Week of July 21–27, 2024

The AILA Media Advocacy Committee highlights the need for an overhaul of U.S. immigration laws, which have not been comprehensively updated in 35 years. The lack of modernization has caused significant problems in the workforce, particularly in caregiving, where shortages are critical. Congress must address these outdated laws to better reflect modern society and the current economy.

For instance, the Department of Labor still relies on outdated 1994 guidance regarding remote work, leaving businesses confused about how to manage modern employment practices. Additionally, the green card process for Indian-born applicants can take over a decade longer than others due to a 1965 law that fails to accommodate today's migration realities.

Undocumented immigrants are also left without a pathway to legalization, as a 1996 law that once allowed them to pay a fine and obtain legal status was only briefly extended and has since lapsed. Moreover, the Visa Bulletin, which governs green card allocation, is confusing and leads to long delays, affecting essential workers like religious professionals and personal care assistants.

The blog calls for thoughtful immigration reform that could both resolve issues at the border and fill workforce gaps, allowing immigrants to contribute meaningfully to the economy. The article emphasizes that immigration should be approached with practicality, rather than being reduced to political drama.

The number of people entering the U.S. has surged in recent years, particularly those categorized as "other foreign nationals." The Congressional Budget Office (CBO) projected an increase of 8.7 million more people in this category between 2021 and 2026 than expected based on pre-2020 trends. This report examines the impact of that surge on the federal budget and economy for the 2024-2034 period.

The CBO estimates that this increase in immigration will boost federal revenues by $1.2 trillion over the period, primarily through income and payroll taxes paid by immigrants. However, it will also add $0.3 trillion in mandatory spending and interest on the debt, as more immigrants receive federal benefits and higher interest rates increase debt costs. On net, the surge will reduce deficits by $0.9 trillion.

The report does not address discretionary spending, but CBO expects the surge to increase pressure on programs like education and infrastructure, potentially adding $0.2 trillion in costs by 2034. State and local budgets are also expected to face higher costs than revenues due to immigration.

Economically, the immigration surge is projected to boost GDP by $8.9 trillion over the period, driven by increased wages and labor force growth. Interest rates and returns on capital are expected to rise, while wage growth for less-educated workers will initially slow but later accelerate due to productivity gains.

Republican-led states such as Texas, Iowa, and Oklahoma are enacting immigration enforcement laws that intrude on federal authority, undermining the constitutional separation of powers. These laws attempt to regulate who can enter or remain in the U.S., despite immigration being a federal responsibility. Proponents claim the Biden administration is neglecting immigration enforcement, but federal courts have previously rejected similar state-level efforts.

Historically, state and local anti-immigrant laws, like those in Arizona and Georgia, were struck down for overstepping into federal jurisdiction. New laws, such as Florida’s S.B. 1718, criminalizing the transport of undocumented individuals, have also faced legal challenges, with federal judges blocking them. Texas’ S.B. 4 and Iowa’s copycat laws go further, granting state officials powers to detain and deport individuals, effectively creating a parallel immigration system. These laws violate the U.S. Constitution's supremacy clause, which asserts federal law as the "supreme law of the land."

Oklahoma's 2024 law exacerbates the issue by criminalizing undocumented presence, using inflammatory language like “occupation,” which fuels dangerous, xenophobic narratives. Ultimately, these laws invite the Supreme Court to reconsider its 2012 decision in Arizona v. United States, which affirmed federal supremacy over immigration.

As these unconstitutional state laws continue to spread fear and waste resources, courts must swiftly block their enforcement and uphold the Constitution’s clear allocation of immigration authority to the federal government.

Proposition 314 in Arizona would criminalize crossing the border illegally, allowing police to arrest individuals who cannot prove U.S. citizenship or legal residency. It would also give state courts the authority to order deportations. However, the proposition faces significant legal challenges, as immigration enforcement is traditionally a federal responsibility. Similar laws in other states, such as Texas, have been blocked by federal courts, and civil rights advocates argue that laws like this promote racial profiling.

Arizona’s 2010 SB 1070 law faced backlash for similar reasons and was largely struck down by the U.S. Supreme Court in 2012. Although one provision survived, requiring police to check the immigration status of individuals suspected of being in the country illegally, it was later halted.

Proponents of Proposition 314 argue that the influx of migrants constitutes an “invasion,” allowing Arizona to act under the U.S. Constitution. However, courts have not accepted this interpretation. Critics, including civil liberties groups, warn that the measure could lead to costly legal battles.

The proposition includes additional provisions, such as cracking down on fentanyl sales and punishing the use of false documents. Some groups have challenged it on the grounds that it violates Arizona’s single-subject rule for legislation. The measure’s legal fate remains uncertain as it moves through the courts.

France's new immigration law introduces stricter language requirements for foreign nationals. This affects those signing the Republican Integration Contract (CIR) and certain immigration categories, including local hire employees, family life, entrepreneurs, and professionals in regulated fields. Notably, talent passport holders and intra-corporate transferees are exempt.

Key changes include raising the required French proficiency levels. Previously, CIR signatories needed to reach A1 level (beginner) for a multi-year permit, with 600 hours of training if not met. From January 2024, A2 level (advanced beginner) is required, involving more complex language skills. For a 10-year resident card, the level increases to B1 (intermediate), and for citizenship, it rises to B2 (upper intermediate), with various options to prove proficiency, such as official tests or diplomas.

The law also limits the renewal of temporary residence permits to three times, after which applicants must seek a multi-year permit or switch categories. Civic requirements have been introduced, requiring an exam on French values, though specifics are not yet available.

While the language and civic changes are scheduled to take effect in 2026, temporary permit limitations will apply from 2024. Foreign nationals are advised to prepare in advance, as learning French can be challenging. Fragomen is available to assist with navigating these new requirements.

Since January 2021, over six million migrants have entered the U.S. outside established immigration programs, including illegal border crossers and those entering under controversial parole programs. Massachusetts has become a major destination for these migrants, along with states like New York, Texas, and California. This influx presents significant challenges, particularly financial, as Massachusetts has embraced sanctuary policies that provide housing, welfare, and healthcare regardless of immigration status.

To date, Massachusetts taxpayers have spent over $1 billion on the overwhelmed emergency shelter system, with state officials expecting another $1.8 billion in costs over the next two years. While Governor Maura Healey hopes for federal assistance, the long-term costs of this migration wave could strain state resources further. These include expenses for education, social services, healthcare, and public safety.

The report highlights that approximately 355,000 illegal and inadmissible migrants reside in Massachusetts, with 50,000 arriving since 2021. Many of these migrants are eligible for welfare programs despite federal restrictions. Migrants' long-term dependence on the state's social safety net is a concern, as many lack the education or skills for self-sufficiency. The costs of welfare programs, such as SNAP and Medicaid, are projected to increase, along with expenditures for migrant children’s schooling and public services. The report suggests limiting access to welfare benefits and reversing sanctuary policies to mitigate the financial burden on taxpayers.

Fed Chair Jay Powell and New York Fed President John Williams have recently pointed to signs of labor market cooling, supporting a potential rate cut as early as September. While they emphasized general indicators, they did not mention the role of the labor force participation rate (LFPR). Since June 2020, the LFPR has risen from 60.8% to 62.7%, with notable improvement over the past four months.

An often-overlooked factor contributing to labor market cooling is immigration. Since President Biden's inauguration in January 2021, the U.S. adult foreign-born population has increased by over 5 million, raising the share of immigrants from 16% to 18%. Immigrants are more likely to participate in the labor force than native-born individuals, with a current foreign-born LFPR of 66.4%, compared to 61.8% for native-born.

Immigrants have accounted for a significant 40% of the overall LFPR increase, despite comprising only 18% of the adult population. Without their contribution, the LFPR would be half a percentage point lower, at 62.2%.

The increase in LFPR, driven in part by immigration, boosts GDP growth and lowers inflation. Higher LFPR alleviates labor market tightness, reducing cost pressures for companies and consumers. As a result, the Federal Reserve's timeline for cutting rates could be sooner, thanks to the positive economic impacts of immigration on the labor market.

Immigration detention in the U.S. holds tens of thousands of people daily, often in inhumane conditions. The Moshannon Valley Processing Center in Pennsylvania exemplifies this cruelty, where detainees face inadequate medical care, poor mental health services, language barriers, and discrimination. The ACLU-PA, Legal Services of New Jersey, and the University of Pennsylvania’s Transnational Law Clinic filed a federal complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties to address these issues.

The complaint includes testimonies from detainees, such as one who was denied treatment for painful tumors and another who attempted suicide due to untreated medical issues. Women are particularly vulnerable, facing restricted access to menstrual products and preventive care. The GEO Group, a for-profit company contracted by ICE, operates Moshannon, where these problems persist, similar to other GEO-managed facilities nationwide.

The complaint calls for a formal investigation to hold ICE and GEO accountable. Despite previous recommendations from the Office of Civil Rights and Liberties, transparency remains limited as ICE often ignores these findings. The complaint demands a full, public report on the conditions at Moshannon.

While the ACLU-PA condemns ICE detention as unnecessary and cruel, it insists that, as long as it exists, detainees must be treated with dignity and respect. The horrific conditions at Moshannon reflect the broader failures of the U.S. immigration detention system.

Two conservative groups, Massachusetts Fiscal Alliance and the Center for Immigration Studies, released a study criticizing the economic burden on Massachusetts taxpayers from immigration. They argue that the state’s emergency shelter system, health care, and schooling costs for migrants have exceeded $1 billion, with 50,000 new arrivals since 2021. The groups are urging lawmakers to limit emergency shelter access to U.S. citizens, repeal laws allowing undocumented immigrants to obtain driver's licenses, and cut back on other migrant services. They claim that many migrants will soon qualify for social service programs, labeling it a “fiscal time bomb.”

The Center for Immigration Studies, labeled an “anti-immigrant hate group” by the Southern Poverty Law Center, disputes the legality of the Biden administration’s parole program, which has allowed migrants fleeing crises to enter the U.S. They argue these migrants’ low incomes will qualify them for welfare without significant tax contributions.

Immigration advocates, however, reject these claims. Elizabeth Sweet, of the Massachusetts Immigrant and Refugee Advocacy Coalition, points to a Congressional Budget Office report showing that immigrants contribute significantly to the federal economy and could help reduce the national deficit. She calls for streamlined work authorization and pathways to legal status, emphasizing the economic benefits of immigrants over time, despite initial local costs.

Recent class action lawsuits have accused major U.S. automotive and logistics companies of exploiting high-skilled Mexican workers through the TN visa program, which lacks oversight and has been linked to labor abuse. The TN visa, created under NAFTA and continued by the U.S.-Mexico-Canada Agreement, allows Mexican and Canadian citizens to work in the U.S. in certain professional fields. Unlike other work visa programs, the TN lacks Department of Labor (DOL) oversight, which leads to fewer safeguards for workers.

Mexican TN workers must secure a job offer and undergo consular processing, but without DOL involvement, employers are not required to pay fees or ensure fair working conditions. This has led to numerous allegations of exploitation. Workers have filed lawsuits, alleging that companies used false promises of skilled jobs but forced them into manual labor with poor wages and working conditions. These cases have highlighted systemic issues within the TN visa program, which has grown steadily but lacks essential protections.

Organizations like Centro de los Derechos del Migrante have called for reforms, including increased transparency, better employer vetting, and more worker control over their visas. Recent lawsuits aim to hold U.S. companies accountable for labor abuses and push for changes that would protect migrant workers from exploitation. These efforts are part of a broader push for justice and accountability in the U.S. immigration and labor systems.

Naturalization is often seen as the final step in an immigrant's journey, and for good reason. It is a lengthy and costly process, but the rewards are significant—new citizens gain protection from deportation, enhanced economic opportunities, and a greater role in their communities.

On July 10, over 2,000 immigrants were naturalized in Houston's NRG Arena, despite challenges like extreme heat and power outages caused by Hurricane Beryl. Among them were 2,286 immigrants from 121 countries, including military members, who took the oath of allegiance before a Federal Judge. Chelsie Kramer and Michael Treviño from the American Immigration Council attended to celebrate this achievement.

Houston is becoming the "Citizenship Capital" of the U.S., with over 700,000 naturalized citizens as of 2021. With nearly 250,000 more immigrants eligible to naturalize, the city's immigrant population—24% of its total—continues to grow. These new citizens contribute significantly to the local economy. In 2021, immigrant households in Houston earned $66.5 billion, paying $16.3 billion in taxes and retaining $50.2 billion for community spending.

Across Texas, 17.2% of the population is made up of immigrants, nearly 43% of whom are naturalized. As thousands more become eligible for naturalization, continued support is crucial to help them complete the process, ensuring they, and their communities, can benefit fully from their new status.

The Texas Driver Prosecutions Law, part of Operation Lone Star (OLS), increases penalties for smuggling offenses, often targeting drivers with undocumented passengers. The law imposes harsh mandatory minimum sentences—up to 15 years in prison—without requiring clear evidence of intent to smuggle. The law disproportionately affects communities of color and worsens racial profiling. Since OLS began in 2021, arrests for smuggling have surged, with most defendants being young U.S. citizens, not professional smugglers. This law extends OLS's harmful impacts, fostering fear in mixed-status families and exacerbating the dangers of OLS-related vehicle pursuits, which have led to fatalities and injuries. Moreover, the Texas Driver Prosecutions Law deepens racial disparities, with Black and Latinx individuals disproportionately affected. The mandatory minimum sentences far exceed federal penalties for similar offenses and perpetuate over-policing and incarceration. Advocates argue that these punitive measures fail to deter migration and instead exacerbate smuggling activities, while harming both migrants and U.S. citizens alike. The law's broad language has also led to wrongful arrests, with drivers facing severe consequences for everyday actions like transporting family members.

In a recent episode of the "Farming the Countryside" podcast, Rachel Beardsley discusses the impact of immigration on the U.S. agricultural industry with host Andrew McCrea. Beardsley highlights that while many employers initially seek local talent, they often turn to immigration due to a shortage of domestic workers. She explains that the evolving complexity of agricultural roles aligns well with immigration, as advanced technologies in the industry require professional-level workers with university degrees.

Beardsley also outlines common visa categories used in agriculture, detailing the requirements employers face when recruiting foreign talent. She touches on the green card process, explaining that agricultural employers may use it to retain top performers or avoid business disruptions. This is particularly relevant when key immigrant employees, such as senior-level workers, face challenges renewing their visas.

The U.S. must retain top talent in STEM fields to stay competitive in technology and fuel economic growth. The American Immigration Council, along with five organizations, recently urged the Student and Exchange Visitor Program (SEVP) to expand the STEM Designated Degree Program List to include eight new fields critical to the artificial intelligence (AI) workforce. These fields align with the Biden administration's focus on AI development.

Currently, international students with degrees in STEM fields are eligible for up to 36 months of post-graduate training, compared to 12 months for non-STEM graduates. By expanding the list, international graduates will have more opportunities to stay in the U.S., gain experience, and transition to other visa categories.

The coalition's recommendation is based on data showing these fields produce talent for AI roles. Studies by the Center for Security and Emerging Technology and the National Center for Science and Engineering Statistics affirm the importance of these fields in STEM. Additionally, the Departments of Labor and Education recognize them as vital for STEM careers.

Immigrant workers play a crucial role in the U.S. STEM workforce, comprising 23.1% of it. By expanding the list, the U.S. can better meet AI workforce demands and attract more international students, helping maintain its leadership in technology and innovation.

Pioneer Day, celebrated on July 24, commemorates the arrival of Latter-day Saint pioneers in Utah's Salt Lake Valley in 1847. While not widely recognized outside Utah, it's a time for reflection on both pioneers' sacrifices and the broader theme of immigration. For Latter-day Saints, Pioneer Day embodies not just historical remembrance but a celebration of migration, both spiritual and physical.

The author's ancestors were immigrants, much like those who trekked westward under Brigham Young's leadership. These pioneers, driven by faith, left behind their homes to gather in Zion, often enduring great hardships. The story of their migration reflects the Latter-day Saint theology of progression, where spiritual and physical journeys intertwine.

Early Latter-day Saints believed in gathering converts, inspired by prophetic revelations. Many immigrated from Europe, contributing to one of the most successful organized migration efforts in U.S. history. This migration ethos, rooted in both Old and New Testament teachings, encourages empathy toward today's immigrants.

Latter-day Saints continue to see migration as sacred, fostering a sense of duty toward refugees and newcomers. The author's personal connection to his ancestors highlights the ongoing relevance of these stories, urging us to remember the struggles of past immigrants and extend kindness to today's migrants.