Georgetown immigration law journal最新文献

{"title":"Effects of Legal and Unauthorized Immigration on the U.S. Social Security System","authors":"Hugo Benı́tez-Silva, Selçuk Eren, Eva Carceles-Poveda","doi":"10.2139/ssrn.1960756","DOIUrl":"https://doi.org/10.2139/ssrn.1960756","url":null,"abstract":"Immigration is having an increasingly important eect on the social insurance sys- on the domestic economy. Moreover, a signicant percentage of immigrants migrate back to their countries of origin after a relatively short period of time, and their savings while in the US are predominantly in the form of remit- tances. Therefore, any analysis that tries to understand the impact of immigrant workers on the overall system has to take into account the decisions and events these individuals face throughout their lives, as well as the use of the government programs they are entitled to. We propose a life-cycle OLG model in a General Equilibrium framework of legal and undocumented immigrants' decisions regarding consumption, savings, labor supply and program participation to analyze their role in the","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87414797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Guestworker Diplomacy: J Visas Receive Minimal Oversight Despite Significant Implications for the U.S. Labor Market","authors":"Daniel Costa","doi":"10.2139/SSRN.1929572","DOIUrl":"https://doi.org/10.2139/SSRN.1929572","url":null,"abstract":"What originally began as a State Department program to facilitate exchanges of scientific and cultural knowledge has deviated far from its original intent. While some aspects of the J-1 exchange Visitor Program are unquestionably valuable - for example, allowing exceptionally talented non-U.S. citizens to study, research, and teach in the United States as Fulbright Scholars - most exchanges under the program are primarily employment-related. In fact, the J-1 Exchange Visitor Program is now the largest U.S. guestworker program in terms of annual admissions. Of the 350,000 exchange visitors and their spouses and dependents who entered the country in 2010, nearly 300,000 were employed in full- or part-time jobs during their stay. Exchange visitors from China, Russia, Brazil, and other countries all over the world are working in the United States as au pairs, ride operators at amusement parks, hotel maids, laborers on dairy farms, and other semi- or unskilled workers as well as in professional occupations such as teachers and physicians. This report is the product of an extensive six-month review of the J-1 Exchange Visitor Program. The analyses, described in the body of the report, led to a number of key findings, which are summarized below: The program displaces U.S. workers by providing significant direct and indirect financial incentives for individuals, companies and organizations that recruit exchange visitors as workers, “sponsor” exchange visitors, and hire them as lower-cost labor alternatives to U.S. workers or foreign guestworkers in other nonimmigrant visa classifications that provide greater protections for U.S. workers. Employers can legally discriminate against U.S. workers in favor of J-1 exchange visitors because they are not required to advertise their available jobs or seek available U.S. workers. This is true even in areas with persistently high unemployment, where many able and available U.S. workers may be willing to take even temporary jobs. Lax oversight and inadequate regulations allow employers to simply coordinate with sponsors to obtain foreign workers or sponsor those workers themselves, entirely bypassing the U.S. workforce. U.S. workers that are displaced by J-1 workers have no protections or enforcement tools under the State Department regulations. For example, employers are not required to pay exchange visitor workers a prevailing wage, the lack of which exerts downward pressure on the wages of U.S. workers. The State Department has outsourced the monitoring of compliance with program rules and oversight of program performance to the program sponsors and employers, who have a vested interest in optimizing their returns from the program. Sponsors and employers cannot be expected to report violations, which would jeopardize their financial gains. This amounts to an obvious conflict of interest. Because participants incur significant debt to participate in the Exchange Visitor Program and to travel to the United States, ","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76520220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Give Me Your Wired and Your Highly Skilled: Measuring the Impact of Immigration Policy on Employers and Shareholders","authors":"Carl Lin","doi":"10.2139/ssrn.1863076","DOIUrl":"https://doi.org/10.2139/ssrn.1863076","url":null,"abstract":"The paper links finance theory to labor economics and political economy in the context of migration and immigration policy. Most research treating the impact of immigration has focused on the consequences for employees as measured by wages, earnings, and employment. Less is known about the impact on employers. We lack answers to basic questions concerning the quantitative impact of immigrants on employer profit, and which employers are most likely to gain (suffer) increased (reduced) profits as a result of immigration. Using event study analysis, I measure the impact of immigration policy on the profit of employers and shareholders, particularly in those industries with high needs for skilled immigrants. The American Competitiveness and Workforce Improvement Act (ACWIA) of 1998 nearly doubled the available number of H-1B visas for skilled foreign workers in FY 1999. It was the first time that the U.S. government raised the annual cap of H-1B visa since 1990. I focus on this bill and analyze whether and by how much its passage increased shareholders’ profit. The empirical results show that employers and shareholders in the top H-1B visa user industries enjoyed significant and positive returns with the passage of the ACWIA of 1998. Shareholders in high-tech industries (the top users of H-1B visa, 80% of total) such as \"Computers and related equipment\", and \"Computer and data processing services\" gained, respectively, an average 21.54% (15.88 if weighted) and 22.77% (18.11 if weighted) in cumulative excess returns in the month after the Act was passed, while industries with little need for H-1B visas experienced no significant changes in cumulative excess returns. Robustness testing including international factor comparisons, semiparametric modeling and a sample-split Chow structural break test support the results.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80349712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reconsidering the Role of Conflict in the Lives of Refugees: The Case of Somalis in Europe","authors":"S. Zimmerman, R. Zetter","doi":"10.2139/ssrn.1850644","DOIUrl":"https://doi.org/10.2139/ssrn.1850644","url":null,"abstract":"Based upon qualitative research with Somali refugees in two European host countries – the UK and the Netherlands - this paper explores the micro-level experiences and ongoing effects of the Somali conflict on their lives in exile. Challenging predominant macro-level framings of refugees in these settings, it supports a micro-level analysis of their experiences and lives. It analyses their ongoing connections with the conflict in Somalia, and reveals how this can affect aspects of their integration and emotional health while in exile, alongside social problems such as poverty, drug use and divorce.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80022515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Counsel in Canada's Refugee Determination System: An Empirical Assessment","authors":"Sean Rehaag","doi":"10.60082/2817-5069.1073","DOIUrl":"https://doi.org/10.60082/2817-5069.1073","url":null,"abstract":"This article examines the role of counsel in Canada’s refugee determination process through an empirical analysis of the relation between counsel and outcomes in over 70,000 refugee claims decided by the Immigration and Refugee Board from 2005-2009. The article demonstrates that competent counsel is a key factor driving successful outcomes in refugee claims. The article also shows that provincial legal aid programs are increasingly restrictive in funding legal representation for refugee claimants who cannot afford counsel. Taken together, the article argues that the increasing restrictions on legal aid put the lives of refugees at risk. The article also demonstrates that refugee claimants represented by immigration consultants are less likely to succeed than refugee claimants represented by lawyers. As a result, and in light of evidence that the immigration consulting industry has not established adequate procedures to ensure that consultants adhere to standards of professional conduct, the paper contends that immigration consultants should not be authorized to provide unsupervised representation in Canada’s refugee determination system. In short, the paper argues that counsel play an important role in the refugee determination process. Accordingly, measures should be taken to ensure that refugee claimants can access competent counsel, while simultaneously ensuring that unqualified counsel do not play a role in life and death refugee decision-making.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89200325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Promoting Return and Circular Migration of the Highly Skilled","authors":"M. Hercog, M. Siegel","doi":"10.2139/SSRN.1949705","DOIUrl":"https://doi.org/10.2139/SSRN.1949705","url":null,"abstract":"Migration of skilled workers from developing countries has increased substantially in recent years. Traditionally, such patterns raised fears on the ground of the associated 'brain drain' as human capital formation is considered to be of central importance to the development and reduction of poverty levels. Therefore, any loss of skilled workers through migration was considered harmful to the achievement of development goals. In contrast, the new body of literature emphasizes the positive incentive and feedback effects which skilled migration has on sending countries' development as well as on other stakeholders. While most papers on the impacts of migration on development focus on remittances and low-skilled migration, we emphasize the effects of skilled return migrants which bring about the transfer of knowledge and skills. This paper examines five levels of policy concerning the mobility of skilled workers. Because of their differing positions, we examine the position of sending and receiving countries with regard to skilled migration separately. We look at receiving country policies, sending country policies, bilateral approaches, regional approaches and global approaches. This paper first explores what options are theoretically discussed at the five levels of analysis. Secondly, we observe what kinds of policies are actually used in practice and which policies show some evidence of success. We also systematically discuss the advantages and disadvantages (or limitations) of each policy option.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86766934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Minimum Wage and Latino Workers","authors":"Pia M. Orrenius, M. Zavodny","doi":"10.1007/978-1-4419-6682-7_9","DOIUrl":"https://doi.org/10.1007/978-1-4419-6682-7_9","url":null,"abstract":"","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88438039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Immigration Policy and Self-Selecting Migrants","authors":"Milo Bianchi","doi":"10.2139/ssrn.1785006","DOIUrl":"https://doi.org/10.2139/ssrn.1785006","url":null,"abstract":"We build a simple model of self-selection into migration and immigration policy determination. We first show that the effect of anyimmigration policy can be decomposed into a size and a compositioneffect. We then explore how the optimal policy may change once thelatter effect is considered.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"os-51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87251102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Attracting the Best and the Brightest: A Critique of the Current U.S. Immigration System","authors":"Chris Gafner, Stephen Yale-Loehr","doi":"10.31228/osf.io/753d6","DOIUrl":"https://doi.org/10.31228/osf.io/753d6","url":null,"abstract":"The United States has long benefited as a leader in attracting the \"best and brightest\" immigrants. However, the world has changed since the U.S. immigration system’s last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States’ ability to attract talented immigrants. This Article first examines how other national immigration systems entice the best and brightest immigrants. It then examines the current U.S. immigration system and its evolution since the Immigration Act of 1990. Finally, the Article suggests how the United States can improve its immigration system to continue to attract talented immigrants.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82858984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Two Thought Experiments on Immigration Reform","authors":"Drury D. Stevenson","doi":"10.2139/ssrn.1715782","DOIUrl":"https://doi.org/10.2139/ssrn.1715782","url":null,"abstract":"Immigration today presents two distinct but related problems. The first, and most neglected, relates to the money supply and currency values: due to the global availability of Western Union and Moneygram, remittances to home countries have exploded in the last decade, with estimates running into the hundreds of billions per year. While this massive transfer of currency initially helps alleviate poverty in developing countries, remittances have reached a level that can cause stifling inflation and “Dutch disease” (stagnation of exports) in the recipient countries, and deflation or currency instability in the United States. Yet money transfer services remain almost completely unregulated and under-taxed, leaving economies on both sides vulnerable. The second problem with immigration is a tragedy of the commons or collective action problem. Abrupt, large-scale immigration can result in surpluses of workers, social disruption, and other externalities that make migrant workers collectively worse off overall. Nevertheless, each individual stands to gain more personally by migrating than by coordinating or staggering the migration, because the harm of over-immigration is diffuse, spread across the whole population. Left unchecked, the problems simply escalate. This essay, the introduction to a longer work in progress, assumes that there is some optimal level of immigration and remittances, and that we should adopt policies that allow our government to achieve optimal levels rather than taking an all-or-nothing approach to the issue. An adjustable tax on overseas money transfers, one that the Executive Branch could calibrate year to year, would allow the government to monitor and limit the amount of currency leaving our economy, while nudging immigration rates to an optimal level. Evidence shows illegal immigration to be price sensitive, fluctuating with the value the money sent home. Compared to misguided and ineffective tactics of border fences, workplace raids, and deportations, country-specific transfer taxes provide a more rational, measured, and humane way to influence the influx rate of undocumented workers and to moderate the rate of dollar outflows from our financial system.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82195716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}