Final Paper - Immigration Policy Outlook

MPA 616 Cultural Competence in a Global Society      Warren E. Hamilton

Spring 2018 - Final Paper                  March 4, 2018

   This paper will examine how both globally, and in America, that Immigration rates vary over time, and fluctuate up and down with:

 Changes in the global economy and domestic business cycles, which influences both the general level of business demand for, and supply of labor. This demand then has an impact on the flow of immigrants world-wide; and,

Changes in the opinions and perspectives of elected officials, public administrators, and the general public. These changing opinions and perspectives are part of the decision making process that politicians and public administrators use to create and implement policy and regulatory systems to control our immigration system.

   This paper will include an analysis of the following independent variables: (A) The global economy; (B) American business cycles; (C) Business demand for immigrant labor; and, (D) the opinions and perspectives of both government workers and the general public. When these independent variables change naturally, or through various forms of manipulation, dependent variables that are measured are impacted in multiple ways.

   Continuing this approach, this paper will also evaluate and assess the following dependent variables both globally and in America: (A) The type of undocumented immigrants (who they are); (B) the level (supply) of undocumented immigrants (how many); and, (C) responses by government and the general public to immigration (knowledge, awareness, policies, and cultural competency). Please note: This assessment defines undocumented immigrants (dependent variable), as both being caused by migration northward (in America), as well as because of the illegal immigrants who were previously admitted legally through a country’s VISA system.

   The United States has grappled with problems with undocumented immigrants for decades. There are various reasons why people come to the United States and in recent decades, the undocumented immigrants include both those who have expired VISAs, as well as those that came by way of America’s southern border. The flow of these two different types of undocumented immigrants is dependent on the global economy, business cycles, perceptions about immigrants, and the need for both skilled and unskilled immigrant labor by American businesses.

   Over the years, this ebb and flow of immigrants has been impacted by changes in the economy, changes in perception, enforcement strategies at the border (and into the interior of border states), verification methods for workers (such as E-Verify), and changes in the number of travel, student, or worker VISAs (such as H-1A and H-1B) authorized by Congress.

   Research by Orrenius and Zavodny (2010) supports the position that recent Great Recession of 2007 was no different than most other recessions, in that the negative effects were worse for poorly educated people, as well as minority workers. Authors Versick and Islam (2010) go on to describe how the housing crisis, and other calamities were connected to a global financial crisis that resulted in the most bleak world-wide economic outlook in over a half century. These researchers have touched on the relationship between the economies of countries around the globe, and how these interconnected economies can either positively or negatively impact business cycles in America.

   In the aftermath of the recent Great Recession, authors Orrenius and Zavodny (2010) examined shifting rates of illegal immigrants, as well as immigrant employment rates in the U.S. These authors found that these employment rates are highly reactive to fluctuations in the overall economy and business cycles, and that Mexican immigrants to the U.S. have both employment and unemployment rates that react more (more “elastic”) to cyclical business cycles than White and non-White hispanic natives (Orrenius and Zavodny , 2010). So, while there is a correlation between the economy and immigration, it appears that immigration from Mexico is impacted more under these shifting conditions.

   One conclusion of this research is that it supports the position that actual immigration rates, and the rates at which immigrants are employed in host countries, are dependent on economic variables and business cycles. While this may seem like common knowledge, these researchers have also shown that the actual rate of employment is also highly dependent on the nationality of these immigrants too, even when controlled for education.

   Research by Hewins-Maroney and Williams (2013) compared global workforce and demographic variables with those same variables in the U.S., and found that fluctuating immigration rates have caused similar demographic challenges to the workforce both globally and in the United States. These challenges have significant implications for public administrations, and is an indicator of how responsive and effective government are to these workforce issues (Hewins-Maroney and Williams, 2013). In other words, the economic climate impacts the level of immigration, and within individual country borders, these immigrants create multiple challenges for ordinary citizens, businesses, and policy makers.

   Contrary to many talking points currently being voiced on the subject, the vast majority of illegal immigrants from Mexico are not coming here to rape, murder, pillage, or sit on the couch all day. This last comment was uttered by President Trump’s Chief of Staff Kelly, when he complained that many potential DACA applicants were not applying because they were lazy and/or could not get of the couch. This comment represents an extreme lack of cultural competence, since the facts will show that many immigrants are coming here for not only the dream of legalization, but also so they can work to support their families, and to provide for their security and protection. Similarly, the other segment of illegal immigrants who overstayed their VISAs are staying, at least in part, to work.

   Lastly, this paper will examine how the concepts and issues listed above can be viewed through the lens of cultural competency, which helps illuminate some of the dynamics around undocumented immigration in America. The general level (or lack thereof) of cultural competence about immigration issues by politicians, and public administrators, can be used as a measure of how successful they are with dealing with these issues.

   There have been various policies and programs in the past that have been used to influence, cope with, or mitigate immigration rates. Research suggests that more information is needed on the actual employment rates (or attempted employment), of undocumented immigrants, and that systems such as E-Verify can be a useful tool in determining these levels. Research by Amuedo-Duarantes and Bansak (2012) indicates that E-Verify was implemented as a way to reduce the hiring of undocumented immigrants, yet the effectiveness of this goal is difficult to empirically verify because of the potential for employer misuse, identity fraud, and the ability of undocumented workers to evade E-Verify systems by going where these systems are not widely used.

   The impact that “small businesses” have on job creation is well documented by research, and authors Aside and Freeman (2007) put it in perspective by pointing out that these businesses represent 99.9% of all businesses, and have generated 60-80 percent of net new jobs annually from 1997-2007. Research by Aside and Freeman (2007) indicates that knowing what the impact of globalization is on small businesses can lead to a better understanding of its effects on the U.S. economy.

   In a similar way to “small” businesses in America, global immigration rates are also heavily dependent on the level of demand for immigrant workers by countries, which of course is impacted by the overall economic climate and fluctuating business cycles. It must be noted that these immigrants are both documented and undocumented, and the American experience shows that a large number of formerly legal immigrants lose their status (e.g.an expired VISAs), but nevertheless choose to remain here illegally. This particular segment of illegal immigrants are not the ones generally refereeced and talked about by the press, and politicians, as illegal immigrants arriving from Mexico. Instead, the general public is bombarded with negative images and caricatures of Mexican immigrants overwhelming our southern border, while the reality is that a very large percentage of undocumented immigrants in America did not come by way of Mexico.

   Research by both authors Hewins-Maroney and Williams (2013) and Orrenius and Zavodny (2010) have examined economic determinants of both immigration rates, rates of employment for immigrants, and the associated challenges. In America, the youngest Baby Boomers are nearing retirement, but as authors Hewins-Maroney and Williams (2013) point out, the newer immigrant workers will be much younger than these retiring boomers.

   The challenge is that the last of the Baby Boomers are preparing for for retirement, so the workforce has become relatively younger than it was 20 years ago. Research done by Pew Research (2015) indicates that forty-nine (49%) of the labor force in 1996 were Boomers. Using these same figures by Pew Research, by 2015, that number was nearly cut in half to twenty-nine (29%) percent. Lastly, by 2015, this data also shows that sixty-eight (68%) of the workers are now comprised of Gen Xers and Millennials. This data shows a relative shift in the age of the American workforce, as the Baby Boomlet is smaller (and younger) than its creators, the Baby Boomers.

   In addition to the transition of the labor force to younger Americans, there are other demographic challenges facing this new diversified work force and it will be challenging integrating these individuals into the American work force (Hewins-Maroney and Williams, 2013). Because of these challenges, it is important to realize that they can be better understood by having improved cultural awareness and enhanced acceptance of multiculturalism. Public administrators, law enforcement, and Immigration and Customs Enforcement & Immigration and Naturalization Service can be more effective if they enhance their understanding of Foundational Cultural Competence, Organizational and Managerial Cultural Competence, and Cultural Quotient.

   In prior decades, the United States has embarked on various efforts to cope with, or manage, undocumented immigrant employment, one being the implementation of the system called E-verify. For many reasons this system delivered mixed results in terms of helping to control, or alleviate both the demand for this labor and the subsequent flow of these undocumented immigrants into the U.S. Amuedo-Dorantes and Bansak (2012) describe how as the immigration debate cooled in Washington in 2007, that prompted states to act independent of Congress, and authorize the use of the E-Verify system. Because Congress lacked the political will to hold American businesses accountable for hiring undocumented workers, the state systems were an incomplete patchwork. As a result, according to Amuedo-Dorantes and Bansak (2012), the majority of the states only authorized it for new hires, while a hand full mandated it for all employees.

   E-Verify was a policy enacted in hopes of putting pressure on business to stop the exploitation of undocumented workers, by using them as cheap labor. However, there were other policies or control efforts authorized by law, and put into place by regulations and policies by public administrators to help control or manage the flow of undocumented immigrants. These options include hardening the border with more barriers, technological enhancements, and a criminal justice response. Authors Bohn, Freedman, and Owens (2015) indicate that they are concerned that the criminal justice response to illegal immigration is narrowly targeting certain actors. The authors draw this conclusion by assessing the impact of the Immigration Reform and Control Act of 1986 IRCA as a case study, and how it was administered in Bexar County, TX.

   Research by Bohn, Freedman, and Owens (2015) found that police responded to IRCA by changing where they patrolled and/or by profiling people who look like immigrants, or who “could be immigrants.” These research findings are supported by contemporary empirical examples, such as the abusive policies instituted by Sheriff Joe Arpaio from Nevada. It is puzzling how the Republican party and POTUS Trump can publicly say that this is a country of “The Rule of Law,” yet turn the other way again, when injustice and abuse is inflicted upon a class of people in such an unconstitutional manner. This empirical, or real world example of Sheriff Joe Arpaio helps illustrate the impact, and level of effectiveness of criminal justice approaches. This case is used to illustrate how officials created a policy to profile “immigrant looking people,” and persisted even after judicial action was pronounced against such practices by multiple courts. 

   The sheriff’s goal was to curtail the flow of undocumented people, but the problem was that he proceeded in-spite of those practices being ruled as being with unlawful, and unconstitutional by multiple courts. Also, the policies of the Sheriff’s Department were treading on turf that Article Two of the U.S. Constitution bestowed on the Federal government. When Sheriff Joe Arpaio persisted, he mistreated the “least of these,” those who were very vulnerable, and who sat at the bottom of the socio-economic status in America. Some deem these people as being “in the shadows,” or as chief of staff Kelly quipped, too lazy to get off the couch to register for DACA. These cases are not atypical of how the immigration debate is being framed, and the level of cultural awareness and appreciation for multiculturalism is poor at best.

   On a larger scale, it is currently March 2018, and the immigration debate rages on in America, but not in Congress. There it appears, flares up from time-to-time, but even now when the Republican party controls both branches of Congress AND the White House, nothing substantive is advanced legislatively.

   POTUS Obama was in office for eight years, and many people say that he’s at fault for not passing a comprehensive immigration bill. However, Article One of the U.S. Constitution makes it clear that the role of congress is to pass legislation, and present it to the President for signature. Passage of such a bill would have help alleviate the problem of undocumented immigrants, and therefore would increase the demand for documented and domestic workers.

   Under the POTUS OBAMA administration these obtainable goals of comprehensive legislation were stopped, as the U.S. Senate Majority Leader’s goal was to do nothing to support the president, who publicly stated that his number one priority was to make POTUS Obama a one-term president. Clearly the legislative and criminal justice approaches have failed.

    Empirical evidences suggests that when POTUS Trump was elected, the flow of undocumented immigrants was sharply reduced, primarily due to the expectation of stricter measures and more attention by the federal government to the issue. So, if we really want to look critically at stopping undocumented immigration, the concentration of our efforts and attention has to go further than discussion of criminal justice approaches at the southern border, since a large number of the undocumented are remained here after their VISAs expired.

   Another approach that was used is E-Verify, and according to authors Amuedo-Dorantes and Bansak (2012), the employment of undocumented workers diminished immediately following the enactment of E-Verify state-wide mandates. So the question is why has Congress failed to implement this mandate nationally? Would greater enactment of E-Verify be more effective than a multi-billion dollar wall? Is the business community more in favor of a wall, and all of its incumbent political benefits, or to E-Verify, which would reduce their supply of cheap labor that can be exploited for financial gain?

   Taking the analysis to a smaller granular level, authors Amuedo-Dorantes and Bansak (2012) differentiate the male and female workers, and indicate that the construction industry where the former work is more elastic to changes in E-Verify policies than the female workers who work in industries not heavily regulated by E-Verify (such as private child-care, cleaning professions, small retail, and food service jobs). As a result, the male worker are more impacted by these verification systems, and their employment in construction related operations is greatly curtailed by E-Verify. According to authors Amuedo-Dorantes and Bansak (2012), the actual chance for employment, and subsequent wages are highly volatile (elastic in economic terms) as a result of “significant reductions in the labor demand of construction companies and contractors following the passage of E-Verify mandates.”

   Unfortunately, states had to implement E-Verify on a individual basis, and the patch-work of state laws regarding E-Verify systems resulted in a number of exclusions by states to certain segments of the agricultural industry and some small businesses (Amuedo-Dorantes and Bansak, 2012). The authors go on to state that there are concerns that have been raised by this state-by-state implementation of E-Verify, and therefore highlights the need for Congress to do more, which underscores the need for comprehensive immigration reform at the federal level (Amuedo-Dorantes and Bansak, 2012).

   Our current understanding of this issue is incomplete, and there are scores of misconceptions and misinformation that nearly everyone has to contend with on TV, Cable, the Internet, newspaper and other print, radio, at the family dining room table, and at the water cooler at work. In may cases this information may biased, may not be accurate, and may be carefully worded and crafted to influence (as opposed to inform) your opinions. This situation helps lead to the general lack of cultural competence and multi-cultural awareness (and appreciation) by many ordinary people, business owners, public administrators, and politicians.

   While politicians have more access to experts, data, and systems that can provide them a greater amount of data and information about this subject, this is counter-balanced by the influence of special interests, and a small or select number of constituents, who if not kept happy, can vote to unseat them in party primaries.

   The scores of intercultural misunderstandings and miscommunications are advanced from both sites, but that does not imply that both sides have equal influence and/or impact sides. This paper has steered clear of any binary statements that pit two opposing sites together in competition, but instead will offer and assessment of the topic, and discuss some consulting thoughts.

   In this struggle over undocumented immigrants in this nation, the policy positions, talking points, and legislative remedies are build and constructed based on our prior experience, knowledge, and the information that we have on-hand (or that we have access to. Unfortunately, a comprehensive or balanced view is lacking from most conversations, discussions, and policy approaches. This has contributed to the problem because citizens, politicians, and public administrators are acting, and reacting, based on an incomplete awareness, or assessment, of the issues and problems regarding undocumented immigration. Our sources of information are plenty, and include: Academic resources ; things we hear people say; Print Media; Radio; Television; Internet; Libraries; and, Other.

   American political and economic leaders have exploited and mischaracterized, and mistreated minorities, or new immigrants, for centuries. The indigenous population that was in North American before the Europeans arrived were mischaracterized, terrorized, and murdered by the millions. The native population went through the process of being dehumanized by the dominant culture, and the various colonies, municipalities, jurisdictions, and federal agencies wrote and broke many treaties and agreements with them.

   American History also tells us that the African Slaves, and Blacks were similarly dehumanized, the only difference being that the Black experience was more systematic, comprehensive, and long lasting. In the U.S. Constitution there is language “set aside” as a footnote in Article 1 Section 2 that Blacks are counted for apportionment purposes in a category called “all other Persons,” and the percentage was 3/5 of a person. Chuck D. from Public Enemy wrote the following lyrics, “I'm never calm on a bomb track, 60 percent 3/fifths Constituted, Huh prostituted, Why I'm mad, ’Cause it's written on the paper Right now” (Public Enemy. Apocalypse 91…The Enemy Strikes Back. “Move” (1991). The song represents the perspective of a lot Black Americans at the time, and and many used it as a motivational force for awareness of the struggle and a need for change. 

   It has been argued that this dehumanization was necessary in order to get the constitution passed, which may be true. However, in the Christian Bible, Jesus said, “Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.” Judaism and Christianity both affirm the dignity of people, while not outright banning slavery. However, people can twist and justify just about anything, even murder and the subjugation of human being as property.

   There are many examples in America’s past where the insensitivity by people against other human are legion, and include the following examples: The Eugenics movement; the Tuskegee Experiments; the burning of Black Wall Street by a White mob; the Rodney King Beating; the unconstitutional actions taken against the Black Panthers by law enforcement; the treatment of Black Service men returning from WWI and WWII; the murder of the Osage Indians; the War on Drugs under Reagan; the maltreatment addicts by the government; and the proliferation of the Felony conviction and incarceration rates for people of color over the past 30 years.

   The maltreatment of immigrants due to this misinformation has followed similar patters as other groups in American history, such as those listed. Mexican and South American immigrants, both documented and documented, are the new victims. These immigrants are being subjected to misconceptions and misinformation, as others have in America’s past, regarding their culture, criminality, and worth. A more informed awareness and understanding of multiculturalism and cultural competence would help advance the conversation, policy, and decision making my both politicians and public administrators.

   Currently, America’s approach for resolving the immigration issue is a one-sided approach that concentrate on hardening the southern border by : Trying to build another wall; and enhancing technology. There is also a separate push for making changes to legal immigration policy (such as family reunification); and, plans to reduce immigration rates for African and Latin immigrants.

   By contrast, there is little interest or legislative remedies that have been advanced to address the problem with our VISA system. States have little authority to act on this without federal mandates like they did when implementing E-Verify systems, since immigration policy is a federal responsibility. Congress is authorized by Article 1 of the Constitution to pass laws in this regard, but has shown little ability to pass comprehensive immigration reform.

   Historical and current policies have been ineffective because they have been devised and/or implemented in a non-comprehensive, or spotty manner, and they suffered from being poor remedies for a complex problem. Many of these policies were not necessarily passed, or promulgated to actually solve the entire problem, but some facet of the whole piece.Lastly, this is not necessarily because of a lack of will, but at least in part because the end goal may be too difficult to obtain.

   So primarily what has been sought were either misguided approaches, or piecemeal solutions that impact or help specific segments of our society differentially. The question needs to be continually asked, “at what point should partisan, or jurisdictional needs and desires take a back seat to what is best for our country as a whole?” Is the answer, never, and if so, would the constitution ever have been ratified? 

   All Americans are impacted by the country’s failed immigration policies, but the individual immigrants and families themselves have to be the most impacted, since they have to endure the scrutiny of citizens, and law enforcement, and have a hard time getting equal or equitable treatment (they are treated differently). They are also mischaracterized as violent, and lazy law breakers, when little factual information or data has been offered to support those claims.

   America is a mix of cultures, which are different based on the different regions, nationalities, and ethnic affiliations of people. People of different cultures sometimes get along well and integrate, while other times they can come into various forms of conflict. The cultural values that guide America’s approach to immigration policy are those of the majority, which means male dominated White America. In the halls of government, the culture of the Republican party and conservative movement is on display in Washington D.C., in both the Oval Office and Congress, nearly all State Houses (state executives), and nearly all state and local legislatures.

   The people who are negatively affected by the failed policies are not well represented, as they are marginalized, unappreciated, and not well represented. Redistricting and Gerrymandering takes this negative situation to another low. On the heels of manor redistricting over the past ten years, them comes Citizens United v. Federal Elections Commission (Citizens United), which was a supreme Court decision in 2010 that in effect, changed the law regarding election campaign donations (britannica.com, https://www.britannica.com/event/Citizens-United-v-Federal-Election-Commission).

   This Supreme Court decisions disrupted what was already a complicated election campaign process and impacted the playing field with respect government access and issues regarding individual citizen rights. To many, this decision was just one more obstacle that added to the problem of disenfranchised people trying to get their collective voices heard (see Gerrymandering above as an another example).

   People who both care about, and who are affected by, these failed policies are not well represented in the development and implementation of any meaningful resolutions. The main difficulty is the disruption and disorder that was created by President Trump’s administration. The current inaction by Congress regarding immigration reform began with the shake up of the traditional Republican Party with then candidate Trumps winning the Republican Primary for President. In addition, the current caustic nature of politics and political discourse across the nation on the issue impedes progress on policy, legislative, and regulatory remedies. 

   Unfortunately the primarily policy options are reduced to a binary choice of win/loss, as opposed to a traditional political posture of win/win. Compromise is seen as bad by some in the GOP, and many Democrats as well (as the minority party, they have little power). The inability of the ruling majority in the White House and Congress to govern by passing substantive or comprehensive legislation, or by making other compromises to find solutions, means that reform is not probable.

   The massive mobilization across Americans for various causes since Inauguration Day for President Elect Trumps is evidence that there is a push that may motivate the electorate at the ballot box in November 2018. The organized masses have made a difference, and will continue to mobilize and take action that can counter-balance the Republican’s executive and legislative agendas. Democrats gaining more seats, or control of one of the houses is the best way that any comprehensive immigration reform can get done. Successful efforts will also depends on the mercurial POTUS Trump, when the primary focus should be on the quality of the legislation written and passed by Congress.

   Another important development that can help our democracy become more democratic again, is the judicial action at the state and federal level that is challenging the pernicious Gerrymandering practices. This will help the election process to be more democratic and fair election, since it is now weighted in favor of Republicans by redistricting elections districts all across the nation to favor Republican/Conservative candidates. 

   Lastly, an increased awareness and appreciation of Cultural Competence and multiculturalism can help. A good first step is trying to understand other cultures by acknowledging their humanity, respecting people as human beings, and their cultures as valid expressions of who they are as people is paramount.

   According to Borrego and Johnson (2012), foundational cultural competencies center around respecting other people, communicating in culturally sensitive ways, creating common ground, being adaptable, and creating an environment of inclusiveness. Building on this foundation, the authors also expand this concept of multi-cultural awareness to the managerial and organizational level. This understanding and awareness of cultural competencies can then be applied to how people view other people in a political or economic sense. This can be applied to our understanding of policies and efforts to reform undocumented immigration via legislative remedies.

   In conclusion, the foundations of democracy in America began with a declaration in 1776, but was not made official until 1787 when the U.S. Constitution was ratified. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Preamble to the Declaration of Independence -

https://www.archives.gov/founding-docs).

   America was founded by Christians, but now America is full of people of varied faiths, and non-believers. Religion or spirituality help people in various ways, including by giving them a purpose for life, a reason to live a good live, because they are compelled by their culture, or because they want a something in the hereafter. Nevertheless, many of the popular religions have guiding principles, or teachings that can help, with respect to helping bridge the gap in the immigration debate and help bring about substantive reform. These philosophies and faiths may help by reducing some of the tension that exists around the immigration debate.

   Religious teachings can also help people understand their place in this world, and how individuals should relate to other creatures, both human and non-human.   These philosophies, teachings, and sacred tenets help set a path, or a “guiding light” for followers to live their daily lives, while the await the hereafter. Politicians and public administrators have the opportunity to learn more about some of these spiritual sources as inspiration in trying to resolve the immigration problem.

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Aside, E and Freeman, J. (2007). The Effect of Globalization on the Performance of Small and Medium-Sized Enterprises in the United States: Does Owners’ Race/Ethnicity Matter? American Economic Review (97:2), 368-372.

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Borrego, Espiridion and Johnson III, Richard G. (2012). Cultural Competence for Public Managers: Managing Diversity in Today’s World. CRP Press - Taylor & Francis Group.

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