Tag: Sessions

As If We Needed It, More Evidence Emerges Showing That The Government Has Changed The Opioid Crisis Into a Fentanyl Crisis

Speaking last week at a National Opioid Summit in Washington, DC, Attorney General Jeff Sessions reported opioid prescriptions fell another 12 percent during the first eight months of 2018, saying ‘We now have the lowest opioid prescription rates in 18 years.” Some of this was no doubt the result of the chilling effect that prescription surveillance boards have had on the prescribing patterns of physicians. For example, Sessions announced the Trump administration has charged 226 doctors and 221 medical personnel with “opioid-related crimes,” and this has not gone unnoticed by health care practitioners.

Sessions also pledged to meet the goal of a 44 percent overall reduction in the production of opioids permitted by the Drug Enforcement Administration. The DEA, which sets quotas on the production of opioids by US manufacturers, began the process with a 25 percent reduction in 2016 and another 20 percent reduction in 2017. This has led to shortages of injectable opioids in many hospitals, affecting the delivery and quality of care.

Meanwhile, the DEA reported in a Joint Intelligence Report that overdoses in Pennsylvania continued to rise, with 5,456 fatal overdoses in 2017, a 65 percent increase over 2015. Only 20 percent of those overdoses involved prescription opioids, with most deaths involving multiple drugs in combination—usually fentanyl, heroin and cocaine, as well as counterfeit prescription opioids (usually made of illicit fentanyl and heroin pressed into pills). The report stated heroin and fentanyl were found in 97 percent of Pennsylvania’s counties.

Prescription opioids were also responsible for just 20 percent of the fatal overdoses in Massachusetts in 2015, where researchers at Boston University reported last week in the American Journal of Public Health that Opioid Use Disorder among people over age 11 grew to 4.6 percent of the population that year. 

The Massachusetts Department of Public Health reports a modest tapering in the fatal overdose rate, from 2,154 in 2016 to 2,069 in 2017, and estimates up to 1,053 have occurred in the first 6 months of 2018. During the first quarter of 2018, 90 percent of those deaths involved fentanyl, 43 percent involved cocaine, 34 percent involved heroin, and 20 percent involved prescription opioids. Fentanyl is responsible for sustaining the death rate in Massachusetts at near-record levels.

What jumps out of these numbers is the fact that efforts to get doctors to curtail their treatment of pain have not meaningfully reduced the overdose rate. They have just caused non-medical users of opioids to migrate over to more dangerous heroin and fentanyl. Fentanyl and heroin—not prescription opioids—are now the principal drugs behind the gruesome mortality statistics. 

Addressing the overdose crisis by focusing on doctors treating patients aims at the wrong target. And patients are suffering—often desperately— in the process. The cause has been drug prohibition from the get-go. If policymakers can’t muster the courage to admit and address that fact, then they should at least put the lion’s share of reform efforts into mitigating the harmful unintended consequences of prohibition. I wrote about this here.

Senate Appropriations Committee Report Criticizes Barriers to Marijuana Research

Last week, the Senate Appropriations Committee filed a report along with the appropriations bill for the Departments of Labor, Health and Human Services, and Education. The report mostly consists of broad policy recommendations and guidance for how to spend the appropriated money. On page 108 of the 273 page report, however, is a discussion of “barriers to research,” specifically, how the “Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs.”

While the report is not law, it signals a welcome change in attitude. For decades, marijuana’s Schedule 1 status has made it very difficult for researchers and scientists to investigate the plant’s medicinal and harmful properties. In order to research marijuana legally for clinical purposes, even if you’re in Colorado and could just purchase some, you must first get a license from the DEA, then get approval from the FDA, and finally get access to the one federally authorized marijuana supply, which is grown at the University of Mississippi and run by the National Institute on Drug Abuse (NIDA). On top of that, the federally sourced marijuana is often moldy and of unpredictable quality. And then there’s funding, which has often not been forthcoming to those trying to research the possible beneficial uses of cannabis.

Taken together, all of those steps make researching marijuana more difficult than researching almost any other drug on the planet, including other Schedule 1 substances such as heroin and LSD. As the Appropriations Committee report says, “At a time when we need as much information as possible about these drugs, we should be lowering regulatory and other barriers to conducting this research.” The report thus directs NIDA to “provide a short report on the barriers to research that result from the classification of drugs and compounds as Schedule 1 substances.”

The report comes at a time when Attorney General Jeff Sessions is blocking an Obama administration attempt to make marijuana more easily available to researchers. In August 2016, the DEA began accepting applications to become an authorized marijuana supplier. Twenty-six applications were submitted but, after the administration changed over, Attorney General Sessions stalled the approval process. In response, Senators Orrin Hatch (R-UT) and Kamala Harris (D-CA) sent a letter to Sessions asking him to stop blocking research. Hatch has also introduced the MEDS Act, which is a more permanent legislative fix to the problems around marijuana research.

Federal marijuana prohibition, at least as a Schedule 1 drug, is on its last legs. Nine states and the District of Columbia have legalized recreational cannabis and 30 states have legalized medical marijuana. No one is putting that genie back in the bottle. Federal law is so antiquated, in fact, that it makes no distinction between medical and recreational use. Schedule 1 drugs have no accepted medical uses, and the difficulty of carrying out medical research is one reason marijuana still has that status. The Senate Appropriations report is just another step toward the inevitable revision of federal marijuana laws.

Jeff Sessions Pulls Back on Bullying Sanctuary Cities

Throughout his presidential campaign Donald Trump pledged to defund so-called “Sanctuary Cities.” Since his election the president and his administration have had to backpedal on this commitment thanks to serious constitutional issues with such a proposal. Recent news that Attorney General Jeff Sessions has narrowed the category of funds that can be withheld from sanctuary cities as well as the definition of sanctuary jurisdictions is good news for constitutionalists and federalists who oppose the federal government bullying cities and states.

Before unpacking Sessions’ recent memo it’s worth taking a look at the Trump administration’s actions against “Sanctuary Cities,” a term that has no legal meaning but is usually used to describe cities and localities where local officials have decided not to assist with federal immigration enforcement.

On January 25, President Trump signed Executive Order 13768: Enhancing Public Safety in the Interior of the United States. Section 9 of this executive order is the “sanctuary” section and reads, in part (emphasis mine):

Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373.

(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.

There is a good argument that 8 U.S.C. 1373 is unconstitutional. 8 U.S.C. 1373 is a prohibition on a prohibition, banning local governments from preventing police departments from sending or receiving immigration status information to or from federal immigration authorities. This law potentially runs afoul of the 10th Amendment’s “anti-commandeering” doctrine, which bans the federal government from compelling local officials into enforcing federal law.

CIS’ All Job Growth Since 2000 Went to Immigrants’ Report Is Flawed

The Center for Immigration Studies (CIS) has released a number of reports purporting to show that all employment growth since the year 2000 has gone to immigrants. The CIS report does not include econometrics. However, the report includes a few references to the economic literature (those few references present have little to do with native job displacement caused by immigration, which is the topic of the CIS report). Nonetheless, the CIS report has gained significant attention.

The CIS method of measuring job displacement caused by immigration is not used by professional economists to study this issue. Fundamentally, CIS assumes a static number of jobs that is unchanging based on immigration and does not consider what the job market would look like with fewer immigrant workers, entrepreneurs, and consumers—estimates essential for understanding the actual labor market impact of immigrants.  I discuss those actual effects here, here, and here

Regardless of their flawed methods, I decided to recreate CIS’s research in order to exactly understand how they got their results.

The study did not find any evidence of immigrants pushing natives out of the job market. After spending hours recreating their data and checking it, all I can conclude is that immigrants hold about a percentage of jobs in the economy that is roughly equal to their percent of the population. I am underwhelmed by that finding. 

Below I will present the academic literature on immigration-induced job displacement, explain how CIS got its results, and detail why its analysis of the data does not prove that “All Job Growth Since 2000 Went to Immigrants.” (If you just want the meat, scroll down to the hed “CIS’s Three Big Conclusions Are False”).

Obama’s Deportation Numbers: Border and Interior Immigration Enforcement Are Substitutes, Not Complements

It’s become clear over the last few months that something very funny is going on with immigration enforcement statistics (here, here, and here).  The data generally show that interior enforcement, what most people commonly think of as “deportations” (but also includes I-9, Secure Communities, and E-Verify), has declined as a percentage of total removals.  Many of the removals appear to be unlawful immigrants apprehended by Customs and Border Protection (CBP) and then turned over to Immigration and Customs Enforcement (ICE) for removal – a trend that began in 2012 and accelerated in 2013.  That transfer makes it appear as if there was more internal enforcement than there really was.  The administration is therefore deporting an increasing number of recent border crossers and a decreasing number of unlawful immigrants apprehended in the interior. 

It appears, then, that President Obama’s reputation for severe interior enforcement was earned for 2009, 2010, and 2011 but is somewhat unjustified in 2012 and 2013.  The Bipartisan Policy Center has an excellent report on the enormous court backlogs and other issues that have arisen due to interior immigration enforcement.  I’m waiting for additional information from a FOIA request before wading into the data surrounding the interior versus border removals controversy because we do not have data on internal enforcement numbers prior to 2008.    

Interior enforcement is only part of the government’s immigration enforcement strategy and must also be looked at as a component of broader immigration enforcement that includes border enforcement.

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 

Cato FOIA Request Reveals E-Verify Delays Hurt Workers

Proponents of E-Verify, the Internet-based system to verify that a person is eligible to work in the United States, often tout its supposed speed and reliability. A recent Freedom of Information Act (FOIA) request from Cato has shed some light on how long it takes for the government to resolve contested tentative non-confirmations (TNC). The data should temper some enthusiasm for the system.

Our FOIA revealed that in 2012, the most recent year for which data are available, there were 68,775 contested TNCs through E-Verify. A TNC is an initial E-Verify determination that a worker is unlawful. Of those, 21,007 were handled by the Social Security Administration, with an average turnaround of 3.42 business days after the TNC was contested.  

The Department of Homeland Security handled the other 47,768 contested TNCs, with an average turnaround of 6.01 business days. SSA deals with a lower volume of cases and deals with them in almost half the time that it takes DHS.

The information received as part of the FOIA included further breakdowns of resolution time: