Tag: immigration

Why Does the Government Care Where Immigrant Workers Were Born?

If you want to understand how flawed America’s immigration system is, consider this: the government treats immigrants differently based on their place of birth. The system considers immigrants’ education, use of welfare, criminal history, employment, family connections, and other personal details, but where you were born can make the difference between receiving legal residency immediately and waiting decades. This discrimination makes as little sense as discriminating based on race, gender, or any other attribute over which the individual has no control, and it should be abolished.

Fortunately, Rep. Jason Chaffetz (R-UT), chairman of the House Oversight and Government Reform Committee, has reintroduced the Fairness for High Skilled Immigrants Act (H.R. 392) to abolish this discrimination for all employment-based immigrants.

Here is how the discrimination works. Rather than waiting in one big line together in the order that their applications were received, immigrants wait in separate lines based on their nationality—a line for Mexicans, a line for Swiss, a line for Canadians, etc. Each line has the same limit on the number of visas issued in any given year: no more than 7 percent of all visas issued that year. These are called the “per-country limits.” For example, there are 40,000 visas made available to immigrant workers (and their families) with a bachelor’s degree. No country can receive more than 2,800 of them.

This means that the line for the Estonians and the line for the Chinese each get the exact same number of visas—despite the fact that Estonia has just 1.3 million people and China has 1.3 billion. The U.S. government used to discriminate against the Chinese in favor of Europeans because it disliked the Chinese and liked Europeans. Now it discriminates against them—as well as Indians, Filipinos, Mexicans, etc.—because they were unfortunate enough to have been born in a much more populous country.

The Economic and Fiscal Impact of Repealing DACA

Executive Summary

Donald Trump has proposed eliminating or severely modifying the Deferred Action for Childhood Arrivals (DACA) program. Many Americans believe that the presence of unauthorized immigrants is harmful to the economy and would like to see steps taken to reduce their presence. However, a repeal or roll-back of DACA would harm the economy and cost the U.S. government a significant amount of lost tax revenue. We estimate that the fiscal cost of immediately deporting the approximately 750,000 people currently in the DACA program would be over $60 billion to the federal government along with a $280 billion reduction in economic growth over the next decade.

We arrived at our estimates by comparing and adjusting the characteristics of DACA recipients to similarly well-educated immigrants admitted through the H-1B visa program, a cohort that not only resembles the population of DACA recipients but whose own economic impact has been well-studied. We use the estimated budgetary and economic impact of H-1B visa workers and adjust it to reflect the age and earnings differences between the two groups to calculate our figures.

Background

President Obama created the DACA program in 2012 via executive action. DACA’s objective was to allow American residents who entered the country illegally as children to receive temporary protection from deportation, work permits, and an incentive to invest in their own human capital. The program only applies to those who have lived in the United States for five years or longer and do not have a criminal record. Essentially, these are people who never knowingly broke any law and have been productive and peaceful members of society since their arrival. The logic of the Obama Administration in creating DACA is that it makes little sense to expend time and resources trying to track down, arrest, and deport these people when they have not committed any crime save for being unwittingly brought across the border by others.

There is much legitimate debate in the United States over the role that immigration—both legal and illegal—plays in the economy, and what should be done about border security. Inseparable from this problem is the question of what to do with the undocumented immigrants already in the country, a sizeable population that is estimated to number 11 to 12 million.[1]

President-Elect Donald Trump has taken an absolutist position on the issue, vowing not only to build a wall with the intent of greatly reducing illegal entry from the Mexican border, but also to unilaterally nullify President Obama’s executive actions dealing with immigration, including the action which spawned DACA.

As with any sudden and dramatic shift in any policy, there are bound to be costs associated with implementation, as well as after-effects of the policy, not all of which are immediately intuitive. It is the goal of this paper to examine the costs that the wholesale repeal of DACA would impose on the American economy, both in terms of enforcement as well as the sudden loss of a large number of residents and their contributions to the domestic economy.

Rebuttal of Senator Tom Cotton’s Anti-Legal-Immigration Op-ed

Senator Tom Cotton (R-AR) recently penned an op-ed for the New York Times in which he calls for a large reduction in legal immigration, something he believes will raise American wages. It’s nice when immigration restrictionists are honest about their intention to cut legal immigration, but Senator Cotton would be disappointed if his policy ever came to fruition. Senator Cotton does make some cursory arguments for expanding high-skilled immigration—a positive policy—but I will focus here on his argument to restrict it. I will respond to a few of Senator Cotton’s comments below. His will be in block quotes while my responses will follow. 

Higher wages, better benefits and more security for American workers are features, not bugs, of sound immigration reform. For too long, our immigration policy has skewed toward the interests of the wealthy and powerful: Employers get cheaper labor, and professionals get cheaper personal services like housekeeping. We now need an immigration policy that focuses less on the most powerful and more on everyone else.

Senator Cotton argues that skilled native workers are complementary to low-skilled immigrants, meaning that the former’s wages rise rather than fall when more of the latter arrive. This is because low-skilled immigrants and higher skilled workers don’t compete for the same jobs but instead work together, expanding productivity and compensation for both parties. These complementarities do exist, but there is also much evidence that lower-skilled American workers are actually complementary with low-skilled immigrants. Economists Gianmarco Ottaviano and Giovanni Peri found that immigration had a small positive relative effect on the wages of native workers with no high school degree (between +0.6 percent and +1.7 percent) and a small positive effect on average native wages (+0.6%) from 1990 to 2006. Immigrants are complementary to native workers but substitutable for other immigrants who experienced a substantial relative negative effect (−6.7 percent) from immigration. It should not be surprising that new immigrants compete with older immigrants who both share similar skills while native-born American workers benefit overall.

How DACA Will End: A Timeline of Expiration

Donald Trump has said he wants to cancel President Obama’s Deferred Action for Childhood Arrivals (DACA) program and has implied he would do it on his first day in office. DACA allows young immigrants—known as Dreamers—who were brought to the U.S. illegally as children to live and work here temporarily

Trump recently softened his tone, saying he would try to “work something out” with Dreamers. But DACA probably won’t disappear overnight when Trump assumes office on January 20th in any case. Rather, it will slowly wind down as the immigrants’ temporary work permits expire. Here’s why and how that will happen.

How DACA operates

There are essentially three parts of DACA, which are detailed in a Department of Homeland Security (DHS) memorandum from Secretary Janet Napolitano. The first part is the deprioritization of removal of non-criminal unauthorized immigrants. Currently, the department relies on detailed priorities when deciding whether to remove a specific person. The DACA memo tells DHS agents to prevent Dreamers that they encounter “from being placed into removal proceedings or removed from the United States.”

The second part of DACA essentially formalizes that decision not remove them. DACA recipients apply for and are issued a Notice of Action I-797 form (below) stating that removal action against them has been “deferred” for two years. Their information is entered into a database, and if it is checked against immigration databases, they are shown as lawfully present in the United States during that time. More than 800,000 young immigrants have enrolled in DACA and received such a letter.

Figure 1: DACA Form I-797 Notice of Action

Source: Imgur

Finally, this receipt of deferred action authorizes the immigrants to request an employment authorization document (EAD) similar to the one below, which is also valid for two years. Under current law, any person in the United States—legally or illegally—can legally seek employment, but it is illegal for an employer to employ a noncitizen who is not authorized to work. Thus, an EAD is really about authorizing employers to make a hire, not about authorizing the DACA recipient to seek a job.*

Trump’s Ban on Immigration from Certain Countries Is Illegal

Angelo A. Paparelli contributed to this post. 

This week last year, Donald Trump proposed prohibiting all Muslim immigration to the United States. He altered the proposal this year to specify “suspending immigration from nations tied to Islamic terror.” He told CNN that this was actually intended as an expansion of the Muslim ban. Last week, he said, “People are pouring in from regions of the Middle East,” but that he would “stop that dead, cold flat.” He has also made clear that this would be one of the actions that he takes as president during his first day in office. This promise implies that he has the power to do so under current law, but that is not the case. It is illegal to discriminate against immigrants based on their national origin.  

Even while delegating to the president broad powers to exclude immigrants, Congress also expressly forbade banning immigrants based on their race or national origin. President Trump will almost certainly run into legal difficulties if he attempts to carry out his promise.

Text of the law bans discrimination based on national origin

At first blush, it would seem that the president can ban people based on their nationality or country of residence. The Supreme Court has granted Congress extensive leeway under the plenary power doctrine to limit immigration based on criteria—such as race or national origin—that would be considered unconstitutional in other contexts, and proponents of Trump’s plan claim that Congress authorized such bans by pointing to a provision of section 212(f) of the Immigration and Nationality Act (INA), the law that controls most U.S. immigration policies:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

This seems to hand unequivocal authority to the executive branch to determine who it may admit to the United States. However, another section of the law clearly bans discrimination against certain classes. Section 202(a)(1)(A) of the INA states that except in cases specified by Congress in section 101(a)(27):

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

While section 212 grants the president a general power to exclude certain immigrants, section 202 limits this power. Note that this section does not prevent discrimination based on religious affiliation, political belief, or ideology, but Trump’s new policy would run afoul of at least one if not all three of those last three restrictions—nationality, place of birth, or place of residence—depending on how it was applied. “Place” of birth is actually a broader restriction than nationality, meaning that even if Trump’s ban applied to subnational or regional levels, it would still be illegal.

Section 202 does not protect all types of people who wish to come here from discrimination based on national origin. It is limited only to immigrants or so-called green card holders. Legally, immigrants are foreigners who enter on visas granting legal permanent residency in the United States as well as noncitizens whom the U.S. Citizenship and Immigration Services has adjusted their status to that of a permanent resident. The most common types of immigrants are immediate relatives of U.S. citizens—parents, spouses, and their minor children—who have no numerical limit. Other types include employees sponsored by U.S. businesses, adult children of U.S. citizens, their siblings, and immediate relatives of legal permanent residents. Refugees and asylees who have already entered the United States and held status for a year are eligible for immigrant visas, making discrimination against them at that stage also illegal.

Refugees outside of the United States, however, could still be excluded based on nationality before they enter as they do not enter on an immigrant visa. Obviously all nonimmigrants—guest workers, tourists, and other temporary visitors—could conceivably be subject to this discriminatory policy. It could also apply to those who are claiming asylum in the United States, but at the same time, the law prohibits deporting people who face a likelihood of persecution in their home country, which could leave such people in limbo.

More Proof Hispanics Aren’t “Socialists”

Whenever I write about Hispanic immigration to the United States, I am greeted with some variation of the “they’re all socialists” line. These commenters typically point to the fact that a majority of Hispanics vote for Democrats. Yet as Alex Nowrasteh has written, the Republican Party’s antagonism toward Hispanics plays an important role in that outcome. The reality is that Hispanics disproportionately backed the libertarian presidential candidate this election and, as I have described before, are America’s most libertarian major ethnic group on a variety of specific issues. Now, thanks to Donald Trump’s recent actions, we have more evidence for this fact.

The Economist magazine teamed up with the survey outfit YouGov to ask Americans how they felt about trade, tariffs, subsidies, and free markets following President-elect Trump’s recent decision to intervene to prevent Carrier from relocating production to Mexico. Support for the deal should be a telling indicator of a person’s views on capitalism, as it clearly shows contempt for the market system and free trade. As Vice President-elect Mike Pence told The New York Times, he supported the deal because “the free market has been sorting it out and America’s been losing.”

The first question in the poll on the issue asked respondents whether they agreed with Pence’s statement, but did not reveal its origin to avoid allowing partisanship to impact the responses. Figure 1 provides the breakdown of the responses by ethnicity. As it shows, Hispanics were the least likely to agree with Pence’s statement—a full twenty percentage points less likely. In case you think that this result might still be pure partisanship, barely half of Hispanics had even heard anything about the Carrier deal, let alone the Pence remark.

A Wall Is an Impractical, Expensive, and Ineffective Border Plan

Donald Trump is not backing away from his plan to build a wall along the U.S.-Mexico border. Here’s what you need to know about the proposal.

Public Support for a Fence or Wall

In 2013, 57 percent of likely voters told Rasmussen that they think that “the United States should continue building a border fence along the Mexican border.” In 2015, that number fell to 51 percent when asked about a “wall along the Mexican border.” CBS News asked the same question of registered voters in 2016 and found only 39 percent agreed with “a wall along the Mexican border.” Unfortunately, those surveys failed to specify the length of the fence or wall. Only 36 percent of registered voters told Pew in 2016 that they wanted to see a wall “along the entire border with Mexico.” In November, 54 percent of voters in the national exit poll also opposed to that proposal. In May, Arizona’s Cronkite News, Univision, and Dallas Morning News found that 72 percent of U.S. residents living in border cities opposed a wall.

The Wall Trump Has Proposed

When Trump announced he was launching his campaign for president in June 2015, he said that he would build a “great, great wall on our southern border.” The U.S-Mexico border is almost 2,000 miles, but he later clarified that the wall would only cover 1,000 miles due to “natural barriers.” As for the height, he has given estimates from as low as 30 feet to as high as 50 feet. His most common estimate appears to be 35 feet, and he said as recently as August that the wall would be between 35 and 45 feet high. Below is a Washington Post visualization of the size of a 35-foot wall.

Image 1: Size of Proposed Trump Wall

Source: Washington Post