Large Los Angeles immigration rally echoed protests about Proposition 187 in mid 1990s

On Saturday, March 25, a huge, largely Hispanic attended rally in Los Angeles protested anti-illegel immigrant proposals in Congress. Some compared the rally to Hispanic protests against a mostly Republican-backed crack-down law passed by California in 1994, which a federal court later overturned. As noted below, Prop 187 had “devastating impact” on Republican access to Hispanic votes.
As reported by the Los Angeles Times,

A crowd estimated by police at more than 500,000 boisterously marched in Los Angeles on Saturday [March 25] to protest federal legislation that would crack down on undocumented immigrants, penalize those who help them and build a security wall along the U.S.’ southern border. Los Angeles Mayor Antonio Villaraigosa briefly addressed the rally. “We cannot criminalize people who are working, people who are contributing to our economy and contributing to the nation,” Villaraigosa said.

Spirited but peaceful marchers — ordinary immigrants alongside labor, religious and civil rights groups — stretched more than 20 blocks along Spring Street, Broadway and Main Street to City Hall, tooting kazoos, waving American flags and chanting, “Sí se puede!” (Yes we can!). Saturday’s rally…. coincides with an initiative on the part of the Roman Catholic Church, spearheaded by Cardinal Roger M. Mahony, archbishop of Los Angeles, to defy a House bill that would make aiding undocumented immigrants a felony. And it signals the burgeoning political clout of Latinos, especially in California.

“There has never been this kind of mobilization in the immigrant community ever,” said Joshua Hoyt, executive director of the Illinois Coalition for Immigrant and Refugee Rights. “They have kicked the sleeping giant. It’s the beginning of a massive immigrant civil rights struggle.”

Largely in response to the [immigration] debate in Washington, hundreds of thousands of people in recent weeks have staged marches in more than a dozen cities calling for immigration reform. In Denver, police said Saturday that more than 50,000 people gathered downtown at Civic Center Park next to the Capitol to urge the state Senate to reject a resolution supporting a ballot issue that would deny many government services to illegal immigrants in Colorado. Hundreds rallied in Reno, the Associated Press reported. On Friday, tens of thousands of people were estimated to have staged school walkouts, marches and work stoppages in Los Angeles, Phoenix, Atlanta and other cities. In addition, several cities, including Los Angeles, have passed resolutions opposing the House legislation. At least one city, Maywood, declared itself a “sanctuary” for undocumented immigrants.

Proposition 187
Californian Hispanics may be smarting from the attempt, Repblican-led, to crack down illegal immigrants . Wikipedia recounts this 1994 legislative adventure as follows:

California Proposition 187 was a proposition introduced in California in 1994 to deny illegal immigrants social services, health care, and public education. A number of people and organizations were involved in bringing it to the voters. It was introduced by assemblyman Dick Mountjoy (Republican from Monrovia, California) as the Save Our State initiative. It passed with 59% of the vote, but was overturned by a federal court.

Proposition 187 included several additions to the law, falling into two categories.

* All law enforcement agents who suspect that a person who has been arrested is in violation of immigration laws must investigate the detainee’s immigration status, and if they find evidence of illegality they must report it to the attorney general of California, and to the federal Immigration and Naturalization Service (INS). Local governments are prohibited from doing anything to impair the fulfillment of this requirement. The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.

* No one may receive public benefits until they have proven their legal right to reside in the country. If anyone applies for benefits and is suspected by government agents of being illegal, those agents must report in writing to the enforcement authorities. Emergency medical care is exempted as required by federal law but all other medical benefits have the same test as above. Primary and secondary education is explicitly included.

The LA Times’ story went on:

Some Republicans fear that pushing too hard against illegal immigrants could backfire nationally, as with Proposition 187. Strong Republican support of that measure helped spur record numbers of California Latinos to become U.S. citizens and register to vote. Those voters subsequently helped the Democrats regain political control in the state. “There is no doubt Proposition 187 had a devastating impact on the [California] Republican Party,” said Allan Hoffenblum, a Republican political consultant. “Now the Republicans in Congress better beware: If they come across as too shrill, with a racist tone, all of a sudden you’re going to see Republicans in cities with a high Latino population start losing their seats.”

Study asserts H-1B visa program undercuts American computer programmers

The Center for Immigration Studies just released a critique of the H-IB visa program. The core message of the study is that employers use the visa program to hire professional workers at wages well below the actually prevailing wages of comparable workers – despite a statutory prohibition. I have entered below the executive summary of “The Bottom of the Pay Scale: Wages for H-1B Computer Programmers” by John Miano and, following that, a useful primer of the program from his study.
H-1B visas by occupation are computer 28%, education 14%, administrative 13%, engineering 12%, health 9%, managers 8%, all others 18%. Visas by country of origin are mainland India 36%, China 9%, Canada 5%. all others 50%.
Executive Summary
The temporary visa program known as H-1B enables U.S. employers to hire professional-level foreign workers for a period of up to six years. Employers must pay H-1B workers either the same rate as other employees with similar skills and qualifications or the “prevailing wage” for that occupation and location, whichever is higher….The analysis demonstrates that…actual pay rates reported by employers of H-1B workers were significantly lower than those of American workers. ….[R]ather than helping employers meet labor shortages or bring in workers with needed skills, as is often claimed by program users, the H-1B program is instead more often used by employers to import cheaper labor.
Key Findings
On average, applications for H-1B workers in computer occupations were for wages $13,000 less than Americans in the same occupation and state.
Wages on approved Labor Condition Applications (LCAs) for 85% of H-1B workers were for less than the median U.S. wage in the same occupations and state.
Applications for 47% of H-1B computer programming workers were for wages below even the prevailing wage claimed by their employers.
Employers can easily manipulate their need to show that the H-1B worker will be paid a prevailing wage. The Department of Labor is hamstrung in enforcing more rigor into this part of the application process.
Employers making applications for more than 100 H-1B workers had wages averaging $9,000 less than employers of one to 10 H-1B workers.
The report goes on to say that many U.S. employers use “bodyshops” (labor service providers) for H-1B workers, thereby making it easier for the employer to obscure how it may be firing American workers in order to hire H-!B workers. And the report says that any investigation of H-1B abuses must be personally approved by the Secretary of Labor.
A primer of H-1B visa program

Continue reading Study asserts H-1B visa program undercuts American computer programmers

Senate Committee approves McCain bill on March 27

The Washington Post reported that the Senate Judiciary Committee voted 12 to 6 in favor of the McCain bill, which combines a guest worker program, citizenship options, and immigration enforcement. The voting took place under a strict deadline imposed by Senate Majority Leader Bill Frist, and as demonstrations erupted across the country against tough enforcement of immigration laws. The 12 vote majority included 4 Republicans (Specter, Graham, Brownback and DeWine and all 8 Democrats.
The Post described the amended legislation as follows:

The panel’s bill would allow the estimated 11 million illegal immigrants in this country to apply for a work visa after paying back taxes and a penalty. The first three-year visa could be renewed for three more years. After four years, visa holders could apply for green cards and begin moving toward citizenship. An additional 400,000 such visas would be offered each year to workers seeking to enter the country.

Senators also accepted a proposal by Sen. Dianne Feinstein (D-Calif.) that would offer 1.5 million illegal farmworkers a “blue card” visa that would legalize their status. The committee also accepted a provision by Sen. Richard J. Durbin (D-Ill.) that would shield humanitarian organizations from prosecution for providing more than simple emergency aid to illegal immigrants, rejecting an amendment by Sen. John Cornyn (R-Tex.) to require humanitarian groups providing food, medical aid and advice to illegal immigrants to register with the Department of Homeland Security.

The Post described popular demonstrations:

At least 14,000 students stormed out of schools in Southern California and elsewhere yesterday, waving flags and chanting to protest congressional actions. About 100 demonstrators, including members of the clergy, appeared at the Capitol yesterday in handcuffs to object to provisions in the House bill that would make illegal immigrants into felons and criminalize humanitarian groups that feed and house them. More than a half-million marchers protested in Los Angeles on Saturday, following protests in Phoenix, Milwaukee and Philadelphia.

Paul Krugman on immigration reform

The New York Times columnist and economist Paul Krugram, expresses today deep his caution on immigration reform and a guest worker program. In “North of the Border,” he writes that a guest worker program will likely have the effect of creating a formal sub-class of non-voting workers. Repeating some content some of my prior postings, Krugman writes:

First, the net benefits to the U.S. economy from immigration, aside from the large gains to the immigrants themselves, are small. Realistic estimates suggest that immigration since 1980 has raised the total income of native-born Americans by no more than a fraction of 1 percent.

Second, while immigration may have raised overall income slightly, many of the worst-off native-born Americans are hurt by immigration — especially immigration from Mexico. Because Mexican immigrants have much less education than the average U.S. worker, they increase the supply of less-skilled labor, driving down the wages of the worst-paid Americans. The most authoritative recent study of this effect, by George Borjas and Lawrence Katz of Harvard, estimates that U.S. high school dropouts would earn as much as 8 percent more if it weren’t for Mexican immigration.

Krugman ends with these comments about Bush’s guest worker plan:

Meanwhile, Mr. Bush’s plan for a “guest worker” program is clearly designed by and for corporate interests, who’d love to have a low-wage work force that couldn’t vote. Not only is it deeply un-American; it does nothing to reduce the adverse effect of immigration on wages. And because guest workers would face the prospect of deportation after a few years, they would have no incentive to become integrated into our society.

What about a guest-worker program that includes a clearer route to citizenship? I’d still be careful. Whatever the bill’s intentions, it could all too easily end up having the same effect as the Bush plan in practice — that is, it could create a permanent underclass of disenfranchised workers.

We need to do something about immigration, and soon. But I’d rather see Congress fail to agree on anything this year than have it rush into ill-considered legislation that betrays our moral and democratic principles.

Immigration bill debate heats up in Washington; filibuster threatened

Both the Washington Post and the New York Times had front page articles today in the immigration debate in Congress. A bush proposal for a guest worker program is still very much alive; so are proposals from McCain, Specter and Frist. The McCain and Specter bills have guest worker provisions; the Frist bill is focused on closing the Mexican-U.S. border to illegal workers, which are now 7.5 million in number.
Rep. Jim Kolbe (R-Ariz.) said to the Associated Press, “Rarely have I seen an issue that divides people so clearly, with so little possibility of seeking a middle ground.” The article printed in the Washington Post refers to the illegal immigrant debate as “an early battle of the 2008 presidential campaign, as his would-be White House successors jockey for position ahead of next week’s immigration showdown in the Senate…. Sen. Johnny Isakson (R-Ga.) announced that he will not accept [a guest worker] program until “we have proven without a doubt that our borders are sealed and secure. At the same time, Senate Minority Leader Harry M. Reid (D-Nev.) promised this week to filibuster Frist’s enforcement-only bill.”
The New York Times, also today, says that Bush said Thursday that his message is: ”If you are doing a job that Americans won’t do, you’re welcome here for a period of time to do that job”… “The president is working hand-in-hand with employers who want cheap labor to clean hotel rooms, pick crops and do other tasks that they say keep their businesses competitive. Senate Majority Leader Bill Frist, R-Tenn., says he understands those economic issues, but his focus is on the main concern voiced by the social conservatives — national security.
”The most important thing is that we keep our borders safe, we keep America safe,” said Frist spokeswoman Amy Call. ”It’s obvious there are drugs, there are criminals coming through those borders. There are also people from known terrorist organizations coming through those borders.”
The Times article goes on: Three-quarters of respondents to a Time magazine poll in January said the United States is not doing enough to keep illegal immigrants from entering the country. Roughly the same amount said they favor a guest worker program for illegal immigrants, but 46% said those workers should have to return first to their native countries and apply. About 50% favored deporting all illegal immigrants.”

Washington Post columnist: “We don’t need guest workers”

Robert Samuelson in the 3/22/06 edition of the Washington Post argues that a guest worker program will lock more poor workers into the American economy, taking jobs away from Americans and disincenting employers from making labor saving improvements. He cites as an example the California tomato industry as one which innovated after cheap labor Mexican labor dried up. Two comments: 1. A guest worker program such as the McCain or Specter bill will increase the cost of immigrant labor, thus to some extent rebalancing the labor costs which Samuelson sees as having gone askew. 2. He does not address what we do with today’s 7.5 million undocumented workers.
Below are some excerpts.

Economist Philip Martin of the University of California likes to tell a story about the state’s tomato industry. In the early 1960s, growers relied on seasonal Mexican laborers, brought in under the government’s “bracero” program. The Mexicans picked the tomatoes that were then processed into ketchup and other products. In 1964 Congress killed the program despite growers’ warnings that its abolition would doom their industry. What happened? Well, plant scientists developed oblong tomatoes that could be harvested by machine. Since then, California’s tomato output has risen fivefold.

We’d be importing poverty. Since 1980 the number of Hispanics with incomes below the government’s poverty line (about $19,300 in 2004 for a family of four) has risen 162 percent. What we have now — and would with guest workers — is a conscious policy of creating poverty in the United States while relieving it in Mexico.

It’s a myth that the U.S. economy “needs” more poor immigrants. They’re drawn here by wage differences, not labor “shortages.” In 2004, the median hourly wage in Mexico was $1.86, compared with $9 for Mexicans working in the United States, said Rakesh Kochhar of Pew. With high labor turnover in the jobs they take, most new illegal immigrants can get work by accepting wages slightly below prevailing levels.

Hardly anyone thinks that most illegal immigrants will leave. But what would happen if new illegal immigration stopped and wasn’t replaced by guest workers? Well, some employers would raise wages to attract U.S. workers. Facing greater labor costs, some industries would — like the tomato growers in the 1960s — find ways to minimize those costs. As to the rest, what’s wrong with higher wages for the poorest workers? From 1994 to 2004, the wages of high school dropouts rose only 2.3 percent (after inflation) compared with 11.9 percent for college graduates.

Business organizations understandably support guest worker programs. They like cheap labor and ignore the social consequences. What’s more perplexing is why liberals, staunch opponents of poverty and inequality, support a program that worsens poverty and inequality. We’ve never tried a policy of real barriers and strict enforcement against companies that hire illegal immigrants. Until that’s shown to be ineffective, we shouldn’t adopt guest worker programs that don’t solve serious social problems — but add to them.

Bill Gates on H1B visas; Manhattan Institute on immigration reform

In keeping track of published opinions about immigration reform, I will cite from a 3/21/06 David Broder column on Bill Gates’ efforts to increase temporary professional work visas, and from a 3/15/06 Wall Street Journal column by a conservative think tank about immigration reform. Bottom line messages: liberalize immigration. The only problem: no politician wants to be accused of somehow backing an amnesty program, and their panic about this means that all immigration liberalization is stalled.
Gates wants a lot more foreign programmers here. He says there is a tight employment market now for computer and mathematical operators (less than 3% unemployment rate), and wants to ceiling on temporary professional worker visas to go from 65,000 to 115,000. An H1B visa holder is a “specialty worker” admitted for a temporary term (including extension possibilities) on the basis of professional education, skills, and/or equivalent experience. In 2003, the ceiling went from 195,000 to 65,000.. I have previously posted a plea by the chairman of Intel to raise the H1B ceiling.
The Manhattan Institute fellow, Tamar Jacoby, in “Bitter Sweet Spot,” says we need to do something about “an underground economy the size of Ohio that makes an ass of the law and endangers our security.” However, Jacoby is clearly at a loss as to how Congress will pass legislation allowing most or all illegal immigrants to stay and not have that called amnesty.
That is a rock upon which no Republican wants to run his or her boat — which is what happened in the past 48 hours to Senator Frist. Out of the blue he proposed a get tough bill without solving the long term status of illegal immigrants, and was slapped down by Senator Specter, intent on getting his own bill through. I posted already an analysis of the worker protections in the Specter bill.
Jacoby sharply critiques the Specter bill because while it provides as the McCain bill does for an adjustment from undocumented worker to form guest worker status, the Specter bill keeps the work permanently in guest status, not offering a citizenship path.
Follow her essentially liberal reasoning:

Continue reading Bill Gates on H1B visas; Manhattan Institute on immigration reform

Stalemate for Immigration reform this year?

Per the 3/17/06 Christian Science Monitor (link not available),”Steven Camarota [research director for the Center for Immigration Studies] doubts that Congress will agree on an immigration bill this election year. He sees too great a divide between the views of “elites” and the “public” over the economic and social merit of a massive inflow of foreigners. A legislative stalemate would result in a continuation of what a study for the conservative Heritage Foundation calls “a policy of benign neglect.”

The elites, including business leaders, would like an amnesty for the nearly 12 million illegal immigrants in the United States – though it wouldn’t be called an amnesty but a “guest worker program,” perhaps. They welcome cheap immigrant labor. Contrariwise, polls show the public is strongly opposed to letting undocumented immigrants (many with fake papers) obtain citizenship.

The Republican Party is divided on how to deal with the issue, making a resolution even less likely. Democrats are also divided, but they can just sit back and watch the fuss. Fear of terrorism has led to more calls for reform. Almost four of every 100 people in the country today sneaked across the borders or overextended their visa, according to numbers in a new Pew Hispanic Center report. Some 850,000 illegal immigrants have entered the country annually for each of the past six years. If so many illegals can get in, the theory goes, couldn’t terrorists use the same routes and get in as well?

On Dec. 16, the House passed a tough border-security bill. It includes a 700-mile fence along the Mexican border, the first-ever criminal penalties for illegals, and a requirement that businesses check the status of new hires on a federal electronic database. If enforced, the bill could stem the flow of new illegal immigrants. If Mexicans, Central Americans, and others can’t get jobs in the US, they won’t come. The Senate is still working on legislation. But proposals include a guest-worker program that would include what Mr. Camarota regards as amnesty in disguise for illegals living here now.

In rich nations, no program of guest or temporary workers has ever led to such workers going home after their time was up. To think they will is “just silly,” Camarota says. In Germany, most Turkish “guest” workers have remained. The same is true of South Asians in Britain and North Africans in France. If a tough law is passed to limit illegals, any plan to send them home would not be enforced, Camarota predicts. Politically powerful business and religious groups would block such action. Making matters more difficult, illegals bear some 380,000 children a year. These babies become US citizens automatically.

Sen. Specter Guest Worker bill to expand foreign worker programs for professionals

Per Schusterman’s Immigration Update, these are (1) Employment-Based (EB) Immigration — the “green card” permanent immigration program. A current cap of 140,000 would be raised to 290,000 per year. The other (2) is the H-1B non-immigration program. The cap is now 65,000. It would be to 115,000 annually. Thereafter, the cap would be controlled by a “market based escalator mechanism”. However: persons with advanced degrees in math, science, technology and engineering would be exempt from the cap.
EB in depth: See for a for in-depth treatment by Stephen Yale-Loehr and Michael J. Bayer. An excerpt:

The U.S. immigration system has five employment-based (EB) immigrant visa categories that allow up to 140,000 people a year obtain permanent residence (also known as “green cards”) in the United States through their work or skills. These categories are set forth in the Immigration and Nationality Act (INA), which codifies most but not all U.S. immigration laws. This article summarizes the five employment-based categories.

The INA gives first preference to “priority workers,” including noncitizen workers of extraordinary ability, outstanding professors and researchers, and multinational executives. Second preference goes to professionals with advanced degrees and workers with exceptional ability in the sciences, arts, or business. The third employment-based category includes professionals without advanced degrees, skilled workers, and unskilled workers. The fourth EB category provides visas for certain “special immigrants,” such as religious workers. Finally, the fifth EB category reserves a certain number of visas for immigrant investors seeking to enter the United States to start a commercial enterprise that will create or save at least 10 jobs for U.S. workers.

The H1B program is overviewed here.

Continue reading Sen. Specter Guest Worker bill to expand foreign worker programs for professionals

More than 70% of Congress supports a guest worker program

According to The Washington Times, 3/4/06, “The National Journal Insiders Poll, a survey of members of Congress, found both parties are ready to accept a plan that would allow more foreigners to legally come to work in the United States. Support was 73% among Republicans and 77% among Democrats.”
In July the Insiders Poll found that immigration and border security topped the list of issues ‘most on the minds of your constituents these days’ for Republicans in Congress. In that poll, 17 of 37 Republicans put immigration tops, far above the No. 2 issue of the economy. For Democrats, though, immigration was at the top of the list for just two of the 35 members who responded.