement is not a flip-flop—it is a public acceptance of the way immigration reform will work in the House and not a repudiation of immigration reform. For a long time the word “comprehensive” has been a dirty word among Republicans and this is just a loud public statement by a pro-reform Senator—arguably the leader of immigration reform this year—moving against that word and the strategy it represents. Piecemeal bills were going to be the strategy in the House—as has been known for months. There is no surprise here.    

But his change is purely strategic, and not very substantive. As a spokesman for Senator Rubio stated:

The point is that at this time, the only approach that has a realistic chance of success is to focus on those aspects of reform on which there is consensus through a series of individual bills … Otherwise, this latest effort to make progress on immigration will meet the same fate as previous efforts: failure.