Tag: immigration

The Failure of the Americanization Movement

Introduction

Last week I was on an immigration panel discussing my new booklet Open Immigration: Yea & Nay, coauthored with Mark Krikorian of the Center for Immigration Studies.  The other panelists were Michael Barone, George Will, Andrew McCarthy, and John Fonte.  They all had interesting comments about the booklet and the issue of immigration broadly.  However, I do want to take issue with some comments by John Fonte about the assimilation of immigrants and his view that the United States needs a modern version of the Americanization movement – an early 20th century initiative that sought to assimilate newcomers rapidly into American civic life.  Fonte claims that modern immigrants just aren’t assimilating as well as previous waves of immigrants, especially in their patriotism, because there is no modern equivalent of the Americanization movement to help them. 

During the event, I challenged Fonte’s claims about both the assimilation rates of today’s immigrants as well as the effectiveness of the Americanization Movement.  On the former point, research by Jacob Vigdor and others shows solid and sustained assimilation of immigrants over the generations that is comparable to the assimilation rates of previous immigrant groups.  On the latter point about the effectiveness of the Americanization movement, I mentioned that there were no data available from the early 20th century to confirm or disconfirm that it was responsible for the assimilation of immigrants in those groups.  Fonte countered by saying [2:44:15]: “It’s true we don’t have data on how well assimilation worked, but I think we have plenty of anecdotal evidence that Americanization did help.”  Elsewhere Fonte writes “assimilation of the Ellis Island generation succeeded only because American elites (progressive at the time) insisted upon ‘Americanization.’”  The success of the Americanization movement is an empirical question but there is precious little data from that time period.  There may be some anecdotes available that support his position so I will list some others below that question the effectiveness of the Americanization movement.    

Fonte and I clearly disagree over how successful current immigrant assimilation is in the United States, but this blog will focus on the little-researched and less understood Americanization movement of last century.  Contrary to Fonte’s claims, the Americanization movement had no discernible impacts on immigrant assimilation at best and, at worst, it may have slowed down assimilation.  The Americanization movement was not a benevolent government program that sought to assimilate immigrants into American society so much as it was an avenue for American opponents of immigration to vent their frustrations about immigrants.  Such an atmosphere of hostility could not produce greater assimilation.  The Americanization movement, however, did create an air of government-forced homogeneity similar to the government policies of Russia, Hungary, and Germany that tried to forcibly assimilate ethnic and linguistic minorities with tragic consequences – an experience many immigrants came to America to avoid.  The Americanization movement replaced the tolerant cosmopolitanism (for the most part) that defined America’s experience with immigration up to that point, and represented a low-water mark of American confidence in the assimilationist power of her institutions.  Below I will lay out the history of the Americanization movement, how it worked, and why it was likely ineffective.

Do Amnesties Increase Unlawful Immigration?

One popular argument against a legalization, or amnesty, of unlawful immigrants is that it will merely incentivize future unlawful immigration.  Unlawful immigrants will be more likely to break immigration laws because they will eventually be legalized anyway, so why bother to attempt to enter legally (ignoring the fact that almost none of them could have entered legally)?  This claim is taken at face value because the stock of unlawful immigration eventually increased in the decades after the 1986 Immigration Reform and Control Act (IRCA) that amnestied roughly 2.7 million.

However, that doesn’t prove that IRCA was responsible for the increase in the stock of unlawful immigrants.  The stock of unlawful immigrants may have been increasing at a steady rate prior to the amnesty and that rate may have just continued after the amnesty.  Measuring the flows of unlawful immigrants is the best way to gauge whether the 1986 Reagan amnesty incentivized further unlawful immigration.  If the flows increased after IRCA, then the amnesty likely incentivized more unlawful immigration.  The number of annual apprehensions of unlawful immigrants on the Southwest border is a good way to approximate for these cross-border flows.

It’s perfectly reasonable to think that an amnesty of unlawful immigrants could increase their numbers in the future.  There are at least two ways this could occur.  The first is through knowledge of an imminent amnesty.  If foreigners thought Congress was about to grant legal status to large numbers of unlawful immigrants, then some of those foreigners may rush the border on the chance that they would be included.  Legislators were aware of this problem, which was why IRCA did not apply to unlawful immigrants who entered on January 1st 1982 or after.  IRCA had been debated for years before passage and Congress did not want to grant amnesty to unlawful immigrants who entered merely because they heard of the amnesty.  To prevent such a rush, subsequent immigration reform bills have all had a cutoff date for legalization prior to Congressional debate on the matter. 

Even with the cutoff date, some recent unlawful immigrants would still be able to legalize due to fraud or administrative oversights.  An unlawful immigrant who rushes the border to take advantage of an imminent amnesty still has a greater chance of being legalized than he did before, so legalization might be the marginal benefit that convinces him to try.  This theory of a rush of unlawful immigrants prior to an imminent amnesty is not controversial.

Potential Path to a Green Card in Executive Action

In a little-noticed memo on November 20th, Department of Homeland Security Secretary Jeh Johnson ordered Customs and Border Protection and Citizenship and Immigration Services to allow unlawful immigrants who are granted advance parole to depart the United States and reenter legally.  This memo is based on a decision rendered in a 2012 Board of Immigration Appeals case called Matter of Arrabally. Allowing the immigrant to legally leave and reenter on advance parole means he or she can apply for a green card from inside of the United States–if he or she qualifies. 

Advance parole can be granted to recipients of DACA (deferred action for childhood arrivals) and DAPA (deferred action for parental accountability) if they travel abroad for humanitarian, employment, or educational purposes, which are broadly defined

Leaving the United States under advance parole means that the departure doesn’t legally count, so the 3/10 year bars are not triggered, and the unlawful immigrant can apply for a green card once they return to the United States through 8 USC §1255 if he or she is immediately related to a U.S. citizen.  Reentering the United States under advance parole means that the prior illegal entry and/or presence are wiped out in the eyes of the law.  Crucially, individuals who present themselves for inspection and are either admitted or paroled by an immigration officer can apply for their green card from inside of the United States and wait here while their application is being considered.

In such a case, unlawful immigrants who receive deferred action and who are the spouses of American citizens will be able to leave the United States on advance parole and reenter legally, allowing them to apply for a green card once they return.  Unlawful immigrants who are the parents of adult U.S. citizen children will be able to do the same.  Unlawful immigrants who are the parents of minor U.S. citizen children and are paroled back into the country will just have to wait until those children are 21 years of age and then they can be sponsored for a green card.

According to New York based immigration attorney Matthew Kolken, “President Obama’s policy change has the potential to provide a bridge to a green card for what could be millions of undocumented immigrants with close family ties to the United States.” 

Interpreting Obama’s Immigration Executive Action

President Obama will soon announce an executive action to defer the deportations of somewhere between 1 million and 4.5 million unauthorized immigrants. Those whose deportations are deferred will be eligible for a temporary work permit through a 1987 provision in the Code of Federal Regulations.

Those who support immigration reform note that any executive action by the President will poison the well for reform, making it impossible for Congress to move piecemeal bills to the President’s desk.  Last year, one of the most effective arguments against immigration reform was that President Obama would not enforce the law as written, a prediction that seems to be borne out with this executive action.  The Wall Street Journal editorial board said it the best:

If he does issue an executive order, we hope Republicans don’t fall for his political trap.  He and many Democrats want Republicans to appear to be anti-immigrant.  They want the GOP to dance to the Steve King-Jeff Sessions blow-a-gasket caucus.

To poison the well of reform there actually had to be water in the well to begin with. I’m not convinced there was.  If there was a serious Congressional effort to reform immigration in the immediate future, then the President’s actions here would totally derail it.

What Should Republicans Do?

Having taken both houses of Congress, Republicans are eager to make changes. Here are some guidelines they should follow: 1. Learn from history. At least since the Clinton administration, this country has suffered from a consistent pattern: First, one party takes the White House and Congress. Thrilled with the taste of power, they overreach, provoking a backlash. This allows the other party to soon take control of at least one house of Congress, leading to gridlock for the next several years. Republicans can avoid this scenario. Instead of immediately trying to pass legislation that will please certain of their constituents, Republicans should propose changes that will build strategic alliances with a wide range of groups. That may mean an incremental approach to change, but each increment should be designed to make the next increment more—not less—politically feasible. 2. Focus on fiscal issues. Part of the historic pattern is that Democrats win on social issues while Republicans win on fiscal issues. Whichever party is in power usually shoots itself in the foot by giving the other party ammunition on its winning issues. For example, Democrats’ obsession with government-run health insurance turned a social issue—poor people’s access to health care—into a fiscal issue. Republicans’ obsessions with abortion and gay rights give Democrats tools to bring them down. Since tax and fiscal issues are what Republicans win on, they should stick to those issues. That means no introducing bills to limit third-trimester abortions, no proposals for constitutional amendments to declare that marriage is between a man and a woman, and no efforts to open the Arctic National Wildlife Refuge (ANWR) to oil drilling. Any of those efforts would give fiscal liberals the openings they need to retake at least one house of Congress in 2018 (if not 2016), thus restoring gridlock. 3. Fix incentives, not outcomes. Nearly all of the problems with the federal government are due to poor incentives. It is incentives that determine what agencies do and whether they will be efficient doing it. In the long run, if the incentives are right, everything else will take care of itself (including a reduction in the size of government). Unfortunately, members of Congress almost never think about incentives when they pass legislation—or when they do, they think about them the wrong way, as in “How can I create an incentive to produce the outcome I want?” Instead of worrying about outcomes, Congress should create a level playing field, with a minimal amount of regulation and subsidies.

Five Absurd Overreactions to the Surge in Child Migrants

The surge of unaccompanied migrant children (UAC) that dominated the news cycle in June and July of this year has receded – so much so that many emergency shelters established to handle the inflow are shutting down.  At the height of the surge, many commentators and government officials expected 90,000 UAC to be apprehended by the end of the fiscal year (FY).  As the end of the FY approaches, the number of apprehended UAC stands at roughly 66,000 - far below the estimates.

Now that the surge has receded, here are some of the most absurd overreactions to it.  Never before have so many commentators been so angry over so few migrants.

1.  U.S. Representative Phil Gingrey (R-GA) quoted in “POLITIFACT: Deadly viruses part of border crisis?Tampa Bay Times (July 29).  

Rep. Gingrey said: “Reports of illegal migrants carrying deadly diseases such as swine flu, dengue fever, Ebola virus and tuberculosis are particularly concerning.” [Emphasis added]

Ebola is a terrifying virus and a recent outbreak in West Africa shared the headlines with the surge in UAC, but that doesn’t mean the two events are linked.  Rep. Gingrey’s office indicated that he heard about child migrants carrying Ebola from border agents.  The rest of us are still waiting to hear about it.

2.  Mackubin Thomas Owens, “Camp of the Saints, 2014 Style?” National Review Online (June 13).

Apparently the terrible consequences of an influx of child migrants, which was only equal to about 6 percent of the total number of legal immigrants admitted this year, was predicted by a controversial 1973 French novel entitled The Camp of the Saints – which described the end of Western Civilization due to an influx of third-world immigrants.

Owens’ comments reveal a Western tradition that should be abandoned – that every small issue signals the downfall of Western Civilization.            

3.  Marine Corps Gen. John Kelly, “SOUTHCOM chief: Central America drug war a fire threat to U.S. national security,” Military Times (July 8).

“In comparison to other global threats, the near collapse of societies in the hemisphere with the associated drug and illegal alien flow are frequently viewed to be of low importance. Many argue these threats are not existential and do not challenge our national security. I disagree.” [Emphasis added]

There are certainly national security challenges that accompany America’s disastrous prosecution of the war on drugs and there is a security component to regulating immigration.  But it is quite a leap to go from pointing out problems that could potentially get worse to then stating they are “existential.”

House Bill Eviscerates Asylum System, Deports Child Trafficking Victims

President Obama recently asked Congress for authority to treat Central American children in the same way the government treats Mexican children. The Asylum Reform and Border Protection Act (H.R. 5137), introduced today by Reps. Chaffetz (R-UT) and Goodlatte (R-VA), Chairman of the House Judiciary Committee, goes beyond the President’s request. The bill eliminates any sort of review for juvenile victims of trafficking and the requirement that an immediate return of a child be voluntary.

Under current law, Mexican children may be immediately removed if they are:

  1. Not severe victims of trafficking,
  2. Not asylum seekers, or
  3. If they accept voluntary departure, a procedure by which the child admits that he or she has no right to be here and leaves in lieu of formal removal proceedings.

Under the proposed H.R. 5137, all children caught at the border would be subject to expedited removal, a process under which they can be removed without a hearing before a judge if they have no credible fear of persecution (8 USC 1225(b)). This process triggers an automatic 5-year bar on legal reentry (8 USC 1182(a)(9)(A)(i)). Any child caught at the border may be detained until his asylum application is adjudicated. It extends the current arbitrary one year deadline on asylum applications for adults to children.

Unaccompanied children could be detained or released under the bill while waiting for final approval of their asylum application, but the bill redefines “unaccompanied” to mean that once a child has been released to a parent, they no longer qualify for release, which means they would head right back into detention.

Worse, H.R. 5137 raises the initial standard of review for all asylum claims for children. Rather than going before a judge simply by asserting a fear, they would actually have to convince an asylum officer that their claim was “more probable than not” to be factual in order to even to go before a judge. Raising the standard that high for an initial review would bar many legitimate asylum seekers.

Even worse, H.R. 5137 allows children apprehended at the border to be removed without any asylum screening to a “safe third party country” (i.e. Mexico) without an agreement from that country, as is required by current law. If H.R. 5137 becomes law, the U.S. government would immediately start dumping Honduran, El Salvadoran, and Guatemalan children into Mexico.

The crisis along the Southwest border has prompted many Americans to want all unlawful immigrants and children removed. But this bill goes far beyond that desire. H.R. 5137 would remove many foreigners who have legal rights under our current immigration laws. H.R. 5137 would be a disastrous blow to America’s asylum system and send numerous children with legitimate asylum claims back into danger.

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