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Utah Governor Gary Herbert Signs Immigration Bills, Distances State From Arizona Approach

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zz_andrea_nill-e1291085868161On March 15th, Utah Gov. Gary Herbert (R) signed off on a bundle of four immigration bills which includes proposals that were specifically introduced as proactive alternatives to Arizona’s harsh immigration law. One of the measures would allow undocumented immigrants who meet certain requirements to carry a state-issued guest worker permit. A separate bill would create a migrant worker partnership with Mexico. Another piece of approved legislation will allow Utahns to sponsor migrants wanting to work or study in the state.

GOP delegate coordinators have dedicated a significant amount of time and resources to pushing back against the proposal with robo-calls and a petition. “As GOP delegates, we support the governor and everything he’s done up until now,” said Brandon Beckham, a Utah County GOP delegate who opposes guest worker and sponsorship proposals. “If he signs this bill, I don’t think he’s going to muster enough delegate support to make it past convention.” On the other side of the spectrum, some labor advocates worry that the guest worker permits will “give employers cheap labor without providing additional protections for workers or a path to citizenship.” “It gives illegal immigrants false hope because it makes them think they could become legal,” Ana Avendano of the AFL-CIO said. “But they’re still illegal, and could be deported.”

Gary Herbert
Gary Herbert

Meanwhile, several Latinos in Utah have been organizing against the other bill that Herbert signed into law today — HB-497. The legislation is a “watered down” version of Arizona SB-1070 that gives Utah police officers the authority to investigate a person’s immigration status if they’re suspected of felony or misdemeanor crimes.

Litigation has been threatened by both sides — immigration restrictionists who argue that the guestworker and sponsorship bills violate federal law and immigration advocates who say that the enforcement-only bill is unconstitutional. While it’s pretty monumental that such a conservative state has enacted a set of proposals that aren’t just aimed at making life completely miserable for undocumented immigrants, both sides of the debate are going to have a tough time arguing that the bill they oppose is preempted by federal law while maintaining that the one that they support is not.

Yet, maybe that’s the whole point. Utah Senate President Michael Waddoups (R) told the Salt Lake Tribune that the signing of the bills is “putting the federal government on notice.” “They’ve been on the sidelines way too long,” Herbert said. “They need to get in the game.” In fact, state officials are reportedly talking with the White House and congressional officials about using the “Utah Solution” as a model for comprehensive immigration reform at the federal level. The laws won’t go into effect for another two years. The U.S. Congress could spend that time to enact a legalization and a worker program that would render all of these state and local initiatives null.

About the Author: Andrea Nill is an immigration researcher/blogger for ThinkProgress.org and the Progress Report at the Center for American Progress Action Fund.

This blog originally appeared on Wonk Room on March 15, 2011. Reprinted with permission.


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Temporary Workers on the Auction Block? And the Complicated Economics of Immigration

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kari-lydersenImmigration reform experts propose tying system to labor market, and creating govt.-run auction for temp workers…While also touting economic benefit of immigrants.

DALLAS, TEXAS—Do immigrant workers—specifically, undocumented workers—contribute value to the economy through their labor, taxes and Social Security contributions? Or are they a net drain on government services and a big depresser of wages?

As states consider anti-immigrant bills modeled on Arizona’s SB 1070, this question has been debated hotly by activists on both sides of the immigration reform debate and by economists and other academics. The need for federal immigration reform remains impossible to ignore.

At the Institute for Journalism and Justice’s “Immigration in the Heartland” conference in Dallas Thursday and Friday, experts tried to get beyond rhetoric and politics in ascertaining the concrete economic and fiscal impacts of immigrant workers on the U.S. economy. Among other things, they argued for a reformed immigration system that is strictly tailored to the current labor market, and a temporary worker system based on a government-run auction. They also stressed the importance of understanding the separate fiscal and economic impacts of immigration. The fiscal impact is the direct cost of services, while the economic impact includes the wide-ranging ripple effects of their roles as consumers and entrepreneurs.

Washington Post Writers Group pundit Ed Schumaker-Matos, a Cuban immigrant, cited World Bank, Social Security Administration and other figures while positing that immigrant workers mirror native-born workers in the fact that highly skilled and educated people contribute a net gain to the economy, while low-skilled immigrant workers cost more than they contribute on the fiscal level considering their use of social services, education and healthcare.

But he said the cost of low-skilled workers in using social services and in competing with native-born low-skilled workers must be considered in light of the fact that immigrants of all skill levels do much to grow the economy as a whole.

A migrant worker's teeth are inspected at a tobacco leaf farm on August 11, 2010, in Windsor, Conn. The University of Connecticut Migrant Farm Worker Clinics visit area farms to offer health screenings to migrant farm workers and their families. There are an estimated 3.5 million migrant and seasonal farm workers in the United States, and many of these workers lack access to health professionals due to language barriers and fears of deportation.   (Photo by Spencer Platt/Getty Images)
A migrant worker's teeth are inspected at a tobacco leaf farm on August 11, 2010, in Windsor, Conn. The University of Connecticut Migrant Farm Worker Clinics visit area farms to offer health screenings to migrant farm workers and their families. There are an estimated 3.5 million migrant and seasonal farm workers in the United States, and many of these workers lack access to health professionals due to language barriers and fears of deportation. (Photo by Spencer Platt/Getty Images)

And he said that as opposed to decades past where many native-born U.S. citizens were high school dropouts, today only a small fraction of the U.S. population qualifies as “unskilled” and hence in competition with unskilled immigrants for jobs. He noted that studies show immigrants are much more likely than native-born U.S. citizens to start businesses, and that their role as customers and the income they inject into the economy expands the economy and U.S. productivity as a whole.

And he noted that while low-skilled immigrant workers may be a financial drain on local or to a lesser extent state social services, as anti-immigrant critics often charge, their children are likely to obtain levels of education and skill that help compensate for their parents’ effect on the economy by contributing more in taxes than they cost the system.

He said:

Is it an investment in the future or a burden? You don’t say to the local white kids that they’re a burden – they are in fact – they cost more than they put in. But you think of it as an investment in the future.

He pointed out a similar double standard regarding the “stealing jobs” argument.

Just like with natural population growth, the more people you have the more the economy grows. But people don’t stop having children because they’re afraid they’ll steal jobs from their parents.

A recent report by the Dallas Federal Reserve, “From Brawn to Brains: How Immigration Works for America,” noted that only 11 percent of second generation immigrants lack a high school diploma, compared to 30 percent of first generation immigrants. The report says:

One silver lining is that these costs dissipate in the very long run as their descendants assimilate and “pay back” the costs imposed by their predecessors. Economic or educational assimilation is, therefore, a very important piece of the immigration calculation.

Shumaker-Matos added that a less-publicized part of the immigration debate involves (usually legal) high-skilled immigrants, especially in the sciences, who compete with highly educated citizens for those high-end jobs. He said that while high-skilled immigrants may drive down wages slightly in these jobs, the innovation and overall economic and technological growth they contribute expands overall economic efficiency and productivity.

Pia Orrenius—a senior economist with the Dallas Federal Reserve, co-author of the aforementioned report and former advisor on labor, health and immigration to the Bush administration—said that high-skilled immigrants are a boon to the U.S. economy while low-skilled immigrants are a drain, at least in the immediate sense.

In her recent book, Orrenius proposes an “employment-driven” immigration system that awards temporary work visas without a wait based on the immediate needs of the labor market; rather than the current legal immigration system that according to government figures awards 85 percent of green cards to family members and only 7 percent based on employment.

Orrenius said that the U.S. lags behind other developed countries including South Korea, her native Switzerland, Spain and Italy, which base their legal immigration system primarily on the needs of the labor market rather than family relationships and humanitarian concerns.

The Dallas Federal Reserve report said that:

Estimates from 1996—the most recent comprehensive estimates available—indicate that immigrants with less than a high school diploma cost $89,000 more than they contribute in taxes over their lifetimes, while immigrants with more than a high school education contribute $105,000 more in taxes than they use in public services.

In other words, low-skilled immigrants are a net fiscal drain, but overall, immigration need not be. High-skilled immigrants can offset the fiscal cost of low-skilled immigrants.

Orrenius, whose book was published by the pro-business, free market American Enterprise Institute, would like to see a system wherein the government would auction off permits for high-skilled, low-skilled and seasonal temporary workers, and employers willing to pay the most for the permits would legally hire workers. The permits would only be good for a year, with the number of visas constantly adjusted based on the labor market and economy.

She said that under her proposal, workers would be allowed to quit their jobs if they suffered exploitation or abuse of the type common under the U.S.’s current guest worker program. In that case workers would have to find a new employer who had also bought permits, Orrenius said, which she suggested would likely not be a problem in urban areas but could present problems in rural areas with fewer employers. She said immigrants could theoretically petition for green cards – with the numbers awarded also determined by the current labor market – after five or 10 years in the temporary worker program.

Though in theory this might protect immigrants from exploitation by employers, in reality such a system would likely be ripe for abuse, as many immigrants likely would be afraid of leaving their jobs for fear of endangering their visa. And employers unwilling or unable to pay for the permits would likely continue to employ undocumented workers.

Orrenius’ proposed system would allow reunification of spouses and minor children with no wait, but it would greatly reduce the number of other relatives of citizens or permanent residents – a move sure to be blasted by immigrants rights groups. She said:

With an employment-based system, legal immigration would act more like unauthorized immigration. It is demand-based, so it benefits native workers – you don’t want a lot of immigrants coming in when the labor market is doing poorly.

About the Author: Kari Lydersen, an In These Times contributing editor, is a Chicago-based journalist whose works has appeared in The New York Times, the Washington Post, the Chicago Reader and The Progressive, among other publications. Her most recent book is Revolt on Goose Island. In 2011, she was awarded a Studs Terkel Community Media Award for her work. She can be reached at kari.lydersen@gmail.com.

This blog originally appeared in In These Times on March 11, 2011. Reprinted with Permission.


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Global Unions Demand Rights for Migrant Workers

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Image: James ParksMany countries around the world, including the United States, depend on immigrant labor to boost economic development, but do not protect the rights of their immigrant workers. Trade union representatives at the Global Forum on Migration and Development (GMFD) meeting in Puerto Vallarta, Mexico, last week called on the world’s governments to respect and protect the rights of migrant workers.

In a statement, the global unions said governments must be vigilant in fighting against racism and xenophobia, which are on the rise in several countries. They also urged countries to ratify the International Labor Organization (ILO) conventions on migrant workers, eliminate abusive guest worker programs and assure the rights of domestic workers.

Says Ambet Yuson, general secretary of the Geneva-based Building and Wood Workers International:

Migrant workers contribute to the economic and social development; however, they are consistently marginalized, exploited, and abused. It is the fundamental responsibility of all governments to protect the rights of migrant workers.

While each country has its own particular experiences with migration, several common themes emerged at the conference. For example, nearly all the union representatives told of efforts to defend domestic workers from human rights abuses. In June 2010, the ILO took a giant step forward in the struggle to create workplace justice for the millions of housekeepers, nannies and other domestic workers around the world, by beginning the  process to establish a first-ever international standard (“convention”) to protect the rights of domestic workers. If the convention is passed at the ILO’s meeting in 2011, it would require governments that ratify it to ensure domestic workers are covered by the fundamental rights and principles of the ILO, which include the freedom to form unions, elimination of forced labor, abolition of child labor and the elimination of discrimination.

Migrant workers face horrific treatment ranging from rape to torture, Ana Avendaño, assistant to AFL-CIO President Richard Trumka said in an interview with Frontera Norte Sur, a publication of the Center for Latin American and Border Studies at New Mexico State University.

The AFL-CIO and its affiliated unions are working to protect migrant workers by helping them join unions and fighting for their rights under the law, Avendaño said. The AFL-CIO is actively supporting an international campaign to ratify the new convention on domestic workers.

“Domestic work is a particular kind of work, not just because it takes place in the household, but also because of its fundamental importance in the very fabric of society,” according to a statement by RESPECT, a European network of domestic worker groups and supporters.

Without provision for child care, care for the elderly, cooking and cleaning, society simply couldn’t function.

In the United States, New York State recently enacted a law that gives basic labor rights to domestic workers. Nationally, the AFL-CIO is supporting independent domestic worker efforts to form unions, Avendaño added, as well as a new initiative called the Excluded Workers Congress that brings together domestic workers, day laborers, taxi drivers, farmworkers, unemployable ex-felons, and other people at the margins of the economy.

To read the Global Unions’ statement click here.

This article originally appeared on AFL-CIO Now Blog.

About the Author: James Parks had his first encounter with unions at Gannett’s newspaper in Cincinnati when his colleagues in the newsroom tried to organize a unit of The Newspaper Guild. He is a journalist by trade, and worked for newspapers in five different states before joining the AFL-CIO staff in 1990. His proudest career moment, though, was when he served, along with other union members and staff, as an official observer for South Africa’s first multiracial elections. Author photo by Joe Kekeris


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