Monday, March 27, 2006

Guest Worker Programs

I've been tracking the recent stories about the immigration debate and whether we should have some sort of a guest worker program. It's a topic that really interests me. Many families that I met on my mission in Argentina are now living here in Utah (some legally, some not), and I regularly work with Latino immigrants at the Guadalupe Legal Clinic.

I am in favor of adopting some sort of a guest worker program, but only as long as that program has a path towards citizenship/residency in it. I like the idea of recognizing that our economy is driven by immigrants who do all of the jobs that we are too prideful to do, and I like the idea of allowing immigrants to come out of the shadows a little bit. But I think that the guest worker program needs to put the immigrants on some sort of a path to citizenship/residency. A guest worker program without such a path would be fundamentally flawed. It would presume that immigrant workers will return to their home country after their work visa expires. I don't see that happening.

I like the bill that Senators McCain and Kennedy co-sponsored and that, with the help of Senator Spector, got pushed through the judiciary committee largely in tact (Senator Hatch voted against the bill, which may prompt me to write a letter). It puts the guest workers/immigrants on a kind of citizenship/residency track, and it requires that the immigrants pay back taxes and a fee, learn English, stay out of trouble with the law, and a few other things. This country needs immigrants. There are a lot of bad immigrants in this country (caught up in drug trafficking, ect.), but there are a lot of good ones too. The good ones work hard, stay out of trouble, contribute to the economy, and their kids go to college and become professionals. I think this kind of a bill would do a lot to help the good ones, the immigrants who really deserve it. It rewards immigrants who come here willing to work hard and stay out of trouble, and its incentives help the immigrants to participate in society (speaking English, paying taxes, not always worrying about INS, not being afraid to stand up for themselves at work because their employer threatens to them you in to INS, etc.). I can't tolerate bills that seek to punish/segregate immigrants without distinguishing between the good ones and the bad ones, and this bill does not fall into that trap.

The Senate's bill is definitely better than the racist/elitist/protectionist piece of legislation that the House passed and that Senator Frist is trying to get, which would make it a felony to be an illegal immigrant (now it is only a civil violation), and it would establish civil and criminal penalties for anyone employing or assisting illegal immigrants (I can't tell if that would apply to all of us at the Guadalupe Legal Clinic or not).

The one counter-argument that I find persuasive is that this kind of a program is unfair to those who are in their home countries, going through the appropriate channels to get work visas, waiting their turn. I agree that this is unfair to them. The way I would remedy this unfairness is to make the fee/fine for illegal immigrants who are currently in the country and who want guest worker status significantly higher than for those who have come here or who are waiting to come here through appropriate channels.

Here are some links to some interesting news articles on the subject:

http://www.latimes.com/news/printedition/front/la-me-immig26mar26,1,7374804.story?page=1&coll=la-headlines-frontpage
http://www.nytimes.com/2006/03/26/politics/26cornyn.html?pagewanted=1&_r=1
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/27/AR2006032700684.html
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/28/AR2006032801223.html?nav=hcmodule
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/24/AR2006032401719.html?sub=new

32 comments:

Katie said...

Excellent points. I was waiting in Senator Hatch's office and watching the debate in committee about the immigration bills two weeks ago. We also have Senator Hatch to thank for the DSHEA Act which made the supplement industry free and easy without the regulation of the FDA. I still want to write a letter about that too.

cblakes said...

what can I say -- I agree with your points and like the idea of a 'positive' track that can lead somewhere for immigrants.

Jayme said...

Spencer, from my limited experience in immigration law, I'm really shocked by Willy's experience. How did he come to the U.S.? Is he here on a work visa, illegally, other? Basically, current law allows immigration in a variety of broad categories: assylum, family, employment, education, etc. Employment visas are only granted in certain situations (when an employer can demonstrate a need that cannot be filled by available U.S. workers). But there are several exeptions, and these are largely for fields where there is a demonstrated shortage of skilled workers. When I took my immigration course Nurses were on that list. Willy may want to look for other avenues. Of course, whether Willy could get a nursing job depends on several larger issues (whether the U.S. recognizes his nursing degree, for example). But, assuming he is qualified and can become licensed in the U.S., perhaps he could apply for an employment-based visa. I'm uncertain whether this would put him on a path towards citizenship, but its worth looking into.

Really, the whole idea of country is unfair. Like in John Rawls theory of justice, none of us have any control over our color, country of birth, physical/mental abilities/disabilities, etc. Many of us are disadvantaged because we were born in the wrong country.

Jayme said...

Semi-related comment:

Do you all know about Utah Policy Daily? If not, here is a link:

http://www.utahpolicy.com/

You can subscribe to a daily newsletter w/ a register of all policy-related relating to Utah. It is non-partisan.

Ian said...

Willy is here legally and has a work visa. His principal obstacle is language. But even if he learned English, I think getting his Argentine education recognized here would be another obstacle. I don't know what or how elaborate the steps are to be able to work here as a nurse, but I know its not as simple as just showing them a certificate you earned in Argentina. It would be interesting to see if the process is different for different countries (i.e., is it harder to get your degree recognized if you are from Mexico as compared to Japan, Korea, Germany, Canada, etc. as Spencer suggests?).

Jayme said...

Robbie,

I generally agree w/ your comments. Particularly, your comment about enforcement. There are simply too many illegals to acheive lasting enforcement by sending them back one by one. Businesses may respond better if they were subject to penalties that outweigh the benefit of hiring illegals. I have no clue what the larger ramifications of this policy would be.

On your last point, I have to respectfully disagree w/ your choice of language. I don't think honoring/dishonoring foreign degrees is a matter of discrimination, particularly in the medical field. Rather, it is a matter of proper care and diligence. I, for one, don't want third world medical care (not that Argentina is third world). I have been to the hospital in Spain and. . . no, thank you!! I want medical care from certified professionals. I have no facts on this issue, but my assumption is that the U.S. shares medical standards, at some level, with other nations and that certification is easier for individuals who have trained in a country with shared standards. But I still think they have to perform some training in the U.S. before they can sit for medical boards or become certified as a nurse, physician's assistant, etc. I only know this because Katie worked with a physician from the Netherlands who could not practice medicine in the U.S. for reasons similar to Willy's.

Is that to say I don't think discrimination exists? No. Of course it does. And the effects of discrimination cuts deeper than the issue of transfering education and training from one country to the next. This is too, too sad.

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