Supreme Court Rules Against Immigration Rights In Detention Case

Unfortunate. Should be a limit:

In a blow to immigrant rights, the Supreme Court voted Tuesday in favor of detaining immigrants with criminal records indefinitely pending deportation hearings, even if their cases were adjudicated years before.

The court’s 5-4 ruling overturns the 9th Circuit Court of Appeals, which limited federal officials to denying bail only if they take immigrants without U.S. citizenship into custody immediately after their release from criminal custody, CNN reports.

In the case brought before the Supreme Court, a group of mostly green card holders said they should be entitled to a hearing before an immigration judge to prove they do not pose a flight risk and are not a danger to the community, NBC News reports.

The five conservative justices voting for the decision argued the U.S. government has limited resources to detain all convicted immigrants immediately after release, so they should be allowed to detain them without bail months or years later.

Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor dissented.

“It runs the gravest risk of depriving those whom the government has detained of one of the oldest and most important of our constitutionally guaranteed freedoms: the right not to be deprived of liberty without due process of law,” Breyer said. He added that the “greater importance of the case lies in the power” afforded to the government.

Under federal immigration law, immigrants with criminal records facing deportation proceedings are subject to mandatory detention, and can be held indefinitely without a bond hearing, even after completing their sentences.

The American Civil Liberties Union responded to the ruling on Twitter and said the government’s interpretation of the statute “has resulted in gross violations of due process for thousands.”

Source: Supreme Court Rules Against Immigration Rights In Detention Case

Québec évoque un nouvel accompagnement pour mieux intégrer les immigrants

While Quebec reduces the number of immigrants, it also invests in integration programs (reducing the gap between the federal government’s block grant to Quebec and Quebec’s actual expenditures):

Le Québec étant aux prises avec des pénuries de main-d’oeuvre à divers degrés dans plusieurs secteurs et régions, le budget du gouvernement Legault a évoqué jeudi un nouveau « parcours d’accompagnement personnalisé » pour les immigrants de même que des moyens supplémentaires annuels de 146 millions au ministère de l’Immigration, de la Diversité et de l’Inclusion. Les détails du parcours seront annoncés plus tard.

Les sommes destinées à l’immigrationreprésentent une hausse de 42 % du budget du ministère, a fait remarquer le Syndicat de professionnelles et professionnels du gouvernement du Québec (SPGQ). Il s’agit ni plus ni moins que d’une « bouffée d’air frais », a déclaré son président, Richard Perron. Sur cinq ans, les nouvelles sommes totalisent 730 millions.

Les efforts visant une meilleure intégration au marché du travail incluront notamment une amélioration des services à la francisation, a indiqué le ministre des Finances, Eric Girard. Mais dans l’ensemble, les nouvelles façons de faire de Québec toucheront plusieurs aspects de l’intégration des nouveaux arrivants, notamment la planification, la prospection, le recrutement international et la sélection. Le budget mentionne également un soutien aux collectivités qui accueillent des immigrants et aux entreprises.

Le gouvernement Legault a confirmé en décembre 2018 qu’il comptait réduire de 53 000 à 40 000 le seuil annuel d’immigration, ce qui avait déçu le milieu des affaires, notamment le Conseil du patronat, qui décrit ces travailleurs comme un bassin « essentiel » pour combler les besoins de main-d’oeuvre de la prochaine décennie.

Le Québec est « ouvert aux immigrants », a dit M. Girard dans son discours, ajoutant que « cette immigration doit cependant répondre aux besoins de main-d’oeuvre existants dans toutes les régions du Québec ».

Source: Québec évoque un nouvel accompagnement pour mieux intégrer les immigrants

Chris Selley: Look who’s talking tough on border security now

We will see if the US administration is really willing to accept such a change to the STCA given their overall anti-immigration rhetoric and policies. Why would the US do this favour for Canada as there is nothing in it for them?

But Selley’s observations of the change in tone and focus are valid:

The federal Liberals have always bristled at the suggestion that tens of thousands of “irregular” border crossers from the United States might constitute a problem. The system, they insist, works just fine. “This process is working to keep us safe,” Prime Minister Justin Trudeau told The Canadian Press before Christmas, and he accused the Conservatives of deliberately trying to frighten Canadians into believing otherwise. “It’s always easier to try and scare people than to allay fears in a time of anxiety,” he said. In January, Immigration Minister Ahmed Hussen accused the Conservatives of planning “to militarize the border,” which is certainly not an example of trying to scare people rather than allaying their fears.

One of the ideas the Conservatives have long supported is “closing the loophole” in the Safe Third Country Agreement (STCA) that allows “irregular” arrivals — those who cross between official border posts — to claim asylum. (There’s no point blaming them: If they tried to arrive “regularly,” they would be turned back.) The idea has long been dismissed as unworkable, if not unconstitutional.

But wouldn’t you know it, in an interview with The Globe and Mail this week, Border Security Minister Bill Blair said he was in negotiations with Washington on precisely this point.

“If, for example, there was an agreement of the United States to accept back those people that are crossing at the end of Roxham Road (in Champlain, N.Y.), then Canadian officials … could theoretically take them back to a regular point of entry … and give effect to (the STCA) regulations at that place,” Blair said — i.e., would-be asylum-seekers actually apprehended crossing the border would be sent back.

It’s not clear why the Americans would agree to this: If thousands of non-citizens want to decamp and take their chances in Canada’s refugee determination system, one suspects President Donald Trump would be most inclined to let them. But it’s intriguing enough the Canadian government now wants to be seen pursuing the idea.

“Closing the loophole” might be difficult to negotiate, but unlike everything else the Liberals have tried, it would almost certainly accomplish the goal they can never quite admit to having: To keep these people away. The most resourceful and desperate migrants would try to sneak across the border and claim asylum inland, once it couldn’t be proven how they arrived — a dangerous and potentially deadly undertaking and an invitation to human smugglers, Liberals would argue if they were in opposition. But that’s infinitely more complex an undertaking than packing your suitcases, bundling up the kids and clambering over the border into a waiting RCMP car. The vast majority of people would be dissuaded.

It’s clear enough heading into the election campaign that the Liberals want to be seen fighting irregular border crossers rather than managing them as the legitimate asylum-seekers they always insisted they were.

The federal budget’s section on border security, meanwhile, is altogether extraordinary. It claims that “elevated numbers of asylum seekers, including those that have crossed into Canada irregularly, have challenged the fairness and effectiveness of Canada’s asylum system.” It proposes to target “individuals who cross Canadian borders irregularly and try to exploit Canada’s immigration system.” It moots “legislative amendments … to better manage, discourage and prevent irregular migration.”

This is the same government that has sworn blind no one is jumping any queue, that everyone is entitled to equal treatment under the system no matter whence they arrive, that the system is working perfectly — all repudiated in a single paragraph.

It adds up to a $1.18 billion commitment over five years. And the proposals are vague enough that Finance Minister Bill Morneau doesn’t seem to understand what they entail: “If someone comes across the border (and) claims asylum, we want to make sure we process that quickly so they either are moved back to where they came from, if it’s inappropriate, or in the case where they are legitimately seeking asylum, we deal with them in a compassionate and rapid way,” he told reporters on Tuesday. That’s baffling. How do you decide what’s an “appropriate” or “legitimate” claim without adjudicating the damn thing?

Nevertheless, it’s clear enough heading into the election campaign that the Liberals want to be seen fighting irregular border crossers rather than managing them as the legitimate asylum-seekers they always insisted they were. The way to do the latter would be to spend scads more money hiring scads more people than they already have to adjudicate asylum claims as normal — only much, much quicker. That was what refugee advocates argued for nearly 20 years ago, when hundreds of people headed north for fear of a post-9/11 immigration crackdown. Refugee advocates lost the argument; the STCA, ratified under Jean Chrétien’s Liberal government, put an end to the northbound queues at border crossings; and most everyone in Canada instantly forgot those people ever existed.

A significant political headache had been expertly healed. It’s both telling and appropriate, as Trudeau’s government rapidly abandons its touchy-feely schtick, that the Liberals would land again on a “get tough” approach at the border.

Source: Chris Selley: Look who’s talking tough on border security now

Canada set to begin collecting data on travellers leaving country

Long overdue for the reasons listed in the article as well as other benefits:  better data on immigrant retention and compliance with residency requirements for medicare:

Ottawa will soon start collecting data on every person leaving Canada by land and air in a bid to identify and track anyone from potential terrorists to snowbirds who lie about their residency to claim government benefits.

The new measures, expected to take effect later this year, aim to strengthen border security, enforce residency requirements for permanent residents and pinpoint those who fail to leave the country as required.

It is not known how many visitors who’ve overstayed their welcome, failed asylum seekers and criminals the new “exit” system will catch, but both Employment and Social Development Canada and the Canada Revenue Agency, which will have access to the data, are expected to nab many Canadians who are outside of the country and ineligible to receive further benefit payments.

The estimated savings for the government in employment insurance and old age security over 10 years could add up to $206 million, plus another $151 million in family and child tax credits and other benefits, according to an analysis of the proposed changes to the Customs Act published Saturday.

The Canadian Snowbird Association has been following the exit control changes closely and warns its 100,000 members against breaking U.S. immigration law by overstaying beyond the six-month limit and risking the loss of their federal benefits such as old age security and guaranteed income supplements.

“The move between the U.S. and Canada is inevitable and we are reminding our members to be mindful of the limitation on their time travelling abroad,” said Evan Rachkovsky, the association’s spokesperson.

Canada Border Services Agency does not currently collect exit information from commercial air carriers on travellers and only has access to U.S. records of foreign nationals and Canadian permanent residents arriving from Canada at land ports of entry.

The new reporting scheme — a final phase of what’s known as the “Entry/Exit Initiative,” similar to programs in Australia, New Zealand and parts of Europe — will allow Canadian officials to track the 97 per cent of all outbound travellers who leave the country by land and air. The effort will ultimately be expanded to travel by rail and sea. Officials will start collecting land exit data this summer, followed by air-travel data within 12 months.

“The government cannot easily determine who is inside or outside the country at any given time, which adversely impacts Canada’s ability to manage the border and support pressing and substantial public policy objectives related to national security, law enforcement and federal program integrity,” the border agency said in its 35-page report published in the Canada Gazette.

“By implementing a new regulatory framework that prescribes the source, time, manner and circumstance related to the collection of information, the CBSA would have access to reliable, timely and accurate information that could be effectively safeguarded and managed.”

Immigration policy analyst and lawyer Richard Kurland said this marks a shift to a “continuum tracking” system, where people’s movements are going to be monitored by the government.

“People do not know, generally, that by consenting to Canada, they also consent to having their personal information donated to other countries, such as the U.S.A., due to the many information-sharing agreements between Canada and other countries,” said Kurland.

“Canadians cannot fix information that goes to other countries, and it is a real issue. You may be wrongly netted by the system. Mistakes are going to happen, and there is no oversight, monitoring, or control over the system.”

Right now, commercial air carriers are required to provide Canadian border officials with advance information that identifies air travellers and flight crew arriving on international flights. Officials rely on passengers to provide the information on customs declaration cards or electronically via the primary inspection kiosk, with travellers self-declaring the date they originally left Canada.

The proposed exit control measures will operate similarly with Canadian officials collecting basic biographic information — name, nationality, date of birth, gender and time and place of departure — from airlines on all passengers leaving Canada, in the form of electronic passenger manifests.

Canada already receives information from the U.S. on departures of foreign nationals and permanent residents at land ports of entry. The new rules will expand to include records of Canadian citizens entering the U.S. by land.

The federal auditor general’s office has in the past highlighted a number of security concerns stemming from the absence of reliable exit data, the border agency report says.

“In recent years, the Government of Canada has seen a number of individuals travelling to foreign destinations to engage in terrorist activities,” the report says.

“These individuals often pose a danger to countries in which they operate and may become a direct threat to Canadians upon their return to Canada through acquiring combat experience and training and potentially establishing terrorist networks and recruitment capabilities,” the report adds.

Ottawa said the exit data will help officials:

  • Identify outbound movement of known high-risk travellers;
  • Track visitors who overstay their visa and remain in Canada illegally;
  • Verify travel dates to assess applicable duties, tax exemptions and benefits for returning residents;
  • And check if permanent residents returning to Canada have fulfilled their physical residence requirement to maintain their status or qualify for citizenship.

Data collection on air travellers is expected to take longer to implement because it requires commercial air carriers to register, test and certify that they meet the government-specific IT requirements. The whole scheme is expected to cost about $110 million, with almost $80 million assumed by the federal government and the rest by the commercial air industry. Airlines failing to provide the information will face fines.

Once fully implemented, personal information collected under the Entry/Exit Initiative will be retained for up to 15 years, after which it will be purged — unless it is otherwise required to be retained under Canadian law.

Meghan McDermott, a staff counsel of the B.C. Civil Liberties Association, said Canadians should be concerned about the sharing of the personal data among government agencies and with foreign partners. “It’s a vast new collection of data … I don’t know what recourse we have and where to go,” when inaccurate personal information has to be corrected, she said.

Both the Office of the Privacy Commissioner and the Security Intelligence Review Committee must constantly monitor the program and provide independent oversight to prevent abuse and breach of privacy and civil liberties, McDermott said.

Changes to the Customs Act received royal assent in December. The public has until mid-April to submit feedback.

Source: Canada set to begin collecting data on travellers leaving country

Canada’s becoming a tech hub thanks to Donald Trump immigration policies

One of the rare benefits to Canada of the Trump administration:

US companies are going to keep hiring foreign tech workers, even as the Trump administration makes doing so more difficult. For a number of US companies that means expanding their operations in Canada, where hiring foreign nationals is much easier.

Demand for international workers remained high this year, according to a new Envoy Global survey of more than 400 US hiring professionals, who represent big and small US companies and have all had experience hiring foreign employees.

Some 80 percent of employers expect their foreign worker headcount to either increase or stay the same in 2019, according to Envoy, which helps US companies navigate immigration laws.

That tracks with US government immigration data, which shows a growing number of applicants for high-skilled tech visas, known as H-1Bs, despite stricter policies toward immigration. H-1B recipients are all backed by US companies that say they are in need of specialized labor that isn’t readily available in the US — which, in practice, includes a lot of tech workers.

Major US tech companies, including Google, Facebook, and Amazon, have all been advocating for quicker and more generous high-skilled immigration policies. To do so they’ve increased lobbying spending on immigration.

CompeteAmerica, a pro-immigration coalition of employers whose members include Amazon, Google, and Microsoft, wrote to Homeland Security last fall saying that Trump’s immigration policies were bad for business and their employees.

Business Roundtable, an association of top US CEOs that includes Amazon’s Jeff Bezos, Apple’s Tim Cook, and IBM’s Ginni Rometty, expressed a similar sentiment in a letter to Homeland Security last year.

“Due to a shortage of green cards for workers, many employees find themselves stuck in an immigration process lasting more than a decade. These employees must repeatedly renew their temporary work visas during this lengthy and difficult process,” the group wrote in August. “Out of fairness to these employees — and to avoid unnecessary costs and complications for American businesses — the US government should not change the rules in the middle of the process.”

So far, these efforts haven’t accomplished much.

Recent immigration data shows the US is issuing fewer total visas to these types of workers than in previous years. This is a result of an executive order Trump issued in 2017 to review the H-1B process and make good on his pledge to “Hire American.”

It’s also made the whole process of sourcing these workers much more difficult, which in turn makes the hiring process more expensive. Some 60 percent of applications required additional paperwork in the last quarter of 2018, twice as much as two years earlier.

For the most part, the reason US companies are hiring international tech labor is because there aren’t enough skilled Americans to do that work.

This is a systemic problem that has its roots in a lack of pertinent science, or STEM, education. Indeed, the number of STEM job openings outpaces the number of unemployed STEM workers, according to a report by the New American Economy, a bipartisan business coalition launched by Michael Bloomberg and Rupert Murdoch. The organization found that 23 percent of all STEM workers in the US are immigrants.

Our loss is Canada’s gain

To get the tech talent they need, US companies are hiring outside the US, with Canada being a common choice.

Sixty-three percent of employers surveyed in the Envoy study are increasing their presence in Canada, either by sending more workers there or by hiring foreign nationals there, according to the Envoy survey. More than half of those did both. Another 65 percent of hiring professionals said Canada’s immigration policies are more favorable to US employers than US policies.

Of those surveyed, 38 percent are thinking about expanding to Canada, while 21 percent already have at least one office there.

And Canada has become a more obvious choice for foreign nationals in the first place.

Kollol Das, a former electronic engineer and gaming startup founder from India who now specializes in machine learning, was offered two high-skilled tech jobs last fall, one based in New York and one based in Toronto.

He immediately chose the latter.

The H-1B process in the US could have taken six months or longer, while the entire process in Canada — from being offered the position to moving to Toronto — took him less than two months. The visa portion of the process took about a week.

“The fact that the whole process is so long made it so that I didn’t even think further ahead,” said Das, who is currently a research lead at Sensibill, a Toronto-based financial services company that uses big data. Had the immigration process been the same? “Then I might have looked more at the kind of role I’d have in each place.”

Canada has weathered similar high-tech worker shortages to the US, but its response has been to welcome immigrants with relatively open arms. Its immigration minister announced last year that Canada would increase the number of immigrants it accepts each year by 40,000, for a total 350,000 in 2021.

Its Global Skills Strategy program — Canada’s equivalent to the H-1B — expedites the immigration process for high-skilled workers to just two weeks or less. Last year, the program brought in more than 12,000 workers, approving 95 percent of applicants. A quarter of those came from India and another quarter came from the US.

Such policies have been a boon for Canadian tech companies.

“I was a serial entrepreneur and I spent most of my career watching a brain drain from Canada,” said Yung Wu, the CEO of MaRS Discovery District, a tech-innovation hub based in Toronto that includes 1,300 entrepreneurial ventures. “This is the first time in my career I’ve seen a brain gain.”

As a result, Wu said MaRS companies saw a more than A 100 percent increase in jobs created in 2017 compared to 2016 — and a nearly 200 percent increase in revenue, for cumulative sales of $3.1 billion. “There’s a really strong correlation between talent and innovation,” Wu said.

Perhaps it’s not surprising, then, that Canada has become a major tech hub. Toronto ranked No. 4 last year on CBRE’s tech talent list. That put it just behind San Francisco, Seattle, and Washington, DC, as a top location for tech workers. It also created more new jobs than those top three cities combined.

Another Canadian city, Ottawa, saw the fastest percentage growth in tech employment of any city in the US or Canada.

CBRE, a real estate firm, does this annual report precisely because the location of tech talent dictates so much of the economy — including where companies locate their offices and invest capital.

Immigrants are an integral part of that talent.

“Immigrants create jobs; they don’t take away jobs,” Wu said. “America’s loss right now is Canada’s gain.”

Source: Canada’s becoming a tech hub thanks to Donald Trump immigration policies

Australia: Scott Morrison moves to insulate looming cut in immigration intake from Christchurch fallout

Interesting that no mainstream political party in Canada has talked about urban congestion as an immigration issue. Nor has it been prominent in questions ongoing increases immigration levels:

The Morrison government is clearing the ground for a major shift on immigration policy ahead of the April 2 budget by insisting the debate over congestion must not be “hijacked” by racial and religious fears in the wake of the New Zealand terror attack.

Prime Minister Scott Morrison slammed a growing “tribalism” in public life that distorted debate over issues like immigration and multiculturalism.

New Zealand Police Commissioner Mike Bush has confirmed there was only one attacker in the mosque shootings

“The worst example being the despicable appropriation of concerns about immigration as a justification for a terrorist atrocity,” he said.

“Such views have rightly been denounced. But equally, so too must the imputation that the motivation for supporting moderated immigration levels is racial hatred.”

The government was preparing to release a new statement on congestion and population this week, ahead of a fall in permanent migration to be revealed in the budget, but held off after Friday’s assault on two mosques triggered a debate over far-right extremism.

Mr Morrison moved to separate the new migration policy from the political argument over extremism by saying a discussion about the annual migrant intake was not a debate about the value of migrants.

“It must not be appropriated as a proxy debate for racial, religious or ethnic sectarianism,” he said.

“Just because Australians are frustrated about traffic jams and population pressures encroaching on their quality of life, especially in this city, does not mean they are anti-migrant or racist.”

The budget is expected to show a fall in the annual intake of permanent migrants from about 190,000 to about 160,000, in line with Mr Morrison’s comments last year about making the growth more sustainable.

While the permanent intake does not include hundreds of thousands of overseas students and temporary workers, the official cut is likely to lead to a fall in projected tax revenue to be confirmed on budget day.

The government is also finalising measures to encourage migrants to work in regional areas after months of debate about sponsorship programs with regional councils.

Mr Morrison warned that the “mindless tribalism” of political debate could undermine practical work on migration and was fuelling a wider hatred in public life that could lead to immense costs.

“We cannot allow such legitimate policy debates to be hijacked like this,” he said in a speech to the Australia Israel Chamber of Commerce in Melbourne.

“Managing our population growth is a practical policy challenge that needs answers – answers I will continue to outline as we approach the next election.”

He said this would include road and rail investments as well as setting the migration programme to meet the needs of the economy as well as the “capacity of our cities” and the needs of the regions.

The warning against an “us and them” debate triggered a swift response from Mr Morrison’s critics, who blamed him for fuelling anxiety about migrants and refugees.

“This is the same man who has built his career on scaremongering against people of colour and asylum seekers,” said Tim Lo Surdo, founder of activist group Democracy in Colour.

“Scott Morrison is a professional fear-monger whose desperate scapegoating of the Muslim community over many years has normalised the kind of hatred that was at the root of Friday’s terrorist attack. He has no moral footing to talk about a better standard of public debate.”

Labor frontbencher Ed Husic said Mr Morrison and other Liberals and Nationals shared responsibility for failing to speak up against racism in the past.

Mr Husic said he had been targeted by Liberal opponents who raised his Muslim faith against him during the 2004 election campaign and he did not see Mr Morrison, who was NSW Liberal Party director at the time, express any concerns at the tactics.

“I think there is a need for leadership in political and media circles to be exercised at the right point of time – not some time later when you’re trying to airbrush what’s gone on, but to deal with in the public space,” Mr Husic said.

“People should not be victims of terrorism or extremism regardless of what background or faith they are. We all have a responsibility to speak up and deal with it.”

Mr Morrison’s speech comes at a time of incendiary debate over the responsibility of conservative politicians and some parts of the media, such as conservative commentators at Sky News, for fuelling racial hatreds, even if the same politicians and media outlets express sorrow at the killings in Christchurch.

Former prime minister Tony Abbott dismissed the problem of Islamophobia less than two years ago, while Home Affairs Minister Peter Dutton was subject to strong criticism from the Muslim community for questioning the contribution of Lebanese Muslims to Australia.

Mr Morrison used his speech to announce $55 million in new funding to offer grants to mosques, churches, synagogues, Hindu temples and religious schools to protect against attacks.

The grants will range in size from $50,000 to $1.5 million and will be made available for safety measures such as closed-circuit television cameras, lighting, fencing, bollards, alarms, security systems and public address systems.

“When I say I believe in religious freedom – and I am one of its staunchest defenders in Parliament – I know it starts with the right to worship and meet safely without fear,” Mr Morrison said.

Opposition Leader Bill Shorten also called for caution in public debate but focused his remarks on the media and, especially, the social media platforms that spread the live-streamed video of the first Christchurch attack.

“The traditional media – newspapers, radio stations, television – they have to exercise caution before they publish stories. Now with the new media, with the new social media platforms, we haven’t seen that same caution before something is published,” Mr Shorten said in Perth.

“And after the event, eventually, despicable, dangerous, vile, perverted things get taken down.

“That’s really shutting the gate after the horse has bolted.”

Mr Morrison pointed to a growing extremism in some debate as people interacted only with those they agreed with and showed no respect to those with whom they disagreed.

“As debate becomes more fierce, the retreat to tribalism is increasingly taking over, and for some, extremism takes hold,” he said. “This is true of the left and the right.”

Source: Scott Morrison moves to insulate looming cut in immigration intake from Christchurch fallout

Trump and His Allies Have Lost the Public Debate Over Immigration

Interesting analysis of longer-term polling data, where most of the change towards greater acceptance of immigration has occurred among Democrats and independent voters:

In 1979, John Tanton, a Michigan eye doctor and environmentalist, launched the modern nativist movement. He believed that population growth would slow down if poor people stayed in developing countries, where poverty and potentially starvation would keep growth in check, but that if they came to places like the United States in larger numbers, the planet would become more overcrowded. So he founded a group called the Federation for American Immigration Reform, which aimed to stop nearly all immigration to the United States. It was initially seen for it what it was: a fringe group based on long-disproven ideas about the planet’s ability to support more people.

Forty years later, FAIR would seem to be in its heyday. At least three former FAIR employees, including its former executive director, have been hired for senior roles at US Citizenship and Immigration Services, the agency responsible for legal immigration. And the White House has taken a more sharply anti-immigration stand than in any administration of the modern era.

But when it comes to swaying public opinion to its view that legal immigration should be all but eliminated, FAIR and its offshoots are farther from success than ever.

Twenty-five years ago, Democrats and Republicans felt the same way about immigrants: The Pew Research Center found that nearly two-thirds of both parties agreed they were a burden. Immigration critics were confident that those numbers would increase as a backlash to rising immigration took hold among native-born Americans. Instead, the opposite happened. By the time Donald Trump launched his presidential campaign, the share of Democrats and independents who said immigrants strengthen America had nearly doubled, while Republican opinion on the question had barely budged.

And under Trump, anti-immigrant sentiment has fallen even further as the president’s rhetoric about immigrants alienates large swaths of the public. According to a Pew poll from January, 55 percent of Republicans—8 percent fewer than in May 2015—and a record-low 13 percent of Democrats believe that immigrants burden the United States by taking jobs, housing, and health care from native-born Americans. And according to Gallup surveys, 67 percent of Americans now say immigration should be increased or kept at its present level, the highest number since Gallup began asking the question in 1965.

The United States is in the midst of a two-decade-long shift in favor of immigration, and it is only accelerating under Trump. For all the nativist movement’s efforts over the decades to rein in immigration, the chances of preserving a white majority are effectively gone.

https://datawrapper.dwcdn.net/eSlIS/1/

Unlike most environmentalists of his era, Tanton believed ending the era of international migration was essential to stopping population growth and preserving the planet. Frustrated that environmentalists were treating immigration control as taboo, Tanton launched FAIR. His anti-population-growth crusade attracted few followers, but he quickly discovered that tapping into resentment of Latino immigrants held far more potential. So did Dan Stein, who became FAIR’s press secretary in 1982 and has served as its president since 2003. In 1994, as part of an oral history series FAIR was conducting, Stein told Tanton, “What produces the income is evidence of an enemy seeking to produce hostile forces and hostile consequences.”

At the time, it looked like FAIR might succeed. Opposition to immigration was rising in the early nineties amid a dramatic increase in legal immigration from Asia and Latin America, as well as high levels of unauthorized immigration from Mexico. In 1994, voters in California overwhelmingly passed Proposition 187 to bar undocumented immigrants from using government services. Frank Sharry, the founder of the pro-immigration group America’s Voice, expected huge cuts to legal immigration after Republicans regained control of Congress in 1995. A Gallup poll that year showed that only 7 percent of Americans favored more immigration and 65 percent wanted cuts, up from 42 percent in the late seventies.

Stein called for slashing legal immigration from more than 700,000 green cards per year to about 100,000, hoping that Americans would realize that “we don’t need immigration as a country anymore.” When Congress rejected measures to cut legal immigration in 1996, he said the country was getting “madder and madder.”

The mid-nineties ended up being the peak of the immigration backlash. Stein didn’t seem to notice. Speaking at an event organized by Pat Buchanan, Stein said “we are about to see a tsunami” against immigration and, as conservatives tried to ban same-sex marriage, predicted that it “will be about the hottest topic in politics once we get gay marriage taken care of.” Congress did take up immigration legislation under George W. Bush. But it was a bipartisan bill that gave undocumented immigrants a path to citizenship, and FAIR fought successfully to kill it. And when the Senate finally passed an immigration bill in 2013, it was again one that paved the way to citizenship for undocumented immigrants, and FAIR lobbied fiercely to prevent it from passing in the House.

FAIR has known for decades that it needs to do more than just block legislation to succeed. Under the 1965 Immigration and Nationality Act, which removed country-specific caps on immigration designed to favor Northern Europeans and made it easier for immigrants to bring relatives to the United States, legal immigration has risen steadily, to levels not seen since the early 20th century. Tanton noted in 1989 that the post-1965 rise in immigration would “go on forever, until the situation gets so bad that finally the Congress is forced to react.” But he was wrong about how Congress—and the American public—would react.

Since 1994, the share of Republicans who tell Pew that immigrants strengthen the country has barely moved from about 30 percent; among Democrats, it has spiked from 31 percent to 80 percent. Even among white voters without a college degree—Trump’s core base of support—just one in four told Quinnipiac last year that they favored cutting legal immigration. Republicans without a college degree are now less likely to support cutting legal immigration than the average Democrat was 13 years ago.

Last year, nearly two-thirds of respondents, including 67 percent of independents, told the Public Religion Research Institute that it would be mostly a positive thing for the United States to become a majority-nonwhite country by 2045. PRRI has been asking Americans since 2013 whether they would prefer to deport undocumented immigrants or give them a path to citizenship. The responses have not changed much over the years. “It’s kind of remarkable, really,” says PRRI founder and chief executive officer Robert P. Jones. “Usually, we see some movement”—particularly when there’s a “a big bully pulpit, scaring an entire political party toward a more negative anti-immigrant stance.” And with Americans under 40 much more supportive of immigration than the overall population, the future looks bleak for FAIR.

https://datawrapper.dwcdn.net/FEcQ4/1/

Last year, the Republican-controlled Senate voted on a series of immigration bills. A Trump-endorsed bill to reduce legal immigration by roughly 40 percent got just 39 votes. A measure opposed by the president to fund a border wall in exchange for protections for some undocumented immigrants received 54. Neither became law, but the more progressive bill came a lot closer.

In the absence of legislative success, FAIR’s former staffers and allies in the Trump administration are turning to executive action. Trump has cut refugee admissions to record lows. USCIS, the legal immigration agency, has adopted a long list of policies that make it harder to come to the United States legally, although so far, the number of green cards issued each year is still in line with where it was under Obama. USCIS is in the process of implementing new regulations to dramatically expand a section of immigration law that blocks people from entering the country if they are likely to rely on government assistance, such as food stamps or Medicaid. The rule, which is not yet finalized, could cut legal immigration by hundreds of thousands of people per year by denying green cards to the relatives of working-class immigrants. But unlike legislation, the rule could be overturned by a future administration. Twenty-two Democratic senators—including five of the six running for president—sent a letter to the Department of Homeland Security in October, requesting that it withdraw the rule.

Asked about FAIR’s record under Trump, Sharry, of America’s Voice, responded with glee. Republicans, he noted, controlled Congress for two years and had the most nativist president in modern history. “And on his signature issues of a border wall and cuts to legal immigration, they got zilch, nada, zero,” he said. “That is an abject failure.”

Source: Trump and His Allies Have Lost the Public Debate Over Immigration

Ontario asks federal government for $45-million to fund legal aid for refugees, immigrants

Pre-federal budget political positioning as much as substance:

Ontario Attorney-General Caroline Mulroney is calling on Ottawa to fully fund a $45-million provincial legal-aid program for immigrants and refugees in Tuesday’s federal budget.

In a letter sent to the federal ministers of justice, immigration and finance, Ms. Mulroney says costs associated with providing immigration and refugee services has “increased significantly” in Ontario as a result of federal government policies.

“Ontario must ensure we have a stable and sustainable system. Let me be clear, this was a federally created challenge, and one our government has called on you previously to fix,” Ms. Mulroney wrote in the letter sent Friday to Justice Minister David Lametti, Immigration Minister Ahmed Hussen and Finance Minister Bill Morneau.

“As you table your budget, I am confident that you will see the need to properly fund Ontario’s legal-aid program, and recognize that the failure to do so will place hardships on those who rely on this system.”

The latest salvo in the battle between Ontario’s Progressive Conservative government and the federal Liberals over the costs associated with immigration and refugee claimants comes as Ottawa is set to table its pre-election budget on Tuesday.

While the number of asylum seekers has been steadily decreasing over the past few months, the Immigration and Refugee Board (IRB) – the arm’s-length body that adjudicates refugee claims – has struggled to keep pace with the number of new cases being added to its backlog of files.

Ontario Premier Doug Ford’s government has already demanded that Ottawa foot a $200-million bill to cover the costs of resettling thousands of asylum seekers crossing into Canada from the United States. And Toronto recently said its proposed 2019 municipal budget will only be balanced if the federal government offers up $45-million to cover the costs of housing the influx of refugee claimants in the city’s shelter system.

Pierre-Olivier Herbert, a spokesman for Mr. Morneau, said the federal government recognizes the importance of proper funding for legal aid. Since 2016, he said, the federal government has increased its contribution for immigration and refugee legal-aid services in six provinces by more than $22-million.

“Our government understands that immigration plays an important role in driving our economy and has contributed to our success as a country. While the Conservatives continue to try to divide Canadians, by promoting fear and misinformation, we will continue to defend our immigration system,” he said.

Legal Aid Ontario, which is responsible for providing legal services to low-income Ontarians, estimates it will spend $45-million this year to deliver its immigration and refugee program, which includes IRB hearings and appeals to federal court. But Ms. Mulroney says the federal government is only contributing $16.9-million to the program, “leaving a shortfall of nearly $28-million that the province is expected to subsidize to support matters of federal jurisdiction.”

Last September, the federal government allocated an additional $10-million to Ontario, on top of a previously committed $7-million.

A report released last December from Ontario’s auditor-general, Bonnie Lysyk, shows Ontario’s portion has risen from $19.3-million in 2014 to $28.4-million in 2018.

The report said Legal Aid Ontario has “faced challenges managing the increase in refugee and immigration cases without a known increase of funding from the federal government,” noting that Ontario receives a lower federal funding portion than other provinces.

It also found Legal Aid Ontario’s “rushed decision-making” in expanding eligibility for certificates contributed to $40-million in deficits over the past two years. A certificate allows a client to retain a private-sector lawyer on one of Legal Aid Ontario’s rosters.

Ms. Mulroney recently named a former Progressive Conservative attorney-general, Charles Harnick, as the new chair of Legal Aid Ontario.

Source: Ontario asks federal government for $45-million to fund legal aid for refugees, immigrants

Global Opinions of Immigrants | Pew Research Center

On a more cheery note, the latest Pew Research:

Majorities of publics in top migrant destination countries say immigrants strengthen their countries, according to a 2018 Pew Research Center survey of 18 countries that host half of the world’s migrants.

In 10 of the countries surveyed, majorities view immigrants as a strength rather than a burden. Among them are some of the largest migrant receiving countries in the world: the United States, Germany, the United Kingdom, France, Canada and Australia (each hosting more than 7 million immigrants in 2017).

By contrast, majorities in five countries surveyed – Hungary, Greece, South Africa, Russia and Israel – see immigrants as a burden to their countries. With the exception of Russia, these countries each have fewer than 5 million immigrants.

Meanwhile, public opinion on the impact of immigrants is divided in the Netherlands. In Italy and Poland, more say immigrants are a burden, while substantial shares in these countries do not lean one way or the other (31% and 20% respectively).

Countries surveyed hold half of the world’s migrants

Table showing the 2017 size of immigrant populations in the countries included in Pew Research Center's survey. The 18 nations surveyed contain more than half (51%) of the world’s migrant population, or some 127 million people, according to United Nations and U.S. Census Bureau estimates.

Countries with some of the world’s largest immigrant populations were surveyed, including more traditional destinations like the United States, Canada and Australia that have seen waves of immigrants arrive since at least the 19th century. Also surveyed were more recent destination countries in the European Union such as Germany, the United Kingdom, France, Spain, Italy, the Netherlands, Sweden and Greece, all of which experienced immigration waves after World War II.

Japan and Israel were also surveyed. Japan is making efforts to attract more migrants due to its aging population. Israel has been a destination for immigrants since it enacted its 1950 Law of Return for Jewish people worldwide. Russia was surveyed since it has one of the world’s largest foreign-born populations. At the same time, South Africa continues to be a top destination country for many Africans.

Also included in the survey were some newer destinations. Mexico, for example, has become an increasingly important destination and transit country for migrants fleeing violence from El Salvador, Guatemala and Honduras. Similarly, Hungary became an important transit country for migrants entering Europe during the refugee surgethat peaked in 2015. And although Poland for many years was a country of emigration, it has seen a recent wave of immigrants from Eastern Europe.

Saudi Arabia and the United Arab Emirates are top immigrant destinations that were not surveyed. Pew Research Center does not have a history of conducting surveys in these countries.

Table showing that views on the impact of immigrants in Europe have shifted since 2014.In the U.S., the nation with the world’s largest number of immigrants, six-in-ten adults (59%) say immigrants make the country stronger because of their work and talents, while one-third (34%) say immigrants are a burden because they take jobs and social benefits. Views about immigrants have shifted in the U.S. since the 1990s, when most Americans said immigrants were a burden to the country.

Meanwhile, in six European Union countries surveyed, public opinion about the impact of immigrants has changed since 2014. That was the last time the Center asked European publics this question. It was also before hundreds of thousands of asylum seekers arrived on Europe’s shores in 2015. In Greece, Germany and Italy, three countries that experienced high volumes of arrivals, the share of adults saying immigrants make their countries stronger dropped significantly.

Chart showing that immigrants are viewed more favorably among those on the ideological left in the 18 countries included in the survey.By contrast, public opinion shifted in the opposite direction in France, the UK and Spain, countries surveyed that received fewer asylum seekers in 2015. In all three countries in 2018, majorities said immigrants made their countries stronger, up from about half who said the same in 2014.1

While majorities in many of the 18 countries surveyed see immigrants as a strength, this opinion is not equally shared across all groups within countries. In most countries surveyed, those on the left of the ideological spectrum are more positive about immigration’s impact on their country than those on the right. Similarly, in many countries surveyed, those with higher levels of education, younger adults, and those with higher incomes are more likely to say immigrants make their countries stronger because of their work and talents. (See Appendix B for group breakdowns.)

Also, in all countries surveyed, those saying they want fewer immigrants arriving in their countries are less likely to view immigrants as making their countries stronger.

Publics split on immigrants’ willingness to adopt their societies’ customs and way of life

Chart showing that views on immigrants’ willingness to integrate are mixed across the 18 countries included in the survey.Attitudes are mixed on immigrants’ willingness to adopt the destination country’s customs or wanting to be distinct from its society. A median of 49% among countries surveyed say immigrants want to be distinct from the host country’s society, while a median of 45% say immigrants want to adopt the host country’s customs and way of life.

In six destination countries – Japan, Mexico, South Africa, the U.S., France and Sweden – publics are more likely to say immigrants want to adopt the host country’s customs and way of life than say immigrants want to be distinct.

Japan is an outlier: A large majority of the public (75%) says immigrants want to adopt the country’s customs and way of life. This country, whose aging population and low birth rate make immigration relevant for its population growth, has recently changed its policies to attract more foreigners. Views about immigrant integration in Japan could be linked to the low number of immigrantsthe country hosts and that many immigrants in Japan are ethnically Japanese.

By contrast, in eight destination countries – Hungary, Russia, Greece, Italy, Germany, Poland, Israel and Australia – more people say immigrants want to be distinct than say they are willing to adopt the host country’s customs. Majorities hold this view in Hungary, Russia, Greece, Italy and Germany. In addition, sizable shares of people in most of these countries refused to choose one option or the other when asked this question.

In many countries surveyed, younger adults, those with higher levels of education and those on the left of the political spectrum are generally more likely to say immigrants are adopting the country’s customs and way of life (see Appendix B for group breakdowns).

Publics are less concerned about immigrant crime than the risk they pose for terrorism

In recent years, security concerns about immigration have become part of the public debate in many countries. Some of these concerns are about crime and immigration, while others are about terrorism and immigration.

Chart showing that in many of the 18 countries included in the survey, half or more of the public say immigrants are no more to blame for crime than other groups.Immigrants and crime

In several immigrant destination countries, large majorities say immigrants are notmore to blame for crime than other groups. This is the case in Canada, the U.S., France and the UK. Among other countries surveyed, only in South Africa, Sweden and Greece do majorities believe that immigrants are more to blame for crime than other groups.

In the Netherlands, Japan, Israel and Germany, opinions are split on the impact of immigrants on crime. In four other countries where views were mixed, substantial shares refused to choose either of the two statements offered – Italy (26%), Hungary (17%), Poland (15%) and Russia (14%).

In countries where majorities see immigrants as a strength, majorities also tend to say immigrants are not more to blame for crime. Notable exceptions are Germany and Sweden, where majorities say that immigrants strengthen their countries, but pluralities of adults say that immigrants carry more responsibility for crime.

Chart showing that majorities in many European migrant destinations think immigrants increase risk of terrorism.Immigrants and terrorism

Publics across top migrant destination countries are split on whether or not immigrants increase the risk of terrorism in their countries.

In seven countries, majorities believe immigrants do not increase the risk of terrorism in the host country. These include all surveyed countries in North America (Mexico, Canada and the U.S.), as well as South Africa and Japan. Publics in France and Spain, two European countries that were not at the center of the 2015 refugee crisis, also hold this view.

By contrast, majorities in seven European nations – Hungary, Greece, Italy, Sweden, Russia, Germany and the Netherlands – believe immigrants increase the risk of terrorism in their countries.

Views on the topic are divided in the UK, Australia and Israel. In Poland, half (52%) of the public says immigrants increase the risk of terrorism, while 28% say they do notincrease the risk of terrorism. But a substantial share in Poland (19%) also refused to respond one way or the other.

Majorities in many countries think immigrants in the country illegally should be deported

Chart showing that half or more of the public in several countries included in the survey support deporting immigrants living in their country illegally.Majorities in most immigrant destination countries surveyed support the deportation of people who are in their countries illegally.

In seven of the 10 EU countries surveyed, majorities support the deportation of immigrants living in their country illegally. In 2007, between 1.7 million and 3.2 million unauthorized, or irregular, migrants were estimated to be living in the 10 EU countries surveyed. The number of asylum seeker applications has increased following the 2015 refugee surge. Since then, the number of rejected asylum applications has increased substantially. Many of these rejected asylum seekers may continue to reside illegally in Europe.

Similarly, majorities in Russia, South Africa, Australia and Japan also support deporting immigrants living in those countries illegally.

Chart showing that more people on the ideological right support the deportation of immigrants living in their country illegally.In the U.S., public opinion is divided on the issue. About half (46%) of the public supports deporting immigrants residing there illegally, while the other half (47%) opposes their deportation.2 The Center estimates 10.7 million unauthorized immigrants lived in the U.S. in 2016, which represented less than a quarter (23.7%) of the U.S. immigrant population. The number of unauthorized immigrants in the U.S. has been falling since 2007 and is now at levels last seen in 2004.

In Mexico, fewer than half (43%) say they support the deportation of immigrants living there illegally. In recent years, Mexico has experienced an increasing number of migrants entering the country without authorization from Guatemala, Honduras and El Salvador. Mexico has historically been a migrant-sending country: About 12 million people born in Mexico live outside the country, nearly all in the U.S. Among those in the U.S., nearly half are unauthorized immigrants.

In most countries surveyed, those on the right of the ideological spectrum are more likely to support deportation. Similarly, older people in several countries surveyed are more likely to support the deportation of immigrants living illegally in their countries (See Appendix B).

Source: Global Opinions of Immigrants | Pew Research Center

Note to David Frum: Americans Actually Really Like Immigrants

Pretty effective counterpart to Frum’s earlier missive by Jordan Weissman. His footnote is particularly strong:

Earlier this week, David Frum, the former George W. Bush speechwriter turned never-Trump scribbler, published a long article in the Atlanticarguing that the United States should massively reduce legal immigration by cutting the number of green cards it issues each year by about half. How come? Mostly because he thinks it might mollify white working-class voters, whose anti-immigrant rage he believes led them to back the authoritarian galoot who now occupies the Oval Office. “If liberals insist that only fascists will enforce borders, then voters will hire fascists to do the job liberals refuse to do,” Frum, who immigrated from Canada, writes.

Oddly, in all 7,800-ish words of his piece, Frum never once mentions that Republicans have introduced a piece of legislation that would do exactly what he’s recommending. It’s called the RAISE act. It was written by Sens. Tom Cotton and David Perdue in 2017 and backed by the president himself. Frum may not admit it out loud, but he’s basically arguing that the best way to defeat Trumpism is to cave on some of its most extreme policy demands. It’s Clintonian triangulation, but for white nationalism.

There are many reasons a reader might object to Frum’s argument.

One could object on moral grounds. If you believe that Trump’s immigration stance is racist and repugnant at its core, then accommodating it in the name of political expediency probably doesn’t sound like a hot idea.

Or one could object on economic grounds. Frum tries to downplay immigration’s benefits to growth, but the bottom line is that mainstream analyses of the RAISE Act have shown that it would make the country modestly poorer over the long term. (By 2040, the Penn Wharton Budget Model shows per capita GDP would be 0.3 percent lower.)

One could also object on political grounds. After all, Frum doesn’t actually provide any evidence that cutting immigration would make white working-class voters less likely to vote for demagogues like Trump in the future. He simply asserts that it might. Yet his own piece offers reasons to think otherwise. Early on, he cites academic evidence showing that white voters become more authoritarian in the face of ethnic change. Later on, he admits that ethnic change is already inevitable, even if we slash how many green cards Washington issues annually. “Under today’s policies, the U.S. will become majority-minority in about 2044,” he writes. “Even cutting immigration by nearly half would postpone that historical juncture by only one to five years.” Will giving caucasians an extra half-decade in the majority really be the magic bullet that saves us from being overrun by MAGA hats? Count me skeptical.

And finally, one could object to Frum’s piece on the simple grounds that most Americans really like immigration. Frum might think the whole Statue of Liberty, “Give me your tired, your poor”thing is just “nostalgia,” as he puts it, but just Thursday, the Pew Research Center released polling showing that 59 percent of Americans think immigration makes us a stronger country, while only 34 percent think it’s a burden. Most Americans also think immigrants want to assimilate culturally; only 19 percent think immigrants are more to blame for crime than native-born residents. You want an anti-immigrant country? Check out Poland, or Russia, or Greece, not the U.S.

Meanwhile, Gallup’s most recent survey results show that only 31 percent of Americans think immigration levels should be reduced, versus 30 percent who think they should be increased and 37 percent who believe they should be kept the same. Immigration restrictionists don’t even make up a plurality of this country, yet Frum thinks we should cater to them, largely on the hunch that it might make white voters less likely to back the next Fox-addled demagogue who runs for president.1 The U.S. electoral system might hand disproportionate power to a minority of voters in this country. But that doesn’t mean the rest of us should cave in on our values to them.

1 Frum does try to make a wider case about the downsides of immigration, but it is astonishingly weak—and mostly shows that once you strip away the Ann Coulter–style bile, there’s little left in the restrictionist position. He admits up top that immigrants are less likely to commit crimes or indulge in substance abuse than native-born Americans. He tries, halfheartedly, to cast doubt on the economics literature that has consistently shown that the arrival of new immigrants doesn’t hurt the wages of other workers much, if at all (other immigrants, or people without high school degrees, may see their wages drop slightly in the short term), before suggesting the issue isn’t that important. (“Neither the fiscal costs nor the economic benefits of immigration are large enough to force a decision one way or the other,” he writes.) He tries to claim that immigrants are lowering Americans’ average education and skill levels, but fails to mention that today’s new arrivals are now more likely to have a college or graduate degree than native-born Americans. In the end, he’s left arguing that the presence of unnaturalized immigrants has encouraged companies to abuse their employees—blame the victim, much?—while making the U.S. more hierarchical, sort of like Dubai. There’s also an odd Malthusian aside about how bringing more people to the United States could hasten global warming. Suffice to say, once you’ve given up on economics, public health, and public safety as battlegrounds for this subject, there isn’t a whole lot left to stake an argument on.

Source: Note to David Frum: Americans Actually Really Like Immigrants