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Bill Ong Hing

Bill Ong Hing

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Did Arizona Really Win at the Supreme Court?

Posted: 06/ 2/11 10:41 AM ET

Last week, the Supreme Court upheld Arizona's "Legal Workers Arizona Act" (LAWA) enabling the state to revoke the business licenses of employers who hire undocumented workers. The ruling on the state's version of an "employer sanction" law passed in 2007 (not to be confused with the state's broader anti-immigrant SB 1070 passed last year and also headed for the high court) may backfire big time for the state.

In March, the Arizona state senate voted down five aggressively anti-immigrant bills (including an attack on birthright citizenship for children born in Arizona). A major reason was push back from the business community. Some 60 Arizona-based CEOs (including U.S. Airways, Ernst & Young, Wells Fargo Bank, and Cox Communications) penned a letter to lawmakers, urging them to stop passing harsh anti-illegal immigrant laws. The Arizona business community has been devastated (to the tune of $200 million) by boycotts and other backlash caused by the national attention SB 1070 has garnered. That means fewer jobs and less tax revenue. This is the result of citizens and residents across the nation pushing back with their wallets against SB 1070.

The effect on the state's convention and tourism industry after SB 1070 was immediate. Corporations and event planners, troubled by Arizona's anti-immigrant image, canceled convention reservations in Phoenix -- ordinarily a popular convention site. The Arizona Hotel and Lodging Association cite data on bookings showing Phoenix's ranking had dropped from the top four destinations nationwide to 23rd.

The fact that other states are mimicking Arizona's anti-immigrant strategy is foolish for them as well. Eliminating the undocumented workforce without providing an avenue for their labor to be utilized in the United States would have devastating economic consequences throughout the country. The U.S. Chamber of Commerce offers important data. Although immigrants account for 12.5 percent of the U.S. population, they make up about 15 percent of the workforce. They are overrepresented among workers largely because the rest of our population is aging: Immigrants and their children have accounted for 58 percent of U.S. population growth since 1980. This probably won't change anytime soon. Low U.S. fertility rates and the upcoming retirement of the baby boomers mean that immigration is likely to be the only source of growth in what we call the "prime age" workforce -- workers ages 25 to 55 -- in the decades ahead. As record numbers of retirees begin drawing Social Security checks, younger immigrant workers will be paying taxes, helping to ease the financial pressures on the system.

Moreover, immigrants tend to be concentrated in high- and low-skilled occupations that complement -- rather than compete with -- jobs held by native workers. And the foreign-born workers who fill lower-paying jobs are typically first-hired/first-fired employees, allowing employers to expand and contract their workforces rapidly. As a result, immigrants experience higher employment than natives during booms -- but they suffer higher job losses during downturns, including the current one.

Immigration also stimulates growth by creating new consumers, entrepreneurs and investors. As a result of this growth, economists estimate that wages for the vast majority of American workers are slightly higher than they would be without immigration. Economists also estimate that for each job an immigrant fills, an additional job is created.

Arizona stands to see very negative effects if a massive exclusion of the undocumented workforce occurs. Before the state's enactment of LAWA in 2007, the state experienced decades worth of growth, boosted by its estimated 12 percent undocumented labor force. The new law caused many headaches and loss of production for Arizona employers who need workers.]

Increased ICE raids, stepped up border enforcement, and employer sanctions have not reduced undocumented immigration to the United States. We are wasting billions of dollars at home in what has become a war on immigrants. But undocumented workers continue to migrate. The failure of these harsh efforts must teach us something. The enforcement-only approach has resulted in human tragedy, increased poverty, and family separation. This is a challenge that requires us to understand why workers come here and to address the challenge in a more sensible manner.

It's time to come to our senses and realize that the enforcement-only approach has failed. The rise of employer sanctions enforcement causes hardship for our fellow human travelers who only seek an opportunity to work to feed their families at an honest day's wage. Undocumented migration is the result of factors and phenomena way beyond the control of intimidation, guns, and militarization. The time to get smart has arrived; we must begin considering more creative approaches by understanding the forces at work.

Our current economic policies like NAFTA produce displaced people in Mexico, criminalize them once they arrive in the United States, and view them simply as a source of cheap labor for employers. We need to see migrants as human beings first and then formulate a policy to protect their human and labor rights, along with those of other working people in this country. Arizona's victory at the Supreme Court won't help the state's economy or its image.

 

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HUFFPOST SUPER USER
quillerm
10:10 AM on 06/05/2011
he Mexican citizens cross our border illegally. Some of them find work, and many of them send their earnings back to Mexico. Those earnings have added up to nearly $17 billion in the past year. Remittances, as they're called, are expected to become Mexico's primary source of income this year, surpassing the amount of money that Mexico makes on oil exports for the first time ever.
Meanwhile, the U.S. Trade deficit with Mexico for the last year surpassed $45 billion.

Hundreds of thousands of illegal aliens are using bank accounts in this country to send those remittances home, and many U.S. banks are now aggressively helping illegal aliens open those accounts. Those banks refer to the practice in the political correct vernacular as banking the unbanked.
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HUFFPOST SUPER USER
quillerm
10:09 AM on 06/05/2011
It is estimated that worldwide remittances amount to more than $126 billion. Remittances have become a considerable force in the economy of many countries. Among the countries that receive the most in remittances are Mexico, the Philippines and India. Last year Mexico received more than $17 billion in remittances. The amount of remittances in Mexico exceeds the amount of foreign direct investment in the country. This is not surprising given that a significant portion of Hispanics in the United States are of Mexican descent. Other Latin American countries like El Salvador are popular destinations for remittances. In 2005 approximately $2.5 billion was sent to El Salvador. The amount represented more than 13% of El Salvador’s GDP, or gross domestic product. It is estimated that Latin Americans residing in the United States send $30 billion dollars to their native countries.
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HUFFPOST SUPER USER
quillerm
09:56 AM on 06/05/2011
Illegals do not have valid Social Security numbers therefore any attempt to validate that they pay any taxes other than sales or gas is a guess by pro-Illegal left wing sources.
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HUFFPOST PUNDIT
spytheweb
Black Democrat
06:00 PM on 06/04/2011
Do you sleep with your doors unlocked and open so the hungry can come in and help themselves to your food stock? You want the US to become as lawless as Mexico. The wild wild west for everyone? If it were not for laws there would be Americans on the border shooting down whoever comes across. So law enforcement is a good thing and it does work. It would work better if the government got serious about it.
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HUFFPOST SUPER USER
quillerm
10:27 AM on 06/05/2011
Progressives think that reducing our Nation to Anarchy and Chaos will bring in a 'decentralized' form of Government more to t'heir liking. Unfortunately, for the rest of us that form of government will be Communism. Then the 'Progressive Elietes ' can dictate what we can say, do and achieve in life. Of course, the selected 'Progressive Elites' will individually have more freedoms than the rest of us.
09:47 AM on 06/04/2011
"(not to be confused with the state's broader anti-immigrant SB 1070 passed last year and also headed for the high court) "
Your aren't bias are you ?LOL - SB 1070 has nothing to do with "immigrants" it is about ILLEGAL ALIENS - there's a bg difference.

"Eliminating the undocumented workforce without providing an avenue for their labor to be utilized in the United States would have devastating economic consequences throughout the country."
I'm sure slave owners made the same argument. It didn't work then and it doesn't work now.

ILLEGAL ALIENS have come here ILLEGALLY and they are taking jobs that AMERICAN CITZENS and LEGAL immigrants have had and want to have again. We spend BILLIONS to educate and provide health care to people who don't belong here. We need this money for our own CITIZENS and LEGAL immigrants. We need to start enforcing our FEDERAL laws and stop having to make new STATE laws to protect ourselves.
HUFFPOST SUPER USER
MyOwnPerson172
Progressive because I have a brain and a heart.
08:20 PM on 06/02/2011
If it's anti-business, the Republicans won't enforce it.
This user has chosen to opt out of the Badges program
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07:51 PM on 06/02/2011
You know, thoughout this entire article, two things are at the forefront for me. 1) the university of San Francisco failed in educating Bill concerning the difference between "anti-immigrant" and "anti-illegal immigrant". 2) He found an amount ($200 million) supposedly lost to Arizona due to backlash, but I wonder if he bothered to dig further and explored the amount of money Arizona is projected to save? I would love to see both sides. However, I'm certain we won't be hearing both sides from Bill.
HUFFPOST SUPER USER
Enjay 1
Enjay in E MT
07:32 PM on 06/02/2011
As an HR Person - employers are required to have an I-9 on each employee on the payroll.

AZ should have the right to pull the license of businesses who are knowingling using undocumented labor as a regular business practice. I can see a business hiring a couple workers every now
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HUFFPOST SUPER USER
quillerm
07:21 PM on 06/02/2011
And now for some real facts. Illegal immigrants take $1.6 billion from Arizona's education system, $694.8 million from health care services, $339.7 million in law enforcement and court costs, $85.5 million in welfare costs and $155.4 million in other general costs.
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HUFFPOST SUPER USER
frank day
Obama cares about all of U.S.
08:43 AM on 06/03/2011
Yes. Losing a few million from cancelled conventions is nothing in comparison.
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Picosa
dedicated to FACTS & TRUTH
12:49 PM on 06/03/2011
The numbers FAIR, Numbers USA, KKK, Minutemen, or ALIPAC pull out of their racist hat have no bases in FACT. Those numbers are based on hate for Meskins. They may fly at those forums you post at, but here you will have to face facts.

Here is a credible study done by credible source.

Judith Gans
Udall Center for Studies in Public Policy
The University of Arizona
The bottom line
Based on this study, the total state tax revenue attributable to immigrant workers was an
estimated $2.4 billion (about $860 million for naturalized citizens plus about $1.5 billion for
non-citizens). Balanced against incremental fiscal costs of $1.4 billion for education, health
care, and law enforcement, immigrants in Arizona generated a net 2004 fiscal contribution
of about $940 million toward services such as public safety, libraries, road maintenance,
and other areas. Because the incremental costs incurred by immigrants in these areas are
difficult to measure directly, they are not included in this report.

The 2004 total economic output attributable to immigrant workers was about $44 billion
($15 billion for naturalized citizens and $29 billion for non-citizens). This output included
$20 billion in labor and other income and resulted in approximately 400,000 full-timeequivalent
jobs.
http://www.udallcenter.arizona.edu/immigration/publications/impactofimmigrants08.pdf
12:13 PM on 06/06/2011
This cohort of economic analyses is based on the fraudulent assumption that if Illegal Immigrants left the USA they would take the jobs with them. But in fact, according to the Pew Center it was estimated that illegal immigrants fill a quarter of all agricultural jobs, 17 percent of office and house cleaning positions, 14 percent of construction jobs and 12 percent in food preparation.

NONE of these jobs can be exported from the USA. ALL of these jobs would continue even if every Illegal Immigrant left the USA. Crops still need to be harvested, Buildings still need to be cleaned, and you cannot build buildings outside of the USA and import them on trucks or ships. You cannot cook food in kitchens outside of the USA and import it and sell it in restraints as fresh.

Plus this data means that 75 percent of all agricultural jobs, 83 percent of office and house cleaning positions, 86 percent of construction jobs and 88 percent of the food preparation jobs are done by U.S. Citizens and Legal Residents. These are the professions where unemployment is highest for American Workers.

Thus such economic studies that claim an economic loss due to enforcement of our laws are a joke because of the facts they must ignore to prove their contrived point.
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HUFFPOST SUPER USER
quillerm
07:15 PM on 06/02/2011
No business should have people working under assumed identities, no background checks, or guilty of Illegally entering the US. It leaves the business open to numerous lawsuits should the Illegals engage in criminal acts. Considering that the Illegal has already broken laws by entering our country, they are not the best of candidates for hard sought after jobs. We hire US citizens or legal immigrants should be posted on the wall of every business in the US.
07:01 PM on 06/02/2011
The statistics and the xenophobia and the mindless imposition of draconian and futile punitive proposals have buried a fundamental human truth. A man whose family is destitute will endure the risks of trafficking gangs, armed border guards, citizen militias, searing desert heat and a strange language if there is hope of employment in the end to put food in the mouths of his hungry children. The issue of undocumented workers is a human, rather than a law enforcement, problem. The solution must be to develop a system which will simultaneously serve the legitimate needs of employers and permit foreign workers to be fairly compensated for their labor. To insist that we first concentrate on "enforcing" existing laws is to embrace the unjust principle that punishment is the appropriate response to a course of action which each and every one of us would take under identical circumstances.
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HUFFPOST SUPER USER
quillerm
07:18 PM on 06/02/2011
What is it about the word 'Illegal' that you don't understand. People who have broken our laws, stolen identities, or are fleeing other countries to escape prosecution are not good employees.
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Picosa
dedicated to FACTS & TRUTH
08:34 PM on 06/02/2011
Illegal Europeans built the foundation of this country on illegal immigration, illegal genocide and illegal murder of American Indians, illegal land theft, illegally breaking treaties, etc etc.

In fact, the group most vocal about enforcing our immigration laws, the so-called Tea Partiers got its name from an event that defied an unjust legal law.

In 1773, a group of colonists in Boston boarded three English merchant ships and dumped the tea they carried into the harbor, the so-called "Boston Tea Party."

This was certainly an illegal act. However, the protest was about opposing a series of laws that the colonists felt were unjust. Furthermore, the colonists had no legal pathway to challenge the laws, as they were denied representation in the English government.

Another piece of illegal law breaking which we revere today was perpetrate­d by British citizens who openly disobeyed the laws of Parliament and king, refused to pay taxes, and formed an insurgent army in 1776. Ironically­, today’s self-style­d patriots who have taken it upon themselves to protect our borders from the illegal hordes call themselves The Minutemen.
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HUFFPOST SUPER USER
quillerm
07:36 PM on 06/02/2011
What does xenophobia have to do with 'ILLEGAL' Immigrants? The US has welcomed millions of LEGAL immigrants to this county with open arms. People who obey the law, get a job and work for a living make good citizens. People who lie, cheat and steal do not. That's the difference between a legal and illegal immigrant.
HUFFPOST PUNDIT
noaxe397
06:28 PM on 06/02/2011
Federal law permits a state to sanction a business license, and this 2007 law has passed every legal hurdle thrown at it. Remember, the penalty is revocation of the business license after a second offense, a CIVIL penalty. And still the business community complains it's too tough. Question for the "round-'em up crowd:" Why didn't you people come to AZ to spend your money in a show of support for SB1070 when others boycotted the state? Talk is cheap? A conservative never puts HIS money where HIS mouth is? What's the story?
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HUFFPOST PUNDIT
TggerJen
Protect at snowleopard.org
04:14 PM on 06/02/2011
According to the story above: "The effect on the state's convention and tourism industry after SB 1070 was immediate. Corporations and event planners, troubled by Arizona's anti-immigrant image, canceled convention reservations in Phoenix -- ordinarily a popular convention site."
That's an interesting claim. The Valley / State section of the Arizona Republic today has a headline that reads "Strong summer for conventions" and the exact quote from the director of the Phoenix Convention Center is: "This summer of 2011 is going to be our best on record...." Of course, that's just the convention center in Phoenix and it's just the hottest and most uncomfortable part of the year, but the fact is that, according to the Republic, "Records show the center's revenue has increased 46 percent in the past two years...."
05:27 PM on 06/02/2011
Keep in mind that 2997 was the year of the meltdown and tourism and business travel was in a freefall so while comparative analysis [may] show a 46% increase a comparative analysis of years 05 -10 might show a realistic picture of the SB 1070 impact on Phx. IMHO, the research by Hing, PhD, would have benefited from statewide data reported by multiple tourism industries in AZ
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HUFFPOST PUNDIT
TggerJen
Protect at snowleopard.org
12:51 PM on 06/03/2011
Yes, comparisons cam be tricky. That's why I included the quote from the CC director, because the phrase 'best on record' means it's a better summer this year than even before the recession; as I wrote in the original comment: the exact quote from the director of the Phoenix Convention Center is: "This summer of 2011 is going to be our best on record....
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voyager48
Illegitimi Non Carborundum
03:16 PM on 06/02/2011
AZ and the country won actually - and I know this because Obama and the libs are claiming it as a victory.

As we learned in the 86 amnesty - until we can effectively enforce our laws and control the situation, any discussions are moot! At current rates, 1.5 million illegals will enter the US this year. So even if we felt inclined to legalize all illegals today - we would be back to square one tomorrow!

Employer sanctions are great - but till we can succesfully get past the argument of plausible deniability, we will not see many succesful employer prosecutions. I think it is great that Obama wants to put photo ID and driver's license information in E-Verify to strengthen it, but it will probably take a biometric ID system to make it strong enough to be meaningful.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
03:03 PM on 06/02/2011
The question should be did the American people really win? And the snswer is a big resounding YES.