Week of July 14–20, 2024

Immigrants play a critical but often overlooked role in the U.S. healthcare system. Currently, one in five physicians are immigrants, and in specialties like geriatric medicine and nephrology, they account for 50% of active doctors. In rural areas, immigrant doctors are often the only primary care providers. Immigrant nurses make up 16% of the workforce, with Filipino nurses representing 4% of registered nurses but tragically accounting for 25% of COVID-related deaths in this profession.

Beyond doctors and nurses, immigrants form 25% of the health aid workforce, providing essential care for aging and homebound individuals. As Baby Boomers and Gen X age, filling these physically demanding roles will become increasingly difficult without immigrants. Hospitals also rely on immigrants for essential roles such as cleaning, nutrition services, and interpretation, with 3.56 million immigrants employed in healthcare and social assistance in 2021.

Despite their vital contributions, the U.S. immigration system remains inflexible, making it difficult for healthcare professionals to secure green cards. The current immigration quotas, unchanged since 1991, do not meet the staffing needs of the healthcare industry, particularly in underserved communities. Urgent immigration reform is needed to address these challenges, ensure the retention of skilled professionals, and support the nation's healthcare system.

The Congressional Budget Office (CBO) recently raised its projections for U.S. net immigration, primarily due to an increase in undocumented migrants. These revisions suggest 3.3 million net immigrants for both 2023 and 2024, significantly higher than previous estimates. Most of this increase comes from undocumented migrants, marking a sharp rise compared to pre-pandemic immigration trends.

Analysis of this data shows that immigration has eased labor market tightness, particularly through the job vacancy-to-unemployment (V–U) ratio. Migrants are entering the workforce and filling job vacancies, though some remain unemployed as they transition into the labor force. This dynamic reduces vacancies while increasing unemployment, which balances the labor market.

The CBO’s methodology reveals that the U.S. has undercounted the recent surge in undocumented immigration, largely due to the Census Bureau’s limitations in tracking this group. Since 2022, more than 3 million undocumented migrants entered the U.S., contributing to over 70% of recent net international migration.

This influx of migrants, especially in states like Texas, California, and Florida, has eased regional labor market tightness. Estimates show that about one-fifth of the reduction in the V–U ratio in 2023 can be attributed to this increase in immigration. As more migrants gain work authorization, further declines in labor market tightness are expected throughout 2024.

Oklahoma Attorney General Gentner Drummond has appealed a federal court's decision to halt the state’s controversial immigration law, House Bill 4156. The law, currently blocked pending a legal challenge, aims to address criminal activity by undocumented immigrants. It creates the crime of “impermissible occupation” for anyone who enters Oklahoma without legal U.S. authorization. The first offense would be a misdemeanor, punishable by up to a year in jail and a $500 fine, with the requirement to leave the state within 72 hours. A second offense would escalate to a felony, carrying up to two years in prison and a $1,000 fine.

Opponents argue the state is overstepping its authority, as immigration regulation is a federal responsibility. They claim the law violates the U.S. Constitution's Supremacy Clause. The federal government, alongside individuals and advocacy groups, has sued to block the law, leading to the lawsuits being consolidated in the U.S. District Court for the Western District of Oklahoma. Drummond has taken the case to the U.S. Tenth Circuit Court of Appeals in Denver, seeking to reinstate the law.

The upcoming U.S. presidential election places immigration, refugees, and asylum at the forefront of political discourse. Both Republicans and Democrats have adopted tough stances on immigration, with many Americans expressing concerns over rising immigration levels. A recent Gallup poll showed that 55% of Americans want to reduce immigration, reflecting growing public unease.

HIAS, an organization that has supported refugees and asylum seekers for over a century, seeks to dispel myths surrounding immigration. Key facts include that seeking asylum is legal under U.S. and international law, but it remains a difficult process due to systemic obstacles. Asylum seekers often face legal challenges and have low approval rates, with only 37% of claims granted in 2021. Despite these hurdles, asylum seekers contribute significantly to the U.S. economy, with refugees adding $124 billion between 2005 and 2019.

Contrary to claims from anti-immigrant politicians, asylum seekers and undocumented immigrants are statistically less likely to commit crimes. Despite the broken state of the asylum system, HIAS argues that real solutions are possible with political will and increased federal support. Local communities have shown a strong willingness to help, but they need more resources to support asylum seekers effectively.

At the Republican National Convention, signs like "Stop Biden’s Border Bloodbath" reflect the party’s emphasis on immigration as a key issue, second only to inflation for GOP voters. Sen. Ted Cruz claimed, without evidence, that illegal immigrants are responsible for violent crimes, echoing a theme of former President Trump’s political platform.

Republican delegates expressed concerns about safety, border security, and pathways to citizenship. Wisconsin delegate Chris Slinker advocated for legal immigration and better support for migrants, while Texas delegate Jaci Lopez shared stories of immigrants suffering in dangerous conditions, calling it "inhumane."

Despite efforts, major immigration reform has stalled in Washington, with a bipartisan bill blocked earlier this year. President Biden recently introduced a policy offering a path to citizenship for some undocumented immigrants married to U.S. citizens. Florida delegate Cindy Spray supported a faster pathway for long-term, law-abiding immigrants.

Public concern about crime linked to illegal immigration is growing, though evidence suggests immigrants do not commit crimes at higher rates than U.S.-born citizens. Georgia delegate Debbie McCord pointed to the case of a Venezuelan man accused of killing a student, fueling calls for stricter border security.

Polls indicate that many Americans view Republicans, particularly Trump, as better suited to handle immigration issues than Democrats.

At the second night of the Republican National Convention in Milwaukee, former President Donald Trump spotlighted illegal immigration, a central theme of his campaign. A dramatic video showing chaos at the U.S.-Mexico border led to a speech by Senator Ted Cruz, who declared, “We are facing an invasion on our southern border.”

The video narrator claimed President Biden made a grave mistake by encouraging illegal immigration. It played a 2019 debate clip of Biden saying, “I would, in fact, make sure that there is — we immediately surge to the border.” However, the context was missing. Biden was addressing asylum seekers, emphasizing the need for humanitarian treatment and hearing their cases. In response to increased border crossings, Biden has since sent law enforcement to manage the migrant influx.

Another claim in the video accused Biden’s policies of contributing to the fentanyl crisis, stating 300,000 Americans have died from fentanyl smuggled through a “wide-open border.” While most fentanyl does come from Mexico, 86.4% of trafficking crimes in the past year were committed by U.S. citizens, according to the U.S. Sentencing Commission. This statistic challenges the claim that Biden's border policies are solely to blame for the fentanyl crisis.

The video selectively edited and exaggerated details to present a skewed portrayal of Biden’s immigration policies.

Washington Democratic Reps. Pramila Jayapal and Adam Smith have urged the Department of Homeland Security to close all for-profit immigration detention centers, citing health and safety concerns. This call follows a request by Sen. Patty Murray for a federal audit of healthcare services at Tacoma's Northwest ICE Processing Center, a facility run by private contractor GEO Group. Jayapal and Smith expressed alarm over Immigration and Customs Enforcement's (ICE) plans to expand detention, despite the closure of a Texas facility.

The representatives highlighted a report from Physicians for Human Rights, which found that 95% of deaths in ICE custody from 2017 to 2021 were preventable, with most occurring in privately-run facilities. The Tacoma center has faced similar allegations of abuse, including solitary confinement, forced labor, and medical neglect. In March, a detainee's death in solitary confinement at the facility prompted demands for a federal investigation.

Jayapal and Smith emphasized that ICE detention should be civil, not punitive, but detainees in privately-run centers face harsh conditions. While President Biden signed an executive order in 2021 to reduce private federal prisons, no such order was issued for immigration centers. Currently, 91% of detainees are held in privately-operated facilities.

Jayapal and Smith are co-sponsors of the Dignity for Detained Immigrants Act, which seeks increased oversight of detention centers, though it has stalled in Congress. GEO Group denies allegations of mistreatment, defending its role in supporting ICE.

The War on Immigrants Inside the US War on Drugs

The war on drugs, as initiated by the Nixon administration, disproportionately targeted Black and immigrant communities. Nixon's aide, John Ehrlichman, admitted that the administration criminalized drugs to disrupt antiwar and Black communities. Decades later, these policies continue to have devastating consequences, especially for immigrants like Natalie Burke, a Black woman from Jamaica.

Despite Arizona legalizing marijuana, Natalie, who was convicted of marijuana-related charges 20 years ago, faces deportation. Although she was pardoned by Arizona’s governor, her prior conviction continues to impact her immigration status. She has spent years fighting deportation, despite building a life in the U.S., earning advanced degrees, and raising a son.

Natalie’s story highlights a broader issue: while U.S. drug laws have evolved, immigration policies remain harsh. Immigrants convicted of minor drug offenses, often for activities that are no longer illegal, face prolonged detention and deportation. Over 500,000 people have been deported for drug-related offenses since 2002, with immigrants disproportionately affected by drug laws compared to U.S. citizens.

Although some drug reforms exist, they rarely benefit non-citizens due to the strict nature of federal immigration laws. The failure to align drug and immigration policies perpetuates injustice for countless immigrants caught in the war on drugs.

The Elisabeth Haub School of Law at Pace University has appointed Amelia Wilson as a tenure-track Assistant Professor of Law and Director of the Immigration Justice Clinic (IJC). In this role, Wilson will oversee clinical teaching and the IJC, which provides free legal representation to immigrants through John Jay Legal Services. Prior to this, Wilson was an Assistant Clinical Professor at Seton Hall’s Immigrants' Rights/International Human Rights Clinic. She brings years of experience, having worked at Columbia Law School’s Immigrants’ Rights Clinic and practiced immigration law since 2005.

Wilson specializes in representing noncitizens with mental health disabilities and focuses her research on safeguarding due process rights. She has also contributed to developing the Department of Justice's first government-funded legal counsel system for immigrants. Wilson holds a JD from the University of Minnesota Law School.

Elisabeth Haub School of Law Dean Horace E. Anderson Jr. expressed enthusiasm for Wilson’s appointment, highlighting her deep expertise in immigration law and its benefit to students. The IJC, founded in 2004 by the late Professor Vanessa Merton, has provided extensive legal services to noncitizens and prepared students for careers in immigration law. Under Wilson’s leadership, the clinic will continue its legacy of service and education, offering students hands-on experience in immigration courts and legislative advocacy.

In the second half of 2024, the Biden administration aims to finalize significant changes to employment-based immigration. Key reforms include an overhaul of the H-1B visa program, updates to the H-2A and H-2B seasonal worker programs, and an expansion of the Schedule A list, which exempts certain occupations from the PERM labor certification process.

The H-1B final rule, expected in December, will revise educational eligibility criteria and fraud prevention measures, among other changes. Notably, it seeks to modify the definition of "specialty occupation," a central standard for H-1B approval. However, immigration experts remain uncertain about how the updated language will affect employers and workers.

In November, the Department of Homeland Security (DHS) will introduce new protections for H-2A and H-2B workers, including whistleblower safeguards and provisions allowing workers to maintain H-2 status while seeking green cards.

Meanwhile, the Department of Labor (DOL) plans to expand the Schedule A list of occupations exempt from labor certification, potentially including artificial intelligence (AI) and other STEM-related fields.

Other 2024 initiatives include improving the adjustment-of-status process and extending work authorization for certain employment authorization document (EAD) applicants. Looking ahead, further changes in 2025 will address temporary worker regulations, including fees and employment flexibility for dependents of visa holders.

The ongoing border crisis has shifted U.S. public opinion against immigration, with 55% of Americans now favoring reduced immigration, a 14-point increase from the previous year, according to Gallup. This reflects concerns over the government's failure to manage illegal immigration. Decades ago, immigration expert Barbara Jordan predicted that Americans would turn against lawful immigration if illegal immigration went unchecked. That prediction is playing out today.

Three key events have heightened public awareness of the border crisis. First, Texas Governor Greg Abbott's program of busing migrants to major cities made the issue visible nationwide. Second, the impeachment of DHS Secretary Alejandro Mayorkas in 2024 forced the media to address border issues. Third, the so-called "bipartisan Senate border bill," which failed to address the root causes of the crisis, brought attention to the administration’s ineffective policies.

The Biden administration’s shift in immigration policy, focusing on equity for illegal migrants rather than the national interest, has worsened the situation. Jordan argued that a nation must prioritize its national interest when managing immigration, warning that failing to do so would erode public trust in immigration policies. Current polling data confirms her fears, as Americans increasingly view immigration as a major issue, placing it ahead of even the economy and inflation. The administration’s stance, which prioritizes migrants over national interests, is contributing to the growing opposition to immigration itself.

CalMatters, a nonprofit newsroom, highlights the rise of labor activism within California’s private immigration detention centers, specifically Mesa Verde and Golden State Annex, operated by The GEO Group. Detainees, not employees, have been leading protests over poor living conditions and wages, working for as little as $1 a day cleaning and providing services. The second labor and hunger strike in two years emerged in response to these concerns.

In 2022, California workplace safety regulators inspected the Golden State Annex facility, issuing a citation for violations related to COVID-19 protocols. This case is significant as it marks one of the first times the state has applied labor rights protections to detainees, treating them as employees under state safety regulations. California's Division of Occupational Safety and Health (Cal/OSHA) even requested the U.S. Department of Homeland Security delay deportations of seven detainees involved in the case to assist with the ongoing investigation.

The GEO Group has resisted these actions, denying that detainees are employees and contesting the citation. Advocacy groups continue to challenge the legality of the detainees’ work conditions, pushing for greater oversight and protections in private detention centers. As this unfolds, California grapples with expanding labor rights to incarcerated and detained populations, testing the limits of state and federal authority over private detention practices.

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The COVID-19 pandemic highlighted pre-existing labor shortages in the U.S. agricultural sector, which relies heavily on immigrant farmworkers. As essential workers, immigrant farm laborers continued to enter the U.S. during the pandemic, emphasizing their critical role in maintaining food production. This paper examines the importance of immigrant labor in agriculture, focusing on the H-2A and TN visa programs, and the challenges the industry faces, such as labor shortages and wage gaps.

The agricultural sector has struggled with labor shortages for decades, exacerbated by physically demanding, low-prestige jobs, and a lack of domestic workers interested in agricultural work, even with rising wages. Immigrants, both documented and undocumented, have become essential to the industry, particularly in labor-intensive sectors like fruits, vegetables, and livestock. Mechanization remains underdeveloped, further increasing the demand for human labor.

The declining number of migrant workers, driven by stricter immigration enforcement and better economic opportunities in Mexico, has worsened the shortage. Undocumented workers, who make up about 40% of the agricultural labor force, face wage penalties and job instability. Legalization often enables them to leave agriculture for better opportunities. Despite ongoing discussions, there has been little immigration reform since the 1986 Immigration Reform and Control Act. The paper underscores the need for policy changes to ensure the sustainability of the U.S. agricultural sector.

Arrests for illegal border crossings between the U.S. and Mexico dropped by 29% in June, reaching the lowest level of Joe Biden's presidency, with 83,536 arrests compared to 117,901 in May. This decline followed the implementation of a temporary rule suspending asylum claims.

Immigration was a key theme at the Republican National Convention, where speakers emphasized former President Donald Trump's border policies.

The Department of Justice has accused Southwest Key, the largest housing provider for unaccompanied migrant children, of sexual abuse and harassment of children in its care. The abuse allegedly occurred over eight years, with at least two employees charged since 2020.

The U.S. has pledged an additional $203 million to aid Sudanese civilians affected by war, with nearly 25 million people in need of assistance.

Internationally, at least 40 migrants died in a boat fire off Haiti's northern coast, and Libya ordered the arrest of an airline official for helping migrants reach the U.S. via Nicaragua.

In Sudan, hunger and famine are forcing people to flee the country, while the first refugees from Myanmar have resettled in the U.S. from camps in Thailand.

In Indonesia, volunteers are teaching refugee children, and in India, Rohingya refugees continue to face unsafe living conditions and displacement.

Other updates include the U.S. extending Temporary Protected Status for Somalia and creating a new leadership position to improve immigration court access.

New polling data from Gallup has bolstered Donald Trump's presidential campaign, showing significant public support for stricter immigration controls. According to the survey, 55% of respondents want immigration levels reduced, while only 16% favor an increase, marking the lowest pro-immigration sentiment since 2009. This shift in public opinion is reflected in Trump's key policies, with 53% of respondents now supporting the expansion of the U.S.-Mexico border wall, up 13 points since 2019. Additionally, 76% advocate for hiring more border patrol agents.

The poll reveals a growing concern over immigration, especially among Republicans, with an 88% increase in anti-immigration sentiment. While Democrats prefer maintaining current immigration levels, public opinion has shifted dramatically since pro-immigration sentiment peaked in mid-2020.

Immigration remains a central issue in the 2024 election, with Biden and Trump trading barbs on the matter. Biden's executive actions to manage the border, including measures to restrict asylum claims, contrast with Trump's enforcement of Title 42, which was overturned in 2023. Julia Gelatt of the Migration Policy Institute suggests public concern is driven by images of chaos at the border, often amplified by misinformation.

As illegal border crossings hit record highs, this new polling data indicates that, for the first time in nearly two decades, Americans are more inclined to reduce immigration rather than maintain or increase current levels.