1993 – Ratification of nafta requires separating free trade from labor & human rights 1993 – Ratification of nafta requires separating free trade from labor & human rights




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1993 – Ratification of NAFTA requires separating free trade from labor & human rights

  • 1993 – Ratification of NAFTA requires separating free trade from labor & human rights

  • 2001 – Pres. Bush & Pres. Fox expect Bilateral Agreement – derailed by 9/11

  • 2007-2008 – U.S. subprime mortgage issues & political partisanship







1,951 miles

  • 1,951 miles

  • 4 U.S. States: TX, NM, AZ, CA

  • 6 Mexican States: Baja California Norte, Sonora, Chihuahua, Coahuila, Nuevo Leon, Tamaulipas

  • Over 20 Commercial Crossings

  • Most Frequently Crossed International Border in the World

  • 350 Million People per year Cross Legally

  • Over 1 Million Cross Illegally



Common History and Culture

  • Common History and Culture

  • Family Ties and Artificial borders

  • Shifting U.S. policy

    • WWI : labor needed, restrictions eased
    • Depression: restrictions increased
    • WWII: “Bracero Program” – 1942 to 1963


Bilateral U.S./Mexico Agreement

  • Bilateral U.S./Mexico Agreement

  • U.S.: wages, living conditions, workplace safety, medical services supposed to be comparable

  • Failed Commitments

  • 4.2 Million Mexican Workers

  • INS avoided deporting undocumented workers during harvest seasons

  • No sanctions for employers



1965 – Immigration Reform

  • 1965 – Immigration Reform

  • Family-based Preference System

  • 120,000 annual ceiling on W. Hemisphere visas

  • Cesar Chavez & Liberal Democrats Opposed undocumented workers – labor issues

  • Also opposed employer sanctions - Could lead to ethnic job discrimination



1976 – Pres. Ford established: Domestic Council Committee on Illegal Immigration

  • 1976 – Pres. Ford established: Domestic Council Committee on Illegal Immigration

  • “People who are underground cannot be protected from job abuse or from landlords, discrimination, disease, or crime; they may avoid education for their children, and they are unable or reluctant to assert political or legal rights.”



NOT the familiar assault on illegal aliens who Take American jobs, Consume public benefits, and Promote crime & disease.

  • NOT the familiar assault on illegal aliens who Take American jobs, Consume public benefits, and Promote crime & disease.

  • Focused on Disregard for Rule of Law & Creation of an Underclass

  • But Cautioned: “Mass deportation is both inhumane & impractical.”

  • “Police state tactics are abhorrent to the American conscience.”



1977: Pres. Carter proposed Comprehensive Plan to address Illegal Immigration

  • 1977: Pres. Carter proposed Comprehensive Plan to address Illegal Immigration

  • Heavy penalties for hiring undocumented aliens;

  • Soc. Sec. card to verify employee eligibility;

  • Enhanced Border Patrol

  • Amnesty for those in country before 1970

  • Penalties Opposed by La Raza & MALDEF – civil rights grounds

  • AND Amnesty opposed by Law & Order Conservatives



1981 Report: Lawful Immigration – Positive force in American life

  • 1981 Report: Lawful Immigration – Positive force in American life

  • Illegal immigration – urgent problem

  • Vulnerable shadow population

  • Endorsed more BP resources, Employer sanctions & Legalization for current residents

  • 1986 Immigration Reform & Control Act

    • Weak employer sanctions, Amnesty/Legalization, Seasonal Agricultural Worker program, BP funding


NAFTA (1994) Trade Liberalization but full integration of Labor Markets excluded

  • NAFTA (1994) Trade Liberalization but full integration of Labor Markets excluded

  • 1993 – Operation Blockade: El Paso

    • Operation Gatekeeper: San Diego
  • Contradictory U.S. policies - Ineffective

  • U.S./Mexico talks stalled by Sept. 11, 2001



1993 –North American Agreement on Labor Cooperation - Labor Principles of the NAALC

  • 1993 –North American Agreement on Labor Cooperation - Labor Principles of the NAALC

  • Freedom of Association * Collective /Right to Organize Bargaining.

  • Right to strike. * No Forced Labor.

  • Child Labor Protections * Minimum Employment Standards.

  • No Employment Discrimination * Equal Pay (Gender).

  • Prevention of Occupational Injuries. * Worker compensation.

  • Protection of Migrant Workers.



In an economy without distortions, the optimal immigration policy is open borders

  • In an economy without distortions, the optimal immigration policy is open borders

  • Equalization of prices for factors of production and goods across borders promotes economic efficiency & maximizes global welfare

  • Barriers to movement leave gains from trade unexploited



Culture

  • Culture

  • Redistribution of Income – Increased labor supply will drive down wages

  • Social services and Tax issues

  • Protectionism/ Xenophobia

  • Political posturing and Gridlock





Operation Jumpstart –

  • Operation Jumpstart –

    • 6,000 National Guard personnel deployed to the Border
    • Increased Border Patrol funding & emphasis
    • “Catch & Return”
    • Undocumented Worker Raids
  • Oct. 2006: President Bush signs bill authorizing construction of 700 mile fence along Mexico/U.S. border

  • November Elections - 2006

  • Insufficient Appropriation to Construct Fence

  • Tough Talk Continues



U.S./Mexico economies are intertwined

  • U.S./Mexico economies are intertwined

  • Law & Economics Analysis: Contradictory U.S. Policies

    • Money spent on Border Patrol wasted
      • BP Budget increased 10x from 1986-2002
      • Cost of one apprehension - $300 in 1992; $1,700 in 2002
    • Costs & risks of crossing increased
    • Number of illegal crossings not diminished, simply moved to more hazardous areas
    • Deaths increased, Payments to “coyotes” increased
    • Returns to Mexico decreased




Scope of the Undocumented Worker Issue: Estimated 12 Million workers & dependents

  • Scope of the Undocumented Worker Issue: Estimated 12 Million workers & dependents

  • Bipartisan House Bill Flake (R-AZ)/Gutierrez (D-IL)

    • Increase border controls
    • Employer enforcement
    • Undocumented persons go to border check-point to Reenter legally, Pay $2,000 fine, Pass security check


Conservative Plan:

  • Conservative Plan:

    • 3-year Guest Worker Visas cost $3,500
    • Must return to home country & apply for re-entry
    • Pay $10,000


Legalization/Amnesty?

  • Legalization/Amnesty?

  • Sanctions?

    • Employers? Illegal Entrants? Undocumented Residents?
  • Worker Visas

    • Length?
    • Tied to Employer? Employment? Family?
    • Labor Rights?
    • Social Programs?
  • Bilateral Talks - Critical



U.S.

  • U.S.

  • Mexico

  • International



Justice Holmes (1904) described “hydraulic pressure” in difficult times

  • Justice Holmes (1904) described “hydraulic pressure” in difficult times

  • Psychological phenomenon that influences politics, policymaking, & the law

  • Distorts clear concepts, bends

  • principles, foreshortens perspective

  • so that history’s lessons no longer

  • help frame current issues



Justice Stevens (2004): If this Nation is to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny.”

  • Justice Stevens (2004): If this Nation is to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny.”





2007 – Congressional Hearings on Immigration

  • 2007 – Congressional Hearings on Immigration

  • 2008 – ICE Raids on Meatpacking Plants

  • 2007-2008 – Subprime Mortgage Meltdown & Global Financial Market Issues

  • 2008 – U.S. Presidential Election



Decouple National Security & Immigration

  • Decouple National Security & Immigration

  • Reduce Militarization of US/Mexico Border

  • Temporary Guest Worker Program

  • Path to Legal Citizenship

  • US Employers – Labor needs & enforcement

  • Bilateral Talks

  • Human Rights

  • Economic Development Funding

  • Complete NAFTA



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