Greg Siskind on Immigration Law and Policy

ANOTHER GOP LEADER CALLS ON PARTY TO RE-THINK IMMIGRATION VIEWS

Here here for another grown-up saying what the politically tone deaf in the Republican Party don't seem to want to hear - if the party doesn't re-invent itself as a pro-immigration party, it will spend many years in the minority. Former Republican National Committee Chair and Bush Cabinet Secretary Jim Nicholson reminds his party that Hispanics are a natural constituency based on many of their views on social and economic issues. But immigration is something that they will not be able to look past.

SENATOR ADVOCATES MICROSOFT FIRE FOREIGN NATIONALS FIRST

The news that Microsoft will be laying off 5,000 workers is certainly troubling since the company has traditionally been very reluctant to release folks and only a year ago was discussing how they had 5,000 openings they could not fill.

The anti-H-1B Senator Charles Grassley has now jumped in to the fray demanding that Microsoft start firing its H-1B workers before any "similarly qualified" workers lose their jobs. It's hard not to see the appeal of the argument - after all, shouldn't we look out for our own workers before protecting jobs for those who are just here temporarily?

One problem with this would be the potential violation of federal anti-discrimination laws. Another is assuming that workers are fungible and you can just swap in and swap out workers like light bulbs. Perhaps you have an H-1B worker with critical skills that has been working on a project for two years and has a unique knowledge that would take months for a new person to learn? Would it make economic sense to fire the person? Microsoft doesn't need Big Brother looking over its shoulder reviewing the extremely perilous process of coming up with the precise workforce that will allow it to steer through the treacherous economic storm we are all facing.

Of course, H-1B employees WILL be losing their jobs. Microsoft has already said so:

In response to a query about Grassley's letter, Microsoft said the initial layoffs include foreigners working here on visas.

"The initial reductions we announced affect employees in a number of business units, and a significant number of the affected employees are foreign citizens working in this country on a visa," said company spokesman Lou Gellos. " ... For many of the employees here on a visa, being laid off means that they have to leave the country on very short notice, in many cases uprooting families and children."

The marketplace will deal with Senator Grassley's concerns as it has in prior recessions. H-1Bs are expensive - often $6000 or more when you factor in legal fees and hefty government filing fees. That is money most companies would rather spend elsewhere. H-1B applications take time - often at least six months of waiting for a visa number to become available after filing an application. They're a pain in the neck from a bureaucratic standpoint - posting requirements, public access files, representations to the US government, etc. The typical communications issues one would expect with foreign workers often add additional challenges. And you have uncertainty regarding the long term prospects for retaining the employee since getting a green card is often an expensive proposition with no guarantees of success.

In past recessions - and this is my third since I began practicing nearly two decades ago -  we have seen a substantial drop in the number of H-1B petitions filed. The largest users of H-1B numbers - the IT consulting companies headquartered in India - are presumably going to be wise enough to save millions of dollars in filing fees and not bother petitioning for workers for which there are not likely to be assignments in the US.  In any case, I will be extremely surprised if we don't see a huge drop in filings on April 1st.

IMMIGRANT OF THE DAY: AMER DELIC - TENNIS PLAYER

Bosnian-born Amer Delic had a great Australian Open losing in the third round to defending champion Nova Djokovic of Serbia. Delic won the NCAA Singles Championship in 2003 while representing the University of Illinois and has played in a number of major tournaments over the last few years. Delic has played in all four Grand Slam tournaments and this year's Australian Open represents his best performance yet.

STIMULUS BILL MAKES MAJOR E-VERIFY CHANGES

The House has included a provision extending the E-Verify program from March 6, 2006. The House Appropriations committee has not released the text of the amendment yet so I'm not able to clarify the exact period of extension. The press release from the committee linked above says it is extended for five years. The press release from the amendment sponsor, Rep. Ken Calvert (R-CA), says the extension is four years. It's possible that they are both correct and the extension is until September 30, 2013, five years from the expiration last year.

A second amendment requiring E-Verify be used by all companies receiving stimulus funds was also passed. The amendment was offered by Rep. Jack Kingston (R-GA).

IMMIGRANT OF THE DAY: PENELOPE CRUZ - ACTRESS

The beautiful Spanish actress Penelope Cruz was nominated for her second Academy Award today for her supporting role in the recent Woody Allen film Vicky Christina Barcelona. Ms. Cruz was nominated a couple of years ago for her performance in the Spanish film Volver.

AMERICA'S VOICE URGES GILLIBRAND TO UPHOLD NY PRO-IMMIGRATION TRADITION

America’s Voice to Gillibrand: Uphold NY Tradition of Sensible Immigration Policy

Moving from Conservative District to Statewide Office, Appointee Must Recognize Policy & Political Demand for Comprehensive Immigration Reform in 2009

 

Washington, DC – Below is a statement from Frank Sharry, Executive Director of America’s Voice in response to Governor David Paterson’s appointment of Congresswoman Kirsten Gillibrand (D-NY) to the U.S. Senate:   

 

“Senator-designate Gillibrand of New York has a troubling record on immigration.  As a member of the House of Representatives, she supported policy proposals aimed at driving immigrant workers and families further underground without offering a practical solution to the presence of some 12 million hard working immigrants without immigration papers in the United States. 

 

“We understand that as a U.S. representative she represented a conservative district, but now she will be representing an entire state, which contains one of the most vibrant and dynamic immigrant populations in the nation.” She is being appointed to fill the shoes of former Senator Hillary Clinton, who as a Senator who was a strong champion of comprehensive immigration reform, and who as a presidential candidate won strong support from Latino voters.  Let’s recall that the unprecedented turnout of Latino and new American voters, most of whom rejected the GOP in part because of its stance on immigration reform, was a major factor in the election of President Obama and the expansion of Democratic majorities in Congress.  It is also worth remembering that swing voters in swing districts rejected enforcement-only candidates and support comprehensive reform with an earned citizenship component.”

 

“Most importantly, President Obama and the 2008 Democratic Party platform promised to tackle comprehensive immigration reform during the Administration’s first year in office.  Voters in New York, Latinos nationwide, and Democratic leadership will be looking to Senator Gillibrand to stand with the President, to stand with the Democratic Party, and to stand with the majority of New Yorkers to support practical and humane immigration reform.”

NASHVILLE SAYS NO TO ENGLISH-ONLY AMENDMENT

I'm proud of my former hometown (though I'm there often enough for work that it still is a home away from home). The city has been known for its hospitality over the years - it once actually garnered an award for the friendliest city in America. But in recent years, it's hostile treatment of immigrants has been making national headlines. That largely stems from the city's aggressive sheriff and the use of its police force as immigration agents.

The city made headlines again in recent months for its attempt to pass a measure that would require require all city business be conducted in English.

The proposal was controversial enough to garner the warning of another large city that passed an English-only amendment - Miami. The Miami Herald last week ran this editorial warning the voters of Nashville about a host of unintended consequences that city experienced and why voters eventually decided to kill the requirement.  I grew up in Miami and remember the chaos that surrounded that referendum.

So yesterday voters in Nashville could have voted to continue down the same anti-immigrant path. Instead, they soundly rejected the proposal by a 56-44 percent margin.

I'm also glad to see the main sponsor of the proposal taking a civil tone in defeat:

On the losing side was Eric Crafton, a Metro Councilman from Bellevue. Crafton had pushed a measure to make English the official language of Metro government for two years. After a failed attempt to pass a Council bill, Crafton gathered signatures of Davidson County voters.

His first attempt, which would have put the proposal on the November presidential election ballot, was disallowed by the Davidson County Election Commission. Crafton went back to the drawing board and gathered more signatures to force the special election.

In defeat, Crafton promised to abide by the “wisdom of the voters,” adding that he was glad the issue was finally decided at the ballot.

“I think it’s been a net-positive for Nashville,” Crafton said. “We’ve had a discussion, the people have decided. I always said I would support the collective wisdom of the citizens and they gave a clear statement tonight.”

GILLIBRAND WOULD LIKELY OPPOSE COMPREHENSIVE IMMIGRATION REFORM

New York's pro-immigration community has only known about the nomination for a few hours, but they've swung in to action to put the brakes on this disastrous pick. The Orange Country Register's Dena Bunis is the first to report.

CONGRATS TO RICHARD JENKINS ON HIS OSCAR NOMINATION

A few months back I blogged on the great film The Visitor, one of the better immigration-themed movies of recent years. Now one of its stars, Richard Jenkins, was honored today with an Academy Award nomination.

LIKELY SENATOR FROM NEW YORK SCORES HIGH WITH ANTI-IMMIGRATION GROUPS

Now that Caroline Kennedy has dropped out of the running to replace Hillary Clinton in the Senate, speculation has now turned to Congresswoman Kirsten Gillibrand from the upstate New York area. Andrea Mitchell of NBC is reporting that she's going to be announced tomorrow as the new Senator.

Gillibrand has a poor record on immigration and her appointment will be extremely disappointing to the pro-immigration community. All the more surprising is that it comes from a Governor who presumably wants to appoint someone who is going to appeal to one of the most pro-immigration constituencies of any state in the country. Unless Gillibrand dramatically changes her views on immigration, she will very likely face a primary opponent when her seat is up and Republicans could have a much better chance to take this seat. Here is how Gillibrand describes her immigration views:

Our immigration system is broken and hard-working Americans often bear the brunt of the federal government’s failure to secure our borders and provide adequate protections for the American worker and the shrinking American Middle Class. I believe the first step to fixing our immigration system is to stop the flow of illegal immigration. This can be accomplished by securing the Southern border, enforcing the employment laws on the books and ensuring that our farmers and businesses have the adequate number of legal workers after they have exhausted their search for American workers. I am firmly against providing amnesty to illegal immigrants. In my first year in Congress, I passed legislation on the floor of the House of

Representatives that would bar employers, who knowingly hire illegal immigrants, from receiving federal contracts.

In addition, I am a sponsor of the SAVE Act, which will hire 8,000 new Customs and Border Patrol agents, while utilizing new technology and fencing along the border. I have also sponsored the Legal Employee Verification Act, which would require all employers to verify, through the Social Security Administration, that their employees are legal. In addition,

I support reforming and streamlining the U.S. Citizenship and Immigration Services (USCIS) so that the extraordinary casework backlog will be addressed within two years. This is especially important for the thousands of farmers in our district who need legal workers. I am confident that Congress can enact reform without providing amnesty to illegal immigrants. This is a national and economic security issue for our country and I am committed to fighting for the American worker.

NumbersUSA, the anti-immigration group, gives her a high grade for her voting record because Gillibrand's rhetoric has been backed up by her votes.