If there is any truth to the allegations, DHS should apologize to all Americans and offer a fair settlement. Pretty shocking.

PBS' Frontline aired a shocking documentary last week entitled Lost in Detention which outlines a Secure Communities program that is sweeping up many more people than just criminals and then shows how these "collateral damage" victims end up in a detention system where rape, abuse, and suicide are commonplace. I just watched the show tonight online and highly recommend it to everyone who cares about this subject. Follow the link and you can watch the show at the PBS web site.

Stuart Anderson writes at Forbes about the rise in the number of foreign-born Major League Baseball players and why the public is comfortable with this phenomenon. And he compares it to other fields that require talented workers:

The number of foreign-born players in the major leagues has more than doubled since 1990. In the general economy, the number of jobs rises and falls based on factors that include consumer spending, population growth, capital investment, labor laws, and startup businesses. New entrants to the labor market can create and fill new jobs, rather than replace a current jobholder. In contrast, a fixed number of jobs exists on active major league rosters, with only 25 baseball players permitted per team or 750 players total in the major leagues.

Still, it is noteworthy one never hears complaints about “immigrants taking away jobs” from Americans in the major leagues. Baseball players consider the competition for roster spots to be fair, a meritocracy. And, as Tom Hanks once said, “There’s no crying in baseball.”

Increased competition from foreign-born players has not resulted in lower salaries for native ballplayers. Since 1990 average major league player salaries more than quadrupled (in nominal dollars) from $578,930 to $2.87 million in 2006, while the proportion of foreign-born players in the league increased from 10 percent to 23 percent, according to a 2006 analysis by the National Foundation for American Policy. A sustained or increased quality of play, to which foreign-born players have contributed, may have helped increase revenues, as major league ballpark attendance rose from 55 million to 75 million between 1990 and 2005.

The bottom line:

The next time someone complains about immigrants “taking jobs” from Americans, tell them to try playing major league baseball, where, unlike the rest of the economy, the number of jobs are fixed and limited, yet no one ever complains about immigrants.

Some of you have been noting in the comments the recent announcement of a bill sponsored by Senator Chuck Schumer (D-NY) and Mike Lee (R-UT) to provide three year visas to foreign nationals who buy homes worth at least $500,000. The plan would be to help stimulate the housing market in the US which many believe is causing the entire US economy to remain in the doldrums.

The plan is called The Visa Improvements to Stimulate International Tourism to the United States of America Act (VISIT-USA Act). According to Senator Schumer's office:

The Visa Improvements to Stimulate International Tourism to the United States of America Act (VISIT-USA Act) would remove bureaucratic red tape that stifles travel and investment in the U.S. For instance, the bill would reduce barriers for Canadian and Chinese visitors whose consumer spending provides a lift to the U.S. economy. The bill would also expedite priority visa applicants, introduce videoconferencing as a means to screening foreign nationals, and make major changes to visa procedures for U.S. allies in the fight against al Qaeda.

To confront the housing crisis, the legislation would provide, for the first time, a three-year residential visa for foreign nationals who invest at least $500,000 in residential real estate in the United States. At least $250,000 must be spent on a primary residence where the visa holder will reside for at least 180 days out of the year while paying taxes to the U.S.  Applicants would still be subject to standard criminal and national security background checks and, once approved, would not be able to receive government benefits such as Medicare, Medicaid, and Social Security.  The program would not serve as a path to citizenship for foreign nationals. Real estate analysts have said this proposal could lift demand for U.S. homes and help ease the housing crisis. Famed investor Warren Buffett has also supported the concept of enticing foreign homebuyers previously.

The bill is actually not that different than a bill I drafted a few years ago that created a retiree visa. Applicants would get a four year visa if they bought a home putting down at least $250,000 cash, demonstrating adequate health care coverage (either through insurance, personal assets or coverage by the home country), and demonstration of enough resources not to have to work in the US. A "snow bird" visa would be great for states like Florida and Arizona that get lots of Canadian and European tourists would like to spend more time in the US if they could get some certainty that they won't buy a home and then not be able to actually live here.

Schumer's bill has some other good ideas including introduction of an expedite fee to the visa application process, allowing Chinese nationals to get ten year multiple entry tourist visas (like most other countries) instead of the one year approvals they get now and allowing Canadian retirees to spend up to 240 days per year in the US instead of 180

President Obama is going to get a very high percentage of the Hispanic vote. It might even be higher than 2008. That's because Republicans have done everything possible to scare off Hispanic voters as candidates have played to the xenophobic wing of the GOP. Rick Perry is probably the only candidate with credibility on immigration - which Hispanics voters consistently rate as one of the most important issues they consider (despite wishful thinking on the part of many in the GOP who think you can demonize brown people and they'll still vote for you just because the economy is weak).

But for President Obama, the more important issue is whether Hispanics will turn out to vote. Because he's also damaged his credibility greatly by pursuing one of the toughest immigration enforcement regimes in history. The point of the crackdown has been to soften opposition to a comprehensive immigration reform plan. But that assumed that opposition to a legalization program was based on a perceived lack of control over our borders.

Unfortunately, for many the enforcement argument has been a fig leaf hiding the real reason for opposing a legalization program - outright racism. It is no coincidence that most of the states passing tough anti-immigration laws are the same ones who had the harshest segregation rules in the country. These are the same states that are also pushing for "voter integrity" laws that seek to impose identification requirements that are tough for poor - usually black - citizens to meet.

Just as the voter ID backers will deny that their real motive is to suppress black voter turnout in elections, opponents of immigration reform will usually swear they love immigrants, but just want to make sure our laws are respected. Many have promised to consider legalization plans as soon as we can demonstrate that we've got a handle on securing the border. As Secretary Janet Napolitano noted recently:

"There is a mantra in Washington, D.C., that we cannot even talk about immigration reform until we 'secure' the borders," she said, referring to remarks last week by Arizona Republican Sen. Jon Kyl, who said the administration was "holding hostage" more enforcement policies until they are combined with comprehensive immigration reform.

"It doesn't matter in some people's minds that we've had all these record seizures, or that we're putting even more manpower, technology and infrastructure at our borders. They keep moving the goal posts, and the word 'secure' effectively becomes 'seal' the borders."

The former Arizona governor said that anyone who knows the borders knows that sealing them entirely is "not a reasonably attainable goal."

The President seems to get it now that an enforcement first approach was the wrong way to go. His recent push for the DREAM Act and his introduction of a discretionary relief program for some in deportation proceedings are evidence of that. But a lot of Hispanics are disillusioned by the President and pro-immigration advocates still believe the President is failing to use many of the executive tools at his disposal to help out of status immigrants while continuing to pursue a relentless enforcement campaign.

Hispanic voters are credited with helping put the President over the top in 2008 in states like New Mexico, Nevada and Florida. And in 2010, they probably saved the seat of Senator Harry Reid as well as others. But if Hispanic voters stay home in large numbers, it could be just as much of a blow to the President's reelection chances as a shift in Hispanic voter loyalty to the Republicans.

About The Author

Jason Dzubow's practice focuses on immigration law, asylum, and appellate litigation. Mr. Dzubow is admitted to practice law in the federal and state courts of Washington, DC and Maryland, the United States Courts of Appeals for the Third, Fourth, Eleventh, and DC Circuits, all Immigration Courts in the United States, and the Board of Immigration Appeals. He is a member of the American Immigration Lawyers Association (AILA) and the Capital Area Immigrant Rights (CAIR) Coalition. In June 2009, CAIR Coalition honored Mr. Dzubow for his Outstanding Commitment to Defending the Rights and Dignity of Detained Immigrants.

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