immigration reform

Executive Action on Immigration

President Obama will likely take some executive action this fall to reduce deportations or legalize some unauthorized immigrants. He recently ordered Jeh Johnson, Secretary of Homeland Security, to delay the release of a review of current deportation policy until after the summer. 

Guest Worker Visas Can Halt Illegal Immigration

There is a trade off between the number of lower skilled guest worker visas and the number of unauthorized immigrants.  More lower skilled guest workers means fewer unauthorized immigrants.  Fewer guest workers mean more unauthorized immigrants.  We just have to look back to the Bracero program to see this relationship.   

Removing the 3/10 Year Bars Is Not Amnesty

It’s no secret that the Senate’s proposed legalization for some unauthorized immigrants was a deal breaker in 2013. Detractors labelled such a legalization “amnesty” even though it is anything but that – and that label has stuck. That, at minimum, some unauthorized immigrants become legalized is economically and ethically imperative, so it’s time to consider less-than-comprehensive, keyhole solutions that will fix at least some of the problems with our immigration system.

One such solution, which even many of those opposed to immigration reform have endorsed, is a small legislative reform to the 3/10 year bars that will allow some unauthorized immigrants to depart and apply for reentry under the legal system without special treatment. This reform would avoid the so-called amnesty objection to immigration reform.

 

Removing the Bars

The 3/10 year bars require any immigrant who stays in the United States illegally for more than six months but less than one year may not leave, reenter, or apply for a green card for three years. Any immigrant who illegally stays for more than a year may not leave, reenter, or apply for a green card for 10 years. Any immigrant who violates it triggers a twenty-year ban from reentering the United States for any reason. That’s a problem because almost all applicants for a green card or visa have to visit a U.S. embassy or consulate abroad to apply which, in the case of unauthorized immigrants, requires them to leave the Untied States thus triggering the bars. The 3/10 year bars prevent any unauthorized immigrant from using the legal immigration system. 

Family Members Use Most Employment-Based Green Cards

Many critics of American immigration policy claim there is too much emphasis on family reunification and not enough on employment. It’s not a problem that families can reunify in the United States, but those critics are right that the American immigration system highly favors families – even in the employment-based green card category set-aside for workers.

The underlying issue is that the families of immigrant workers must use employment-based green cards. Instead of a separate green card category for spouses and children, they get a green card that would otherwise go to a worker. In 2012, 56 percent of all supposed employment-based green cards went to the family members of workers. The other 44 percent went to the actual workers. Some of those family members are workers, but they should have a separate green card category or be exempted from the employment green card quota of approximately 140,000 a year. If family members were exempted from the quota, or there was a separate green card for them, an additional 81,245 highly skilled immigrant workers could have entered in 2012 without increasing the quota.

In addition, 87.5 percent of those who gained an employment-based green card in 2012 were already legally living in the United States. They were able to adjust their immigration status from another type of visa, like an H-1B or F visa, to an employment-based green card. Exempting some or all of the adjustments of status from the green card cap would almost double the number of highly skilled workers who could enter.

Here are some other exemption options:

  • A certain number of workers who adjust their status could be exempted in the way the H-1B visa exempts 20,000 graduates of American universities from the cap.
  • Workers could be exempted from the cap if they have a higher level of education, like a graduate degree or a PhD.
  • Workers could be exempted if they show five or more years of legal employment in the United States.
  • Workers could be exempted based on the occupation they intend to enter. This is a problem because in involves the government choosing which occupations are deserving, but so long as it leads to a general increase in the potential numbers of skilled immigrant workers without decreasing them elsewhere, the benefits will outweigh the harms.

Laura Ingraham’s Poor Response to George Will on Immigration

Radio talk show host Laura Ingraham recently penned a criticism of an excellent column written by George Will about immigration.  Although George Will is more than capable of defending himself, I thought I should step in and push back against many of Ingraham’s points.

The first two arguments made by Ingraham respond to practical political concerns – the midterm elections in 2014:

Will claims that the GOP should not focus its arguments in 2014 solely on Obamacare. I agree, and so do other conservative opponents of immigration reform. But that hardly proves that we will benefit politically from giving in to the president on his top priority and yielding a huge political victory to the Democrats that will boost their morale and devastate many people in our base.

Will maintains that if the GOP enforces unanimity on major issues, it will not grow. GOP supporters of reform are not being silenced or pushed out of the party. And, again, I don’t see the political benefits of siding with the president and House Minority Leader Nancy Pelosi (D-Calif.) against the conservative base on such a vital issue. The easiest way for the GOP to do very poorly in 2014 would be for its base to stay home, and that is more likely to happen if conservative voters watch the GOP cooperate with the president on immigration.”

Many Republicans are looking at polling data, months in advance, and counting their electoral chickens before they hatch.  The train wreck of Obamacare will likely help Republicans in the 2014 elections.  I’m not a political strategist so I won’t comment on Ingraham’s or Will’s arguments about that.  Ingraham, however, misleadingly leaves off the name of prominent conservative Republicans who support immigration reform, namely Senators Marco Rubio (R-FL) and Jeff Flake (R-AZ).  It is true that President Obama and Rep. Nancy Pelosi (D-CA) support immigration reform, but excluding conservative backers makes the bipartisan reform effort appear entirely Democratic – which it isn’t.

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:

E-Verify Can Now “Lock” Social Security Numbers

Immigration reform is taking its time in Congress but the executive branch agencies charged with enforcing immigration laws have not been idle. Rather, they’ve been implementing bits and pieces of the reform package on their own – but not any of the good ones. 

Last month, the U.S. Citizenship and Immigration Services (USCIS) announced that it will “lock” a Social Security number when E-Verify or USCIS employees, based on new algorithms, believe the number is fraudulent or used fraudulently. The number is locked and a tentative non-confirmation (TNC) is issued to the applicant or applicants using the contested number – preventing any further E-Verify confirmations until the fraudulent user proves he or she is the lawful holder.

Although my colleagues and I have written extensively about the E-Verify system and its threat to liberties and economic growth, locking adds a newer negative dimension.   

“Locking” was proposed as part of the summer’s comprehensive immigration reform bill that was passed by the Senate and in the House’s Legal Workforce Act. Locking was a bad idea in those bills and remains a bad idea today when implemented by regulatory fiat.

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