Edward Alden: Crackdown by U.S. Customs and Border Protection likely to drive a deeper wedge between Canada and U.S.

Canadian governments have always been worried about the “thickening” of the border and this commentary highlights the large discretion that regional authorities have and arguably, their abuse of that discretion:

On Saturday evening, Jan. 4, I was driving back from visiting family in Vancouver to my new home in Bellingham, Wash., when I ran into a massive line of border traffic at the Peace Arch crossing. Just two days prior, a U.S. drone strike had killed Iran’s top general, Qasem Soleimani, and it occurred to me I might be witnessing a small piece of a security crackdown all along the U.S. borders.

But the truth has turned out to be far stranger. As was reported last week by Blaine’s The Northern Light newspaper, the border crackdown was not a national operation. It was a local one. At the direction of top officials in the Seattle Field Operation office, Customs and Border Protection (CBP) officers were pulling aside all crossers of Iranian origin, including many Canadian and U.S. citizens. Dozens of people were held at the border for as long as 12 hours and interrogated extensively before finally being released.

The operation was not just an isolated occurrence. Those entering the United States at Peace Arch and other western border ports of entry are facing a stepped-up enforcement regime that creates significant risks for all southbound travellers.

From 2018 to 2019, for example, the number of border crossers slapped with five-year bans barring them from entering the United States more than tripled from 91 to 309 at crossings overseen by the Seattle office, according to CBP data provided to CTV News. Even with the stepped-up border enforcement under the Trump administration, that was a far bigger increase than anywhere else along the U.S. border with Canada.

The legal provision, known as “expedited removal,” (ER) is an extreme measure that allows front-line CBP officers to bar re-entry to anyone who arrives at the border without valid entry documents, or is thought to be making fraudulent claims. Canada has no law that permits comparable penalties against U.S. citizens.

Lawyers for business groups in B.C. and Washington State say the expanded use of the provision is chilling trade and travel across the border. For example, some 18 Canadian truck drivers were recently hit with ER orders. They were engaged in a long-permitted practice of driving goods from the northern U.S. to the border with Mexico, where the goods were then picked up for delivery in Mexico.

The Seattle office is now ruling that this constitutes illegal transport within the United States, and that U.S.-based drivers must carry those loads. Instead of hitting the companies or drivers with fines, CBP is barring the drivers from entering the U.S. entirely. One Canadian trucking company says it lost about $1 million in business last year due to the loss of its drivers.

The new crackdown is quite different from the one that many Canadians and others experienced after the Sept. 11, 2001 terrorist attacks. Then, the U.S. government tightened inspections and document requirements across all its land borders and airports. Indeed the number of Canadians crossing the land border has never recovered to the pre-9/11 peaks.

But local officials also possess expansive authority to launch their own crackdowns, as the operation to detain Iranians showed. CBP officers are free to ask border crossers any questions they wish, search vehicles, cell phones and other personal possessions, and even review social media accounts before permitting entry. The actions of the Seattle Field Office, which administers 54 border crossings all the way from Point Roberts, Washington to International Falls, Minnesota, show the discretion that local officials have to interpret CBP’s legal authorities in harsher ways.

An internal CBP memo leaked last week showed that the local office issued a “high threat alert” directing that anyone born in Iran, Lebanon or the Palestinian territories between 1961 and 2001 would be pulled into secondary screening for extensive vetting. CBP headquarters in Washington, D.C. said the actions by the local office are under investigation, and that “there is no rule that would permit us to target or stop individuals based on their nationality alone.”

One woman held at Peace Arch on Jan. 4 was born in Iran, but left 20 years ago with her family and is now a Canadian citizen, a U.S. green card holder, and holds a Nexus card, which required extensive security background checks by U.S. and Canadian authorities. Nonetheless, CBP officers pulled her into secondary screening at 5 p.m. on Saturday evening, interrogated her about family, friends and travel history, and did not release her until 5 a.m. the following day.

The recent actions should trigger much harder questions from both the B.C. and Washington State governments, and from Ottawa as well. If left unchecked, these initiatives by local CBP officials are likely to further chill cross-border travel and commerce, and drive a deeper wedge between the two countries.

Despite the generally strong economy on both sides of the border, and a stable Canadian dollar, the number of vehicle passengers crossing the border has fallen over the past year. An unpredictable border is a blow to the economy of Whatcom County, which relies heavily on Canadian consumers, but also discourages Americans from coming north to visit or do business in the Vancouver region.

State and provincial officials have talked grandly about the development of a “Cascadia Innovation Corridor” that would strengthen innovation and economic growth across the Pacific Northwest. But that dream rests on seamless travel across the border between B.C. and Washington State. Instead, thanks to increasingly aggressive border enforcement, the region is headed in the opposite direction.

Edward Alden is the Ross Distinguished Professor of U.S.-Canada Economic Relations at Western Washington University, a senior fellow at the Council on Foreign Relations, and the author of The Closing of the American Border: Terrorism, Immigration and Security since 9/11.

Human Rights Watch: More Than 200 Salvadorans Were Abused, Killed After Deportation

A reminder of the impact of the Trump administration policies:

After living in the U.S. for five years, cousins Walter T. and Gaspar T. were deported to their home country of El Salvador in 2019, where they were ripped from their beds one night and beaten by police, according to a new report by Human Rights Watch.

“They began beating us until we arrived at the police barracks,” Gaspar said in interviews.

The thrashings went on there for three days, according to the men. Despite threats from authorities that they’d be charged with gang membership, they were eventually released. No charges were filed.

Walter and Gaspar, who say they had initially fled El Salvador to escape forcible gang recruitment, had hoped to gain asylum in the U.S. But their applications were denied.

The pair’s experience is one of more than 200 cases uncovered by Human Rights Watch in which Salvadorans are put in harm’s way — at risk of violence at the hands of gangs, law enforcement or security forces — as a result of tightening asylum and immigration policies in the U.S.

“Salvadorans are facing murder, rape, and other violence after deportation in shockingly high numbers, while the US government narrows Salvadorans’ access to asylum and turns a blind eye to the deadly results of its callous policies,” said Alison Parker managing director of the US Program at Human Rights Watch and coauthor of the report.

The 117-page report was compiled over a year and a half using court records, press reports and first-hand interviews with surviving family members and nongovernmental agency workers.

In all, researchers found 138 cases of repatriated Salvadorans killed since 2013. More than 70 others were beaten, sexually assaulted, extorted, tortured or went missing, according to the study. But, the reports says, the deaths “represent the tip of the iceberg—as … people deported to El Salvador encounter a wide range of human rights abuses that fall short of death.”

Until now, no government, U.N. or nongovernmental organization has monitored what happens to people when they’re returned to El Salvador, according to HRW.

“This report begins to fill that gap,” the study says.

Source: Human Rights Watch: More Than 200 Salvadorans Were Abused, Killed After Deportation

USA: The Next Harmful Immigration Move Against International Students

Significant short and longer term impact. Haven’t seen data on Canadian visa overstays for international students but likely less given Canadian Experience Class pathway to permanent residence:

The next Trump administration action taken against high-skilled foreign nationals may be to limit the length of stay for international students after they are admitted to the United States. This would be done through a new rule eliminating “duration of status,” which now allows a student, once admitted to America, to continue his or her studies until completion, without requiring additional approvals.

The vehicle for this new restriction would be a new regulation to establish a “maximum period of authorized stay for students.” The targeted date for publishing the proposed rule is February 2020.

Replacing the current “duration of status” for international students with a “maximum period of authorized stay” would increase uncertainty for students. It would require them to gain new approvals at each stage of their studies in the United States, such as a transition from an undergraduate to a graduate-level program. New approvals also would be needed if academic programs take longer than anticipated.

In interviews, educators estimate extra costs incurred by international students could be $1,500 or more per extension. Moreover, students would face the prospect of USCIS adjudicators denying student extension requests, much like many H-1B visa holders experience today when trying to extend their status and are forced to leave the country. The denial rate was 24% for H-1B petitions for new employment and 12% for continuing employment through the first three quarters of FY 2019, according to a National Foundation for American Policy analysis.

Educators and analysts blame higher costs in the United States and restrictive Trump administration immigration policies for recent declines in international student enrollment. The new policy would raise costs higher for students and be much more restrictive than the status quo.

Given the significant delays in U.S. Citizenship and Immigration Services (USCIS) processing under its current workload, the agency is unlikely to approve applications in time for many students. At the Texas Service Center, as of February 4, 2020, the processing time was 9 to 11 and a half months for an “Application to Extend/Change Nonimmigrant Status (I-539).” That means a student would need to file a year in advance for an extension, which likely would not even be permitted by USCIS.

What happens if a student files a timely application but USCIS fails to approve it in time? The student would be in jeopardy unless he or she leaves the country, according to USCIS.

The agency includes the following on a list of Q&As for an extension of stay: “What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires? Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status . . . DHS [Department of Homeland Security] may bring a removal proceeding against you, even if you have an application for extension of status pending.”

The administration has provided little justification for this significant change in policy, which was first placed on the regulatory agenda in October 2018. The “Statement of Need” for the rule to end duration of status reads: “The failure to provide certain categories of nonimmigrants with specific dates for their authorized periods of stay can cause confusion over how long they may lawfully remain in the United States and has complicated the efforts to reduce overstay rates for nonimmigrant students. The clarity created by date-certain admissions will help reduce the overstay rate.”

The only evidence presented on international student overstay rates remains a series of flawed Department of Homeland Security (DHS) reports – and even those reports show student overstay rates have dropped significantly.

As discussed previously, Department of Homeland Security reports include as “overstays” people who did not necessarily overstay a visa, but individuals who DHS could not confirm had departed the United States. The distinction is important. “The DHS figures represent actual overstays plus arrivals whose departure could not be verified,” writes Robert Warren, a senior visiting fellow at the Center for Migration Studies in an analysis.

Attorney Paul Virtue, a former top official at the Immigration and Naturalization Service, told me in an interview: “The DHS report on overstays is dependent on the accuracy of information in SEVIS (Student and Exchange Visitor Information System) and the agency’s ability to match entry and exit information, especially for students who, for example, may have departed through a land port of entry or have had a change of status that was not updated in SEVIS . . . there is still too much guesswork built into the DHS assumptions concerning the number of overstays among the student and exchange visitor populations.” (Emphasis added.)

Recent DHS reports show the purported overstay rate for F-1 students declined by 42% between FY 2016 and FY 2018, falling from 6.19% in FY 2016 to 3.59% in FY 2018. Despite this, DHS has not backed away from the potential rule to abolish duration of status and establish a maximum period of authorized stay for F-1 students.

Many in the international education community believe the “overstay” argument is being used to justify the policy rather than the actual impetus for eliminating duration of status. The motivation, many suspect, is to limit or discourage more international students from coming to the United States, as evidenced by a series of policies the administration has put forward to restrict international students and employment-based immigration.

New enrollment of international students at U.S. universities declined by more than 10% between the 2015-16 and 2018-2019 academic years. At the same time, in Australia the enrollment of international students in higher education increased by 47% between 2015 and 2018, according to Australian government data.

In Canada, the number of Indian international students rose from 76,075 in 2016 to 172,625 in 2018, an increase of 127%, according to the Canadian Bureau for International Education. Canada makes it easy for international students to transition to work after graduation, which creates a path to permanent residence, notes Toronto-based attorney Peter Rekai. The number of Indians obtaining permanent residence in Canada doubled between 2016 and 2019.

At a time when other countries are attracting more students, increasing costs and adding new layers of uncertainty will likely discourage international students from coming to the United States.

Source: The Next Harmful Immigration Move Against International Students

U.S. Could Actually Use More Nigerian Immigrants

By way of comparison, there are about 52,000 persons of Nigerian ethnic ancestry in Canada (Census 2016), about 71 percent first generation. In the last 5 years (January 2015 to November 2019, about 37,000 new Nigerian permanent residents have been admitted (IRCC, open data). Average and median incomes are lower than the overall Canadian numbers. While participation levels are stronger, unemployment levels are higher. Like most recent immigrant groups, Nigerians are more highly educated than the Canadian average.

See article for the charts regarding Nigerians in the USA:

This column will not render a verdict on whether the White House decision last week to suspend immigration from Nigeria — the world’s seventh most-populous nation — and five other countries was mainly an expression of bigotry from an administration led by a man who once likened African nations to latrines, or if it was a legitimate reaction to security concerns. It will, however, tell you some things you might not know about Nigerian immigrants in the U.S.

To start, there’s a fair number of them (which is why I’m focusing on Nigeria and not Eritrea, Kyrgyzstan, Myanmar, Sudan or Tanzania, the other five countries hit by the new ban). An estimated 374,311 Nigerian-born people were living in the U.S. in 2018, which put the country in 27th place as a source of foreign-born Americans, behind Pakistan and ahead of Japan. These and a lot of the numbers to follow are based on the American Community Survey that the U.S. Census Bureau sends out to 3.5 million households every year, so they’re subject to margins of error (19,648 for the number cited above), plus the inevitable strengths and limitations of self-reported statistics.

For example, the Census Bureau says there were an estimated 462,708 people of Nigerian ancestry in the U.S. in the 2018, but that’s based on what people put on the survey, not the sort of genealogical investigation that would surely reveal that there are millions of Americans whose forebears were brought across the Atlantic against their will in past centuries from the region of West Africa that is now Nigeria. Still, for our purposes the census survey is probably better, in that it restricts the scope mostly to recent immigrants and their kids. The members of this group have more than doubled in number since 2007, and they are for the most part doing quite well.

Source: U.S. Could Actually Use More Nigerian Immigrants

Ripple effect on Canadian immigration likely from Trump’s new visa restrictions

We shall see but agree with Falconer that it could go either way:

U.S. President Donald Trump’s decision to slap visa restrictions on six new countries could affect immigration flows to Canada.

Past moves by his administration on immigration policy for Haiti and Iran saw asylum claims and student visa applications in Canada jump.

Trump is now targeting visas granted to citizens of Nigeria, Sudan and Eritrea, among the largest sources of refugee claims lodged by people crossing irregularly into Canada from the U.S.

Immigration policy researcher Robert Falconer says Trump’s move could have both positive and negative impacts on the Canadian immigration system.

He says the number of asylum seekers could rise, as people from those countries already in the U.S. realize they won’t be able to stay permanently and so follow others who’ve already come to seek refugee status here.

But on the other hand, he says Nigeria’s booming middle class could be the source of many new economic or student immigrants to Canada, now that the door to the U.S. is harder to get through.

Source: Ripple effect on Canadian immigration likely from Trump’s new visa restrictions

How a wealth test for immigrants could affect the U.S. economy

Interesting long and serious analysis:

Both supporters and opponents of a new Trump administration rule that creates additional barriers for immigrants trying to enter the U.S. or trying to gain legal permanent residency are using economic arguments to make their cases.

The so-called “public charge” rule bars immigrants from coming to the U.S., claiming that if they are deemed to be unable to support themselves financially, they are at risk of needing federal safety net benefits–or becoming a “public charge” of the federal government. It also penalizes immigrants living in the U.S. who are trying to become lawful permanent residents, if they use federal safety net programs.

The rule is being challenged in court, but the U.S. Supreme Court this week allowed the change to go into effect and become enforceable while it makes its way through the judicial system.

Under the new guidance, immigrants who use a public benefit for more than 12 months in a 36-month period would be penalized in their application to become a legal permanent resident– commonly known as a green card holder. Each individual benefit counts toward the total time, so using both food and housing assistance for one month, for example, could count as two months worth of benefits.

If the household income of an immigrant trying to come to the U.S. is less than 125 percent of the Federal Poverty Guidelines, or $21,550 for a couple, they could also be at risk of being denied entry. The Department of Homeland Security said it would use that threshold as one of several factors when deciding whether to admit an immigrant to the U.S. Immigrants with twice that income, or 250 percent of the Federal Poverty Guidelines, would be given higher preference.

Refugees are exempt from the rule.

The White House has argued the rule, which some are calling a “wealth test,” will benefit American workers and save taxpayer dollars. Immigration advocates counter that it is creating an unnecessary barrier for hardworking immigrants trying to better their lives and who contribute to the U.S. economy.

Meanwhile, economists caution that it’s difficult to estimate the exact cost or savings from the rule because it depends on how strictly it is enforced and there could be numerous ripple effects that will reverberate throughout the economy for years. It is also unclear what the cost would be for enforcing the rule, or for checking on immigrants’ household income before coming to the U.S.

Who uses federal assistance

On the whole, immigrants make up a small share of all Americans who use federal public assistance programs. U.S-born individuals, for example, make up 86 percent of both Medicaid and Supplemental Nutrition Assistance Program, or SNAP, recipients.

Immigrants also use less total welfare and entitlement benefits in dollar value than native-born Americans, according to a report from the CATO Institute, a libertarian think-tank.

In total, native-born Americans used $6,976 worth of welfare programs per person in 2016. That’s compared to $5,535 per immigrants–a 21 percent difference.

The discrepancy is largely due to a higher rate of native-born Americans using Medicare and Social Security benefits than immigrants. About 18 percent and 19 percent of native-born Americans use Medicare and Social Security benefits, respectively. That’s compared to 12 percent and 14 percent of immigrants.

Native-born Americans are also more likely to use the Temporary Assistance for Needy Families; Women, Infants, and Children (WIC); and SNAP, which is commonly known as food stamps.

Graphic by Megan McGrew/PBS NewsHour

Immigrants are more likely to use Supplemental Security Income (SSI) and Medicaid than native-born Americans. About 4 percent of immigrants use SSI, compared to 3.5 percent of native-born citizens. Around 24.5 percent of immigrants use Medicaid, compared to 23 percent of native-born Americans, according to the CATO report.

Undocumented immigrants, which by some estimates make up half of all non U.S. citizens living in the country, are generally ineligible to receive federal benefits.

In response to public comments about the public charge rule, the Department of Homeland Security did not dispute the CATO findings but said they “are not inconsistent” with its final rule.

In a news conference last year, U.S. Citizenship and Immigration Services Director Ken Cuccinnelli said the issue is not how immigrants’ benefits compare to native-born citizens, but whether the immigrants coming to the U.S. are self-sufficient.

“The benefit to taxpayers is a long-term benefit of seeking to ensure that our immigration system is bringing people to join us as American citizens, as legal permanent residents first, who can stand on their own two feet, who will not be reliant on the welfare system — especially in the age of the modern welfare state, which is so expansive and expensive,” Cuccinnelli said.

What immigrants cost and contribute to the U.S. economy

Estimates on how many people will be affected by the public charge rule varies widely.

Around 1.2 million people seeking to become green card holders each year would be subject to the rule, but many of those are not eligible for, or already choose not to use public benefits. However, there are likely millions more immigrants trying to come to the U.S. who could also be affected.

The Department of Homeland Security estimates 382,264 immigrants per year will be affected by the changes. The New American Economy, a nonprofit that focuses on immigration research, puts the estimate much higher–at 3.9 million.

If all of those immigrants were barred from living in the U.S., the nation’s economy would lose about $82 billion per year, the New American Economy analysis finds. That number includes $48 billion the affected immigrants would earn in income each year, plus an estimated $34 billion that would otherwise be generated because of the money they spend in the U.S economy and the amount they would pay in taxes.

The Department of Homeland Security has estimated a much lower cost–$144.4 million. It also estimates that federal and state governments will pay out $2.47 billion less each year in benefits–a key Trump administration argument for implementing the changes.

The public charge rule aside, first-generation immigrants generally cost the government more than U.S.-born Americans, according to a 2017 report from the National Academies of Science, Engineering, and Medicine. On average they cost about $1,600 per person annually.

But the children of those immigrants have a net positive effect on the U.S. economy, contributing about $1,700 per person per year. Third generation immigrants contribute about $1,300 annually.

The financial burden of immigration tends to fall more heavily on state and local governments because of the cost of their children’s public school. At the same time, investing in children’s education, health care and food security is likely to make them more productive workers with higher incomes later in life, which, in turn, generates more tax revenue.

“Adequate resources in childhood matter a lot for self-sufficiency and wellbeing later in life,” said Tara Watson, an economics professor at Williams College. “If we restrict benefits available to children who will grow up to be adults, in the long run we may be doing more harm than good.”

How federal benefits play into productivity

Studies have shown that people experiencing financial strain tend to be less productive in their work, largely due to the mental burden of not being able to meet their basic needs.

“If you are more concerned with your immediate needs to feed yourself, to house yourself, to make yourself warm, you are not able to make those investments that will help you make smarter decisions about your future and your family’s future,” said Andrew Lim, director of quantitative research for New American Economy.

Public welfare advocates say federal benefits, such as food stamps and housing assistance, alleviate financial stress, and more worker productivity tends to mean higher pay, which, in turn, means more contributions to federal taxes and the U.S. economy as a whole. Conversely, if a person does not have access to basic health care, they could become sick and unable to work.

The Department of Homeland Security has said it “does not agree that this rule would be the cause of such unfortunate events,” such as a person becoming ill.

How fewer lower skilled workers would affect certain industries

While higher-skilled immigrants tend to make more money and, therefore, contribute more to the U.S. economy, certain industries rely heavily on lower-skilled immigrants.

The hospitality, agriculture and construction sectors in particular have been facing labor shortages in recent years.

The expanding economy has been creating more jobs, but a crackdown on unauthorized immigrants, combined with better job opportunities in immigrants’ home countries–particularly in Mexico–have contributed to a shortage of workers.

If fewer low-income immigrants are allowed into the U.S. because of the public charge rule, those shortages are likely to worsen.

But the Trump administration has taken other steps to increase the number of immigrants workers allowed into the U.S. each year to work specifically in the agriculture industry and in seasonal jobs, which could offset some of the reduction that might be caused by the public charge rule.

A chilling effect?

Opponents of the public charge rule argue it could have a chilling effect, causing immigrants who are legally allowed to use federal public benefits to forgo utilizing those programs –particularly children who are U.S. citizens but live with their immigrant parents.

While it is unclear whether there is a direct link to the rule’s unveiling in 2018, SNAP participation rates among families with immigrant members fell between March 2018 and March 2019.

During the same time, the participation rate for households with no immigrants increased, according to Watson’s analysis of federal data that was first published in Econofact.

In response to concerns about a chilling effect, the Department of Homeland Security said in its final rule that it expects immigrants “will make purposeful and well-informed decisions,” but the agency said they declined to scale back the rule to avoid the possibility that individuals might choose not to enroll in welfare programs because “self-sufficiency is the rule’s ultimate aim.”

An economic or value judgment?

In the end, Watson said it is difficult to calculate exactly how much the public charge rule will affect the U.S. economy.

The change is a rule, not a law, and the language is fairly vague, so the next presidential administration could choose how much weight to give the income thresholds and public benefits measurements when considering the host of factors involved in an immigrants’ application for legal status.

While some countries put more emphasis on immigrants’ skillset when considering admission, the U.S. has historically prioritized family reunification. If the public charge rule is strictly enforced, the U.S. would be signaling a major shift in its immigration policy.

“We would lose the emphasis on families,” Watson said. “And that’s a value judgment the American people need to make.”

For their part, Trump administration officials have said the rule promotes the “ideals of self-sufficiency and personal responsibility.”

Source: How a wealth test for immigrants could affect the U.S. economy

ICYMI: African Immigrants May Be Trump’s Next Target

Of note, with possible impact on future asylum seekers in Canada:
Last week, Politico reported that the Trump administration was considering adding seven new countries to its travel ban. A majority of them—Eritrea, Sudan, Tanzania, and Nigeria, which is by far the most populous of the seven—are in Africa. The rationalization appears to involve terrorism. In the “counterterrorism” section of a January 17 speech, Chad Wolf, the acting secretary of the Department of Homeland Security, declared, “We’re establishing criteria that all foreign governments must satisfy to assist DHS in vetting foreign nationals seeking to enter our country … For a small number of countries that lack either the will or the capability to adhere to these criteria, travel restrictions may become necessary to mitigate threats.”Because the Supreme Court upheld Donald Trump’s travel ban in 2018 on national-security grounds, it’s not surprising that administration officials would cite that same rationale to expand the ban now. But the argument is weak. According to numbers crunched by the Cato Institute’s Alex Nowrasteh when Trump first imposed the ban three years ago, not a single person born in Eritrea, Tanzania, Nigeria, or Sudan killed a single American in a terrorist attack on American soil from 1975 to 2016. (The same is true of Belarus and Myanmar, two of the other three countries Trump may add to the travel-ban roster. Two people from Kyrgyzstan, the final country, were implicated in deadly anti-American terrorism incidents during the period, according to Nowrasteh’s tally.)
A Wall Street Journal article on the potential travel-ban expansion suggests a different justification: Travelers from Eritrea, Sudan, and Nigeria are more likely than travelers from other countries to overstay their visas. But if that’s the case—as Tom Jawetz, an immigration expert at the Center for American Progress, explained to me—the answer is to train the U.S. consular officers who give out those visas to better determine who won’t return home, or to actually increase visas to meet legitimate demand. The answer is not to collectively punish the population of an entire country.But if the Trump administration’s real motivation is to decrease immigration from Africa, then collective punishment has a certain logic to it. For several years now, Trump has trained his nativist ire on Muslims and Latinos. The travel ban suggests he’s adding a new target, just in time for the 2020 elections: Africans.According to the Pew Research Center, the number of black immigrants in the United States has grown fivefold over the past 40 years. America’s immigrant population from sub-Saharan Africa more than doubled from 2000 to 2016 alone. Trump’s allies have noticed. In her book Adios America, which Trump publicly praised, and parroted, when he launched 2016 campaign, Ann Coulter claims, “There were almost no Nigerians in the United States until the 1970s. Today there are 380,000.” This is a problem, she declares, because “in Nigeria, every level of society is criminal.” When 500 Congolese and Angolan immigrants showed up at the Texas border last June, Tucker Carlson warned that, because of “population growth … on the continent of Africa,” African immigration “could become a torrent” that could “overwhelm our country, and change it completely and forever.”

Trump himself, according to The New York Times, vented in a 2017 Oval Office meeting that on his watch the United States had admitted 40,000 Nigerians who would never “go back to their huts.” (Nigerian immigrants are actually twice as likely to have at least a bachelor’s degree as Americans as a whole.) During an immigration meeting in 2018, The Washington Post reported, Trump referred to Haiti, El Salvador, and nations in Africa as “shithole countries.” Soon afterward, the White House unveiled a proposal to remake America’s immigration system. According to the Center for American Progress, it would have reduced immigration from sub-Saharan Africa by 46 percent, more than any other region of the world.

But while Trump’s animosity to African immigration isn’t new, it has never before taken center stage in his administration’s policies or his public rhetoric. Trump launched his 2016 presidential campaign talking about Mexican rapists. He made building a wall on America’s southern border his campaign’s rallying cry. He responded to the December 2015 jihadist attack in San Bernardino, California, by demanding a ban on Muslim immigration. He made Central American immigrant “caravans” the heart of his get-out-the-vote strategy in 2018.

So Trump is diversifying his array of immigrant threats. Singling out African countries could spark a public battle with the Congressional Black Caucus, Somalian-American Representative Ilhan Omar, and African American celebrities—just the sort of foes who rouse Trump’s base. Expect presidential tweets and Tucker Carlson monologues about Nigerian email scammers and crime rates in Lagos. In Trump’s ceaseless battle to terrify Republicans with the specter of an America no longer controlled by white men, a new front may be opening up.

Source: African Immigrants May Be Trump’s Next Target

U.S. Supreme Court lets hardline Trump immigration policy take effect

Sigh:

The U.S. Supreme Court gave the go-ahead on Monday for one of President Donald Trump’s hardline immigration policies, allowing his administration to implement a rule denying legal permanent residency to certain immigrants deemed likely to require government assistance in the future.

The justices, on a 5-4 vote, granted the administration’s request to lift a lower court’s injunction that had blocked the so-called public charge policy while litigation over its legality continues. The rule has been criticized by immigrant rights advocates as a “wealth test” that would disproportionately keep out non-white immigrants.

The court’s five conservative justices, including Chief Justice John Roberts and two justices appointed by Trump, carried the day. The court’s four liberal justices said they would have denied the administration’s request. The action was announced even as Roberts sat as the presiding officer in Trump’s impeachment trial in the U.S. Senate.

Lawsuits aiming to block the policy were filed against the administration by the states of New York, Connecticut and Vermont as well as by New York City and several nonprofit organizations.

In imposing an injunction blocking it, Manhattan-based U.S. District Judge George Daniels on Oct. 11 called the rule “repugnant to the American Dream” and a “policy of exclusion in search of a justification.”

The administration asked the high court to let the rule go into effect even before the New York-based 2nd U.S. Circuit Court of Appeals rules on Trump’s appeal of the injunction. The 2nd Circuit is considering the matter on an expedited basis, with legal papers to be submitted by Feb. 14 and arguments expected soon afterward.

The administration can now enforce the rule nationwide except in Illinois, where a lower court has blocked its implementation.

Ken Cuccinelli, acting deputy secretary at the U.S. Department of Homeland Security (DHS), praised the high court.

“It is very clear the U.S. Supreme Court is fed up with these national injunctions by judges who are trying to impose their policy preferences instead of enforcing the law,” Cuccinelli told reporters.

GREEN CARDS

At issue is which immigrants will be granted legal permanent residency, known as a “green card.” Under Trump’s policy, immigration officers would consider factors such as age, educational level and English proficiency to decide whether an immigrant would likely become a “public charge” who would receive government benefits such as the Medicaid health insurance program for the poor.

The administration has said the new rule is necessary to better ensure that immigrants will be self-sufficient. Critics have said the rule would disproportionately bar low-income people from developing countries in Latin America, Africa and Asia from permanent residency.

“Limiting legal immigration based on an applicant’s wealth is shameful and entirely un-American,” Democratic Senator Dick Durbin wrote on Twitter.

A spokesman for U.S. Citizenship and Immigration Services, the agency that processes visa applications, said it would “determine the most appropriate method to implement the public charge rule” and would release additional information soon.

Trump has made his tough immigration stance a hallmark of his presidency and 2020 re-election campaign.

U.S. immigration law has long required officials to exclude people likely to become a “public charge” from permanent residency. U.S. guidelines in place for the past two decades had said immigrants likely to become primarily dependent on direct cash assistance or long-term institutionalization, in a nursing home for example, at public expense would be barred.

The new rule expands the “public charge” bar to anyone deemed likely to receive a much wider range of public benefits for more than an aggregate of 12 months over any 36-month period including healthcare, housing and food assistance.

The vast majority of people seeking permanent residency are not eligible for public benefits themselves. A 2019 Urban Institute survey found that the administration’s rule was already deterring people from seeking benefits for U.S. citizen children for fear of harming their own future immigration status. Benefits for family members are not considered under the rule.

Claudia Center, a lawyer with the American Civil Liberties Union, said the rule targets disabled people applying for green cards and “enshrines the false stereotype that people with disabilities do not contribute to our society.”

The high court could give Trump more victories on immigration policy. The conservative justices signaled support in November for Trump’s bid to kill a program that protects hundreds of thousands of immigrants – dubbed “Dreamers” – who entered the United States illegally as children. A ruling is due by the end of June.

The court in 2018 upheld Trump’s “travel ban” targeting people from several Muslim-majority countries.

Conservative Justice Neil Gorsuch, a Trump appointee who voted to lift the injunction, issued an opinion criticizing lower courts’ “increasingly common” use of nationwide injunctions to halt government policies. Gorsuch urged the court to confront the issue.

“What in this gamesmanship and chaos can we be proud of?” Gorsuch asked.

Two other federal appeals courts previously lifted nationwide injunctions ordered by lower courts blocking the rule.

Source: U.S. Supreme Court lets hardline Trump immigration policy take effect

Canada Wins, U.S. Loses In Global Fight For High-Tech Workers

The latest article on the “Canadian advantage:”

Hundreds of tech workers pack an auditorium for a recent networking event in Toronto. The evening’s host glides around the room on a hoverboard, equal parts game show host and tech bro.

“Who here is new to Canada?” asks Jason Goldlist, the co-founder of TechToronto, an organization that helps newcomers navigate the city’s fast-growing tech ecosystem.

Dozens of hands shoot up in the air — one belonging to Alok Chitnis, who moved to Canada last year. Chitnis is originally from India. He went to graduate school in the U.S. and found a job in Colorado. But last May, he moved to Canada to launch his own startup.

“It’s vibrant. It’s very welcoming for immigrants,” Chitnis says. “There are a lot of services by the government to help newcomer entrepreneurs especially. So the whole ecosystem is pretty welcoming compared to the U.S.”

If there is a war for global tech talent, right now Canada is winning — and the U.S. may be losing its edge. Toronto saw the biggest growth in technology jobs of any North American city over the past five years, outpacing San Francisco, New York and Seattle. Vancouver also made the top five.

The tech industry across Canada is booming. And one of the biggest reasons is U.S. immigration policy. The Trump administration has made it harder for high-skilled workers to get visas. It also has blocked entrepreneurs from some majority-Muslim countries altogether under the travel ban, which it’s moving to expand to more countries.

Canada, meanwhile, has been making it easier for tech workers to immigrate there. A new streamlined visa in Canada has brought in more than 40,000 tech workers from around the world in the past two years alone.

“While the States has gone, ‘Let’s make it difficult to get the employees here on a visa,’ Canada’s gone the exact opposite, and it’s beneficial for Canada,” says Alex Norman, the other co-founder of TechToronto. “You had a fast-growing ecosystem here that’s been getting a shot of steroids.”

Under the Trump administration, high-skilled workers are getting rejected at a higher rate. In 2015, 92% of new H-1B visa applications were approved. But in the last two years, the approval rate dipped to only 75%.

Immigration authorities say they’re trying to ensure that companies follow the rules. Employers are required to show that hiring a foreign worker will not hurt Americans.

“You know, I have a high regard — as does the president — for protecting U.S. workers,” said Ken Cuccinelli, who was then the acting head of U.S. Citizenship and Immigration Services, in an interview last year.

Cuccinelli was asked about the need to crack down on fraud and abuse. “The H-1B program has been controversial in this regard,” he said. “And it is concerning.”

Meanwhile, U.S. tech companies complain that they can’t find enough qualified candidates to fill all their open jobs.

More than a dozen hiring managers from tech startups recently squeezed into a private dining room at Del Posto, a high-end New York City restaurant. One of them was Susan Riskin, the head of human resources at Bitly, which is well-known for making Web addresses shorter.

“We doubled the size of our technology team in the last year,” Riskin said. “And we feel like we have exhausted New York and Denver. And now it’s like we’re trying to figure out where to go next, what we need to do.”

All of the hiring managers at the table were confronting a similar problem. They came for the New York strip steak and Italian wine — but also to hear a business pitch from Irfhan Rawji, the founder of a Canadian company called MobSquad.

“If you’d rather fill a job than go without, call us,” Rawji said. “We’ll open a virtual subsidiary for you in Canada. You get access to the world.”

Rawji’s pitch, in a nutshell, is this: Say your firm wants to hire an international tech worker, but the worker’s visa application is rejected or the application process is dragging on for months.

“The next-best solution to keeping them here in the U.S., if you can’t do that, is to put them in Canada,” Rawji said. “The flights are an hour and a half to two hours. It’s the same business culture. And we try to match or beat the total cost for you here.”

U.S. tech companies have long relied on a steady stream of engineers and software developers from China, India and elsewhere. The process of getting an H-1B visa was often expensive and slow, says Meagan Soszynski, the head of human resources for an advertising app called Yieldmo. But at least it was predictable.

“You followed a certain process, you paid a premium, but you pretty much always got the outcome that you wanted,” says Soszynski.

She says that’s not the case anymore.

“In the last year, I would say every one of my H-1B cases have been met with some sort of delay,” Soszynski says. “So the immigration changes are certainly being felt by us on the front lines.”

The U.S. remains a popular destination for international workers. The number of applicants for H-1B visas stills exceed the annual cap of 85,000. But in recent years, fewer are applying.

“The biggest thing that’s going to hurt the U.S. competitiveness is the overall rhetoric or tone” on immigration, says William Kerr, a professor at Harvard Business School and the author of The Gift of Global Talent, who also serves on the board of MobSquad.

“If you think about migration, people are making a choice to come and invest in their lives, whether for school or for work, and they want to have long-term opportunities,” Kerr says. “And the uncertainty and the hostility really dampen that enthusiasm.”

President Trump says he understands the problem.

“We have to allow smart people to stay in our country,” Trump said in an interview with Laura Ingraham on Fox News this month.

“We don’t have enough of them. And we have to be competitive with the rest of the world too,” Trump said.

But global tech workers say the Trump administration’s policies make the U.S. less attractive.

Ozge Yoluk started a new job in Toronto this month. She was born in Turkey and studied in Europe. Yoluk worked as a postdoctoral researcher in computational biology at the University of Maryland in Baltimore. She says the field is “like playing video games” — except in these games, the characters are proteins and experimental drugs.

The company she joined, ProteinQure, is using tech to design new treatments. Pharmaceutical companies in the U.S. are doing similar work. But Yoluk says she didn’t even bother applying for those jobs.

“Getting a visa in the U.S. is not easy,” Yoluk says. “And it’s really costly, not just for the companies but also for the person itself.”

Yoluk says the higher rejection rate for work visas has made U.S. companies more reluctant to sponsor foreign workers — and foreign workers more reluctant to go through the process.

“I said I will not waste my time applying for positions in the States,” Yoluk said. “Whereas in Canada, the process was easy.”

Yoluk says she got her Canadian visa approved in about two weeks. She didn’t even need a lawyer to navigate the process.

A few blocks away, I met Milad Zabihi at a coffee shop in downtown Toronto. Zabihi is the CEO of a startup called Peekage, which helps companies target customers. Zabihi immigrated to Canada from Iran. Several of the company’s other co-founders are also Iranian.

“We are a bunch of friends from university time,” Zabihi says. “We were thinking of like, you know, starting something new.”

Zabihi says they wanted to locate this new venture in the United States. But then, Trump’s travel ban blocked most immigrants and visitors from Iran and several other Muslim-majority countries.

“Everyone’s like, OK, the U.S. is not an option,” Zabihi says. “Especially we like, you know, what is happening right now with the new administration and Islam. So we were basically thinking of, like, what would be the best next option.”

Now big U.S. tech firms are following global tech workers north of the border.

Google, Microsoft, Intel and Uber have either opened or announced plans for new offices in Canada.

“Toronto’s now the fastest-growing tech city in North America,” said Yung Wu, the CEO of the MaRS Discovery District, a technology hub in Toronto that’s home to 150 tech startups. It takes up most of a city block, with multiple buildings connected by a soaring glass atrium.

Wu says the Toronto tech industry has been growing for a while. But the U.S. immigration crackdown accelerated that growth.

“Look, every time Trump tweets, we get another sort of injection, which is all good from my perspective,” Wu says. “Companies are locating here because they can get access to foreign talent faster.”

Wu says hiring the right people at the right time can be the difference between a company that succeeds and one that doesn’t.

Canada is betting on it.

Source: Canada Wins, U.S. Loses In Global Fight For High-Tech Workers

‘Mexico has become Trump’s wall’: how Amlo became an immigration enforcer

Of interest (just as the Safe Third Country Agreement acts as a wall with the USA):

When a group of Central American families forded the Suchiate River into Mexico last week, they were greeted by a wall of national guardsmen who locked riot shields and fired teargas into the crowd.

Questioned about the incident, Mexico’s president, Andrés Manuel López Obrador, dismissed it as “an isolated case” and said such scenes were “not the style of this government”.

The very next day, the national guard once again teargassed migrants near the border with Guatemala. News footage showed women and children howling in distress as guardsmen rounded them up and loaded them on to buses.

The president, generally referred to as Amlo, once railed against the abuse visited on migrants. In opposition, he pleaded for Mexico to provide safe passage to people heading for the US border.

But 13 months into his presidency – and under the looming threat of US tariffs – Amlo has assumed a new role: immigration enforcer.

The president his struggled to reconcile his past rhetoric with current actions, claiming good intentions at every turn, invoking human rights and even citing scripture to call for the proper treatment of migrants.

But Amlo has staunchly defended the national guard, a militarised police forced he created last year ostensibly to fight organized crime. Its first deployment was against migrants, even as violence continues to wrack the country.

“The national guard resisted a lot because there was aggression, on the part of the migrants,” he told reporters. “They didn’t fall in the trap of responding with violence, which is possibly what the leaders of these caravans and our political adversaries were looking for.”

Cabinet ministers parroted the same line: “In no way was there an act of repression,” said the interior minister, Olga Sánchez Cordero. “A tragedy was avoided,” said the foreign minister, Marcelo Ebrard.

The National Immigration Institute, meanwhile, said that it had “rescued” 800 migrants – using the word as a euphemism for “arrested”.

As he swept to power in 2018, Amlo promised to end a bitter history of government repression: under successive administrations, soldiers and police have often been deployed to disperse – and disappear – protesters and opposition activists.

“Mexico has a long history of its government acting out against its citizens,” said Esteban Illades, editor of the magazine Nexos.

But the arrival of migrant caravans from Central America has exposed the extreme ideological promiscuity of Mexican politics. Like his ministers, members of Amlo’s coalition have followed the president’s lead and turned against the caravans.

Source: ‘Mexico has become Trump’s wall’: how Amlo became an immigration enforcer