Immigration Policy

Immigration Policy

A selective list of papers, transcripts, statements and press reports highlighting key issues of the day.

Administration

DHS Integration - GAO Report concludes that "unresolved issues regarding the roles and responsibilities of CBP, CIS, and ICE give rise to disagreements and confusion, with the potential for serious consequences."

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Backlogs

Cost to Business - Survey of 734 multinational businesses concludes that immigration processing delays have cost respondents $30.5 billion since 2002, with 51% of respondents stating that delays are getting worse. Delays were most acute for persons from China, India and Russia. Survey conducted by The Santangelo Group on behalf of eight major trade associations. (June 2004)

Backlog Reduction Progress - USCIS Backlog Elimination progress report provided to Congress. Earlier was subject of June '04 testimony of Director Eduardo Aguirre, Jr. before the House Subcommittee on Immigration, Border Security and Claims. (November 2004)

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Border Biometrics

US Visit Implementation - GAO report concluding that DHS has fully or partially implemented legislative reuqirements of US Visit program mandates for FY 2005. (February 2005)

Biometrics Deployment - GAO Report on State Department roll out of biometric data gathering technology at consulates. Recommends that consular officials be provided greater guidance on what to do with the results of biometric searches in processing visa applications and calls for greater coordination between State and DHS. (September 2004)

Phase I - General Accounting Office audit report on Phase I implementation. Suggests improvement in management systems and accountability. (May 2004)

Biometric Technology - General Accounting Office testimony addressing benefits and limitations of biometric technologies at US border crossings and points of entry. Concludes that such technologies cannot be relied upon alone and that policy debate must balance security concerns with those of privacy and commerce.

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Counter-terrorism

Update on Visa Revocation Process - Follow on GAO Report identifying evidence of "continuing weaknesses in the State and Homeland Security processes for revoking visas of suspected terrorists (September 2004)

Visa Revocation Process - General Accounting Office report identifying communication failures among State, Homeland Security and Justice where State has revoked a visas of suspected terrorists and recommending establishment of new written policies at State. (June 2003)

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H-1b

US Chamber of Commerce Position - Argues that the US remain open to talented individuals with skills that are hard to find in America. Favors raising the cap.

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Identification Documents

Consular Identification Cards - GAO Report addressing the use in the US of consular identification documents issued to nationals of some countries to identify then while living abroad. The report identifies conflicting US Government positions - Treasury accepts them as valid identification, FBI states that some (e.g. Mexico) are unreliable. (August 2004)

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Immigration Law Reform

The Secure America and Orderly Immigration (SAVE) Act - Text of Bill as proposed.

Summary of SAVE Act - Prepared by Senate Staff.

White House Fact Sheet - January 7, 2004 press release outlining the program as proposed

Review of pending legislation - Review by National Conference of State legislatures (April 2004).

CATO Institute Congressional Testimony - Argues that enforcement efforts focused on Mexican immigration undermines anti-terrorism efforts and neglects the economic benefits afforded by new workers. (April 2004)

CATO Institute Immigration Position Paper - Favors expanding immigration quotas, focus on border control to combat terrorism, create a temporary worker visa for less-skilled Mexican citizens, repeal the H-1b cap, reinstate amnesty program, reverse decline of accepted refugee cases.

CATO forum on Bush Administration Immigration Proposal - Webcast from Jan 2004. Moderated by Ramesh Ponnuru, National Review and featuring Margaret Spellings, The White House; Frank Sharry, National Immigration Forum; Steven Camarota, Center for Immigration Studies; and Daniel T. Griswold, Center for Trade Policy Studies.

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Intracompany Transferees

Congressional hearing transcript - Text of February 2004 House Committee on International Relations hearing "L-1: Losing Jobs Through Laissez-Faire Policies." Chairman Hyde asks the musical question: "Are we being lax in the offshoring of American jobs often facilitated by inshore training, first given to L visa holders right here in the U.S. so they can take new skills and American jobs home with them?"

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Impact of Workforce

Prospects For American Workers: Immigration's Impact - Transcript of House Subcommittee on Immigration, Border Security and Claims. Chairman Hostettler: "If we want to improve the lot of blue collar workers and their families, immigration policy seems one place to start." (October 2003)

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Law Enforcement

Visa Overstays - House Hearing - Transcript of October 2003 hearing before House Subcommittee on Immigration, Border Security and Claims. Chairman Hostettler: "Certainly, something needs to change, and soon, to dramatically reduce the number of visa overstays. If only one-tenth of 1 percent of these visa overstays are involved with or support terrorism, our current immigration system allows 300 supporters each year, or actual terrorists, to plan and carry out the next act of terrorism against our citizens on our own shores."

Visa Overstays - GAO Report - General Accounting Office Report concluding that the Department of Homeland Security is not properly counting foreign persons who remain in the US after expiration of lawful status. Discusses potential impact on national security. (May 2004)

State Police Enforcement - Washington Post byline article of April 25, 2004 regarding agreement between Virginia State Police and Department of Homeland Security granting the state the authority to enforce federal immigration laws.

State Police Enforcement - Christian Science Monitor editorial asserting that the federal governments should use local police support to enforce immigration laws as an anti-terrorism measure.

Overzealous Enforcement - In a case that typifies the frustrations borne by many foreign business travelers coming to the US, the Department of Homeland Security has apologized to a noted British writer for ignoring its own rules in refusing him admission to conduct a lecture tour. Immigration officials had stopped him in Vancouver upon learning that his honoraria would be $5,000 per event, which they deemed as too much money, a decision that was both arbitrary and capricious. McEwan innocently - and correctly - assumed that the Visa Waiver Program would support his entry The apology tried to gave McEwan assurance that the incident would not inhibit future admission to the US.

In what is no doubt a related move, DHS has announced a new policy which affords Port Directors discretion to "permit travel for foreign journalists who attempt to enter the U.S. with the wrong visa" (i.e., as a business visitor or under the visa waiver program (VWP)) rather than within the "I" category established for foreign media representatives. McEwan had sought entry as under the VWP

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Outsourcing

US Tech Worker Opposition - Wall Street Journal bylined article of October 10, 2003, describing growing opposition among engineers, skilled tech workers and specialty tech executives to further lowering of trade barriers, asserting a link to layoffs.

Economic Solutions to Labor Oversupply - Carnegie Endowment for International Peace May 2004 policy brief "Job Anxiety is Real - and its Growing." Asserts that oversupply of global workforce and availability of cheap and effective telecommunications has created new and fundamental changes to the link between domestic economic growth and US job creation.

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Science Visas

Science Students and Scholars II - GAO report finding improvements to shortcomings in Visa Mantis security clearance process descreibed in the report referenced below. (February 2005)

Science Students and Scholars - GAO report finding lengthy delays of four months and longer in the security clearance processing of visas for science students and scholars. Recommends substantial improvement in the interoperability of State FBI, and Homeland Security computer systems and in State department consular interview scheduling process. (February 2004)

Research Community Recommendations - Joint Statement of the American Association for the Advancement of Science and others citing concern over lack of transparency or and rationality in the visa processing system.

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Visa Waiver Program

Government Accountability Office Report - Concludes that 1% to 3% rejection rate for pre-travel VWP online registration would create significant new visa processing burdens on Consulates, while the addition of additional countries into the VWP would not.

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