Is Immigration Good for America?

Cato Journal

An Interdisciplinary Journal of Public Policy Analysis Volume 32 Number 1, Winter 2012 The Winter 2012 issue of the Cato Journal is devoted to answering a single question: “Is Immigration Good for America?” In 13 articles, 16 scholars answer with a resounding “Yes!” The consensus is that immigrants provide a net benefit to the U.S. economy and to U.S. workers. There is also a consensus among the authors that the current immigration system, with its patchwork of arbitrary numerical caps, needlessly squanders the full economic potential of immigration. The authors call for a thorough revamping of the immigration system to make it more responsive to labor demand, to attract highly skilled professionals and entrepreneurs, and to offer a pathway to legal status for the unauthorized population.

Here are highlights from the issue: • Daniel T. Griswold, former Director of the Herbert A. Stiefel Center for Trade Policy Studies at the Cato Institute, concludes that “basic economic analysis and numerous empirical studies have confirmed that immigrants boost the productive capacity of the United States through their labor, their human capital, and their entrepreneurial spirit. Instead of competing head-to-head with American workers, immigrants typically complement native-born workers by filling niches in the labor market.”

Joel Kotkin, Distinguished Presidential Fellow at Chapman University, and Erika Ozuna, Research Fellow at Pepperdine University, say that “the United States should make efforts to keep entrepreneurs and all kinds of skilled workers, whom the country will need, particularly as the Baby Boom generation retires.” The authors warn that “if attitudes harden against immigration, America will sacrifice much of its demographic and cultural uniqueness. We would also suffer the loss of a major source of entrepreneurial growth and innovation.”

Stuart Anderson, Executive Director of the National Foundation for American Policy, points out that “fixing problems with the U.S. legal immigration system does not involve raising or reducing federal spending, or designing elaborate new agencies or policies. In general, much can be accomplished by simply raising the quotas for temporary visas for both low- and high-skilled workers and increasing the number of green cards available for family and employer-sponsored immigrants.”

Pia M. Orrenius, Senior Economist at the Federal Reserve Bank of Dallas, and Madeline Zavodny, Professor of Economics at Agnes Scott College, argue that “it seems virtually inevitable that the United States will conduct a legalization program at some point given the size of the undocumented population.” However, research on the failings of the 1986 legalization demonstrates the “importance of enacting a legalization program only in the context of comprehensive immigration reform designed to reduce future unauthorized inflows as much as possible.”

Raúl Hinojosa-Ojeda, Founding Director of the North American Integration and Development Center at the University of California, Los Angeles, describes how “legalizing currently unauthorized immigrants and creating flexible legal limits on future immigration in the context of full labor rights would raise wages, increase consumption, create jobs, and generate additional tax revenue—particularly in those sectors of the U.S. economy now characterized by the lowest wages.”

In sum, the contributors to this issue of the Cato Journal make a compelling case for the creation of a rational immigration system that offers the greatest benefit to both immigrant and native-born workers, and which adds the greatest value to the U.S. economy. As the authors emphasize, this would be a welcome change from the current dysfunctional system, which has facilitated the growth of an unauthorized population now numbering 11 million. While the federal government may be unwilling to tackle immigration reform, the status quo is clearly unacceptable—and unsustainable.

1. Gordon Hanson, “Immigration and Economic Growth.” Pretty good, especially on the interaction between high-skilled native labor and low-skilled immigrant labor:

One contribution of low-skilled immigrants is to make it possible for high-skilled workers to spend more time on the job and less time doing non-work related chores… The majority of highly educated women are married to highly educated men (Isen and Stevenson 2010: 13). For both to work outside the home often requires hiring outside labor to care for children, clean the home, launder clothes, and tend to the yard. In a study of immigration’s impact on U.S. cities, Cortes (2008) finds that metropolitan areas that have had larger influxes of low-skilled immigrants have lower prices for dry cleaning, child care, housing cleaning, yard care, and other labor-intensive services. Lower prices for these services translate into more hours spent at work for high-skilled workers, particularly among women with a professional degree or PhD (Cortes and Tessada 2009). Low-skilled immigration thus indirectly contributes to productivity growth by raising the effective supply of high-skilled labor.

2. Giovanni Peri, “Immigration, Labor Markets, and Productivity.” If all labor is identical, the effect of immigration on domestic wages is clearly negative, at least in the short-run. But in reality, immigrant labor and native labor are very different – and it matters. Peri provides an excellent survey of the evidence. One highlight:

In Peri and Sparber (2009) we show that, due to the limited knowledge of the language, immigrants have a comparative advantage in manual type of jobs. Hence they specialize in those, and in firms and sectors that hire immigrants, this produces higher demand for jobs of coordination and interaction typically staffed by natives, whose language skills are superior. This dynamic specialization in tasks according to skills pushes natives to upgrade their jobs (as communication-intensive occupations pay better than manual intensive ones) and protects their wages from competition with immigrants.

3. Joel Kotkin and Erika Ozuna, “America’s Demographic Future.” A good intro to the demographic effects of immigration. Immigration is keeping America young and working:

Mexican and other immigrants are one key reason why America boasts a fertility rate 50 percent higher than Russia, Germany, or Japan, and well above that of China, Italy, Singapore, Korea, and virtually all of eastern Europe (The Economist 2002; United Nations 2005; Longman 2004: 60). Consequently, it is widely believed America’s workforce will continue to grow even as that of Japan, Europe, Korea, and eventually even China will start to shrink. Between 2000 and 2050, for example, the U.S. workforce is projected to grow by over 40 percent, while that of China shrinks by 10 percent, the EU by 25 percent and, most remarkably, Japan’s by over 40 percent (U.S. Census Bureau International Database).

4. Stuart Anderson, “America’s Incoherent Immigration System.” A solid moderate reformist piece:

[M]uch can be accomplished by simply raising the quotas for temporary visas for both low- and high-skilled workers and increasing the number of green cards available for family and employer-sponsored immigrants.

5. Pia Orrenius and Madeline Zavodny. “The Economic Consequences of Amnesty for Unauthorized Immigrants.” Pretty good, but most readers will get more out of the broader articles on the labor market and fiscal effects of immigration.

6. Edward Alden. “Immigration and Border Control.” Alden wants people to acknowledge the trade-off between the ease of legal immigration and the cost of border enforcement. Perhaps he’s just being strategic, but Alden shows little concern for the well-being of immigrants or the immorality of treating people like criminals for doing an honest day’s work:

There are certainly many–indeed the majority of the American public at the moment–who would argue against higher levels of immigration. That is perfectly reasonable. But the debate should be an honest one. Larger legal quotas, especially for less-skilled workers, would reduce the need for enforcement; smaller quotas would increase it. Instead, the discussion is a disingenuous one in which many in Congress insist that the border must first be “secured” before any serious consideration of immigration reform can be permitted.

7. Jim Harper. “Internal Enforcement, E-Verify, and the Road to a National ID.” A frightening picture of rapid technological progress in the war on illegal immigration. But like Alden, Harper shows little concern for the rights of immigrants. And he frustratingly equivocates between the “values of the people” as expressed in private behavior, and the “values of the people” as expressed in the voting booth:

[T]he goal of many of E-Verify’s proponents is to bring the rule of law to the immigration environment. Fealty to law is important for the maintenance of a just and stable society, and immigration law is widely disrespected and often broken. But good law is not a hammer waved over the heads of subservient people. Good law gives expression to the values of the people. Immigration law is disrespected and broken not because it is poorly enforced, but because it is inconsistent with the will of the people. In the main, the majority of the American people express their will quietly but insistently in their decisions to hire good, hard workers, and to enjoy the product of these workers’ labor, indifferent to where the worker was born.

8. Margaret Stock. “Is Birthright Citizenship Good for America?” Stock’s answer, of course, is yes. But her piece is not persuasive. People oppose birthright citizenship because they oppose immigration. If you don’t change their minds about immigration, you won’t change their minds about birthright citizenship, either. 9. Daniel Griswold. “Immigration and the Welfare State.” Griswold provides a careful survey of the literature on the fiscal effects of immigration, and never forgets that immigrants count, too. Highlights: False stereotypes notwithstanding, immigrants have an awesome work ethic:

The typical foreign-born adult resident of the United States today is more likely to participate in the work force than the typical native-born American. According to the U.S. Department of Labor (2011), the labor-force participation rate of the foreign-born in 2010 was 67.9 percent, compared to the native-born rate of 64.1 percent. The gap was especially high among men. The labor-force participation rate of foreign-born men in 2010 was 80.1 percent, a full 10 percentage points higher than the rate among native-born men. Labor-force participation rates were highest of all among unauthorized male immigrants in the United States. According to estimates by Jeffrey Passell (2006) of the Pew Hispanic Center, 94 percent of illegal immigrant men were in the labor force in the mid-2000s.

Immigrants display reverse welfare magnetism:

The 10 states with the largest percentage increase in foreign-born population between 2000 and 2009 spent far less on public assistance per capita in 2009 compared to the 10 states with the slowest-growing foreign-born populations–$35 vs. $166 (see Table 1). In the 10 states with the lowest per capita spending on public assistance, the immigrant population grew 31 percent between 2000 and 2009; in the 10 states with the highest per capita spending on public assistance, the foreign-born population grew 13 percent (U.S. Census 2011, NASBO 2010: 33).

What about illegals?

Undocumented immigrants are even more likely to self-select states with below-average social spending. Between 2000 and 2009, the number of unauthorized immigrants in the low-spending states grew by a net 855,000, or 35 percent. In the high-spending states, the population grew by 385,000, or 11 percent (U.S. Census 2011; NASBO 2010: 33; Passel and Cohn 2011). One possible reason why unauthorized immigrants are even less drawn to high-welfare-spending states is that, unlike immigrants who have been naturalized, they are not eligible for any of the standard welfare programs.

The paper goes on to cover the net multigenerational fiscal effects of immigration, with extra sections on educational spending, health spending, and Social Security. Though the net fiscal effect seems positive, there’s a clear federal-state conflict:

The 1997 National Research Council study determined that the typical immigrant and descendants represent an $80,000 fiscal gain to the government in terms of net present value. But that gain divides into a positive $105,000 fiscal impact for the federal government and a negative $25,000 impact on the state and local level (NRC 1997: 337).

While the net fiscal effects of illegal immigration in Texas were modestly negative, the net economic effect for Texas was strongly positive:

[U]nauthorized immigrants in fiscal year 2005 paid a total of $2.09 billion in taxes at the state and local level, while consuming $2.60 billion in services (Strayhorn 2006: 20). Education was the main expenditure on the state level, and health care on the local level. Thus the net fiscal cost for state and local taxpayers in Texas from illegal immigration that year was $504 million. The fiscal cost, however, was more than offset by the boost to the size of the Texas economy, another finding consistent with other state studies. The Texas comptroller used a general equilibrium model known as the Regional Economic Model Inc… The model found that the resulting drop in the state’s labor force would cause wages of remaining workers to rise slightly–by less than 1 percent. But the higher wages caused by a tightening labor market would make producers in the state less competitive, resulting in a modest decline in the value of the state’s exports. The state’s economy would shrink by 2.1 percent or $17.7 billion (Strayhorn 2006: 17)

Griswold’s not apologizing for the welfare state. But libertarians who see the welfare state as an argument for restricting immigration are straining out a gnat and swallowing a camel. 10. Raul Hinojosa-Ojeda. “The Economic Benefits of Comprehensive Immigration Reform.” Provides a computable general equilibrium model of the effects of different immigration reform scenarios. Unfortunately, this approach just isn’t transparent enough to change a skeptic’s mind. And I can’t understand how the same model could imply that: (a) Comprehensive immigration reform (amnesty, more or less) “results in higher wages–and higher worker productivity–for all workers in industries where large numbers of immigrants are employed.” AND (b) Under mass deportation, “Wages do rise for less-skilled native-born workers under this scenario, but they fall for higher-skilled natives and the U.S. economy loses a large numbers of jobs.” Perhaps I’m missing something, but how can amnesty and mass deportation both boost wages for less-skilled natives? 11. Joshua Hall, Benjamin VanMetre, and Richard Vedder. “U.S. Immigration Policy in the 21st Century: A Market-Based Approach.” A lot of good material, but it ends on a disappointingly agnostic and amoral note:

As has been shown in this article, for every pro-immigration argument there is an opposing anti-immigration argument and thus it is unlikely that there will be an immigration policy that everyone will agree on. It is possible, however, to devise an immigration policy that would appeal both to those supporting more immigrants and to those who complain about the character of immigration after 1965.

Namely: [C]reating an international market for visas. To start, each business day of the year 5,000 visas for entry to the United States would be sold in a NASDAQ-style marketplace by the federal government and each immigrant would need a visa to enter the country. There would also be a limited number of visas, maybe 100,000 annually, provided free by the federal government to refugees fleeing political, religious, or other persecution as is done under current law.

Is Immigration Good for America?

James A. Dorn Editor’s Note (PDF, 2 pp., 33Kb) Daniel T. Griswold Introduction: Is Immigration Good for America? (PDF, 4 pp., 49Kb) Bryan Caplan Why Should We Restrict Immigration? (PDF, 20 pp., 177Kb) Gordon H. Hanson Immigration and Economic Growth (PDF, 10 pp., 95Kb) Giovanni Peri Immigration, Labor Markets, and Productivity (PDF, 20 pp., 175Kb) Joel Kotkin and Erika Ozuna America’s Demographic Future (PDF, 16 pp., 140Kb) Stuart Anderson America’s Incoherent Immigration System (PDF, 14 pp., 126Kb) Pia M. Orrenius and Madeline Zavodny The Economic Consequences of Amnesty for Unauthorized Immigrants (PDF, 22 pp., 196Kb) Edward Alden Immigration and Border Control (PDF, 18 pp., 151Kb) Jim Harper Internal Enforcement, E-Verify, and the Road to a National ID (PDF, 14 pp., 117Kb) Margaret D. Stock Is Birthright Citizenship Good for America? (PDF, 20 pp., 164Kb) Daniel T. Griswold Immigration and the Welfare State (PDF, 16 pp., 147Kb) Raúl Hinojosa-Ojeda The Economic Benefits of Comprehensive Immigration Reform (PDF, 26 pp., 219Kb) Joshua C. Hall, Benjamin J. VanMetre, and Richard K. Vedder U.S. Immigration Policy in the 21st Century: A Market-Based Approach(PDF, 20 pp., 174Kb)

Book Reviews

James Madison by Richard Brookhiser Reviewed by John Samples (PDF, 3 pp., 117Kb) The Ethics of Voting by Jason Brennan Reviewed by Aaron Ross Powell (PDF, 6 pp., 219Kb) The Concept of Justice: Is Social Justice Just? by Thomas Patrick Burke Reviewed by Trevor Burrus (PDF, 4 pp., 219Kb)

Posted in Immigration, the Cato Journal | Leave a comment

Online Entrepreneur Resource Center, Entrepreneur Nonimmigrant Visa Guide

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.  It also provides information on future opportunities for engagement with the entrepreneurial communityFor more information, please visit the USCIS blog, The Beacon.

Online Entrepreneur Resource Center, Entrepreneur Nonimmigrant Visa Guide Posted by Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services

“Today, at an event focused on the nexus between immigration and entrepreneurship hosted by the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass., I was pleased to unveil Entrepreneur Pathways – an online resource center that provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

Entrepreneur Pathways is a signature accomplishment of U.S. Citizenship and Immigration Services’ (USCIS’s) Entrepreneurs in Residence (EIR) initiative, which has focused on realizing our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America.

The EIR initiative began earlier this year focused on assessing current polices, practices and training across a range of existing nonimmigrant visa categories used by entrepreneurs. It has already made a lasting impact across USCIS.  Through a comprehensive training course on startup enterprises and the landscape for early-stage innovations developed and delivered by the EIR team, our agency is better equipped with the tools to adjudicate petitions presented by entrepreneurs.

Recently, the EIR team embarked on a new challenge, expanding its focus to existing immigrant visa pathways that may enable foreign entrepreneurs to start a business and pursue a path to permanent residency in the United States.  This new emphasis will bring training to an additional portion of USCIS’s workforce, and supplement the team’s continued work on the development of policies and practices relevant to the entrepreneurial community.

Given the success of the first phase of the EIR effort, which has led to unique improvements in our programs and enabled us to better serve foreign entrepreneurs, I look forward to seeing what the EIR team can accomplish in the months ahead.”

Posted in EB-5 Immigrant Investor, Entrepreneur Nonimmigrant Visa Guide | Leave a comment

Vrljicak v. Holder, asylum sexual orientation, withholding of removal to Serbia-Seventh Circuit

Vrljicak arrived in the U.S. from Serbia under a work visa, which
expired September 30, 2009.He did not leave and was in unauthorized
status on July 14, 2010, when he applied for asylum on the ground that
his native land would persecute him because of his sexual orientation.
The Board of Immigration Appeals agreed with the IJ that Vrljicak took
too long to seek asylum, 8 U.S.C. 1158 (a)(2)(B), but held that he is
entitled to withholding of removal and remanded. The Seventh Circuit
denied review, rejecting a challenge that the Board should have excused
his delay under 8 C.F.R. 1208.4(a)(5)(iv), which reads: “The applicant
maintained Temporary Protected Status, lawful immigrant or nonimmigrant
status, or was given parole, until a reasonable period before the filing
of the asylum application.” Decided 12-20-2012

Doc Uploaded Filed Description
1 11/01/2012 11/01/2012 Oral Argument
2 11/20/2012 11/20/2012 Opinion (EASTERBROOK)

Download case

Page 1

Page 2

Page 3

Page 4

Page 5

Page 6

United States Court of Appeals

For the Seventh Circuit

No. 12-1516

MARKO VRLJICAK, Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General of the United States,

Respondent.

Petition for Review of an Order of the
Board of Immigration Appeals

ARGUED NOVEMBER 1, 2012DECIDED NOVEMBER 20, 2012

Before EASTERBROOK, Chief Judge, and ROVNER and HAMILTON, Circuit Judges.

EASTERBROOK, Chief Judge. Marko Vrljicak, a citizen of Serbia, requested asylum on the ground that his native land would persecute him because of his sexual orientation. An immigration judge denied that request, ruling that Vrljicak is ineligible because he did not seek asylum within one year of entering the United States. 8 U.S.C. §1158(a)(2)(B). Vrljicak arrived on April 2, 2009, under a work visa, which expired September 30, 2009. He did not leave and was in unauthorized status on July 14, 2010, when he applied for asylum. The Board of Immigration Appeals agreed with the IJ that Vrljicak took too long to seek asylum, but it also held that he is entitled to withholding of removal and remanded so that the final requirements for that status could be satisfied.

We have jurisdiction of his petition because he has been ordered removed from the United States, and withholding execution of that order does not give Vrljicak all the benefits of asylum. See Jiménez Viracacha v. Mukasey, 518 F.3d 511 (7th Cir. 2008). But we do not have jurisdiction to review the Board’s conclusion that his request for asylum was untimely. 8 U.S.C. §1158(a)(3). Another provision, 8 U.S.C. §1252(a)(2)(D), adds a proviso allowing courts to entertain constitutional and other legal arguments. Vrljicak concedes that his application came more than a year after his entry, but he contends that the Board should have excused his delay under 8 C.F.R. §1208.4(a)(5)(iv). The Board rejected that argument, and Vrljicak now maintains that the regulation is unconstitutionally vague. It is not clear how he would benefit from such a decision; knock out an exception to the statute, and the one-year time limit remains. Perhaps Vrljicak believes that, if the exception is too vague, then the statutory rule itself cannot be enforced. No matter; the challenge to the regulation is unavailing.

Section 1208.4(a) provides a regulatory definition of the statutory term “extraordinary circumstances”. Subdivision (iv), on which Vrljicak relied before the Board and which he now contends is unconstitutional, reads: “The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application”. In other words, an alien properly in the United States may request asylum during a “reasonable” time after authorized status ends, even if the total time between entry and application exceeds one year. The Board concluded that it was not “reasonable” for Vrljicak to wait nine months after his visa expired. He calls the word “reasonable” vague and contends that the Board should have used a rule (such as “180 days”) rather than a standard. Some parts of the Immigration and Nationality Act do use 180 days as the maximum period for action by an alien in unauthorized status following the expiration of a labor visa. See, e.g., 8 U.S.C. §1255(k)(2). Again it is hard to see how this would have helped Vrljicak; he took much more than 180 days. This is not a first amendment overbreadth case, so he can challenge the regulation only as applied. See, e.g.,

Washington State Grange v. Washington State Republican Party, 552 U.S. 442, 449–50 & n.6 (2008); United States v. Salerno, 481 U.S. 739, 745 (1987). Vrljicak told the immigration judge that he did not apply sooner because he expected the situation in Serbia to improve and did not know that there was a deadline; these explanations show that the choice between “reasonable” and some other language in §1208.4(a)(5)(iv) did not affect his conduct. As applied to him, the regulation is not problematic.

Anyway, protean words such as “reasonable” are ubiquitous in law. Think of the reasonable-person standard in tort law. We know from United States v. Powell, 423 U.S. 87 (1975), and many other decisions, that just because it is possible to replace a standard with a numeric rule, the Constitution does not render the standard a forbidden choice. Vrljicak contends that it is constitutionally mandatory to curtail official discretion whenever feasible. Yet many decisions of the Supreme Court hold that the Constitution itself creates capacious discretion. Think of United States v. Booker, 543 U.S. 220 (2005), and Kimbrough v. United States, 552 U.S. 85 (2007), which hold that district judges may use personal penological philosophies in criminal sentencing, notwithstanding the Sentencing Guidelines, as long as the sentences are within statutory limits and reasonable. By Vrljicak’s approach, however, the holdings in Booker and Kimbrough are backward and the Court’s reasonableness standard unconstitutional. Vrljicak’s understanding of due process evidently is not the Supreme Court’s. (And it does not help him to assert that the regulation allows different treatment of similarly situated persons and violates the equal-protection principles the Supreme Court has found in the due process clause; the same could have been said about Booker and Kimbrough.)

Standards such as “reasonable” are less precise than rules such as “180 days,” but flexibility has its benefits: under the standard, immigration officials can accommodate unanticipated circumstances, while a deadline is unyielding. Decisions such as Parker v. Levy, 417 U.S. 733 (1974), and Civil Service Commission v. Letter Carriers, 413 U.S. 548 (1973), hold that legislatures and agencies may adopt standards and work out the details in adjudication. The National Labor Relations Board has been wrestling with “unfair labor practices” for almost 80 years, and the “public interest, convenience, and necessity” standard for agency action has an even older lineage. That these standards continue to pose problems of application does not make themand the method of elaboration in the common-law fashionunconstitutional. Indeed, neither the administrative nor the judicial system could proceed without the latitude they afford. (For another example, think of the phrase “good cause” that peppers the federal rules of civil and criminal procedure.)

The National Immigrant Justice Center filed a brief as amicus curiae asking us to sidestep the constitutional question by deeming the entire regulatory apparatus for implementing the statutory exceptions to be deficient. The Center maintains that the regulation and its administration have “become completely unhinged from the purposes and goals of the underlying statutory provision.” No such argument was presented to the Board. Whether or not we have the authority to entertain it at the Center’s request, it would be inappropriate to do so. The Center should propose appropriate changes to the regulation’s authors at the Department of Justice and the Department of Homeland Security, then ask the Board of Immigration Appeals to apply the regulation (the current version or any amended one) in harmony with the statute. Judicial review should follow, and not precede, full consideration by the No. 12-1516 officials charged with devising and applying the rules for implementing the statute. The petition for review is denied.

Seventh Circuit Court of Appeals
Going Mobill

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, withholding of removal | Leave a comment