BETWEEN REVOLUTION AI\TD STASIS: .f.T.S. IMMIGRAUON AI{D REFUGEE POLICYIN L996
By Mark J. Miller
cprvrEn Fon ri,Tilrron SruDrES NEw yonr The Cenrcr for Migntion Studia is an educational, nonprolit institute founded in Mw York in 1964 to encoutage and facilitate the study of sociodemographic, eco- nomic, political, hist:rical, legislative, and pastonl *prio of human migration and refugee movemenu. The opinions expressed in this work arc those of the author.
BETWEEN REVOLUTION AI\D STASIS:
U.S. Immigration and Refugee policy in f9g6
Occasional Paper #9
Copyright @ lggg uy
THp CrmR FoR Mrcnnuox Sruprcs or Nrw yom, Iruc. 209 Fmcc plece Sremn IsLaND, Ny 10304
ISBN l-57703_0044
AII righx reserucd. The results of the November 1994 elections appeared to auger significant change in United States immigration and refugee policy. Indeed, observers spoke of seachange and revolution, terms rarely heard in a political system where the past is usually the most reliable guide to understanding the future. In particular, the outcome of Proposition 187 in the populous bellweather state of California, which sought to deny illegal resident aliens access to most goveurmental services, including education, was seen as a harbinger. Within a few mor\ths, a flurry of bills were introduced in both houses of Congress which
sought to reform legal immigration by reducing admissions and to curb illegal immigration through a
variety of measures. The principal novelty in some of the proposed legislation was the conflation of legal
and illegal migration.
Traditionally, legislators and policymakers viewed legal and illegal immigration separately. For
instance, when the influential Select Commission on Immigration and Refugee Policy reported its
recommendations to Congress and the President circa 1980, it differentiated the two. Congressional
deliberations on those recommendations dominated the 1980s and eventuated in two laws, the Immigration
Reform and Control Act (RCA) of 1986, pertaining to illegal migration, and the Immigration Act of
1990, pertaining to legal immigration. These two laws shaped the status quo which appeared to come
under frontal assault in late 1994.
The vote in favor of Proposition 187 reflected dissatisfaction with governmental efforts to curb
illegal migration as well as hostility towards immigrans. Many voters, in fact, do not differentiate
between illegal and legal immigrants. Moreover, many, if not most, Americans regard current
immigration and refugee policy :rs too generous. Most citizens know very little about current policies,
but this is not unique to immigration issues alone. Nevertheless, proponents of Proposition 187, which
included California Governor and then presidential hopeful Pete Wilson, quickly ascertained a national
trend in the California outcome. Critics of such an interpretation pointed to the disproportional eft'ects
of immigration upon California, the distress of the state's post-Cold War economy and selt'-imposed
-l- restrictions on the ability of California's government to raise revenues to rebut the - as California goes, so goes the nation-thesis.
The Clinton Administration clearly was alarmed by Proposition 187. It argued that the remedy proposed was too drastic, in some respects unconstitutional and, in sum, the wrong way to address the problem of illegal immigration. The Clinton Administration relied heavily on the analysis and recommendations provided by.the Commission on Immigration Reform, then headed by the late Barbara
Jordan. Not too much had been expected of the Commission on Immigration Reform, but that had also been the case of the Commission on Hemispheric Migration and Economic Cooperation during the Bush
Administration which recommended the approach to management of international migration reflected in the North American Free Trade Agreement (NAFTA). Paradoxically, of course, NAFTA did not specifically pertain to international migration save for a minor provision pertaining to admission of professionals because inclusion of explicit negotiations over immigration was deemed a "poison pill".
Mexican and United States viewpoints on international migration were too disparate and the immigration issub itself simply was too politically controversial. Inclusion would have doomed NAFTA politically in the U.S.
Barbara Jordan and other allies and spokespersons of the Clinton Administration pointed to the strengthening of border enforcement, particularly along the California-Mexico borcler, as cleterring illegal migration. They reminded voters of the 1982 U.S. Supreme C -2- hampering enforcement of employer sanctions The debate over Proposition 187 also engendered Mexico's involvement. The Mexican government denounced the referendum and supported a campaign of street demonstrations against it. Since its passage, the government of Mexico stepped up its efforts to defend its citizens in the United States. It has sharply criticized widely publicized cases of police brutality toward Mexican nationals and fatal accidents involving Mexican citizens which follow effors to evade the Border Patrol and police units. InresponsetothiscriticismandtoindicationsofprogressinjointU.S.-Mexicoeffortstocurtail smuggling of humans, the United States has countenanced expanded consular protection of Mexican citizens, including specifically Mexicans suspected of violating U.S. immigration law. Moreover, it appears likely that Mexico's electoral laws will be amended to permit some tbrm of absentee voting and dual citizenship. In essence, the Clinton Administration, following CIR, staked out a moderate, centrist position in an immigration debate marked by shrinking consensus and sharpening discord at the extremes. It defended legal admission of aliens and their rights. It opposed efforts to curtail illegal immigration which undercut the liberal status traditionally afforded permanent resident aliens. It began a campaign to facilitate naturalization. At the same time, the Administration backed CIR proposals to reintbrce the efficacy of measures against illegal immigration and illegal employment of aliens. A federal judge subsequently affirmed the apparent unconstitutionality of'several of Propositi 187's key provisions, most importantly those which would bar school attendance by illegal aliens. However, Proposition 187-like initiatives have begun in a number of other states. And a more conservative U.S. Supreme Court may evenftally revisit the issue, as some proponents of Proposition 187 desire. Very clearly, there was a direct connection between Proposition 187's viccory in late 1994 and adoption of a new immigration law in 1996. By July 1996, both houses of Congress had adopted immigration bills but the two texts varied sharply, In situations such as this, a cont'erence of key actors -3- from both houses of Congress is convened to attempt to work out compromise language amenable to adoption by both houses. President Clinton indicated that he would veto immigration legislation which barred the children of illegal aliens from attending school or which included a guestworker provision. For several months, it was not clear whether the immigration legislation would fall victim to election year maneuvering or, if it should be signed into law, what provisions would be included. U.S. political institutions make dramatic change very difficult. There is the division of powers between three branches of government and since November 1994, a situation that the French might term cohabitation-Republicans control the legislature and Democrats the Presidency. The principal outcome of the November 1996 national elections was perpetuation of cohabitation tr I'am6ricaine. Added to this have are the extremely complicated politics of immigration in a political system in which special interests enormous clout, particularly due to well-known loopholes in campaign financing laws. Indeed, so monumental are the barriers to effective governance in the immigration and refugee policy area that passage of a law like ttie much-maligned IRCA in retrospect borders on the miraculous. Many Americans are discontent with their government. There is widespread alienation and resident aliens, disenfranchisement. The latter problem is aggravated by large populations of permanent number of the estimated at twelve million, and illegally resident aliens, estimated at over five million. A U.S. most capable Senators and Congresspeople have optecl not to seek reelection. declaring that voting fbr government does not work. Some of this grassroots frustration undoubtedly was tapped in the proposition 1g7. The fact that so many legislators introduced immigration retbrm bills or voted tbr them Nevertheless, suggests that, for all its problems, the U.S. political system is responsive to its citizens. 1996 will decisions by key legislators like Alan Simpson and Paul Simon not to seek reelection in inevitably affect the future course of u.S. immigration policy. The mood surrounding U.S. immigration and refugee policy clearly had evolved markedly since lgg0 when adoption of the Immigration Act of that year reflected the iscendancy of dogmatic economic 4- liberalism, confidence in America's role in the emerging new international order and the influence of a number of scholars and policymakers who see only good in international migration. Indeed, the 1990 law was not extensively scrutinized and debated. It was adopted when adjournment of Congress was postponed. Months passed before is content was known. It contained provisions - such as a lottery system for visas reserved for certain nationalities adversely affected by post-1965 changes in U.S. immigration law, mainly the Irish - which were publicly criticized by officials of the U.S. Department of State. Nevertheless, it became the basis of current immigration law. In the summer of 1996, significant change did occur in US immigration law and policy, but from an unexpected angle. For several years, welfare reform had been debated and, in several states, especially Wisconsin, implemented. State-level welfare reforms increased support for federal-level welfare reform. As Congress debated welfare reforms, exclusion of illegal immigrants and certain classes of legal immigrants from receipt of Federal services and benefits emerged as a key component of the reforms envisaged. On August 22, President Clinton signed the Personal Responsibility and Work Opportgnity Reconciliation Act of 1996 (the Welfare Act) into law. Later, on September 30, he signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 into law. Together, these two acts significantly altered US immigration policy and law, particularly by excluding certain legally resident just aliens from receipt of governmental benefits and services. It was diffrcult to interpret, however, how far-ranging or dramatic the changes in law and policy would be for three reasons. The laws were very complex and much would depend on how they were interpreted and implemented. Much of their eventual effect would be conditioned by the resolution of legal challenges to key provisions of the two laws. Additional uncertainry arose from the proximity of the November 1996 elections. If re-elected, the Clinton Administration pledged to revisit the twcr laws and to modify features it opposed. Hence, 1996 did bring significant change to US immigration law and policy. But just how fundamental or far-reaching the changes will be remains to be seen. Some observers have interpreted -5- the welfare and immigration acts of 1996 as a dramatic departure, as a revolution of sorts. Some have seen in them vindication for the proponents of Proposition 187. A more cautious, less dramatic interpretation of them probably is warranted. In the end, using Tomas Hammar's distinction between immigration and immigrants policy, US immigration policy was not significantly altered by the 1996laws. Immigrants policy was. Republican- championed proposals for a legal immigration moratorium or for sharp reductions in overall admissions were defeated. Indeed, the value of legal immigration was reaffirmed in several key Congressional votes. On the other hand, the rights of resident aliens had been eroded. And it appeared that the government would be empowered to remove various classes of aliens without judicial review. Moreover, the 1996 Immigration Act promised to make deterrence of illegal immigration more credible at US borders and in workplaces. President Clinton signed the 1996 welfare and immigration acts with reservations. But by signing the laws, he positioned himself well to fend off attacks by Republicans on his immigration record. The GOP candidate did not succeed in making immigration a decisive issue in the campaign, although discussion of immigration figured more prominently in the 1996 electoral campaign than ever before in recent memory. Reaction to Proposition 187 and adoption of the 1996 welfare and immigration laws spurred voting by Hispanics. Significantly higher Hispanic turnouts were witnessed in major states like Florida, Texas and California which number among the states most aft'ected by international migration. A large majority of Hispanics, including first-time voters, supported the Democratic Party and sometimes provided the margin of victory in close races. The electoral consequences of emergent Hispanic voting blocs were best seen in Orange County, California, once a conservative GOP stronghold, but no longer so because of Hispanic voter registraiion and Democratic voting. 6- The Legal Immigration System There are four ways to gain lawful permanent residency in the United States. An alien may be admitted on the basis of family ties, for employment, via a diversity lottery, or because he or she is a refugee or asylee. Admission of immediate family members of U.S. citizens and the children of / permanent resident aliens born abroad is not subject to quantitative restriction. As seen in Chart 6, nearly 150,000 spouses of U.S. citizens were admitted in 1994. It is expected that admissions of immediate family members will continue to increase in coming years as there currently are long waiting lists for visa applications by immediate family members of permanent resident aliens. As over one million naturalizations were recorded by the end of Fiscal Year 1996, a figure that more than doubled the record rate of 460,000 naturalizations in Fiscal Year 1995, many of the new citizens can be expected to bring in immediate family members previously subject to numerical restriction. Admission to legal residency in the United States is ordinarily contingent upon the filing of a usually petition on behalf of the aspiring immigrant by relatives or an employer in the U'S. Petitions are the received by the Immigration and Naturalization Service and, if approved, are communicated to U.S' citizens Department of State. Applications which do not involve the immediate family members of U.S. date of the petition. are subject to numerical restriction and are assigned a priority date based on the filing employment A visa can be issued to the applicant, who is categorized either according to a family or preference, only if the priority date is within the range of visa availability dates established monthly by with one another the U.S. Department of State. All applicants subject to numerical limitation compete limit placed on for visas on a worldwide basis according to priority date. However, there is an annual was 28,016' the number of preference visas that can be accorded to each country. In 1995, the cap The U.S. Table I sumr.rarizes the current preference system categories and their numerical limits. to a Department of State adjusts the legislated timits each year based on usage the previous according complex formula. Hence, actual annual limits in some categories vary. -7- CHART A Immigrants Admitted' as rmmediate Relatives of u.s. citizens: Fiscal Year 1970-94 Thousands r60 140 t20 Spouses 100 80 I t I I 60 40 Parens .a_---, ,- Children -,---r -e^ ---- 20 --- 0 1970 tg72 tg74 t976 1978 19E0 1982 1984 r986 1988 1990 1992 t994 Source: 1994 Statistical Yearbook of the INS, p. l8 -8- TABLE I Categoric of ImmigrantLSubject to the Numericat Cap: Unadjusted and Fiscal year 1994 Limits Preference hovision Unadjusted FY 1994 limir Iimit Family-sponsored immigrants 465,000' 465,000' F amily - s p o ns o re d, prefe renc e s 226,0N 226,N0 Firsr Unmarried sons and daughters of U.S citizens 23,4c[' 23,400.' Second Spouses, children, and unmarried sons and daughters of permanent resident aliens l14,200 ' ll4,2o0' Third Married sons and daughters of U.S. cirizens 23,4W ' B,4o0 r Fourth Brothers and sisten of U.S. citizens (at least 2l ycars of agc) 65,000' 65.000 ' lmmediate relatives of adutt u.s. citizens (spouses, children, atd parents) arui Not Not children born abroad to alien residents limited ' limited ' Legalization Dependents 55,000 32,776 Em pl oyme nt- based p refertnces 140,000 143,213 First Priority Workers 40,040' 40,918' Second Professionals wirh I ! advanced degrces or aliens of exceptional ability 4o,o4o 40,9t8 Third Skilled workers, prof6ssionals, needed unskilled workers and Chinese Student hotection I Act 40,040 40.918 ' Founh Special immigrans 9,940 t0,230 Fifrh Employment creation ("Investors,') 9,940 t0,229 Diversity T[ansition 40,000 46,918 Total 700,000' 687,907' NOTE: The annuel timir ls rdjustcd brscd on ,,.rgc I visr iu r.hc prcviour ytrr. Thc numbcr of immcdiare rehivcs of cirizcns U's' inctuded in thesc figurcs is rssumcd to bc 239.0@. limitrdon: however' thc tmrncdiaa reratives may cnrcr wi,rour limir for family-sponsorcd prefccncc vis. in rriat ycrr t994 is ury adruncd in thc preceding cgurl;;;i,00;"us rhc number of imrncdiac year' Thc limit on family-sponsored prcfcrence visrs cu,ror go rcrauvcs bcrow . n'iniru,,, oiz26.00G-rhc wortdwidc prcrercncc vises' t visas not rimu of 465.000 l"'tigtt- pr"r.in"o r-ry'* ,r"o in . H[,fl:,H, -::',"rtfr|.':1:il1'."1" 'lJ thcse calcBoncs. prus unuscd Source: 1994 Statistical Yearbook of the INS, p. l5 -9- Under the 1990 law, there are four family preference categories which were allotted a total of 253,lzlvisas in Fiscal Year 1995. The first preference category, unmarried sons and daughters of U.S. citizens, was accorded a limit of 23,400 visas. If demand for visas of this type should fall beneath the limit, leaving unused visas, they would be transferred to the second preference category and so on. However, given the long waiting list for family second preference visas, there is little likelihood of underutilization. The family second preference is comprised of two subcategories, spouses and minor children of permanent resident aliens and adult, unmarried sons and daughters of permanent resident aliens. All together family second preference applicants were accorded a limit of l4l,92l visas plus any unused family first preference visas. Hence, as compared to visa availability for such tamily members of permanent resident aliens prior to 1990, the Immigration Act of 1990 increased visa availability to them by 75%. ln addition, the Immigration Act of 1990 authorized the grant of 142,031 visas to spouses au-d children of. aliens who legalized under the provisions of the Immigration Reform and Control Act (IRCA) of 1986. This special "transitional" measure ended in 1994. Table 2 summarizes changes in .{ admissions by preference category between Fiscal Years 1993 and 1994. The legalization programs eventually authorized by IRCA had been very controversial and did not include a provision for legalization of ineligible spouses and children of legalization-eligible aliens. Subsequently, the U.S. government adopted family fairness guidelines which tolerated the technically illegal presence of such immediate family members on U.S. territory. Despite the transitional program tbr immediate family members of aliens legalized under IRCA and the 75% increase in visas available to family members of permanent resident aliens under the second preference of the Immigration Act of 1990, there has developed a huge waiting list, some 1,138,52[4 by 1995, for family second preference visas. Most of the waiting applicants are Mexican citizens and spouses and children of aliens who legalized under IRCA are thought to represent 80% of the total pool of waiting family second preference applicants. More than three quarters of the three million aliens legalized under IRCA are Mexicans. -10- TABLE 2 fmmigrants Admitted by Major Category of Admissioru Fiscal Year 1994 Change Category of admission 1994 1993 Number Percent -11.0 All immigrans ...... 804,416 904,292 -99,876 -57,660 -8.0 Subject to numerical cap ...... -... 667,029 719,689 4.2 Family-sponsored immigrants ....'...'. 463,608 483,865 -20,257 226,776 -t4,Et 5 -6.5 F anily - s pons o rc d prefe re nc es ...... 2il,96/, Unmarried sons/daughters of 2.8 U.S. citizens ...... 13,18 I 12.819 362 Spouses & childrcn of alien 115,000 128,308 -r3,308 -10.4 rcsidens . Married sons/dau ghters of -5.I U.S. citizcns 22,r9r 23,385 -1,194 -675 -l.l Siblings of U.S. citizens 6l,589 62,264 -5,295 -2.1 Immediate relatives of U.S. citizerc 249,764 255,059 -596 -.4 Spouscs r45,247 t45,843 -9.7 Parents ...;...... -...... 56,370 62,428 -6,058 2.9 Children 48,147 46,788 1.359 Chidren born abrod to alien -147 -7.2 residents 1,E83 2,030 -2r.270 -38.4 lrgalization depcndens 34,074 55,344 -23,72r -16.1 Employment-based immigrants .....--. r23,29r r41,012 -61 -.3 Priority workers 21.053 2t.ll4 hofs. wittr advanced dcgrccs or -15.036 -5 1.0 of exceptional abilitY 14,432 29,468 -t0,733 _17 ) Skilled" pmfessionals, unskilled ...-, 76,956 E7,689 -5,618 -20.9 Chinese Studcnt hotcction Act .. 21,297 26,9r5 -8.4 Othen 55,659 60,774 -5. I l5 27.6 Special immigrans 10,406 8,158 2,244 - 139 -23.8 Investors 444 583 7,588 22.7 Diversiry ransition 41,056 33,468 42,2t6 -22.9 Not subject to numerical cap ...... t42,387 184,603 -74.6 Amerasians 2,822 l l,l l6 -E,294 -7,519 47.7 Parolecs (Soviet Union & Indochina) t,253 15,772 -5.909 -4.6 Rcfugce and asylce adjustmens .-..... 121,434 r27,343 - 18.256 -75.2 Total. I RCA le galiz.arion 6,022 24,278 -76.3 Resident since 1982 4,436 r 8,717 - 14,28 I -3,975 -7 r.5 Special Agricultural Workcrs ...'... 1.586 5.561 -2,238 -36.7 Othcr ...... 3.856 6,094 I of franccs(ccs) of U.S' citi"tu' lncludcr 6Ec6(,-s) of U.S. citizcns. ' ' Iocludcs cilldrcn Source: 1994 Statistical Yearbook of the INS, p. 20 - 11- The Immigration Act of 1990 increased legal immigration to the United States by 38%. Most of the increase benefitted employment-related visa categories which soared from 54,000 to at least 140,000 visas. About one half of all employment-related visas granted since 1990 have gone to aliens who adjust their status, usually from a temporary employment visa to permanent resident alien status. Five employment preference categories were created by the 1990 law. Perhaps the most controversial of these was the employment ftfth preference which allotted 10,401 visas in FY 1995 for investors. But in FY 1994 only 464 visas were used. The 1990 law also created a new so-called diversity visa category and two diversity programs, one transitional from 1992 to 1994 and the other permanent as of late 1994. The rationale behind diversity visas arose from concern that over three quarters of immigrant visas by the late 1980s were going to non-European-origin persons, mainly Asians and Latin Americans. Charts B and C disaggregdte immigrants by region of birth and by top five countries of last residence respectively. It was argued that groups like the Irish and Poles were disadvantaged by recent changes in immigration law and policy. UndEr the three year transitional diversity program, 40,000 visas were made available annually. Of these, at least forty percent were reserved for Irish citizens. In the permanent program, 55,000 visas are reserved for applicants who are randomly selected, contingent upon certain qualifications and a limit of no more than seven percent of the worldwide total of successful applicants hailing from any single country. Nationals of eleven countries which have sent largest numbers of aliens to the U.S. in recent years were excluded from applying. In 1996, applications were accepted by the U.S. Department of State between February 12 and March 12. Applicants were simply to write their names and the names of their spousesandchildrenonpaperandtomailittooneofseveralprocessingcentersintheU.S. Applicants also had to sign the paper and include a photograph to prevent fraud. Overall legal immigration to the United States in recent years has averaged one million. Under the 1990law, "a national level of immigration" of 675,000 per year was tbreseen. That level was viewed -t2- Chart B Immigrants Admitted by Region of Birth: Selected Fiscal Years 1955-94 1955 1960 1965 1970 r975 1980 r985 r990 1994 of the INS' p' l2 Source: 1994 Statistical Yearbook - 13- Chart C Immigrants Admitted to the United States from the Top Five Countries of Last Residence: 1821 to 1994 Mexico Philippines 14,000 China' Korea Victnam Othcr 12,000 Mcxico Canada Cuba Philippines Unitcd Kingdom Germany Othcr Unitcd Kingdom Canada Ireland Ircland Gcrmany GermanY Canada Italy Gcrmany Unitcd Norway/ Mcxico Kingdom Canada Swcdcn Unircd Mcxico Francc Othcr Kingdom Canada Unitcd Othcr Kingdom Othcr Italy 4,000 Othcr Ircland Ccrmany 2,000 United Kingdom Othcr l82l- l84l- l86l- l88r - l90l- l92r- l94l- 196l- l98l- r84o 1860 1880 1900 1920 1940 1960 1980 1994: , r Table 2 See Glossary for fiscal ycar dcfrnrtrons Chrna rncluder Mlnlurd Chinr urd Teiwur. Founccn-ycar pcnod. Sourcc: Source: 1994 Statistical Yearbook of the INS, p' 14 - 14- as flexible, because immigration of immediate family members of U.S. citizens remained unrestricted. The availability of visas in numerically restricted categories was to be adjusted in light of increases or decreases in the immigration of immediate family members of U.S. citizens. In addition to admissions to residency in the U.S., aliens may apply for a variery of temporary employment, visitor and student visas. Chart D reveals a pattern of summer+ime peaks in entry of tourists. The 1990 law signifrcantly altered laws and policies pertaining to non-immigrants by expanding the visa-waiver program for many foreign visitors and authorizing higher levets of foreign worker employment. Hl-B temporary foreign worker admissions, which are capped at 65,000 per year, have proven very controversial. The Secretary of the Department of Labor has complained of abuses where temporary foreign workers, particularly computer operators and engineers, have replaced laid off U.S. citizens or permanent resident alien workers. It is alleged that employers prefer Hl-B temporary foreign workers because they will work for less and under more trying working conditions. Chart E shows that the five countries sending the most temporary foreign workers are OECD states. { Naruralization Traditionally, the United States has welcomed naturalization and has viewed it as the desirable outcome to immigrant settlement in a democracy. Adult resident aliens become eligible tbr the grant of U.S. citizenship after five years of continuous residency. There are special provisions for c.ertain ctasses of aliens such as spouses of U.S. citizens who may naturalize after three years. In recent years, about eight-five percent of all naturalizations occur under the general provisions of the taw, fifteen percent under the special provisions. Naturalization is a voluntary process. Nevertheless, there had been concern over the growing population of long+erm resident aliens who chose not to naturalize. Studies showed that there were administrative urd other barriers to naturalization. One of the major initiatives -15- Chart D Calendar Years t99I-94 Thousands 2.400 tors for plcasure 2.2@ riit' ,r 2.000 / ri tl ri ,r r. 11 tl r !t .r.800 ,a t I ,1 ',1 , I t1 il tl ,t il ,l ,l t,600 ltrl it;.. ll ,r iitr ll ,r -!f t,400 ;\1-t'\.t- ,i ..-j,.,rl ,-t' i ii . r,200 .,! rt r i i ijtr.; r ,,.' '"i' t a.r\,; Y '-,.' r r , , it" t,000 , \\, a ',t, t00 t, t 600 Visrtors for busrncss Other 400 / / 200 \ 0 Jan. July Jan. July Jan. July Jan. July Jan. l99l r992 1993 1994 Source: 1994 Statistical Yearbook of the INS, p. 99 - I6- Chart E Nonimmigrants Adrnitted as TemporarJr Workers- Intracomoany Transferees. and Exchanee Visitors from Top Twenty Countries of Citizenship: Fiscal Year 1994 United Kingdom Canada Japan Germany France Mexico India Soviet Union China Philippines Brazil Australia EL ,US.-Canada and Nonh American B' F r.-Trade Agreement Workers ItalY !,;L-porary workers and trainees Spain ex"n*ge visitors Netherlands Q Ireland I Inracompany transferees Jamaica Sweden Korea Israel Thousands 35 40 45 55 60 65 NOTE: Chrna includes Mrinlud Chinr end Taiwrn. Sor,.r Un,on'ftifiifli-al*l indcpcndcnt stetes. 'Temporary wotkcrl rnd lnlnccs' rncludcstdmrssronclasrctH.O.P.Q.rdR(sccNonrmmiBranlAdmlstion-scctionoftcrtandTable4l). Also.secGlossarvlordcfiniuons oi nonrmmrgrant chstct of rdmrsrron. Source: 1994 Statistical Yearbook of the Doris Meissner was to encourage naturalization by making the naturalization process less onerous. Certain private organizations were authorized to facilitate naturalization by certifying that applicants met requirements concerning knowledge of English and other criteria. This innovation has contributed to the aforementioned dramatic upsurge in naturalizations. However, critics have complained that traditional standards have been diluted by the arrangement. Refugees. Asylum and Temoorar:r Protected Status The U.S. is a signatory of the Geneva Convention and, in 1980, adopted the Refugee Act which changed the legal definition of a refugee from one heavily influenced by the Cold War to one more consistent with the Convention. The Refugee Act of 1980 also authorized the President, after consultation with Congress, to set a yearly quota for refugee admissions. An average annual refugee admission level of 50,000 was foreseen. However, Chart F reveals that actual refugee admissions have been consistently higher than foreseen. fft; i,-4isaggregates refugees who arrived in the U.S. by nationality. ' Soon after the adoption of the 1980 Act, the United States confronted a dual challenge created by large-scale influxes of Cubans and Haitians. Unwilling to grant blanket refugee status to these entrants, they were paroled in under the discretionary power of the Attorney General who may authorize entry to such entrants if in the national interest. Such entrants are usually admitted to residency in the U.S. by special acts of Congress. Since 1980, then, an annual quota for refugee admissions has been set by the President. Quotas are set by continent and some groups! such as Soviet Jews until the late 1980s, were given so-called blanket certification by which they were automatically conferred refugee status. Once resettled in the United States, refug,:es are given various forms of assistance. They ordinarily r.djust to permanent resident alien status after one year in the United States. The setting of the urnual refugee quota has been criticized on the grounds that it is intluenced too strongly by electoral considerations and does not -18- Chart F Refugee and Asyleelnitial Admissions and Admissions to Lawful Permanent Resident Status: Fiscal Yep;r 194G94 Thousands 350 Initial admissions Admissions to lawful permanent rcsident starus I ,l , i1 , \\ ii I ,l It I , 1990 1994 1946 1950 1965 1970 L975 MrJor rtfuBec prognms 3n5-3t80 Indochinesc rcfu gccs parqlcd 1949-53 Displaccd Persons Act l97E-84 lndochincscRcfugcc l9E0 Rcfugcc-Parolcc adjustments bcgrn 195+57 Rcfugcc Rclicf Act Adjusolent Act admined .VE0 Rcfugcc Act admissions bcgan It/56-715E Hungarians parolcd 2n04EO Rcfugcc.Parolccs t98l Rcfugcc Acr adjustments bcgan t959 Hungariur adjustrncns begut l/59-3/80 CubursPuoled 1/80-10/80 Mariel boatlift 1966-80 Rcfugccconditionalcntrans 1967 Cubaa rdjutrrns began 1985-t7 Maricl adjustmcnts staNs and initial admissioru wcre thc same' NOTE: For rhe pcriod 1946-56. admissions ro lawful pcrmancnt rcsidcnt 73 Source: 1994 Statistical Yearbook'9f the INS, p' r, 'B'r- - 19- Table 3 Refugee Status Applications Filed and Approved and Refugees Admitted by Selected Nationality: Fiscal Year 1994 Refugee applications Refugee applicarions Nationality filed approved Refugee arrivals Total 142,068 105,137 ll4,47l Vietnam s4,802 34,427 33.204 Soviet Union (former) 42,205 39,887 44,095 Haiti ...... 10,400 I,436 3,674 B osnia-Herzegovina 9,963 8,790 5,gg l ' Iraq ...... 6,690 6,009 4,900 Laos 6.2t8 6,r3t 5,999 Somalia 5,430 3.465 3,508 Iran 1,624 I,025 954 Cuba I,496 1,072 2.904 Sudan I ,196 1,229 1.253 Other 2,044 l.666 7,989 ' This figurc is undcrstatcdl Bosnia-Hcrzegovina was not codcd in thc first guaner of fiscal year t994. Source: 1994 Statistical Yearbook of the INS, p. 74 -20- sufficiently address the needs of refugees in the direst of straits. From the late 1980s on, the U.S. has continued to face a challenge of mass entry from Haiti and Cuba and has large asyleeJike or "gray area" populations from several other states as well. Gradually, several protective statuses short of refugee recognition have evolved. The 1990 law provided for the granting of Temporary Protected Status and Deferred Enforced Deparnrre. Hundreds of thousands of aliens have been granted reneyable temporary residency and employment authorization as a result. However, the pattern of renewal of such temporary status and the adjustment of many aliens conferred that protection to permanent resident alien status has sparked resistance to further grant of such starus. Beneficiaries of Temporary Protected Status number over 200,000 and include Bosnians, Liberians and Lebanese among others. Deferred Enforced Deparnrre has been extended to Chinese and El Salvadorans. Aliens may also apply for asylum on U.S. territory. As seen in Tablel!. asylum applications in the U.S. suddenly skyrocketed in the late 1980s and, for a while, overwhelmed the asylum claim adjudication system. ,g:j disaggregates successful applicants between 1988 and 199a by nationality. In 1995, a number of steps were taken to reform the asylum application process and these measures have slowed the pace of asylum applications and have shortened the average time period for adjudication of an asylum claim. The key reform ended routine granting of employment authorization to asylum applicants. Under the new policy, applicants are not granted employment authorization for at least 180 days, unless a claim has been recognized as valid in the meantime. [n theory,-most cases are being abjudicated within six months, so the declared intent of the new regulation was to deter bogus asylum claims motivated by a desire for employment authorization. To ensure more rapid adjudication of cases and a reduction in backlogs, funds were authorized to double the size of the Asylum Offrcer Corps which specializes in hearing asylurn claims. New regulations and procedures were intended to errable quick adjudication of manifestly frivolous claims while ensuring a fair hearing to others. The record number of asylum applications received in Fiscal Year 1994 warranted these steps. -21- Table 4 fuylum cases Filed with INS District Directors and Asylum officers Fisc.rl Year 1973-94 Cascs Perccnt adjudicated approved I 973...... 1.9t3 1.5r0 1.t30 t.5t0 ,(, I 974 ...... 2.7t6 2.769 2.475 ?.169 r 0.6 t975 .....,...... 2.432 1.664 562 r.102 t.664 33.8 r976 ...... -. 2.133 1.914 590 t,324 1,9 14 30.8 r976. TQ ...... 896 370 91 273 370 76.2 t9n , I 9E0 ...... 26.512 2.000 I,104 E96 ?.000 55.2 r98t ...... 6 t .568 4,52t I,t75 1.36 4.52 t 26.0 33.296 r r,326 3.909 7.255 I 1.164 350 I 983 ...... 26.09r 25.47 1.2t5 r6.E r r 24.026 30.0 I 984 24,295 54.320 E.278 32.34 40.622 20.4 I 9E5 ...... 16.622 2t.528 4,5E5 t4,172 t 8.757 24.4 l 986 ...... I 8.8E9 45,792 3,359 7.8t2 I t.24t 29.9 r987 ...... 26.t07 u;tEs 4,062 3.454 7.5 l6 540 I 98E ...... 60,736 68.357 5.53 r E.582 l4.l l3 39.2 l 989 ...... r0r,679 l(n,795 6,942 3 t ,547 38,489 rE.0 r990 ...... 73.617 4t,342 4,1?3 24, l 56 28J29 t4.1 I 991 ...... -...... -.. 56.310 I 6.552 2,t0t 4.167 6.275 33.6 I 992 ...... :...... t03.964 2t.996 3.919 .6.506 10.425 37.6 I 993 ...... lrt4,166 34,X28 5.012 17,979 22.991 21.8 I 994 ...... t46.468 53.399 t.t3r 2E.r92 37.023 22.0 NOTE: The Rcfugee Acr of l9E0 went into cffcct April l. 1980. Dur for fiscd yerrs l9E2 urd 1983 hrve bccn esumrcd due to churgcs in rhc rcponrng proccdurcs dunng Orose rwo pcnods. Cascs complctcd covcr appmvds. danials. utd cascs othcnrise closcd. Cascs othcrwise closed are thosc in which rhc applica.nt wi0rdrew the case from considcradon, ncver rcknowlcdgcd thc requast for ur incrvtcw with the lNS. or dicd. Crscs ad.ludicated covcr approvals and denids. Sincc Aprill.lggl.aurhonryrodecidcmosrasylumclanuhasrcsidcdwi$thclNSAsylumOffrccrCorps. SecGlossryforfiscr.lyeardcfinruons. Source: 1994 Statistical Yearbook of the INS, p. 83 -22- Table 5 Number of Individuals Granted Asylum by INS District Directors and Asylum Oflicers by Selected Nationality Fiscal Year 198E-94 Nationaliry l 98E l 993 I 994 All nationalilics 9229 3,959 7,49 I 1,764 50 23 24 90 70 t59 l5 t64 l4 t7 26 22 ; 15 40 90 t50 679 34E 271 336 414 36 107 u9 t24 214 319 494 El Salvador t49 u3 260 185 il0 74 It7 Ethiopra 570 5t7 382 ,rc5 347 352 667 Guucmala 42 tv2 65 49 94 t12 371 Haiti ...... E ll 3 I 120 636 1.060 Hungary ,t0 33 ,l 5 I 2 l3 lndia 4 4 l3 18 357 5E4 723 u6 232 23t 347 638 t7 2t ,26 70 t0r zl4 7 38 36 56 19 85 Lcbanon 76 t6 67 il 65 9l Libcria 20 t0 53 2@ 247 305 Libya ...... 39 6 l4 22 20 Nicaragua 5.092. 703 341 29t 520 Pakistan 23 lt t3 t76 2t9 Panama 3lE 3 3 6 I Pcru ...... 24' 20 l t3 241 470 Poland .. 4t8 129 39 6 2 5E 3 Romania 398 6.50 2U 50 156 258 lE4 Russia .. 5l 233 565 Soma.lia 79 r28 2M 111 t2t t50 Sovrct Union I 47 127 264 3Et 5E8 242 I 10 u I6 62 E 73 133 248 36 63 l6 638 1.032 7 54 l9l ; l4 72 496 6E4 r65 r7E 459 EE6 1.685 ' Thc 1.959 rndivrduals known ro have becn grurrcd asylum were in the 2.740cascs in thc dausystrm. An additional 1.179 cases wcrt grantcd rsylum, butrhc number of indivrdur.ls covcred and therr natronalidcs ua untnown. t Bc9nnrngrn lgg2.somccldrulrlcdbypenonsfromthcformerSovietUnionwercrccodcdundcrthcncwSovietrepublics. - Rcprescnu zcro. Source: 1994 Statistical Yearbook of the INS, p. 84 -23- The Asylum Officer Corps interviews claimans at eight offices nation-wide and applicants can also be interviewed at INS offices. The largest groups of asylum claimants are from Central America. The asylum process has attracted a great deal of criticism in recent yffirs. A number of incidents of political terrorism were perpetrated by asylurn claimants. Moreover, many claimants denied asylum have been able to stay on in the United States. Insufficient personnel, detention facilities and budgetary resources make repatriation of aliens denied asylum a weak link. U.S. officials are cognizant of this shortcoming and the 1996 immigration law includes a number of provisions to remedy it. Specifically, it requires the Attorney General to increase the number of asylum officers by 600 by L997 and severely restricts judicial review of asylum decisions. U.S. immigration law restricts the number of asylees who can adjust to resident alien status to 10,000 per ye:r. Illegal Misration Each year, several hundred thousand aliens are thought to take up residency and usually employment, illegally. There are no credible estimates of the total illegally resident population, but many policymakers and scholars place it in the range of three to five million. Table 6 is one such estimate. Most illegal aliens are thought to have entered the U.S. legally but to have violated the terms of their entry. Others enter illegally. The U.S. border with Mexico is thought to be the major conduit tbr illegal entry. Mexican citizens undoubtedly constitute the majority of aliens who illegally attempt entry along the U.S.-Mexico border, but large numbers from other countries do as well. Concern over illegal immigration gave rise to adoption of IRCA in 1986. In addition to authorizing the legalization of some three million aliens, IRCA made illegal employment of aliens subject to civil and criminal penalties. Employers v ere required to complete an I-9 tbrm attesting to employment eligibility for each new hire which. in principle, enables investigators to enforce the penalties. However. many forms of proof of employment eligibility initially could be used to complete the I-9 tbrm which -24- Table 6 Btimated Illegal Immigrant Population for Top Twenty countries of origin and rop Twenty states of Residence: october 1992 Country of origin Population State of residence Population AII countries 3J79,000 All states 3J79,000 L Mexico 1,321,000 l. California I,44 t,000 2. EI Salvador 327,000 2. New York 449,000 3. Guatemala 129,000 3. Texas 357,000 4. Canada 97,000 4. Florida 322.000 5. Poland 91,000 5. Illinois 176,000 6. Philippines 90,000 6. New Jersey r r6,000 7. Haiti 88,000 7. Arizona 57,000 8. Bahamas 71,000 8. Massachusetts ...... 45,000 9. Nicaragua 68,000 9. Virginia 3s,000 t0. Italy ...... 67,000 10. Washingron 30,000 ll. Honduras ...... 6l,000 IL Georgia 28,000 12. Co1ornbia ...... 59,000 t2. Maryland 27,000 13. Ecuador ...... :... 45.000 r3. Colorado 22,000 14. Jamaica 42,000 t4. Oregon 20,000 15. Dominican Republic...... 40,000 15. New'Mexico 19,000 16. Trinidad 39,000 & Tobago ...... 16. Nevada r 8,000 t7. Ireland 36,000 t7. Pennsylvania ...... t 8.000 18. Ponugal 3l,000 r8. North Carolina ...... t7,000 19. Pakistan 30,000 19. Connecticut 15,000 20. India 28,000 20. District of Columbia .... 14,000 Other 618,000 Other t5l,000 Source: 1994 Statistical Yearbook of the INS, p. 179 -25- ensures employer compliance with the 1986 law. Aliens laking employment authorization were readily able to circumvent the law by purchasing counterfeit documents. In recent years, the Immigration and Naturalization Service QNS) has reduced the number of documents that can be used to attest to employment eligibility but document fraud remains a pervasive problem. IRCA authorized the INS to enforce the prohibition against unauthorized employment of aliens. In recent yeius, a corps of some seven hundred INS agents has enforced employer sanctions, but overall enforcement has been criticized for its weakness. One barrier to more effective enforcement was a Congressional mandate to focus INS personnel time on arrest and removal of criminal aliens. As anested by Table 7, deportations of criminal aliens have soared, but this effort meant that fewer agent hours were available for enforcement of employer sanctions. Enforcement is targeted at certain industries known to rely heavily on unauthorized alien labor. Under a memorandum of understanding between the INS and the U.S. Department of Labor, labor inspectors will examine I-9 compliance and report suspicious employment practices and noncompliance to the INS. Labor inspectors are legally able to inspect the premises of a firm without prior notification. The INS routinely notifies employers of its intent to visit to check on I-9 compliance several days prior to the inspection. Special, more restrictive rules apply to INS inspections of agricultural employers. The major enforcement innovation of late has been implementation of an experimental and voluntary service in which employers verify the employment eligibility of new hires who are not U.S. citizens by calling in the name and identification document provided by a new hire to the INS. Initial results of this experiment in Southern California have been encouraging and the INS plans to expand it to other parts of the country, including areas with large meat-processing plants. The telephone verificaticn system is not used for individuals who claim to be U.S. citizens. The INS also has experimented with beefed up border interdiction at two key points on the U.S.- Mexico border. Along the border south of San Diego, Calitbrnia and north of Tijuana. Mexico. new -26- Table 7 Aliens Deported by Cause Fiscal Years l98l-94 Convictions Rclrrcd to Violuion of Eotcrcd for criminal criminal or nonim- Ycar Total without othcr or narcotics arrcotics migrant iaspcaion violations violations 3l8lUS 356,952 TEJIO 3psl t9t24i It,6{5 1160r 2r2,E0r 33,030 tE27 t53rE3 ls,E:ll tt37 t6,720 310 5,f 13.@l 1,959 796 t4.5lt 413 a I1.554 r.796 691 tt,232 t63 93 l4,3lt 1.958 l.oiJo t7,fi1 9il t0 140t2 1,702 762 21.35t I,55 t t5l 16,957 1.9t6 7t3 22302 va 165 l7.t04 1.863 763 22.324 4.t0E n3 ts,il9 t.273 t5l 23.il9 5,473 30t t5,32'3 995 t.@0 30.425 7,A22 342 20.636 t.243 1.t82 26.203 t0,@2 297 l3.l E9 t.r26 9t9 144,144 go,4t0 Lru u,962 \Et4 3Je{ 2t.817 t5,5r9 176 10,908 968 t.0r6 3t.421 2\336 690 13.423 t56 l.t l6 37.216 25.066 4t5 10.332 573 il0 39.620 27.559 473 t0.299 67 tzz NOTE: Thc dcfinirion of which r.licnr counrcd u crimrnd rliens chrnged in 1990. Source: 1994 Statistical Yearbook of the INS, p. 166 -'27 - physical impediments to illegal entry have been constructed. This new wall and fence barrier combined with deployment of more and better-equipped Border Patrol officers have made it more difficult to cross the border illegally. Illegal immigrants are adapting by entering further to the East but this more difficult, costly and dangerous. Near El Paso, Texas, an initiative by a local Border Patrol officer has developed into a much publicized effort to stymie illegal entry essentially by increasing the deployment of Border Patrol officers. Evaluations of the stepped up border enforcement in the El Paso area have varied. Table 8 summarizes the principal enforcement activities of the Border Patrol from 1988 to 1994. There is no scholarly consensus on how to interpret the implications of these statistics. Despite the commitment of greater personnel and budgetary resources to measures aimed at stopping and deterring illegal alien residency and employment, it persists. The INS has received the largest budget increases of any agency of the Federal government in recent years. Supporters of stepped up enforcement measures believe that illegal immigration and employment would be more extensive in their absence while critics regard greater enforcement efforts as misguided, subject to the law of diminishing returns and, in some instances, as counter-productive and dangerous. It is thought, for instance, that a number of illegal entrants have perished because heightened border controls led them to attempt more dangerous illegal entry in remote arqs. Summary of the Major Provisions of the 1996 Immigration and Welfare Laws The provisions barring legal immigrants from governmental benefits and services have overshadowed a number of provisions aimed at curbing illegal migration. The 1996 immigration law authorizes hiring of thousands of additional INS officers and provides resources for more extensive enforcement activity by them. Much of this effort will go into border and port of entry enforcement bur also should result in stepped up entbrcement of employer sanctions. The new immigration law authorizes -28- Table 8 Principal Activities end Accomplishments of the Border Patrol Fiscal Years 1988-94 Activitics aod ,l t9t9 t990 t99t rccomplishmcos t9tt t992 t993 1994 Pcroos epprebcuded 9t0s24 906J35 l,lzlg I,l515dr l12l,9u t#rJzt l,(x6576 Dtporreblc dicos locrrcd * 9592r4 t9t,l47 I,103J53 I,1319:liH I,199J60 1163.490 1.031,65t Mcrlcra dlos ...... : vttztt t30,9ts 1,05{E{9 I,qrs,l4+8, I,16t,945 rl70,ru 999,890 Working in agriculture ...... 3,333 2592 4,66t 4,7Vl 5.4tt 5.393 5.t62 \l/orking in F.dcs. crafts. ;:l 'iodustry, and scrvicc ...... 9.969 5.616 7,W t.095 7.t65 7,.O3 t,06t lVelfarc/sccLing employnrnt $8,24 727,m t65.739 97t.807 t,065.159 l.l17.4t4 901.826 Canrrlils alicns ...... ,...... 4237 5297 5,7$ .: c,eeo 6.167 5249 3.400 All othcs 36.699 54,865 42,75t 3t,t45 24,U7 2E.n7 2t.37t Smugglcn of alicrs loc{d ...... 10,373 13,794 . 21.90t {t.126 t7237 t5,26 14.t43 Alieas locatcd who wcrc smugglcd into thc Unircd Srrr.s 50,ITL 50,63E 7t,049 , 64.170 69.53E t0.835 92,9y 't4.26t Scizues (convcyurccs) 6,U3 t0.789 t7.275 I1.391 10,995 9.1 34 Vduc olsctnrns (dollrrs) ...... 72L2t3,g,X) r,,r\1aAer r{3.5610s5 950,r9f117&;: t2A7,93t,634 rJt2,t9tJt7 1J9t,053.6t9 Nucotics 7m.523,il0 r.t91,505.r3r 797,768,179 el0.t4fJlr{f,i t.2t 6.E33.993 t.337.766.37t I.555.73 t.9E7 Otbcr ...... 20,690,1t9 2t.2t9,360 15,793.E76 40.053.03? - 31.104,641 45.132.145 12.321.612 : ,,b NOTE: Dru on rlicns previously axpclled. alienr lcrrcd with previous crimind records. conveyrnccs cnmtned. utd persons qucsuoned shown in grcvious Ycarbuks trc not rvrileble strrdag with fiscrl ycrr 1990. , t+:- g EE6YEL' 1994 Statistical Yearbook of the INS, p. 173 . r3 d'5-- JL .'fi-E" , ::: iis 5.:.:i r €EB,#* .TEH? ' ::ik3i.i' j-""r;.t -,qEt++,fr -29- .a,-=-r'-d -,,s_{i..+.s', a * .A several experimental employment authorization verification pilot projects and requires INS to open an office in each of the fifty states. Aliens caught attempting illegal entry can be fined $50 to $250 and penalties will double for those previously fined. Moreover, procedures and grounds for removal of aliens were changed and resources were provided to build additional detention facilities for aliens and to pay for repatriation. All of these mq6ures were expected to make deterrence of illegal immigration more credible. Additionally, the new laws allowed governmental employees to notify the Immigration and Naturalization Service if they suspect an individual is not a legal resident or legally employed. Several cities, such as New York City, had adopted policies which specifically prohibit such exchange of information. Indeed, the Mayor of New York Rudolph Guliani declared his intention to challenge the legality of this information-sharing provision along with certain other provisions of the two laws. Concerning legally-admitted aliens, most future immigrants will be proscribed from receiving benefits under federal programs during their first five years in the United States. There are numerous exceptions to this general rule. However, beginning January l, L997, aliens who are not qualified become ineligible for federal, state or local public benefis under these specifications of eligibility for such aliens by a state government. Henceforth, most noncitizens will be ineligible for supplemental security income, a program for persons aged over 65 and poor, and for food sftImps. One report estimated that 500,000 immigrants could lose Supplemental Security Income and 900,000 could lose food stamps as a result of the laws. However, many of the aliens in these estimates were also thought to be qualified for naturalization and would likely regain eligibility if they became US citizens. A great deal of confusion arose over the likely ramiftcatiorrs of the two laws because it was unclear how they could be implemented. State-level governmental agencies often did not have the ability to distinguish between qualified (eligible) aliens and those who were ineligible. To do this, they rvould -30- need to rely on an INS verification system. The Welfare Act of 1996 authorized the Attorney General, after consultation with the Secretary of Health and Human Services, to promulgate regulations for a verification system within eighteen months. After that date, the various states will have two years to establish verification procedures that comply with federal regulations. Relatedly, the 1996 immigration act sets standards for birth certificates and state-issued identification documents while prohibiting federal agencies from accepting such. documents unless they meet the standards. The U.S. Department of Transportation must issue regulations which will require state-issued driver licenses to be tamper-resistant and based on presentation of evidence of identity and a social security number (with some exceptions). Moreover, the Social Security Administration was required to develop a prototype of a counterfeit- resistant social security card. Another way that legislators sought to reduce legal immigrant utilization of public benefits was through alteration of sponsorship rules. Under the Immigration and Nationality Act of 1952, as amended, sponsors of legal immigrants were not legally bound to provide the financial and other support pledged in the affidavit of support. Under the new immigration law provisions, sponsors are required to earn 125 percent of the poverty level to qualifu for sponsorship (although other individuals may accept joint liability with a sponsor.) And, state agencies are entitled to seek reimbursement from sponsors for costs incurred by aliens. If the sponsor does not respond to an agency request for reimbursement within forty- five days, the sponsor can be sued. The Broader Context of U.S. Immigration and Refugee Policy Increasingly, initiatives in areas that are not the exclusive purview of US immigration and refugee policy are bearing heavily on it. Welfare refoim is one example. Signature of the North American Free Trade Agreement (NAFTA) was another. NAFTA was unusual in that it did not pertain to international migration. However, by further -31- reducing barriers to trade, NAFTA was expected to enhance prospects for investment in Mexico. Job- creating investment and economic growth would enable Mexico to absorb its labor force and reduce economic incentives to emigration. NAFTA-related liberalization of the Mexican economy also entailed risks. The most important of these were the effects of decreased subsidies and protection for Mexican firms and industries, especially its farmers in the traditional ejido sector. Interestingly, far more attention was paid to possible adverse ef,fects of NAFTA upon the U.S. Yet NAFTA was much more important to Mexico because its economy is dwarfed by the American. Annual GNP for Mexico roughly equalled that of Los Angeles county alone. Economic growth is rarely a uniform process. And liberalization and growth do not necessarily produce expanded employment. Thus far, there is little reason to believe that NAFTA has significantly reduced pressures and incentives to emigrate. Instead, the Mexican President who championed NAFTA is out of office and disgraced. The U.S. has had to bail out Mexico on the verge of financial ruin and several insurgencies have heightened fears about Mexico's political stability. By signing NAFTA, Washington raised its stake in Mexico's future but that future seems less rosy than it did when NAFTA was signed. In the Caribbean, major U.S. foreign policy initiatives appear to be driven by immigration-related concerns. The U.S.-backed and U.N.-authorized military intervention in Haiti was designed to staunch the hemorrhaging of refugees to the United States. [n essence, the U.S. has sought to ensure sufficient political stability in Haiti to prevent further Haitian asylum applications. Relatedly, the measures taken to provide refuge for Cuban boat people at the U.S. Guantanamo Bay military facility in Cuba were driven by concerns over the political ramifications of further mass entry by Cubans. Florida's electoral votes are a major prize in any U.S. presidential election and is electorate is increasingly influetced by immigration and refugee issues. Developments such as these indicate a growing awareness of the saliency of international -32- migration-related issues in international and domestic policy affairs. The U.S. Department of State now includes international migration considerations in its long-term planning and the various national security agencies are increasingly involved in policymaking. Indeed, the NAFTA proposal floated by then Mexican President Salinas was referred to the National Security Council which recommended support for the idea on the grounds that U.S. secuiity was inextricably bound up with that of Mexico. It was felt that major unrest and upheaval in Mexico would adversely affect u.S. security. The stakes are growing and this means that policymaking in related fields increasingly affects U.S. immigration policy and law. U.S. leaders and top policymakers seem aware of linkages between development and migration. But the domestic political climate is very hostile to foreign assistance, except to Israel and, to a lesser extent, Egypt. Consequently, the U.S. lags far behind other industrial democracies in foreign assistance per capita. This and other signs of self-absorption are worrisome because a unilateral, go-it-alone approach to international affairs clearly is dysfunctional and potentially disastrous in the late twentieth century. On the whole, however, the evidence suggests that the U.S. is slowly adapting to the exigencies of this more inter-related world. One can reasonably expect the trend toward growing migration-consciousness in policymaking areas like defense or social policy to continue. As the sole remaining superpower, perhaps even a hegemon, the U.S. has an enormous stake in global order. International migration often is a symptom of underlying distress and disorder in the international system. There has been a growing appreciation of the immensity of the challenges to international order and security in the post-Cold War period. This has been reflected in the more frequent authorization of the use of U.S. military forces in humanitarian relief missions. -33- BIBLIOGRAPHIES AI\ID DOCUMENTAIION SERIES GLOBALIZAIION AI{D HUN,IAN RESOURCE EMPI.OYER SA}.ICTIONS IN MANAGEMENT: }{ONIMMIGRANT vIsA VLSTERN EUROPE STRATEGIES AI{D BEHAVIOi, OF U.S. NNT,IS b7 MarkJ. Mitlet $ Charhs lGcly 1987. Pp. 1998. Pp.75 67. Schct ISBN 0-934733-20_r. $9.95 /S8/V I -57703-0 r 2-5. g r 9.9i TNTERNANONAL IABOR MIGRAIION BETITEEN REVOLUTION A},ID $Iil,SIS: U.S. : A Study of ASEAI.I Countries IMMIGRANON AND REzuGEE POLICY IN T996 b7 Marh Miller by Charbs W Stuht 1997. Pp. ii 1986. Pp.67 ISBN /S8/v r -57703-0044. $21.oo 0-9r325G91 -9. $9.95 NE:W IMMIGRAIVTS INTERNANONAL MIGRANON AND TITEORIES TO BROOKLYN AIYD OF VORLDPOLITICS: Assessments and Lcssons QUEENS: Policy Implications Espccially 6om thc'Western Eutopcan C,asc with Rcgald to Horuing by Marhl, Mitlcr and b7 Dcmctrious Papadcncniou Robcrt A. Dcnnarlc 1986. I?. 165. Bibliography. Inda t994. Pp. 54 ISBN 0-91325643-3. $35.00 ISBN 0-9i4733-76.7. $9.95 AN AI{NO'TATED BIBUOGRAPHY POPUI,ANON DYNA},TICS ON STHTEN ISI.AND: OF SERIAIS ON MIGRATION From Ethnic Homogcncity to Divcmity by Siluano M. Tbnzsi Ne H. Yousscf b 1978. Irp. 14 199t. Pp. : 85 ISBN 0-98256254. $3.00 ISBN 0-93473342-7. $9.95 TIIE DISPOSABLE \UTORI(ER: MIGRAflON-DEVELOPMENT Historical and Comparatirrc pcrspcctives TNTERREIANONSHIPS: on Oandcstine Migration Thc Gse of thc philippincs by Charbs B. Kccly and by Gbnni Agostinclli Siluano M. Tonasi 1991. Pp. j3 1976. Pp.34 rstsN 0-934733_59_7. $5.00 . ISSiv 0-913256-22_6. $i.00 209 Fr,rcc Pr.rcE, SrerrN Isr,rND, Ny lO3O4-l122 Tur,pxoNe (718) lJ1-6969 Fer (718) ieTqilgg E-I{AIL: CMSLFTQAOL@M: VEBSITE rrfi,lrvwGvsbry.ORc