MPI releases data on merit based point systems for immigration

The Migration Policy Institute, a non-profit think tanks that studies global migration and refugee policies , has released a report that sheds some additional light on the proposed "merit system" contained in the compromise immigration reform legislation now being debated in the Senate.

The report, authored by the Institute's President, Demetrios Papademetriou, who is viewed as a leading expert on the use of point systems internationally and has advised more than 20 countries on their immigration policies, looks at how point systems work in general, and more importantly examines recent US immigration trends to see how various immigrant groups from around the world would be effected by the new proposal.

The MPI backgrounder titled, "Proposed Points System and Its Likely Impact on Prospective Immigrants", looks at the current demographic data on the foreign born in the United States as it relates to the immigrant selection criteria expected to be part of "merit system" proposal. These include age, educational attainment, occupation, English proficiency, and labor force participation.

In the report, Papademetriou sets four criteria by which to judge the effectiveness of any point based system:

Things To Watch For

At the end of the day, points selection systems are a bit like government budgets: They tell the reader where a government and a society’s priorities lie. The following are the things to watch for in that regard:

1. The “pass mark,” that is, the points total one would have to earn in order to be admitted to the United States. Setting a high pass mark would likely disqualify applicants with fewer formal skills and less education  but skills which may nonetheless be essential. If the pass mark is allowed to fluctuate (the term of art is “float”) those with the highest formal qualifications and degrees will crowd out all others.

2. The overall number of visas allocated to points selected immigrants. The supply of visas would always be lower than the demand for them by people eager to come to the United States. However, if the number of visas allocated and the difficultly of obtaining sufficient points for entry are not aligned, and not all who earn enough points to qualify for visas can obtain them, the immigration system would once again become clogged by large and growing backlogs.

3. The internal distribution of points—both the categories chosen but, more importantly, the weight distribution within each category. Allocating many points for education but few for employment in high-demand occupations such as carpenters and home health aides, for example, would skew the immigration system toward the high-skilled. Allocating many points for age (youth) or for participation in a proposed apprenticeship program but fewer for employment in a specialty occupation requiring a college degree would skew immigration toward the low skilled. Small changes in the allocation of points could have very large ramifications for the composition of immigrants granted entry through a merit-based system.

4. Mechanisms for revising or adjusting the system. Many of the current problems in the US immigration system – visa supply being out of line with labor force supply and demand, high rates of illegal immigration, persistent backlogs, and systemic delays  all have roots in the inflexibility of the current immigration system. Revisions to the immigration system can happen more quickly and with less national anguish if flexibility is built into the statute and Congress does not need to revisit immigration law on a regular basis in order to update laws to match constantly changing social, economic, and demographic realities. The qualifications desired of immigrants in 2009 may not be the qualifications desired in 2012 or 2020, so the ability to review the points system and revise as needed/desired would become crucial.

Proposed Points System and Its Likely Impact on Prospective Immigrants, Immigration Policy Institute

In light of MPI's criteria for effective point systems, we must look at exactly what has been proposes in the current legislation.

The proposed merit system is intended to replace the current "employment based" system for allotting green cards which has relied on employer sponsorship as well as other criteria for determining eligibility. Under the proposed legislation the current number of employment based green cards of 140,000 would be replaced as follows:

Merit worldwide ceiling: Sets 3 different worldwide ceiling levels.

First five fiscal years post-enactment will be set at the level made available during FY05 ( 247K).

• 10K set aside for exceptional Y guestworker visa holders (although Y program won’t be up and running for at least 18 months – 2 years)


• 90K set aside for reduction of employment-based backlog existing on date of enactment


Next 3 or 4 fiscal years (until first undocumented Z visas can start adjusting), sets level at 140K

• 10K set aside for exceptional Y visa holders


• 90K set aside for employment-based reduction of backlog existing on date of enactment


Once undocumented start adjusting (outside the worldwide ceilings), sets level at 380K

• 10K set aside for exceptional Y visa holders

These future green cards would then be issued using the following merit based point criteria:

Section 502. Merit-Based Evaluation System for Immigrants

Eliminates employment preference categories 1, 2, and 3 and replaces it with a merit-based preference system.

Eliminates the labor certification process. Maintains the special immigrant and EB-5 categories but cuts their numbers (total of 7,000 available annually).

Merit points are initially assigned as follows with a total of 100 points that could be earned:

Employment: 47 maximum total points can be earned for:

• U.S. employment in a specialty occupation (20 points)


• U.S. employment in a high demand occupation (16 points)


• U.S. employment in a science, technology, engineering, mathematics (STEM) or health-related field, current for at least one year (8 points)


• From employer willing to pay 50% of LPR application fee: U.S. job offer or U.S. employer attestation for current employee (6 points)


• U.S. work experience (2 points per year/10 points max)


• Age of worker between 25-39 (3 points)

Education: 28 maximum total points can be earned for:

• Advanced Graduate degree (20 points)


• Bachelor’s degree (16 points)


• Associate’s degree (10 points)


• High School diploma/GED (6 points)


• Certified vocational degree (5 points)


• DOL registered apprenticeship (8 points)


• Associate’s degree or above in STEM field (8 points)

English/Civics: 15 total points can be earned for:

• Native English speaker or TOEFL score 75 or above (15 points)


• TOEFL score 60-75 (10 points)


• Pass USCIS Citizenship test in English and civics (6 points)

Extended Family: for those with total of 55 or above in above categories, 10 total points can be earned for:

• Adult (21 or over) child of USC (8 points)


• Adult (21 or over) child of LPR (6 points)


• Sibling of USC or LPR (4 points)


• Visa application in any category above after May 1, 2005 (2 points)

In addition, the following allocation has been set aside for the new Z visa category:

Agricultural Work: 25 total points can be earned for:

• Agricultural work for 3 years, 150 days/year (21 points)


• Agricultural work for 4 years, 150 days for 3 years, plus 100 days for 1 year (23points)


• Agricultural work for 5 years, 100 days per year (25 points)

U.S. Employment: 15 total points can be earned for:

• 1 point per year of lawful U.S. employment

Home Ownership: 5 total points can be earned for:

• 1 point per year of ownership of place of residence in U.S.

Medical Insurance: 5 points total can be earned for:

• Current medical insurance for entire family (5 points)

Gives DHS authority to establish regulations regarding petition process for merit-based system and creates a standing commission on immigration and labor markets for evaluating the relative weighting and selection criteria included in the point system. Petitions that have not been granted within a 3 year period are deemed denied.

Section-by-Section Summary of the Senate “Grand Bargain” Bill , AILA

Given the details as presented thus far in the legislation it has obviously not met MPI's first test. The legislation makes no mention whatsoever of a "pass mark" or how these points are to be evaluated. Are the top 140,000 applicants in a given fiscal year to be accepted? Is there a minimum "grade" that must be attained? Will the "pass mark" float? These are all questions that should be answered in the legislation before any serious consideration of this proposal can be made.

So just how will this merit system effect future immigration patterns?

MPI looked at the demographic data from recent immigration and found that the merit system as written will favor certain immigrant groups while making it much more dificult for others to enter.

Some Initial Observations From The Data

The question everyone is trying to answer can be posed most simply (and directly) as follows: In applying the new admissions’ criteria to those who entered during the past 15 years, what would the impacts be on groups with different skill and education mixes?

Immigrants from many Asian countries would likely fare well under a points system as it is currently being described.

• Two-fifths of all recent Asian immigrants to the United States (i.e., those who entered since 1990), and at least one-third from the top five Asian sending countries are in the age range (25-39) that would garner points under the proposed system.

• Over half of recent immigrants from China, the Philippines, and Korea, and 76 percent from India have a bachelor’s or higher degree. If we add those with associates’ degrees, the strong educational advantage of a points system for Asians widens further. (Vietnam is the only significant exception in this regard.)

• The majority of recent immigrants from the Philippines and India report speaking English “very well” and would fare well under a points system.

• About half of recent immigrants from India work in IT, science and engineering, or healthcare occupations, while another 20 percent work in other professional occupations. About one-quarter of recent immigrants from the Philippines work in healthcare occupations. Employment within each of these occupations is preferred under the proposed points system. About one-quarter of recent immigrants from China work in science, technology, engineering, and mathematics occupations, while another quarter work in other professional occupations.

Immigrants from Latin American countries will likely face more difficulties in obtaining entry through the points system, depending on how categories are weighted. Age and occupational characteristics may benefit immigrants from this area, while formal educational attainment and English ability may become barriers.

• More than two-fifths of recent Central American/Caribbean and South American immigrants are in the preferred age range of 25-39. Forty-eight percent of recent Mexican immigrants and 53 percent of recent Salvadoran immigrants are 25 to 39 years of age, as are 48 percent of recent immigrants from both Brazil and Ecuador.

• The vast majority of recent immigrants from South America have at least a high school diploma, and 31 percent have a bachelor’s or higher degree. However, just 45 percent of recent immigrants from Central America and the Caribbean have a high school diploma or higher. Cuban and Dominican immigrants are exceptions in this regard, with high relative rates of college education compared to other countries in the region.

• The vast majority (about 80 percent) of Central American/Caribbean recent immigrants and a strong majority (about 60 percent) of South American recent immigrants lack English proficiency. The trend holds true for the top five sending countries from both areas, with the exception of immigrants from Venezuela, 44 percent of whom report that they are proficient in English. Only 15 percent of recent Mexican immigrants are proficient in English.

• The occupations common among Central American and Caribbean immigrants may earn points under the “high demand” occupation category. Most of the occupations expected to experience the highest job growth over the next ten years require only on-the-job training. The majority of Central American/Caribbean immigrants work in such lowerskill, high-growth occupations as construction, extraction, transportation, service, manufacturing, and installation. Extremely small shares of immigrants from the largest sending countries in the region work in preferred science, engineering, or health occupations.

• The occupations of South American immigrants follow a similar trend to those for Central American and Caribbean immigrants, though slightly higher shares of South Americans work in mid-level or high-skill occupations.

While the United States has received relatively few immigrants from Africa, those who have entered have language, age, and educational characteristics that could help them earn points for entry.

• As with the other world regions examined, about two-fifths of recent African immigrants fall in the preferred age range of 25-39.

• Recent African immigrants tend to be well educated. Thirty-eight percent of all recent African immigrants have a bachelor’s or higher degree, and fully two-thirds have some college education. Those from Nigeria, Egypt, and South Africa have the highest levels of educational attainment among the top African sending countries: over half from each have a bachelor’s or higher degree. Fewer Ethiopian immigrants have bachelor’s degrees – under a quarter – but 60 percent do have some college education.

• English proficiency tends to vary by country but is high overall. Eighty-seven percent of recent Nigerian immigrants, and 96 percent of South African immigrants are English proficient, while just over half from Ethiopia and Egypt are English proficient. Looking at all recent African immigrants, two-thirds are English proficient.

• About 15 percent of African immigrants work in preferred health occupations (27 percent of Nigerian immigrants do so) while the great majority of African immigrants work in low-skill occupations. Very small shares work in science or engineering occupations, though those from South Africa have higher rates of professional occupations than immigrants from other parts of Africa.

Proposed Points System and Its Likely Impact on Prospective Immigrants, Immigration Policy Institute

While there will certainly be intense debate over this hotly contested issue in Washington, we can only hope that those trying to craft this legislation do so not solely with an eye to the next election cycle, or the local polls in their state or district... but with the best interests of both the American people and those who will be future Americans in mind.

Related:

Annual Immigration to the United States: The Real Numbers, MPI, May, 2007

Selecting Economic Stream Immigrants through Points Systems, MPI, May, 2007

A "high demand occupation" as defined in the legislation is one listed on the Bureau of Labor Statistics top 30 projected 10 year growth occupations:

BLS Occupations with the largest job growth, 2004–14

41-2031Retail salesperson
29-111 Registered nurses
25-1000 Postsecondary teachers
43-4051 Customer service representative
37-2011 Janitors and cleaners, except maids and housekeeping cleaners
35-3031 Waiters and waitresses
35-3021 Combined food preparation and serving workers, including fast food
31-1011 Home health aids
31-1012 Nursing aids, orderlies and attendants
11-1021 General and operations managers experienced
39-9021 Personal and home aides
25-2021 Elementary school teachers, except special education
13-2011 Accountants and auditors
43-9061 Office clerks, general
53-3032 Laborers and freight stock, and material movers, hand
43-4171 Receptionists and information clerks
37-3011 Landscaping and groundskeeping workers
53-3032 Truck drivers, heavy and tractor trailer
15-1031 Computer software engineers, applications
49-9042 Maintenance and repair workers, general
31-9092 Medical assistants
43-6011 Executive secretaries and administrative assistants
41-4012 Sales representatives, wholesale and manufacturing, except technical and scientific products
47-2031 Carpenters
25-9041 Teachers assistants
39-9011 Child care workers
35-2021 food preparation workers
37-2012 Maids and housekeeping cleaners
53-3033 Truck driver light or delivery services
15-1051 Computer systems analysts

Occupational employment
projections to 2014, table #3 Bureau of Labor Statistics

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New study looks at Hispanic immigration impact on Long Island

When talk turns to immigration and immigration reform more often than not the discussion will revolve around the border states or California with its large Latino population, or even the southeast where the recent influx of new immigrants has sparked backlash and controversy. But rarely do people think of traditional immigrant gateways like New York. Yet, every year New York is in the top three states for the number of foreign born residents both legal and illegal, and as anyone with even a cursory knowledge of the state can figure out, the bulk of those immigrants live in and around the NYC area.

Over the past 25 years, one region that has seen the greatest increase in immigrant population, and particularly in Latino immigrant population, has been Long Island. Originally a prototype for the mostly white, middle and working-class, suburban communities that sprung up in post-war America, Long Island has matured over time into a much more diverse, multi-ethnic, immigrant gateway. Today it is home to one of the fastest growing Latino populations in the nation made up of both new immigrants and native born.

A new study from the Horace Hagedorn Foundation and Adelphi University takes an in-depth look at over twenty five years of Latino immigration to Long Island and it's effects on the economic growth of the region.

In 1980, fewer than one out of every twenty Long Islanders was Hispanic. Today, the proportion is nearly one in eight. This rapid demographic change has resulted in increased ethnic tension and anti-immigrant sentiment. Suffolk County Executive Steve Levy recently made national headlines by sponsoring legislation that would make it illegal for businesses with contracts with the county to employ undocumented immigrants. Congressional Representative Peter King, one of the nation's most vocal opponents to immigration reform, co-sponsored last years House immigration bill, H.R. 4437, that sparked protests throughout the country.

While King and Levy pander to the lowest impulses of human nature, the new study, "The Economic Impact Of The Hispanic Population On Long Island, New York" from Mariano Torras, Ph.D.,of Adelphi University and economist Curtis Skinner, Ph.D. shows that rather than lowering the quality of life for Long Islanders, over 25 years of Latino immigration has brought great benefits.

The study takes a comprehensive look at how continuing immigration effects a mature “immigrant gateway”, focusing on the demographics and economic effects of Latino immigration in the area.

Executive Summary

Long Island’s Hispanic population has grown dramatically in recent years, led by new immigration from Latin America. Indeed, Hispanics have emerged as the major source of demographic growth for the region—excluding new Hispanic residents, Long Island would have lost, rather than gained, people since 1980. The new Hispanic presence is visible both in cities and villages with established Hispanic populations and in smaller and more remote communities, especially in Suffolk County.

As workers, consumers, entrepreneurs and taxpayers, Hispanics make important contributions to the Long Island economy. Hispanic residents add nearly $5.7 billion to total Long Island output as a result of their consumer spending. Hispanic employment continues to grow very rapidly—increasing by almost one third from 2000 to 2004 alone—and Hispanic workers are an important presence in diverse regional industries, including Manufacturing, Accommodation and Food Services, Landscaping Services and Construction. Hispanic-owned business is also booming in the region, posting almost $2 billion in sales in 2002. In addition, Long Island Hispanic residents contribute positively to local government budgets. This study finds that Hispanics contribute $614 more per resident to local revenues than they receive in local expenditures on education, health care and corrections.

The importance of Hispanic Long Islanders to the regional economy will only deepen as this population continues to grow in the years ahead. This study documents the extraordinary recent changes in the region’s Hispanic residents and describes the key demographic characteristics of this population. It then quantifies the Hispanic population’s contributions to production, employment and new business creation on Long Island. The report concludes by analyzing the Hispanic contribution to local government revenues and costs.

Among the study’s major findings:

Demographics: The Long Island Hispanic population tripled to nearly 330,000 residents since 1980, and it now represents approximately 12 percent of the general population.

• The rate of increase was far greater than that for the Long Island population as a whole and significantly more rapid than the Hispanic population growth rate nationwide.



• Immigrants from Central America, the Caribbean, and South America accounted for almost half of the growth in Long Island’s Hispanic population since 1980.



• Sixty-five percent of Nassau County’s Hispanics lived in Hempstead town in the year 2000, while 68 percent of Hispanics in Suffolk lived in either Brookhaven or Islip.



• Almost half of all Long Island Hispanics are in the “prime working age” category of 18 to 44, compared to only a little more than one third of all Long Islanders.

Entrepreneurship: From 1997 to 2002, the number of Hispanic-owned businesses in Long Island rose by almost 35%, and total sales and receipts by 21%.

• Growth was especially strong in Suffolk County, where the number of firms increased by 51% and sales by 39%.



• Long Island Hispanic-owned businesses earned almost $2 billion in sales and receipts, and employed an estimated 25,000 people.

Economic Impact: Long Island’s Hispanic population contributed an average of $614 more per resident than it received in local expenditures on education, health care and corrections.

• The buying power of Long Island Hispanics in 2004 amounted to $4.4 billion. Hispanic spending produced an economic impact of nearly $5.7 billion—of which more than $3.2 billion was in Suffolk County—and created more than 52,000 jobs.



• In 2004 Hispanics contributed about $925 million in taxes and other government revenues (directly and indirectly), while costing Nassau and Suffolk local governments (counties, towns/cities, villages and school districts) about $723 million for K-12 education ($520 million), health care ($158 million), and corrections ($45 million). The net benefit to Long Island was about $202 million.

The Economic Impact Of The Hispanic Population On Long Island, New York, Horace Hagedorn Foundation

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New report from CRS casts doubts on immigration restrictionists claims.

One often wonders when listening to various politicians pontificate about immigration reform, exactly what information they are basing their policies and positions on. Given the conflicting information coming from both partisan and academic sources, it would appear a daunting task to get reliable, non-biased information about the issue. A recently released report from the Congressional Research Service provides a unique glimpse into what our legislators are reading about the issue. "Unauthorized Aliens in the United States: Estimates Since 1986", compiled by the legislative branch's own research agency, not only looks at the increase in unauthorized migration during the period between 1986 and 2004, but analyzes some of the reasons for it.

Additionally, the report critiques some immigration policies, past, present and proposed, to determine their effectiveness. Not surprisingly, some of the most often advocated policies have failed in the past and show no sign of succeeding in the future.

So why do certain politicians continue to advocate for them?

In recent months, at the urging of immigration restrictionists, the administration has launched a series of workplace raids leading to numerous arrests and deportations. The rationale behind the crack-down being that the ready availability of jobs and employers willing to skirt the law, are major factors in drawing undocumented immigrants to the US. But the CRS finds that this theory is hard to backup with any hard empirical data.

The research points to a constellation of factors that have contributed to the increase in unauthorized resident aliens. Historically, unauthorized migration is generally attributed to the “push-pull” of prosperity-fueled job opportunities in the United States in contrast to limited or nonexistent job opportunities in the sending countries. Some observers maintain that lax enforcement of employer sanctions for hiring unauthorized aliens has facilitated this “push-pull,” but it is difficult to empirically demonstrate this element. Political instability or civil unrest at home is another element that traditionally has induced people to risk unauthorized migration, but the motives for such migrations are sometimes mixed with the economic hardships that are often correlated with political upheaval.

CRS also looks at the cornerstone of immigration restrictionist policy; tighter border control. With constant calls for increased spending on enforcement, the building of walls, and militarization of the border, the CRS found that contrary to stemming the tide of undocumented migrants, these policies have in fact increased the population of unauthorized residents.

Although most policy makers have assumed that tighter border enforcement would reduce unauthorized migration, some researchers are now suggesting that the strengthening of the immigration enforcement provisions, most notably by the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), may have inadvertently increased the population of unauthorized resident aliens. This perspective argues that IIRIRA’s increased penalties for illegal entry coupled with increased resources for border enforcement stymied what had been a rather fluid movement of migratory workers along the southern border; this in turn raised the stakes in crossing the border illegally and created an incentive for those who succeed in entering the United States to stay.

The report notes that the number of unauthorized residents remained relatively flat during the first ten years following the passage of the Immigration Reform and Control Act (IRCA) of 1986. Except for a dip to 1.9 million immediately following IRCA's legalization program, the number hovered at a little under 3.5 million until the stricter enforcement measures of the IIRIRA were implemented in 1996. Since then the numbers have only continued to climb.

(Editors note: It's interesting to note that although not mentioned in the report, the increase also coincides with the enactment of NAFTA)



Many of the restrictionists other assertions, mainly those revolving around a lack of enforcement, often claimed to be contributing factors to increased numbers of unauthorized residents are deemed "elusive factors" that are difficult to measure and prove.

Some observers point to more elusive factors — such as shifts in immigration enforcement priorities away from illegal entry to removing suspected terrorists and criminal aliens or discussions of possible “amnesty” legislation — when they assess the increase of unauthorized resident aliens. Others argue that border security measures enacted in recent years have not received adequate funding to be effective against unauthorized migration, and some maintain that state and local law enforcement officers have not been sufficiently involved in apprehending illegal aliens. Some would make illegal presence an aggravated felony. Still others assert that there has not been sufficient funding and staffing for enforcement of immigration laws in the interior of the country. It is difficult to measure whether, or to what extent, these other phenomena have contributed to the increase in unauthorized resident aliens

The report also examines a factor that has led to increasing numbers of unauthorized residents that's rarely discussed by politicians and pundits: The glaring flaws in the way the immigration system is administered.

Another contributing factor — best represented by the “quasi-legal” aliens discussed above — is the wait-times for immigrant petitions to be processed and visas to become available to legally come to the United States. There are statutory ceilings that limit the number of immigrant visas issued each year. There are also significant backlogs in processing petitions due to the high volume of aliens eligible to immigrate to the United States and the large number eligible to become U.S. citizens. Of the pending cases, reportedly almost 2 million are immediate relative and family preference petitions. Many observe that these family members sometimes risk residing without legal status with their family in the United States while they wait for the petitions to be processed or visas to become available.

These findings come not from a partisan think tank or advocacy group, but rather the agency tasked by congress to gather unbiased information for the purpose of enacting informed legislation. The CRS website explains their mission:

The Congressional Research Service is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

History and Mission

Congress created CRS in order to have its own source of nonpartisan, objective analysis and research on all legislative issues. Indeed, the sole mission of CRS is to serve the United States Congress. CRS has been carrying out this mission since 1914, when it was first established as the Legislative Reference Service. Renamed the Congressional Research Service by the Legislative Reorganization Act of 1970, CRS is committed to providing the Congress, throughout the legislative process, comprehensive and reliable analysis, research and information services that are timely, objective, nonpartisan, and confidential, thereby contributing to an informed national legislature.
CRS

Given that tax payers dollars are spent to provide Congress with reliable and non-partisan information on the pressing issues of the day in hopes that legislators make informed and knowledgeable decisions regarding public policy, why is it that so many of our current legislators chose to ignore their own research in favor of flawed and biased information that will certainly lead to unsound policies doomed to fail before even enacted? Mr. Tancredo…are you listening?

tags: immigration, CRS , reports, effects of immigration

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Southern Poverty Law Center finds guest worker program close to slavery

There is no more divisive issue for advocates of progressive immigration reform than the policy of temporary guest workers. As a cornerstone the President's proposed immigration policy, it's been viewed with intense suspicion by many on the left. Some immigration rights advocates, such as Cecilia Muñoz, head of National Council of La Raza see Bush's guest worker program as the best hope to allow future immigrants to enter the country legally and eventually be put on a path to citizenship. Other's see it as dangerous policy, ripe with opportunities for abuse.

Even amongst organize labor, which generally supports legalization of all current undocumented workers and other progressive reforms, there is a divide when it comes to guest workers. The Service Employees International Union (SEIU) has strongly advocated for a modified guest worker program, while the AFL-CIO opposes one.

The Southern Poverty Law Center now weights in on the debate with a report that examines the current H2 visa program which brought approximately 121,000 guestworkers into the United States in 2005. The report released this week called; "Close to Slavery" found widespread abuse and exploitation of the program.

Back in January, Andy Stern, head of the Service Employees International Union, sent a letter to Sen. Ted Kennedy, who is working to craft a new immigration reform bill for this legislative session, laying out his union's position on immigration reform and recommendations for any future guestworker program:

SEIU recognizes the need for new workers in the low-wage sector of our expanding economy. However, any new worker program must include worker protections including: portability of visas so that workers can change jobs, the right to join unions and have full labor rights, the right to bring their families with them, and the ability to self-petition for permanent residency and citizenship. SEIU

But according to the SPLC, without carefully written protections and strict enforcement of labor standards any new guest worker program will be ripe for the same kind of exploitation that's prevalent in the current system. Based on interviews with thousands of guestworkers, the report found a pattern or widespread exploitation, deplorable living conditions, and a system that amounts to little more than indentured servitude.

… the United States already has a guestworker program for unskilled laborers — one that is largely hidden from view because the workers are typically socially and geographically isolated. Before we expand this system in the name of immigration reform, we should carefully examine how it operates.

Under the current system, called the H-2 program, employers brought about 121,000 guestworkers into the United States in 2005 — approximately 32,000 for agricultural work and another 89,000 for jobs in forestry, seafood processing, landscaping, construction and other non-agricultural industries.

These workers, though, are not treated like "guests." Rather, they are systematically exploited and abused. Unlike U.S. citizens, guestworkers do not enjoy the most fundamental protection of a competitive labor market — the ability to change jobs if they are mistreated. Instead, they are bound to the employers who "import" them. If guestworkers complain about abuses, they face deportation, blacklisting or other retaliation.

Federal law and U.S. Department of Labor regulations provide some basic protections to H-2 guestworkers — but they exist mainly on paper. Government enforcement of their rights is almost non-existent. Private attorneys typically won't take up their cause.

Bound to a single employer and without access to legal resources, guestworkers are:

• routinely cheated out of wages


• forced to mortgage their futures to obtain low-wage, temporary jobs


• held virtually captive by employers or labor brokers who seize their documents


• forced to live in squalid conditions


• denied medical benefits for on-the-job injuries.

Close to Slavery; Guestworker Programs in the United States SPLC (HTML)

After carefully documenting the failures of the current guestworker program, the 48 page report goes on to list recommendations to make any future program more fair and effective.

As this report shows, the H-2 guestworker program is fundamentally flawed. Because guestworkers are tied to a single employer and have little or no ability to enforce their rights, they are routinely exploited. The guestworker program should not be expanded or used as a model for immigration reform. If this program is permitted to continue at all, it should be radically altered to address the vast disparity in power between guestworkers and their employers.

I. Federal laws and regulations protecting guestworkers from abuse must be strengthened:

• Guestworkers should be able to obtain visas that do not tie them to a specific employer. The current restriction denies guestworkers the most fundamental protection of a free labor market and is at the heart of many abuses they face.


• Congress should provide a process allowing guestworkers to gain permanent residency, with their families, over time. Large-scale, long-term guestworker programs that treat workers as short-term commodities are inconsistent with our society's core values of democracy and fairness.


• Employers should be required to bear all the costs of recruiting and transporting guestworkers to this country. Federal regulations should be consistent with the 11th U.S. Circuit Court of Appeals decision in Arriaga v. Florida Pacific Farms. Requiring guestworkers to pay these fees encourages the over-recruitment of guestworkers and puts them in a position of debt peonage that leads to abuse.


• Entities acting as labor brokers for employers that actually use the guestworkers should not be allowed to obtain certification from the Department of Labor to bring them in. Allowing these middlemen to obtain certification shields the true employer from responsibility for the mistreatment of guestworkers.


• Congress should require the Department of Labor to promulgate labor regulations for H-2B workers that are comparable to the H-2A regulations. It is unconscionable that H-2B workers do not have even the minimal protections available to H-2A workers.


• Congress should require employers to pay at least the "adverse effect wage rate" in all guestworker programs to protect against the downward pressure on wages. Guestworker programs should not be a mechanism to drive wages down to the minimum wage.


• Congress should eliminate the barriers that prevent guestworkers from receiving workers' compensation benefits. Workers currently must navigate a bewildering state-by-state system that effectively blocks many injured workers from obtaining benefits.
• Guestworkers should be protected from discrimination on the same terms as workers hired in the United States. Permitting employers to "shop" for workers with certain characteristics outside of the United States is offensive to our system of justice and nondiscrimination.

II. Federal agency enforcement of guestworker protections must be strengthened:

• Congress should require that all employers report to the Department of Labor, at the conclusion of a guestworker's term of employment and under penalty of perjury, on their compliance with the terms of the law and the guestworker's contract. There currently is no mechanism allowing the government to ensure that employers comply with guestworker contracts.


• Employers using guestworkers should be required to post a bond that is at least sufficient in value to cover the workers' legal wages. A system should be created to permit workers to make claims against the bond. Guestworkers, who must return to their country when their visas expire, typically have no way of recovering earned wages that are not paid by employers.


• There should be a massive increase in funding for federal agency enforcement of guestworker protections. Guestworkers are the most vulnerable workers in this country, but there is scant government enforcement of their rights.


• The Department of Labor should be authorized to enforce all guestworker agreements. The DOL takes the position that it does not have legal authority to enforce H-2B guestworker contracts.


• The Department of Labor should create a streamlined process to deny guestworker applications from employers that have violated the rights of guestworkers. Employers who abuse guestworkers continue to be granted certification by the DOL to bring in new workers.

III. Congress must provide guestworkers with meaningful access to the courts:

• Congress should make all guestworkers eligible for federally funded legal services. H-2B workers are currently not eligible for legal aid services.


• Because of the unique challenges faced by guestworkers, the restriction on federally funded legal services that prohibits class action representation should be lifted.


• Congress should provide a civil cause of action and criminal penalties for employers or persons who confiscate or hold guestworker documents. This common tactic is designed to hold guestworkers hostage.


• Congress should provide a federal cause of action allowing all guestworkers to enforce their contracts.

These reforms are overdue. For too long, our country has benefited from the labor provided by guestworkers but has failed to provide a fair system that respects their human rights and upholds the most basic values of our democracy. The time has come for Congress to overhaul our shamefully abusive guestworker system.
Close To Slavery; Guestworker Programs in the United States SPLC (PDF)

This new report, along with its recommendations, will certainly add a new dimension to the debate over any new temporary guest worker proposal. By documenting and examining what has happened when, as President Bush likes to claim, "willing foreign workers (are matched) with willing American employers, when no Americans can be found to fill the jobs," the Southern Poverty Law Center has provided valuable insight into the problems and pitfalls of such programs.

tags: immigration, guest workers , H2 Visa, SPLC

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DMI Releases New Report on Immigration Reform and the Middle Class

The Drum Major Institute (DMI), the nations leading progressive think tank, today released a new and updated report on immigration reform and the middle-class, "Principles for an Immigration Policy to Strengthen & Expand the American Middle Class: 2007 Edition". The report looks at the effects of immigration on the middle-class and makes suggestions as to how best to advance a progressive immigration agenda that reflects the best interests of America's current and aspiring middle class.

The report argues that any debate over immigration policy must be connected to a larger conversation about America's squeezed middle class and those striving to attain a middle-class standard of living. DMI argues that any proposed immigration policy should be examined to ensure that its basic principles help to strengthen and expand America's middle class by making sure it bolsters—not undermines—the critical contribution that immigrants make to our economy and strengthens the rights of immigrants in the workplace.

With that in mind, DMI provides a two-part litmus test by which to evaluate any immigration policy by its impact on the middle class. Additionally, the report also includes a new section devoted entirely to guest worker programs and how they threaten the livelihood of American workers by sustaining an underclass of exploitable workers. Lastly, DMI looks at all the legislation proposed thus far and puts them to the "middle-class" test.

DMI is excited to announce the release of our new and updated report two days after the Senate held its first hearings on immigration reform and just as Congress and advocates on all sides gear up for what has become a very divisive and not always educational debate. As elected officials, candidates for office and advocates are debating exactly how to best reform our immigration laws, we offer our report as a tool to encourage immigration reform that is progressive and has a positive impact on America's squeezed middle class. I know there are some who use xenophobia as a faux-populist economic policy but the truth is that there are many American workers who have legitimate concerns about the impact of immigration on their livelihoods. That is what our report addresses and is highlighted in DMI's immigration & the middle class talking points. DMI

• The status quo on immigration policy is unacceptable for the middle class: current policy does not respond to the nation's economic needs. Proposals to more stringently enforce existing immigration laws ignore our economic reliance on immigrants. Meanwhile, the status quo includes an exploitation of undocumented workers that threatens the current and aspiring middle class.



• The middle class benefits from immigrants' economic contributions as workers, entrepreneurs, taxpayers and consumers. Our economy is dynamic and the presence of immigrants contributes to its growth and the creation of new jobs that wouldn't exist if they were not here. It is not a zero-sum game.



• Immigrants, including undocumented immigrants, pay taxes. The average immigrant pays $1,800 more in taxes than she receives in government benefits -- a lifetime tax contribution of $80,000 more than she and her immediate descendents receive in benefits. Undocumented immigrants alone are estimated to have contributed nearly $50 billion in federal taxes between 1996 and 2003. Immigrant tax contributions finance vital middle-class goods like public schools and Social Security.



• Immigrants are crucial to the long-term viability of our Social Security system. Immigrants are younger and tend to have more children than the native-born. In this way, immigration slows the decline in the ratio of workers to retirees, helping to keep our Social Security program robust.



• Because immigrants are so important to our economy, enforcement-only legislation harms the middle class. Trying to enforce immigration laws that are fundamentally at odds with the nation's economic reality is expensive and unworkable. Since the early 1990s, spending on border enforcement has tripled, yet the number of undocumented immigrants has also nearly tripled. We should fix immigration laws first and then work to enforce them.



• It is not the presence of undocumented immigrants themselves that harms the middle class, but the fact that they can be so easily exploited in the workplace. The vulnerability of undocumented immigrants in the workplace puts downward pressure on wages and working conditions for all workers, making it harder to achieve and hold onto a middle-class standard of living. Many employers take advantage of immigrants' precarious status to cut costs for wages, benefits, and workplace safety. They may then be less willing to hire U.S.- born workers if they demand better wages and working conditions. U.S.-born workers are left to either accept the same poor conditions as immigrants living under the threat of deportation or be shut out of whole industries.



• All workers will benefit from a strengthening of workplace rights for immigrants workers. Once empowered to exercise rights at work, undocumented workers' efforts to improve their own working conditions would benefit all workers by making jobs more desirable. This means more jobs that can support a middle-class standard of living.



• Legalizing the undocumented immigrants who are in the U.S. now would maximize their economic contributions and prevent the exploitation that threatens the middle class. It is important that the legalization process not be so burdensome that many immigrants find it impossible to regularize their status and a large population of undocumented workers persists.



• A guest worker program for future immigrants is not in the interests of the middle class because it makes the two-tiered labor market official. The temporary nature of guest workers means they will always be more vulnerable than the mainstream of American workers. Allowing the workers our economy needs to be here permanently would make them more secure, preventing the exploitation that undermines the middle class.



• Congress should formulate immigration policy that will bolster the critical contribution that immigrants make to our economy as workers, entrepreneurs, taxpayers and consumers and that will strengthen the rights of immigrants in the workplace.

DMI talking points

Beyond data and research our report provides legislators, advocates and certainly the netroots with an important tool to analyze specific legislative proposals as they are introduced. Out of our analysis comes a two-part test that can be used to evaluate how legislation will impact middle-class Americans and those struggling to achieve a middle-class standard of living. In the legislative appendices we put our test to work by applying it to actual legislative proposals and we grade each bill by its impact on middle-class Americans.

Now you may not be a policy wonk. This policy paper was still meant for you! That's why we provide an online toolkit containing talking points, a discussion guide to facilitate conversations about immigration and the middle class and Spanish translations of the Executive Summary and the items above. If you are struggling over how to engage your apolitical roommate, your immigrant hating in-laws, your tone-deaf to framing activist friend or your union shop-steward about these issues-- these talking points are for you!

DMI's new immigration website is just a jumping off point for the debate. Join us for ongoing discussion on the DMIBlog - like our series of posts on every Presidential candidate's stance on immigration. Immigration reform policy could be a huge win for Americans AND for immigrants - or it could be a huge failure. The public's participation in that discussion and understanding of the issues will be key to a progressive success.

DMI

For more information see:
Executive Summary
DMI Immigration and the Middle Class Toolkit

tags: immigration, report , DMI, immigration and middle class

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