There's a better way to do immigration reform

Immigration is the definitive wedge issue in American politics, but it doesn’t have to be. When the Senate’s Border Security, Economic Opportunity and Immigration Modernization Act failed to pass the House this year, it was the third such failure of comprehensive reform in a decade. Here’s a good rule: Three strikes, you’re out. It’s time for a different approach. Congress should forget comprehensive reform and try for pragmatic and incremental change instead.

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There's a better way to do immigration reform
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There's a better way to do immigration reform

Immigration is the definitive wedge issue in American politics, but it doesn’t have to be. When the Senate’s Border Security, Economic Opportunity and Immigration Modernization Act failed to pass the House this year, it was the third such failure of comprehensive reform in a decade. Here’s a good rule: Three strikes, you’re out. It’s time for a different approach. Congress should forget comprehensive reform and try for pragmatic and incremental change instead.

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There's a better way to do immigration reform
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There's a better way to do immigration reform

Immigration is the definitive wedge issue in American politics, but it doesn’t have to be. When the Senate’s Border Security, Economic Opportunity and Immigration Modernization Act failed to pass the House this year, it was the third such failure of comprehensive reform in a decade. Here’s a good rule: Three strikes, you’re out. It’s time for a different approach. Congress should forget comprehensive reform and try for pragmatic and incremental change instead.

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There's a better way to do immigration reform
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There's a better way to do immigration reform

Immigration is the definitive wedge issue in American politics, but it doesn’t have to be. When the Senate’s Border Security, Economic Opportunity and Immigration Modernization Act failed to pass the House this year, it was the third such failure of comprehensive reform in a decade. Here’s a good rule: Three strikes, you’re out. It’s time for a different approach. Congress should forget comprehensive reform and try for pragmatic and incremental change instead.

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There's a better way to do immigration reform
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There's a better way to do immigration reform

Immigration is the definitive wedge issue in American politics, but it doesn’t have to be. When the Senate’s Border Security, Economic Opportunity and Immigration Modernization Act failed to pass the House this year, it was the third such failure of comprehensive reform in a decade. Here’s a good rule: Three strikes, you’re out. It’s time for a different approach. Congress should forget comprehensive reform and try for pragmatic and incremental change instead.

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There's a better way to do immigration reform
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Xenophobia Is Bad Economics: 5 Reasons Why Britain Should Welcome Immigration

Like the United States, the British nation was built on successive waves of immigration.  It’s our strength and our distinction.

 

So I’m alarmed at the outbreak of xenophobia in British politics in response to the rise of the United Kingdom Independence Party (Ukip) on an anti-immigration platform and a pledge to leave the European Union.

 

It has created sheer panic in British politics, and augurs poorly for the future economic health of the nation.

 

British Prime Minister David Cameron now proposes a cap on the number of immigrants at 100,000 a year, although the current figure is close to 250,000 a year.

 

In reality, the UK should welcome immigrants.  Here’s five reasons why:

 

1          The UK government’s own figures say so

 

The UK Treasury’s Office for Budget Responsibility (OBR) calculates the economic impact of government policies.  Robert Chote, head of the OBR, said earlier this year that immigration ‘does tend to produce a more beneficial picture’ for the nation’s finances.

 

“Because they’re more likely to be working age, they’re more likely to be paying taxes and less likely to have relatively large sums of money spent on them for education, for long-term care, for healthcare, for pension expenditure,” he added.

 

Without immigration running at its current level (or higher), it will be hard for the government to pay off its national debt.  What is needed is more migration, not less.  If the numbers were to fall to 140,000 a year (still above David Cameron’s target), national debt would reach almost 100 per cent of the entire economy by 2064, according to the OBR.

 

Other studies have produced similar figures, with the National Institute of Economic and Social Research estimating that the UK economy would contract by 11 per cent if immigration numbers are halved.

 

2          Talented, skilled people are struggling to get in

 

The 2014 Nobel Prize winner John O’Keefe, himself an immigrant to the UK from Canada, argues that immigration restrictions are endangering Britain’s scientific standing.

 

“The immigration rules are a very, very large obstacle [to recruiting high level scientists].  We should think hard about making Britain a more welcoming place.

 

“Science is international, the best scientists can come from anywhere, they can come from next door or they can come from a small village in a country anywhere in the world – we need to make it easier.”

Cameron Puts Immigration at Heart of European-Union Talks

U.K. Prime Minister David Cameron
said he will put immigration from other European Union members
at the center of talks with the 28-nation bloc in an attempt to
stem the threat from the U.K. Independence Party.

“We are committed to putting EU migration right at the
heart of our negotiations in Europe,” Cameron wrote in a Sunday
Telegraph article published yesterday, appealing to voters to
back his Conservative Party in a straight contest with Labour at
next May’s general election.

A vote for UKIP, which gives unconstrained immigration from
EU countries as one reason for leaving the club, would help
Labour win the election, Cameron said. The prime minister
pledged in 2013 that he would call an in-or-out referendum on
the U.K.’s membership of the EU in 2017 if he wins next year’s
election. The government is currently seeking to renegotiate the
terms of its relationship with the EU.

“It is only the Conservative Party that is offering you
that in-out referendum on Europe in 2017,” Cameron wrote in the
article. “There would be a terrible irony if people who care
about these issues voted UKIP — making a Labour government more
likely. They would vote for controlled immigration and get the
Labour politicians who opened Britain’s borders.”

Cameron plans to restrict immigration from the EU by
limiting access to National Insurance numbers for low-skilled
workers, the Sunday Times reported yesterday. The PM will
include the cap in an upcoming speech setting out a tougher
immigration policy, the newspaper said citing unidentified
government officials.

Limiting Migration

When asked about the report, outgoing European Commission
President Jose Manuel Barroso said a limit on internal EU
migration would contravene the club’s laws.

“The freedom of movement is a very important principle in
the internal market,” Barroso, whose term ends Oct. 31, said in
a television interview on the BBC’s “Andrew Marr Show”
yesterday. “Any kind of arbitrary cap seems to me to be not in
conformity with European rules.”

The commission head warned the U.K. would have little
influence globally if it left the political bloc.

“Britain is stronger in the European Union,” he told
Marr. “There is a willingness to accommodate the concerns of
Britain, provided they are not incompatible to our overall
agreed principles.”

Cameron wants to reduce annual net immigration from 243,000
people
in the year through March to fewer than 100,000 in 2015.
He has promised tighter welfare rules for migrants and a block
on people coming from countries that join the EU in the future.

‘Taking Off’

“We’ve seen in the last few years a situation where the
U.K. economy has taken off. Europe, in some cases, teeters on
recession,” Conservative Party Chairman Grant Shapps said in an
interview broadcast on BBC Radio 4’s “The World This Weekend”
yesterday. “We cannot have an open-ended situation where people
are able to always come to Britain in such a lop-sided
arrangement.”

The leaders of the EU’s member states meet at a summit in
Brussels on Oct. 23-24.

UKIP won its first elected seat in the House of Commons
this month in Clacton in southeast England, following the
defection of Conservative lawmaker Douglas Carswell. In the
constituency of Rochester and Strood, southeast of London,
Carswell’s friend Mark Reckless has followed suit and is bidding
to win the seat for UKIP in a Nov. 20 by-election.

The prime minister has not decided whether to unveil his
plans for the National Insurance cap before the Rochester vote,
the Sunday Times said yesterday.

‘Vague Promises’

“We will see what David Cameron can deliver, but at the
moment all we’ve seen are vague promises aimed at the Rochester
and Strood by-election because Tory Eurosceptics are defecting,
instead of the practical plans and real action that is
required,” David Hanson, the opposition party’s spokesman for
immigration matters, said yesterday.

A ComRes poll published yesterday in the Independent on
Sunday and Sunday Mirror newspapers found support for the
Conservatives rose 2 percentage points to 31 percent in the last
month, while Labour fell 1 point to 34 percent. The poll of
2,000 adults conducted Oct. 15-16 showed backing for UKIP and
the Liberal Democrats was unchanged at 19 percent and 7 percent,
respectively.

To contact the reporter on this story:
Scott Hamilton in London at
shamilton8@bloomberg.net

To contact the editors responsible for this story:
Emma Charlton at
echarlton1@bloomberg.net
Will Hadfield, Rachel Graham

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Thousands released after immigration holds denied

SANTA ANA, Calif. (AP) — Immigration officials say local authorities across the U.S. released thousands of immigrants from jails this year despite efforts to take them into federal custody, including more than 3,000 with previous felony charges or convictions.

The numbers are the first time federal immigration authorities have publicly detailed how many times local agencies have refused to comply with their requests. They highlight the friction between the federal government and police and sheriff’s departments, some of which say holding immigrants beyond their release dates harms community policing efforts.

Immigration officials say the denials pose a public safety threat as immigrants who previously would have been placed in federal custody once they were eligible to leave jail are being released into communities where they could commit new crimes.

In the first eight months of this year, immigration agents filed roughly 105,000 requests for local agencies to hold immigrants for up to 48 hours after they were eligible for release on the allegations for which they initially were arrested, said Virginia Kice, a spokeswoman for Immigration and Customs Enforcement. The agents wanted the immigrants held so they could take them into federal custody and start deportation proceedings.

Local law enforcement agencies declined 8,800 such requests, also known as detainers, during the same period. Those released include people arrested for investigation of domestic violence and drug charges, as well as others detained on lesser offenses but who had past convictions for crimes such as assault with a deadly weapon, Kice said.

Across the country, many local agencies no longer are willing to hold jailed immigrants beyond their scheduled release dates. They say immigrants should not be held longer than U.S citizens for the same crime, and turning them over to ICE creates an atmosphere of distrust among community members.

Colorado stopped honoring detainers earlier this year, and New York City is considering doing the same.

In California, local law enforcement agencies scaled back their collaboration with ICE to comply with a state law that took effect this year limiting the use of immigration detainers. After a federal court in nearby Oregon ruled a woman’s constitutional rights were violated when she was held in jail without probable cause, some agencies stopped honoring the requests altogether.

Five Southern California counties no longer honor ICE’s requests, said David Marin, deputy field office director for the agency’s enforcement and removal operations in the greater Los Angeles area. He said he’s shifted at least 40 agents from screening and transporting arrestees to teams working in the field to track down immigrants they believe are in the country illegally.

It takes more manpower to do so and puts his staff at greater risk, Marin said. And he believes some of the immigrants who are being released will commit new crimes, adding that his agency has filed multiple detainers this year for some immigrants, which indicates they have been re-arrested.

“There’s a lot of crimes we could probably prevent if people would just honor our detainers,” Marin said. He noted that because of a prison overhaul, local jails in California now house more lower-level felons who previously would have gone to state prison.

In Illinois, a man who was released from jail despite a 2011 request by immigration authorities to detain him shot and killed his 15-year-old girlfriend earlier this year, Kice said.

Some California sheriff’s officials, however, say they’re simply following the latest law governing the conditions under which anyone, an immigrant or otherwise, can be held by law enforcement.

In Riverside County, Chief Deputy Jerry Gutierrez said the Oregon ruling coupled with an ICE memo indicating the detainers were requests, not requirements, prompted his agency to stop honoring them.

“If we were to honor them, it would expose the county and the department to civil liability,” he said. “Any person who is ordered to be released, we would be releasing them the same way.”

In San Bernardino County, deputy Ruben Perez said his department has reported no problem with repeat offenders but it might be too soon to tell.

The change is welcomed by immigrant advocates, who have long fought the requests from immigration authorities to continue detaining people after they’re eligible for release from jail, whether on bail or at the conclusion of a criminal case.

They say immigrants in communities that honored ICE’s requests have been afraid to report crimes, and the policy change will improve, not hamper, public safety.

Chris Newman, legal director at the National Day Laborer Organizing Network, said deportation should not be used as a form of punishment.

“There has been an insidious erosion of constitutional rights protections,” he said. “Immigrants and citizens should be treated alike by our criminal justice system.”

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Immigration points-based systems compared








UK Border Agency picture

UKIP leader Nigel Farage and Conservative London Mayor Boris Johnson are among those to have called for an Australian-style, points-based immigration system. So how does the UK’s system – also based on points – differ from those of other countries?


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United Kingdom


UK passport control

The numbers

In the year to April 2014, a total of 560,000 immigrants arrived in the UK, including 81,000 British citizens and 214,000 from other parts of the EU. An estimated 317,000 people left, including 131,000 British citizens and 83,000 other EU citizens.

The top 5 countries represented in terms of arrivals were:

  • China
  • India
  • Poland
  • United States
  • Australia

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The UK’s points-based system

In February 2008, the Labour government introduced the UK’s first points-based immigration system heralded by ministers as being based on the Australian system. It replaced a labyrinthine scheme which saw 80 different types of visa granted.


Graph showing long term international migration to 2014

The new system contains a lengthy list of sub-tiers of migrant, but broadly they are classed as one of four ‘tiers’. Tier 3 was intended to be a pathway for unskilled immigrants, but after the system began operating the British government decided there was no need for further unskilled immigration from outside the EU. Under the coalition, it has been removed and others tweaked so now the tiers are:

  • Tier 1: high-value (possessed of exceptional talent, highly skilled, high-net-worth investor, graduate entrepreneur)
  • Tier 2: skilled workers (jobs that cannot be fulfilled by a UK or EEA worker, intra-company transfers, ministers of religion or sportspersons) – capped at 20,700 a year unless the immigrant earns more than £150,000
  • Tier 4: student (in primary, secondary, or tertiary education)
  • Tier 5: temporary migrants

Each tier offers its own allocation of points for specific ‘attributes’. For each of the groups in tier 1, a person earns points according to different criteria:

  • English language ability
  • Capacity to support oneself financially
  • Age and previous experience

The admission of migrants who possess “exceptional talent”- that is, who are acknowledged to be world leaders in their fields – is capped at 1000 per year.

You must have a specific job offer in order to apply for entry under tier 2, and reach a total of 70 points.

By far the easiest means of meeting that target is by having a job on the ‘Shortage Occupation List’, such as chief executive officer of a major company, biochemist, engineer or medical practitioner. Such an occupation earns a person 50 points, to be topped up by other factors including age and experience.

Beyond the points

Because the UK is a member of the European Union the points-based system only applies to people who are moving to the UK from outside the European Union. There is freedom of movement across the EU and, barring temporary restrictions for some new member states, freedom to work as well.


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Migrant health


A doctor performing eye surgeryThose with high skilled jobs, like surgeons, are unlikely to encounter much difficulty getting a UK visa

Paragraph 36 of the immigration rules provides that anyone planning to stay in the UK longer than six months should be referred for a medical examination, the cost of which is borne by the applicant. This is designed to ensure that no-one is admitted to the UK who might:

  • endanger the health of other persons in the UK
  • be unable for medical reasons to support themselves or their dependants in the UK
  • require major medical treatment (unless explicitly granted)

UK Visas and Immigration currently runs a tuberculosis-testing programme for aspiring immigrants in “high-incident countries” and their applications are paused, pending treatment, if they test positive.


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Australia


A protestor holds up a pro-refugee placard at a rallyAustralia’s immigration policy is a hot-button issue in every election

The numbers

Australia operates two immigration schemes: the Migration Programme, which caters for economic immigrants, and the Humanitarian Programme for refugees and displaced persons.

For the year 2013-14 Australia capped non-humanitarian immigrants at 190,000 – including the dependants of skilled workers. In that period Australia also welcomed approximately 20,000 people under its Humanitarian programme.

The latest figures for people leaving Australia – for 2012-13 – was 91,000.

The top 5 countries of origin for immigrants to Australia were:

  • India
  • China
  • United Kingdom
  • Philippines
  • Pakistan

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The points-based system

The Australian Labor government elected in 1972 decided migrants would be granted a visa based on their personal attributes and ability to contribute to Australian society – most obviously, through their occupational status.

The previous policy, which selected migrants largely on a racial and ethnic basis, was discarded.

The points system – formalised in 1989 – has gone through several versions, and was most recently updated in July 2011. The Migration Programme divides available visas into two broad classes: skilled worker and employer-sponsored.

Skilled-worker visas are points-tested, and to be eligible for one a person must meet a 65-point minimum. Skilled workers include professional and manual workers, with accountants and mechanics alike earning 60 points for their occupation. Those on the lower end of the scale, at 40 points, include youth workers and interior decorators.

For people in a job on the skilled-worker list, points are awarded for factors including age, recognised qualifications, and previous experience working abroad.

Those on employee-sponsored visas are not points-tested.


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Migrant health:

Australia also has a health requirement for immigrants, designed to:

  • minimise public health and safety risks to the Australian community;
  • contain public expenditure on health and community services, including Australian social security benefits, allowances and pensions; and
  • maintain the access of Australian residents to health and community services.

Everyone applying for a permanent visa needs to complete a medical check, a chest x-ray (if older than 11) and HIV test (if older than 15).

Only tuberculosis specifically precludes an applicant from meeting the health requirement, though even then they may resume their application after treatment.

Those with other conditions are assessed by visa officers on the cost and impact of their treatment in Australian society, before a decision is made.


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Canada


The Canadian flagCanada currently takes in over 250,000 immigrants a year

The numbers

In 2013, Canada welcomed 258,619 immigrants, including economic migrants and refugees

The latest figures indicate that in the same period, approximately 65,000 people left Canada.

The top 5 countries of origin for immigrants to Canada were:

  • Philippines
  • China
  • India
  • United States
  • Iran

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Points-based system

Canada was the first country to introduce a points-based system, in 1967. According to a report by the think-tank CentreForum, the Canadian system’s distinguishing feature is that it “prioritises broadly desirable human capital, rather than a specific job offer”.

Like other countries, Canada distinguishes between skilled workers and other kinds of immigrant.

Those applying for a federal skilled worker visa without a job offer are capped at 25,500, plus 1,000 each for a number of professional and technical professions.

Some migrants can receive greater weighting for going to a particular territory, such as Nova Scotia.

To qualify for Canadian immigration, a person has to meet a minimum of 67 points, with the maximum for each area as follows: 25 points from their educational background, 24 points from proficiency in the English and French languages, 21 points for previous work experience, 10 points for being in the prime age of employment, and up to 10 if one has an offer of employment. Financial background is also taken into consideration.


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Migrant health

Immigrants to Canada must undergo medical examination by one of a list of physicians in their country of origin approved by the Canadian government. There are no diseases whose possession would immediately halt an application to immigrate – all cases are assessed individually.

Medical inadmissibility is likely to be declared for applicants whose condition:

  • is a danger to public health or safety, or
  • would cause excessive demand on the Canadian healthcare or social services systems

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Courts reject another Arizona immigration law

PHOENIX (AP) — Arizona’s authority to confront its illegal immigration woes was again reined in Wednesday when a federal appeals court threw out a 2006 voter-approved law denying bail to people in the country illegally who are charged with certain crimes.

The decision by the 9th U.S. Circuit Court of Appeals follows other battles over the state’s immigration policies, including rulings that struck down much of Arizona’s landmark 2010 immigration enforcement law.

A small number of the state’s immigration laws have been upheld, including a key section of its 2010 law that requires police to check people’s immigration status under certain circumstances.

But the courts have slowly dismantled other laws that sought to draw local police into immigration enforcement as frustrations in the state grew over what critics said was inadequate border protection by the federal government.

“It’s proved to be a failed experiment,” said Peter Spiro, a Temple University law professor who specializes in immigration law.

On Wednesday, an 11-member 9th Circuit panel struck down a law that denies bail to immigrants who are in the country illegally and have been charged with a range of felonies that include shoplifting, aggravated identity theft, sexual assault and murder.

The panel ruled the law violates due-process rights by imposing punishment before trial. The court also said the law was a “scattershot attempt” at confronting people who flee from authorities, and there was no evidence it dealt with a particularly critical problem.

The court said no studies, statistics or other evidence showed that people in the country illegally pose a greater risk of fleeing from authorities than people in the country legally.

An aide to Maricopa County Sheriff Joe Arpaio, who was sued as part of the challenge to the no-bail law, said he believes the sheriff’s office will ask the 9th Circuit to reconsider its ruling. If that doesn’t succeed, it will petition the U.S. Supreme Court to take the case.

Arpaio aide Jack MacIntyre rejects the view that many of the state’s immigration laws were illegitimate.

“When the federal government abandons its interest in enforcing immigration law and leaves them on the books, it generates contempt for the law in general — and that is not good for a country that’s based on the rule of law,” MacIntyre said.

For years in Arizona, many officials resisted suggestions that local and state police agencies confront illegal immigration, long considered the sole province of the federal government. But the notion gained political traction as the public’s frustration with the state’s porous border with Mexico grew.

One key victory for people who pushed those laws was a ruling by the U.S. Supreme Court that upheld a 2007 state law that prohibited employers from knowingly hiring people who weren’t authorized to be in the country.

The Supreme Court also upheld the most contentious section of the state’s landmark 2010 law — the requirement that police, while enforcing other laws, question the immigration status of those suspected of being in the country illegally.

But over the past 18 months, other policies have been rejected by the courts.

A federal judge ruled that Arpaio’s office, which made immigration enforcement one of its top priorities, systematically racially profiled Latinos in its immigration and regular traffic patrols — a finding that the sheriff vigorously disputes.

Another judge later prohibited Arpaio and the county’s top prosecutor from using a contentious tactic in which immigrants who paid to be sneaked into the country were charged with conspiring to smuggle themselves across the border.

And this past summer, a federal appeals court ruled the state cannot deny driver’s licenses to young immigrants who are allowed to stay in the U.S. under a 2012 Obama administration policy.

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