What is Title 42?

January 29, 2023 // Comments Off on What is Title 42?

Title 42 is a clause of a 1944 Public Health Services Law which allows the U.S. government to prevent the entry into the country of individuals during certain public health emergencies, in this case asylum seekers who are sent to wait out their years of processing in Mexico, not in the United States, during Covid.

But to really understand Title 42 you have to understand what is happening at the southern border and what has happened with asylum claims. At play are potentially millions of aliens flooding into the United States. America’s asylum laws, meant to help the most vulnerable, have instead become a clogged backdoor for routine economic migrants. Title 42 was a very small step by the Trump administration toward restoring asylum to its correct role in American immigration policy. Biden seeks to go back to the “everybody in” system with all the consequences.

Asylum recognizes a person persecuted by his own country can be offered residence and protection by another country. The actual conditions vary considerably across the globe (the U.S. considers female genital mutilation grounds for asylum while in many nations it is a desired practice). But in most cases, asylum is offered to people who face a well-founded fear of persecution if sent home on account of their race, religion, nationality, political opinion, or social group. The definition of those five protected grounds have also varied greatly based on shifts in American domestic politics. Since 1994, for example, LGBT status has been, and remained under Trump, a possible claim to asylum. Domestic violence was granted consideration as grounds under the Obama administration, only to be rolled back under Trump.

But the reality of 2022 is the asylum system evolved into a cheater’s backdoor, a pseudo-legal path to immigration not otherwise available to economic migrants. They lack either the skills for working visas or the ties to qualify for legal immigration under America’s family reunification system. So they walk to the border and ask for asylum, taking advantage of previous administrations’ look-the-other-way “solution” to their ever-growing numbers. Affirmative asylum claims, made at ports of entry, jumped 35 percent pre-Covid.

It worked — for them. A Honduran on the border who says he simply came for a job is sent back almost immediately. However, should he make a claim to asylum, the U.S. is obligated to adjudicate his case. Since detaining asylum seekers and their families while the processes play out is expensive and politically distasteful (kids in cages!) until recently most asylum seekers were instead released into American society to wait out their cases. They then became eligible for work authorization when their cases extended past 150 days. The number of pending cases pre-Covid was 325,277, more than 50 times higher than in 2010.

Eventual asylum approval rates for all nationalities over the past decade average only 28 percent. Yet even after they’re denied, applicants can either refile as defensive asylum claims or disappear into the vast underground of illegals. Simply making a claim to asylum is often enough to live and work in America. Trump tried to change that with Title 42. Basically due to the possibility of flooding the country with Covid-positive asylum seekers, the threat of disease was invoked as a reason/excuse to keep the asylum seekers out of the U.S. while their cases drag on and on. Some asylum seekers and their families were detained at the border as a deterrent rather than released into society. But public outcry over caged families and the massive costs in housing and feeding sent the Trump people looking for another way to implement Title 42.

The change was for the Trump administration to negotiate for asylum seekers to wait out their processing times not in American society or an American detention facility, but in Mexico, through a program called the Migrant Protection Protocols. People at the border make their asylum claims, and are then nudged a step backward to wait for an answer in Mexico. The Department of Homeland Security also established an agreement with Mexico to accept all Venezuelan nationals who cross the border seeking U.S. asylum.

Title 42 stopped some 2.4 million would-be immigrants. The Biden administration now seeks to return to the old pre-Trump system, whereas asylum seekers would generally be set free inside the U.S. to go somewhere and wait out their processing. Nascent implementations of this system fell flat; U.S. Immigration and Customs Enforcement (ICE) estimates they already “lost” 150,000 migrants due to Biden admin’s lack of processing. These people are simply at large and likely forever will be within American society. As David Frum wrote approvingly at the time, “if liberals won’t enforce borders, fascists will.”

Biden’s administration tried to end the Title 42 policy this past April in court, but a Louisiana judge ruled proper administrative protocol must be followed to formally lift the program. Lower courts then issued a stay on ending Title 42 until December 21, extended now by the Supreme Court, and traffic backed up at El Paso and other prominent crossing points. Meanwhile, for those who are crossing now, the expulsion of migrants has continued while the protracted legal battle plays out among the government, migrants represented by the ACLU, and now, a group of 19 GOP-led states seeking to intervene in the case.

The states have argued that they will suffer “irreparable harm” if Title 42 ends and migrants stay in the U.S. for longer periods of time. Between 9,000 and 14,000 people are expected to cross the southern border each day after Title 42 ends (border crossings are now at around 7,000 a day.) The coalition of GOP attorneys general requested the court push back the Dec. 21 end date pending deliberations on an appeal. Migrants are waiting in Mexico, hoping Title 42 will be overturned and they can cross and stay in America. The final decision will likely lie with the Supreme Court.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Immigration by the Numbers

December 24, 2022 // 7 Comments »

Numbers can be boring. When discussing immigration blur the lines between sweet old auntie and that bum lapping at the public trough. So let’s look at Mr. Jimenez from Ecuador and Mr. Singh from India, alongside some numbers. Both want to come to the U.S., one for illegal work, one to take his family to New York on a vacation.

Mr. Jimenez will enter across the Southern Border near El Paso. Many people do, and certainly most illegals. In 2022 there were only 330,037 legal immigrants to the U.S. (LPRs, green card holders.) Meanwhile, over 2.75 million “migrant encounters” occurred along the southwest border since Joe Biden took office. In the Rio Grande Valley sector alone, roughly 10,000 encounters with illegal immigrants occur every week. Those number are expected to rise after December 21 as Title 42, a Trump-era legal speedbump to immigration, expires and more people can apply for asylum from inside the U.S. without waiting first in Mexico. Mr. Jimenez will be an illegal, i.e., not have a U.S. immigrant visa or Green Card. He’ll be in that clump of 2.75 million. As a comparison, historically, the peak year for admission of new immigrants was 1907, when approximately 1.3 million people entered the country.

“United States Border Patrol had lost operational control of our southern border. They can’t contain what they have now,” former acting Immigration and Customs Enforcement (ICE) Director Tom Homan said. The Texas Department of Public Safety says of the 371,000 criminal aliens booked into local jails through May 31, 2022, 255,000 were charged with more than 424,000 criminal offenses. These include more than 700 homicide charges, 51,000 assault charges, and 52,000 drug charges.

The crime rates aren’t the only problem; the amount of money taxpayers spend for illegal immigrants to call Texas home averages approximately $850 million a year. Texans pay an average of about $152 million a year to house illegal aliens, between $62 million and $90 million to include illegals in Texas’ emergency Medicaid program, and up to $717 million for hospitals to provide uncompensated medical care. Now to be fair immigrants don’t create such a large cost for taxpayers because they’re lazy. Immigrants, legal or illegal, are just regular people trying to make it through the day. But their relatively low level of education means the kinds of jobs they can get don’t pay much. That in a best case scenario means they pay relatively little in taxes and use more in government services.

These costs are because people in the Biden administration and those who support it believe aliens have a right to enter the U.S. and taking that right away with a wall or a visa regulation is not who we are. Joe Biden called it part of “securing our values as a nation of immigrants.” He’s claimed reducing immigration has been an “unrelenting assault on our values.” Immigration, says Biden, “is essential to who we are as a nation, our core values, and our aspirations for our future.”

The problem is Mr. Singh from India. Mr. Singh does not want to work in America, does not seek uncompensated medical care or Medicaid. He wants to visit New York on a tourist visa, eschewing the wet walk in at El Paso for a First Class ticket landing him at JFK. He wants to do things the legal way.

Indians hoping to head the U.S. for vacations are now faced with huge delays in obtaining the interviews needed to be granted a visa. According to the State Department, the wait time in early December for one of these interviews at the American Embassy in New Delhi was 999 calendar days. In Hyderabad, it was 780. In Mumbai, it’s 999. Nothing is higher than 999 days, so one suspects the real toll is in the thousands, and a note warns “These are estimates only and do not guarantee the availability of an appointment.” A non-sarcastic reminder states “Please schedule a regular visa appointment well in advance.” Ironically if Mr. Singh were to fly into Mexico City and seek a U.S. visa interview there, he’d still face a 702 day wait. And by the way, the fee for that visa, should it eventually be issued, is a cool $160 per person.

So Joe Biden, time to put up or shut up. If unfettered immigration is part of our national fabric, either deploy the resources needed to properly process visas in India and around the world, or plug the holes along the southern border to greatly slow the rate of illegal immigrants. Trying to have it both ways only leaves the United States looking like a hypocrite on immigration, and that’s not who we are, right?.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Wokeness Claims Another Institution; History Fights Back

December 7, 2021 // 5 Comments »

When will our intellectual life return to normal, the place Socrates, et al, once left it, where facts come together into conclusions? Today in service to ideologies like CRT a conclusion is established and facts are manipulated or just ignored to support it.

You can’t argue intellectually against something so profoundly unintellectual but you can still take note of it in hopes someday we will want to untangle ourselves. That’s why we’re visiting today the Tenement Museum on New York’s Lower East Side.

When I joined the Museum as an educator in early 2016 it was a small, elegant, good place. Inside a restored 19th century tenement apartment house, it told the story of some of the actual all-immigrant families who had lived there, from inside their actual apartments. Of the over 7,000 people who inhabited that building over its lifespan, researchers established who had lived in which rooms, detailed their lives, forensically reconstructed the surroundings, and we shared that with guests. Rule 1 was always “keep it in the room,” focus on specific individuals and how they lived in the room where you were standing. Over the years these included Irish, Jewish, German, and Italian immigrants. There had been no Bangladeshi’s, Spaniards or blacks; their stories lay elsewhere, “outside the room.” It is the same reason there is no monument to those who died on D-Day at Gettysburg. That didn’t happen there. That story is told somewhere else.

Imagine the power of telling the story of an immigrant family’s struggle between earning a living in the new factories demanding labor in New York, and the pull of maintaining their own religious traditions from their living room where such family arguments took place. Think about explaining sweat shop conditions in a room that was actually such a place. No need to talk about lack of space and privacy, it was literally all around visitors. The Rogarshevsky family walked this hall. The Baldizzi family put their hands on this banister to climb the stairs at the end of a weary day. They came home to this evening light in their parlor. They smelled the rain as visitors did on a March day. You could literally feel history.

After Trump’s election everything changed. Our mission at the Museum went from telling real stories to “fighting fascism and destroying the patriarchy.” With our focus on immigration, we were given tips on handling what the museum snidely called “red hats,” MAGA-capped Trump supporters, usually parents visiting a hip child in NYC who dragged them in for reeducation. I witnessed an Asian museum educator say out loud without any concern by management “No more Jews, I want to tell my story!” Her parents were university professors from Asia and she was born in a toney NYC suburb, so I’m not quite sure what her story was. Narratives were rewritten, so for example the Irish immigrants went from suffering anti-Catholic discrimination in Protestant New York to being murderers of innocent blacks during the 1863 Draft Riots. Never mind the Irish family spotlighted by the Museum lived there in 1869 with no connection to the Riots.

The wokeness which drove me to quit is now poised for a new lows in a desperate move to shoehorn a black family into the mix because of course everything has to be about race. The Museum is planning for the first time not only to feature the story of a (black) family who never lived there, the family were not even immigrants, born instead in New Jersey. To accommodate this change, the Museum will do away with its current Irish family tour in lieu of a hybrid to emphasize black suffering and deemphasize the actual life experiences of discrimination imposed on the Irish by “whiter” New Yorkers. They will build a “typical” apartment of the time on the fifth floor for the black family, an ahistorical space they never lived in, an affront to those whose real life stories once did. It would make as much sense to build a space to tell Spiderman’s story.

The existing Irish tour is particularly important because it supports a classist, not racial, basis for discrimination in America. It forces guests to think through the roots of inequality given that rich white people already established in New York discriminated against poor white people (the Irish first, then the Jews and Italians.) That narrative is problematic in 2021 because it spreads victimhood broadly, and chips away at the BLM meme that race is the cause of everything.

The story is also problematic in 2021 because it emphasized how the Irish organized themselves politically to fight back and claim a more equal place in society. Many of the Irish had entered the United States before there even was any immigration law, simply walking off ships into the New World. Later, as nascent citizenship laws demanded proof of several years of residence as a condition for regularized status, many Irish could not prove it, the purest form of undocumented as no documentation existed when they went feet dry. The post-Civil War amendments to the Constitution designed to overnight change freed slaves into American citizens with the right to vote also scooped up masses of Irish immigrants. Aided by the sleazy needs of men like Boss Tweed who were willing to trade patronage jobs for votes, the Irish began to prosper.

If you wanted to ask the question of how the Irish did that, and later the Jews, Germans, Italians, Hispanics, and Chinese, but not blacks, you were once welcome to do so. In better days the museum referred to this as “introducing complexity,” asking questions without clear answers instead of imposing a pre-written doctrine on guests. No more. The Irish are once again not popular among the rich white people running New York, this time in the guise of the Tenement Museum. Their story will exist only as a sidebar to a black experience that never really was. It is a literal rewriting of history. What a shame a place designed to help us remember wants to make us forget.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Running Biden vs. Governing Biden (Pick One)

March 6, 2021 // Comments Off on Running Biden vs. Governing Biden (Pick One)

Joe Biden and the Democrats did OK getting elected. When do they plan to start the governing part?

Everyone was supposed to calm down once Uncle Joe took office. Good old Joe. CNN got it, running an article about how Joe plays Mario Kart with the grandkids, has a nice non-dumpster wood fire in the Oval Office, and goes to bed early. Politico ran a hard-biting piece on how “the first couple’s romantic gestures aren’t just genuine — they’re restorative.” Mr. Rogers with some PDA. A lot of familiar people are in the cabinet and mid-level positions. It’s almost as if it is 2016 again. Safe, happy 2016. But better, as we now also have Kamala (remember her, the first ever this-and-that vice president?)

It’s nice. But the governing part is off to a slow start. Congress has been busy, albeit with another failed impeachment trial (counting Russiagate/Mueller, let’s call it impeachment shot in the dark III) of a guy who is not even president anymore, with a 9/11 style commission apparently to follow. At his Senate hearing the nominee for Attorney General was goaded into agreeing to some sort of additional investigation. “Hold him accountable” people say. Well, he lost the election, that’s pretty accountable. And why not — hearings are scheduled for the Postmaster General, whose days in the job are numbered, about why maybe some mail-in ballots might have been delivered late on accidental purpose five months ago.

Trump nostalgia? No, keep fear alive seems to be the driver. For the first time in history the Capitol has a non-scalable fence enclosing it, and the Kapitol Kops are asking that the barbed wire stay in place until September “while authorities work to track down threats.” The National Guard is on near-permanent assignment (cost to date $480 million) on the Hill for no apparent reason other than to give directions to a few lost tourists. Political theatre, re-election stunts. A waste of time when the clock is running so hard against us.

Because if we accept the Democratic/MSM campaign premise Trump nearly destroyed America, then this is a time of great urgency, life or death stuff. Things need fixing. But not that you’d know watching Biden and his Democratic Congress run the partisan table while the real problems sit like grandma in a Cuomo nursing home.

Let’s see what the Democrats, in full control of Congress, are really up to. They haven’t been in such a position of power since 2008 during First Obama, and they know it. Their solution to fix America? Stamp out the opposition ahead of the 2022 midterms.

Start with a mess ‘o politically driven Executive Orders canceling Trump. No more Muslim ban! Yea, except nobody can travel anyway because of COVID. Except of course everybody along the Mexican border with hazy asylum claims, whom Biden is fast tracking into America. Business travel from Europe, hmmm, dangerous, but anyone living in a tent outside El Paso, bienvenido.

So it’s no surprise the first major legislation the Democratic Congress is to take up is an amnesty to transform the 11 million illegal immigrants who have collected in the U.S. since the last amnesty into 11 million new Democrats, er, citizens, within eight years (i.e., the next next presidential election but it may not matter because climate czar John “Muppet Lurch” Kerry says we only have 9 years left to live) The bill includes $4 billion to boost economic development in Latin American countries, which are not in the unemployed United States. Viva!

Elsewhere the House wants reparations for slavery ended 150 years ago because that will fix everything on TV. The military has been restocked with transpeople. In another game-changing Executive Order, Biden revoked Trump’s E.O. creating an apprenticeship program paid for by industry to be replaced by one paid for by the Federal government which will favor the unions Dems need to be re-elected. President Biden has shown real concern for the people of Texas, hit by natural disaster, by ignoring them. The Dems in general are no longer demanding Ted Cruz leave the state forever but return to it to stop the blizzards. Outside of the halls of Congress, Democrats are trying to cancel conservative media from major cable providers.

But the real hot button issue is finding a way an Executive Order can wipe out trillions of dollars of student loan debt without any thought to the broader economic consequences of such a decision and without reforming the way higher education is funded going forward. Because giving out free temporary debt relief is a primary function of government, some clause or amendment they talked about in civics class the day everybody faked being sick to go to the KISS concert. The Dems haven’t (yet) gone as far as nominating the corpse of Ruth Bader Ginsburg back to the bench but keep an eye on the news.

What about America’s real issues? Stuff like COVID vaccine availability, the economic and social effect of lockdowns (San Francisco kids are committing suicide at an alarming rate, in New York as well, but at least they’re not in cages), unemployment (millions of people are forbidden from earning a living by their government), maybe the crumbling infrastructure. Or lockdown-driven drug overdoses, with deaths 3x those from COVID in San Francisco. The solution so far? Not school openings, because the Dems owe the teachers unions big time for their votes. Most of Biden’s proposed $1.9 trillion Coronavirus Relief Bill has little to do with public health; only 1 percent is allotted to the vaccine. Biden even said after whooping COVID, he is going after cancer. But for now here’s $1400 bucks, knock yourselves out, buy Gamestop.

Remember foreign policy? Joe said recently “diplomacy is back” so, well, OK then. Iran still needs tending to and says we’re moving too slow. Russia must be up to something. Word is China is a big dealio. Anything? Bueller? All we’ve gotten so far is a non-decision to not follow through on Trump’s troop withdrawals from Afghanistan and elsewhere along the failed path of the Global War of Terror. We all know we do have Susan Rice’s next bright idea to look forward to. One hears Libya needs re-liberating.

Everyone knows it is possible to walk and chew gum at the same time. The problem is the Dems have chosen to only do one, not attempt both.

On the other hand, think about how this might play in the midterms. Obama made the mistake of actually trying to take his election momentum and control of Congress and turn it into history making health care reform. He ended up losing his majority and producing a new half-baked health care system to augment the old half-baked system while creating a political football for all to play with.

Not so for the Biden Democratic party. Their goal is paying off electoral votes while finding ways to make January 6 a 2022 top line issue for voters. That what running looks like, creating a narrative, not governing.

“For four years, all that’s been in the news is Trump. The next four years, I want to make sure all the news is the American people. I’m tired of talking about Trump,” Biden said during a campaign appearance at a CNN town hall tongue bath, albeit a month into his term as president not candidate. But while Biden takes pains to refer to Trump as “the former guy” or “the previous administration” the attention Trump gets from Congress and the media, coupled with Biden’s lack of action, keeps the whole machine in campaign mode and that always requires a villian, an opponent, and that’s Trump. Dems want to run against Trump whether he is or is not ever again a candidate.

We need more than that, you even told us so Joe. Remember during the campaign, Joe, when you promised to “crush” the virus the day you took office? We’re quarantining until our skin becomes translucent for lack of sunlight. Our national symbol is Karen telling someone they need to wear a yellow hazmat suit to Safeway or they’ll have her kid’s blood on their hands. An America with its schools closed, its people out of work due to government decree, its worker’s economy weezing, its faith in itself low, an America where no one believes anything is true anymore and the president is just puddling along playing Mario Kart while settling political debts? Joe, you’ve been in office for six weeks, close to half of those all-important First 100 Days you talked about during the campaign.

Like about half the country, I didn’t vote for Biden, but like all of the country I live here. Unlike some Democrats, who for example realized lockdowns were a useful tool in destroying the economy that was leading to Trump’s re-election, I do not want to see further suffering for partisan gain. If a Democrat can solve some of our problems, I celebrate that. So get started. Fix something. We’re bleeding out here, Joe.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Democratic Narrative: No Morning in America for You

March 6, 2020 // 4 Comments »

The chaos of the primaries, the lack of a clear party vision in the last debate — are Democrats a progressive party, a party of moderates, a plaything for billionaires or just people sniping each other for virtue points? It is time for concern.

Politics is always about the biggest story you tell and how voters see themselves in that story. If the Democrats lose in November one of the main reasons — and the competition is strong — will be getting trapped inside a set of false narratives. Or, in the words of  James Carville, “Losing our damn minds.”

Think how powerful the narratives of “Morning in America,” or “Hope and Change,” were, and contrast those with the Dems’ “things suck more than you realize, people” and you see where this is headed.

At the top of the list is the economy. The Democratic narrative is the economy is bad, with a recession just around the corner (or maybe the corner after that, keep looking.) Yet outside the debate hall 59 percent of Americans feel they are better off than a year ago. The overall quality of life is satisfactory for a massive 84 percent. Unemployment is at historic lows. Wages are up a bit.

The reality is bad enough for Dems. But the narrative problem is the Democrats are confusing a strong economy with economic inequality. The economy does benefit everyone, but it benefits a small percentage at the top much more. They have not gotten this message across to an electorate that is happy to have any job, content with some rise in wages, and for the half of Americans who own some stock, see some growth in their 401(k) to suggest maybe at least part of retirement won’t be dependent on canned soup being on sale. The Dems are running on a narrative that the economy failed; Americans believe if it failed, it failed less than before and that’s good enough.

Holding Democrats back is their false narrative of all-you-can-eat white privilege. Economic inequality across America is not primarily racial, though it has a racial component. But Dems are still telling the old story, as if whites across the midwest still have the union factory jobs that raised them and blacks never did. The powerful message of “we’re all in this together” is being thrown away to capture black victimization narrative votes. Dems also insist on lumping blacks, Hispanics (30 percent of whom support Trump), Chinese, and everyone non-lily into “People of Color,” a classic case of one size fits none. It would be an award-winning SNL skit to watch Larry David’s Bernie try to convince a Chinese friend, a medical doctor with kids in the Ivies, that as a “POC” his personal concerns had significant crossover with what was happening to a guy uptown as played by guest host Samuel L. Jackson. It’s about money, stupid, not color.

Dems seem to be working this narrative into the ground in an effort to alienate as many voters as possible. Poor whites, too meth-addled to see Trump making false promises, deserve to be replaced by driverless delivery trucks. Poor blacks, it’s not your fault, because racism. Everyone else not white, whatever, go with the black folk on this one, ‘kay? An issue that could unite 90 percent of Americans gets lost. And if you don’t agree racism is the root cause of everything, from “top to bottom” as Bernie says, well, you’re a racist! James Carville says for the Democratic Party to win it has to drive a narrative that “doesn’t give off vapors that we’re smarter than everyone or culturally arrogant.” Instead, the strategy seems to be Dems turning from criticizing ideas to criticizing voters.

Much of the rest is a mighty credibility issue for the Dems. They have stuck with so many proven false narratives so long no one believes them if anyone is even still listening. Trump did not work with Putin to get elected, yet Maddow on MSDNC is still pushing something similar even today. Do we really need to talk about how few Americans cared so little about impeachment? Trump did not start WWIII. Roe v. Wade is still firmly the law.

But the transpeople! Dems have clung to the narrative transrights are somehow a major issue among voters; Biden tweeted “Let’s be clear: Transgender equality is the civil rights issue of our time.” While most voters want to see transpeople treated decently, there is no national election issue here. Same for all the other virtuous baggage Dems drag around the social media they take way too seriously — for example, rights and benefits for illegal immigrants. It makes them seem out of touch with mainstream America, a particular liability in an election likely to hinge on Purple voters in swing states.

Dems also cling too hard to the narrative of Barack Obama. Maybe he deserves accolades for this or that, maybe not, but that the guy who seems to be the talk of the Democrat party isn’t one of the people on the ballot is not a strong thing. Barack and Michelle’s formal portraits are touring the nation, apparently so Democrats can worship them like artifacts from some lost cargo cult, a “communal experience of a particular moment in time,” according to the National Portrait Gallery. Five equally desperate candidates, with Biden in the lead Art Garfunkel role, are airing ads featuring St. Barack.

Healthcare is a kitchen-table economic issue. A majority of Americans, regardless of party affiliation, rank cutting health care and drug costs as their top priority. That polled as far more important than passing a major health system overhaul like Medicare for All. Americans are not interested in converting the entire economy to some flavor of socialism just so they can see a doctor. The bigger the change Dems sell it as the more it frightens people away. Same for all the other free stuff Dems are using to troll for votes (college, loans, reparations.) Each good idea is wrapped in a grad school seminar paper requiring America to convert its economy from something people have grown to live with into something they aren’t sure they understand. It is a helluva narrative to sell at home, Democrats making an election against Trump into a sub-referendum on socialism lite at a time when Americans’ personal economic satisfaction is at a record high.

Everybody’s great grandma was a wonderful immigrant, salt of the earth. But for much of the nation the narrative is no longer about whether immigration is a moral responsibility. Immigration for vast swaths of the nation is another kitchen-table economic issue. Dems are telling the wrong story — land of the free, huddled masses, yada yada — and seemingly ignoring pleas about opportunities lost. Their narrative cuts short the needed conversation about skills-based immigration policy as is standard in Europe, Canada, Japan, Australia, and elsewhere for the 21st century instead of dragging forward a 19th century legal relic. People concerned about immigration as a pocketbook issue are thrown into the garbage dump by Dems as racists, as if Democrats instinctively cleave to the narrative that alienates the most voters.

James Carville summed it up saying “We have candidates talking about open borders and decriminalizing illegal immigration. You’ve got Bernie Sanders talking about letting criminals and terrorists vote from jail cells. It doesn’t matter what you think about any of that, or if there are good arguments — talking about that is not how you win a national election… By framing, repeating, and delivering a coherent, meaningful message that is relevant to people’s lives and having the political skill not to be sucked into every rabbit hole that somebody puts in front of you.”

WaPo wrote  “The 2020 election is no ordinary contest. It’s an emergency. If you’re being driven off a cliff, you don’t need to find your favorite Formula-1 driver. You just need someone to take the wheel and stop the impending carnage… Trump’s reelection would constitute an existential threat to our republic. He has already tried — repeatedly — to subvert our free and fair elections.” Among all the others, this is the fundamental flawed narrative which may get Trump re-elected. The Dem vision that we are either already in the abyss, or standing damn close to the edge. Many hard-core Dems feel this way because Trump, but I am far less sure that it is broadly felt outside the media/NYC/Hollywood world. Twitter is not real life. While few would go as far as “morning in America,” most are pretty sure it is not an emergency out there, and are pretty sure the majority of Americans will find it hard to support and trust a candidate who says it is.

Where you once had hope and change, there’s instead the always exasperated Warren, the out-of-breath grumpy Bernie, that frozen Pete grin, Yang and Steyer once onstage giving their TED talks, all the lost governors remembered as well as the other guy from Wham!, Biden looking like the last surviving member of an 90’s rock band playing a Holiday Inn gig remembering when he and Barack once filled arenas, man. And now Mike Bloomberg, cosplaying a Democrat. Oh well, the Beto revival of 2024 isn’t that far away.

If I were writing ad copy for the Republicans, I might try this: “Voters, do me a favor, look out the window. Do you see chaos? A Republic on the edge of collapse, Weimar, Rome, the U.S. in 1860? Is your life controlled by an authoritarian? That’s what Democrats say is out there. But you don’t see that, do you? You see more people with jobs. You have a little more. And more kids down the block are home from war then gearing up to fight in places like Libya and Syria none of us really care about, at least not enough to give up a son or daughter. So when you go to vote, think of whose story about what you see you believe. Your choice is pretty straightforward at that point. Have a good night, and a good day at work tomorrow.”

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Looking for Trouble (and Answers) in Berlin

September 16, 2019 // 11 Comments »

I went looking for trouble in Berlin.

Traveling in Germany as an American I was left with one thought: why can’t we live this way? Of course modern Germans have their problems, but it seems wherever you go it is clean, safe, organized. They pay taxes, sure, but receive nearly free healthcare, college, and federally-mandated vacation time. The trains run on time. They have trains everywhere.
 

But there had to be more to it. So I went looking for trouble, asking Berliners where I shouldn’t go, where the off-limits parts of town are, you know, the places I wouldn’t be safe. It turned out to be a difficult question. OK, there were some areas where I might be pickpocketed at night, and a few parks where if I went in search of someone to sell me drugs I might find him. Prostitution is legal and sin is orderly. The closest I saw to a fight was four drunk non-German tourists hassling passers by. I went to an immigrant area which was statistically Berlin’s highest crime zone, and saw lots of graffiti and received some close looks but nothing more threatening than that. I couldn’t find a really bad part of town, and I tried.

A similar quest in nearly any major American city would be a lot easier. We run our lives, never mind plan a tourist’s itinerary, around the bad parts of town. I live in New York City, where we play a kind of parlor game about which areas are not as bad as they used to be. In Alphabet City where they filmed Taxi Driver in the 1970s the former crack houses now rent out tiny apartments for over $3,000 a month. There is a moderate push-pull between the border of the Upper East Side and Harlem as gentrification drives up housing prices.

The police presence around the areas in Harlem where tourists venture — the legendary Apollo Theater, the soul food restaurants — is effective even as the area still retains its snap. I was savagely beaten not far away, near the White Castle which serves as a kind of Checkpoint Charlie between zones. I wandering into five black teenagers pounding the life out of a much smaller Hispanic kid and yelled for them to stop or I’d call the cops. They quit, but circled around the block and attacked me, all at 4pm in the afternoon, you know, just after school.

So at age 60 I threw my first punch in anger since maybe 8th grade. After the cops came and the attackers scattered (and nobody nearby saw nothing) I was told I was likely part of an initiation, as no one made any attempt to rob me or the Hispanic kid. The cops said almost certainly a gang member was taping it all, so I should check online. It made me remember how the insurgents in Iraq would also have a video guy nearby when they set off an IED.
 

Pray for the tourist who alights at Hunts Point in the Bronx. The neighborhood has the highest reported crime rate in New York City, including the most violent crime. And given the poor relations between residents and the police, you can be assured reported crimes represent only some sliver of what really happens. Over 50 percent of the area lives in high or extreme poverty. Unemployment is among the highest in the state. It’s all just eight subway stops from Jeffrey Epstein’s old mansion.

Hunts Point is split between blacks and people from Puerto Rico and the Dominican Republic, but race is less the criteria for victims than familiarity. Very, very few people on those streets don’t already live there, and as a stranger of any hue you are unwelcome except as prey. Daytime, in and out of a roast chicken joint, okay, but stay off the side streets, keep your eyes down, avoid displays of gang colors (and you better know what they are) and, well, just don’t go there.

A good friend spent a couple of years in a Hunts Point high school under Teach for America, our national service program designed to destroy the souls of liberal arts graduates, and was told her most dangerous days would be her first, until the beast that is the neighborhood adjusted to her presence. Luckily she he was quickly subsumed as a neutral element, and by the end of her tenure probie gang members in her classes would even graciously suggest she not hang around after school certain days when trouble was expected.
 

New York is also awash in hate crime, centered in parts of Queens and Brooklyn formerly considered “safe.” Hate crimes reported this year show an 83 percent rise over the corresponding period last year, what the governor calls a “growing cancer.” In one recent incident, Heil Hitler, a swastika, and the words “gas chamber” were spray painted on a predominantly Jewish club which counts many Holocaust survivors among its members. The hate crime wave is under-reported, however, in that the majority of the incidents are anti-Semitic, and the perpetrators often black, as once-separated neighborhoods grow together, all counter-narrative to the national white supremacy meme.
 

On the S-Bahn train trip back into Berlin center from another not-so-bad bad neighborhood I was preoccupied with the people around me. None of them were really poor, or even could become poor. Under Germany’s social system, there is only what they call “relative poverty,” with the lowest levels of households receiving about 60 percent of the average German income. So everybody eats.

And everybody gets medical care; the healthcare system in Germany is funded by statutory contributions ensuring healthcare for all. You can also choose private insurance. The system can be complicated, but basically takes about 7 percent out of everyone’s paycheck, matched by their employer. Absent yearly copays of maybe $50, that’s it. If you make below a minimum wage, you pay nothing and still get the same healthcare as others. The system also covers long-term nursing care.

College is free. At work, there are maternity benefits, a cash child allowance, and laws ensuring expectant mothers stay home for six weeks before birth and eight weeks after. Child mortality rates are almost twice as good as in the U.S. overall, and staggering compared to forgotten places like Hunts Point. The United States is the only advanced industrial nation that doesn’t have national laws guaranteeing paid maternity leave.

For every German there is a national pension plan, work-related accident insurance, and welfare for extreme situations. No one lives homeless except by choice. The U.S. is also the only advanced economy not guaranteeing workers any vacation, paid or unpaid, and the only highly developed country (other than South Korea) that doesn’t guarantee paid sick days. In contrast, European Union nations guarantee workers at least four weeks paid vacation. Among the countries in the Organization for Economic Cooperation and Development, the U.S. has the lowest minimum wage as a percentage of the median wage.

In Germany there are plenty of rights. Free speech and freedom of religion all you want, elections at all levels. Even with restrictions Germany has one of the highest global rates of gun ownership. And none of that gets mixed up in questions of whether to provide everyone healthcare, because it has nothing to do with providing everyone healthcare, or a college education, or maternity leave.
 

I’m sure there are downsides beyond what a short term visitor can see. But look around Germany: whatever the tax rates, it works for a very broad range of people. Not perfectly, but it works and it’s better than what we have in what we unironically and constantly otherwise remind ourselves is the Greatest Country in the World. You can’t get past that. I don’t know how to twist every detail to make it work in America, and I’m not sure Bernie or Elizabeth or whomever we could elect can try hard enough (Trump and Biden are campaigning on not trying), but there it is, in Germany. And in the UK, Japan, China, Canada, etc. To an American, it all sounds too good to be true.

I write with a certain desperation, not wonderment. I’m not an undergrad who just took his first trip overseas, amazed at the great big world. I lived abroad for 24 years, used national health care in three nations, and traveled to many others. I’ve been a Democrat, voted Republican and third party, been called a fascist and a liberal, had long hair and short, lived in my car and paid off a mortgage.

In Germany I had some sense of what life would be like freed from the burdens which define American life: no worries about healthcare, or old age care. Money enough to really live on if I lose my job or become disabled. No decades-long burdens to get my education, followed by more to help pay the rising costs of my kids’. No worries about outliving my savings, or having a carefully crafted retirement plan blown to shreds by a recession, or being struck down illness my insurance won’t pay for. To never have to wonder how to pay for their spouse’s life-saving medications or watch them whither. What would life be like absolved of those fears?

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Is America’s Answer to Its Immigration Assimilation Problem in Germany’s Mistakes?

August 28, 2019 // 5 Comments »

Too many Americans think immigration is about arguing over head scarfs. Many simplistically demand or oppose the diversity migrants bring. But they’re all using the wrong words, maybe because the right word – heimat — is in German.
 

The Marzahn neighborhood is way out of town, near the end of the S-Bahn train line, in what used to be East Berlin. There aren’t many obvious signs of the heady Cold War days except the most obvious ones, endless rows of Stalinist apartment blocks. They’re plattenbau, housing constructed of prefabricated concrete slabs. From a distance they look like the greatest set of Legos ever made, and are much more colorful than the brown-gray public housing people in New York live in. The Marzahn area was historically farmland, but in the 1970s and 80s these housing estates were the largest in East Germany, mass scale showcase socialist living.

The fall of the Berlin Wall sent the sharper residents west and the Marzahn area was populated for many years by Germans who could not or would not leave, East Germans left behind by the new demands of capitalism. The population fell from 170,000 about 12,000. In 2015 the near-empty neighborhood was called on to house a large number of Muslims flooding out of the Middle East and North Africa. Chancellor Angela Merkel’s decision to bypass the orderliness of the Dublin Convention and expeditiously take in more than one million migrants (with more to come; the backlog of asylum applications is still well over 400,000) brought the challenges of assimilation to the fore in German politics. With the new additions, today every fifth person in Germany comes from an immigration background.

Initial enthusiasm gave way to fear amid rising numbers of new immigrants. Violent protests hit the eastern city of Chemnitz, leading Merkel’s interior minister to call immigration “the mother of all political problems.” Populist politician Thilo Sarrazin published Deutschland schafft sich ab (Germany Abolishes Itself) about the end of a majority race in the nation as more and more Muslims arrived, apparently with the sole goal of reproducing. One conservative Christian Social Union politician announced “Islam doesn’t belong in Germany.”

The Germans in places like Marzahn who awoke one day to find themselves living among immigrants became known as some Euro version of the characters in Hillbilly Elegy. They reacted by registering some of the strongest support for the anti-immigration party Alternative for Germany (AfD), helping AfD finish third in the 2017 elections. Marzhan’s reputation for crime, especially what we might call hate crime and what the Germans label “politically motivated crime,” rose.

Things are quieter now, but the area today has one of Germany’s highest unemployment rates at 20 percent. About 45 percent of families with kids use government benefits. Like in Marzahn, in 43 percent of Berlin’s elementary schools the majority of children speak little or no German at home. More than 80 percent of Muslim migrants see themselves as “very religious” or “true believers.”

Walking around Marzahn, I never found trouble. Some graffiti. A lot of suspicious looks. But stores were open with the cashiers not hidden behind protective glass, women in hijab pushed baby strollers while chatting on cellphones, and men smoking shisha in mid-afternoon returned the least of an obligatory nod. None wanted to talk, but none objected to me asking. They weren’t going anywhere, but they also weren’t going anywhere.

The other 88 percent of the people in the area are German.

“No, no, nobody is going to burn down the mosque,” sighed one German. “But none of us are friends with them.” Another interrupted to point out Muslims don’t wait in line, and don’t try to speak German. They don’t work hard, he said. He had been a bricklayer. His generation had its first Christmases in the ruins of WWII. They’d seen the massive 1960’s and onward diaspora of Turkish guest workers, gastarbeiters, frustratingly still not fully assimilated. Someone who might have been second? third? generation Turk swept the floor around us and another who looked like a sibling tended bar. Every German has a favorite late night doner kebab joint run by a faux-friendly Turkish guy with a funny accent. Fewer have a Turkish best friend.

“There are always those who will take advantage of this problem, for politics,” said one German. “But no one seems to understand what we feel.” It didn’t take long for the word heimat to come up. It is often mistranslated as “homeland” or even “fatherland” by American progressives desperate to connect everything to some creeping Nazi resurgence, but a definition truer to this conversation would be a place allowing someone to experience safety in the form of predictability, a place of reliability of existence. A place where you know where you are and what is around you, and what is around you supports your sense of heimat. It tells you you are in the right place. Rooted. The opposite is feeling rootless in your supposed home, a foreigner in what once was your country.

Heimat was what this was about, creating it somehow or suffering when you don’t, something evolutionary, not revolutionary, progress or lack of, not to be judged by one election or two. It was about the longer term, politics vs. assimilation vs. stubbornness vs. time cheating away anyone who remembered it differently. Historical-time scale change, the kind that took from WWII through the Cold War through Reunification in these German lives here.

Maybe that only can happen once a generation. But time alone doesn’t seem to be an answer either. The Turks, Germany’s largest minority group today at four million, remain largely segregated from mainstream culture. They earn lower wages than Germans, and their children are less likely to attend university. Generations in, mostly citizens now, many still work the “immigrant jobs.” As one writer put it, “We asked for workers, and human beings came instead.” Nobody had a plan for that.

But somebody somewhere tried to raise awareness, told everyone to change, or refuse to change, or that the other side should change, or they are racist not to change, or that change is antithetical to who they are. Anti-racism morphed into anti-whiteness. You are a lesser person because of the way you vote. Every group’s goal should be to create their own Wakanda. Expecting migrants to blend in to a homogeneous society nullifies the benefit of multiculturalism. Expecting a homogeneous society to simply accept the changes and challenges of multiculturalism as a “value” ignores millennia of human nature. Anger and fear are always exploitable. The dinosaurs didn’t live forever but unmanaged they stomped a lot of mammals on the way out.

It would have been easy to move the discussion from Marzahn, Berlin to Akron, Ohio. There are always people who see it as Brown and White. Their answers are simple and will fail as simplistic. More/less immigration. Progressive/racist. Build the wall/abolish ICE. Asylum for almost none/asylum for almost all and let the ones denied stay anyway. #Families/#None without skills.

The better of the Germans eschew hashtags to ask themselves what their heimat will look like in five and 50 years, and likely so on the Muslim side as well. As on both sides of the Atlantic, it is easy to guess everyone would agree the government will continue to not bother to solve the problems arising out from the lack of integration. In search of a modern answer, one person introduced a term, societal diversity management, currently missing from the polarized conversation.

Politicians decide how many and how fast for their own short-term election goals. Whoever was already there and whoever just arrived are left to work it out. People stand across the street from one another, one side despairing their rootlessness because they won’t change to assimilate the newcomers, the other facing multi-generational marginalization because they won’t adapt. They think they’re arguing over head scarfs when in fact they are arguing about the need to create a livable version of heimat.
  

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Towards a More Sensible Asylum Policy

August 18, 2019 // 19 Comments »

America’s asylum laws, meant to help the most vulnerable, have instead become a clogged backdoor for economic migrants. The Trump administration is restoring asylum to its correct role in American immigration policy. It is a long overdue, right thing to do, but almost nobody is satisfied. Here’s why.

Asylum is a very old concept, dating back to the ancient Greeks. It recognizes a person persecuted by his own country can be offered residence and protection by another country. The actual conditions vary considerably across the globe (the U.S. will consider Female Genital Mutilation grounds for asylum while in many nations it is an accepted practice), but in most cases asylum is offered to people who face a well-founded fear of persecution if sent home on account of their race, religion, nationality, political opinion, or social group.

The definition of those five protected grounds have also varied greatly based on shifts in American domestic politics. Since 1994 for example, LGBT status has been, and remains under Trump, a possible claim to asylum. Domestic violence was granted consideration as grounds under the Obama administration, only to be rolled back under Trump.

But even as those criteria have changed with political winds, asylum has never been about simply wanting a better life. Poverty, for all its horrors, has never fallen within the protected grounds of race, religion, nationality, political opinion, or social group, though is often assumed to by progressive journalists without access to the Internet and some Democratic legislators from the Bronx.

A theoretical “perfect” asylum case in the U.S. might be a prominent Chinese democracy advocate finally granted permission by Beijing to lecture in the U.S. As he arrives, his government announces he will be arrested upon his return to China for intellectual crimes against the state, and per the State Department, likely subjected to torture.

The reality of 2019 is the asylum system has evolved into a cheater’s backdoor, a pseudo-legal path to immigration otherwise not available to economic migrants. They lack either the skills for working visas, or the ties to qualify for legal immigration under America’s family reunification system. So they walk to the border and emptily ask for asylum, taking advantage of previous administrations’ look-the-other-way “solution” to their ever-growing numbers. Affirmative asylum claims, made at ports of entry, jumped 35 percent in the last two years even as refusal rates for those cases along the southern border run into the 80th percentile.

It works — for them. A Honduran on the border who says he came to work is sent back almost immediately. However, should he make a claim to asylum, the U.S. is obligated to adjudicate his case. Since detaining asylum seekers and their families while the processes play out over at time years is expensive and politically distasteful (kids in cages!), until recently most asylum seekers were instead released into American society to wait out their cases. They became eligible for work authorization if their cases extended past 150 days, as almost all do. The number of pending cases in early 2019 was 325,277, more than 50 times higher than in 2010.

Eventual approval rates for all nationalities over the past decade average only 28 percent (some place the approval rate as low as 15 percent and argue it is because of unfairness in the system, rather than illegitimate claims. Others claim the approval rate, however low, is bogus, reflecting clever coaching by immigration lawyers instead of legitimate fears), and after denial the applicant could either refile as a defensive asylum claim, or simply disappear into the vast underground of illegals.

Previous administrations’ plans to create expedited asylum processes proved ineffective as numbers endlessly just increase to fill the available opportunities. Simply making a claim to asylum has been enough to live and work in America in one status or another. Trump is changing that.

The most visible change is detaining asylum seekers and their families at the border instead of releasing them into society to wait for their cases to be processed. Detention is a deterrent to economic migrants making false claims to asylum, statistically somewhere between seven to nine out of 10 persons plus their families.

The next change was for the Trump administration to negotiate for asylum seekers to wait out their processing times not in American society or in a detention facility, but in Mexico, a program called the Migrant Protection Protocols. People at the border make their asylum claim, and are then nudged a step backward to wait for an answer in Mexico. This relieves the U.S. of the costs, monetary (the House just voted an additional $4.6 billion to be spend on beds and baths for detainees) and political.

Mexican officials estimate about 60,000 people will be sent to Mexico by the end of August under the Migrant Protection Protocols. The policy seems to be effective in weeding out economic migrants as many, denied the chance to work off their debts in America to the human traffickers they paid for the journey north, choose to return home to Central America and abandon their previous sworn assertion such a return would imperil their lives.

A more significant Trump change to U.S. policy is to bring it in line with the European standard (“Dublin Convention“) of country of first refuge. Most of Europe subscribes to this model, which requires asylum claims to be made in the first country that can offer refuge. The idea is a person legitimately fleeing a repressive government would want safety as soon as possible. If the person is really just an economic migrant, this will stop him from “forum shopping” to see if the economic benefits are better in Italy or Austria. Or Mexico versus the United States.

In the American context, if someone is fleeing gang vengeance in Honduras, Mexico would become his refuge even though his cousin needs help in the restaurant in Chicago. The U.S. will thus not consider asylum seekers who pass through another country before reaching the United States (the order is being challenged in the courts.)

To put the plan into practice, U.S. reached a deal with Guatemala for that nation to take in more asylum seekers from other Central American nations. The U.S. is expected to sign similar agreements with El Salvador and Honduras. The U.S. has had an identical but little-noticed arrangement in place with Canada for many years, allowing the U.S. to not consider asylum applications from persons who did not apply first while in Canada. Despite the media hysteria about cruelty, the idea is nothing new.

The impact of these changes will be significant. Though Mexico does not yet have a formal safe third country agreement with the U.S., its Commission for Aid to Migrants projects 80,000 asylum requests this year, up from only 2,137 five years ago. Mexico and other Central American nations are expected to also become a place of first refuge for the many Haitians, Cubans, and Africans who previously just passed through their territory en route to America.

This illustrates an ancillary benefit to moving some of the costs of housing migrants to Mexico, and asking for more asylum processing by Guatemala and other nations: it gives them a reason to police their own borders. Until recently, there was no incentive for these countries to stop migrants headed north, and indeed much incentive to pass on the problems by opening their own borders to northbound traffic. This same thinking allowed human traffickers and drug dealers to operate with near impunity.

Following all this, the newest change concerns derivative claims to asylum. Spouses and minor children of those approved for asylum continue to be granted asylum alongside the principal. AG Barr, however, recently overturned a decision by the Board of Immigration Appeals saying a Mexican adult man could apply for asylum on the basis of his father being targeted by a cartel. Previous administrations held such an adult, while obviously not a dependent minor, would still automatically “inherit” asylum as the member of a particular social group, his extended family. Barr says now the adult can still apply today for asylum, but has now to prove his case independent of his father.

Barr’s decision is in line with former Attorney General Jeff Sessions, who ruled victims of domestic violence would no longer be considered members of a particular social group, i.e., all abused women of say Honduras, and were thus not eligible for asylum based simply on a claim to have been such as victim. Sessions determined each woman would need to prove a specific case of persecution and not simply assert she was a victim of a crime sadly endemic to many Central American societies.
Americans broadly favor immigration in general. But the gap between orderly immigration and unfettered immigration based on how many people can slip through physical holes in the border and loopholes in the law has grown too wide, to the point where a quarter of the 45 million foreign-born people currently in the U.S. arrived here illegally. Some 60 percent of likely voters support efforts to “prevent migrants from making fraudulent asylum claims and being released into the country.” As Europe has acknowledged and America is learning, modern immigration comes with considerable social and political costs, and those will be accounted for by society one way (good and thought out) or another (violent and chaotic.)

As David Frum melodramatically wrote to encourage his fellow progressives to abandon garbage “policy” like abolishing ICE and throwing open the borders, “if liberals won’t enforce borders, fascists will.” Rewriting that a bit, if Congress will not reform immigration policy in line with a broad national consensus, then whoever is in the White House will, albeit in a piecemeal fashion. The result is Obama’s DACA reforms didn’t outlast his administration, and if a Democrat wins in 2020 Trump’s changes to asylum processing will be rolled back. Nothing gets permanently resolved that way, and it needs to be.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Dems are Shorting White Voters in 2020

August 3, 2019 // 12 Comments »

The cornerstone of progressivism, and one of the reasons Democrats are likely to lose the 2020 presidential race, is their misunderstanding of white privilege. It leads inexorably to devaluing the voters needed to clinch the Electoral College.
 
The basic idea is whites are ahead of other races economically via privilege, an amorphous term including access to good colleges, sympathetic treatment by cops, better terms on mortgages, and more. Kanye scores big money-wise, but when he tries to get a cab he’s just another black guy, while taxis compete for me to be in their back seat.

Not sure? David Brooks of the New York Times says “Racial equity has become the defining issue of the moment.” In fact, white progressives are now further left on race and diversity issues than the typical African-American voter, what one very white man calls The Great Awokening and feels is comparable to the abolitionists in the North who demanded civil war to right racial wrongs.

Elsewhere, the Times wants to impeach Trump for racism. That article claims Democrats’ problem is their “obsession with Robert Mueller and his tedious investigation — an investigation all but irrelevant to the racist agenda that animates Trump’s political project.”

The problem with this victim-washed vision of 2019 America (not a good era for subtlety overall) is white is not enough, never has been. I learned this during my 24 years at the State Department. I was a diplomat, about as privileged a job on paper as you can get. But inside the State Department (and don’t think while it is different today it is all that different) being white was only a third of the bargain. The criteria for upward mobility was “pale, male, and Yale.” Being white (the pale part) was a great start, but only if you were also a man; women suffered in promotion rates and even then only in less-desirable job categories (girls are nurses, boys are doctors.) But white and male got you only to the front door. The “good” jobs required the right background.

A sort-of proud graduate of The Ohio State University (somehow Harvard feels no need to call itself The Harvard) my privilege only went so far. Some animals are indeed more equal, and I couldn’t fake it. They knew each other. Their fathers knew each other. They had money, well, parents with money. No surprise the State Department has been sued successfully over the years by its woman diplomats and its black diplomats. We Big Ten alums however never got our class action together and so muddled mostly in the middle levels.
 
The idea white, or even white and male, was enough has always been laughable. America did not welcome our grandpas; it shunted them into slums and paid them as little as possible to work for male, pale and Yale owners. Check how many Irish died digging the canals around New Orleans. Read how immigrant children were worked in factories decades. The 1924 Johnson-Reed Act used phrenology to exclude Italians. It was so horrendously racist Hitler praised it in Mein Kampf.

Now in the world of 2019 mentioning the Irish triggers someone with purple hair and a neck tattoo in Elvish to shout slavery was worse. It was. But applying a rank-order to suffering disguises the reason this ideology will drag the Democratic party to likely defeat in 2020: it is about more than race. What progressives call white privilege is mostly wealth privilege, with a lot of unrelated things chucked in to fill out the racist argument, basically everything bad that happens to black people from airplane seating scrums to what color the director is of the next superhero movie as if every moment today is a hot summer morning in 1968 Birmingham.

The candidates then either dismiss what they call white angst as a Fox narrative or condemn it as white supremacy, Nazism, fascism, the words having lost specific meaning. Dems gleefully crow about changing demographics that will turn America into a non-majority nation soon enough, and celebrate the end of privilege as the country depletes its stock of Caucasians. They fail to see the salient statistic of America is not that the 61% who are white is falling, but that a tiny, tiny percentage, the top 0.1% of households, now hold about the same amount of wealth as the bottom 90%.

And every white voter in every swing state knows that, even if the candidates do not. And every one of those voters knows that the solutions the Democrats propose will not help with it (they are also unlikely to fix racism.) Mayor Pete’s Douglass Plan provides billions for black businesses and colleges, Kamala Harris proposed a $100 billion plan for black homeownership, everyone on CNNMSNBCNYTWAPO favors reparations, and all the candidates support free medical care for illegal immigrants, but not so much for those they see as already having too much, who actually have just a little more but not enough.
 
Nothing excuses the at times dangerous behavior of Trump and some of his supporters (but it does explain why this hasn’t hurt the president politically.) Yet declaring all Trump supporters racist is far too crude an understanding. Many feel they are under attack from progressives who fail to see their economic vulnerabilities. Instead of Barack Obama (Columbia University ’83, Harvard Law ’91) talking about hope and change for everyone, they hear the Dems dedicating themselves to over-correcting racial wrongs not committed by any of the people who now feel as if they are being punished for those historical sins. They witness Democrats scolding them into resentment over what little more they have than others.
 
Democratic hopeful Kirsten Gillibrand failed to sell this version of white privilege right at Ground Zero for economic inequality, Youngstown, Ohio. Youngstown was archetypal postwar America, a midwest city built around a now-dead steel industry. It was a racially-mixed city, not only statistically, but in reality. The now-gone union jobs paid living wages to whites and blacks and allowed people to buy homes on each others’ streets, same as they worked together in the mills. It was workers’ privilege.

Gillibrand was asked at a campaign stop “This is an area that, across all demographics, has been depressed because of the loss of industry and the opioid crisis. What do you have to say to people in this area about so-called white privilege?”

Her answer, praised on CNN as “powerful,” was a wandering narrative about how while white privilege didn’t spare the questioner unemployment, the loss of her house, her son to opiods, and her soul itself at the hands of rapacious inequality, the black folk in Youngstown had it worse, ’cause the white supremacist cops would bust a black kid for weed while a white kid would walk away. It was the perfect answer for a progressive media hit. It was the worst possible answer if a candidate wanted some of those Ohio votes. Gillibrand stumbled on to say she understands families in the community are suffering, “but that’s not what this conversation is about.”

The answer was thin soup to a women who lost a son to opioids. Opioids now rank just below suicide as a cause of death in America, as if the two were unconnected. More die of opioids now in America than car crashes, and more die of opioids than police violence against POC. In 2017, Ohio had the second highest opioids death count in the U.S., 4,293. And how much time will the issue get at the next Democratic debates?

Gillibrand, standing in as the poster child for progressives, likely cares nothing of September 19, 1977 in Youngstown, Black Monday, when 5000 steelworkers were laid off, or of the 50,000 who lost their jobs after that. The town never recovered, trauma which helped put Reagan and then Trump in the White House. She doesn’t see what Trump sees, and what Ronald Reagan saw. The problem is not black and white, it is up and down. The people of Youngstown understand this in their bones and to the amazement of progressive media, they support Trump even when he is ineffectual in helping, because at least he understands. He would never tell them their economic problems pale in comparison to racism.
 
It is time to admit racism is not the core problem, the one candidate Pete Buttigieg claims “threatens to unravel the American project.” It is in 2019 an exaggeration driving a key Democratic strategy, betting the White House on a pool of voters with a history of unreliable turnout (since the 1980s blacks turned out in higher numbers than whites, percentage-wise, only for the Obama elections) against any hedges toward a body of whites they devalue.

This is a risky strategy. It alienates too many, challenging too many others (older Americans of all races historically produce 30-40% higher turnout rates than the youngest voters) to vote for the party that denounces Thomas Jefferson as a slave holder, and throws its own Vice President emeritus and poll-leader under the racism bus while Barack silently lets it happen. Voters meanwhile wonder when the reparations for their lost jobs and homes will come. They know Dems won’t represent them if elected; as whites, their literal existence is painted as the cause of a problem Dems claim to want to solve.

The Dems can’t reassess because to discuss racism in any but the Party’s own terms is more racism. Dissenters are racists, or at least noncompetitive. Mayor Pete who in January said “Trump got elected because, in his twisted way, he pointed out the huge troubles in our economy and our democracy,” now leads the charge with racism. Argument is ended with “Oh, so says a white person.” Whitesplaining! It’s like saying only doctors who have cancer are allowed to treat tumors.

Writes The New York Times‘ Charles Blow in a column that uses “racist” or “racism” more than 30 times: Americans who do not concede that Trump is a racist—are themselves racists: “Make no mistake. Denying racism or refusing to call it out is also racist.”
 
In Wall Street terms, the Dems are shorting white voters. A short means betting against something. If you are short on Microsoft, you make investments which will go up if Microsoft goes down. Dems think white voters have little value, and are betting against them with exaggerated claims of white supremacy. Along the way they assume all “people of color” will fall into place, believing what resonates with young, ever-so-offendable urban blacks will also click with their older rural relatives, as well as with Latinos who trace their roots from Barcelona to Havana to Juarez, and why not, Asians. If that sounds simplistic, never mind inaccurate and a bad idea, you may want to short the Dem’s for 2020.
 
BONUS: If any of this sounds basically like the same strategy Dems are using now to shun people as misognyist, homophobic, xenophobic, and Islamophobic, you may be right.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

So a Republican and Democrat Walk Into a Bar…

July 29, 2019 // 12 Comments »

 
So a Republican and Democrat walk into a bar and start to talk about the upcoming presidential election.
 

Republican: We negotiated a deal with Guatemala which will reduce false asylum claims on the southern border.
Democrat: We lost our shit over Baltimore this week.

R: We passed tax reform in line with campaign promises.
D: A man touched many butt without consent in 1983.

R: Full exoneration, no collusion, no obstruction, witch hunt.
D: Well, we’re looking into it. We need more evidence. We’ll see.

R: We’ve got Trump.
D: We’ve got Biden and like 20 more. There’s a full list somewhere on line.

R: We oppose Obama care.
D: Um, since we want to replace it with Medicare for All, I guess we sorta do too. But not really, it just has to go away after we supported it for a decade and through the last election.

R: We appointed two Supreme Court judges.
D: Merrick Garland was unfair.

R: The economy is roaring. Stocks at all time highs.
D: Obama did that.

R: Fundamentals are very strong, plenty of room for more interest rates cuts if needed.
D: It’s gonna crash.

R: We held the line for our base on 2A.
D: We exploited the Parkland kids.

R: We built the Wall.
D: We won the popular vote.

R: We pushed the Muslim ban through the Supreme Court.
D: AOC and her squad tweeted about that from their last sleepover. They made a prank call to the White House after midnight, too!

R: We made significant changes to asylum processing.
D: We complained about that on Twitter and on Colbert.

R: We put kids on cages.
D: We complained about that on Twitter in ALL CAPS.

R: You got anything at all?
D: Most of our candidates have prefered pronouns now.

R: We’re interested in smaller government.
D: We hate men.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

A Broken Asylum System, and How We Ended Up With Kids in Cages

July 17, 2019 // 8 Comments »

How did we end up with kids in cages? We put them there, across multiple administrations, and created a politicized immigration and asylum system that constrains better options. So time to stop saying this isn’t who we are and start looking beyond the hysteria.

There are givens. Immigration restrictions are not inherently racist. All countries have borders. They have to so they can make decisions about who can enter their country and who can be a citizen.

No nation allows people to simply move in. Every border globally is designed to place a barrier in between those allowed and those who are not. At the same time, most economies depend on the cheap labor of immigrants. For most of the developed world, labor needs are worked out via a points system that admits a regulated number of workers with designated skills coupled with border enforcement. The U.S. instead focuses on “reunification,” with family members legally in the country petitioning for relatives with unknown skills to immigrate (do we get the brother with the 4.0 GPA or the one with 3.0 murders under his belt?) Our borders have historically then been left porous to ensure an adequate number of exploitable workers. But since the number of people drawn to work usually exceeds the demand, our immigration laws also place speed bumps in front of the many, many people around the globe who want to try their luck. Inevitably you end up with kids in cages.

Bill Clinton’s 1996 Illegal Immigration Reform and Immigrant Responsibility Act set new records for immigrants detained. Next up was George W. Bush’s 2005 Operation Streamline, a zero-tolerance plan to prosecute all illegal entrants. But to avoid the logistics and negative optics, the program made exceptions not written into the law for adults traveling with children. Nature finds a way, and more and more economic migrants arrived with somebody’s child in hand as a Get Out of Jail Free card. Fewer kids in cages, but more illegals.

Obama initially prosecuted only those found illegally entering more than once. Caught off guard by an influx of asylum seekers from Central America, the administration in 2014 established then-legally permitted family detention centers to hold parents and children — potentially indefinitely — in cages as a means of deterring others. There were also children held alone in cages when they arrived without parents, or in the hands of human traffickers, or when their parents were criminally dangerous. The program ended only because of a 2016 court decision ordering the release of most of those hostage families and largely prohibiting family detention facilities. Adult men, women, and children, would be caged separately in the future.

The whole Obama program got little media attention, although kids were in cages, mostly at the same facilities in use today. The holding facility at Clint, for example, currently a focal point for progressives, has been open since 2013. It was set up specifically for children. Fort Sill, Oklahoma, housed Japanese-American detainees during WWII, 1200 immigrant children during the Obama years, and will reopen to again take in immigrant children for Trump. Immigrant rights activists dubbed Obama “deporter in chief” for having deported more immigrants than any president. He still holds the title because his administration deported more migrants per year than Trump.

While many children at the border are with parents, others arrive with human traffickers, some on their own. “Children” can include everyone from infants to 17 year old “boys,” and the dangers of housing those vulnerable people among adults of all types should make it obvious why the law is written as it is. While on the face a nice solution sounds like “parents with their own kids,” imagine the terrible things that can happen when children and adults are detained together.  Also under Trump, parents arrested at the border are criminally charged with illegal entry. Due process laws do not allow children to be kept with the parent because the child is not being criminally prosecuted.

Trump set out in April 2018 to prosecute every illegal crosser, first or tenth time, with or without kids, the letter of the law. There had been a growing rise in the number of people from the Northern Triangle (Honduras, Guatemala, and El Salvador) along with Mexico. For example, the border patrol detained 6,405 unaccompanied children in May 2018, up from 4,302 in April. In comparison with May 2017, the number of unaccompanied children soared by 329% and parents migrating with kids as a family surged by 435% in 2018.

By law now children and adults cannot be detained together; it was allowed during the Obama years and earlier under the Flores Settlement. Most parents arrested at the border are criminally charged with illegal entry. Due process laws do not allow children to be kept with the parent because the child is not being prosecuted. Overall, interpreting what these laws say must be done versus can be done to end up at what should be done draws some very fine, politically-motivated legal lines.

What is clear is by ending the various catch-and-release, and ignore and don’t catch policies of his predecessors, Trump triggered the next variation on an old problem. With no legal avenue to immigrate for work, and with border enforcement stopping many from simply walking north and blending into the estimated 11 million illegals already in the U.S., a vast number of economic migrants now ask for asylum. They are aided by for-illegal profit asylum cartels, staff from a Democratic Congresswoman’s office, and volunteer American lawyers.

Asylum applicants must demonstrate if sent home they would be persecuted on account of race, religion, nationality, political opinion, or social group. The definition of those five protected grounds has varied based on American domestic politics. For example, since 1994, LGBT status has been a possible grounds of asylum. Victims of domestic violence were granted consideration for asylum under the Obama administration, rolled back under Trump. However, asylum never has been and was never intended to stretch to security or economic situations affecting blanket-like most everyone in a country. “Wanting a better life” has never been grounds for an asylum claim.

However, economic immigrants without legitimate claims to asylum have long taken advantage of slow processing by American authorities. A Mexican man caught on the border who says he came just to work may be sent back almost immediately. However, should he make a claim to asylum, the U.S. is obligated to adjudicate his case, however frivolous (there are potential expedited processes.)

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act requires those seeking asylum be detained while their cases are processed. But for logistical and political reasons, prior administrations simply released most asylum seekers into American society to wait. Asylum seekers become eligible for work authorization if their case has been pending for more than 150 days, as almost all do. Trump has directed the letter of the law be followed, ending this catch-and-release system. He also has negotiated for many asylum seekers to wait out their cases in Mexico instead of working the while in the U.S.

The problem is the backlogs are unresolvable. Affirmative asylum seekers, such as most of those now at the border, apply administratively through DHS. The number of such pending cases as of January 2019 was 325,277, more than 50 times higher than in January 2010. Defensive seekers are those applying for asylum once facing deportation or removal for some reason, including being denied under an earlier affirmative application. These cases go through the courts. As of July 2018, there were over 733,000 pending. The average wait time for a hearing was a staggering 721 days.

The approval rates for asylum claims are low, and always have been. Some recent figures for Mexican claimant approvals are 12%, Salvadorans 21%, Honduras 22%, and Guatemalans 26%. Those countries account for more than 40% of asylum applications, and have for some time. The high refusal rates, while up under Trump, are not at odds historically. In 1984, only 3% of asylum cases from El Salvador and Guatemala were granted, even as U.S.-sponsored wars raged there. Approval rates for all nationalities over the past decade average only 28%, skewed high over recent years by waves of cases designed to pander to general U.S. voters (Chinese pro-democracy applicants) and evangelical voters (Chinese anti-One Child Policy applicants.)

But as we talk there are still kids in cages. None of this is to defend the conditions in detainee camps. Those are a result of a sudden shift in implementation of immigration law coupled with a lack of infrastructure planning, driven by a president who impulsively wants to be seen as “tough” facing down a problem, all backed by an asylum system no longer suited for the conditions imposed on it. Conditions can be quickly improved, and the House just voted $4.6 billion to do that.

But we need also acknowledge the dangers in 2019 of hysteria, driven by media and progressive politicians exploiting the situation to paint themselves as liberating another concentration camp on the road to Berlin, when the immediate solutions are more in line with hygiene kits and child care workers. And no whataboutism. Under Obama we tolerated kids in cages. Without that tolerance then we would not have the intolerant situation now.

But there are deeper dangers. Progressives don’t want to fix Trump’s logistical mistakes (AOC and others voted against the recent humanitarian funding increases.) The camps must not be made more humane, they say, they must be closed. Deportations must not be limited, they must be ended by decriminalizing illegal entry. Free medical care for illegal immigrants. Asylum to economic migrants. Abolish ICE. Open borders.

Meanwhile, Trump’s immigration policies resonate with important sectors of the public. Some 60% of likely voters support efforts to “prevent migrants from making fraudulent asylum claims and being released into the country.” This does not grow from racism or white supremacy (Latinos support much of the Republican immigration agenda), though using those words is an easy way to blame people impacted by decades of imposed change and delete them from the conversation on how to do better.

The driver seems to be the imposition by elites of an uncounted number of illegal immigrants with unknown skills and unknown criminal backgrounds to have an unknown impact on the places they choose to settle. Do we get the guy with the 4.0 GPA or the one who committed 4.0 murders? We are destined — required — to take the bad with the good, scatter them around the country, and hope for the best.

So when economic turmoil in Mexico during the early 1990s pushed migrants north, just as war in Central America drove them in the 1980s, and gang violence does today, in America there is no plan. Tired, consumed, with resources stretched, there was a backlash building Trump sensed and acted on. As Trump was unprepared at the border and told DHS to make do, America for decades has been unprepared and told to make due. A de facto open border similar to 2015 Europe imposed by progressives would have the same effect here as there, leading to a new, even more conservative backlash.

The peak year for legal immigration to America was 1907. Your great-grandfather entered an agricultural and rapidly industrializing nation desperate for workers with no time to waste putting kids in cages. To get them out today we need more than olde timey nostalgia and modern outrage. We need a 21st century asylum and immigration policy.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

A Mini-Lesson in US Immigration History

June 11, 2019 // 7 Comments »

 
I am dying of stupidity reading progressive “takes” on immigration.

Abolish ICE! Every country in the world that has the means to control its borders does so. The US is no different. Every country that can has rules about who it accepts and in what numbers. You, for example, cannot just pick up and move to Canada ’cause you wanna. The merit (points-based) systems progressive decry as fascism are used by “fascist” countries like Canada, Australia, New Zealand, across the EU, etc.
 
But muh grandpa came to this country without on $1 in his pocket and no English and was welcomed!?!?!

Our period of unfettered immigration into the US was brief, with any serious volume occurring from about 1870-1920 (Ellis Island opened in 1892, replacing the previous main processing facility in New York, Castle Clinton), and coincided with a huge demand for unskilled labor driven by industrialization, western expansion as we killed off the Native Americans and needed to fill their lands with farms, and the end of slavery coupled with efforts to not readily allow those freed slaves into the new economy. At the same time, horrible conditions in, serially, Ireland, eastern Europe, and Italy made waves of people available to immigrate into really horrid conditions waiting for them in the US.

As for numbers, and the fear that the US is no longer “welcoming” immigrants, the numbers reveal the truth. The peak year for admission (adjusted for one-time special programs such as those in place post-Vietnam) of new immigrants was 1907, when approximately 1.3 million people entered the country legally. The number has hovered around a million a year for the past two decades. During the 1960s, 70s, and early 80s legal immigration was about half what it has been since. Illegal/undocumented immigration numbers have swelled dramatically since the 19th century as cheaper travel and rising prosperity across much of the world has made travel easier and more possible for many.

We did not “welcome” your grandpa; we shunted him into slums and paid him as little as possible to work in dirty and dangerous jobs for us, all the while calling him kike, polack, greaseball, hynie, and the rest. No one cared about preserving immigrant culture; newcomers faced enormous pressure to abandon their native languages and learn English if they wanted better jobs. They could either isolate into ghettos or assimilate into the mainstream culture. The latter if they wanted to get ahead. Google how many Irish died digging the canals and building the levees around New Orleans. Read up on how immigrant children were worked in factories before you wail about “concentration camps” on the Mexican border that no longer feature sports programs.

“Not who we are?” Bullshit, it is who we always have been.
 
Those were unique historical circumstances and our (lack of) immigration laws in the period matched. The race-based restrictions which followed just happened to coincide with economic changes and eventually the Great Depression that required fewer unskilled workers. Racism played a part in deciding which immigrants to cut, but not in the decisions to cut immigration.

In simple words: Most of what people believe about immigration is myth. Myth is a bad basis for policy. Immigration policy, like economic policy, defense policy, etc., is meant to help the nation. It is not a global charity (that’s refugee policy, a separate thing.) When immigration helped the nation, it was matched to our economic situation. The current immigration laws, which favor relatives of those already here regards of their skills and abilities, do not match America’s current economic need for highly skilled workers. We should adjust the laws to fit the current circumstances as we have done before.

It is just too easy to forget history and apply 2019-think to what really happened. So please don’t.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

After Jeff Bezos, Everyone in America is Now a Victim

February 15, 2019 // 16 Comments »

“I didn’t think we’d see this for a few more years, but this Bezos thing put us over the top,” said Department of Homeland Security Director of Victims Ronald Devine, accompanied by his support dog and her personal support kitten.

“It’s 100% as of today. Every American is now classified — officially — as a victim.”
 

Devine explained the final holdout were super-wealthy, white, straight, older men, led by Amazon CEO Jeff Bezos. Bezos was once seen by most observers as victim-proof, given his fierce Caucasianess. Yet revelations this week he was not actually a philandering old dude caught sending pathetic nude pics to his younger trophy mistress while still married to the woman who worked beside him for decades while they built Amazon together, shocked a nation.

“Bezos is a victim,” stated every blue-check, which includes all previously designated victim-Millennials. “His phone, we heard from Seth, was hacked by the Russians on orders from Trump because Bezos’ Washington Prime Post writes journalism about Trump, so Trump ordered the Russians to trick Bezos to take photos of mini-Jeff.”

“And that did it,” said DHS Director of Victims Devine. “We had previously categorized only about 50% of the entire population as victims until we looped in all women except Melania, who social media feels sort of deserves it. Then it was the creation of ‘People of Color’ being victims, a super victim smoothie that ties together the whole Pantone scale from a Chinese billionaire to a Dominican guy delivering food.

“Of course black folks were brought in after Black Panther told their origin story, same as Star Wars once did for white people. All immigrants and their grandchildren who write college entrance essays were entitled to victim status for years. Same for Native Americans, though the category now includes all older men who wear overly large turquoise jewelry and bolos.

“We’d already counted all veterans and their grandchildren who write college entrance essays as victims. It once was just those Vietnam guys rocking handlebar mustaches down at the VFW who all needed to blame their drinking problem, their cheating problem, and their buying cars at 21% interest problem on something, but now anyone who did two years as a supply clerk at Fort Hood is in. You don’t need to even show any paperwork anymore; just get a Support the Troops sticker on your car, or, south of the Fairfax County line in Virginia, fly that POW flag in your front yard.

“Most of the rest of Americans — I think it got us into the 90% percentile — made it to be victims when we started adding letters to being gay. In the old days we just had the guys from the drama club at Brett Kavanaugh’s old high school. The category jumped when LGBT became so many letters. LGBTQIA added queer, intersex, and asexual. We also have U for unsure, C for curious, another T for transvestite, TS or 2 for two-spirit persons, P for polyamorous, and O for other. The initialism LGBTTQQIAAP (lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex, asexual, ally, pansexual) covered most of California and parts of Austin.
 

“Another step forward toward 100% victimization was a decision to merge ‘survivors’ and ‘community’ with ‘victims.’ There’s a ton of crossover you know. People who had a suspicious mole removed from their back now qualify as cancer survivors, and everyone that knows them forms a cancer survivor community supporting their struggle, see. And then once you could purchase that kind of thing by typing your credit card number into a GoFundMe, it was like the Big Bang of shared victimhood.

“So really all that was left were super-wealthy, white, straight, older men. We at this office had been keeping an eye on them for some time, and thought they’d made the jump into victim status when Trump claimed avoiding sexually transmitted diseases was ‘his Vietnam.’ But for some reason that didn’t catch. Funny, given how nearly every super-wealthy, white, straight male of his generation would have been under that umbrella alongside those college deferments. Same as that Esquire article about American boys everyone flipped out on. Nonetheless, it is, once again I may add, Jeff Bezos who leads us into the future. Him being the victim, his very privacy lost, brings every single person in America into victim status. We did it, people. There still is that American Dream. This rejects the Trumpian view of the world.
 

“So effective immediately, some changes. We’ve ordered millions of ‘Do Not Pet’ reflective vests for Americans to wear themselves to avoid unwanted touching at work. Otherwise, no more clothing with words on it. Every pet and most house plants are now officially designated as support animals. No more need to buy those fake ID cards for Rover off Amazon.

“Things are gonna get crazy at the airport, because after the crew boards everyone with a branded credit card and local municipal employees in uniform, 100% of the remaining passengers are going to qualify for preboarding and extra time. We may need to create new, expansive forms of social media. I know one already being tested is called SJWMobster. I can imagine mandatory VLOGs. It’s difficult to see Joe Pesci’s career advancing, but there will be huge opportunities in sensitivity training. And we gotta add about 8000 words to the First Amendment to define hate speech so we can ban it. We can expect ‘raising awareness’ to become the number one major at America’s colleges, and setting up a GoFundMe our fastest growing job title.

“What’s ahead? I think the new frontier in America is going to be celebrities, who have already been victims for a long time owing to the pressures they face earning millions of dollars and having to do drugs, using some of the new victim coaches out there to grow themselves into more varied categories of victimhood. There will be a lot of competition to book those who can tick the boxes in three or more categories.

“We’ll be busy sorting out who we should be boycotting, given the competing victim statuses creating new categories of multiverse victims for nearly every piece of music, literature or film ever made. Here at the Department of Homeland Security we have already created a new sub-ministry of truth that is even now working through everything ever published to unoffend it double-quick. We may just close all the libraries and let Amazon decide what’s safe to read now that all victims finally have a voice.

“With 100% of Americans enjoying victim totalitarianism, somebody is being hurt, retraumatized, triggered or disrespected right now as I speak, maybe just because I am speaking. How will we as a nation deal with that? I mean, it’s not like we can just laugh at all this, right?”
 
 

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

The Wall May Be a Waste, But It is Not a Crisis

January 14, 2019 // 21 Comments »

Trump’s wall isn’t going to stop much illegal immigration. On the other hand, it is unlikely to hurt much of anything; it will most likely just be another waste of money. It is certainly not a Constitutional crisis over authoritarianism.

There are currently some 700 miles of fence/wall/barrier along the 2,000 mile southern border, built in pieces under the Bushes and Clinton administrations, and maintained under Obama. Clinton even called his 1994 wall effort “Operation Gatekeeper.” There was little-to-no national opposition raised when the various walls were constructed, and no widespread movement to tear them down when Democrats held full control of the government in the early Obama years. No Russian leader stood on the border and declared to freedom loving people everywhere “Mr. Bush, Mr. Clinton, Other Mr. Bush, or Mr. Obama, tear down this wall!”

Democrats in the Senate,including then-Senators Barack Obama, Chuck Schumer and Hillary Clinton, voted for the Secure Fence Act of 2006, which was signed into law by George W. Bush. The law authorized a fence along about 700 miles of the border between the U.S.-Mexico border. By 2015, Customs and Border Protection had constructed 654 miles.

There was certainly nothing on the scale of what we are hearing today, with Nancy Pelosi calling Trump’s plan to add another 234 miles of fence/wall/barrier “immoral… not who we are as a nation.”

Maybe she forgot the beloved Abe Lincoln was an actual railsplitter, a person whose job it was to create rails for fences. The wall meanwhile wasn’t immoral in the 1990s and it wasn’t immoral a year ago when Democratic senators negotiated a compromise Republicans rejected for a wall in exchange for legislation on the Deferred Action for Childhood Arrivals program.

So what’s different in 2019? Via the New York Times: unlike the other parts of the existing fence/wall/barrier, the part Trump wants to add will be “a symbol of hate and racism.” How can one tell? Different construction? A sign? Why isn’t Trump’s part just another brick in that existing wall? What’s the message conveyed by the unwalled half of the border still left after Trump’s part is built?

The president wants something and the other side doesn’t want him to have it. Think of this all as a prelude to the 2020 campaign, including the fierce commentary storm enraging everyone. The media even has us debating whether “walls” as a concept work; do or don’t people sometimes build walls around their (gated) communities for protection, some ask with great seriousness. WaPo ran an Op-Ed criticizing all walls, from medieval times to the present day.

Silly media. Like the shutdown, this is not about walls. Every government shutdown is about brinkmanship. And brinkmanship is risky business, because it demands someone must lose and compromise is off the table. That’s not always a good idea when one side holds a trump card. The president’s is he may declare a “national emergency” (there are also less dramatic “declarable” options) which he feels would allow him to reprogram funds to pay for his contribution to the fence/wall/barrier. Within his narrative, it will play as decisive – someone had to solve the impasse – and as an antithesis to whatever people expected from the midterms’ Blue Wave. “No wall, no deal,” Mike Pence declared. “We’re going to keep standing strong, keep standing firm.”

That sounds all scary, even authoritarian, and you will read articles about how it is unconstitutional or a crisis or an impeachable offense. One outlet called this a “Pandora’s Box” that could even lead to Trump shutting down CNN and Facebook.

It’s not. Declaring a national emergency is at times necessary, at times bureaucratically convenient, and at times rough politics. Shutting down government over a policy dispute is always a cheap move. Trump and the others involved will be judged by the voters. But that’s about it, folks.

Here’s a list of the current 28 standing national emergencies. See if you can find some that rise to the level of what any normal person thinks of as an emergency that couldn’t be dealt with except by the president using extraordinary powers. For example, Obama proclaimed Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela as a national emergency.

Funny thing: the September 11 national emergency, still in force today, was used to have the military do some domestic construction work, the same thing anti-wall pundits claim is now illegal under Trump (other laws also suggest Trump can use the military in this manner.) What if Trump used the existing 9/11 emergency again for whatever he wants, same as Bush and Obama did, instead of declaring a fresh emergency? Maybe that would wake Americans up.

Now if you still want to talk about misuse of executive power, you may want to look at the Constitution. The document doesn’t say much about walls, but it does limit the power to declare war to Congress. Nobody has done much about that misuse of power, as every president since WWII started new wars without any declaration and in most cases without even a head nod out of Congress. To make things clear after Vietnam, Congress passed the War Powers Act in 1973, a bit of executive power-limiting legislation that has been fully ignored ever since.

Leaving aside the gross fig leaf of the 2001 Authorization for Use of Military Force (AUMF) that has been waived over every American invasion, special forces incursion, regime change, drone attack, bombing campaign, reconstruction project, and police action in the last 17 years and still counting, there has been more debate given to the wall than much of any of the conflicts around it.

Certainly more anger and angst has been spewed alongside the wall, and the waste of money it represents. Trump wants $5.7 billion to build it! That is all of about 1/7 of the yearly cost of the war in Afghanistan, and of course that war has run on at $45 billion a year for 17 years. Anybody want to talk about that money being wasted? Maddow? Pelosi? Ocasio-Cortez? Bueller?

And for the media, who discovered via “fact-checking” Trump exaggerated the terrorist threat on our southern border, where were you when every facet of American foreign and domestic policy was driven by two administrations using this same lie?

Apparently all the fears about abuse of power center on a couple of hundred miles of wall in the desert; wars in deserts further away now barely make the news. Spare us the hand wringing over crisis, abuse of power, and unconstitutionality. If anyone really wants to talk the talk on those topics, let’s reopen the debate on the wars in Afghanistan, Iraq, and Syria as part of the negotiations to reopen the government.

That all of that is ignored while the nation is on edge over a slice of wall tells you what this is all really about: 2020.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Wall B.S. and the Politics of 2020

January 11, 2019 // 27 Comments »

 
A wall was not immoral every other time it was built. There are already 700 miles of wall along the southern border, and we’re talking today about building only another 235 miles but somehow that is “not who we are.” In linear distance, it less than a third of who we are, actually. Nobody objected then because this is all about the politics of 2020.

No previous national emergency declaration (there have been over 50 since the law changed in 1976) was ever considered a sign of “Pandora’s box” with all the fear mongering about authoritarianism attached. Nobody objected then because this is all about the politics of 2020.

Senators Schumer, Obama, and Clinton voted for a border wall, fence, and barriers in 2006 (the Secure Fence Act), which was completed under Obama in 2015. Nobody objected then because this is all about the politics of 2020.

The media never “fact checked” Bush or Obama’s statements about the terrorist threat which were used to justify every war and domestic loss of civil rights in the last 17 years. The media “checks” only when it suits their narrative.

With respect, this is all about the politics of 2020.

Everyone is otherwise losing their heads, as they have over Steele, Comey, Syria, North Korea, Putin, and everything else this administration has touched. There are better and worse decisions over the last two years, but it is not all crisis, all the time.
 

BONUS: Trump’s wall isn’t going to stop much illegal immigration. On the other hand, it is unlikely to hurt much of anything; it will most likely just be another waste of money.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

American Immigration: We Need a Merit-Based System

February 4, 2018 // 4 Comments »

The American immigration system based on family reunification is broken. A merit/points-based system can fix it.

Nearly alone in the industrialized world, the U.S. has a patchwork of immigration laws and policies which fail the national interest while simultaneously failing many of the people seeking to immigrate here. What to do about immigration is a national policy decision (like defense spending, environmental rules, and taxes), not a global humanitarian program (that’s refugees.) The answer is not less immigration. Every person who brings their skills and labor contributes to growth, and everyone who acquired skills abroad did so at no cost to the U.S. In a global economy, that represents a magnificent advantage to nations that understand infrastructure is much more than bricks and mortar. It’s brains.

Dollars and cents? Immigrant-owned businesses in 2014 generated more than $775 billion in sales and paid out more than $126 billion in payroll. Immigrant-owned businesses collectively created four million of the jobs today in the United States. Immigrants and their children founded 40% of Fortune 500 companies, which collectively generated $4.2 trillion in revenue in 2010. And you don’t need another list of immigrant celebrities, scientists, and business leaders.

But what if we can do better, a lot better?

Through the end of the 19th century, America essentially had no immigration law. The country was huge, land was available for the taking, and the need for unskilled workers seemed bottomless. The waves of Germans, Irish, Jews, Italians, and Chinese came from every, well, shithole across Europe and beyond. They entered an America where New York City was a center of light manufacturing and the source of more than half of all ready-made clothing, and the vast midwest was blanketed with family farms and steel plants greedy for workers. This system gave way as the first real immigration laws targeted the Chinese, no longer needed to build the railways out west, and, following WWI, Italians and eastern European Jews who were considered “inferior.” Racism played a significant role, but it dovetailed more than coincidentally with an economy that was shrinking (ultimately, the Great Depression) and demanding more skilled workers.

The years following WWII saw a massive change in immigration law. In the booming post-war economy, it was believed there was room for everyone again, and old racial wrongs were righted by removing national quotas and emphasizing family unification. Most post-war immigrants, unlike those of the great waves of the 19th and early 20th centuries, were the relatives of earlier immigrants. Little attention was paid to who these people were, what education and skills they had and, most significantly, what the needs of the American economy were in comparison. The majority of available slots were given to family ties, not persons independently seeking to work in America like our great grandfathers. This is the system in place today.

Family reunification has some no-brainers, such as relatively easy entry for the spouses, children, and parents of American citizens. The complications arise in the preference categories. These include adult unmarried sons and daughters of U.S. citizens and Green Card holders, and their families. Also allowed to immigrate are the married adult sons and daughters of U.S. citizens and their families, and the brothers and sisters of U.S. citizens, and their spouses and minor children. Once those people become legal, they can then file for immigration for their next generation of relatives. One immigrant can sponsor dozens of relatives, who in turn can then sponsor dozens — chain immigration.
There are two massive problems with this system.

Mexico, the Philippines, China, India, and the Dominican Republic are the most prolific sending countries to the U.S., creating a statistical snowball; more Chinese immigrants means more Chinese relatives to follow. Because of that snowball effect, and because Congress places strict numerical limits on the number of most family reunification-based immigrants, the waiting lines grow exponentially. In fairness to other nations with fewer emigrants, Congress created country-by-country limits (de facto quotas.) Those limits have become unmanageable under the first-come, first-served system. The most-backed up is the processing of siblings of Americans from the Philippines. That process is only now taking those applications (“priority date”) first filed in 1994. Applicants literally die waiting for their turn. Others see the long wait and jump the line, entering the U.S. illegally.

How many people are we talking about? For all of the family unification immigrant visas, in 2017, about 466,585 people, out of a total immigrant pool of 559,536.
That left 23,814 visas for people who immigrated to the U.S. based solely on their skills, education, and talent — merit. So out of more than half a million souls, only 23,814 were admitted based on what they bring to the U.S. Everyone else can be a butcher, a baker, a candlestick maker, or, randomly, a rocket scientist.

The core problem with the family reunification system is the primary qualification to legally immigrate is simply that family tie; are you the sibling of an American? Welcome. So America gets the drunk brothers alongside the physicist sister. It’s a crap shoot. There is no connection to America’s economic needs. The family reunification system is a 19th-century legal hangover.

It actually is worse than just the numbers when it comes to seeking the best and brightest from around the world. Of the 20,000 some merit based immigrants, in 2017 almost 7,000 of them were designated only as “skilled,” meaning they had only two years of training or work experience, and did not require a college degree. There are even a handful of merit-based visas reserved for unskilled workers.

More? Merit-based immigration is largely based on first-come, first-serve grappling for those limited spaces. There is nothing in the system to prioritize a scientist working on something critical to the U.S. versus someone educated but in a field already overcrowded. It all depends on who files the paperwork first.

The American family unification system, with its small number of merit-based visas tagging along, is near unique in the industrialized world. Britain, Canada, Australia, and New Zealand use primarily a merit system based on “points.” Based on national needs, an applicant with no relatives in Canada will accrue points based on education (Canada awards 25 points for a Master’s, only five for a high school diploma), language ability (24 points toward immigration up north if you are fluent in English and French), and job skills. But you may not need a master’s in computer technology, for Canada: they’ll take you if you’re a rocket scientist, but they’ll also take you if you are a tar sands miner willing to live five years in the unsettled west. Think you’re good enough for Canada? Start the points process here.

The present system fails so badly that it remains a statiscal miracle any good comes out of it at all. The small number of merit-based immigrants are untethered to America’s economic needs, and the family-based system is backlogged. How can the U.S. bring it’s immigration system into the 21st century?

Step one is an emotional reckoning. We all know your grandfather came here with nothing and built his American Dream; mine, too. We also know many people rightly fear their jobs are endangered by immigration. It is time for America to move past the falsehoods and full-on hate that drives too much of the conversation. Same for the myths that largely unfettered immigration is so enshrined in the American story as to be untouchable.

America must then move away from its over-emphasis on family-based immigration. Eliminate certain categories, or more sharply limit them. Then, remake the current merit system into a points system directly tied to economic needs. Need more electrical engineers than web developers? Prioritize. Change the priorities as needed, and move resources from the family-based side to the points side so that cases are processed fast enough that demand and supply match up. There are various proposals long these lines being put forth by Republicans in Congress that don’t cut immigration, just change it.
It is hard to see why this seems so complicated. If the U.S. can draw the global best and brightest instead of hoping someone’s brother falls into the slot, why wouldn’t we want to do that?

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

The US: A Nation Of Immigrants With a Bad Immigration Policy

August 2, 2017 // 7 Comments »

 immigration good for the United States? Mostly yes, but sometimes no. But that’s the wrong question to ask, so try this one: is the policy, law, and regulation of immigration haphazard at best and clearly not serving the nation’s needs? Absolutely.

That America is a nation of immigrants is far from a trope; no other nation on earth has been so formed by immigration, from its national myths to the hard core realization of its industrial revolution to its current draw of immigrants, from the most highly-skilled to the most unskilled, from around the globe.

At the same time, no other nation so intertwined with immigration has as ambivalent attitude toward it as expressed through law and policy, and no other nation whose economy is intimately tied to immigration has a set of laws so seemingly divorced from that. America, at best, jerks forward and backward on immigration issues based on often largely uninformed thought, at times racist emotion and good old political pandering.

Let’s take a deep dive into the way American immigration currently works, its benefits and pitfalls, and what might be done to maximize those benefits and avoid the worst of the pitfalls.

What is the State of Immigration Today?

Immigrants are those seeking, legally or not, to live permanently in the U.S. There are also non-immigrants, persons such as temporary workers (from the unauthorized agricultural worker to the skilled H1-B programmer), as well as students, and the like.

But nothing seems to dominate the American political mind more than undocumented immigration (or maybe terrorism, but even that is often conflated with immigration issues.) From Candidate Trump planning to build a wall on the Mexican border, to Candidate Clinton offering various legislative schemes to immigration-savvy Hispanic voters, the topic is very much a part of the American conversation.

Conservatives seize on every violent crime report that features an undocumented immigrant perpetrator, while liberals point to immigration’s economic benefits and the humanitarian aspects of united families. Pretty much everyone chokes up to see new immigrants become citizens in front of the flag.

Under the current way, immigration works in America, people arrive via three main streams: undocumented immigrants, legal immigrants joining family members, and legal skilled workers. The latter two categories are also known as Green Card holders, or Legal Permanent Residents (LPRs). Most will upgrade to full-on U.S. citizens. There are also those who immigrate by winning the visa lottery, refugees, legal semi-skilled workers, and other niche sub-categories.

Let’s take a look at each of the three main streams delivering immigrants to the United States.

Undocumented Immigrants in the United States

A huge hole in any discussion of undocumented immigrants is no one knows how many of them there are. Intelligent estimates range from 11-20 million, quite a spread, especially given the very vague math behind the accounting. And even the low estimates seem, well, high. Between 1880 and 1930, the magical Ellis Island period of nearly unfettered immigration into the U.S., the total intake over 50 years was 27 million people.

The walk-ins, mostly Mexicans, make up about half of America’s undocumented immigrants. Something like 40% of soon-to-be undocumented immigrants in the U.S. enter legally, on tourist and student visas, and then simply stay. But the lack of any comprehensiveness tracking system means nobody can be too sure.

And because the group is indeed undocumented, who they are is also unknown. How many will work at all, how many will take low-level jobs and how many will move into well-paid positions and possibly seek legal status at some point is tough to sort out. In Florida, a neat number are older Brits settled into the sunny retirement communities there. Undocumented people self-select to come to the U.S., and so there is no sorting out of things, no connection to America’s economic and job needs.

Keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to family reunification-based immigration.

Family-Based Immigration to the United States

The second stream of immigrants into the United States are persons legally entering under America’s family reunification laws; the process accounts for about two-thirds or more of all lawful immigration to the U.S. every year. American citizens and Legal Permanent Residents can apply to bring their relatives to the U.S., to include in one way or another (the categories can be complicated) foreign spouses, unmarried children, parents, adopted children, fiancées of American citizens, married sons, married daughters, and brothers and sisters of adult U.S. citizens.

Family reunification has long been the cornerstone of American immigration policy. Many early immigrants to America, particularly those fleeing religious or political persecution in their homelands, migrated as families. In subsequent centuries, a head of household often came first to the new land and later sent for his family. Prior to 1965, when the current family reunification law was first codified, the timeliness of family reunification in the U.S. depended almost entirely on how long it took for this first family member to secure a job and raise enough money for his spouse and children.

The family reunification system was and is still largely based on immigrants applying for other immigrants. Immigrants from countries that send a lot of people to the U.S. later bring more people from those same places in. Thus Mexico, the Philippines, China, India and the Dominican Republic dominate the current immigrant pool in a kind of statistical snowball.

But at least families can get together, right?

Wrong. Because of that snowball effect, and because Congress places numerical limits on the number of most family reunification-based immigrants, the waiting lines grow exponentially. Over the years Congress was pressed into creating country-by-country limits for the most robust sending nations. Those limits have become unmanageable under the first-come, first-served system. The most-backed up is the processing of siblings of American citizens from the Philippines. That process is now only taking those applications (“priority date”) first filed in 1992. Applicants literally pass away waiting for their turn.

The family reunification system, which once made sense in a growing nation anxious for workers of all kinds, now represents something of a 19th-century legal hangover. Because the only qualification is that family tie, America gets the loser drunk uncles alongside the brilliant sister physicists. It’s a crap shoot. There is no sorting out of things, no connection to America’s economic and job needs.

Now keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to skills-based immigration.

Highly Skilled Immigrants in the United States

Immigration based solely on skills is the smallest stream of legal entries into the United States. While some 140,000 persons enter yearly under this overall umbrella (by comparison, the U.S. admits about 70,000 refugees each year), only about half of those fall squarely under what can be considered highly-skilled categories (keep in mind we are discussing immigrant visas, Green Cards, that allow permanent residency and employment in the U.S., and not more well-known non-immigrant, temporary, visas such as the H1-B. There are, for example, some 700,000 H1-B visa holders in the United States at present, a guesstimated 20% of the IT workforce alone.)

Aside from the highly-skilled immigrants, employment-based immigration still for some reason retains a category for unskilled workers, another for those whose jobs require less than two years training, and one for those whose work only requires an undergraduate degree. Like all permanent working immigration, those categories are numerically limited by law (with additional limits for Chinese, Indian, Mexican and Philippine citizens.) While the numbers of un- or semi-skilled worker immigrants are small, that such categories exist at all in 2016 (priority date backlogs mean that cases currently being processing were first filed in 2003; what business can wait 13 years for an unskilled worker to arrive?) and in the face of large numbers of undocumented immigrants already in the U.S., explains much about the unfocused nature of America’s immigration policy.

The tighter numerical limits on some countries, especially China and India, are designed to make the system “fair” by leaving room for immigrants from other places, and have no connection to the higher standards of education, and thus presumably higher quality workers, there. So an especially gifted Chinese programmer must wait her turn to allow a mediocre photographer from Spain in first.

Across the spectrum of work-based immigration, almost no mind is paid to what skills the immigrants bring to the U.S. Unlike countries such as Canada and Australia that use “point based” systems to try and prioritize those with especially needed skills, the U.S. requires only that its work-based immigrants be skilled, at well, something. And then they get in line, first-come, first-served.

No need to add that line about no connection to America’s economic needs again, right? You get the picture by now.

Is Immigration Good for America?

The answer is pretty much a clear yes. Always has been. Easy to imagine it always will.

America’s 19th-century industrial revolution could not have happened without the influx of workers into the nation. Cities such as New York were built literally by hand by early Irish and Italian immigrants, who brought strong backs and ready skills in with them. Scandinavian immigrants settled the vast northern territories of the U.S., adapting their home agricultural techniques to cold lands most existing American farmers weren’t sure what to do with. Chinese immigrant labor built the great railroads of the West.

Do we really need another list of famous immigrants and their contributions? Albert Einstein, Joseph Pulitzer, Intel founder Andy Grove, Google creator Sergey Brin, Yahoo’s Jerry Yang, Secretaries of State Henry Kissinger and Madeleine Albright, along with Bruce Willis, Arnold Schwarzenegger, Neil Young, David Bowie, Tracey Ullman and Mario Andretti. Pick any field and you’ll find within it significant achievements by immigrants, and their sons and daughters.

Economic Benefits of Immigration

Immigration is infrastructure. Every person who brings his/her skills and labor contributes to the growth of the United States. Each of those persons who acquired his/her skills abroad did so at no cost to the U.S., and each of those people making a contribution inside America improves the nation’s competitive level at the expense of the losing country — the brain drain from one, the brain gain to the other. In a 21st century global economy, that represents a significant advantage to nations that understand infrastructure is much more than bricks and mortar. It’s brains.

Economically, immigrants broadly (many studies are unable or uninterested in parsing out who is undocumented and who is legal) represent a significant presence at nearly all strata of America society. Some 46 percent of immigrants work in traditionally white-collar positions. And while immigrants only make up 16 percent of the workforce in general, they make up over 20 percent of dental, nursing and health aides, and double-digit numbers of all software developers.

While immigrants on average initially make less than their native-born peers, in many communities all family members are expected to work and pool their incomes. The percentage of immigrants below the poverty line, at 20%, is only slightly higher than the national average of 16%. No data is available, however, as to how long immigrants remain below the poverty line, as compared to citizens.

Immigrants also show a greater entrepreneurial spirit than many native-born Americans. In a 2012 report, the Partnership for a New American Economy notes “over the last 15 years, while native-born Americans have become less likely to start a business, immigrants have steadily picked up the slack. Immigrants are now more than twice as likely as the native-born to start a business and were responsible for more than one in every four U.S. businesses founded in 2011, significantly outpacing their share of the population.”

Immigrant-owned businesses in the U.S. generate more than $775 billion in sales and pay out more than $126 billion in payroll each year. There are also hefty tax payments alongside all that money. One in every 10 workers at privately owned U.S. businesses works at an immigrant-owned company. Altogether, immigrant-owned businesses collectively created four million of the jobs that exist today in the United States. And much of that economic growth comes from exports, as immigrant-owned businesses are 60% more likely to export than non-immigrant businesses. Who better than a Guatemalan expat to sell U.S. goods in Guatemala? And of course, exports are a major plus for an economy, pulling foreign money in.

Immigrants and their children founded 40 percent of Fortune 500 companies, which collectively generated $4.2 trillion in revenue in 2010, more than the GDP than of every country in the world except the United States, China, and Japan. A little less than 20 percent of the newest Fortune 500 companies – those founded over the 25-year period between 1985 and 2010 – have an immigrant founder. Those whose concepts of immigration are based on images of fruit pickers think far too small.

Does Undocumented Immigrants Bring Economic Benefits?

Undocumented immigrants and the American payroll and tax system create an odd windfall for Social Security, paying an estimated $13 billion a year in social security taxes and only getting around $1 billion back, according to the chief actuary of the Social Security Administration (SSA).

As most undocumented workers who are not paid under the table lack legal Social Security numbers but still need to fill out tax forms for their employers, many/most use fake or expired social security numbers. The money comes out of their paychecks and is sent off to SSA, and is seen by the workers as a cost of their new life in America. As the social security numbers are bogus, no one comes calling to collect benefits on them and risk exposing the fraud. The SSA estimates unauthorized workers paid $100 billion into Social Security over the past decade.

Those same undocumented immigrants pay almost $12 billion in federal, state and local taxes. Tax contributions from ranged from less than $3.2 million in Montana with an estimated undocumented population of 6,000 to more than $3.2 billion in California with more than 3.1 million. It is one thing to cheat on immigration law, quite another to try and escape the tax man. Not convinced? Roll into any large immigrant neighbor in the Spring to see tax preparation services popping up alongside the small groceries and ethnic restaurants.

People paying taxes is good. Social Security can always use more money. New businesses are good for business. Jobs create jobs. Employed people spend money in their communities. Exports make America stronger.

If you’re still not sure about immigration, imagine some sort of immigration Rapture, right out of the television show The Leftovers, where one day every immigrant to the U.S. magically disappears. Look at the money above, and imagine the economy without it. Look at the jobs that would no longer exist or be created in the future, and impact on our health care system of the loss of workers, the children who would no longer be paying tuition at colleges, and the loss of cultural diversity. Any argument against immigration needs to begin by negating all of the above, in dollars and cents.

Indeed, if immigration to the U.S. did not exist, it would be necessary to (re)create it.

Is Immigration Bad for America?

Most arguments against immigration rely more on emotion than data, and always have.

Looking back into America’s past, each successive wave of immigrants was demonized by the preceding ones, or criticized with old world prejudices carried over along with the luggage. And so cheap Italian labor was going to take away jobs from people who a decade earlier were going to take away jobs from whomever got there first. Jews coming to America ran into anti-Semitism reminiscent of Eastern Europe, likely practiced by some of the same people from home who just had gotten on a earlier boat. During the World Wars German saboteurs were the scary boogie men jihadists of their day. None of these things makes for a very strong anti-immigration argument.

That said, immigration as it stands now in America, where the largest numbers of newcomers are undocumented people from Mexico and Central America, clearly does hold down wages and fill up the lowest level jobs. That large numbers of such immigrants are clustered in border states and cities like New York only adds to the problem, as the burden is not spread anywhere close to equally. To counter, however, critics point to the unanswerable question of how many of those jobs would be taken by Americans without a substantial increase in the minimum wage.

One area where wage suppression seems a clear concern is in the tech industry, where a Green Card is often offered as a form of compensation in lieu of a better salary. Many immigrants from the tech industry first arrive in the U.S. via temporary H1-B working visas. In return for accepting lower than market salaries, their companies sponsor them for permanent status. Once in possession of a Green Card, the worker may move on, to be replaced by a new H1-B person from abroad.

Immigrants, legal and otherwise, do send money “home” and always have, money that is pulled out of the host economy. Globally, India is the top recipient of such remittances at about $72.2 billion, followed by China with $63.9 billion and the Philippines at $29.7 billion. The money flow is so important to economies such as the Philippines that the government established the Philippine Overseas Employment Administration to manage the flow of workers out, and money back in. The World Bank estimates the real size of remittances is actually “significantly larger” than recorded as there are unrecorded flows through the formal and informal sectors.

Note that those are worldwide numbers, for all Indians working away from home all across the globe. The outflow directly from the United States is harder to establish, though Mexico, with the majority of its overseas workers in the U.S., receives $24 billion a year in such remittances. It is also difficult to know who is sending the money; the remittance businesses don’t ask if the sender is a citizen, a legal immigrant or undocumented.

No one can argue that large sums of money leaving the U.S. is a good thing, but one can also argue that money earned belongs to the worker to do with as s/he chooses. And of course many wealthy Americans export significant sums to avoid taxes or as investments, never mind American corporations who offshore their profits to bypass U.S. taxes.

Immigrants in general, and illegal immigrants specifically, do add to the costs of public education in the United States. The 1982 Supreme Court case Plyler v. Doe struck down a state statute denying funding for education to undocumented immigrant children and simultaneously struck down a municipal school district’s attempt to charge such children an annual $1,000 tuition fee to compensate for the lost state funding. The ruling made clear states can’t deny free public education to its children on the grounds of their immigration status. For communities where large numbers of immigrants arrive seasonally to do agricultural work, are paid under the table, and thus do not contribute in taxes, this can be a significant financial burden.

The collection of welfare, food stamps (now known as the Supplemental Nutritional Assistance Program, or SNAP) and other social programs by immigrants is a touch-point issue for persons opposed to immigration. One study showed the welfare payout to all immigrant-headed households, legal and illegal, was an average of $6,241, compared to the $4,431 received by a citizen households. Unexamined in that data are the questions of which of those benefits were earned, such as Medicaid, by working people, and which went to the American citizen children of immigrants. As citizens, those children are fully entitled to the same things offered to any American, no matter the status of their parents. The dollar amounts alone do not answer the question asked.

Food stamps are not available to non-U.S. citizens, with exceptions for some refugees, the disabled, the very old and the very young, what all but the most cynical would consider a humanitarian necessity. Critics, however, point to the easy availability of fake citizenship documentation and suggest persons not legally entitled to SNAP receive it anyway. Some no doubt do, but no one has any hard numbers on the problem.

Alongside the social benefits arguments, critics of immigration point to crimes committed by illegal immigrants. Statistics do not, however, support this argument per se, but the money side of the issue does sting.

According to Department of Justice, some 14 percent of federal prison inmates are illegal immigrants, though many locked up only for immigration violations. In state prisons, illegal immigrants account for less than five percent of all inmates. Some argue that without illegal immigrants present in the U.S., none of those crimes would have been committed at all, and none of the prison costs would have been paid. A study done in 2010 estimated administration of justice costs at the federal level related to criminal immigrants at $7.8 billion annually. The comparable cost to state and local governments was $8.7 billion.

Lastly, any accounting of the burden immigrants place on American society should include the $18 billion spent annually by the federal government on immigration enforcement.

The State of Immigration in Other Countries

Comparing immigration among various countries is very difficult, as policy is deeply tied to each nation’s history and culture. What works in one country has no business in another, and it is hard to find a place where immigration plays anywhere near the role it does in the United States.

That said, Old Europe may offer some lessons in how to get thing mostly wrong. Old prejudices and young idealism seem to control views on immigration, and centuries of homogeneity, driven by established culture, language and stable borders, make assimilation tough. Few economies are expanding beyond the professionals produced domestically anyway, and much of the true immigration debate is tangled up in lurching refugee policies, themselves often driven by outside forces, such as American pressure to “deal with” the Syrian crisis.

Japan is an especially egregious example of dysfunctional immigration policy, essentially one of no legal immigration at all. Despite declining birthrates and soaring numbers of the elderly such that the country is experiencing a shortage of workers, prejudice toward outsiders dating back hundreds of years or more stops discussion of an obvious solution: bring in new blood from abroad. Instead, Japan delays some obviously approaching day of reckoning with the idea that robots will fill in the labor gap.

Another interesting case is China. With an expanding economy, China has first looked internally to its large population. As high tech needs grow, the nation has essentially created a hybrid class of immigrants, Chinese educated abroad who are convinced to leave jobs in the U.S. and Europe to return home. While not immigrants per se, these Chinese bring a mix of foreign education and diversity typically only available through traditional immigration. Plus there are little-to-no assimilation issues. India has similar options available.

Overall, while terms like “good” and “bad” can be seen as relative, as best we can tell, the benefits of immigration to the United States outweigh any negatives. Add them up yourself.

The “Hypothetical Immigration” Reform

Immigration per se is hard to argue against. The preponderance of evidence over decades points to the nation-changing economic, cultural and social benefits gained by the United States. Any costs must be calculated, as in any business situation, against the benefits.

While immigration itself is hard to rationally argue against, it is equally hard to argue against the need to reform immigration policy (some might say “create a policy” instead of accepting the de facto one that has evolved on its own.)

If the goal is to enhance the benefits to the U.S. of immigration while lowering the costs, the present system fails so badly that it remains a miracle that any good comes out of it at all. The working/skills based immigrants are untethered to America’s economic needs, the family-based system is backlogged and make little sense in the 21st century, and no one even knows how many undocumented immigrants are in the U.S. or what they are doing.

So What Do We Do To Fix Immigration in the US? 

Anyone, candidate for office or otherwise, who tells you s/he has pat solutions to America’s immigration situation is lying, misinformed or simply pushing some political position. And yes, yes, any proposed change will be difficult, costly, time-consuming, impossible to get through Congress (the last comprehensive immigration reform, absent all the security-related legislation post-9/11, took place in 1986). So, if it is easier to swallow, think of the following as a kind of thought experiment, a pie-in-the-sky wish list.

Here are some ways things that might change.

– America must move away from its over-emphasis on family-based immigration, especially for categories such as siblings and adult children that are so backed up as to be meaningless. The system may have been the right thing at the right time in the 19th and early 20th centuries, but it is long past its over-due date here in the 21st.

– Whatever the current work/skills immigration system is based on, it should be remade into a points system directly tied to American economic needs. Skills needed in the economy should be assigned points to be matched up with applicants. Need electrical engineers more than web developers? Prioritize. Change the priorities as often as needed, and move resources from the family-based side to the skills side so that cases are processed fast enough that demand and supply match up. Adjust the intake so as not to disadvantage existing workers.

– Better data. How can one work on a problem that is not actually understood? How many undocumented immigrants are there, where do they come from, what do they do when they are here, how much do they pay in taxes and Social Security, and how much do they draw out via social programs? In addition to the big unknowns, in nearly every instance where “facts” are available, data that supports immigration comes from pro-immigration groups’ research, and the opposite for “negative” information. Fully objective data is nearly impossible to find, and parsing out all of the statistical anomalies and bad scholarship is very difficult.

– Reform immigration record keeping. One under-discussed problem in collecting data on undocumented immigrants is the determination of who is and is not “illegal.” U.S. immigration law takes up more shelf space than federal income tax law, and in many ways is more complex. For example, if you were stopped and told to prove your citizenship by a police officer, exactly how would you do that? The only iron-clad documents that prove citizenship are a U.S. passport or travel card, a Certificate of Naturalization, or a bona fide U.S. birth certificate. Few people carry those around, and fewer law enforcement personnel can tell a real one from a good fake. There is no national database of citizens and Americans resist a national ID card in favor of a pastiche of driver’s licenses and ragged cardboard Social Security cards. Green Cards are issued for life, and some old timers have one with a photo of their twenty-five-year-old self on it.

As another example, student visas are valid for the period of time the bearer remains in full-time education. In theory, assuming no departures from the U.S., a teenager could be legally given a student visa for four years of high school, that she used for another four years of undergraduate education, followed by three years of grad school, followed by a work-study period of employment, followed by a 90-day grace period until required departure. It is all legal, but sorting that out roadside is near impossible.

– Trump’s hyperbole aside, America does need some sort of effective border control. It is clear that large numbers of people are able to simply walk in. That “policy” is no policy.

The State Department issued some 12 million non-immigrant visas (student, tourist) in 2015. Most visas are valid for five years, meaning there are some 60 million of them out there at any one time. In addition, citizens of 38 countries, such as Canada, Japan and Britain, can enter the U.S. for tourism or business without visas.

Altogether, as an example, during 2011 alone, there were 159 million non-immigrant admissions to the United States, visa and visa-free. No one knows where they are. Presumably most returned home, but, since the United States stands alone among industrialized nations (travelers in the Schengen zone are an exception) in having no outbound/exit immigration control, no one knows. Various programs are in evolution, but almost all involve the airlines gathering data when people fly, instead of making an inherently governmental process the business of the government.

Student visa holders are only tracked by their schools, who report to the Department of Homeland Security. As one can imagine, Harvard and Ohio State take this job seriously, the Podunk School of Cosmetology less so.

– If, and only if, all that gets done, an amnesty to reset things seems justified, and will allow the U.S. to better judge the status of its reformed immigration policies.

– Finally, outside of legislation and regulation, it is time for America to move past the angry falsehoods and full-on hate that drives too much of the conversation on immigration. Same for the myths that immigration is so enshrined in the American story as to be untouchable. The questions to answer and the problems to solve are with us. We need to get down to it.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

Posted in Biden, Democracy

Ten Things the Media Will Get Wrong About Trump’s New Executive Order on Immigration

March 9, 2017 // 18 Comments »

As Trump issues a revised Executive Order on immigration, the media is almost certain to get many things wrong in its reporting; they did with the earlier order in late January. After 24 years of doing visa and immigration work for the Department of State,

Short version: most of what people will be very upset about this week has been U.S. policy for some time and is actually unrelated to the Trump Executive Order.

1. The Executive Order (EO) is invalid because the United States cannot discriminate based on national origin.

False. 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful only to ban immigrants (Legal Permanent Residents, green card holders) because of “nationality, place of birth, or place of residence.” The law however is silent on banning non-immigrants such as tourists or students, as well as refugees, for those same reasons. Including green card holders was one of the major errors committed by Trump in the January EO. The new EO excludes them.

2. The six countries affected by the new EO are being unfairly singled out. There’s no evidence the nationals from those countries pose any threat.

The countries affected by Trump’s executive order – Iran, Libya, Somalia, Sudan, Syria, and Yemen – have been singled out under American immigration law since the days following 9/11.

For example, the six are included in a 2015 law signed by President Obama, 8 U.S.C. 1187(a)(12). The list thus has nothing to do with any of Trump’s business interests. He did not create it, nor is he the first American president to omit Saudi Arabia from post-9/11 scrutiny. That 2015 list, part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to foreigners who even once visited the targeted nations. So, for example, British citizens otherwise eligible to enter the United States without a visa must instead appear for questioning and be individually approved for an actual printed visa in their passport at an American embassy or consulate abroad.

The six countries are also included in a special vetting process in place since the George W. Bush administration, continued under Barack Obama, and still operating today. Simply called “administrative processing,” people from these nations and others go through an alternate visa procedure that delays their travel as they wait to be vetted by various intelligence agencies. Some applications are left to pend indefinitely as a way to say no without formally saying no in a way that invites challenge.

Lastly, three of the six nations included under Trump’s EO — Iran, Sudan, and Syria — have been designated for years by the State Department as state sponsors of terrorism.

As for the numbers, in FY2015, 27,751 tourist visas were issued to Iranians, Sudan 3,647, Syria 8,419, Libya 1,374, Somalia 185 and Yemen 3007. All of those people may still travel under the new EO, but the number are illustrative of the relatively small scale of the EO; in that same year, the United States issued almost 11 million visas worldwide.

3. But some people with valid visas are being refused entry into the U.S.

Yes, and they always have, long before Trump. Unlike many nations, the U.S. uses a two-tiered system for immigration. Visas are issued abroad by the Department of State, and represent only permission to apply to the Department of Homeland Security, Customs and Border Protection (CBP) at a U.S. entry port for admission. A traveler can have a valid visa and for a variety of reasons still be denied entry into the U.S.

4. Travelers have other rights that are being denied.

Foreign persons outside the United States are not protected by the Constitution. U.S. courts have also ruled continuously over time that decisions to issue or refuse visas abroad are not subject to judicial review.

Non-citizens without green cards generally do not have the right to an attorney at an airport, except if questions relate to something other than immigration status, such as certain types of criminal charges. Non-citizens can generally be temporarily detained without formal due process. In most cases the government maintains until admitted to the U.S. by CBP, a traveler is actually not “in” the U.S. with the full range of legal protections. Nothing new here specific to the Trump EO.

5. They’re deporting foreigners without due process.

Again, nothing new and unrelated to Trump’s EO. In most cases only an immigration judge can order a deportation. But if the foreign traveler waives their rights by signing something called a “Stipulated Removal Order,” or takes “voluntary departure,” agreeing to leave the country, they could be deported without a hearing. Some people choose to give up their green cards voluntarily at the airport for a variety of reasons by signing a form I-407. There are both good reasons and bad reasons for signing such documents.

That said, most people who aren’t allowed into the U.S. at the airport are not actually deported. They are removed, or denied entry. The words have specific legal meanings and trigger different levels of rights. Standard denials of entry are considered administrative actions and do not typically allow for court appearances or lawyers.

6. A traveler was denied boarding by the airline when they tried to leave a foreign country. Do the airlines enforce American law now?

Sort of. Airlines are responsible for the passengers they board. If a passenger is denied entry into the U.S. for any reason, the airline typically faces the costs of returning the passenger to a country abroad. So if someone from Syria is boarded by Lufthansa in Frankfurt and refused entry to the U.S. in Boston, Lufthansa can be held financially responsible. So, it is in the airlines’ best interests to follow U.S. immigration law.

This system is not new with Trump’s EO, though the EO does establish new criteria for the airlines to follow.

7. CBP is denying American citizens entry into the U.S.

Very, very unlikely. Absent some extremely rare and technical issues, or cases where a traveler is misidentified, American citizens are entitled to enter the United States. A person with a U.S. passport is an American citizen for the purposes of entry, even if they hold a passport from another country. Green card holders are not American citizens and remain citizens of their home country. American citizens have always been subject to questioning, temporary detention, and search when entering the U.S. CBP is authorized to conduct searches and detention in accordance with 8 U.S.C. § 1357 and 19 U.S.C. §§ 1499, 1581, 1582.

8. CBP asked a traveler about their religion, or said they were detained because they were a Muslim, or…

Anything is possible, but not everything is likely. Actions cannot be taken based on religion, though CBP has always had procedures that allow them to have a traveler remove their head covering. Most airport interactions are under surveillance. CBP officials wear badges with numbers. Asking about religion is potentially grounds for job dismissal, even a civil rights suit. Wrong things do happen, but one should be skeptical about how often it is claimed to have happened. Persons can be asked where they came from (i.e., Sudan.) Human error, or a bad CBP person of course exist, but are in isolation not signs that the “gloves have come off” or that their one-off actions are signs of impending fascism.

9. I Googled this and…

Stop. There’s a reason people go to law school. Legal practice at the border is complicated; immigration law is as complex as tax law, and based on a tangle of regulations, practices, court cases, administrative rulings, and the like. Even experienced immigration lawyers differ with one another on how some things work. Other parts of the process are subject to the judgment of CBP officials. Almost anything can be challenged in court, and courts overturn old laws from time to time. So be careful when pronouncing something “unconstitutional” based largely on a Google search, or quoting one lawyer with a client in trouble, or confusing the filing of a lawsuit, or even a temporary stay by a court, as proof of the point you’re trying to make.

10. Trump can’t do this.

The answer to this question will take a lot of legal testing to resolve. Generally, however, the Supreme Court acknowledges immigration law’s “plenary power” doctrine, leaving most discretionary decisions in the hands of the executive branch. Legal victories over the original Trump EO were only stays of actions inside American borders, and complied with by the Department of Homeland Security on an exceptional “national interest” basis, not a policy one.

Yet while precedent seems to favor the administration, there are a lot of issues and a very complex body of law in play with this EO. In particular how/if the First Amendment’s guarantees of freedom of religion apply is in contention. Anyone who claims this is simple on any side of the argument is misinformed. However, what is simple is that this is not a constitutional crisis. Tension between the power of executive orders and the power of Congress/the courts is nothing new, and in fact is the cornerstone of the Constitution’s system of checks and balances.

The opinions here are solely those of the author and do not reflect the views of the Department of State. This is not legal advice. Consult an immigration lawyer before making any immigration, travel or legal decision.

Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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