Resisting False Choices & Getting to a Truly Humane Immigration Policy

by: David Sirota

Thu Apr 23, 2009 at 08:03


In the debate over immigration, interest groups like the Chamber of Commerce would have us believe that there are only two positions: Either you are a tolerant and good person who supports "reform" or you are an evil racist who wants to build a wall at our southern border. Likewise, genuine xenophobes and racists would have us believe you are either a patriot who supports "border security" and wants to preserve "our culture" (read: white culture) or you hate America and are a traitor.

These are (obviously) oversimplified frames, and for a reason: Racists want to polarize the debate on nationalistic terms, and Big Money interests want to use immigration "reform" - most prominently through a so-called "guest worker program" - to create a permanent underclass of immigrants to economically exploit.

IMHO, this latter strategy is most dangerous, because whereas racists/xenophobes are pretty open about their xenophobia (and whereas polls show most Americans want tolerance in our immigration policy), Big Money is wrapping exploitative policies in the patina of human rights and tolerance.  

David Sirota :: Resisting False Choices & Getting to a Truly Humane Immigration Policy
To understand how such exploitation works - and how it is hidden under the veneer of supposed "pro-immigration" tolerance - read this excerpt from Rochester Institute of Technology professor Ron Hira's excellent op-ed in Businessweek. His piece is specifically on the H-1B program, one existing version of a so-called "guest worker" program:

The H-1B is a temporary work permit, one that allows participating foreigners to be mistreated. The visa, remember, is held by the employer, not the worker. That considerably diminishes the H-1B holder's bargaining power for better wages and working conditions.

Some H-1B workers are eventually sponsored for permanent residency, but, again, this is at the discretion of their employers. Because the number of guest workers far exceeds the number of available employment-based green cards, H-1B workers can get stuck where they are for as long as 10 years, with no ability to switch employers or even get a promotion.

Because guest-worker program proposals vest the immigrant's immigration status in the hands of the employer, the immigrant is effectively an indentured servant. The immigrant cannot ask for a raise, better working conditions, or - godforbid - to join a union without fear of not only being fired by the employer, but of also being thrown out of the country by the employer.

While it's certainly true that an ugly racist element opposes all efforts to increase the number of immigrants in the United States, it's also very true that you can oppose this specific kind of "reform" on grounds that are the opposite of racist - on grounds that this kind of "reform" is horrible for immigrants because it relegates them to a permanently disempowered underclass. On top of that, of course, it forces domestic workers to compete in a wage-cutting competition with workers who have far fewer basic rights to demand better pay.

The idea that you either have to be for inhumane policies or you are a racist is a false choice - and the good news is that a new progressive consensus seems to be coalescing around immigration principles that are both pro-immigrant/anti-racist and humane.  

The Hill newspaper reports that organized labor has (IMHO, rightly) "opposed the current guest worker program on the grounds that some employers use it to exploit foreign employees at the expense of U.S. workers they would otherwise have to provide better pay and conditions to." But now, labor has unified in support of "a national commission to determine the number of permanent and temporary workers allowed across the border every year, which the labor groups said would be 'based on labor market shortages that are based on actual and real needs.'"

I'm not sure I completely agree with this framework - we are a nation of immigrants, and I don't think only economic factors should determine how much legal immigration we allow. Why? Because people often want to immigrate to the United States for non-economic reasons - Jews in World War II Europe, for instance, wanted to immigrate here to escape death at the hands of the Nazis.

That said, the fact that organized labor - parts of which have been reluctant to support increased immigration - is coming to the table on this issue is real progress in rejecting the attempt by both Big Money and racists to ramrod this debate into a false choices.

As the debate over immigration heats up, progressives have to watch out for sleight-of-hand - specifically, for moneyed interests that are portraying their immigration proposals as "humane." The truth is, most of these moneyed interests don't care whether the policy is humane at all - all they care about is using immigration policy to hurt both domestic and foreign workers, and therefore drive down labor costs.

And so to close, I just want to reiterate the most important point: You can oppose specific kinds of "reform" - specifically, so-called "guest worker" proposals - on grounds that are the opposite of racist - on grounds that this kind of "reform" is horrible for immigrants because it relegates them to a permanently disempowered underclass. A truly positive immigration reform package would be one that increased legal immigration levels and made sure that those coming into our country have exactly the same economic rights and economic leverage as domestic workers. That's good for everyone.


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Dave, have you checked out The Programmer's Guild on H-1B visas? (4.00 / 2)
The Programmers Guild has captured an online video by an immigration law firm that teaches its corporate clients how to abuse the H-1B visa program so that they can get around hiring American Tech workers.  It's an eye opening video.

Also they have a new H-1B visa fact sheet and they link to an article Fixing Our Badly Broken H-1b Visa and Employer-Sponsored Green Card Programs by Professor Norm Matloff, May 9, 2008.

Disclosure: I'm a software engineer and was laid off last year after working for the company for close to 13 years.  My duties were taken over by an H-1B visa contractor from India.  I don't hold a grudge against this contractor.  He, like me, is a low man on the totem pole, but I strongly oppose corporate policy on H-1B visas, which they intentionally use to drive down the costs of wages.  I still am unemployed at this time.  

While American Tech workers take the brunt of being laid off by H-1B visa holders, that program is spreading to nursing and teaching professions.  One of my friends who is a nurse said that her nursing home has hired a nurse from the Phillipines via H-1B visa, but this Filipino nurse lacks the training and qualifications expected of American nurses, and to top it off, her culture will not allow her to care for male patients, who make up about half of the nursing home's patients.  This cultural difference puts more burden on the remaining American nurses and if enough of these kinds of nurses are imported to replace more expensive American nurses, they could affect the quality of patient care.

All this talk that H-1B visas allow employers to hire valuable experts from abroad is a smokescreen for their real purpose -- drive down wages of white collar workers so that corporations can increase their bottom line and increase executive bonuses.


My company is currently hiring H1B's at a frenetic pace (4.00 / 1)
They're getting older Americans to retire via VERO's claiming they don't need all the workers due to buying other companies-etc, however 3-4 weeks after each VERO an almost equal number of H1B's show up. These people could be Americans, it's pretty obvious the company is simply replacing more expensive employees with cheaper contractors. This is only my company I'm sure it's going on all over-and in most companies the American employees are most likely getting fired/laid off. If you subscribe to WashTech you'll know Microsoft is currently engaging in this "strategy". Of course they're denying it, using the excuse of a soft economy.

There's numerous implications regarding this. For example how is any "stimulus" really going to work when it's pretty obvious it's going to be extremely difficult to increase AMERICAN employment. This has to stop somehow, I have no ideas however.


[ Parent ]
It's depressing…. (0.00 / 0)
H1B supplemental bailout bill for Bank of America: (dated article http://snipurl.com/gjbub)

The amendment that passed isn't as tough as the one Grassley proposed on Feb. 5, which would have prohibited firms from hiring H-1Bs altogether. The modified amendment instead makes TARP recipients jump through extra hoops before they can hire those foreign workers.

Specifically, it subjects recipients of TARP funds to the same rules so-called H-1B dependent employers must follow. (An H-1B dependent employer is one whose workers brought in with that visa comprise 15% or more of the employer's total workforce.) These rules include:

1. The employer can't displace any similarly employed U.S. worker with an H-1B hire within 90 days before or after applying for H-1B status or an extension of status.

2. The employer can't place any H-1B worker at the worksite of another employer - meaning it can't outsource a worker for a client - unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

3. The employer has to take good-faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.
"These are hardly onerous expectations," notes Ron Hira, professor of public policy at the Rochester Institute of Technology and an expert on H-1B visas. Hira says the provision would affect about 1,000 jobs.

The amendment falls short of preventing large banks from using H-1Bs brought into the U.S. by outsourcing firms like India-based Infosys (INFY), Wipro (WIT), and Tata, which are among the top recipients of petitions for the H-1B visa program. "Most of the H-1B use, and abuse, happens through relationships banks have with outsourcing firms," says Hira. "I don't think [the amendment] restricts them from working w those firms." In other words, a bank could still legally force a laid-off American employee to train a replacement worker who is on an H-1B visa.

It's also happening with smaller, self-employed businesses, dispensing small business advice regarding global contacts for low-wage/high-end skilled workers.

According this report by politico ( http://tinyurl.com/36e7m2 ) there wasn't a direct cause-and-effect between conservative talk radio and the defeat of the Immigration bill of 2007, but I think it does prove that if one screams loud enough and jams the phone lines in Washington, Congress is forced to hear you.  The left/progressive side should borrow a few "street" tactics from the radioactive rightwing to help galvanize their side of the debate.  I personally would like to see those elected weanies in Congress pay closer attention to their constituency.


Guest Work Programs (4.00 / 1)
Guest work programs are evil and, in my opinion, un-American.  Immigration should always provide a path to citizenship, should the participant choose that course.

I actually thought the guest worker program was favored by the racists.  Get the cheap labor, use them up, ship them back home.  Certainly sounds racist to me.


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