David North closely analyzed the 1986 reform effort – IRCA, or the Immigration Reform and Control Act, and found lessons for today. In his paper published at an immigration lawyer website, he lists six attributes of IRCA worth noting:
1. Large numbers—often much larger than anticipated—of aliens sought legalization and the overwhelming majority of applications were accepted.
2. The compromises leading to the passage of the legislation led to an extremely complex program, full of internal inconsistencies. [This is already evident in the guest worker and amnesty provisions proposed in 2006 – PFR]
3. There was a great deal of many different kinds of fraud in the program; much of the apparent fraud did not lead to the denial of applications.
4. The promised balance—of a large legalization program for currently illegal aliens joined with a strict enforcement program against the future arrival of illegal aliens—did not eventuate. Yes, there was much legalization, but there was little enforcement of the law forbidding the employment of the undocumented (employer sanctions). [It may well be that the law enforcement system in the U.S. is so poorly acculturated to personal identity enforcement (“big brother”) that it will always be messy – PFR]
5. Within the legalization process there was a built-in (if probably unconscious) bias toward Hispanics and away from other undocumented populations. [We will see a lot of Europeans and Asian computer specialists coming out of the woodwork – PFR]
6. Demographic considerations (are there too many of us?) and equity in the labor market (are we widening the disparity between rich and poor?) were largely overlooked. [These issues have of course been much more openly addressed, especially in the past few months. There is a lot of research on these issues, serving as a foundation for books and articles. – PFR]
Category: U.S. Government
Opinions by Washington Post, NYT’s Nicholas Kristoff
I am excerpting two opinion pieces from this weekend: the Washington Post’s editorial 4/8/06, ‘Nirvana,’ Lost Thanks largely to Democrats, the Senate missed an opportunity, and Nicholas Kristoff’s column today 4/9/06 in the New York Times, “Compassion that hurts.”
The editorial says that the compromised bill was working in the right direction and that Democrats killed it. I have a problem with an unstated premise of the editorial, that the compromise bill would not be savaged on the floor of the Senate. More likely, no bill will come out of conference with the enforcement-focused House of Representatives. Sure, Democrats at the time would very much like to run in November with a partisan pro-Hispanic position and no legislation enacted with a Republican majority in Congress.
Kristoff essentially repeats arguments made and cited before by me, that massive immigration by poorly educated Hispanics are to the detriment of America’s poorly educated. (To find the several entries, search for Borjas and Camarota.)
The Washington Post’s editorial (link not available):
Continue reading Opinions by Washington Post, NYT’s Nicholas Kristoff
U.S. Senate struggles on April 6 with immigration bill compromise
The Senate this week came up with a compromise which in my judgment is doomed to fail, for at least two reasons. First, the anti-amnesty lobby wants to shred it. Second, it will be incredibly hard to enforce. To me, this is a means by some Senate Republicans to record a pro-business, pro Hispanic voter vote for a McCain-like bill before such a bill is mauled in conference committee by the House. The business lobby and Hispanic community appears to be strongly in support of the McCain-like bill as it will provides for a continuity of residence and work.
The Senate is (as of right now) proposing in effect to modify the bill approved by the Senate Judiciary Committee, which is modeled after the MeCain bill. This bill pretty much allows all illegal immigrants to stay in the country for a nominal penalty and sets them on the road to long term residency or citizenship. I addressed the Committee’s March 27 work here.
The compromise creates artificial categories of immigrants defined by duration of illegal residency so far in the U.S. The Pew Hispanic Center quickly came out with an estimate of the duration of illegal residency so far. It says it has “produced estimates of the unauthorized population according to the categories established in the legislation now before the Senate. These estimates are based on the March 2005 Current Population Survey. For a full report based on that data please go to” here.
Time in the US
Five years or more: 6.7 million
Two to five years: 2.8 million
Less than two years: 1.6 million
Total: 11.1 million
Based on analysis of other data sources that offer indications of the pace of growth in the foreign-born population, the Center developed an estimate of 11.5 to 12 million for the unauthorized population as of March 2006.
Case study of Nevada: Do immigrants take jobs from Americans?
The Las Vegas Sun talked to two immigration experts. Jeff Passel, from the Pew Hispanic Center, said the relatively high illegal worker population did not seem to have a negative impact on unemployment among citizens. Steven Camarota of the Center for Immigration Studies said that the damage is evidenced in lower workforce participation, to him a truer measure.
Per Passel, Nevada had the second-highest proportion of unauthorized workers in the nation in 2004, the state’s unemployment rate of 3.8% was one of the country’s lowest – a full point lower than the national rate of 4.8%.
( My posting here estimated the size of undocumented workforce relative to total state workforce as of March 2005. Note the high percentage for NV.)
Nearly one in 10 workers in Nevada was unauthorized in 2004, second only to Arizona, according to a recent Pew Hispanic Center report. Of the 10 states with the highest shares of illegals in the work force, seven had unemployment rates below the national average. NV’s unemployment rate of 3.8% for 2004 was a point below the national rate of 4.8%.
However, Steven Camarota says you need to look at unemployment rates just for the most impacted cohorts, such as male teenagers. In 2004 male teenagers between 16 and 19 had a 16% unemployment rate.
More importantly, one needs to look at the drop in labor force participation. In 2000, 55.1% of Nevadans between 16 and 19 were either employed or looking for work. By 2004, that number slipped to 45.8%. Among people age 20 to 24, the participation rate dropped from 81.3% to 77%. The number of blacks participating in the state’s work force fell from 71.1% to 64.9%.
Douglas Massey of Princeton: a blast of fresh air on Mexican immigrant workers
Douglas S. Massey, Princeton University professor, has closely studied Mexican immigrants and comes up with energetic, constructive interpretations of worker migration into the United. States. I will summarise several of his books. He also wrote an op-ed piece in the New York Times on Monday. One of his most intensely argued points is that border security-alone advocates hugely misperceive what the Mexican worker migration is all about. Massey’s broad view puts our immigration issues in the context of 160 million immigrants troughout the world.
Crossing the Border (2004) (co-editor)
The full title: “Crossing the Border: Research from the Mexican Migration Project” (2004). Per the review in Amazon, the book draws from “the largest, most comprehensive, and reliable source of data on Mexican immigrants currently available”. It is a myth-breaking book:
Continue reading Douglas Massey of Princeton: a blast of fresh air on Mexican immigrant workers
The Tyson Foods – illegal immigrant case: past and present.
Steve Striffler’s highly informative book, “Chicken: the dangerous transformation of America’s favorite food”, gives the story behind the indictment and trial of three Tyson Food executives for systematically hiring illegal Hispanic immigrants. I will relate in skeletal form the story. It starts with the arrival of a 20 year old man from Chihuahua into the U.S. in 1979, runs through the poultry industry boom in the 1990s, the federal indictment of and subsequent jury vote in favor of Tyson Foods, and a current effort to sue Tyson for RICO violations.
Continue reading The Tyson Foods – illegal immigrant case: past and present.
The Farmworker Justice Fund
This organization, now in its 25th year, promotes improvement in working and living conditions of farmworkers, especially immigrant migrants. It has backed AgJobs legislation, the topic of a future posting.
It’s “Pro-Farmworker Agenda” focuses on
1. Farm Labor Housing and Housing Development Capacity: Farmworkers’ low wages, reluctance to allow farmworker housing in some communities, failure to maintain existing housing, inadequate government funding and other causes have led to a crisis-level shortage of housing and inadequate sanitation.
2. Workers’ Compensation: Farmworkers continue to be discriminated against in many state regarding access to workers’ compensation for work-related injury and illness.
3. “Right to know” about toxic occupational chemicals. Farmworkers have been denied coverage under the hazard communication program of the Occupational Safety and Health Act ….We suggest a federal pilot program in several states to examine whether granting farmworkers the right to know about occupational chemicals reduces the incidence and severity of work-related illness and injury.
4. Farmers’ transition away from toxic pesticides to safer pest control methods would substantially benefit farmworkers by reducing their exposure to toxic chemicals at work.
5. Freedom of Association: Farmworkers employed in an industry substantially supported by government deserve the right to join and organize labor unions free from retaliation, but they presently lack that right. The federal National Labor Relations Act grants that right to other workers but specifically excludes farmworkers. We suggest amending the Migrant and Seasonal Agricultural Worker Protection Act, the principal federal employment law regarding farmworkers, to grant workers the right to organize, join and participate in labor unions without being discharged or discriminated against in any way by their employers or labor contractors.
6. Unemployment compensation benefits: Business difficulties and the nature of seasonal agriculture prevent many farmworkers from working year-round. Most workers in seasonal industries, such as construction and tourism, can rely on unemployment compensation if they cannot find other jobs during the off-season. a minimum, a business receiving government support should provide unemployment insurance.
7. Transportation to and from work: Many farmworkers do not own their own motor vehicles and live or work in rural areas where there is not public transportation. In many locations, a dangerous business practice has developed. Contractors take money from farmworkers and deliver them to the work site, often in dangerous vehicles, many of which are minivans that lack seats and seat belts.
8. Overtime Pay: Federal law excludes agricultural workers from the payment of time-and-one-half for work in excess of forty hours per week. In California, state law grants overtime to farmworkers after ten hours of work in a day and California remains a highly productive, profitable agricultural state.
9. A Living Wage: The federal minimum wage is utterly inadequate as a minimum wage rate, especially for seasonal employees like farmworkers, whose annual earnings average only about $7,500. A government-supported business should be expected to provide decent work, which includes compliance with all labor laws and a living wage.
David Brook’s illuminating column about immigrants
New York Times columnist David Brooks penned what may turn out to the most interesting pro-immigration argument by a moderate conservative. He says that he supports Hispanic immigration for four reasons.
“My first argument is that the exclusionists are wrong when they say the current wave of immigration is tearing our social fabric…My second argument is that the immigrants themselves are like a booster shot of traditional morality injected into the body politic. Immigrants work hard…My third argument is that good values lead to success, and that immigrants’ long-term contributions more than compensate for the short-term strains they cause…My fourth argument is that government should be at least as virtuous as the immigrants themselves.”
I have quoted his column in full:
Continue reading David Brook’s illuminating column about immigrants
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