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April 16, 2008

How immigration laws really work

Go here to read case studies of distress over immigration law enforcement.

April 15, 2008

All States Deemed Compliant with Real ID


Migration Information Source reports that the Department of Homeland Security has declared that all states are compliant with the Real ID driver’s license program, this despite some states still resisting. Part of Real ID’s effect is to make in impossible or close to that for illegal immigrants to get driver’s licenses.

Go here for the report with hyperlinks to key documents. The report without the hyperlinks:

All states have complied with the initial driver's license requirements in the Real ID Act despite opposition to the act in several state legislatures. States had until March 31, 2008, to meet the requirements or seek an extension.

Maine was the last state the Department of Homeland Security (DHS) deemed compliant. The state received an extension only after Maine Governor John Baldacci agreed to submit legislation that would prevent unauthorized immigrants from obtaining a state driver's license.

Many states have been granted extensions to comply with the act's licensing provisions, including states (Montana, New Hampshire, Oklahoma, South Carolina, and Washington) that had passed laws banning Real ID's implementation.

Residents in states that did not comply with the act before March 31 would not have been able to use state-issued driver's licenses to board airplanes or enter federal buildings beginning May 11, 2008.

Congress passed the Real ID Act in 2005 because the September 11 terrorists had easily obtained multiple state driver's licenses. Under the act, only US citizens and legal residents can be issued licenses, and the licenses must have enhanced security measures, such as digital photographs

April 6, 2008

Arizona employers slow to E-Verify

The Legal Arizona Workers Act that took effect 1/1/08 (which I have posted on) requires all Arizona employers to use the Federal E-Verify system. Only about 15% of employers have done so already.

Here is how it works: An employer enters a new hire's name, Social Security number and birth date into the online system and instantly receives a message on the screen saying the person is eligible to work in the United States. It appears that there has about a 7% non-conforming rate. My guess is that the E-Verify system is working but that many employers have not been hiring illegal workers since January (the system is applicable only to new hires), and that employers who do have not signed up year.

An article in the Arizona Daily Star in full:

Arizona's employers slow to get with program
By Becky Pallack
The Arizona Daily Star (Tucson), March 30, 2008
http://www.azstarnet.com/sn/border/231848

E-Verify, the federal database for verifying a new hire's legal status, largely has worked fine for Arizona employers.

That's in part because only 15 percent of employers in the state have signed up to use it.

Just 22,000 of the 145,000 Arizona employers have registered, said Marie Sebrechts, a spokeswoman for U.S. Citizenship and Immigration Services.

Continue reading "Arizona employers slow to E-Verify" »

November 11, 2007

Illegal immigrants’ Emergency Care Is Limited by U.S. Rule

Per the NY Times, under a limited provision of Medicaid, the national health program for the poor, the federal government permits emergency coverage for illegal immigrants and other noncitizens. But the Bush administration has been more closely scrutinizing and increasingly denying state claims for federal payment for some emergency services, Medicaid experts said.

The article goes on to say that in the wake of stricter federal rules, New York, New Jersey, Connecticut and 20 other states have extended full Medicaid coverage, using only state money, to some immigrants who do not qualify for federal aid. Under federal law, proof of citizenship is required for full Medicaid coverage, but not for emergency coverage.

But some states with growing immigrant populations, like Georgia and Arizona, have themselves moved to limit coverage under emergency Medicaid, leading to intense opposition from immigrant health advocates.


The full article:

Continue reading "Illegal immigrants’ Emergency Care Is Limited by U.S. Rule" »

October 12, 2007

Effort to Curb Illegal Workers' Hiring Blocked


Per the Washington Post, “A federal judge barred the Bush administration yesterday from launching a planned crackdown on U.S. companies that employ illegal immigrants, warning of its potentially "staggering" impact on law-abiding workers and companies.” The Dept of Homeland Security was about to issue “no match” letters to 140,000 employers, about upwards of 8.7 million no matches.

The Post reports it as a “firm rebuke.” Why, well, as I have posted before, it appears than
One third of mismatches turn out to be perfectly harmless. The administration’s program would have forced these American citizens to jump through hoops to prove they are citizens, and that could provoke suits by mishandled employees against their employers.

A New York Times editorial says that this “reckless” plan is part of “a disastrously one-sided immigration strategy — pulling out one harsh enforcement tool after another without having repaired the broken system. We have already seen the results of runaway enforcement on the agricultural industry — a shortage of workers leading to rotting crops and farmers relocating south of the border. The trouble with crackdowns, like the foolish one involving “no-match” letters, is that they cause oceans of pain and havoc — not just for undocumented immigrants, but also for legal residents and the economy — without actually solving anything.”

The Post’s article:

Continue reading "Effort to Curb Illegal Workers' Hiring Blocked" »

July 29, 2007

Real ID program implementation plan issued by DHS

Real ID Implementation Plan

The Department of Homeland Security has issued an implementation plan for this program to make drivers licenses uniform across the country. Go here for an html version of the plan. Go here for a report to the National Governors Association about the potential impact of the REAL ID program.


April 28, 2007

Operation Return to Sender


The New York Times reports on ICE raids in California as part of a nationwide sweep. I have already posted on earlier raids. The sweep is called “Operation Return to Sender, in which more than 23,000 people have been arrested nationwide, including more than 1,800 in Northern and Central California.”


March 30, 2007

Overview of non-immigrant visa activity

The Congressional Research Service published an update overview of non-immigrant visa activity, inlcuding business, student temporary guest worker, etc travel. This is a lucid introduction to the lierallty dozens of kinds of visa arrangements.

March 8, 2007

sweat shop in New Bedford MA busted, 350 illegal workers out of work

Workers Comp Insider, the best workers comp blog in the country, reports on and analyzes a story in the Boston Globe about a raid on a sweast shoop which made military supplies.

According to jon Coppelman of Workers Comp Insider, "Affidavits allege that Insolia preferred to hire illegal immigrants because they were desperate for jobs and willing to put up with atrocious working conditions. He even helped them secure forged identity papers, referring them to vendors who would produce the documents for about $120. As for the working conditions, workers were routinely denied overtime pay, docked 15 minutes for every minute late and fined for talking on the job or spending more than two minutes in the plant's "squalid" rest rooms. Sure, but at least the vests and backpacks were made in America!"

February 28, 2007

The IFCO guilty pleadings: what was behind them

The Wall Street Journal (subscription required) on Tuesday 2/27 ran an article about how ICE (Immigration and Customs Enforcement) went after the executives at IFCO, the pallet manufacturer raided last year, for systematically hiring illegal workers. The article contains nuggets of information about ICE’s new strategy – which I have excerpted here. They include patiently collecting information in several states on manager communications; getting Social Security to cooperate in revealing huge mismatches of Soc Sec numbers; and planting an informant. (I have previously posted on IFCO.)

According to an article in the Salt Lake City Tribune, five managers pleaded guilty:

James Rice, 37, of Houston, an executive regional general manager of the Netherlands-based IFCO Systems, pleaded guilty to conspiring to employ illegal workers. Robert Belvin, 43, of Stuart, Fla., a former general manager of the Albany IFCO plant, pleaded guilty to two felony conspiracy charges. They face up to 2 years in prison. Dario Salzano, 36, of Amsterdam, N.Y., Scott Dodge, 44, of Elmira, N.Y., and Michael Ames, 44, of Shrewsbury, Mass., each pleaded guilty Tuesday to one misdemeanor. They could face up to six months in jail and $3,000 in fines for each undocumented worker employed, though they likely will get reduced terms because they cooperated, Sciocchetti said. Charges were pending against two other IFCO managers in Houston and Cincinnati.

Here in addition are some figures from the ICE Fact Sheet on the net:

* The number of criminal arrests in worksite enforcement cases has increased from a mere 25 in Fiscal Year 2002, the last full year under the old INS, to 716 during Fiscal Year 2006 under ICE..

* The number of individuals arrested on administrative immigration violations in worksite enforcement cases has increased from 485 in Fiscal Year 2002, the last full year under the old INS, to 3,667 during Fiscal Year 2006 under ICE.

Continue reading "The IFCO guilty pleadings: what was behind them" »

February 24, 2007

Executives indicted for tax evasion re: illegal employees

A new strategy to attack employer use of illegal workers has emerged: indicting corporate executives for tax evasion when they pay their employees off the books. We already know about failing to buy workers compensation insurance. This tax evasion attack will I expect be a potent tool against the medium to large sized employer. About half of illegal workers are estimated to be paid in cash without tax or social security payments being made.

The Wall Street Journal carried a story on 2/23 about indictments against a cleaning and maintenance company with commercial customers throughout the U.S. (“Homeland Security Strategy Hits Executives, Illegal Workers”). Per the article “ Pressing ahead with its new strategy to 'attack the economic engine' that fuels most illegal migration into the U.S., Homeland Security agents arrested three top executives of a national cleaning service for allegedly employing illegal immigrants and defrauding the government. The sweep also netted nearly 200 employees believed to be illegal immigrants."

Nevada-based Rosenbaum-Cunningham International Inc., or RCI, provided cleaning and maintenance services to popular hospitality venues and restaurants like Hard Rock Cafe, ESPN Zone and House of Blues, taking in more than $54.3 million between 2001 and 2005, Homeland Security officials said yesterday .

According to a 23-count indictment unsealed yesterday, the company knowingly hired illegal immigrants, intentionally failed to withhold taxes and created shell accounts to line the pockets of top executives. RCI co-owners Richard M. Rosenbaum and Edward Scott Cunningham and firm controller Christina Flocken face criminal fraud, immigration and tax charges.

More from the article…

Continue reading "Executives indicted for tax evasion re: illegal employees" »

Wealth of statistics on illegal immigrants in the U.S.

This is a quick guide to postings I have made in the past. These and other postings are listed in the right hand column segment called “popular posts.” You will find even more information if you go to the hyperlinks in each of these postings.

Go here to find estimates of the number of illegal workers by state and their share of the state’s workforce. Data drawn in part from the Pew Hispanic Center.

Go here to find federal government estimates of illegal immigrants, by country of origin and by when they arrived in the U.S.

Go here to find recent research findings on the impact of all immigrant as well as illegal immigrant labor on native born American wages.

And here for types of work performed by illegal immigrants and other data on these workers, from the Pew Hispanic Center.

February 23, 2007

AFL-CIO Building and Construction Trades Department’s statement on immigration reform.

Here is the statement, thanks to Jim Platner. I will summarize:

“Mass unregulated illegal immigration into the United States creates unfair wage competition.” There needs to be tougher border enforcement. “A mandatory electronic work-eligibility verification system is needed, which can effectively detect the use of fraudulent documents and significantly reduce the employment of unauthorized immigrants.” This system is “the lynchpin” to comprehensive immigration reform.

A new temporary worker program “would be particularly harmful to the long-term interests of the building and construction industry, because of its negative effect on bona fide apprenticeship and training programs.”

Union sponsored hiring halls and joint labor/management training programs work, and should be supported as the means to provide qualified labor to this industry.

The H-2B visa system in place should be used for foreign labor. This visa program “is currently available to full employers’ temporary needs resulting from either on-time, seasonal, peak load or intermittent labor shortages that do not last for more than one year…it is uniquely appropriate” to fill employer needs in building and construction that cannot otherwise be met be hiring halls.

The H-2B system should be modified to allow for joint labor-management programs to sponsor temporary employment of “trained skilled workers from abroad.” This will assure protection of labor standards of U.S. workers.

There should be a “path to earned legal status” for illegal immigrants here now, as many have been “law-abiding, tax-paying and hard working” participants in the economy. They should pay an appropriate penalty and get in line behind those legally in line from the start. [The term “citizenship” is not used.] Once they “adjust their status”, they should receive federal labor and civil rights protections but not receive federal entitlements.

February 22, 2007

U.S. Border Patrol has become more aggressive

The NY Times reports that borders controls have toughened considerably in the next few months.

Excerpts from the article:

All along the border, there are signs that the measures the Border Patrol and other federal agencies have taken over the last year, from erecting new barriers to posting 6,000 National Guardsmen as armed sentinels, are beginning to slow the flow of illegal immigrants.

The only available barometer of the decline is how many migrants are caught. In the last four months, the number has dropped 27 percent compared with the same period last year, the biggest drop since a crackdown immediately after 9/11. In two sections around Yuma and near Del Rio, Tex., the numbers have fallen by nearly two-thirds, Homeland Security officials say.

Border Patrol commanders say they see no explanation for the drop-off across the entire 2,000-mile border other than stiffer enforcement deterring migrants. The slackening flow, they argue, belies the conventional wisdom that it is impossible to stem illegal migration. Many veteran officers in the force are now beginning to believe it can be controlled with enough resources.

The new measures range from simply putting more officers out on patrol to erecting stadium lights, secondary fences and barriers of thick steel poles to stop smugglers from racing across the desert in all-wheel-drive trucks. The Border Patrol has deployed hundreds of new guards to watch rivers, monitor surveillance cameras and guard fences.

And zero tolerance by U.S. Courts, with jail sentences being handed out…

Though it seems cruel to many migrants, the zero-tolerance policy appears to be working, Border Patrol commanders say. Along the river the Del Rio sector patrols, arrests are a third of what they were a year ago, only about 35 a day. In the meantime, drug seizures have doubled, as more agents have been freed up to patrol.

"Word is getting around out there that if you cross in this area and get apprehended you are probably going to go to jail, and that is a deterrent," Sector Chief Randy Hill said.

February 18, 2007

New York Times editorial on immigration reform.

A New York Times editorial, “They Are America,” is trying to shake the country into paying attention to what was going to be a major legislative thrust this year: immigration reform. At least, that seemed probably before Iraq fell apart. This editorial goes down a long list of small and large missteps and outrages upon immigrants, from fence-bulding and factory raids by ICE to DNA testing. the authors stop short of describing what precisely they want in immigration reform, beyond management remedies to some practicef of the Bush Administration.

The entire editorial is below.

Continue reading "New York Times editorial on immigration reform." »

February 14, 2007

Essential Worker Immigration Coalition: Reform platform

This lobbying group / business association is gearing up for immigration reform this year. It wants more immigrant workers, the more legal the better.

Here is its platform for reform:

Reform should be comprehensive: addressing both future economic needs for future workers and undocumented workers already in the United States.

Reform should strengthen national security by providing for the screening of foreign workers and creating a disincentive for illegal immigration.

Reform should strengthen the rule of law by establishing clear, sensible immigration laws that are efficiently and vigorously enforced.

Reform should create an immigration system that functions efficiently for employers, workers, and government agencies.

Reform should create a program that allows hard working, tax paying undocumented workers to earn legal status.

Reform should ensure that U.S. workers are not displaced by foreign workers.

Reform should ensure that all workers enjoy the same labor law protections.

The policy platform goes on….

Continue reading "Essential Worker Immigration Coalition: Reform platform" »

February 9, 2007

Tidbits from the first year of this blog

In passing into the second year of workingimmigrants.com, I have compiled some notable entries from the first year -- Peter Rousmaniere

Relative role of U.S. in transborder migration

Number of cities in world with at least one million foreign born residents: 20
Number of these cities in the United States: 8
Number of these cities in India or China: zero
Size of foreign born population in the world today: 200 million out of 6.5 billion (3%)
Size of foreign born population in U.S. Today: 35 million out of 300 million (12%)

Relative role of China in intraborder migration

Number of internal migrants from rural to urban areas in China: 150 million out of total population of 1.2 billion.

Off-shoring of work and the polarization of the American workforce

MIT professor David Autor argues that highly routine mental and manual jobs are being outsourced overseas or eliminated by automation, but that mental and manual jobs involving a level of irregularity in decision making and face to face servicing are growing. This concept explains why some manual jobs are expected to grow in the future along with the growth of high end mental jobs.

Impact of all immigrant workers on American workforce

Share of new jobs 2002 – 2012 to be filled by an immigrant: one out of eight

Size of illegal workforce

Illegal workers in U.S. as of early 2006: about 7.3 million

Illegal workers as % of total U.S. workforce: 4.9%

Illegal workers as % of total U.S. workforce in jobs requiring less than high school degree and without strict documentation requirements: 9/7%

Where do illegal workers work?

Per the Pew Hispanic Center:

Some 55-60% of these undocumented workers are in formal employment and are paying social security taxes

About 3 million of the 7.2 million illegal workers are in occupations in which undocumented workers account for at least 15% of total employment in that occupation. These include construction labor (25%), cooks (20%). Maids and housecleaners (22%), and grounds maintenance (25%). among roofers, 29% of the total workforce is estimated to be undocumented workers.

One half of undocumented working men here are single. But a phenomenal 94% of undocumented men work compared to 83% for native Americans.

Economic impact of illegal population in U.S.

A Texas study says that illegal household payments of consumer and property taxes (via rent or home ownership) exceeds by about 30% the taxpayer burden for education, healthcare, and incarceration.

Do illegal workers displace American workers?

Some say yes, others say no.

It appears that illegal worker compensation is about 30% below what it would be with 100% worker protections afforded to Americans. Go here for a case study.

Waves of Hispanic work immigration since 1980s

1980s: agricultural workers, mostly on farms
1990s: meat processing workers, mostly in rural; towns
2000s: urban work including residential construction: in cities and suburbs

Employment of Indians in the U.S.

They own 20,000 hotels, or 50% of all economy hotels in the U.S.
There are 40,000 Indian physicians in the U.S, or about 4% of all doctors

Role of foreign born entrepreneurs in the U.S.

They are involved in one quarter of all technology start-ups.

Is there a nursing shortage?

Yes.

Percentage of Philippine nurses working outside the Philippines

75%

Foreign nurses in the U.S.

300,000, or about 11% of all nurses.

Mexican population in U.S.

Percentage of Mexican workforce that is working in the U.S.

16%

Remittances from Mexicans in U.S. to Mexico

$25 billion in 2006

Total remittances from all parts of world to Latin America

$54 billion in 2005

Number of community-based immigrant worker centers

upwards of 200

Foreign day laborers in the U.S.

Estimated number on any particular day:

117,600 at 500 sites in the U.S.

Percentage who speak English very well:

3%

February 5, 2007

2/5/07 update on Swift raid

The Washington Post ran this article quoting the president of Swift as saying the raids were for show.

Meatpacker: Immigration Raids Were Show
The Associated Press, February 2, 2007

Greeley, CO (AP) -- The head of meatpacker Swift & Co. said federal officials wanted a high-profile example of an immigration crackdown when they staged raids at its plants in six states in an identity theft investigation late last year.

President and CEO Sam Rovit said the government rejected the company's offer to help in the investigation months before the Dec. 12 raids.

'They were looking for a marquee to show the administration it was tough on immigration,' he told the Greeley Tribune for a story published Friday.

Rovit denied knowingly hiring illegal immigrants and told the newspaper his company complied with federal hiring practices to check applicants' immigration status.

Rovit and an Immigration and Customs Enforcement spokesman did not immediately return phone and e-mail messages from The Associated Press Friday.

ICE arrested 1,282 workers during raids in Colorado, Nebraska, Texas, Utah, Iowa and Minnesota. Of those, 246 now face state or federal identity theft charges and the rest face immigration charges.

Greeley-based Swift says it is the world's second-largest processor of fresh beef and pork, and employs about 20,000 people, including about 15,000 in the U.S.

January 29, 2007

SEIU on immigration reform

Without comment, a letter from SEUI's International Executive Vice President to Senator Kennedy of immigration reform.

FOR IMMEDIATE RELEASE
January 17, 200

TEXT OF LETTER TO SENATOR KENNEDY FROM SEIU LEADERS ANDREW STERN, ANNA BURGER, AND ELISEO MEDINA
SEIU Announces Agenda for Comprehensive Immigration Reform
January 16, 2007

Dear Senator Kennedy:

As you know, the Service Employees International Union (SEIU) has long been an advocate of comprehensive immigration reform. We have worked diligently with you, your Senate colleagues, and your staff to craft the best immigration reform proposals that would fix our broken system. SEIU is willing to consider any fair, practical and tough proposal that will bring out of the shadows an estimated 12 million undocumented individuals, reunite families, secure our borders and create a legal channel for new workers to enter our economy, have workplace protections, and join our civic society.

This architecture is essential to fix our broken borders, workplaces and families. However, many of the provisions in the Senate bill that passed during the 109th Congress, S. 2611, failed to reflect our principles, and fortunately died. Last November, voters sent a strong message to elected leaders that Americans want Congress to fix our nation’s problems, including our failed immigration system. Candidates who ran on anti-immigrant, anti-immigration, and enforcement-only messages lost their races because voters saw through the political rhetoric, not solving the problem. Voters know that deporting 12 million individuals is unrealistic and morally repugnant.

Looking ahead, we anticipate working with you in the 110th Congress to pass a workable, effective comprehensive immigration reform package the President can sign. While imperfect, S. 2611 included the architecture of comprehensive immigration reform: border security; earned legalization for the undocumented population currently living in the United States; family unification; and a mechanism to regularize the flow of workers to reduce future illegal immigration. The Senate-passed bill also included two important measures SEIU has long supported: AgJOBS that would put undocumented farm workers on a path to earned legal status; and the DREAM Act that allows eligible undocumented students to adjust their status and have the opportunity to pursue higher education. Your continued leadership is critical to ensuring that such bi-partisan comprehensive legislation passes both the House and Senate.

As you know, SEIU represents workers who perform some of our most needed, yet under valued work that is essential to our economy, families and communities. Hard working, tax-paying immigrants who are living in this country should be given every opportunity to come forward, pay a fine, and earn legal status and a path toward citizenship. This will enhance border security and buttress our economy. To this end, we are committed to the following provisions being included in this year’s comprehensive immigration reform legislation:

Legalization - The three-tiered legalization provisions included in S. 2611 are unacceptable and unworkable. Successful reform mandates the most expansive earned legalization provisions that would make eligible the largest number of undocumented persons. Congress should not be satisfied with a program that would legalize an estimated 6 to 8 million, when an estimated 11 to12 million individuals are undocumented and living within our borders. We must face reality that long-term undocumented, but otherwise law-abiding workers will not leave the country voluntarily.

Continue reading "SEIU on immigration reform" »

January 24, 2007

What President Bush said about immigration reform

President Bush on immigration reform in the 2007 State of the Union address, presented without comment:

Extending hope and opportunity in our country requires an immigration system worthy of America, with laws that are fair and borders that are secure. When laws and borders are routinely violated, this harms the interests of our country.

To secure our border, we are doubling the size of the Border Patrol, and funding new infrastructure and technology.

Yet, even with all these steps, we cannot fully secure the border unless we take pressure off the border. And that requires a temporary worker program.

We should establish a legal and orderly path for foreign workers to enter our country to work on a temporary basis. As a result, they won't have to try to sneak in.

And that will leave border agents free to chase down drug smugglers and criminals and terrorists.

We will enforce our immigration laws at the worksite, and give employers the tools to verify the legal status of their workers so there is no excuse left for violating the law.

We need to uphold the great tradition of the melting pot that welcomes and assimilates new arrivals. We need to resolve the status of the illegal immigrants who are already in our country, without animosity and without amnesty.

Convictions run deep in this Capitol when it comes to immigration. Let us have a serious, civil, and conclusive debate so that you can pass -- and I can sign -- comprehensive immigration reform into law.

January 20, 2007

Income tax and social security tax payments of illegal immigrants - a legal analysis

I located an article in the Harvard Latino Law Review analyzing the tax contributions of undocumented immigrants

Francine Lipman, The Taxation of undocumented immigrants: separate, unequal and without representation published in October, 2006. The article focuses in-depth on income tax and social security tax issues, and is heavily annotated. I found the article in the reports section of the website for the Massachusetts Immigrant and Refugee Advocacy Coalition, or
(MIRA).

January 17, 2007

Case study of employment results of a large ICE raid on a poultry plant

The Wall Street Journal ran an informative article today on the effect of a major ICE raid upon employer – employee relations. Evan Pérez and Corey Dade wrote the article. I posted on the raid of Crider Inc., a Stillmore, GA, poultry plant in May, 2006. The WSJ article describes the before and after:

BEFORE: employees mostly Hispanic. Workers provided company housing. Black employment since late 1990s had declined from 70% to 16%. High productivity, poor benefits and working conditions, and few employee complaints. Wages barely above minimum wage. Parking lot wage payments, in which checks were issued and immediately cashed by the employee, preventing any record of employment history. I infer that worker savings probably sent to Mexico.

AFTER: Wages increased 30% - 50%. Workforce is 65% black, 30% white, 5% Hispanic. Workers provided company housing. Much of workforce converted to independent recruiting contractor status and/or engaged through employee hiring firm. Productivity sags 10%. More complaints about worker health and safety. Labor shortages. Company searches across U.S. for people willing to work, such as Hmong migrant workers. I infer that worker savings now put into local housing, cars.

NATIONALLY, WHAT A GUEST WORKER PROGRAM WOULD DO: Boost wages by at least 30%. Prohibit independent contractor abuses. Better health and safety. Remove vulnerability of Hispanic workers to fear of deportation. Worker shortages. More investment in technology to reduce workforces.

Excerpts from the article, with some notes by me:

Continue reading "Case study of employment results of a large ICE raid on a poultry plant" »

January 16, 2007

Shortages of farm labor hit Florida, California. Are they due to immigration enforcement?

In Florida, H-2A farm guest worker program is increasingly used to solve labor shortages on farms. In California, after a catastrophic pear season last year, farmers are ernest about getting a broad guest worker program into place. The increased demand may be due to stricter enforcement against illegal workers. In any event, H2A use is up 500% in Florida.

In Florida:

Florida growers and farmworker advocates say that the number of guest workers being employed picking Sunshine State crops is up 500 percent. Last year, there were about 1,000 guest workers legally in the United States under the federal program -- referred to as H2A -- with about 16 employers applying for workers.

In 2006, that ballooned to about 5,000 with more than 70 employers applying, says Greg Schell, a Lake Worth labor attorney and farm worker advocate. The unresolved immigration debate is likely to force even more employers to tap the H2A program, under which a guest worker visa is good for 364 days.

President Bush has been pushing for an extensive revamping of immigration law. He wants a guest worker program and the possibility of eventual citizenship for many illegal immigrants already in the country. In the past, H2A has not been broadly used by Florida growers because of its costly and complicated nature. Exactly who is going to be paying the additional costs of the program for farmers in unclear, but, all things being equal, growers are likely to pass the cost along to consumers.

Spencer said that labor was the primary obstacle to getting his crops to grocery store aisles during the past year. The shortage was unprecedented for an industry that relies so heavily on Latino immigrant workers. There has also been a drastic increase in the number of H2B workers. It is a sister program open to industries other than agriculture that tops out at a set number of issued work visas. The measure has been used in the past in landscaping, manufacturing and construction.

In California:

Growers say aggressive security patrols along the U.S.-Mexico border have created a labor shortage that's left apples hanging on trees in Washington state, marred berry harvests in Oregon and delayed the onion harvest in Texas. The American Farm Bureau Federation has warned labor shortages could cause $5 billion in losses to the agriculture industry.

The economic threat is particularly acute in the nation's top agricultural state where more than one-third of the nation's farmworkers are employed, California farmers say. Last summer, a quarter of the pear crop in rural Lake County rotted on the field when pickers never showed up, said Toni Scully, a pear packer there.

"Throughout the summer, farmers were cobbling together workers to meet their immediate needs," said Jack King, national public affairs manager for the California Farm Bureau Federation. "When we failed to push something through last year, we vowed we'd be back."

January 7, 2007

Major problems in immigration and future guest work info systems

A Washington Post article reports on an inspector general audit of Citizenship and Immigrant Service computer system weaknesses. These weaknesses are contributing to huge backlogs now for legal applications. It sounds like a guest worker program with amnesty will crush the system.

Per the article:

As the White House and Congress prepare to overhaul the nation's immigration laws, U.S. officials have concluded that they lack the technology and resources to handle the millions of applications for legal residency that could result from the changes and that several efforts to modernize computers have gone astray.
A report released Dec. 20 by Homeland Security Inspector General Richard L. Skinner cited a long list of setbacks and concurred with internal USCIS reviews that the bureau "lacks the processing capacity, systems integration and project management resources needed to manage a potential increase in workloads." A project to replace the nationwide computer network has been halted because the agency lacks $72 million to complete it. A staff reorganization was frozen because of deficiencies "that hinder day-to-day IT operations," according to the report.

A quote from the audit itself:

Our September 2005 report discussed inefficiencies in USCIS’ IT environment that hindered its ability to carry out its immigration benefits processing mission successfully. Specifically, USCIS’ processes were largely manual, paper-based, and duplicative, resulting in an ineffective use of human and financial resources to ship, store, and track immigration files. Adjudicators used multiple and non-integrated IT systems to perform their jobs, which has reduced productivity and data integrity. IT software and hardware systems also were not well configured to meet users needs.
Further, although federal guidelines require effective planning and management of IT to increase efficiency of business operations, USCIS has not had a focused approach for updating its legacy systems and manual workflow practices. Rather, IT planning and implementation were conducted in a reactive and decentralized manner across the organization. Additionally, USCIS relied on personnel rather than technology to meet its backlog reduction goals.

The article in full:

Continue reading "Major problems in immigration and future guest work info systems" »

January 4, 2007

“Open Doors Wider for Skilled Immigrants”

A Businessweek.com columnist commented on the new study of immigrant entrepreneurs in high tech, which I posted on below, and referred to his and others’ study of this matter over the years. He concludes: “My view: Let's build really high [immigration] fences, but have big gates. Let's be very selective in whom we admit, but open the doors to as many as we need.”

Skilled immigrants provide one of the U.S.'s greatest strengths. They contribute to the economy, create jobs, and lead innovation. A new study I helped lead at Duke University's Pratt School of Engineering, where I am an executive-in-residence, shows they are fueling the creation of hi-tech business across our nation and creating a wealth of intellectual property. To keep our global competitive edge, we need to attract more of the world's best and brightest. And we need them to come here and put down deep roots
.

Vivek Wadhwa, the founder of two software companies, is an Executive-in-Residence/Adjunct Professor at Duke University. He is also the co-founder of TiE Carolinas, a networking and mentoring group.

December 31, 2006

Capitol Hill analysis of immigration reform prospects for 2007

Rachel Swarns of the New York Times reviews the variables for immigration reform in early 2007:

WASHINGTON, Dec. 25 — Counting on the support of the new Democratic majority in Congress, Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship than would a bill that the Senate passed in the spring.

The Senate plans to introduce its immigration bill next month with an eye toward passage in March or April, officials said. The House is expected to consider its version later. President Bush said last week that he hoped to sign an immigration bill next year.

The major lawmakers drafting the legislation include Senators Edward M. Kennedy, Democrat of Massachusetts, and John McCain, Republican of Arizona, along with Representatives Jeff Flake, Republican of Arizona, and Luis V. Gutierrez, Democrat of Illinois. The four met this month, and their staffs have begun working on a bill.

Hispanic voters, a swing constituency that Republicans covet, abandoned the party in large numbers. Several Republican hardliners, including Representatives John Hostettler of Indiana and J. D. Hayworth of Arizona, lost their seats. After the dismal showing, House Republicans denied F. James Sensenbrenner Jr. of Wisconsin, the departing chairman of the Judiciary Committee and an architect of the House immigration approach, a senior position on any major committee in the new Congress.

Continue reading "Capitol Hill analysis of immigration reform prospects for 2007" »

December 26, 2006

DREAM Act proposal: citizenship through military service

What is the Development, Relief, and Education for Alien Minors Act? This proposed federal legislation will incent immigrants, legal and illegal, to enroll in the U.S. military. Simply stated, “Immigrant students who have grown up in the U.S., graduated from high school here, and can demonstrate good moral character would initially qualify for "conditional lawful permanent resident" status, which would normally last for six years. During the conditional period, the immigrant would be required to go to college, join the military, or work a significant number of hours of community service. At the end of the conditional period, those who meet at least one of these requirements would be eligible for regular lawful permanent resident status.” (From here.)
http://www.immigrantworkerscomp.com/2006/05/working_in_the_military_to_gai.html

I have posted before on legal immigrant enrollment in the military. A summary of the legislation (as of April 2006), analysis, list of supporters, etc., is found at The National Immigration Law Center.

Max Boot, of the Council of Foreign Relations, has the most articulate advocate of such a program, such as in this
2005 op-ed piece for the Los Angeles Times. He would open up the program for all foreigners:

The DREAM Act is a great idea, but I would go further and offer citizenship to anyone, anywhere on the planet, willing to serve a set term in the U.S. military. We could model a Freedom Legion after the French Foreign Legion. Or we could allow foreigners to join regular units after a period of English-language instruction, if necessary…..

In the past, the U.S. military had many more foreigners than we do today. (During the Civil War, at least 20% were immigrants. Now it's 7%.) The British army, among many others, has also made good use of noncitizens. Nepalese Gurkhas still fight and die for the Union Jack despite not being "culturally bonded" to it. No doubt they would do the same for the Stars and Stripes.

December 18, 2006

NY Times editorial on Swift Company raids

Today, 12/18. Here it is:

December 18, 2006
Editorial
Swift Raids

When federal immigration officials raided six plants owned by Swift & Company, the world’s second largest beef and pork processor, last Tuesday, they brought Spanish translators. They knew exactly what kind of worker is found in low-paying, strenuous jobs in this country: recent Latino arrivals with limited skills and, in many cases, no legal papers. Nearly 1,300 people — almost 10 percent of Swift’s work force — were taken away in what the government said was the largest but not the last assault on the underground immigrant economy.

The raids have led some people to heap scorn on Swift and, of course, on the illegal immigrants, particularly the dozens of detainees who have been charged with identity theft and other crimes. But doing so misses the bigger picture. Swift and its workers are merely Exhibit A in an immigration system that is failing in all of its parts.

It is a system that rewards illegality and pays lip service to lawfulness and order.

Continue reading "NY Times editorial on Swift Company raids" »

December 14, 2006

Things are heating up for a reform bill

Two items: the possible fallout from ICE raids of meat processing plants, and a comment on my posting of a Wall Street Journal story about immigrant workers on Hilton Head Island. In my view, the ICE raids, as reported in the Los Angeles Times and commented on in the Seattle Times, will have a net effect of spurring a reform bill. An anti-reform advocate has it right: these kinds of raids provide a kind of cover for White House / Congress collaboration on a reform bill. (It should be clear that I strongly favor a bill with a good guest worker program in it).

But this is more than just about immigration workers: it has to do with low wage workers. As commentor James Albers notes, employer abuses to lower its costs of doing business adversely impacts legal and illegal workers. We have here not a 7.5 million worker problem (the number of illegal workers) but more like a 30 million worker problem, exacerbated by exploitation of illegal labor.

James Albers' comment:

Some observations. First, any contractor can gain a competitive advantage by not complying with required labor standards, be they workers' comp, social security, or health and safety compliance. This is not exclusively an 'illegal' worker problem, though it may be exacerbated (i.e., more exploited) when workers don't have legal status. Second, Mr. Hairston comments regarding his assuming the "moral and ethical high ground" with his proposed ordinance are hollow. He didn't have a problem subcontracting work to undocumented workers as long as he could sit back and make an easy profit paying just 25% of the contract. (Guess he needed more time to enjoy the 'luxury' home he built.)

I don't believe this type of cut-throat competition is desirable, as it can lead to a dilution of labor standards. However, hiring workers' "off the books" is pervasive in certain types of construction work, especially small residential and remodeling projects. Illegally designating workers as 'idependent contractors' is another way builders and contractors reduce their costs and gain a competitve advantage. In general, there should be stronger enforcement of labor standards that reduce the opportunities for contractors to dilute standards to reap a competitive advantage. But it's not fair to characterize this problem as an 'illegal' worker issue.

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December 3, 2006

MA Governor Romney’s foot caught in illegal worker raccoon trap

Last Spring his Lt Governor, Kathleeen Marie Antoinette Healey, opined that if the children of illegal households wanted to go to college, they should just pony up the money to enroll in Wellesley or another private college rather than ask for in-state tuition rates at the U. of Massachusetts. A few weeks ago, her gubernatorial campaign flat as a dime, she darkly warned against giving illegal workers driver licenses because they might “get onto airplanes”. Now the outgoing prexy-aspiring / business whiz Mitt Romney found himself on the front page of the Boston Globe with evidence that he was using using illegal workers to work on his house. He issued an immediate see-no-evil reply. According to today’s Globe, he is dressing up the State Troopers, the guys with the funny hats, to chase after illegals:

“Troopers can detain people they determine are illegal immigrants during regular police duties….This authority will be given to two dozen or three dozen troopers who undergo 4 1/2 weeks of training in immigration laws, civil rights, and ways to avoid racial profiling, he said. The troopers will probably be members of special units that pursue violent fugitives or combat street gangs.”

See below for the text of “Troopers can arrest illegal immigrants in Romney deal, Critics warn of profiling, police mistrust”

Continue reading "MA Governor Romney’s foot caught in illegal worker raccoon trap" »

December 1, 2006

Key Democrat tells Homeland Security to back off on new rules about employment of illegal workers

Since June the Bush Administration has sought to beef up surveillance of corporate hiring of illegal workers through more active use of “no match” findings for employee social security numbers. Homeland Security has just issued proposed regulations for a more aggressive approach. And, according to an article in the Washington Times, the Democratic Congressman due to chair the key House committee is yelling about it.

A Mississippi Democrat in line to become chairman of the House Homeland Security Committee has warned the nation's largest uniform supplier it faces criminal charges if it follows a White House proposal to recheck workers with mismatched Social Security numbers and fire those who cannot resolve the discrepancy in 60 days.

Rep. Bennie Thompson said in a letter to Cintas Corp. it could be charged with 'illegal activities in violation of state and federal law' if any of its 32,000 employees are terminated because they gave incorrect Social Security numbers to be hired. Cintas has issued letters to 400 employees in five states telling them they will be indefinitely suspended if they cannot resolve their mismatched Social Security number within 60 days.

As reported in the New Standard on 11/9,

Four years ago, Temple University researchers studied a pilot project that lets companies use databases from Homeland Security and the SSA to verify employment status. Those databases were found to reject one of every five properly documented applicants.

Continue reading "Key Democrat tells Homeland Security to back off on new rules about employment of illegal workers" »

November 28, 2006

Two reservations about an immigration reform bill

Darrell Schapmire sent in a comment from which I have extracted a few passages and am placing here. He has some serious reservations about an immigration reform bill. I have placed below two of his concerns. I think that advocates of immigration reform along the lines of the Senate bill – of which I am in favor – need to address his concerns.

Schapmire says that “the sinkhole” nature of the low wage labor market in the United States will result in debasement and erosion of any immigration controls Washington legislates.

We are also ignoring the sinkhole nature of the demand for cheap labor. This, to me, is the great sucker punch for the American public. Twenty years before Simpson-Mazzoli, we had similar legislation passed in Congress for a small number of immigrants. The law passed in 1986 was supposed to eliminate the problem of illegal immigration and the problems that go along with it. Nothing could be farther from the truth. I would predict that when the current group of illegals is given amnesty, businesses will not only hire----but in many cases actively recruit----more illegal workers because they are "cheaper." We need to understand that business demand for "cheap labor" is insatiable. We also need to understand that there is no limit to the number of people who would come here, given the opportunity.

Comment: to avoid this scenario this time around, I believe the following must happen. First, labor protections for workers/employers in guest worker status and enforcement against workers/employers in illegal status need to be clearly superior to the status quo of today, in order that these measures sharply discourage both the supply and demand for illegal workers.

It will take five to ten years to get the protection and enforcement measures right, perhaps capped by Supreme Court decisions over the constitutionality of mandatory identity cards. In the past under Presidents Johnson and Reagan, the immigration reforms were sold to the public on the cheap. Border fences alone, and uniform driver licenses alone, are ideas coming from the let’s fix this cheap mindset.

Schapmire’s other concern I want to highlight deals with lack of commitment to an American way of life:


Beyond all of these it is disturbing to me that the current debate on immigration has simply centered around the economic and security aspects. These issues are, most assuredly, vital to our future. But this debate ignores one central fact: the perpetuation of our democratic republic does not depend so much on having a ready supply of workers as its existence depends on having a citizenry that is committed to our way of life. We need new residents to have not only their stomachs, but also their hearts and minds, fully invested in being Americans first. I am not personally satisfied that this is the case with some many of the people now coming to this country as illegal workers. I need only see pictures of tens of thousands of people demanding rights in the streets while waving the flags of another country.

Only 3% of Hispanic day laborers say they speak English very well. Given the vast transborder traffic in labor and jobs today, it is not clear to me if Schampire’s concerns about a immigrant working family commitment to an American way of life is translatable into a clear litmus test of commitment vs. lack of commitment.

The glue holding American society together is composed of (1) widely shared, core expectation that one’s way of life can improve, (2) access to educational resources, (3) mobility in the job market, and (4) skepticism towards ideologies. If these conditions hold, severe social isolation of groups cannot persist. I am not concerned if large numbers of Americans feel in their bones that they remain true to Mexico, Ukraine, or Laos.

November 13, 2006

Senate Bill 2612: Guest worker provisions

Following on my last posting which summarized provisions for currentl illegal workers in the Senate immigration reform bill, I look today at the guest workers provisions. My personal comments are under "PFR"


Title IV Nonimmigrant and Immigrant Visa Reforms

H-2C visa program for “up to 200,000 workers annually. (Originally the language called for 350,000 visas annually, which is the approximate number of new illegal working immigrants per year). This program provides a path towards legal permanent residence.

PFR: I bet that the 200,000 worker cap will be relaxed.

The bill establishes worker protections for the worker, including the same benefits and working conditions as similarly situated workers, workers’ compensation insurance, a provision that no H-2C worker may be treated as an independent contractor, whistleblower safeguards, and other protections.

PFR: This provision has implications going far beyond guest workers. The independent contractor prohibition means that guest workers will have privileged status over Americans, because many workers – such as FedEx drivers, are independent contractors.

Employers must petition for approval to hire H-2C workers, certifying that American workers are not available at prevailing wages.

The federal government can deny an application from an employer if (1) the work is not agricultural AND (2) the unemployment rate of non-high school graduates in the metropolitan area location of the work has an unemployment rate of at least 9%. This provision is somewhat disingenuous because the problem for this workforce not fully reflected in the unemployment rate – many of these individuals, especially blacks, have withdrawn from the job market.

Prior illegal status can be overlooked “for prior conduct” and be eligible for H-2C Status.

November 12, 2006

Senate Bill 2612: rights of current illegal workers

Immigration reform with a guest worker program may come up early next year in Congress. Let's look at what the Senate bill from this Spring says. Below is a summary of Title VI in Senate 2612, the bill passed by the Senate but stalled due to the House’s draconian, enforcement only bill. This title deals with the rights of current illegal workers. Where I comment, I start with “PFR”.

The National Immigration Forum is the source of this analysis.

There are 7.5 million illegal workers in the U.S, according to the Pew Hispanic Center. Roughly 5 million of these workers have been here for at least five years. They are allowed to stay so long as they meet the requirements for the 5 year plus workers below. Roughly 1 million have been here between two and five years. They can stay per the rules below. That leaves 1.5 million workers who are out of luck. All these figures are really soft.

Title VI Work authorization and legalization of undocumented individuals

For those in the U.S. for more than five years:

They had to have worked for at least three years during the five year period. The applicant must speak English. And, they need to pay $2,000, plus a $750 “state impact fee”, for a total of $2,750, “in addition to application fees.”

The bill’s language creates a path for these individuals to gain permanent residence status.

PFR: The 3 out of 5 years requirement will not be a problem for men, who have an employment rate estimated to be over 90%, For Hispanic women with children, the employment rate is estimated at below 60%; however, spouses and children of the principal applicant are OK.

For those in the U.S. under five years but more than two years:

These people will come under a new Deferred Mandatory Departure (DMD) status. They had to have been in the U.S. and working before 1/7/06 (this date will obviously be adjusted forward). They must pay $1,000 per application plus $500 for each spouse and child, and the applicant must also pay a $750 state impact fee. The application must be filed within six months of the first day on which the application form is made available (there appears to be no such timeliness standards for the over five year applicant).

The awardee will be able to work in the U.S. for three years. There is no clear path for these individuals to gain permanent residence status.

For those who entered the U.S. after 1/7/06:

On the face of it, these individuals must leave the U.S. However, they can apply for the AgJobs provision, which creates and agricultural worker program that includes earned legalization for undocumented farm workers. They can also apply for H-2C status (which I will describe in the next day or two).

PFR: I have posted on AgJobs before. This is a major concern of Californian farmers: they need the workers.

The dog that didn’t bark: failure of anti-immigration as a campaign position

Immigration reform with a guest worker program is on track for being one of the most important issues in 2007 -- in part because the anti-immigration candidates were beaten, across the country.

The National Immigration Forum, a pro-immigration organization, analyzed the elections results where a Senate, House or gubernatorial candidate voiced anti-immigration positions. Its assessment: “First and foremost, [the electorate] defied the pre-election conventional wisdom that had immigration emerging as the wedge issue that would help the Republicans either limit their losses or even retain control of the House of Representatives. Candidates that backed broad and practical reforms performed much better than candidates who espoused a hard enforcement-only or enforcement-first position.”

Perhaps the sentinel event was the defeat of a strenuously ani-immigration candidate in AZ. “In Arizona-8 Republican Randy Graf lost to Democrat Gabrielle Giffords by 54% - 42%. This was a closely watched race for a toss up district along the U.S.-Mexico border in a state in which immigration is the number one issue. Graf made the prophetic statement, "If this issue can't be won in this district [by hard-liners], the argument can be made that it can't be won anywhere in the country."

Further xcerpts from the Forum’s analysis…

Continue reading "The dog that didn’t bark: failure of anti-immigration as a campaign position" »

November 8, 2006

Electoral result: We'll enact a guest worker program next year

1. The House is now run by people who want it. 2. The Senate, whichever way it goes (it is 5 AM on 11/8) is even more liking it, and 3. Bush wants it. But especially, the Dems want it to court the Hispanic vote in 2008. Count on it happening next year.

November 1, 2006

Immigration reform - for 2007?

President Bush and a Congress controlled in part or whole by Democrats will most likely collaborate in passing a liberal immigration reform package, with a guest workers program.

Tamar Jacoby of the Manhattan Institute writes in the Nov-Dec issue of Foreign Affairss, sizing up the case for immigration reform that is basically pro-immigration. I have excerpted from his article,.

Here is his summary

The United States is far less divided on immigration than the current debate would suggest. An overwhelming majority of Americans want a combination of tougher enforcement and earned citizenship for the 12 million illegal immigrants in the country. Washington's challenge is to translate this consensus into sound legislation that will start to repair the nation's broken immigration system.

Continue reading "Immigration reform - for 2007?" »

October 31, 2006

Arizona, microcosm of views on immigration: candidates positions

The Christian Science Monitor ran an extensive report on how the immigration issue is playing out among Nov. 7 political; candidates. Bottom line: immigration is a big issue, but cutting both ways. Read this about polling results:

"Our surveys show that immigration is the most important issue for likely voters in this state," says Fred Solop, a political scientist at Northern Arizona University and director of the Social Research Laboratory there. But voters aren't distinguishing between competing proposals, he adds: "They just want something to be done."

And read this from the Chamber of Commerce

"Arizona is a microcosm of the nation when it comes to views on this issue. We're ground zero for the debate," says Farrell Quinlan, a spokesman for the Arizona Chamber of Commerce in Phoenix. "Our economy is growing, and a lot of industries have grown to rely on that source of labor."

And this dose of reality:

In peak migration season, more than 8,000 immigrants cross from Mexico into Arizona every day, according to the National Border Patrol Council. Many find jobs in the state's booming construction, tourism, and farm industries. But the surge in newcomers exacts a heavy toll on schools, hospitals, and law enforcement, as well as on the migrants themselves, who in summer months perish by the scores in Arizona's harsh border regions.

The article goes on….

The state's all-Republican congressional delegation - some of whom are in unexpectedly close contests for reelection - is deeply divided on the immigration issue. Sharing [retiring Republican Representative [Randy] Kolbe's [moderate] view are Rep. Jeff Flake, in the upscale Phoenix suburb of Mesa, and the very popular Sen. John McCain. They'd like to see an approach to immigration reform that includes a path to citizenship for some of the 12 million people now in the US illegally.

On the other side are Graf and Rep. J.D. Hayworth, who represents the also-upscale Fifth Congressional District in Scottsdale. They say their colleagues' plan amounts to amnesty for illegal immigrants and would reward people for breaking the law. The nation must secure its borders first, they say. Then there's Sen. Jon Kyl, up for reelection this year, who favors expanding a guestworker program but who would also require undocumented workers to leave the US before applying for citizenship.

Senator McCain's approach is to put party loyalty ahead of immigration differences. He has endorsed both Graf and Representative Hayworth, rather than candidates whose views on immigration are closer to his own. He is also stumping for Senator Kyl.

Arizona, a microcosm of views on immigration – the ballot questions

The East Valley Tribune, A Pheonix area newspaper, gave a run-down on the immigration related ballot issues for Nov.7. Republican legislatures passed bills “ranging from tough sanctions on employers who knowingly hire undocumented workers to giving law enforcement agencies the authority to arrest illegal immigrants under state trespassing laws.” Democratic Governor Janet Napolitano vetoed them all.

Here are the four ballot questions:

PROP. 103 — ENGLISH AS THE OFFICIAL LANGUAGE
Proposition 103 would declare English as the official language and prohibit some government agencies from conducting official business in other languages. The concept isn’t new to the state; Napolitano rejected a similar measure in 2005.

And in 1988, voters approved a measure declaring English the state’s official language. But it was ultimately declared unconstitutional by the Arizona Supreme Court because it was too broad and would have prevented elected officials from communicating with voters in another language.

PROP. 300 — ACCESS TO PUBLIC SERVICES
Proposition 300 would prohibit illegal immigrants from receiving in-state college tuition, state-subsidized child care and adult education services, such as English classes.

PROP. 102 — PUNITIVE DAMAGES
If Proposition 102 passes, it would amend the state constitution to prevent illegal immigrants from being awarded punitive damages in court.

PROP. 100 — BAILABLE OFFENSES
Voters also will have to decide if illegal immigrants arrested on a felony charge deserve the right to be released on bail.

October 10, 2006

I'll bet the fence is never built

Here's why:

1. Building it creates mighty bad eminent domain problems.

2. It is disliked by many border area Americans who depend on Mexican labor crossing over daily.

3. The Hispanics middle class is ever bigger, ever richer, and more politically vocal. (The number of Hispanics earning over $100,000 grew by 64% between 2000 and 2005, compared with 40% for all other groups on average.)

October 3, 2006

Ten top migration issues of 2005

According to Migration Information Source, several of the “top ten migration issues" of last year were related to U.S. immigration in general and working immigrants in particular.

The most relevant ones were:

US Immigration Reform Moves Forward
This year, members of Congress have sponsored numerous reform proposals that have pushed the debate forward and generated significant media coverage.

Temporary Work Programs Back in Fashion
The legacy of guest-worker programs has kept most Western countries from considering new schemes even when faced with low-skill labor shortages. But those attitudes began to shift in 2005.

Remittances Reach New Heights
In 2005, research into the size of remittances and their role as a development tool reached a new peak.

Growing Competition for Skilled Workers (and Foreign Students)
The intensifying competition for professionals such as doctors, nurses, and IT workers, as well as foreign university students, was on the minds of media pundits and policymakers this year.

Others were:

Challenges of Immigrant Integration: Muslims in Europe
Only recently have European politicians and public opinion leaders talked about the need to focus on the integration of immigrants and their children.

Linking Security and Immigration Controls: The Post-9/11 US Model Goes Global
Since 9/11, the United States has helped push its border inspection and security agenda and a focus on biometric solutions onto the agendas of other countries.

EU Disunion: Immigration in an Enlarged Europe
Only the UK, Ireland, and Sweden have allowed accession-state nationals to work without permits since May 1, 2004 — and hundreds of thousands from Eastern Europe have arrived.

September 23, 2006

Canada’s use of skills based point system for immigration: do we need it?

The Senate Committee on Health, Education, Labor, and Pensions held hearings on September 14 to explore the merits of skills based point system for managing much of permanent immigration. Canada has been using such a system for years. Here is what I gleaned from a presentation by Queen's University professor Charles M. Beach.

Beach said that Canada has “the highest per capita immigration rate in the world” – about 225,000 persons per years out of a population of 30 million. Our legal permanent immigration is somewhat under a million a year; Canada’s rate is over double of ours.

Canada has three immigration tracks: economic, family, and humanitarian (mainly refugees). The economic track has grown relatively to the others as Canada’s immigration rate has grown from the 1980s. The economic category accounted for 35% of immigrants in 1980, but 59% in 2000.

The country’s Citizenship and Immigration Canada (CIC) has considerable legal latitude to set target levels and make changes to the skills base system.

This system was introduced in 1967. Originally it was focused in part on trying to target immigration to meet periodic labor gaps, but that approach being cumbersome was abandoned towards a more generic skills scoring protocol. It had an effect: changes early in the 1990s led to a large increase in the rate of higher educated immigrants. The strategy: don’t fill labor shortages, but foster labor productivity and growth.

Since the mid 1990s, three factors in the scoring system dominant: education, age and French/English fluency. Maximum points for these categories respectively are a four year university degree, 21 - 49 age range, and fluency in both languages. If you get these maximum points you earn 59 of the 70 out of a 100 points you need for acceptance. Of these factors, education carries the greatest weight.


Douglas S. Massey of Princeton University also testified. I have posted on him before and find his a voice of reason. Massey noted that employment based immigration is about 20% of total American immigration. We gave much more weight to family affiliations. Canada and Australia have more employment-focused immigration policies needed to compete with the United States. We don’t need such a system. “In the long run, the primary source of America’s stock of skills, talents and education must come from investments made init sown human capital” – through education, training and research. Immigration to Massey is a “poor substitute” for investments in education and training. Massey also noted that many immigrants have problems earning enough, and that the highest educated immigrants are not necessarily the happiest. Massey recommended, in effect, an approach which balances employment focused immigration policy with one of family integration and fuller implementation of the population aspects of NAFTA.

September 22, 2006

How an ICE raid crippled a rural Georgia town

The New York Times carried an AP story of the economic and social impact of an ICE raid in a poultry plant in a small town in southeast Georgia. “This Georgia community of about 1,000 people has become little more than a ghost town since Sept. 1, when federal agents began rounding up illegal immigrants. The sweep has had the unintended effect of underscoring just how vital the illegal immigrants were to the local economy.”

More than 120 illegal immigrants have been loaded onto buses bound for immigration courts in Atlanta, 189 miles away. Hundreds more fled Emanuel County. Residents say many scattered into the woods, camping out for days. They worry some are still hiding without food. Last month, the federal government reported that Georgia had the fastest-growing illegal immigrant population in the country. The number more than doubled from an estimated 220,000 in 2000 to 470,000 last year.

My posting with Pew Hispanic data says that in early 2005 there were about 165,000 illegal immigrant workers in the state. Assuming a 65% workforce rate, 470,000 might be a stretch. OK, and so…

Since the mid-1990s, Stillmore has grown dependent on the paychecks of Mexican workers who originally came for seasonal farm labor, picking the area's famous Vidalia onions. Many then took year-round jobs at the Crider plant, with a workforce of about 900. Crider President David Purtle said the agents began inspecting the company's employment records in May. They found 700 suspected illegal immigrants, and supervisors handed out letters over the summer ordering them to prove they came to the U.S. legally or be fired. Only about 100 kept their jobs.

So it was the 100 remaining who were effectively targeted.


The poultry plant has limped along with half its normal workforce. Crider increased its starting wages by $1 an hour to help recruit new workers.

September 5, 2006

House Republicans to stop beating the immigration reform drum

This, as reported through several media in particular the New York Times, is pleasant to hear, at the very least. I suspect that the decision was made on the basis that House Republicans and Senate Republicans were at odds over immigration reform, and that the get-tough House approach ran counter to the White House's view.


August 15, 2006

Why the Basic Pilot program is a failure

Earlier this month, James Jay Carafano, Ph.D., a scholar at the Heritage Foundation, took apart the basic Pilot Program, created in 1996, as an ineffective tool to confirm legal status of workers. He proposed instead that Homeland Security be given access to IRS taxpayer files, which he says will nab employers that persistently hire illegals because it will more accurately determine fake and borrowed social security numbers. I am posting here to address the critique of the Basic Pilot Program.

The program works voluntarily by employers setting up an account with the Social Security Administration. The employer enters online the SSN number a new employee has given it. If the feds come back with a report of no match, then the employers needs to either get better proof from the worker or fire the worker.

The author notes that 10% of all submissions create mismatches. I contend that any verification program—whether to catch illegal workers, catch student truancy or confirm theater reservations – with an exception rate of 10% and is shot full of ambivalent motivations will never succeed on a big scale.

He contends:

Essentially, Basic Pilot could not and cannot identify imposters or stop unauthorized workers from creating false documentation, nor can it hinder employers from illegally hiring unauthorized workers.
Basic Pilot does not address t