It is difficult not to join in on this debate...This month the administration would like to lunch the debate on Comprehensive Immigration Reform...Last month Congress enacted the Employ American Workers Act, (EAWA), which is part of the American Recovery and Reinvestment Act. Basically EAWA places restrictions on hiring H-1B workers by companies receiving funds from the Troubled Asset Relief Program (TARP). The debate, some say, which way are we heading?
Our history teaches us that restrictions on immigration have almost always accompanied our economic downturn. It is difficult to make a good faith argument advocating that there is a sound nexus between restrictions placed on the H-1B program on one hand and helping troubled companies recover on the other. Many express concern as to whether it is wise to place limitations on troubled companies from hiring the most talented to fill critical posts as they struggle to recover. As we begin debating the Comprehensive Immigration Reform, the bigger question, however, is whether EAWA is the beginning of a trend or simply an isolated legislation.
Immigration laws and policies when drafted in reaction to economic downturn or fear of its worsening are rarely the byproduct of good common sense, and often yield harmful results. EAWA is indeed an uninspiring piece of legislation. But, alone it falls short of being labeled a "protectionist law" as some might suggest, especially when viewed through the prism of our immigration history.
As we begin debating the Comprehensive Immigration Reform we must look back at prior immigration laws or policies enacted during prior economic downturn. Consider for example the Mexican Repatriation of 1930 or the Chinese Exclusion Act of 1882. Both carried out during difficult economic conditions. During the Mexican Repatriation of 1930's, the US government, frustrated with the depressions' historical unemployment rate, deported two million Mexican- Americans to Mexico. Many of those deported were in fact US born Citizens.
Another example is the Chinese Exclusion Act of 1882 where during high unemployment and an economic downturn, it blocked Chinese immigration for over sixty years. Family members were not allowed to join in the US. Chinese residents were not permitted to Naturalize. Until today many of us struggle and ask how can our country make such great miscalculations or carry out such injustices?
If our immigration history is any guide, we need to acknowledge that we are facing today a pivotal time. Which path will the Comprehensive Immigration Reform debate take us during the 2009 downturn? Perhaps the lessons of our history will provide a clue. Or perhaps we recognize that our competitive edge in the world depends on our sense of fairness as a country and by welcoming the smartest and the brightest from all corners of the world even during our economic difficult time. Let's hope so.
