Pages
Stay In Touch
More
© 2009 Spar & Bernsteins 'Law link' Blog
How frustrating do you think it is for someone who has had years of specialized training & experience in their home country and find themselves in jobs well outside their expertise? It happens everyday here in the United States.
Most of us Americans think of the job market strictly in terms of the continental United States. Many are under the impression that all the talent we need is right here in the U.S. already. The truth is that we depend upon the global supply of talent for many industries across a broad spectrum.
For example, much of the new start-up activity out of Silicon Valley can be attributed to immigrant talent. People today tend to forget that it has always been the immigration talent pool coming to our shores that plays a large role in American business and industry. It is apparently just too convenient to think everything has to be ‘made in America’ to be worthy, including our talent pool.
The Associated Press had a recent article on this issue entitled the “Brain Waste Thwarts Immigrants Dreams”. Here’s part of the article:
After finishing medical school in Bogota, Colombia, Maria Anjelica Montenegro did it all – obstetrics, pediatrics, emergency medicine, even surgery. By her estimate, she worked with thousands of patients.
None of that prepared her for the jobs she’s had since she moved to the United States: Sales clerk. Babysitter. Medical assistant.
That last one definitely rubbed raw at times.
“I know I was working in my field,” the 34-year-old New York resident said. “But that is medical assistant. I’m a doctor.”
Montenegro is hardly unique, given the high U.S. unemployment rate these days. Her situation reflects a trend that some researchers call “brain waste” – a term applied to immigrants who were skilled professionals in their home countries, yet are stymied in their efforts to find work in the U.S. that makes full use of their education or training.
Most of these immigrants wind up underemployed because of barriers like language, lack of access to job networks, or credentialing requirements that are different from those in other countries. Some are held back even further because they’re also in the U.S. illegally.
An analysis by researchers at the Migration Policy Institute, an immigration think tank, estimated that 1.2 million college-educated immigrants in the United States were underemployed, out of a population of 6.7 million. About another 350,000 were unemployed. The analysis, based on data from the Census Bureau’s 2009 American Community Survey, did not differentiate between legal and illegal immigrants.
Brain waste has consequences for immigrants as well as American employers and the larger economy, said Jeanne Batalova, policy analyst at the institute and co-author of a study on the issue.
For immigrants, it means bringing home less money than they have the potential to earn. For employers, it means fewer skilled applicants in their hiring pools. For the country overall, it means a missed opportunity to leverage already trained professionals in areas where there may be a desperate need for them.
——————————-
In globally connected world where the economies of one nation depends on the economies of other nations, countries that recognize and encourage global talent to arrive on their shores will win the day. Let’s hope the United States wakes up to this fact when it finally decides to re-engineer our immigration policies to reflect the globalization of talent. Our economic future depends on it.
The New York Times reported yesterday that a bill was introduced into the legislature that if passed, would grant certain rights to undocumented workers. For example, this bill would give illegal immigrants the ability to obtain drivers licences. Although there seems to be a bit of excitement about this bill, it does not offer a path to legal residency like the DREAM ACT would have had it passed through our Congressional process.
But it is remarkable that yet another state, my home state of New York, would think that taking immigration policy into its own hands is a good idea. This from the state that can’t even budget straight!
The New York Times reported that “New York allows illegal immigrants to pay in-state tuition, but the bill would give them access to state financial support, including grants, loans and scholarships. Its most ambitious proposals are those seeking to provide certain illegal immigrants with ‘state identification or driver’s licenses’ and ‘work opportunities with the State of New York.’
This is yet another indication that our federal government, whether lead by the President or by Congress or both needs to take the lead on immigration reform and do it now.
We know the importance of immigration reform in the context of how critical it is to our own economy, we often forget how our immigration policies affect other countries economies. For instance, with President Obama traveling through Central America recently, he noted this (as reported by the Associated Press):
“Obama promised a new partnership across Central America to increase trade and economic growth, target drug trafficking and create opportunities so that people can find work in their home countries and “don’t feel like they have to head north to provide for their families.”
He also said anew he would push for a comprehensive reform of immigration laws in the United States, including a “pathway to get right by the law” for those who live in the country illegally. But that volatile issue is stalled in Congress and shows no signs of political life.
El Salvador has one of Central America’s highest rates of emigration, especially to the United States. About 2.8 million Salvadoran immigrants living in the United States sent home $3.5 billion last year, so laws that crack down on immigrants can significantly affect the Salvadoran economy. Obama said Republicans who now exert greater control in Washington were more reluctant than in the past to engage in comprehensive reform, but added, “I am confident that ultimately we are going to get it done.”
——————–
So it’s a delicate balance in the global sense that whatever we do on immigration reform can dramatically affect the economies of many of our partner countries, in this case, many South American countries. You could make the same case for our Caribbean partners as well.
Immigration reform isn’t just about the United States. We need to be aware that as a leader of the free world, whatever we do on immigration reform will impact many of our global partners good, bad, or indifferent. 
My wife recently sent a letter to President Obama and she received a reply back via email. I thought I’d share it with you today (in italics):
March 14, 2011
Dear Friend:
Thank you for writing me. I have heard from many Americans concerned about immigration, and I value your input as we work to address this pressing challenge.
We are all united under the principles etched onto our Statue of Liberty: “Give me your tired, your poor, your huddled masses yearning to breathe free.” Our Nation has always prospered from this generous and hopeful spirit. Yet, today, our immigration system is broken and a large portion of our economy depends on millions of workers living in the shadows. We are a Nation of laws and a Nation of immigrants, and we must reconcile those traditions.
For too long, politicians in Washington have exploited this issue to divide us rather than searching for practical solutions that unite us. We must put politics aside and offer a comprehensive solution that secures our borders, enforces our laws, and reaffirms our rich tradition of welcoming immigrants.
There is broad consensus around building a solution that stops the flow of undocumented workers across our borders and prevents employers from hiring undocumented workers. However, we know that enforcement is only part of the solution. We must also require undocumented immigrants who are already here to step out of the shadows and onto a responsible path to earn citizenship by demonstrating sound character, a commitment to America, and a strong work ethic.
To learn more about my policies on immigration, please join me online at: www.WhiteHouse.gov/agenda/immigration. For additional information and resources, visit www.dhs.gov or call 1-800-375-5283. Again, thank you for writing.
Sincerely,
Barack Obama
——————————————————-
We want to encourage you to write the President and all of your Congressional representatives and let them know how important it is for our country to develop a modern and balanced immigration policy. Like I’ve said many times before on this blog, our longterm economic health depends on being able to encourage the best-of-the-best in the global talent pool to come work here in the United States. We also need an immigration policy that accurately acknowledges the millions of undocumented workers who need a well-defined and positive pathway to becoming contributing citizens of this country.
Brad
I thought you might appreciate this from our exclusive Spar & Bernstein AP Newsfeed this morning:
PHOENIX (AP) – Arizona legislators took a timeout from illegal immigration with the Senate easily defeating five related bills, reflecting little appetite for an issue that made the state the focus of national debate and protest last year.
Majority Republicans were split Thursday in their votes on the defeated bills, which included two measures intended to force a U.S. Supreme Court ruling against automatic citizenship for U.S.-born children of illegal immigrants. The other three dealt with health care, public services and everyday activities such as driving.
Supporters of the measures voiced frustration and said there could be political fallout for lawmakers who voted against them.
“The lack of political courage” is the only impediment to step up pressure on illegal immigration, said Republican Sen. Russell Pearce, the sponsor of the 2010 law.
But business leaders have been urging lawmakers to put the issue aside to avoid damaging the still-ailing economy. The 2010 law known as SB1070 resulted in protests, boycotts and legal challenges. A federal judge has put key provisions on hold.
“It’s time for us to take a timeout,” said Republican Sen. John McComish of Phoenix. “It’s something that the people don’t want us to be focusing on.” Critics also said the bills rejected Thursday were over-reaching and flawed.
The two bills on citizenship were defeated on votes of 12-18 and 11-19 as majority Republicans split on the issue. The chamber’s nine Democrats voted against all of the bills. “I’m hopeful that now we can move on and focus on the business of the state,” Democratic Minority Leader David Schapira of Tempe said after the three-hour floor session.
One of the rejected bills would have required hospitals to contact federal immigration officials or local law enforcement if people being treated lack insurance and can’t demonstrate legal status.
Critics said that would burden hospitals, but Republican Sen. Steve Smith of Maricopa said his bill didn’t require much.
“Maybe you forgot it’s illegal to be in this country illegally,” he said during the vote on his bill. “We just ask them to report the crime, not be the judge and executioner.”
Also defeated was a bill to require schools to file reports on enrollments of illegal immigrant students.
The fifth bill was a sweeping measure sponsored by Pearce. It would have made it a crime for illegal immigrants to drive in Arizona. It also had provisions on registering vehicles, workplace hiring and various public benefits.
It would ban illegal immigrants from attending Arizona’s public universities and community colleges. The state does not now have a ban but it does require illegal immigrants to pay higher, non-resident tuition rates.
Pearce’s bill also would have required eviction of public housing tenants who let illegal immigrants live with them and make applicants for vehicle titles and registration prove they are in the country legally.
Pearce and other supporters said cracking down on illegal immigration would provide relief to taxpayers by cutting costs for education, health care and other services.
Earlier Thursday, Gov. Jan Brewer said she didn’t have positions on the bills and she declined to wave off legislators from taking up the issue of illegal immigration again.
“I believe that illegal immigration is an important subject to the populace in Arizona and is something that probably needs to be further addressed,” said Brewer, a Republican who signed SB1070 into law.
Dozens of CEOs of major employers and business groups signed a letter distributed Wednesday by the Greater Phoenix Chamber of Commerce, saying that passage of additional legislation on illegal immigration would damage the economy and tourism.
Arizona should instead push for federal action on immigration and border issues, according to the letter signed by heads of construction companies, hospitals, real estate developers and US Airways.
“Arizona’s lawmakers and citizens are right to be concerned about illegal immigration,” the letter said. “But we must acknowledge that when Arizona goes it alone on this issue, unintended consequences inevitably occur.”
I often hear people make the argument that the United States should require anyone who wants to enter the U.S. prove they can speak the English language. On the surface, that seems like a reasonable point of view…until you think about what it really means. What that requirement would do is put yet another barrier in the natural flow of immigration. It would essentially marginalize immigration into the United States and put a choke hold it.
Imagine if those going through Ellis Island more than 100 years ago had to meet this requirement. They all would have been turned back!!! And some of those who are anti-immigration wouldn’t be here in America today!!
What would our country be like today? I don’t know but I’ll venture a guess that we’d be less of a country for making English a requirement for entering our country legally. Of course, most immigrants do take on English as a second language because the reality is it helps in the economic transition here.
Recently, the Associated Press reported on how Italy and some other European countries are making speaking the native tongue a requirement for entering. Here are a few excerpts from that AP article I thought you might appreciate.
Italy is the latest Western European country turning the screws on an expanding immigrant population by demanding language skills in exchange for work permits, or in some cases, citizenship. While enacted last year in the name of integration, these requirements also reflect anxiety that foreigners might dilute fiercely-prized national identity or even, especially in Britain’s case, pose terror risks.
Some immigrant advocates worry that as harsh economic times make it harder for natives to keep jobs, such measures will become more a vehicle for intolerance than integration. Others say it’s only natural that newcomers learn the language of their host nation, seeing it as a condition to ensure they can contribute to society.
In Austria, terms are tougher. There, where native speakers have been sometimes known to scold immigrant parents for not speaking proper German to their children, foreigners from outside the European Union need to prove they speak basic German within five years of receiving their first residency permit. Failure to do so can bring fines and jeopardize their right to stay.
The government argues that foreigners who master German can better integrate and help foster understanding across cultures. But, like in Italy, critics say it’s a just a pretext for erecting barriers.
“The German language is increasingly being used as a marginalization tool,” said Alev Korun, a Turkish-born member of the opposition Greens party who immigrated to Austria when she was 19.
Austria’s Cabinet approved new rules requiring most immigrants to have elementary German skills before they even enter the country. They’re part of a plan to create a new “red-white-red card” — the colors of the Austrian flag — for a work permit for qualified non-EU citizens aimed at filling gaps left by an aging work force. The legislation now goes to parliament for consideration.
Critics say requiring people to speak basic German before they set foot in Austria would be an unreasonable barrier for people from poor, rural areas who can’t afford or access German classes.
“I think this is a very clear form of discrimination of certain type of immigrants,” said Barbara Liegl, head of the Austrian anti-racism organization ZARA. “I see massive disadvantages for specific groups.”
Terrorism pushed Britain to start strictly enforcing a requirement for English-language competency for prospective citizens. Three of the 2005 London suicide bombers were native Britons of Pakistani descent while the fourth was born in Jamaica.
Since 2005, would-be citizens and permanent residency holders have been asked to prove their command of “Britishness” by answering multiple choice questions, in English, on British history, culture and law, from explaining the meaning behind the fireworks-filled Guy Fawkes Night, to knowing which British courts use a jury system.
Britain’s government has pledged to dramatically cut immigration, and the language requirement is effectively a tool to put a cap on the number of newcomers, said Sarah Mulley, an immigration expert at the Institute of Public Policy Research, a London think tank.
Home Secretary Theresa May, who aims to cut immigration to below 100,000 by 2015, said language tests will help weed out those who don’t plan to contribute to British life. She has singled out spouses seeking marriage visas to join English-speaking partners as a particular concern.
I wrote about this in my 3/8/11 blog post. Now, as reported recently by the Associated Press:
SALT LAKE CITY (AP) — Utah lawmakers have approved an immigration package that includes an enforcement law reminiscent of Arizona’s but tempered with a guest worker program for illegal immigrants.
The immigration measures approved by both chambers Friday night would allow illegal immigrants to get a permit to work in Utah. But they also include a requirement that police check the immigrant status of anyone stopped for a felony or serious misdemeanor.
Supporters say the entire package balances economic needs and compassion, while opponents argue it will likely encourage more illegal immigration.
Lawmakers initially balked at the enforcement measure, HB 497, because of what some viewed as a likely backlash. But sponsor Rep. Stephen Sandstrom, R-Orem, garnered enough support for passage after amending it to focus on more serious crimes.
The Arizona law approved last year drew nationwide controversy over provisions requiring police, while enforcing other laws, to question a person’s immigration status if they have reasonable suspicion they’re here illegally. That aspect of the law was put on hold by a federal judge.
The Senate sponsor, Sen. Margaret Dayton, R-Orem, said it was a “Utah effort” that distanced the state from criticisms leveled at Arizona’s law.
Rep. Bill Wright, R-Holden, the sponsor of the bill creating the guest worker program, HB 116, said if the state can secure a federal waiver the program could become a model for the entire country.
It would allow illegal immigrants to get a permit to live and work in Utah with their families.
The most vocal critic, Rep. Chris Herrod, R-Provo, said a guest worker program would draw more illegal immigrants to Utah.
“People think we’ll be seen as compassionate,” Herrod said. “People will actually see us as weak. They will see we don’t care about the rule of law.”
Other measures in the package easily passed the two chambers.
___
Associated Press reporter Chi-Chi Zhang contributed to this report.
Of states that lean to the conservative side of issues, few would expect that Utah would take the lead in working to develop a response for immigration reform that makes sense. May I remind you that I’m not in favor of states taking immigration reform into their own hands. Our federal government still needs to address immigration reform as a national policy. However, the position that Utah is taking should be an inspiration for national policy. It’s the exact opposite approach of what Arizona has attempted to do.
According to a recent article in the Wall Street Journal (March 5-6 edition), the Republican dominated state legislature is considering several proposals that would expand the number of temporary guest workers allowed in the state. A bill sponsored by state Senator Curt Bramble (Republican) would allow unauthorized workers who are already working in Utah and who can pass a criminal background check to apply for a temporary work permit via the state. Upon passing a criminal background check, they would also be required to pay a find of up to $2,500.
Why would a very conservative state like Utah propose something that other states considering their own legislation (Arizona, South Carolina, Alabama, etc.) would never consider? The primary reason is that Utah acknowledges the positive economic impact unauthorized workers have in their state.
“Utah is best served by a free-market philosophy that maximizes individual freedom and opportunity. We acknowledge the economic role that immigrants play as workers and taxpayers. Utah’s immigration policies must reaffirm our global reputation as a welcoming and business-friendly state”, states one of the principles noted in the Utah Compact. The Utah Compact is what the state has developed to guide immigration reform and was developed by Utah’s Attorney General’s office.
If only our federal government would acknowledge the same principle. While I’m not for individual states reforming immigration policy on their own, Utah stands out as the only state so far who at least has articulated guiding principles that make sense for national immigration policy reform.
Like many states these days, Georgia is trying to do what our federal government is seemingly unable to do: develop and passed an immigration reform bill. So this week the Georgia House has passed their version of immigration reform and the bill now moves onto the Georgia Senate.
This really bugs me for more than just the fact the our federal government has dropped the ball on immigration reform. What is really disturbing is that despite the judicial rebuke that Arizona suffered last year for passing their own immigration bill, states like George have all but ignored the Constitutional implications. State mandated immigration reform is outside the purview of the states…it’s clearly a federal issue. Nonetheless, the states have conveniently ignored that and are moving to do what the feds can’t.
As I’ve said many times before in this blog, immigration is a NATIONAL POLICY ISSUE, not to be created and stitched together by 50 individual states. What if we ran our federal tax system on the basis of what each individual state thought was best? It would be a nightmare (although I’m sure many would argue that it would be a good idea even though it isn’t).
The nightmare for our economy is for the employers, and especially multi-state employers…who have to figure out how to comply with immigration laws on both the federal and state levels.
You just can’t make this stuff up…it’s just unbelievable that our state legislators can be so ignorant of their actions.
What do you think?
With the advent of the federal electronic verification system, known as E-Verify, the feds are working hard to get every business using the system as a way to comply with immigration laws when hiring new employees. E-Verify is an idea that misses the mark on helping to solve the real issue here: immigration reform.
I want you to read the following, provided by the American Immigration Lawyers Association (AILA):
As the House Immigration Subcommittee prepares for its hearing, “E-Verify- Preserving Jobs for American Workers,” the American Immigration Lawyers Association (AILA) calls upon Congress to tell Americans the full story of the flawed electronic employment verification system. Any expansion of this system will burden U.S. employers, waste time and taxpayer resources, and slow the nation’s economic recovery. The Congressional Budget Office reported that implementing mandatory E-Verify would cost American taxpayers as much as $3 billion over five years.
AILA President David Leopold said, “The new Congress should be focused on America’s economic recovery. Expanding mandatory E-Verify would threaten the jobs of thousands of U.S. citizens and saddle U.S. businesses with additional costs-all at a time when we need to stimulate our economy. Expanding E-Verify now would be in direct contradiction to the goal of creating jobs.”
AILA supports American workers and the integrity of our workforce. Executive Director Crystal Williams asserted, “But E-Verify alone does not make workers legal. Only a viable immigration system does that.”
“Once again, Congress is missing the point. We can’t enforce our way out of a broken immigration system. What we need are solutions. Congress should consider a broad approach to immigration. Smart immigration policies that include a pathway to compliance for the millions of undocumented immigrants currently living and working in the U.S. would add billions of dollars to the economy and raise the wages of all American workers,” said Leopold.
E-Verify sounds like a great idea…on paper. Once again, it’s a band-aid to the real solution of national immigration reform.
CNN recently noted that among many immigration reform bills floating around the Texas legislature, one bill contained a surprising loophole for illegal immigrants.
The bill (House Bill 2012), introduced by Texas State Republican Debbie Riddle, makes an exception for hiring unauthorized immigrants “for the purpose of obtaining labor or other work to be performed exclusively or primarily at a single-family residence.”
According to CNN, “As proposed, House Bill 2012 would create tough state punishments for those who ‘intentionally, knowingly, or recklessly’ hire an unauthorized immigrant. Violators could face up to two years in jail and a fine of up to $10,000.”
It’s a remarkable exception to a supposedly tough immigration bill. However, if you understand the economics behind the exception, it all begins to make sense.
Texans, like many others around our land, openly hire unauthorized immigrants to do jobs that most Americans shun. That would include things like landscaping or housework. More often than not, hiring for these kinds of positions goes on all around the U.S. everyday. It’s so common that most overlook it or turn-the-other-cheek as they say.
This kind of unauthorized hiring is built into our economy and is no small piece of change. These unauthorized immigrants that work hard and earn a living here also spend that money here (yes, they do send a part of it home but much it gets spent here).
However lame it might look for those who want ‘tough’ immigration laws, this bill at least has some logic to it and acknowledges the economic realities of real life in America today.
It’s also quite possible that the author of this Texas bill realized that some of her colleagues probably hired an unauthorized immigrant or two at one time or another.
