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Philip Wolgin

Philip Wolgin

Posted: August 2, 2010 05:50 PM

With all of the talk about whether comprehensive immigration reform (CIR) will happen this year, or even next; with all the rhetoric around Arizona's tough new immigration law, SB1070, and the federal court's intervention to stay its most offensive provisions, I am amazed at how much of the current debate still centers around only two things: border security and earned legalization. By focusing on these two issues alone, we are missing one of the most important, and most overlooked, facets of reform: We must fix the visa system.

According to the Border Patrol, apprehensions are down, deportations are up,and the border is more secure than ever. On the other side of the coin, well-meaning legislation like the DREAM Act, which would allow the children of undocumented immigrants to earn legal status through education and military service have been held hostage to the drive for comprehensive reform. So I'll say it again: As unsexy as it sounds, the biggest issue in immigration policy today is the availability of immigration visas.

Every year the U.S. grants only 140,000 permanent visas (green cards) to workers who want to come here. The vast majority of these visas go to the most highly skilled and professional workers, while only 5,000 are given to low-skilled workers. On paper, having a system weighted toward the highly skilled and professional sounds great -- why shouldn't the U.S. admit only the best and brightest? And, with an unemployment rate of 9.6%, wouldn't low-skilled workers take American jobs?

The reality is quite different. Earlier this year, the United Farm Workers (UFW) started the "Take Our Jobs" campaign, to encourage Americans to find employment in the agricultural sector. According the UFW, three-quarters of all crop-workers in the U.S. were born abroad and at least half are unauthorized immigrants. So with unemployment so high, how many people have signed up to "take their jobs"? According to President Arturo Rodriquez of the UFW, only four people have, one of them being Stephen Colbert.

Furthermore, according to the Migration Policy Institute, there are already 8.3 million undocumented immigrants working in the country. MPI estimates that between permanent and temporary work visas for the low-skilled (roughly 150,000 for both categories together,) the U.S. each year gives out visas (and thus legal status) to less than 1% of the number of undocumented immigrants working in the country.

So to recap: the U.S. has the highest unemployment rate in years, but no Americans willing to take the agricultural jobs that feed its population. The U.S. has over 8 million immigrants already in the country, but with no possibility of obtaining a legal visa. (According to the most recent State Department visa bulletin, the waiting time for the 3rd labor preference category for "skilled, professional, and other" workers is no less than 8 years, and so over-subscribed as to be completely unavailable for applicants from Mexico. Since low-skilled workers are only a portion of this 3rd preference, in reality the delays are much longer.)

So when pundits talk about undocumented immigrants having to "get to the back of the line," before than can gain legal status, we need to understand that there is no line to get in -- there are simply nowhere near enough visas given to handle the demand for immigrant labor. If we were to do the impossible and seal the border today, we would still have the same disconnect between the number of people working here, and the number of visas available. If we were to legalize everyone inside of the nation, but do nothing about visa reform, within a few years we'd be right back where we started. Enduring reform must include visa reform.

Thankfully a tentative first step has been taken toward solving the problem, in the form of the AgJOBS bill. According to Senator Diane Feinstein (D-CA), a co-sponsors of the legislation, the bill would allow many of the undocumented workers already in the country to receive legal status to continue to work at their jobs and make the temporary work visa for agriculture (H-2A) better suited to America's labor needs. Sadly AgJOBS has been held up in the fight for CIR.

No matter when or in what shape immigration reform occurs, I hope that changes to the visa system are part of it.

 

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10:25 PM on 08/30/2010
Personally I totally agree with what you said "We must fix the visa system"----with an organized immigration visa system to determine who is eligible to come, there will not create any more illegal immigrants. Also, from some online news or forum, it is proposed that international students who have advanced degree in Science & technology should be granted green cards without tied to employer-sponsored working visa----personally I do think it is a good idea because every country welcomes knowledgeable and wealthy people to immigrate. This type of international students are knowledgeable and wealthy enough to immigrate and buy cars, houses, computers and all kinds of household appliances to uplift the sales of retail business for the better economy. However, I do think there should be a comprehensive background check for them and to make sure they are free of criminal backgrounds before granting green cards.
10:37 AM on 08/04/2010
The "Take Our Jobs" thing is a cute web stunt. The goal of the people setting it up was to be able to say "see, no Americans want the job." I would not even trust them to have accurately reported the number of people expressing interest. More importantly, there was no effort to advertise this in places where low-skill Americans might actually be looking. If you look at the website, it doesn't even say where the job would be. So this stunt means absolutely nothing.

More generally, it is not clear why liberals should not want there to be some scarcity in farm labor. I have read that labor costs represent about 11 cents on a head of lettuce. If that number were forced to double due to labor scarcity, bringing in lots of Americans to do the job, would that be a bad thing for the US?

BTW, it is a bit strange to see a PhD candidate flacking for the Ag industry as you would appear to be. Have you disclosed any financial connections you might have with the Ag Industry? Just asking.
04:31 PM on 08/03/2010
Perhaps the author should take a few tax accouting classes as he is working on his advanced degree in immigration history then he could discuss how tax law allows those who go from being illegal to being legal can file back tax returns to collect all tax benefits. This includes the Earned Income Tax Credit which can result in a possible refund of $5,000 a year for a family of four. In addition they will also receive the child credit and interest for the period covered. I am not sure how well the American people are going to accept a "Welcome to American and here is your check for $22,000." In addition, immigrants use all welfare programs at greater rates than the public as a whole. Documentation of this by the GAO is all over the Internet.
11:50 PM on 08/09/2010
undocumented immigrants are not eligible for welfare programs.
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Dee Amschler
on the edge
12:47 PM on 08/03/2010
We need to admit that industry - at all levels - are using immigrants legal, illegal and in various shades of "legal gray" to falsely depress wages. It's not just something being done at the bottom wage jobs like farmwork - they're doing it in skilled/professional jobs too, just with people from other countries who are obvious enough to need a VISA. Look what the employers in fields like IT have done using H1-B VISAs despite lots of Americans who have the skills and would gladly work - if the pay was dropping by as much as 20-30% (or more at some companies) per year while the employers expected things like permanent on-call...

Enforce the law on EMPLOYERS, make employers in ALL fields obey labor and wage laws, get stricter on things like VISA programs. Then see what problems remain and what (if any) new laws are honestly needed.

Yes we have a problem, but the immigrants are only half of it. Why do we keep concentrating on only half?!?
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Philip Wolgin
06:57 PM on 08/03/2010
I agree wholeheartedly - a strong employer sanction regime (rather than simply targeting the immigrants themselves,) is the other piece of the puzzle. But again, if you look at the history of immigration policy, specifically IRCA in 1986, policymakers implemented a (largely failed) sanctions program without reforming the visa categories. Both need to happen together.
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Dee Amschler
on the edge
01:59 AM on 08/04/2010
Hey, I was still in high school back then... But that does sound like our government, do a half-a**ed job and pat themselves on the back as if they'd worked miracles. Doesn't do a bit of good to shut the barn door when the horse is already gone and does even less good to shut just one side when the horse is already gone - both seem to be what our government is best at doing. Being proactive and doing the whole job right the first time (or at least attempting too) seem to be pretty consistent failures across my lifetime of 41 years of government observation.

You're ultimately right, not going to argue that, we can't just keep scapegoating immigrants. Not when the problem also includes a badly broken system and EMPLOYERS who are ALSO abusing the system. And it's not doing us a bit of good to keep applying bandaids to one part at a time and seldom or never to all parts (or at least quite persistently missing certain ones - like the employers)...
10:17 AM on 08/03/2010
Do you mean to tell me that ultra wealthy agri-businessmen are employing illegal immigrants at below subsistance wages and passing the financial burden of their health care, education, infrastructure and criminal activity on to the taxpayer???
Then, I guess we should stop the ineffective red herring debates on side issues like "profiling" and "guest visas", with which both wings of the Corporate Party keep us spinning our wheels. Rather, we could do what the majority of the citizens of THIS country want and prosecute to the fullest extent of the law, the industries and their leaders who profit at the expense of the well-being of the nation. Illegal immigrants come here because they are given jobs by wealthy business owners who enjoy having a cheap source of desperate and disposable workers. If the CEO's and wealthy individuals who BENEFIT from violating our immigration laws were sufficiently punished (e.g. asset stripped) there wouldn't be a problem. ILLEGAL immigrants would be forced to return home and demand change for the better from their own mis-run, corrupt governments. This is what AMERICANS want and this is what our "elected" officials refuse to do.
Want to threaten us with "higher prices"? How 'bout we threaten YOU with "sharper pitchforks"? HARR HARR!
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Uggg
09:09 AM on 08/03/2010
Immigration reform first Enforce the Laws on the Books, Secure the border, then take a look at what needs fixing one step at a time and fix it Do not try and Cram a Mega Bill down the American Citizens throat just amend current laws to fix them Do not grant Amnesty for the Law Breakers send them back to their country of origin and have them apply through proper channels change the 14th amendment to current times as to not have Anchor Baby's
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hjo4
Don't make your problems mine
08:02 AM on 08/03/2010
I believe we should give consideration to those here on expired visas ONLY. The people who this effect did at one time enter America legally and lawfully. That should count for something.Anyone here without an expired visa SHOULD be deported. End of story.
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Uggg
09:15 AM on 08/03/2010
That is a very good point and feasible I would understand giving those people consideration because some Bureaucrat lost or did not process their paperwork in a timely manner
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Erkan Tarik
12:36 PM on 08/03/2010
i agree i've known RNs who graduated from US schools with their students visa but became out of status because of retrogation. The hospitals need nurses all the time but these people cant work because lack of work permit even thoug the hospitals want to be sponsor for them. The immigration law is truly broken. there is no common sense.
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Curandera
07:29 AM on 08/03/2010
OMG! I can't believe there is an article that says "there is no line to get to the back of" (paraphrasing)! I've been posting this to a zillion posts for years and have never seen it in the actual article. This should be in the body of EVERY SINGLE article because that's what the arguments always break down to. "I'm not against immigrants, I just want them to come here legally." As if rather than deal with some messy paperwork, the illegal immigrant gathers up his wife and children and crosses the scorching desert and puts their lives in the hands of smugglers because that's easier!

There is no line! There is no line! There is no line! Ugh!
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Philip Wolgin
06:58 PM on 08/03/2010
Thanks Curandera - I agree that it's one of the biggest problems with the rhetoric around immigration reform. There is no legal line to get in...
02:53 AM on 08/03/2010
There really is a simple solution. Most of illegal workers, especially those from Latin American countries, wouldn't even come here if there were jobs available at home. (We Americans like to think that most people that live elsewhere would rather live here. That isn't true.) So why don't we, instead of spending billions on immigration reform: walls, increased policing, raids; use this money to look at how we can help to create jobs in developing countries. It is, of course, in the interest of the US to have politicians in poor countries dependent on us for their political survival, (they are obligated to express support for our policies), so it is, in a way, contrary to our best interests as a country to develop these countries into self-supporting and economically significant countries. However; this needs to be offered as an alternative. I am aware of no discussion on this topic. Why not?
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voyager48
Illegitimi Non Carborundum
11:00 AM on 08/03/2010
Mexico's unemployment is 6%
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Philip Wolgin
07:01 PM on 08/03/2010
I've heard some academics talk about the need to raise development in places like Mexico as the best way to solve the immigration problem, and I whole heartedly agree that it would probably be the most durable solution. That being said, if passing immigration reform in this country is difficult enough, I'd imagine it would be even harder to sell the American public on a significant development/jobs creation plan in another country.
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kenhamlett
02:32 AM on 08/03/2010
We are missing almost all of the essential parts of immigration reform because both political parties are acting as demagogues to pander to a particular set of voters. As a Democrat, I am most disappointed in my party, which I always thought had the high road on this issue. Our President, who promised to tackle this issue in his first year in office did not do so. In his second year, he tackled it in the most craven manner and only when he saw an opportunity to divide the country further and pander for Latino votes. The Republicans? Well, they are simply doing the reverse -- pandering still, but to a different group. No one has the high ground here, and no one is even talking about honest solutions. The Arizona law may be somewhat flawed and in need of correction or even withdrawal. But, what are the Democrats suggesting as an alternative? Nothing but a call to the streets to inflame the Latino vote. Oh yeah, that will solve the problem. Some people speak of the President's lost opportunities. These are not lost opportunities. These are opportunities he is purposefully throwing away!
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01:14 AM on 08/03/2010
Visa Reform IS part of the solution proposed in Congressman Gutierrez's CIR ASAP Bill - 100,000 humanitarian "preventing unauthorized migration" visas each year for in the first three years, then an independent commission on labor and "future flow" would begin to make determinations re visa allocation.

As I understand it, these new visas would be for folks from

"countries which represent at least 5% of the total unauthorized migration population within the United States for the past five years and will be distributed on a percentage basis through a lottery system.
# Individuals may apply to the lottery if they are not present in the United States at time of filing, do not have other family or employment based means to immigrate, submit to criminal background checks, and have completed less than a 4 year college degree program.
# Individuals awarded visas will be admitted to the United States as conditional residents and may petition for LPR status after 3 years.

The proposal also has provisions for “recapture” of unused visas from '92 - '08.
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voyager48
Illegitimi Non Carborundum
11:02 AM on 08/03/2010
ok so that is not a device to exclude those deserving poor that cannot just walk across the border?
12:54 AM on 08/03/2010
The elites pay for his schooling and will pay his salary when he graduates. He is not stupid.

I remember when I was young, and I could not wait to reach the ripe old age of 14 so that I too could go to work in the tobacco fields in CT. The farms had school buses that came into the suburbs to pick up the kids during the summer. IT was a great way to get back to school money, and more importantly, to meet girls. So yes there are plenty of Americans who would do this kind of work if the illegals were sent packing home. We did it for nearly a century without them, and can do it again.
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10:05 PM on 08/02/2010
Even if you accept as true your premise that there are no Americans willing to do agricultural work, the total number of agricultural workers in the US is less than a million. The vast majority of illegals are in other industry where they compete with legal residents. Take for example landscaping. I have never seen a Mexican landscaper in my area. In phoenix you would have to wear a blindfold not to see them. Your premise is in fact false, but even if it were true nobody would really have a problem with a guest worker program for picking crops. That is not the issue. What it is about is the elites wanting to have cheap labor to exploit so they don't have to pay US workers an honest wage.
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ugly american
"I drank what?"- Last words of Socrates
09:25 PM on 08/02/2010
All of it is pretty un-sexy. Except maybe the LGBT citizens who should be able to sponsor their other.
There are many more facets to Immigration Reform than Border Security and Amnesty.
Those two things block anything else and there are logical arguments for both.
So it is proposed to end illegal immigration by issuing visas to everyone who wants one, starting with the 8 to 20 Million who came here already. Then we have how many more for everyone around the world?
Though immigration history may be important, American and Mexican history should be considered.
Our Federalist papers cautioned against giving citizenship to everyone who set boot on our shore.
Without Mexico's help we cannot seal the border except through military means. They object to any move we make which may force their citizens to stay or return home.
Mexico has historic objections they teach their people to the US owning the Western half of the country.
So what motive would they have for sending 10% or more of their population to the US? And why the insistence that we make them ours even though they plan for them to remain Mexican?
They are now protesting other immigration laws as if the US is not supposed to have them at all.
They don't need visas on a golden platter. They need transportation to the south of Mexico.
Our citizenship is more precious than to just give it to anyone who arrives
This would be a really bad idea.
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Contact1972
BigGayInc
03:52 AM on 08/03/2010
Thank you for mentioning the LGBT community. For gay, tax paying American's there is no way currently for us to sponsor our foreign born spouses. My partner, of 10 years, and I are rapidly running out of options. No one should have to choose between the country they love and the man or woman they love . NO ONE.

Support the Uniting American Families Act(UAFA).
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Philip Wolgin
07:03 PM on 08/03/2010
Absolutely. UAFA needs to be an integral part of CIR.
09:23 PM on 08/02/2010
We need to get some cooperation from members of congress to work on long term
solutions to our nations problems and stop focusing on the next election. When did the
word compromise get deleted from the english language? We all need to work together
to solve our nations problems. The party of NO has become the INTOLERANT party
of NO compromise. Most children outgrow their NO phase when they begin school
and learn the world does not revolve around them.