US Labor and the McCain-Kennedy Bill

The debate within the US labor movement over support for the McCain-Kennedy immigration reform bill is necessary and appropriate. People of good will are on both sides of the issue. In previous posts we argued that labor needed a comprehensive program of its own on immigration reform.  Migration is a global issue. That is why we think that labor's program should emerge from a broad transnational discussion among US unions and immigration activists, progressive Mexican unions and social movements, and activists from other countries impacted by US immigration policies. Over time, we will make our contribution to that debate. But in this post we focus narrowly on the McCain-Kennedy bill and the issues it raises.

The McCain-Kennedy bill is a good faith attempt to head off far more draconian legislation being promoted by the Right, such as that which passed the House last month. McCain-Kennedy offers itself as a “comprehensive” approach to the immigration crisis.

Here are the key provisions.

•    It establishes a guest worker program that would create a new temporary work visa—H-5A—for 400,000 unskilled workers each year. The number of visas would be adjusted as conditions change. To obtain a visa, workers would need to have a job waiting for them in the US, pass a security check, and pay $500 plus application fees. A job index would determine whether US workers were available to fill jobs before visas would be granted.

The visa would be good for 3 years with a one time renewal for a total of 6 years. After that, a worker would either have to be in line for a green card or leave the country. Workers could be sponsored for a green card by an employer or, after 4 years, a worker could apply on his/her own. The Bill calls for protections to be put in place to prevent abuses by labor contractors or employers.

Visas would be portable but workers who are out of work for more than 60 days would be ordered to return home.

•    It allows undocumented workers now in the US to register for an H-5A visa good for 6 years. Spouses and children will also be eligible for a visa. Workers will have to pay fines of $2,000 or more per adult for their current/past violation of immigration laws. They would then become eligible to apply for a green card.

•    The Bill mandates new security measures along the US border.

•    It creates a new work authorization system to replace the current I-9 system. The system would be universal--random audits of employers would be conducted to ensure compliance with labor laws.

•    The Bill requires that countries sign migration agreements with the US to regulate the flow of workers. The US government would be directed to work with Mexico to promote jobs in Mexico and encourage return of guest workers after their visas expire.

•    It speeds up the reunification of families by taking immediate family members of US citizens off the annual quota of family related green cards and increases the number of visas for employers wanting permanent workers.

A number of questions have been raised about the bill beginning with whether it is a good idea to give this President and this government a blank check for additional security mandates and the authority to establish new work authorization regulations.

But by far, the most controversial part of the bill is the creation of a guest worker program.

Supporters of McCain-Kennedy in the labor movement believe that the only realistic hope of enacting an amnesty program that would normalize the immigration status of millions of undocumented workers currently working in the US is to create a broad coalition. To be politically viable, that coalition must include businesses interested in dependable access to cheap labor—hence the alliance with the US Chamber of Commerce. This simple argument, based on political realism is compelling--given that there are as many as 8 million undocumented workers currently in the US desperately in need of legalization.

Opponents say it is a Faustian deal that would further undermine standards for all workers. At one time, most Americans worked in a so-called “primary labor market” in steady jobs provided by large employers. Immigrants were not in direct competition with native workers because they largely filled marginal, contingent jobs in the so-called “secondary labor market". But that’s changing. Over the past few decades corporations have developed staffing strategies that divide the workplace into a shrinking group of workers in permanent jobs with decent wages and benefits and an expectation of long term employment and a growing workforce of contingent workers in temporary jobs with inferior wages and benefits and little expectation of long term employment. The creation of a guest worker program would further institutionalize and intensify this trend without adding new safeguards.

If current experience with the staffing industry is any guide two channels will emerge to bring guest workers to the US. First, big temp agencies like Manpower, already well established in countries like Mexico, will “fill orders” for workers in the US. Second, a smaller group of marginal temp and employment agencies will seek to compete for niche business. In either case, guest workers will constantly face the threat of being fired and blacklisted by abusive employers thus sending them underground or back home. And given current US labor law, for both practical and legal reasons, guest workers will be unable to form unions to protect themselves from abuse.

Opppnents say that it is unrealistic to think that the Department of Labor would prevent worker abuse. The DOL lacks both the will and the way, since it does not even have the agents needed to enforce current laws let alone new ones.

So here we have the issue. Pick your poison or start working on alternatives

Comments

[Sanjay Basnet]

Respected Sir/Madam,

I am from Nepal and I have consultancy service for the people of Nepal . Some time I have got applicants group for USA and Canada . They want to go USA and Canada . As you knew that, Canada embassy is not available in Nepal therefore they must be go in India for their visa processing and then they have

been searching agents for their visa some people have got fake visa through of their agents.

Sir, I need your advice and suggestion in this work that, how to get genuine visa, how to do work in the legal way?

If our applicants will get their genuine visa through of your well reputed company then I am able to collect more applicants for this work and it will be great opportunity for the people of Nepal they will have able be chance own future.

If the people of Nepal will apply various kind of visa in the USA and they should able to get their visa through of your reputed company then it will be great opportunity for the people of Nepal .

If I will get advice and suggestions through of you it will be your kindness!

Kindly send me your reply as soon, as you can

Thank you

Kind regards

Sanjay Basnet.

[janinsanfran]

It seems to me that labor is setting itself up to lose on this one. Support for Kennedy-McCain should be a fall back position, not an opening move. Whatever comes out of Congress is going to be bargained DOWN from K-M -- less of a path to legalization, less worker protections, more "guest" contract labor -- labor should at least start from a position closer to what it might actually want, rather than sign on with the CofC for something it can barely settle on.

[abr]

Sure it forces wages down. But what about the concomitant increase in border crossings and Border Patrol funding? McCain-Kennedy creates guest visas for the workers who are going to come here anyway. Better to have them with visas than without. My sympathies lie especially with the undocumented workers who get exploited by their employer and threatened with their immigration status. Many of them are promised pay or promised overtime and receive nothing (this among other abuses). They can't very well go report violations of labor laws to the state authorities without risking detention. McCain-Kennedy would, as it claims, allow enforcement of labor laws.

And the alternative proposals are dreadful.

[Tom C]

Unless there is 100% full employment there should not be any unskilled guest worker visas. These are used to flood the labor pool, which creates job insecurity, which in turn forces wages and benefits down. If immigrants want to come here to live, then fine. There should be open and easy access for them but to just import workers and then send them back will destroy what little is left of the middle-class.