Mexico

H-2 Visas Reduced Mexican Illegal Immigration

Government data for the month of June show a substantial decrease in the number of immigrants apprehended along the Southwest border.  Much of this decline is probably due to extra Mexican immigration enforcement prompted by President Trump’s threat of imposing tariffs on Mexican imports if they don’t reduce the surge of Central Americans from the Northern Triangle.

Emergency Exit Strategy

His brand is crisis, so it can be hard to keep abreast of the various calamities President Trump stumbles into or deliberately courts. Now that tensions with Iran seem to have momentarily cooled, another recent episode of Trumpian brinksmanship, closer to home, deserves some attention before we lurch forward into new dangers. 

As you’ve surely heard, but may have already forgotten amid the fog of near-war, three weeks ago, President Trump threatened to declare yet another national emergency at the southern border. If Mexico didn’t sufficiently crack down on cross-border migration, Trump warned, he’d use “the authorities granted to me by the International Emergency Economic Powers Act” to hammer our third largest trading partner—and U.S. consumers—with a series of escalating tariffs on Mexican goods, rising to 25 percent across the board. 

Fortunately, on June 7, three days before the deadline he’d set, President Trump called off the trade war. But, Trump warned, he “can always go back” to raising tariffs if he’s not happy.

The notion that the president can, with the stroke of a pen, upend peaceful trade relations and implement a massive tax hike ought to sound the alarm about Trump’s expansive view of presidential emergency powers. Are they as vast as the president claims, and, if so, what can Congress do to rein them in? 

As I argued in Reason magazine recently, our latest Imperial President has aggressively exploited the powers he inherited, but hasn’t been much of an innovator in terms of devising genuinely new schemes for the expansion of executive power. Trump’s use of emergency authorities is the glaring exception to that pattern, the key area in which the “CEO president” has been menacingly entrepreneurial.

We saw this first in February, when President Trump declared a national emergency in order to “build the wall” on the U.S.-Mexico border. The statute Trump invoked, 10 USC § 2808, allows the president to divert funds to “military construction projects” supporting the use of U.S. armed forces in a military emergency. It had been used only twice before, by George H.W. Bush in the run-up to the Gulf War, and by his son in the aftermath of the 9/11 attacks—the sort of circumstances it was clearly designed to address. Though past presidents had used emergency powers liberally, before Trump, it apparently hadn’t occurred to anyone that you could use them to snatch funding for a pet project that Congress had repeatedly refused to support. 

45,000 “Special Interest Aliens” Caught Since 2007, But No U.S. Terrorist Attacks from Illegal Border Crossers

President Trump claimed last week that “people are pouring into our country, including terrorists.” This came after his unsubstantiated claim that Middle Easterners are traveling in the caravan. Center for Immigration Studies (CIS) fellow Todd Bensman has repeatedly defended these types of claims by equating immigrants from “countries of interest” with “terrorists.” This conflation is common and rarely challenged as Homeland Security officials and members of Congress frequently describe immigrants from these countries as a terrorist threat. Despite Border Patrol apprehending tens of thousands of foreign nationals from these countries of interest and many thousands more who have undoubtedly entered illegally, not a single person has been killed by a terrorist who entered as an illegal border crosser from any of the countries of interest.

Special Interest Alien Apprehensions

The terminology used to describe these immigrants varies considerably between sources. In 2011, the Department of Homeland Security (DHS) Inspector General defined the term “specially designated countries” to mean countries “that have shown a tendency to promote, produce, or protect terrorist organizations or their members.” Border Patrol Chief David Aguilar described “Special interest countries” as “basically countries designated by our intelligence community as countries that could export individuals that could bring harm to our country in the way of terrorism.”

These definitions could apply to nearly every country in the world, as just about every major country has “produced” or “exported” at least one terrorist. With several exceptions, the lists have consisted primarily of countries with large Muslim populations. The designated countries have changed repeatedly over the years:

In 2003, DHS released a list of 52 countries. In 2004, the list included 35 countries, two of which were new. In 2007, the list was referenced in a news article, and though the full list was not quoted, it included another country (Tanzania) that was not on either of the prior two lists. In 2018, DHS released yet another list of countries where CBP “had Enforcement Actions against aliens from the following ‘Special Interest Aliens’ countries for FY18.” This partial list included yet five more countries that were not on the prior lists. Altogether, these lists have contained 63 countries. Only 14 have shown up on all the lists.

From 2007 to 2017, Border Patrol apprehended 45,006 immigrants from any of the countries ever designated as a “country of interest” (See Table 1). During the same period, it apprehended 4,109 from countries that made it onto all three lists. Given the inconsistency in these lists and for sake of completeness, Figure 1 shows the annual number of special interest aliens apprehended by Border Patrol separated by the different lists and those apprehended from countries that appeared at least once on a single list.  Fiscal Year 2007 is the earliest year that Border Patrol has made the number of apprehensions by citizenship publicly available.

Figure 1: Special Interest Alien Border Patrol Apprehensions

NAFTA 2.0: The Best Trade Agreement Ever Negotiated (Except for All of the Others)

The text of the new “United States-Mexico-Canada Agreement” was released last Sunday night, a few hours after I had spoken at an event in Birmingham, England about the virtues of “The Ideal U.S.-U.K. Free Trade Agreement.” To borrow from the late Sen. Lloyd Bentsen: I know the ideal free trade agreement; USCMA, you’re no ideal free trade agreement.

The ideal free trade agreement is one which accomplishes maximum market barrier reduction, enables maximum market integration, forecloses governments’ access to discriminatory protectionism, and obligates the parties to refrain from backsliding.

As explained in the paper:

The ideal free trade agreement provides for the elimination of tariffs as quickly as possible on as many goods as possible and to the lowest levels possible. It should limit the use of so-called trade remedy or trade defense measures. It should open all government procurement markets to goods and services providers from the other party. It should open all sectors of the economy to investment from businesses and individuals in the other party. It should open all services markets without exception to competition from providers of the other party. It should ensure that the rules that determine whether products and services are originating (meaning that they come from one or more of the agreement’s parties) are not so restrictive that they limit the scope for supply chain innovations…

…[T]he ideal FTA must also include rules governing e-commerce. Digital trade — data flows that are essential components in the provision of goods and services in the 21st century — must remain untaxed and protected from misuse and abuse. Rules that prohibit governments from imposing localization requirements or any particular data architectures that reduce the efficacy of digital services should be included, and obligations should be imposed on entities to ensure data privacy, consistent with the requirement that data flow as smoothly as possible.

When border barriers come down, the potentially protectionist aspects of regulation and regulatory regimes become more evident. Certainly, when businesses have to comply with two sets of regulations to sell in two different markets, it limits their capacity to realize economies of scale and reduces their capacity to pass on cost savings in the form of lower prices or reinvestment.

If those regulations are comparable when it comes to achieving the same social outcomes — consumer safety, product reliability, worker safety, environmental friendliness — there may be scope to require businesses to comply with only one set. A regulatory cooperation mechanism to promote mutual recognition would be a useful innovation, as a means to reducing business costs (provided no deep cultural aversion or science-based reason exists for considering one regulation better than the other and worth the greater cost).

Finally, the rules of the ideal FTA must be enforceable. What’s the point of a trade agreement if its terms are just suggestions? To make sure governments keep their promises, trade agreements should have a binding and enforceable dispute settlement mechanism, to ensure that the agreement is followed.

Here’s how the USMCA stacks up to the ideal free trade agreement, which:

  • Would provide for the elimination of tariffs as quickly as possible on as many goods as possible and to the lowest levels possible.

In USMCA, most goods trade will continue to be tariff-free (the NAFTA status quo) under the new agreement, and barriers to certain agricultural products will be reduced as well. Moreover, the value thresholds for importing goods without having to pay any duties have been raised in Mexico and Canada, which will benefit small businesses, disproportionately, as they tend to conduct a larger share of transactions online.

(Conclusion: Criterion is almost met).

  • Would limit the use of so-called trade remedy or trade defense measures.

Trade remedy laws give domestic industries recourse to trade restrictions when they can demonstrate injury caused by “dumped,” subsidized, or substantially increasing imports. These laws are prone to misuse and abuse and become loopholes through which the benefits of trade barrier reduction achieved in the agreement can be quickly rescinded.  

In USMCA, no restrictions on the use of antidumping, countervailing duty, or safeguard measures are made. Rather, the long arm of the Safeguard law extends further under the revised deal by making it more difficult for Canadian and Mexican exporters to be excused from prospective safeguard tariffs. Moreover, the failure of the United States agreeing to blanket exemptions for Canada and Mexico from prospective tariffs on imported automobiles under Section 232 of the Trade Expansion Act of 1962 and the failure of the United States to remove the existing Section 232 tariffs on Canadian and Mexican aluminum and steel—thereby enshrining the view of Canada and Mexico as threats to U.S. national security—is in extremely poor taste, violates the spirit of a trade agreement, and reflects an absence of understanding of the meaning of being a good trade partner. 

(Conclusion: Criterion worse than unmet.)

Mexico Is Not Sending Its Murderers: Homicide Rates on the Mexican Border

President Trump tweeted this morning that, “One of the reasons we need Great Border Security is that Mexico’s murder rate in 2017 increased by 27% to 31,174 people killed, a record! The Democrats want Open Borders. I want Maximum Border Security and respect for ICE and our great Law Enforcement Professionals!”  He tweeted this because he’s spent the last few days stating that he would shut down the government if Congress did not adopt his proposed immigration reforms in the upcoming budget debate, especially the funding for the construction of a border wall.

Besides the political motivation for his tweet, President Trump seems to have assumed that crime in Mexico bleeds north into the United States, so more border security is required to prevent that from happening as murder rates begin to rise again in Mexico.  Although illegal immigrant incarceration rates are lower than they are for natives, illegal immigrant conviction rates in the border state of Texas are lower for almost every crime including homicide, and the vast majority of evidence indicates that illegal and legal immigrants are less crime-prone than natives, the President’s specific claim that murder rates spread from Mexico to the United States is different from most of the existing peer-reviewed literature. 

My colleague Andrew Forrester and I ran some simple regressions to test whether higher homicide rates in Mexican states that border the United States spread northward to U.S. states on the other side of the border.  It doesn’t make much sense to compare Mexican crime in the Yucatan Peninsula with that in Maine but, if President Trump’s theory is correct, then we should expect to see it cross from Baja California to California, for instance.  Homicide data for the Mexican border states come from the Mexican National Institute of Statistics and Geography.  American homicide data come from the Uniform Crime Reporting statistics at the FBI (files here).  Homicide rates in states in both countries are per 100,000 state residents which allows an apples-to-apples comparison.  We used data from 1997 through 2016 but were not able to include 2017 because U.S. crime data is still unavaiable for that year.  We decided to look exclusively at U.S. and Mexican border states because those are where we would expect crime to bleed over if such a thing happened. 

Figure 1 shows a negative relationship between homicide rates in U.S. border states and Mexican border states with a negative correlation coefficient of -0.46.  The coefficient is nearly identical when American homicide rates are lagged one year.  Although we did not include other controls, there is a negative relationship between homicides on the American side and the Mexican side.  In other words, when Mexican homicide rates go up then American rates tend to go down and vice versa.     

Homicide Rates in U.S. and Mexican Border States

Figure 2 shows the same data but with years on the X-axis.  Mexican border state homicide rates vary considerably over time, especially when that government decided to try to crack down on drug cartels, but U.S. border state homicide rates trended slowly downward over the entire time.  There is a negative relationship between Mexican homicide rates and homicide rates in U.S. border states. 

Homicide Rates in U.S. and Mexican Border States

Our figures and regressions above might not be capturing the whole picture.  Perhaps crime travels from Mexican border states and goes directly into the U.S. state that it is bordering.  That could be the source of President Trump’s worry.  We tested that in Figures 3-6 where we looked at how homicide rates in Mexican states contiguous to U.S. states are correlated with homicide rates there. 

Steel Yourself as Trump Cuts Off Trade to Spite His Face

Various news outlets are reporting that, at midnight tonight, special U.S. tariffs on imports of steel and aluminum from Canada, Mexico, and the European Union will go into effect. This action stems (incongruously and capriciously) from two nearly yearlong investigations conducted by the U.S. Department of Commerce under Section 232 of the Trade Expansion Act of 1962, which found that imports of steel and aluminum “threaten to impair the national security” of the United States.

Blame Mexico First

There are many aggravating tropes that keep reemerging in the debate over immigration policy but one of the worst is that every problem with the U.S. immigration system is the result of the supposedly perfidious Mexico.  Changes in Mexican law and policy certainly have an impact on immigration to the United States but it is not true that our laws would operate wonderfully even if foreign governments had policies to support them.  Those who blame Mexico should, at the minimum, get their stories straight. 

In many versions of this tale, the Mexican government is hypocritical because its immigration laws are strict yet it complains about laws like SB 1070 in Arizona and the deportation of Mexican citizens from the United States.  Talk radio show host Rush Limbaugh famously used this rhetorical tactic when sarcastically (maybe?) proposing a series of immigration reforms that mirrored the worst of Mexican immigration law in 2007.          

The Mexican government fiercely criticized the passage of Arizona’s SB 1070 in 2010, a bill that forced state and local police to enforce federal immigration laws.  When then-President of Mexico Felipe Calderon visited the White House and intended to complain about the law directly to President Obama, Representative Ted Poe (R-TX) said, “I wonder if they’ll discuss whether or not Calderon supports his own country’s immigration policy.”  Both Limbaugh and Poe rightly criticized Mexico’s famously restrictive, self-destructive, and hypocritical immigration policy.

Partly in response to the American criticism, Mexico gradually reformed its immigration laws beginning in 2008.  In that year, Mexico reduced the punishment for illegal entry to a maximum fine of 5,000 pesos, down from a potential ten-year prison sentence.  They also created a temporary agricultural guest worker visa program for agricultural laborers from Guatemala and Belize working in Mexico’s southern states.  In 2010, the Mexican government stated that illegal immigrants would not have to fear immigration enforcement when reporting human rights violations or receiving medical treatment. 

The Mexican government did not stop there.  The Mexican Congress passed a Migratory Act in 2011 that went into effect on November 1, 2012.  This law replaced the Mexican General Law of Population that was the source of their restrictive immigration laws.  Among other things, the new Mexican immigration law allowed immigrants and migrants equal access to Mexican courts, reduced the power of local police to enforce immigration law, reformed the humanitarian admissions system, simplified entrance and reduced residency requirement by, in part, creating a points system, and created a three-day regional visitor’s visa for people from neighboring countries.  In other words, Mexico liberalized and expanded its legal immigration system.  Although Mexican reforms did not go far enough, they were a significant step away from protectionism toward a more liberal immigration regime. 

Shortly after the Migratory Act of 2011 went into effect, the number of Unaccompanied Alien Children (UAC) apprehended by Border Patrol skyrocketed (Figure 1).  The change in Mexican immigration law allowed Central Americans to travel to the U.S. border in greater numbers which, combined with the worsening economic and crime problems in Central America, helped exacerbate a surge of non-Mexican (OTM) illegal immigrants and asylum seekers who were overwhelmingly from south of Mexico’s border (Figure 2).  Other non-Mexican legal changes like the Central America-4 Border Control Agreement, that created a visa-less Central America among El Salvador, Guatemala, Honduras, and Nicaragua, also made it cheaper for migrants or UAC from those countries to make it to Mexico and then to the United States.    

 

Figure 1

Southwest Border Monthly Border Patrol Apprehensions of Unaccompanied Alien Children

Source: Customs and Border Protection.

 

Sending Troops to the Border Is Unnecessary and Dangerous

President Trump recently said that he would deploy troops to the Mexican border in response to the over-hyped story of about 1,000 Central Americans who are walking to the U.S. border to ask for asylum, which is their right under American law. “Until we can have a wall and proper security, we’re going to be guarding our border with the military,” President Trump said on Tuesday. “That’s a big step.

Congressman Perry, Terrorists Did Not Cross the Border to Attack Las Vegas

Republican Congressman Scott Perry (PA) was a guest on Tucker Carlson Tonight last night in a segment about the continuing investigation into the Las Vegas shooting earlier this year. Congressman Perry said:

I have been made aware of what I believe to be credible evidence, credible information regarding potential terrorist infiltration through the southern border regarding this incident.

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