Tag: immigration

Will Republicans Come to Grips With Immigration?

Today POLITICO Arena asks:

Given President Obama’s speech today in El Paso, Texas, is immigration a winning issue for Democrats?

My response:

Immigration will be a winning issue for Democrats only if Republicans allow it, which they’re quite capable of doing. Where’s the anti-immigrant part of the Republican base going to go — to the Democrats? Hardly. With so much else at stake, will they sit out the 2012 elections, over this one issue? Please.

If Republicans play it right, this can be a winner. No one seriously believes that the estimated 10 to 12 million illegal immigrants in the country, most working, can or should be sent back to their countries of origin. So the main issues are paving the way to legalization, better securing the borders, and providing for a rational guest worker program. If Republicans got behind a package like that, immigration would cease to be a Democratic issue. This isn’t rocket science.

Arizona Immigration Decision Underlines Need for Fundamental Reform

The legal battle over SB 1070 is far from over, so neither side should cheer or despair. The upshot of the Ninth Circuit’s splintered and highly technical opinion is merely that the district court did not abuse its discretion in enjoining four provisions. The court could not and did not rule on the legislation’s ultimate constitutionality and, of course, SB 1070’s remaining provisions—the ten that weren’t challenged and the two on which Judge Bolton rejected the government’s argument—remain in effect.

But the legal machinations are only half the story. While I personally think that all or almost all of the Arizona law is constitutional, at least as written (abuses in application are always possible), it’s bad policy because it harms the state’s economy and misallocates law enforcement resources. But I also understand the frustration of many state governments, whose citizens are demanding relief from a broken immigration system that Congress has repeatedly failed to fix. Whether it’s stronger enforcement (Arizona) or liberalizing work permits (Utah), states should not be forced into the position of having to enact their own piecemeal immigration solutions while living within a system where the regulation of immigration is a federal responsibility. Congress has dropped the ball in not passing comprehensive immigration reform, despite facing a system that doesn’t work for anyone: not big business or small business, not rich Americans or poor ones, not skilled would-be immigrants or unskilled.

The federalism our Constitution establishes sometimes demands that the federal government act on certain issues. This is such a time and immigration is such an issue.

Allow More Latin American Students into the U.S.

As expected, President Obama’s speech on Latin America, given on Monday in Santiago, Chile, was full of rhetoric but short of substance. He briefly mentioned the willingness of his administration to “move forward” with the pending free trade agreements with Colombia and Panama, but didn’t say when he’s submitting them for a vote in Congress. He recognized (again) that drug consumption in the U.S. is fueling drug violence in Mexico and Central America, but stayed away from saying how his more-of-the-same policies will change anything.

Obama’s only tangible pledge was the announcement that his administration will work to increase the number of Latin American students in the U.S. to 100,000. This is laudable, but still unambitious. According to the Institute of International Education (IIE), last year there were already over 65,000 Latin Americans studying in this country. This poorly compares to other regions and countries. For example, South Korea alone has over 72,000 students in the U.S. Increasing the number of Latin Americans studying here to 100,000 would still leave the region behind China (127,628) and India (104,897). These countries each may have populations greater than that of Latin America, but, as President Obama said yesterday, Latin America and the U.S. share a common history, heritage and values. One would thus expect that the U.S. would be especially open to students from the region.

Of course, the number of Latin Americans studying here doesn’t depend exclusively on the United States. It depends mostly on the ability of people in the region to afford pursuing a degree in a U.S. college or university. However, it’s telling that, despite Latin America’s growing incomes, fewer people from the region come to the United States to study than a decade ago. The IIE shows that in the school year 2001/02 there were over 68,000 Latin Americans studying in the U.S. After 9/11, new visa requirements had a negative impact on the ability of Latino students to come to the United States.

President Obama should be commended for looking at an area where the U.S. can help Latin America. Still, the U.S. should be more welcoming to students from south of the border. The region is at an important stage in its road towards economic development, and having more U.S. educated Latin Americans can have a significant impact on the region’s fortunes. Just ask Chile’s Chicago Boys, for example.

Wednesday Links

Will Americans Line Up to Fill Jobs Now Held by Illegal Workers?

Do illegal immigrants take jobs away from Americans? With unemployment still at 9 percent, that’s a question Republicans were asking at a hearing Tuesday before the House Judiciary subcommittee on immigration policy and enforcement.

Committee Chairman Lamar Smith (R-TX) certainly thinks so. In a statement at the hearing, he noted that there are still 7 million illegal immigrant workers in the country while the unemployment rate among legal Hispanic workers is 12 percent and among blacks 16 percent. “These jobs [held by illegal workers] should go to legal workers, many of them minorities,” Smith said.

The math sounds simple, but it is not the way our economy works. In testimony before the same subcommittee in January on a related topic, I tried to explain to the members that

It may produce a good sound bite but it is misleading to assert that every low-skilled immigrant we can round up and deport will mean a job for an unemployed American. The real world economy doesn’t work that way. Low-skilled immigrants, whether legal or illegal, do not compete directly with the large majority of American workers. American companies hire immigrant workers to fill millions of low-skilled jobs because there are simply not enough American workers willing to fill those same jobs. The pay and working conditions for many of these jobs do not match the qualifications and aspirations of the large majority of Americans currently looking for employment in our recovering economy.

I go on to explain why there is no negative connection between immigration and levels of employment among native-born American workers, including black Americans. In fact, immigration creates employment opportunities for Americans.

You can read my full testimony here.

Is Birthright Citizenship Challenge “Doomed”? Let’s Hope So

Yet another front has opened in the battle over illegal immigration, this one involving birthright citizenship. According to today’s New York Times and other news outlets, Republicans at the state and federal level are gearing up to re-open the question of whether children born in the United States to parents who are here illegally should be granted automatic citizenship under the 14th Amendment to the U.S. Constitution.

James Ho makes a strong case in this morning’s Wall Street Journal that the 14th Amendment as written after the Civil War was intended to include the children of resident aliens whatever their legal status. The former solicitor general of Texas, Ho describes a series of Supreme Court decisions since then that have consistently upheld the principle that birthright citizenship applies to the children of illegal immigrants. He offers this sobering advice to those who want to retest the case in court:

Opponents of birthright citizenship say that they want nothing more than a chance to relitigate the meaning of the 14th Amendment. But if that is so, state legislation is a poor strategy.

Determining U.S. citizenship is the unique province of the federal government. It does not take a constitutional expert to appreciate that we cannot have 50 different state laws governing who is a U.S. citizen. As a result, courts may very well strike down these state laws without even invoking the 14th Amendment. The entire enterprise appears doomed to failure.

At a Cato Hill Briefing event in October, I spelled out additional reasons why the principle of birthright citizenship has served our nation well since the Civil War amendments. Attorney Margaret Stock reviews the legal and constitutional arguments underpinning birthright citizenship, while I examine the practical policy arguments for not tampering with the established interpretation. (My segment starts at the 25:11 mark.)

DREAM Act a Low-Risk, High-Return Option

In a perfect world, we wouldn’t need to consider bills such as the DREAM Act, approved by the House last evening and on tap for a vote in the Senate as early as today.

The Development, Relief and Education for Alien Minors Act would offer legal status to students who came to the United States illegally before they turned 16 and have lived here for more than five years. To gain legal status they would need to complete high school, and then two years of college or military service. Once implemented the act would legalize about 65,000 students a year.

If our immigration policy was more in line with what I’ve been advocating for years, we would not have the large population of illegal immigrants that we do today because more legal alternatives would have been available. And access to in-state tuition would not be such a big deal if our education policies more closely reflected the sound arguments of my colleagues at Cato’s Center for Educational Freedom. Alas, that is not the world we live in yet.

The DREAM Act would improve a less-than-ideal situation by legalizing a population that is primed to live the American dream, and is virtually guaranteed to bestow real blessings on our economy and society.

Critics of the DREAM Act, such as Rep. Dana Rohrbacher (R-CA), paint these kids as nothing but expensive liabilities and the act as nothing but a backdoor amnesty. Both charges are false.

Young immigrants eligible for the DREAM Act are a low-risk, high-return addition to America. Because they came here at a young age, they almost all speak English fluently and are at home in American society. The fact that they have completed high school and will be attending college makes it likely they and their descendants will pay more in taxes than they consume in government services during their lifetimes. With the U.S. birthrate hovering at the replacement level, these assimilated, immigrant students at the beginning of their careers will help the United States maintain a healthy growth rate in our workforce.

It is wrong to label the DREAM ACT “amnesty.” These kids did nothing wrong. In fact, most of them simply obeyed their parents when the family immigrated to the United States. They should not be punished for the actions of their parents.

The DREAM Act, like most other immigration-related bills, has become charged with partisanship. House Democrats voted overwhelmingly in favor of the bill last evening, Republicans lopsidedly against. Democratic leaders in Congress are certainly open to the charge that they are using the bill to attract Hispanic voters even though the chances of it passing the Senate and becoming law are, at the moment, slim. But Republicans are open to the more serious charge that they are ignoring the more optimistic and inclusive vision of our country articulated by former President Ronald Reagan.