There is finally some potential good news on the immigration front. One
of the most egregious problems of President George W. Bush's tenure in
office has been his disinclination to act effectively to halt or at
least greatly reduce the flow of illegal immigrants into the United
States. Last week President Bush proposed important, if slight, changes
to the visa program for farm workers which may help curb a significant
portion of this country's illegal immigration.
The Bush Administration declared that it offered the proposal because
Congress failed to pass the Comprehensive Immigration Reform Act of
2007. The proposal would allow the Administration to address a shortage
of legal farm workers. The Department of Labor (DOL) estimates that
about 75,000 foreign workers participated in the H-2A visa program last
year, while somewhere between 600,000 and 800,000 undocumented laborers
worked illegally on American farms. I suspect the numbers for the
latter group are much higher than those DOL cites.
The proposed changes include a system for calculating how foreign
workers are paid and centralizing the application process under the
Federal Government. The issue of wages has been central to the
immigration debate because illegal laborers often are paid below-market
wages, thereby undercutting American workers. The current wage rules
are intended to assure that such unfair wage rates do not exist, but the
wage scales do not accurately reflect market wages by occupation, skill
level and geographic location. Under the change proposed by the Bush
Administration, the new system would use data compiled by the Bureau of
Labor Statistics Occupational Employment Survey, which is used to
calculate required minimum wages for other visa programs administered by
DOL.
The new rules would require employers to file applications with DOL,
thereby eliminating the involvement of state agencies. The changes also
would increase the number of days from 45 to 75 that a farmer is
required to spend recruiting American workers for jobs before filling
them with foreigners.
The changes do not require Congressional action and can take effect
after a 45-day public comment period, according to THE WASHINGTON POST.
Of course, many so-called immigration advocates are unhappy with the
proposals, believing they will unfairly disadvantage those who live
among us illegally. This is nonsense. In the first place, the
proposals are so modest that their affect may be unnoticeable. Second,
many of these advocates willingly subvert American authority and
sovereignty for their own ideological purposes.
These changes address the problem of a highly visible but numerically
limited sector of illegal immigrants. It is unclear whether
centralizing visa applications with DOL will produce any change. I, for
one, am skeptical, knowing how inefficient the Federal bureaucracy is.
That said, all visas should be run through the Federal Government, not
through individual states, because immigration belongs to the
jurisdiction of Congress and the Executive Branch. If real results are
to be expected the new wage rule is most likely to produce them. By
requiring farmers to pay laborers market wages, it is possible that more
Americans will be interested in agricultural work and the demand for
illegal immigrants will decrease. Just a generation ago most
agricultural workers were American citizens, and it is not so difficult
to imagine this being the case again.
DOL and Secretary of Labor Elaine L. Chao are to be commended for
proposing these changes. There is no shame in a nation enforcing its
borders and monitoring those who come to work here. On the contrary,
that is one of the primary duties of a government in any civil society.
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