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Work permits and auctions: A look at two new proposals for granting work visas to immigrants

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There are a couple of new proposals for granting work visas to foreign workers, one of them legislative, the other a private proposal put together by an economist. They couldn’t be more different, but the one thing they have in common is that they are drawing their share of controversy, as might be expected in this economy. Here are some details on both.

1) The private proposal: It’s a novel one. Commissioned by a think tank to come up with an immigration reform plan, UC Davis economist Giovanni Peri has proposed a system that would have employers competing in a quarterly electronic auction for work permits. In essence, the permits to hire foreign workers would go to those most willing to pay, with bids starting at $7,000 for high-skilled workers, less for lower-skilled seasonal workers. But in case it sounds like indentured servitude, visa holders would be allowed to change jobs, according to the plan.

The idea would be to replace the current system of quotas, long waits and lotteries, with eventual plans to expand the auction system while restricting the family-sponsored visa system. At the same time, workers who stay could eventually apply for legal resident status. From the proposal:

Not only does the U.S. system fail to identify immigrants with skills needed in today’s economy, it also fails to respond to changes in those needs with economic circumstances. The system’s numerical limits and quotas are arbitrarily fixed and infrequently changed. Labor market conditions have no effect on the number of employment-based visas: when times are good, growth robust, and the needs of American businesses greatest, no visas are added, and when times are tough and growth slower, visas are not reduced (nor is their price adjusted).

When temporary immigrants do come to work, they often have little incentive to invest, assimilate, and sink roots in the United States because of a painful disconnect between temporary work visas and the possibility of a permanent work visa.

The paper describing the plan is an interesting read. The entire proposal can be viewed here.

2) The legislative proposal: Applying only to California, it’s called the California Agricultural Jobs and Industry Stabilization Act. Introduced by Democratic Assembly member Manuel Perez, whose district lies in California’s agricultural southeast, the measure proposes granting work permits to tens of thousands of undocumented workers already employed in agriculture and service jobs, allowing them to live here legally. In a strapped state economy, that it has managed to clear an Assembly committee is impressive, but its level of support is mixed.

From a legislative analysis of the bill, which “requires the Employment Development Department (EDD) to issue permits authorizing an undocumented person who meets specified criteria to reside and work as an employee in the state.”

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Now that the Supreme Court has taken up SB 1070, what happens next?

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On Monday, the U.S. Supreme Court announced that it would take up an appeal by the state of Arizona regarding SB 1070, the state’s controversial and trend-setting 2010 anti-illegal immigration law that has since inspired similar laws in other states. Before it was implemented in July of last year, a federal judge in Arizona blocked some of SB 1070′s main provisions, including one that would empower local police to check the immigration status of people they suspect of being in the country illegally.

The Supreme Court justices won’t be weighing the merits of SB 1070, but rather the merits of the lower federal court judge’s decision, made pending a constitutional challenge from the Obama administration filed shortly before the law took effect and since upheld in appeals court. That lawsuit asserts that immigration law is the domain of the federal government, pre-empting state attempts to set their own rules.

So what happens next? Explaining the legal stakes is law professor and immigration blogger Kevin R. Johnson, dean of the UC Davis School of Law and an editor of the ImmigrationProf Blog. A few months ago in an analysis of the SB 1070 case, Johnson predicted that the Supreme Court would take up Arizona’s appeal, and weighed in on the potential influence of Chamber of Commerce v. Whiting, a case involving a 2007 Arizona law forcing employers to check workers’ legal status, which the high court upheld this year.

How the justices rule on the case, which is expected to be heard in the spring, could among other things affect the temporary injunctions issued by lower federal courts blocking the stricter provisions of SB 1070-inspired laws in states like Georgia, Alabama and South Carolina. These include, for example, an especially divisive portion of Alabama’s new anti-illegal immigration law that would have public schools check the immigration status of students.

In Chamber of Commerce v. Whiting, only eight of the nine justices considered the case, with Justice Elena Kagan recusing herself; Kagan has also recused herself from the SB 1070 case, meaning the court could be split. Johnson explains the details:

M-A: The Supreme Court has decided to review Arizona’s appeal on the SB 1070 case. Just what will the court be weighing?

Johnson: Technically, the court will be reviewing the Ninth Circuit’s affirmance of a district court injunction barring four sections of SB 1070 from going into effect.

As a practical matter, the court will be reviewing the same federal preemption arguments that were raised in the district court and Ninth Circuit.

M-A: How could a decision affect the temporary injunctions blocking of portions of similar state laws, such as in Alabama and Georgia?

Johnson: Depending on whether there is an opinion (which there would not be if the court was equally divided 4-4), the opinion could have a big or small impact on the other state immigration law cases, depending on how broad or narrow the court’s opinion was.

Even a narrow opinion, however, would, I think, have an impact on the other state laws that resemble in important ways Arizona’s (including Alabama, Georgia, and South Carolina’s).

M-A: Based on lower court decisions, the previous SCOTUS decision on the Arizona E-Verify law and other precedents, which way do you think the court might go?

Johnson: Hard to say. If the justices line up as in Whiting, it could be 5-3 for reversal (of the lower court’s ruling to block parts of the law). If Justice Kennedy changes his mind, it could be 4-4.

In that event, the Ninth Circuit’s decision affirming the injunction of four provisions of SB 1070 will remain in effect. If other justices who upheld the Arizona law think that SB 1070 is a very different law, then the majority for affirmance could grow.

M-A: So to make clear, the court is not weighing the constitutionality of SB 1070, correct? At what stage is the federal constitutional challenge to the state law?

Johnson: The court will decide whether, at this stage of the litigation, SB 1070 is preempted by federal law. This is a constitutional law question under the supremacy clause that makes federal law the supreme law of the land. Thus, a constitutional question is at the core of this case. The court could duck it but probably, in my view, won’t.

In July of last year, as SB 1070 was set to take effect, Johnson provided his take on the federal government’s constitutional challenge to the Arizona law in another Multi-American Q&A.

Is coming to America bad for your mental health?

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A new report from a mental health study of Mexican immigrants has found that immigrants to the United States face more than four times the risk of depression as those who don’t immigrate, and that in general, coming to the U.S. increases their risk of depression, anxiety and other problems.

Yesterday the Archives of General Psychiatry published the results of a cross-national study conducted by UC Davis and Mexico’s National Institute of Psychiatry. The study analyzed data from interviews with approximately 550 male and female Mexican-born immigrants and approximately 2,500 peers who remained in Mexico, comparing the U.S. group with same-aged, non-immigrant relatives. From the UC Davis website:

It found that during the period following arrival in the United States, Mexican migrants were nearly twice as likely (odds ratio of 1.8) to experience a first-onset depressive or anxiety disorder as their nonmigrant peers. However, the elevated risk among migrants occurred almost entirely in the two youngest migrant groups, those between 18 and 25 years old and those between 26 and 35 at the time of the study.

The greatest risk was experienced by the youngest migrants, who were 18-to-25 years old at the time of the study. Their odds of suffering from any depressive disorder relative to non-migrants was 4.4 — or nearly four-and-one-half times greater — compared with 1.2 in the entire sample.

Recent news reports have focused on the mental health of the children of immigrants, such as Latina teens, who have a high rate of attempted suicide. But being a stranger in a strange land brings with it its own tremendous stresses – learning a new language, economic anxiety, raising children in a foreign environment – that can affect mental, emotional and physical health.

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Q&A: Catching up with Arthur Mkoyan, now in college, but still in immigration limbo

Last week, when college students invested in the Dream Act gathered around the country to anxiously watch the results of voting in the House and Senate, one of those on the edge of his seat was Arthur Mkoyan. The Armenian-American former high school valedictorian from Fresno made national headlines two summers ago when, as he prepared to graduate, he and his parents were arrested by immigration authorities. A deportation date was set for shortly after his graduation.

In June 2008, Sen. Dianne Feinstein introduced a private bill that granted them a temporary reprieve. Mkoyan is now 20 and in college. But his immigration status remains in limbo, since private bills rarely succeed. The family arrived on temporary visas when he was four years old. Mkoyan’s father, a government worker in his native country, felt threatened after exposing corruption where he worked, and they applied for asylum. But the application was denied several years ago. Without further intervention, Mkoyan and his parents could again find themselves in deportation proceedings in the future.

I caught up with him by phone last week before the House vote. “I’m just waiting for the Dream Act to be voted on, and we’ll see what happens afterward,” he said.

M-A: What’s happened since your deportation was suspended?

Mkoyan: I’m studying chemistry at UC Davis. We were going to be deported, but…I’m okay right now. We’re waiting for the Dream Act to be vote on, and if that passes, then I could get citizenship. It’s a temporary legal status. I think it runs out in March of next year.

M-A: What are your plans for after college?

Mkoyan: After I graduate, I’m not really sure yet. I’m hoping to go to graduate school and see where I can go from there.

It all really kind of sucks. They have been at this (the Dream Act) for 14 or 15 years, and it is the biggest hassle to get this over with. It’s the only thing I have to look forward to.

M-A: You’ve told me what you’d like to do after graduation, and that you’re waiting for the Dream Act to pass. But if it doesn’t, then what?

Mkoyan: If not? That’s a good question.

M-A: How has this experience in the last couple of years affected the rest of your family?

Mkoyan: I have a little brother, but he’s a citizen. It would have been me and my parents (being deported). The private bill may be reintroduced, but there is no guarantee. I still have another year after this year. I should have enough time to finish school.

It really didn’t change anything. Once the bill was introduced, we just kept going on with our lives.

M-A: Have you connected with other students at UC Davis who are in your situation, and are you getting together with other students to see how the vote goes?

Mkoyan: I just keep track of what’s going on online. I’m checking on the status (of the bill). I haven’t connected with other students that are on the same boat, there’s not so much activism on campus. There are not a lot of people like me here.

M-A: Are you optimistic?

Mkoyan: Yes, I’m optimistic. I hear good things.