Welcome to the AILF

Immigration Policy Report:
providing factual information about immigration and immigrants in America

U.S. Courts Deflate Anti-Immigration Legislation
The Supreme Court insistent on rights for immigrants
U.S. Courts have traditionally diminished the intended effects of anti-immigrant legislation by ruling them unconstitutional. Judicial Responses to early 20th century anti-immigration legislation remain a benchmark for future rulings.

A recent law review article traces the historical and social context of the nativism movement. The author argues that a multi-faceted judicial approach has proven an effective means of countering anti-immigrant legislation.1

The first nationally organized movement against immigrants originated in the 1800's and peaked in the early part of the 20th century. Following the devastating depression of 1893-1897, business failures abounded and unemployment was rampant. Allegations that immigrants were involved in fomenting worker unrest impelled business leaders to become increasingly hostile towards the newcomers. Furthermore, the era's organized labor unions grew leery of immigrant job competition.

Immigration Policy In Focus
 

    Immigrants, Skills, and Wages:
    Reassessing the Economic Gains from Immigration


    by Giovanni Peri, Ph.D.

    The complete report, formatted with graphics, is available as a a PDF file.
    You may also request a printed copy be sent to you via U.S. postal mail.


    Foreign-born workers do not substitute perfectly for, and therefore do not compete with, most native-born workers. Rather, the complementary nature of the skills, occupations, and abilities of foreign-born workers increases the productivity of natives, stimulates investment, and enhances the choices available to consumers. As a result, immigration increases the average wages of all native-born workers, except those who do not have a high-school diploma. Even for the small and shrinking number of native-born workers without a high-school diploma, the decline in wages from immigration is much smaller than some have estimated. A well-balanced immigration policy that attracts foreign-born workers at both ends of the educational spectrum would maximize the economic benefits of immigration for the native-born and build on the traditional appeal of the United States as a country of destination for both highly skilled and less-skilled immigrants.

    Among the findings of this report:

    • Immigration raised the average wage of the native-born worker by 1.1 percent during the 1990s. Among native-born workers with a high-school diploma or more education, wages increased between 0.8 percent and 1.5 percent. Among native-born workers without a high-school diploma, wages declined by 1.2 percent.

       

    • Most foreign-born workers either lack a high-school diploma or have at least a bachelor's degree, while most native-born workers either have a high-school diploma or some college short of a four-year degree.

       

    • Since workers with different levels of education perform different tasks and fill different roles in production, the majority of native-born workers (those with intermediate educational levels) experience benefits, more than competition, from foreign-born workers concentrated in high and low educational groups.

       

    • Even among workers with the same level of formal education, the foreign-born tend to be employed in different occupations than U.S. natives. Less-educated foreign-born workers, for instance, are found mostly in agricultural and personal service jobs, while less-educated natives are found mostly in manufacturing and mining.

       

    • The relatively large positive effect of highly skilled immigrants on the wages of native-born workers with a college degree or more is driven by the fact that creative, innovative, and complex professions benefit particularly from the complementarities brought by foreign-born scientists, engineers, and other highly skilled workers.

       

    • Family reunification policies have served the purpose of keeping earlier immigrants favorable to new immigration, while purely economic considerations would lead them to turn against new immigrants in order to reduce competition for jobs.

       

    Read the entire report at: http://www.ailf.org/ipc/infocus/2006_skillswages.pdf

    The Immigration Policy Center (IPC) is dedicated exclusively to the analysis of the economic, social, demographic, fiscal, and other impacts of immigration on the United States. The IPC is a division of the American Immigration Law Foundation, a nonprofit, tax-exempt educational foundation under Section 501(c)3 of the Internal Revenue Code.

      Copyright © 2004-2006
      American Immigration Law Foundation
      918 F Street, NW, 6th Floor, Washington, DC 20004
      202-742-5600 (voice) | 202-742-5619 (fax) | info@ailf.org (email)

       

      The Value of Undocumented Workers
      The numbers behind the U.S. - Mexico immigration debate

      A study by the Pew Hispanic Center suggests that new immigration initiatives must find a balance between controlling labor flows and homeland security. The report shows immigrant workers provide most major sectors of the U.S. economy with valuable labor.

      Migrant Workers Stabilize Economy

      Although border security measures have become a significant part of bilateral talks between the U.S. and Mexico since September, the central immigration issues must still be addressed. A new report released by the Pew Hispanic Center 1concludes that for nearly a century now the U.S. has relied on Mexican migrant workers to fill domestic labor shortages in nearly every area of U.S. commerce.

      The composite report, authored by several professors from around the country, explains that from the early 1940s implementation of the "Bracero Program" to the most recent legalization program in 1986, history proves that U.S. economic progress and stability can be greatly enhanced by the contributions of immigrant labor.


      Important Considerations

      As President Bush and Mexican President Vicente Fox continue discussions on the framework of a comprehensive immigration reform, researchers at the Pew Hispanic Center expect several major elements will be considered for any permanent improvements:

      • A measure to permit undocumented workers currently living in the U.S. to gain legal immigrant status.

         
      • A program to legalize the flow of future immigrants that is linked to employment.

         
      • Separate measures that would legalize immigrant workers already in the U.S. and ensure a supply of workers in the future.

         

      Still, even with all of these issues incorporated into an agreement, researchers agree that policymakers are faced with a greater dilemma of deciding if only Mexicans will be able to receive these reforms or if they will be extended to the undocumented of other nations.

      Using a mid-range estimate of 7.8 million total undocumented workers in the U.S., Frank Bean, a demographer at the University of California-Irvine, estimates that 4.5 million are from Mexico while the remaining 3.3 million are of other nationalities. Professor Bean calculates that just by simply using these numbers, Mexico is the country that would benefit the most by any new immigration policies.

      Eligibility

      Another controversy that both governments must resolve, according to the report, is the eligibility criteria for an undocumented worker to qualify for a legalization program. Proposals of this nature often place emphasis on the duration of time an undocumented worker has resided in the U.S. These requirements are designed to determine to what extent the individual has established himself in the country.

      Professor Bean estimates that if ten years of residency were required only 3.8 million would be eligible, and 5.8 million if at least five years were required. Bean's findings indicate that nearly a quarter of the undocumented population arrived within the last five years, which is perhaps an indicator of the U.S. economy's demand for workers during a period of rapid growth.

      Urban Workers

      As immigration discussions progress between the U.S. and Mexico, the authors of the report believe it is important to recognize the labor force breakdown by industry.

      B. Lindsay Lowell, director of research at the Pew Hispanic Center, calculates that there are nearly 5 million undocumented workers in the U.S. economy. He believes that these estimates prove immigrant workers to be a very substantial presence in sectors where they are concentrated. More than a million unauthorized workers are employed in manufacturing and a similar number in the service industry. More than 600,000 work in construction and more than 700,000 in restaurants.

      Total Undocumented Estimates

      Of the 8 million undocumented workers living in the U.S., Professor Bean estimates that 58 percent are Mexican, 20 percent are from Central America and the remaining 20 percent from all other origins. Bean contributes the large percentage of Mexican residing in the U.S. to a large common border and a long history of Mexican migration to the U.S. The potential for growth among the relatively recent stream of immigrants from Central America is difficult to determine, according to Bean.


      U.S. economic progress and stability can be
      greatly enhanced by immigrant labor.
       

      The Agricultural Laborforce

      In the same study, agricultural labor economist Philip Martin estimates that from 1 to 1.4 million unauthorized workers are employed in the agricultural sector. His research also suggests that between 430,000 to 530,000 currently unauthorized workers would be eligible to participate in a guest worker program where participants are required between 90 to 120 days of agricultural work to qualify for permanent immigration status.

      If specific legalization privileges were given to agricultural workers in a joint agreement, Martin concludes the need to fill jobs would be tremendous as many of the migrants would leave the agricultural sector in search of higher wages in other areas of the economy.

      Several other research groups found similar data to support these findings. According to a report prepared in 1990, undocumented immigrants paid $547 million in Illinois state tax, while the national aggregate contribution equaled $7 billion. Surprisingly, The Urban Institute also found that undocumented immigrants contributed a national total of $2.7 billion to Social Security and another $168 million to unemployment insurance taxes, both programs they will be unable to access because of their legal status.  

      Conclusion

      Recent statistics compiled by the Pew Hispanic Center suggest Mexico contributes more to the U.S. laborforce than any other foreign country. With the creation of a new legalization program, nearly half of all undocumented workers could be eligible for legal status. The agriculture sector estimates that it will require approximately a half a million workers over the next decade to maintain its current rate of production