Retrogression And Illegal Immigration
The severe retrogression that we have witnessed of late has brought to the fore some critical problems with our system of legal, employment-based immigration. Congress is apparently working on several allievating measures. The scale of the problems, this time, however, is so large, that some of the solutions that Congress enacts may have repurcussions beyond legal, employment-based immigration. What retrogression fundamentally highlights is that our system for legal, employment-based immigration is one where demand and supply are totally out-of-whack. In bringing them closer to alignment, Congress will likely move some direction along solving the larger mis-alignment between supply and demand that is the foundation for the large undocumented population that we currently have. Of course, there are some like Rep. Hayworth who apparently believes that the US Congress can suspend the law of supply and demand, but fortunately, he is in the minority in holding this opinion, as a vote on the floor of the House will likely show. Immigration policy over the next few weeks and months will be at a critical juncture - a wise choice by Congress will bring much benefit to the nation, and an unwise choice will doubtless set up a much bigger confrontation with reality in the future. In ordinary circumstances, we can count on our politicians to postpone the inevitable to a day of future reckoning, though one should not blame them overly for this natural shortcoming. But this time, a postponement may have significant political costs to one or both political parties. The stars appear to be aligning for fundamental immigration reform. It may be here earlier than anyone thinks.
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I suffered a traumatic psychological flashback this afternoon when I
tried to read the Comment section of Tuesday's advance edition of
Immigration Daily (ID 10/11/05).
Other readers who slogged through Gabriel Garcia Marquez's "One Hundred
Years of Solitude" back in college may share my pain.
Please consider organizing your thoughts in paragraphs.
Brad Flecke, Esq.
Please refer to your comment on DOL Mandamus (ID 10/11/05). Perhaps I'm not understanding. It appears to me that you are advocating that it is the DOL's responsibility to find the qualified workers instead of the current process that the employer has to do the recruiting, etc. Are you sure that is what you want? Do you want the Government to supply the workers? I don't think so. Under the current scheme of things, albeit perhaps not the intent of Congress, the employer finds someone they want to work for them for their own reasons (skills, friends, special favors, etc). Then they go to the expense of proving that the person they want is qualified, the only one who can do the job and doesn't adversely affect the job market. I for one don't want the Government telling me who I can hire.
Editor's Note: Yes, you mis-understood our comment. We are NOT saying that DOL must supply workers to US employers. We ARE saying that if DOL wants to prevent an employer from receiving a labor certification under 212(a)(5)(A), the statute places the responsibility on DOL to produce a suitably qualified US worker. We believe that the only fair reading of the plain language of 212(a)(5)(A) is that the DOL does not have any statutory authority to compel employers to go thru a recruitment process in order to receive a certification. We believe that 212(a)(5)(A), under its plain language, entitles US employers to a certification merely upon application, UNLESS DOL can produce a qualified US worker as a basis to deny the application.
With the retrogression of visa dates, what do DHS and DOS expect will happen (assuming they even look ahead)?
Apart from the disservice done to employers and the US economy, if House members expect that this will curtail immigration, it is very possible that the opposite will happen. In fact, they may be exacerbating the current situation of illegal immigration.
Consider the following scenario:
An H1-b employee who has filed his immigration petition in 2000, and was expecting to be rewarded for his long wait very soon. Now he is told that he must wait another 3+ years to obtain residency, portability and salary increase. Now, for some reason, he loses his job (5 years is a long time in many industries to keep a job). If he has strict moral codes he will return home to keep from breaking the law.
But chances are, as evidenced by the buzz among visaholders, that he will either go undergound by accruing unlawful presence and working illegally, or marry a USC for the sole purpose of getting what he believes is his right after such a long time.
In either case, the number of illegal immigrants and fraud will increase, and the number of legal immigrants will decrease.
Misguided Congressmen should ask themselves which kind of immigrants they want to attract, and frame the laws accordingly.
Name Not Supplied
Some body mentioned about Your Article "The Day of Baldaid"??. I could not find it. I would appreciate if could direct me.
Editor's Note: The article you appear to be referring to is The Day Of The Band-Aid Is Over by Gary Endelman. Please try our advanced search engine.
Now that dates have retrogressed for immigrant applications for 7 years, what will happen to people who have filed applications 5 years ago, if for some reason they lose their jobs?
While some may return home, many may stay on illegally, because going back home after 8-9 years may not be an option anymore. This will only add to the problem of illegal immigrants.
Congress should focus on first fixing the legal immigration problem, or the illegal immigration problem will keep growing.
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