Cool Talk on Hot Topics:Immigration Issues

Professor Virgil WiebeUniversity of St. Thomas

Murphy InstituteMarch 2, 2012

Credit: Coralie Mercier

Mark 4:

Credit: Jay Pastore

Ezekial 17

Immigration Issues in Light of Catholic Social Teaching

• Refugees• Unauthorized Economic Migrants• Authorized Economic Migrants – “Brain Drain?”• Subsidiarity, Solidarity, and State Action

Catholic Social Teaching

• Common Good• Human Dignity• Solidarity• Subsidiarity• Option for the Poor

Resource: http://www.osjspm.org/

Conclusions

Refugees

• CST recognizes right to emigrate, calls for welcome and hospitality by receiving states, and a sharing of responsibilities among states

• US policy over the past decade has resulted in admitting fewer refugees and granting asylum to fewer people

• Compared to almost all other developed countries, the US takes fewer refugees and asylees per capita

Unauthorized Economic Migration

• “Every migrant is a human person who, as such, possesses fundamental, inalienable rights that must be respected by everyone and in every circumstance.” Benedict XVI (2011)

• Regulating migration to further the common good of the receiving community is recognized

• But only “grave requirements of the common good, considered objectively” should lead to restrictions. – US Bishops, Instruction on Pastoral Care of People Who

Migrate (1969)

• 11,000,000 unauthorized live in the US (60% of them Mexicans)– Nearly 7,000,000 have been here for more than 10 years– And by the way . . . 500,000 unauthorized Americans live

in Mexico

• The causes of migration are largely economic (and not the result of individual moral failure)

• The unauthorized population in the US is decreasing in numbers for a variety of reasons

Unauthorized Economic Migration

Unauthorized Economic Migration

• Current Federal Policy Reactions can be questioned– Massive Expenditures on Border Enforcement– Record Setting (and Costly) Deportations– New Prosecutorial Discretion directive holds some

promise

Subsidiarity, Solidarity, and State Action

SolidarityWe are one human family. Our responsibilities to each other cross national, racial, economic and ideological differences. We are called to work globally for justice. Authentic development must be full human development. It must respect and promote personal, social, economic, and political rights, including the rights of nations and of peoples It must avoid the extremists of underdevelopment on the one hand, and "superdevelopment" on the other. Accumulating material goods, and technical resources will be unsatisfactory and debasing if there is no respect for the moral, cultural, and spiritual dimensions of the person.

Source: http://www.osjspm.org/

Role of Government and Subsidiarity

The state has a positive moral function. It is an instrument to promote human dignity, protect human rights, and build the common good. All people have a right and a responsibility to participate in political institutions so that government can achieve its proper goals. The principle of subsidiarity holds that the functions of government should be performed at the lowest level possible, as long as they can be performed adequately. When the needs in question cannot adequately be met at the lower level, then it is not only necessary, but imperative that higher levels of government intervene. Source: http://www.osjspm.org/

“Attrition Through Enforcement”

• “This law attacks our very understanding of what it means to be a Christian.”*– Archbishop Thomas Rodi of Mobile, August 2011

• Restrictive state laws push the notion of subsidiarity to the breaking point

*Source: http://www.mobilearchdiocese.org/templates/readtjrarticles.cfm?Article=RodiArticle74.htm

Authorized Economic Immigrants“Even though they have a right of emigrating, citizens are held to ‘remember that they have the right and the duty… to contribute according to their ability to the true progress of their own community. Especially in underdeveloped areas where all resources must be put to urgent use, those men gravely endanger the public good,’ who, particularly possessing mental powers of wealth, are enticed by greed and temptation to emigration. They ‘deprive their community of the material and spiritual aid it needs.’”

• Sacred Congregation for Bishops, Instruction on the Pastoral Care of Immigrants, para. 8 (1969)

Skilled & Educated Migrants

• Pistone and Hoeffner argue for a CST paradigm shift on this issue:– Migration is often temporary– “Brain Drain” exaggerated– International Transfers of Knowledge– Money Transfers – Direct Investment and

Remittances– Technology Development and Transfer

Source: Pistone & Hoeffner, STEPPING OUT OF THE BRAIN DRAIN (2007)

“With what can we compare the kingdom of God?”

• The long version follows. . . The notes prior to this page are the basis of the presentation on March 2, 2012. In that talk, I references additional slides that would be available on the Murphy Institute website.

Refugees and Asylum

“The refugee’s rights include his right to enter a country in which he hopes to be able to provide more fittingly for himself and his dependents. It is therefore the duty of the State Officials to accept such immigrants – and – so far as the good of their own community, rightly understood, permits – to further the aims od those who wish to become members of a new society”

Pacem in Terris, para. 106 (1963)

Refugees and Asylum“Asylum seekers, who fled from persecution, violence and situations that put their life at risk, stand in need of our understanding and welcome, of respect for their human dignity and rights, as well as awareness of their duties. Their suffering pleads with individual states and the international community to adopt attitudes of reciprocal acceptance, overcoming fears and avoiding forms of discrimination, and to make provisions for concrete solidarity also through appropriate structures for hospitality and resettlement programmes. All this entails mutual help between the suffering regions and those which, already for years, have accepted a large number of fleeing people, as well as a greater sharing of responsibilities among States.”

Benedict XVI, Migration and the New Evangelization (Sept. 21, 2011)

Refugees & Asylees

• Conflicts around the world – estimate of 10,000,000 to 20,000,0000 refugees

• The US in recent years has capped refugee admission annually at 80,000

• Asylum grants within the US have been falling in recent years

Refugee Arrivals

Graphic: Migration Policy Institute

Asylum Grants in US

Graphic: Migration Policy Institute

Asylum Data 1994-2022 Average annual

number of asylumapplications

Average annualnumber of asylumapplications (per 1,000 of population)

Average Acceptance Rate

Switzerland 25,000 3.5 39%

Netherlands 35,000 2.2 62%

Belgium 22,000 2.1 32%

France 31,000 0.5 18%

United States 75,000 0.3 30%

Italy 9,000 0.2 25%

UNHCR data cited in Eiko R. Thielemann, Burden Sharing: The International Politics of Refugee Protection (2006)

Unauthorized Economic Migrants“The phenomenon [of migration], as everyone knows, is difficult to manage; but there is no doubt that foreign workers, despite any difficulties concerning integration, make a significant contribution to the economic development of the host country through their labor, besides that which they make to their country of origin through the money they send home. Obviously, these laborers cannot be considered as a commodity or a mere workforce. They must not, therefore, be treated like any other factor of production. Every migrant is a human person who, as such, possesses fundamental, inalienable rights that must be respected by everyone and in every circumstance.”

CARITAS IN VERITATE (2009), para. 63

Unauthorized Economic Migrants

• Migration linked to the right to subsistence and the duty to sustain one’s family

• John Paul II referred to the “Migration of the Desperate”– John Paul II, World Migration Day Address 2000

• “Man has the right to leave his native land for various motives – and also the right to return – in order to seek better conditions of life in another country”– John Paul II, Laborem Exercens (1981), sec. 23

Unauthorized Economic Migrants• Regulating migration to further the common

good of the receiving community is recognized• But only “grave requirements of the common

good, considered objectively” should lead to restrictions. – US Bishops, Instruction on Pastoral Care of People Who Migrate

(1969)

• The standard is not met when restrictions are “merely for the purpose of acquiring additional wealth”– US & Mexican Bishops, Strangers No Longer (2003)

How many unauthorized migrants are there in the US?

The US Population 2010

FY10 Removals, 400,000

Unauthorized, 11,000,000

Other Foreign Born (USC and Legally Residing), 21,000,000

Natural Born US Citizens, 276,000,000

Sources: US Census Data, US Dep’t of Homeland Security, Pew Research

Who are they?Unauthorized Population (2010)

Mexico 6,640,000

El Salvador 620,000

Guatemala 520,000

Honduras 330,000

Philippines 280,000

India 200,000

China 130,000

Other 2,070,000

Total 10,790,000

Source: US Dep’t of Homeland Security

3.8 million

1.6 million

2.4 million

3 million

Dep’t of Homeland Security

How Long Have They Been Here?

Why have they come?

Source: Lessons From Mexico Under NAFTA, Carnegie Endowment for International Peace, Dec. 2009

Source: Lessons From Mexico Under NAFTA, Carnegie Endowment for International Peace, Dec. 2009

NAFTA?

“Overall, limited employment gains in manufacturing and services have been offset by large employment losses in agriculture. With roughly one million Mexicans entering the labor force each year, the NAFTA model has failed to deliver what Mexico needs the most.”- “Rethinking Trade Policy for Development: Lessons From Mexico Under NAFTA” 2009 Carnegie Endowment report

Washington Post, 12/31/2011, US Border Patrol datahttp://www.washingtonpost.com/world/americas/new-fencing-doesnt-stop-illegal-crossings/2011/11/28/gIQAbLdBQP_story.html

Why are the numbers flattening out?

• It’s the economy, ________.• Increasing economic opportunities in Mexico• Increased border violence by drug cartels• NAFTA’s most disruptive effects have worked

their way through the system• Increased border enforcement – but the fence

not only keeps people out, it keeps them in• Cyclical migration

Who gets deported?

Mexico72%

El Sal-

vador5%

Guatemala 8%

Hon-duras

6%

Philippines

0%

India0%

China0%

Other8%

Removals by Nationality(FY11)

Mexico 286,893

El Salvador 18,870

Guatemala 33,324

Honduras 23,822

Philippines 808

India 854

China 1,297

Other 31,038

Total 396,906

Source: US Dep’t of Homeland Security

Source: US Dep’t of Homeland Security, Immigration & Customs Enforcement

St. Paul Immigration DistrictFiscal year Removals (deportations) Criminal Alien Program

Immigration Arrests2007 1,959 2008 5,309 4,971 2009 6,355 6,217 2010 5,925 6,0552011 5,748 5,743 2012 780 894 (as of 12/5/11)

Source: US Immigration & Customs Enforcement

Border Enforcement• Increased Enforcement Spending Border Patrol

2004 ($6 billion); 2009 ($10.6 billion); gone from 3,000 to 21,000 agents

• Harder then ever to cross illegally• Demand to enter still outstrips supply of visas

- must match labor market demands and visas • Discouraging illegal entrance also discourages legal entrance.

Source: Edward Alden, Immigration & Border Control, Cato Journal (Winter 2012)

Enforcement Alternatives

• Use Cheaper Alternatives to Immigration Detention

• End policy of criminally prosecuting every single unlawful border crosser

• Focus more on ports of entry than between ports of entry

Source: National Immigration Forum, Nov. 2011

Prosecutorial Discretion

• Policy Shift in 2011 by Obama Administration• Called upon its immigration prosecutors to exercise greater

discretion in what deportation cases to push forward• The number of deportation proceedings initiated in last

quarter of 2012 fell sharply to only 39,331 — down 33%ffrom the previous quarter. Even adjusting for seasonal drop-off and for late reporting, there appear to have been over 10,000 fewer deportation filings than would have been expected last quarter.

Source: Transactional Records Access Clearinghouse, Syracuse University, February 2012

Authorized Economic Immigrants

Authorized Economic Immigrants“Even though they have a right of emigrating, citizens are held to ‘remember that they have the right and the duty… to contribute according to their ability to the true progress of their own community. Especially in underdeveloped areas where all resources must be put to urgent use, those men gravely endanger the public good,’ who, particularly possessing mental powers of wealth, are enticed by greed and temptation to emigration. They ‘deprive their community of the material and spiritual aid it needs.’”

• Sacred Congregation for Bishops, Instruction on the Pastoral Care of Immigrants, para. 8 (1969)

Skilled & Educated Migrants

• Pistone and Hoeffner argue for a CST paradigm shift on this issue:– Migration is often temporary– “Brain Drain” exaggerated– International Transfers of Knowledge– Money Transfers – Direct Investment and

Remittances– Technology Development and Transfer

Source: Pistone & Hoeffner, STEPPING OUT OF THE BRAIN DRAIN (2007)

BRAIN STEM Proposals

• Science, Technology, Engineering, Math

• Bringing and Retaining Accomplished Innovators for the Nation– “Proposal to help immigrants with advanced

degrees in math and science secure the right to live and work permanently in the US”

– Had thought of calling it the New Employees for Research & Development and STEM (NERDS Act)

STATE IMMIGRATION LAWS: THE ALABAMA EXAMPLE AND ATTRITION THROUGH ENFORCEMENT

Credit: Travoc photostream

at·tri·tion1. a reduction or decrease in numbers, size, or strength: Our club has had a high rate of attrition because so many members have moved away. 2. a wearing down or weakening of resistance, especially as a result of continuous pressure or harassment: The enemy surrounded the town and conducted a war of attrition. 3. a gradual reduction in work force without firing of personnel, as when workers resign or retire and are not replaced. 4. the act of rubbing against something; friction. 5. a wearing down or away by friction; abrasion.

http://dictionary.reference.com/browse/attrition

SolidarityWe are one human family. Our responsibilities to each other cross national, racial, economic and ideological differences. We are called to work globally for justice. Authentic development must be full human development. It must respect and promote personal, social, economic, and political rights, including the rights of nations and of peoples It must avoid the extremists of underdevelopment on the one hand, and "superdevelopment" on the other. Accumulating material goods, and technical resources will be unsatisfactory and debasing if there is no respect for the moral, cultural, and spiritual dimensions of the person.

Source: http://www.osjspm.org/

Role of Government and Subsidiarity

The state has a positive moral function. It is an instrument to promote human dignity, protect human rights, and build the common good. All people have a right and a responsibility to participate in political institutions so that government can achieve its proper goals. The principle of subsidiarity holds that the functions of government should be performed at the lowest level possible, as long as they can be performed adequately. When the needs in question cannot adequately be met at the lower level, then it is not only necessary, but imperative that higher levels of government intervene. Source: http://www.osjspm.org/

Some Provisions of the Alabama Law

• Void contracts between unauthorized immigrants and anyone else

• Criminalizes business transactions with unauthorized immigrants

• Business licenses pulled if employ unauthorized• All law enforcement become immigration enforcers• Registration of immigration status of all school

children• Criminalizes much contact with unauthorized –

“harboring,” renting, transporting

“Hospitality is not at the margins of scripture. Jesus wasn't kidding around when he said, ‘I was a stranger and you welcomed me.’”– Rev. Gabriel Salguero, president of the National

Latino Evangelical Coalition, at the G92 Conference at Samford University, Birmingham. February 2012

Reactions to Alabama’s Law

“As Christians, we have a responsibility to obey the rule of law, not to enforce the law. And, as citizens of heaven, we also have a responsibility to feed those who are hungry without asking them for [their] immigration status.”– Dr. Richard Land, president of the Southern Baptist Ethics

and Religious Liberty Commission, February 2012

“The new state law is broadly written. Both supporters and opponents of the law agree that it is the broadest and strictest immigration law in the country, affecting every part of the life of undocumented immigrants. In doing so, however, the law makes illegal the exercise of our Christian religion which we, as citizens of Alabama, have a right to follow. . . This law attacks our very understanding of what it means to be a Christian.”– Archbishop Thomas Rodi of Mobile, August 2011