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As reported in the Washington Post 5/24/2010
Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.
Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.
The commission idea originally came from Ray Marshall, Labor Secretary under President Jimmy Carter. The United States needs a nonpartisan panel that would use “rigorous” data analysis in its decisions, Marshall said in an interview.
The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs.
“It’s the ultimate expression for the need for political cover,” said Ross Baker, a political science professor at Rutgers University.
Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations — such as hotel and restaurant jobs — than in higher-skilled ones.
We’ll see how all this plays out and will continue to report on any and all immigration reform measures.
If you’re an employer that despite your efforts to hire US workers, must rely on foreign workers to grow your business, sign this petition and send it to your representatives and then pass the link along.
Arizona passes Strict Immigration Act
On 4/13/10, the Arizona state House of Representatives passed a bill (S.B. 1070) directing police to determine the immigration status of non-criminals if there is a “reasonable suspicion” they are undocumented. The state Senate passed a similar measure earlier this year.
A bill creating the country’s strictest immigration stance yet has passed the Arizona House and State Senate, creating a situation where citizens will be subject to random confrontations with police regarding their immigration status.
SB 1070 calls for police to demand proof of citizenship in any situation in which “reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.”
If you can’t present documentation of legal status, the law will allow for an automatic arrest. Picture it — you go out for your morning run, do you take your driver’s license and your passport with you? Didn’t think so.
But the means for demanding the documentation concerns immigrants rights groups who fear the draconian law will lead to racial profiling — specifically zeroing in on a Hispanic population that represents 30 percent of the Arizona citizenry.
The positive impact of Sunday’s rally on the mall for immigration reform is already in evidence. Yesterday, after months of pressure, Senators Schumer and Graham finally released their blueprint for immigration reform and President Obama immediately pledged to help push bipartisan legislation forward. Next was Senator Reid who promised to make time for legislation on the floor this year and Senator Leahy also pledging his support. It’s hardly a coincidence that these statements all came days before the rally, which organizers predict will bring tens of thousands of people to Washington for an interfaith prayer service, three hours of speeches, and a peaceful march for change.
Cynics may ponder whether these are simply more empty promises, but that would ignore just how hard it is to get commitments from politicians on anything relating to immigration. The prospect of thousands of people calling you out on national TV has a way of focusing the political mind.
Immigration Solutions will re-visit this topic on Sunday.
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As reported in Workforce Magazine
The lack of opportunities in the U.S. plus burgeoning business opportunities on their home turf are causing foreign workers to return to their native lands. Experts warn that the shift will force domestic firms to compete with their one-time workforce as they open their own companies in their native countries.
A 2009 survey by financial firm HSBC revealed that 23 percent of expats in the United States and 44 percent in the United Kingdom were considering going home because of the global economy. Although they originate from several countries, these expats from the U.S. and U.K. cited limited career prospects as the top reason for returning home.
Back in the U.S., the story is particularly startling, with one expert contending that the tide of expats heading home has reached historic proportions.
“For the first time in American history, expats are leaving,” says Vivek Wadhwa, senior research associate with the Labor and Worklife Program at Harvard Law School. “For the last decade or so, there’s been a massive outflux of talent, particularly to India and China. These are typically skilled professionals in the prime of their careers.”
Wadhwa says between 50,000 and 75,000 Indian and Chinese professionals went back home in the last 20 years. Those numbers will soon more than double.
“There will be another 100,000 to India and 100,000 to China in the next five years,” he says. “These people are driving innovations in their home countries that will become competitors to America.”
A shortage of green cards is a major cause for Indians and Chinese, as well as Brazilians and Russians, to return home. “We have a 10-year backlog for green cards,” Wadhwa says. “There are more than one million skilled immigrants—about 35 percent Indian and 25 percent Chinese—who are waiting.
“When we start seeing the next Google coming out of India and China, and people realize these advances are coming from former expats, that’s when the alarm bells will go off,” Wadhwa says.
Many of these expats would like to stay, says Lynn Shotwell, executive director of the American Council on International Personnel, an organization advocating improved business immigration policies.
“The perception is that if we really wanted to change things, we would,” she says. “The question is, are we losing our edge? The ability to attract the best and brightest from around the world was always a big strength for the U.S. Now we’re pulling up the welcome mat.”
Thanks to the recession, companies are evaluating the costs of international assignments and the need to bring expatriates home. . “Before, companies felt they needed to send people [abroad] to open markets and transfer technology and culture,” says Scott Sullivan, executive vice president of Brookfield Global Relocation Services, an international, full-service relocation company. “Now there are lots of capable people in those countries who can perform those jobs. [Companies ask] if they really need to send people overseas or can we hire locally. This is a big dynamic in global business.”
New America Media reports that a coalition of pro-immigration groups is mobilizing to bring thousands of people to Washington, DC for a pro-immigration march on March 21st.
Amidst lofty rhetoric and ambitious logistics, immigration reform activists are planning a mass demonstration next month at the National Mall in Washington, D.C. The major forces behind the “March for America” are labor groups, immigrant advocacy organizations, and the Catholic Church.”
The march will be a test of immigrant advocates’ organizing capacity and their increasing use of technology to stoke a popular groundswell on immigration.
The march aims to pressure Capitol Hill and the White House which have shown an unwillingness to take on immigration legislation.
In a recent Spanish-language op-ed penned for America’s Voice the organization’s Hispanic media outreach director Rafael Prieto Zartha traced a kind of family tree for the origins of the planned march. These include the farm workers’ movement, the mass immigration demonstrations of 2006, and the world’s most famous civil rights speech, also delivered at the National Mall.
“The stage for our demonstration will be the area holding the nation’s monuments, where civil rights martyr Martin Luther King pronounced his unforgettable ‘I Have a Dream’ speech nearly 47 years ago, during a demonstration called ‘March for Jobs and Freedom,’” wrote Prieto. For more on this story.
The Immigration Policy Center has assembled a top 10 list of resources for 2009.
For those of you not familiar with the IPC, their staff regularly serve as experts and leaders on Capitol Hill, opinion-makers and the media. Their mission: To provide policy makers, the media and the general public with accurate information about immigrants and immigration policy on US society. Their studies and reports are widely disseminated and relied upon.
Here’s their list. What are your thoughts?
There’s been alot of chatter today about the introduction of Rep. Gutierrez’ (D-IL) immigration bill that is called Comprehensive Immigration Reform for America’s Safety and Protection (CIR ASAP).
Yesterday, Rep. Gutierrez stated, “We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President. The time for waiting is over.”
To address some of the key points:
Backlog Reduction: This would be a recapture of unused employment-based visas from previous years (1992 – 2008) with an allowance for future unused visas to roll over the next year; exempting spouses and children from the annual cap; increasing the country quotas; the ability to file for AOS (adjustment of status; i.e. green-cards) before a visa number is available by paying a fee of $500, even thought a visa cannot be issued until a visa number is available. This does, however, allow for work authorization, travel authorization and maintenance of status.
Employment Verification: Would make E-Verify work verification mandatory for all employers by phasing in current employees and new hires; would impose additional pealties on employers’ failure to follow the E-Verify program.
H-1B and L-1 Nonimmigrant Visas: Would impose requirements on employers to recruit US workers before applying for an H-1B and would increa3se penalties for H-1B violations. Would create penalties for L-1 violations.
The Undocumented: Would create a 6-year ‘conditional’ non-immigrant status for undocumented (illegal) foreign nationals in the USA. This would include work authorization and travel authorization; would waive unlawful presence bars and provide a path to permanent residence (green-card) and citizenship.
The Immigration Policy Center has an excellent 6-page more detailed review of the bill which we link to.
AILA applauded the introduction of Rep. Gutierrez’ Bill and stated, “We know how dedicated Rep. gutierrez is to immigration reform,” commented Bernie Wolfsdorf, president of AILA. “Gutierrez has long been a strong and vocal leader in the CIR movement. We look forward to analyzing this new CIR bill and hope to work with him and other members of Congress to fix our nation’s dysfunctional immigration system and help spur the country back to economic recovery.”
AILA further stated: Already, the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus and members of the Congressional Black Caucus have endorsed the bill as a solution to both stem illegal immigration and promote legal migration that will protect and strengthen our nation’s economic and national security.
Gutierrez explained at his press conference yesterday that the Senate will still take the lead on debating immigration reform with a bill to be introduced by Sen Charles Schumer (D-NY), Chair of the House Judiciary Subcommittee on Immigration. Janet Napolitano (DHS Secretary) has indicated that they have provided extensive technical assistance to Schumer and his staff as they draft the bill that is predicted to be introduced early 2010.
We will continue to report on any and all news and progress on the immigration reform front.
If you’re interested in more reading….Homeland Security Today NY Times ABC News The Hill
Today, Rep. Luis V. Gutierrez (R-IL) announced that on Tuesday, December 15th he will introduce a Comprehensive Immigration Bill. Congressman Gutierrez stated, “We have waited patiently for a workable solution to our immigration crisis by this Congress and the President. The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year.” He further states, “This bill is ‘enough’ and presents a solution to our broken system that we as a nation of immigrants can be proud of”.
In light of the debate still raging on health care, coupled with high unemployment, we have concern about timing. We’ll see how this is received and will, of course, continue to report on this. The good news is that the stage is being set for a conversation – hopefully early next year.
As reported by the American Immigration Council, Janet Napolitano delivered her first detailed speech today on immigration reform. She indicated that the security and enforcement measures that have been undertaken have revealed that “the more work we do, the more it becomes clear that the laws themselves need to be reformed.”
She further commented, “DHS is ready to implement reform”, according to the Secretary who noted, “We’ve ended a year-long backlog for background checks on applicants for green-cards and naturalization. We’ve expanded the opportunity for a widow to gain legal status here, despite the untimely death of her US citizen spouse. We’ve launched a new interactive website that allows people to receive information about the status of their immigration cases by email or text message, and we have reduced the time it takes to process those cases.”
Another positive message she conveyed was: “Businesses must be able to find the workers they need here in America, rather than having to move overseas. Immigrants need to be able to plan their lives – they need to now that once we reform the laws, we’re going to have a system that works, and that the contours of our immigration laws will last. And they need to know that they will have as many responsibilities as they do rights…This Administration does not shy away from taking on the big challenges of the 21 Century, challenges that have been ignored too long and hurt our families and businesses.”
An interesting comment by Ben Johnson, Executive Director of the American Immigration Council who attended the speech today noted, “Napolitano’s speech today evidenced a real understanding by the Administration of the comprehensive policy prescriptions necessary to reform a broken system…..Her clear statement on the value of immigrants to our society and economy, and the important role that immigration reform can play in building a foundation for growth and prosperity is a welcome response to the angry, misinformed rhetoric that has otherwise clouded the debate on immigration.”
We link to the video of Secretary Napolitano’s speech