Immigration Pedantry
Sean Michael Winters writes:
Democrats should start by running a series of ads with prominent immigrants from popular culture. Swing voters are probably not impressed by Bill Richardson, the Hispanic governor of New Mexico. They are impressed by Albert Pujols of the St. Louis Cardinals. Pujols is from the Dominican Republic, he is a perennial all-star, and he is a born-again Christian.To get technical about it, though, star athletes are actually eligible to enter the country on entirely separate terms from your average person. They can get a EB-1 Immigration Visa for people with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation" or O-1 Immigrant of Extraordinary Ability visas among other approaches.
Basically, it's simply not true that American can't crack down on immigration without retaining our supply of foreign athletes, singers, movie stars, big name academics, etc. This is one of those problems that congress actually already thought of and dealt with by creating the different eligibility categories. Indeed, as you'll read here there's even a provision in the H-1B visa rules to provide for the temporary employment of foreign fashion models. For whatever reason, nobody talks about the deleterious impact that has on the earning power of our native-born models.
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It seems to me that this is really outside of the issue anyway. The argument seems wholly based around questions of what to do with illegal immigrants, who are overwhelmingly poor and not extraordinarily skilled. Highly skilled wokers don't really factor in.
One of the problems of the guest worker plan is that it puts them in a class similar to what you describe above. O-1, H-1B, and (it appears) EB-1 status convey no path to citizenship. Because H-1B workers, as Steve Clemons and Michael Lind pointed out just a couple days ago, rely on employer sponsorship and have no inroads to citizenship, they are at the employer's whim.
It seems to me that the less skilled a worker is, the greater this problem becomes. No one seems to be discussing the problem of what to do with a guest worker who gets fired. Does he have to go home again right away? Does he have a grace period? Is there a guest worker registry that will find him a job, or does he have to find it on his own? Highly skilled workers who lose their employers can land on their feet; is the same true of the lesser skilled?
I don't know the answer to this, but I think it's important to think about it.
April 14, 2006 9:52 AM | Reply | Permalink
I'm fairly sure that Winters is intentionally blurring that line. It's not that we lack the ability to legalize Shakira, but that Shakira is no different from the still-undocumented Jorge. The point of his ads is conflate "deserving" immigrants with undocumented ones, and highlight the lack of serious difference. It's a PR strategy, and it's a sound one.
April 14, 2006 9:56 AM | Reply | Permalink
Not to be pedantic about it, but I think Matt means "pedantry" not "peNdantry".
Otherwise, it's a good post.
April 14, 2006 10:28 AM | Reply | Permalink
I believe the Governor of California immigrated on one of those visas.
April 14, 2006 10:41 AM | Reply | Permalink
Sigh. But pendants are so pretty!
April 14, 2006 10:51 AM | Reply | Permalink
Pendantry might refer to a bizarre fixation with pendants that is very pervasive among immigrants.
On a more serious note: I think what the Democrats should do is to highlight the inhumanity of some of the draconian measures that the House Republicans embrace and advocate.
Conservatives are right to say that it is neither appropriate nor intelligent to reward the breaking of laws by granting immediate amnesty, but the punishments they advocate far exceed what the crime demands. To suggest that someone who has violated immigration law deserves to have his or her family broken up, or that people who might help "illegal immigrants" (I personally do prefer the term undocumented workers) should be forbidden to do so by law is to suggest that disproportionately harsh measures be taken to inflict pain in the lives of ordinary people. What Democrats need to do is to have people like Albert Pujols--if he is indeed someone who happens to feel as I do--say publicly that they resent the anti-Hispanic sentiment generated by those on the far right. I am a legal permanent resident in this country, and I came here legally as a PhD student. But I do resent the contemptible callousness with which so many voices on the right speak of illegal immigrants. One thing is to talk policy, and to advocate a get-tough-on-illegal-immigration-henceforth approach. A totally different thing is to demonize these people (with whom legal permanent resident Hispanic-Americans have contact and towards whom there is a good deal of solidarity), casting them as despicable criminals.
On a more personal note--and I imagine many well-qualified Hispanics who have come to this country the way I did would agree--I feel incredibly fortunate to have been born to a well-educated high-middle class family in my home country, to have had the opportunities I had in a land where close to 45% of the population doesn't even know how to read and write, and to have come to the US legally to pursue highly abstract studies. How on Earth could I not feel some sympathy for these other people who have not had the kind of fortune I've enjoyed, and who come here to try to help their families out? So long as many continue to paint them as criminals deserving of stigmatization and mass deportation, I will continue to wonder if contemporary righteous and loud indignation towards them is--in some--but the expression of latent racial prejudices.
April 14, 2006 11:04 AM | Reply | Permalink
>latent racial prejudices.
Latent? Given that this is catering to the "minutemen" crowd, this looks more like open virulent racism to me.
April 14, 2006 12:12 PM | Reply | Permalink
exactly, and it could be about how much immigrants add, not really who they are.
April 14, 2006 12:41 PM | Reply | Permalink
Some years ago I noticed that the term "illegal alien" came into popular parlance around the time of the release of Ridley Scott's "Alien." The cunning of culture - and no one individual can be held accountable for such an unfortunate misstep of the "national psyche."
"Undocumented worker" seems better to me also - but "sin papales" is probably better still. Whatever the term, I think it should reflect the basic humanity of those who are characterized by the term. Too often we obscure that - the human - with political terms.
"Enemy Combatant" comes to mind.
Neoboho
April 14, 2006 2:52 PM | Reply | Permalink
You're right that the problems are different. But you're wrong to say that the two situations have nothing to do with one another. They do, because the corporations that want these immigrants have chosen this particular time to incorporate riders into the immigration bill to raise the ceiling. They sense, perhaps, that this is a great opportunity for them to get Democrats, unwilling to appear inconsistent in their support for immigrant rights, to back raising the ceiling.
April 14, 2006 3:51 PM | Reply | Permalink
To suggest that someone who has violated immigration law deserves to have his or her family broken up,
If you are referring to illegal immigrants with citizen children, they don't need the family to break up, they can move them back to Mexico/Guatemala/wherever with them. As long as we have birthright citizenship, we need the option of breaking up a family, or else all someone has to do to immigrate here is cross the border and pop out a kid.
Moreover, temporary workers ought not be allowed to bring their families with them, because (a) that increases the chance of them having children while in the U.S., thus nullifying the whole point of a temporary worker program.
or that people who might help "illegal immigrants" (I personally do prefer the term undocumented workers) should be forbidden to do so by law is to suggest that disproportionately harsh measures be taken to inflict pain in the lives of ordinary people.
And if we ever have a Minuteman-like organization that decides to go whole hog and take the law into their own hands (rather than just report things to the authorities like a neighborhood watch as they currently do), I would prefer using the term "private law enforcement" to "vigilantes."
As for forbidding people to help the illegal aliens, well, why should we allow people to work to make it easier for people to get into our country and violate our laws? If the statute is written too broadly, that's one thing, but why should we condone it when people act to make it easier to violate our laws?
Let's be clear here. The big issue is whether or not we ought to import a large number of disproportionately socialist-leaning Latin Americans. I don't see why we shouldn't be able to defend our country from being overtaken by such a voting bloc. If that seems vruel, well, tough, it's self-defense.
Let's be honest, as well. Leftists want a large number of Latin American immigrants mainly because the U.S. population is not socialist enough for them and so they want to import more leftists (on economic issues, anyway). Pseudo-right-wing pro-immigrationists want a large population of cheap labor and apparently do not think that they or their kids will ever vote, or don't care what happens 30 years from now, or think they have some ace up their sleeve to prevent them from voting, or else really have no problem with a leftist agenda whatever they may say.
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
April 14, 2006 5:59 PM | Reply | Permalink
Actually, using baseball players to illustrate the joys of immigration would probably backfire on the pro-illegal immigrant folks. MLB, like many other industries, lobbies government for ever increasing allotments of visas so that they recruit cheap labor to replace expensive American kids.
You see, they can sign ten prospects in Latin America for the price of one american kid, give the ten guys a visa and ship them north for the minor leagues. Of course, like most players signed as prospects, many don't make the big leagues, bounce around for a few years, and then get absorbed into the ever growing hispanic populations around our country. As a poster notes above, these visas don't offer a route to citizenship, but then again, 60% of our illegal immigration population is from expired visas. (If I were sarcastic, I would note that these visas do indeed provide a route to citizenship. Just wait around and you'll catch the next amnesty!)
One other note, vidal_olmos writes eloquently about how lucky he was to receive an education and come to America. It sounds like America is lucky to have him, and I mean that sincerely. But, I think this is an obvious and indisputable instance of where America is benefiting at the expense of a developing country. How can a country like that improve if America is cherry picking the best students, leaders, entreprenuers, and artists?
April 14, 2006 6:38 PM | Reply | Permalink
Typo Boy, Conservatives have a stereotype of liberals. The stereotype is that when confronted with an argument or an issue that they find uncomfortable, liberals tend to just call the conservative a racist and dismiss the issue rather than confront the substance of the argument. I would say your comment reinforces that stereotype.
In fact, I would say liberals are completely lost on this issue. I see nothing of substance in any of the pro-illegal immigrant posts. It seems that liberals just want the issue to go away. I wish Democrats could understand that this could be the issue for them if they wanted it. House, Senate, White house, the whole nine yards. Just combine some of John Edwards' populist two america stuff with a strong close-the-borders-enforce-immigration-rules and bingo! Game over. Clean sweep.
April 14, 2006 8:43 PM | Reply | Permalink
glaivester presents a good example of "magical thinking"; we have 11-12 millions of illegal aliens and he wishes to rely on Minutemen? I see a minute chance of them succeeding.
A serious program would start from allocating money to build up a huge government stockpile of fruits and vegetables. Next we could shut down all farming operations in states like California, Texas and Florida, and reopen those that can prove that they operate with legal labor -- I presume it would be a slim minority. The rest would be fined, as the law already requires.
This action could proceed broadly along the lines of "de-kulakification". Actually, we could even "have a cake and eat it" -- as every illegal alien can be jailed for 6 months, we could organize labor camps and hire chain gangs to the needy farmers.
April 14, 2006 9:05 PM | Reply | Permalink
glaivester presents a good example of "magical thinking"; we have 11-12 millions of illegal aliens and he wishes to rely on Minutemen? I see a minute chance of them succeeding.
Huh? Where did I ever say that we ought to rely on the Minutemen? What I was doing was satirizing the language games that are played when someone uses the term "undocumented workers."
A serious program would start from allocating money to build up a huge government stockpile of fruits and vegetables. Next we could shut down all farming operations in states like California, Texas and Florida, and reopen those that can prove that they operate with legal labor -- I presume it would be a slim minority. The rest would be fined, as the law already requires.
So that must also mean that you are against giving any rights to illegal aliens, such as labor rights or a living wage, as those would have a similar effect to requiring that U.S. labor be used.
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
April 14, 2006 10:27 PM | Reply | Permalink
One of the problems with the immigration debate is that a lot of people are joining in it right now without knowing what the real deal is. O-1 and EB-1 immigrants are exactly that...immigrants. They are Lawful Permanent Residents, what the non-cognizanti would call greencard holders. They can apply for citizenship after they have been LPRs for five years, provided that they have at least three years of actual residence here and have physically been present in the US for at least a year before applying for naturalization.
H1Bs are employment based nonimmigrants and, while they don't have a direct path to citizenship, they have a major leg up on the road to LPR status and, if they can find an employer who needs their special skills and can't find a US worker to fill the job, can, through a more complicated process than O-1 and EB-1 immigrants go through called Labor Certification, obtain LPR status, and voila!! they are on the path to citizenship.
Where jhupp is on solid ground is that the problem we are, or should be, dealing with is the problem of unskilled or low skilled illegals. And that is quite a different kettle of fish than our normal channels of immigration. I am not saying that our legal immigration system doesn't need some major improvement, but, on the whole, it is pretty good, and can be made functional without any legislative overhaul. But legal immigration is not the same as the issue of illegal immigration, and the debate should make that clear.
April 15, 2006 6:47 AM | Reply | Permalink
Actually, I could see us replacing all those farm workers with immigrants from, say, Darfur.
THey would be a lot safer here than in their own country.
Economic refugees is this nice code word for people who want a higher salary than they can get in their own country. Nothing wrong with that, but they should be lower in priority than those who are fleeing certain death.
There are plenty of them, more than enough to cover most of our low cost labor needs.
April 15, 2006 10:24 AM | Reply | Permalink
Indeed, as you'll read here there's even a provision in the H-1B visa rules to provide for the temporary employment of foreign fashion models. For whatever reason, nobody talks about the deleterious impact that has on the earning power of our native-born models.
But these are jobs that Americans just wont do any more at the wages that are offered.
April 15, 2006 12:17 PM | Reply | Permalink
I believe that we do not need criminalization of the status of illegal aliens, but a fair and tough enforcement of existing laws by existing agencies.
Ultimately, it would be also good for foreign workers. If they are necessary, they would get temporary visas -- we will not shut down farming etc -- and much more humane conditions.
Moreover, with better control of illegal empoyement, there would be much less rationale to deny visas to prospective students, tourists etc.
April 15, 2006 10:34 PM | Reply | Permalink