Gigabytes of platitudes have spewn forth from the anti-immigration cabal in Congress about their self-proclaimed respect for foreign citizens who wait patiently in line and play by the rules.  The law-abiding folks from other countries — those with work visas or green cards who pay U.S. taxes and those living abroad whose spouses are in the U.S. military — aren’t buying the blather. 

In fact, despite the economic stimulus checks now being sent out, these benighted folks aren’t buying much of anything.  That’s because Congress has denied them their rebate, even though they’ve paid U.S. taxes, by requiring a Social Security Number for every household member.  The problem is that IRS gladly accepts tax payments from law-abiding foreign citizens and issues them a “taxpayer identification number” or “TIN” but the Social Security Administration (SSA) refuses to issue them a Social Security Number. 

So, by Congressional decree and SSA fiat, these folks who “wait patiently” and “play by the rules” will be cheated out of the $1,200 rebate for a married couple and the $300 per-child rebate. Obviously, if they play by Congress’ rules, they’d better be patient because they’ll be waiting a very long time for that phantom rebate.

Sauce for the gander is not necessarily sauce for the goose. If a private employer fails to pay the prevailing wage to a worker in H-1B visa status, U.S. immigration law authorizes the Department of Labor to order the employer to pay back wages.  When a VA hospital is the short-changing employer of 11 H-1B doctors, however, the wage protections of our immigration laws can be ignored, so says the General Counsel (GC) for the Department of Veterans Affairs (DVA). 

Sovereign immunity, the doctrine that bars suits against the government when acting in its governmental capacity, prohibits payment of back-wage claims. According the DVA GC’s  opinion, Congress didn’t express itself unambigously and say clearly that sovereign immunity is no bar to enforcement of a DOL order for back wage payments. 

So, Members of Congress, if you expect employers to follow the immigration laws, lead by example.  Amend the immigration laws to say that notwithstanding sovereign immunity, when the VA or any other government agency that employs H-1B workers stiffs them on wages, backpay is due.

Has it come to this?  Foreseeable panic spreads when U.S. Immigration and Customs Enforcement (ICE) officers enter neighborhoods near schools.  City and school officials in Oakland and Berkeley California have their hands full calming the frayed nerves of children in panic. 

When will ICE learn to temper its power with common sense?  America has many problems: poverty, lack of health care, an economy toppling into recession, a crumbling infrastructure, an over-stretched military, food and gas inflation, pollution, to name but a few.  Must our government add to the pain by scaring our children? 

ICE should chill for now.  Let the next President and the forthcoming Congress have a chance to lead the charge for immigration reform, rather than unleash an overzealous police agency to spread panic in the land.

Yesterday, New York Times reporter Nina Bernstein put a light on the shocking underbelly of immigration in America.  Her Pulitzer-worthy article revealed a tragic and still largely untold story of the government’s stone-cold indifference in the unknown events leading to the death of Boubacar Bah, a tailor from Guinea who overstayed his visa.  How could our government do this?  How could the immigration authorites (in cooperation with a private outsourcing company specializing in the incarceration of immigrants) fail to communicate with Mr. Bah’s family for five days while he lay comatose and shackled in a hospital bed, and hospital officials considered him a candidate for organ donation? Mr. Bah is but one of the 66 immigrants from 2004 to November 2007 who died in immigration custody. 

Why did Mr. Bah and these others die?  Congress and the Inspector General of the Homeland Security Department must investigate.  If wrongdoing is found, responsible persons up the chain of command must be held accountable.  America is better than this.

Our immigration policy hurts more than helps.  Just one example is the way we treat incoming foreign students.  Dr. Allan E. Goodman, President/CEO of the Institute of International Education, made the point vividly in recent testimony before the House Committee on Science and Technology (Subcommittee on Research and Science Education):    

We can all imagine how circumstances might impact international students coming to the United States. Many of us have helped our own children negotiate entering college and understand that it can be a time of great anticipation and excitement but also nervousness and trepidation for young people . . . . [I]magine the incredible fortitude, drive and courage to leave your home country, fly to the United States, navigate the non-immigrant visa review and border entry processes and enter an institution of higher learning here in America.  

. . . . All too often we hear of unpleasant and extremely harassing treatment of incoming students and scholars, particularly of those who come from the Middle East or whose name identifies them as an adherent of Islam. Sometimes the [Department of Homeland Security border] inspector does not appear to understand the process by which international students are admitted to our colleges and universities, and end up questioning the student about issues that have already been decided by the visa-granting [U.S. consular] officer back in the home country.   

This treatment can be particularly intimidating for students who may be traveling abroad for the very first time and who may be confused of what is being asked of them. Some students hail from countries or cultures where figures of authority are never questioned or talked to – even if trying to clarify a request or order. And, of course, there are cultural or religious issues to be bridged. For instance, some Muslim women are not allowed to talk to men outside their family. Some cultures do not encourage direct eye contact with strangers, and hence the student may appear evasive or non-forthcoming in responding.