The Brookings Institute's Darrell West has authored a new book entitled Brain Gain: Rethinking US Immigration Policy which makes the case that comprehensive immigration reform is critical to keeping the US competitive in the 21st century global economy. From the Brookings description of the new work:

Many of America’s greatest artists, scientists, inventors, educators, and entrepreneurs have come from abroad. Rather than suffering from the “brain drain” of talented and educated individuals emigrating, the United States has benefited greatly over the years from the “brain gain” of immigration. These gifted immigrants have engineered advances in energy, information technology, international commerce, sports, arts, and culture. To stay competitive, the United States must institute more of an open-door policy to attract unique talents from other nations. Yet Americans resist such a policy despite their own immigrant histories and the substantial social, economic, intellectual, and cultural benefits of welcoming newcomers. Why?

In Brain Gain, Darrell West asserts that perception or “vision” is one reason reform in immigration policy is so politically difficult. Public discourse tends to emphasize the perceived negatives. Fear too often trumps optimism and reason. And democracy is messy, with policy principles that are often difficult to reconcile.

The seeming irrationality of U.S. immigration policy arises from a variety of thorny and interrelated factors: particularistic politics and fragmented institutions, public concern regarding education and employment, anger over taxes and social services, and ambivalence about national identity, culture, and language. Add to that stew a myopic (or worse) press, persistent fears of terrorism, and the difficulties of implementing border enforcement and legal justice.

West prescribes a series of reforms that will put America on a better course and enhance its long-term social and economic prosperity. Reconceptualizing immigration as a way to enhance innovation and competitiveness, the author notes, will help us find the next Sergey Brin, the next Andrew Grove, or even the next Albert Einstein.

USCIS used to have a lot of difficulty raising fees and would only get increases approved every few years. They now raise their fees frequently and have just announced their intentions to do so again. In the past, they blamed poor service on the lack of resources and promised - many times - that more money would translate in to better results. I once supported this view. But no longer. USCIS has received massive resource increases over the last several years and expanded the number of examiners greatly. Yet if you talk to seasoned immigration lawyers, there is more of a sense of dealing with an agency completely adrift. There seems to be no accountability for poorly trained examiners who cut and paste denials without really understanding or even caring about the laws they are administering. The agency routinely issues regulations via memoranda that violate the Administrative Procedures Act and Regulatory Flexibility Act. And there has been a dramatic rise in evidence requests and denials with no explanation.

Applicants often pay thousands of dollars in government filing fees. When an examiner botches the job, the applicant's recourse is to pay even more money - possibly thousands of dollars more - in order to get the decision reviewed internally by the same examiner and then to seek an appeal with the AAO. When a grossly poor decision has a devastating effect on an individual, USCIS doesn't even apologize, much less issue a refund of the fee or offer any compensation. In the private sector, you could request a refund, sue for malpractice, file a complaint with a licensing board or the better business bureau, etc. With USCIS, nada.

Of course, the fact that examiners operate in complete anonymity only encourages bad behavior. I'm not aware of any other agency in government where cases are decided this way. One senior USCIS official actually told me that they feared that examiners would be exposed to the threat of violence if they had their identities revealed. Really? Tell that to the IRS which has its auditors operating openly.

When the USCIS shows real accountability for the way it operates, then it would be easier to say that the increase in fees is fair. But the agency has a long way to go before we're at that point. 

I know senior people at USCIS read this blog and I recognize that the town hall meetings that Director Mayorkas and other leaders at the agency have been providing are important. But there is also a widespread feeling out here that these meetings are more about public relations than about solving problems. We have yet to hear anyone in a senior position at the agency even admit that there are serious adjudication problems that need reform. If the agency can't even recognize there is a crisis, what hope is there to solve it.

ThinkProgress is reporting that Arizona law mastermind Kris Kobach is being criticized by the Federal Election Commission regarding the finances of the Missouri Republican Party during his tenure as chairman.