Category Archives: Immigration

Why Does Immigration Matter So Much?

Source: Dante DeAntonio, Regional Financial Review, Vol. 29 no. 9, May 2019
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Given the demographic hurdles facing the U.S. economy, it becomes more clear that increasing immigration should be seen as a net positive. Although the changing face of immigration may provide slightly less support in terms of combating an aging workforce, the benefits of stronger labor force growth and the potential to fuel birthrates with a robust first generation remain clear.

Care For America’s Elderly And Disabled People Relies On Immigrant Labor

Source: Leah Zallman, Karen E. Finnegan, David U. Himmelstein, Sharon Touw, and Steffie Woolhandler, Health Affairs, Vol. 38, No. 6, June 2019

From the abstract:
As the US wrestles with immigration policy and caring for an aging population, data on immigrants’ role as health care and long-term care workers can inform both debates. Previous studies have examined immigrants’ role as health care and direct care workers (nursing, home health, and personal care aides) but not that of immigrants hired by private households or nonmedical facilities such as senior housing to assist elderly and disabled people or unauthorized immigrants’ role in providing these services. Using nationally representative data, we found that in 2017 immigrants accounted for 18.2 percent of health care workers and 23.5 percent of formal and nonformal long-term care sector workers. More than one-quarter (27.5 percent) of direct care workers and 30.3 percent of nursing home housekeeping and maintenance workers were immigrants. Although legal noncitizen immigrants accounted for 5.2 percent of the US population, they made up 9.0 percent of direct care workers. Naturalized citizens, 6.8 percent of the US population, accounted for 13.9 percent of direct care workers. In light of the current and projected shortage of health care and direct care workers, our finding that immigrants fill a disproportionate share of such jobs suggests that policies curtailing immigration will likely compromise the availability of care for elderly and disabled Americans.

Separated Children Placed in Office of Refugee Resettlement Care

Source: Department of Health and Human Services (HHS), Office of Inspector General (OIG), HHS OIG Issue Brief, OEI-BL-18-00511, January 2019

Key takeaway:
The total number of children separated from a parent or guardian by immigration authorities is unknown. Pursuant to a June 2018 Federal District Court order, HHS has thus far identified 2,737 children in its care at that time who were separated from their parents. However, thousands of children may have been separated during an influx that began in 2017, before the accounting required by the Court, and HHS has faced challenges in identifying separated children.

Proportion of Non–US-Born and Noncitizen Health Care Professionals in the United States in 2016

Source: Yash M. Patel, Dan P. Ly, Tanner Hicks, et al, JAMA: Journal of the American Medical Association, Research Letter, Vol. 320 no. 21, December 4, 2018
(subscription required)

From the abstract:
National estimates of the proportion of current health care professionals, including physicians, who are non–US-born or noncitizens are unknown. These proportions may be significant. For example, non–US-born medical graduates comprise approximately one-fifth of practicing US physicians, and among non–US-born medical graduates who match into residency positions in the United States, approximately 60% are not US citizens. Using data from the US Census, this study estimated the proportion of non–US-born and noncitizen health care professionals in the United States in 2016.

Who are the “Illegals”? The Social Construction of Illegality in the United States

Source: René D. Flores, Ariela Schachter, American Sociological Review, Volume: 83 Number: 5, October 2018
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From the abstract:
Immigration scholars have increasingly questioned the idea that “illegality” is a fixed, inherent condition. Instead, the new consensus is that immigration laws produce “illegality.” But can “illegality” be socially constructed? When initially judging who is an “illegal immigrant,” common observers and even authorities typically do not rely on an individual’s documentation. Instead, people rely on shared stereotypes to assign “illegality” to certain bodies, a condition we refer to as “social illegality.” Ethnographers have documented that individual traits like occupation or national-origin may trigger illegality suspicions, but it is not clear how widespread these stereotypes are, or whether all stereotypes are equally consequential. To address this question, we examine the personal attributes shaping perceived “illegality.” We apply a paired conjoint survey experiment on a nationally representative sample of 1,515 non-Hispanic white U.S. adults to assess the independent effect of each dimension. We find that national origin, social class, and criminal background powerfully shape perceptions of illegality. These findings reveal a new source of ethnic-based inequalities—“social illegality”—that may potentially increase law enforcement scrutiny and influence the decisions of hiring managers, landlords, teachers, and other members of the public.

Amid Legal and Political Uncertainty, DACA Remains More Important Than Ever

Source: Tom K. Wong, Sanaa Abrar, Tom Jawetz, Ignacia Rodriguez Kmec, Patrick O’Shea, Greisa Martinez Rosas, and Philip E. Wolgin, Center for American Progress, August 15, 2018

Note: The survey results can be found here. For more information on the survey, please contact Tom K. Wong.

Since it was first announced on June 15, 2012, the Deferred Action for Childhood Arrivals (DACA) policy has provided work authorization as well as temporary relief from deportation to approximately 822,000 undocumented young people across the United States.

From July 16 to August 7, 2018, Tom K. Wong of the University of California, San Diego; United We Dream; the National Immigration Law Center; and the Center for American Progress fielded a national survey to further analyze the experiences of DACA recipients. The study includes 1,050 DACA recipients in 41 states as well as the District of Columbia.

This research, as with previous surveys, shows that DACA recipients are making significant contributions to the economy and their communities. In all, 96 percent of respondents are currently employed or enrolled in school.

….Several years of data, including this 2018 survey, make clear that DACA is having a positive and significant effect on wages. The average hourly wage of respondents increased by 78 percent since receiving DACA, from $10.32 per hour to $18.42 per hour. Among respondents 25 years and older, the average hourly wage increased by 97 percent since receiving DACA. These higher wages are not only important for recipients and their families but also for tax revenues and economic growth at the local, state, and federal levels…..

Parents Were Targeted Under The “Zero Tolerance” Policy, A New Analysis Of Immigration Data Finds

Source: Adolfo Flores, BuzzFeed News, August 2, 2018

The Trump administration said family separation was the result of a “zero tolerance” prosecution strategy. But a new analysis shows that parents with children were the ones sent to court, while adults without kids weren’t.

Related:
“Zero Tolerance” at the Border: Rhetoric vs. Reality
Source: TRAC Immigration, July 24, 2018

….Family separations, the Administration stated, was the inevitable consequence of prosecuting everyone caught illegally entering this country. As the press widely reported, “[t]he Justice Department can’t prosecute children along with their parents, so the natural result of the zero-tolerance policy has been a sharp rise in family separations. Nearly 2,000 immigrant children were separated from parents during six weeks in April and May, according to the Department of Homeland Security.”

However, since less than a third of adults apprehended illegally crossing the border were actually referred for prosecution, the stated justification does not explain why this Administration chose to prosecute parents with children over prosecuting adults without children who were also apprehended in even larger numbers. As shown in Table 1, the total number of adults apprehended without children during May 2018 was 24,465. This is much larger than the 9,216 adults that the administration chose to prosecute that month.

Thus, the so-called zero-tolerance policy didn’t as a practical matter eliminate prosecutorial discretion. Since less than one out of three adults were actually prosecuted, CBP personnel had to choose which individuals among those apprehended to refer to federal prosecutors[4]. The Administration has not explained its rationale for prosecuting parents with children when that left so many other adults without children who were not being referred for prosecution…..

State Constitutions in the Era of a Shifting Supreme Court

Source: Rockefeller Institute of Government and the Government Law Center at Albany Law SchoolJuly 23, 2018

The Rockefeller Institute of Government and the Government Law Center at Albany Law School recently hosted “How Can State Constitutions Respond to a Shifting Supreme Court?” to examine the role state constitutions can play if the Supreme Court begins to roll back federal protections.

With the retirement of Supreme Court Justice Anthony Kennedy and the recent nomination of Brett Kavanaugh to take his place, the Supreme Court is expected to shift further to the conservative end of the ideological spectrum, with the potential for weakening or even extinguishing important constitutional protections.

Much attention is being paid to the possible implications for reproductive rights, protections for immigrants, affirmative action, environmental protections, LGBTQ rights, and other issues. So what does it mean for New Yorkers — or for states more generally? Although we often don’t think of state constitutions, many of them offer protections above and beyond what is provided in the federal Constitution.

What role can state constitutions play if the Supreme Court begins to weaken federal protections? In many ways, your position on the states-versus-federal rights issue often depends upon where you sit. Last year the Rockefeller Institute and Government Law Center at Albany Law School issued a report on the topic.

Related:
Protections in the New York State Constitution Beyond the Federal Bill of Rights
Source: Edited by Scott N. Fein and Andrew B. Ayers, the Government Law Center at Albany Law School and the Rockefeller Institute of Government, April 18, 2017