Tag: immigration

Members of Congress Announce New State-Based Visa Bills at Cato Event

At a Cato Institute Capitol Hill Briefing today, Senate Homeland Security Committee Chairman Ron Johnson (R-WI) and Congressman Ken Buck (R-CO) announced their intention to introduce new immigration legislation that would allow states to sponsor workers, entrepreneurs, and investors. Sen. Johnson introduced his version this afternoon. In 2014, Cato wrote a policy analysis about this idea. My colleague Alex Nowrasteh and I have published blog posts and op-eds about it, and Cato’s Handbook for Policymakers urged Congress to implement such a policy.

State-sponsored visas would build much-needed flexibility and adaptability into the federal immigration system. We are pleased that members of Congress are finally taking up this innovative and important idea.

The federal government’s monopoly over legal immigration fails to address the diversity of economic needs among the states. A more decentralized visa program could head off local problems before they build into a national crisis, building flexibility into the system that exists in every other area of the market. Giving states greater control would also increase political support for immigration programs and allow Congress to reform the system without needing to agree on every issue.

Kate Steinle and San Francisco’s “Sanctuary City” Policy

The White House denounced a federal judge this week that enjoined the president’s executive order denying certain federal grants to sanctuary cities, and it raised the case of Kate Steinle to illustrate why sanctuary cities are such a problem. Almost two years ago, Steinle, a 32-year-old medical device sales rep from California, was shot and killed on a San Francisco pier. City police have charged an unauthorized immigrant named Juan Francisco Lopez-Sanchez who has confessed to killing her. Her death led Donald Trump to denounce sanctuary cities such as San Francisco and call for tougher border security and deportations. But in reality, the facts of this tragedy do not support these policies:

  • Lopez-Sanchez did not end up in San Francisco due to lax border security, and the case actually shows the opposite. In recent years, Border Patrol caught him each time he attempted to cross.
  • Lopez-Sanchez only ended up in the city because the Justice Department ignored an Immigration and Customs Enforcement (ICE) request to take custody. The department has since changed its policies.
  • ICE sent a request to the city to detain Lopez-Sanchez knowing that the city would only hold a person subject to a federal warrant. Yet ICE chose not to seek a warrant. Yet it has refused to change its policies.
  • San Francisco’s Sheriff’s Department could not legally hold Lopez-Sanchez who had no history of violence. Investigators have since shown that he was not trying to kill Steinle.
  • Lopez-Sanchez’s mental illness is the relevant cause of the tragedy, not his immigration status. Yet even after a federal judge instructed that he receive care, none was apparently provided.
  • This case is a tragic anomaly. Undocumented immigrants generally are half as likely as other people in the United States to commit these types of serious crimes.

Case highlights improving border security

Lopez-Sanchez is a Mexican national who had resided illegally in the United States on and off since at least 1991. In the early 1990s, he compiled various drug convictions in Arizona, Washington, and Oregon. Immediately following his conviction for imitation drugs in Oregon in June 1994, the federal government took custody and deported him to Mexico. A month later, he returned to Arizona and was arrested for violating his probation there. After the state released him, San Francisco arrested him for a $20 marijuana purchase charge, but he failed to appear in court, and seven months later, Washington convicted him of another felony drug charge. In April 1997, the federal government took custody and deported him again.

This period reflects the relative lack of border security in the 1990s. But after his first two deportations, he appears never again to have successfully snuck into the United States. After his deportation in 1997, Border Patrol agents apprehended and deported him in January 1998. They caught him again in February 1998 at which point he was imprisoned for felony illegal reentry until his fourth deportation in March 2003. In July 2003, Border Patrol apprehended him again, and he was imprisoned for felony reentry a second time until his fifth deportation in June 2009. Less than three months later, Border Patrol caught him a fourth time, and he was imprisoned until March 2015.

Thus, from 1997 to 2015, Lopez-Sanchez probably never crossed the U.S.-Mexico border without being caught. The case is hardly an example of the lack of border security. Indeed, he highlights the myth of border insecurity.

Border Patrol Seeking Facial Recognition Drones

During his campaign, President Trump said that he wanted drones to patrol the border 24/7. Customs and Border Protection (CBP), a Department of Homeland Security (DHS) agency, has used drones originally designed for foreign battlefields in order to conduct border surveillance, although these efforts have hardly been efficient. Federal solicitation documents reveal that DHS is looking to smaller drones with facial recognition capabilities. This ought to concern Americans who value civil liberties.

Before unpacking why plans for CBP facial recognition drones are disquieting, it’s worth outlining what kind of capabilities DHS is looking for.

The solicitation notice states the following:

This OTS [Other Transaction Solicitation] call seeks novel sUAS [small unmanned aerial system] capabilities and technologies to augment CBP and USBP [U.S. Border Patrol] mission capabilities. In particular, DHS is interested in technologies and solutions that support USBP agent activities, including enhanced overall situational awareness or support during distinct events, such as detection, tracking, interdiction, and apprehension, and search and rescue (SAR) operations. USBP agents operate day and night in diverse and extreme environments across thousands of miles of the nation’s international land borders and coastal waters. Agents must patrol remote areas, often with significantly limited mobility, visibility and communications. Additionally, agents are often required to traverse rough terrain on foot while carrying large amounts of equipment and, with limited intelligence and support, resolve encounters with unknown and potentially hostile actors. DHS seeks sUAS solutions that can augment USBP capabilities in such conditions.

Because of the “very positive/robust response” to this solicitation, DHS is closing the OTS call early, with an April 27th deadline now in place.

The solicitation lists required sensor capabilities for the drones, including, “Provides a surveillance range of 3 miles (objective),” “Able to track multiple targets persistently,” and “Identification of humans via facial recognition or other biometric at range.”

Later on, the same document notes:

the sensor technology would have facial recognition capabilities that allow it cross-reference any persons identified with relevant law enforcement databases. The data gathered via the sensors would provide information to USBP agents including the presence and extent of potential threats and support the ability of the agent to determine an appropriate response.

If you’re an American adult reading this there is a good chance that your facial image is in one of these “relevant law enforcement databases.” A 2016 report published by Georgetown Law’s Center on Privacy and Technology revealed: “One in two American adults is in a law enforcement face recognition network.” A Government Accountability Office report from last year found that the Federal Bureau of Investigation’s facial recognition system has access to more than 411 million facial images, including the driver’s license photos from sixteen states.

When considering CBP’s activities we shouldn’t only be thinking about America’s land borders. Current law allows CBP officials to stop and search vehicles within 100 miles of America’s external boundary in order to prevent illegal immigration. Roughly two-thirds of Americans live in this so-called “Constitution-free” zone. Although DHS’ solicitation mentions facial recognition drones being used as part of border patrol we should be prepared for them to make appearances at interior checkpoints as well as at ports of entry.

Wage Effects of Immigration Are Small

Immigration has small long-run relative wage impacts on American workers by education (Figure 1). These estimates are the most popular and widely cited in the immigration debate. They were completed by George Borjas and Gianmarco Ottaviano and Giovanni Peri. Their findings are very close but diverge most appreciably for the wages of dropouts, even though the effect is small and positive for all native-born workers lumped together. According to the 2015 American Community Survey, 9.4 percent of native-born Americans over the age of 25 are dropouts. Thus, over 90 percent of American workers are in education-skill categories where immigration increased relative wage, according to the most negative finding (Figure 1).

Figure 1

Relative Impact of Immigration on Native Wages by Education

 

Sources: Borjas, p. 120; Ottaviano & Peri, Table 6.

Note: Borjas looks at 1990-2010. Ottaviano and Peri look at 1990-2006.

Borjas and Ottaviano and Peri find that the wages of immigrant workers are most affected by new immigrants (Figure 2). That’s because new immigrants have skills and education levels most similar to previous immigrants, so they compete against each other more than with natives who have very different levels of skill and education. As we point out in Figure 25 of this bulletin, immigrants still support liberalized immigration despite the negative wage effects they experience. There are at least three explanations for this.

America’s Increasingly Meritocratic Immigration System

Many have started supporting a so-called merit-based immigration system since President Trump mentioned it a few months ago. A merit-based immigration system could mean just about anything but most define it as a system that admits more highly skilled and educated immigrants, as in Canada, and fewer lower-skilled and family-based immigrants as currently enter under America’s immigration system. Despite the lack of any significant legal or regulatory changes, new immigrants are becoming more highly educated immigrants over time even relative to natives.

The share of admitted immigrants who have at least a college education increased from 22 to 39 percent 1993 to 2015 (Figure 1). Over the same period, the share of admitted immigrants who are high school dropouts dropped from 37 percent to 27 percent. Virtually all of that change occurred since 2007 when illegal immigration slowed down and the number of Chinese and Indian immigrants began to grow relative to Mexicans. Although the American system does not select for education, it does not intrinsically favor the uneducated either.  

Figure 1
Share of New Immigrants by Education & Year of Admission

Court Rules the President Violated the 1965 Law with Executive Order

Last year, I put forward a statutory argument that President Trump’s proposal to ban immigrants from several majority Muslim countries was illegal because it violated a 1965 law that specifically banned discrimination against immigrants based on race, gender, nationality or place of residence or birth. On the night that the original executive order was released, I wrote an op-ed in the New York Times laying out the case again.

Now, finally, a ruling from a federal district court judge in Maryland addressed the issue, agreed with me in part, and partially stayed the executive order on this basis. This afternoon, the Trump administration appealed the ruling to the Fourth Circuit. The portion of ruling relevant to the statutory argument states:

Plaintiffs argue that by generally barring the entry of citizens of the Designated Countries, the Second Order violates Section 202(a) of the INA, codified at 8 U.S.C. 1152(a) (“1152(a)”), which provides that, with certain exceptions:

No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence.

Several House Republicans Introduce a Bill to Legalize Young Immigrants

Eleven House Republicans are pushing new legislation to provide a pathway to legal status for young immigrants who entered the United States as children—commonly known as “Dreamers.”* Congressman Carlos Curbelo (R-FL) and ten other Republican members introduced Recognizing America’s Children (RAC) Act today (PDF). The bill will benefit the United States economy and provide certainty for a group of young people who are deserving of a humane approach.

The bill would grant conditional legal permanent status to immigrants who have arrived before the age of 16, have been in the United States since January 1, 2012, have graduated high school, and have either been accepted into college or vocational school, applies to enlist in the military, or works with an existing valid work authorization. The conditional status will be cancelled if they become dependent on government, are dishonorably discharged from the military, or are unemployed for more than a year. The conditional status woudl become permanent after 5 years if they graduate from college or vocational school, are honorably discharged from the military or has served for 3 years, or have been employed for at least 48 months.