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Bald Eagle in Anchorage, Alaska

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Saturday, December 15, 2012

Priorities for Obama's Second Term #3 -- Immigration Reform

This is the third post in a series about priorities for Congress and the second Obama Administration.
Priority #1:  The Fiscal Cliff
Priority #2:  Reducing the Federal Deficit
The third priority for President Obama’s second term is immigration reform.   Immigration reform is long overdue in this country.   It has been a major national issue for the past quarter century, but nothing has been accomplished.   We have a great divide between the parties about what should be done.  Democrats favor liberalizing our immigration policies, whereas Republicans literally want to build a wall at our borders.  It is time to resolve our political disputes, and do what is right for the human dignity and safety of the immigrant population within our borders, for the aspirations of their children, and to offer merit-based opportunity to foreign students and others who wish to join us. 

Our immigration policies would better serve the interests of our country by providing better opportunity to immigrants. 

Illegal Immigrants in America
Let’s begin with our most intractable problem, our illegal immigrant population.  There are about 11.5 million illegal immigrants in America.  Of these, about 60 percent are of Mexican origin.   Most illegal immigrants are long-term residents of the United States; 86% of them have lived in the U.S. since before 2005.   Illegal immigrants comprise more than 5% of the U.S. workforce.   Because of their illegal status, these immigrants lack the basic protection of our society; they are fearful to contact police and are subject to exploitation.

Amnesty for illegal immigrants has been provided in the past.  The largest single amnesty was conducted in 1986, during Ronald Reagan’s administration.  At that time 2.9 million illegal immigrants were given legal residency in America.  There have been at least six other amnesty programs since then, targeting particular groups of illegal immigrants for reasons of political or economic asylum.   Critics of amnesty programs say that amnesty only encourages another generation of illegal immigrants to cross our borders.  It is impossible to judge the validity of this argument.  It may be true, partly true, or incorrect.

The Republican response to the illegal immigrant problem was represented well by Mitt Romney.    Romney (and others) propose building a 2000-mile fence along the border with Mexico.  This would be about 20 times the length of the Berlin Wall.  Romney recognizes that it is impossible to “round up” twelve million people, but proposes to make life in America impossible for illegal immigrants, causing them to “self-deport”.   Romney proposes to require employers to verify the citizenship of their employees, forcing illegal immigrants out of work, and expecting them to “return home".

Romney and the Republicans seem oblivious to the fact that this would cause a humanitarian crisis of unimaginable proportions.  There is no other home for illegal immigrants.  These are long-term residents of the United States; their home is here.  They have no house, no apartment, no work and perhaps no relatives in their home country.  Nor does Mexico, or any other country of origin, have the capacity to absorb this population of economic refugees.  It would be equivalent to re-locating the entire populations of Wyoming, Vermont, North Dakota, Alaska, South Dakota, Delaware, Montana, Rhode Island, New Hampshire, Maine, Hawaii, and Idaho, to a place with no infrastructure or jobs to absorb that population.  It does not matter whether the immigrants are forcibly deported or “self-deport”.   They have no place to go.  When Romney proposed this plan through the course of several candidate debates, I do not understand why someone did not call in a loud and strident voice “FOR SHAME!”

President Obama supports two proposals regarding illegal immigrants.   The first is the Dream Act, legislation originally proposed in 2001 to provide a path to citizenship for the children of illegal immigrants who succeed in American schools or participate in our military.   This legislation was blocked by Republicans in the 2010 Congress.  Following Obama’s re-election, some Republicans proposed a watered-down version of the same legislation, hoping to curry favor with Hispanic voters.   A compromise version of the legislation will probably be adopted in 2013.   President Obama also supports a broader path to citizenship for all illegal immigrants.  Obama suggests that illegal immigrants pay a fine and demonstrate fluency in English to be granted legal residency and a long-term path to citizenship.  This proposal will be more contentious.  The Republican Party has spent twenty years building a position opposing illegal immigrants; it will be difficult for the party to reverse course

Legal Immigration to the United States
About one million immigrants are granted legal residency in the United States every year.  The number of total immigrants has been fairly stable since 2001.  Here are the categories of legal immigrants in 2011:
Total
Family-sponsored preferences
Employment-based preferences
Immediate relatives of U.S. citizens
Diversity
Refugees
Other
1,062,040
234,931
139,339
453,158
50,103
168,460
16,049

Family Reunification
Family reunification has long been the centerpiece of American immigration policy.  Until the late 1950s, America’s immigration policy allowed legal immigrants to extend immigration to only spouses and minor children of immigrants.  Since then, however, immigrants have been able to sponsor parents, siblings, and adult children.   This policy has not only come to represent nearly half of all legal immigrants, but has created a backlog of fifteen to twenty years for immigrants of this category.

Employment-Based Preferences
This generally refers to immigration sponsored by an employer.  Many U.S. companies, and foreign companies operating in the United States are multi-nationals.  These companies often find it necessary to transfer employees to locations where their experience and specialized knowledge are needed.  When I worked for a U.S.-based multi-national company, the most difficult country to transfer employees was the United States.  To transfer Americans to another country was simple; to transfer foreign employees to America was a circus.  The process was complex, involving months of legal shenanigans and meaningless procedures to justify a simple transfer of a company employee.

Diversity
For aspiring immigrants without sponsorship by family members, an employer, or refugee status, the only option is the Diversity category of immigration.   Every year a small number of immigrants are selected through a random lottery.  About 25,000 immigrants are selected as winners, out of an applicant pool of about 9 million; the remainder of the allotted 50,000 quota are filled by spouses and children of the winning applicants.  The odds of successful immigration are somewhat less than three-tenths of one percent.  In other words, immigration to the United States without special connections is virtually impossible.

There is no part of the United States immigration process based on merit.

Conclusion
Over the next four years, the Obama administration should set a priority to reform American immigration policy.   Goals should be to provide protection and human dignity to all immigrants; to provide merit-based opportunity to those who wish to become Americans, and to serve our country’s interests in obtaining high-quality workers in our industries.  New policies should provide legal residency to most of our long-term illegal immigrant population, should provide merit-based opportunity for immigration, and should serve American industry by allowing companies to hire the foreign workers needed in our economy.
1)  Establish legal residency for our illegal immigrant population.
2)  Provide a path to citizenship for immigrants brought into the country as children.
3)  Provide opportunity for the best foreign students earning degrees at U.S. universities to legally remain in the U.S.
4)  Provide merit-based opportunity for general immigration, in addition to the current diversity lottery system.
5)  Simplify the process for U.S. companies and multi-nationals to transfer employees to the United States, for temporary or permanent assignments.
6)  Reduce the number of adult relatives of U.S. citizens granted permission to immigrate, in order to accommodate larger numbers of merit-based immigrants.

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References

11.5 Illegal Immigrants in the US in 2011, population unchanged from 2010.
Of the current population, only 14 percent entered since 2005.
Mexicans are 59 percent, but 68 percent of arrivals since 2000.
Achieve Act.
Applies to young people who were brought to the United States before the age of 14, and currently under the age of 32.  Must have earned a college degree or be working on a college degree, or have served in the military.  Does not grant a path to citizenship, only legal residency.   Denies any government benefits.
Might apply to as many as 1.2 million immigrants.
Of the 11.5 million illegal immigrants, 8 million are in the workforce, or 5.2 % of the workforce.
There are 2.1 million Illegal immigrants between the ages of 12 and 35  Obama’s proposed “Dream” act.    However, other provisions of the legislation would restrict benefits to only about 825,000, because many of the immigrant children did not receive enough education, speak English fluently, live in poverty or are already in the workforce.
Seven amnesty laws have been passed since 1965.
Interview with Mitt Romney and Newt Gingrich, following one of the primary debates.
More Romney “self-deportation”.  Romney calls for an undefined “transition period” in which immigrants would be allowed to work here legally, but would later be required to leave.
672,000 foreign students in US colleges and universities in 2008-9.  New international student enrollments rose by double-digits in 06 through 09 (8%, 10%, 16%).
Top sending countries were China, India, S. Korea, Canada, and Japan.
International students contribute $17.8 billion to the US economy.
Foreign (non-immigrant) college enrollment).
2010 :  691,000, increase from 286,000 in 1980.
2010:  20.55 million total.   7.849 million part-time/12.701 million full-time students.
Male:  8.904 total .              3.172 million part-time/5.732 million full-time students    64% full-time.
Female:  11.645 total.         4.678 million part-time/6.967 million full-time students.   60% full-time.
International students increased to 764,000 in 2011/12 school year.  Continuing increases indicated by surveys in 2012.
International students less than 4% of total US higher education.
194,000 students from China; dramatically increased from about 60,000 in 2007.
Women comprise 44 percent of international students; steady increase from 81 to 01, fairly flat since then.
STEM fields 41%; business and management 22%.
International students contributed $22 billion to US economy in 2011.
Women:  64% of US study abroad students.
Every year, over 50,000 illegal immigrant children graduate from US high schools.  These students are unable to receive state aid to attend higher education.
Limited temporary employment permission is available to international students for the purpose of additional training.
Student visas.
The INS exercises close control on international students.   Employment can only be limited to on-campus work.
Self-explanatory.
Many articles and blogs.
House of Representatives voted to eliminate the visa lottery Dec. 4, 2012.
Right-wing view of tech immigration.   The visa lottery issues 55,000 “diversity” green cards annually, under a random process (by country?).
Immigration statistics.
Over 1 million people obtained permanent legal immigrant status in 2011.   Over 1 million per year since 2001, except 2003 & 2004.

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