NAFTA, 911

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NAFTA, 9/11 the U.S. Mortgage MeltdownA
Deadly Combination for Human Rights
Ann Graham, J.D., M.B.A
Texas Tech University School of Law
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Laws Reflect Values
. . . and Choices
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Critical Decision Points

• 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

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• 1. The Past and the Present
• 2. National Security and Labor Demand
• 3. A Realistic Guest Worker Program
• 4. Comprehensive Immigration Policy
• Human Rights Concerns
• Rules of Engagement U.S., Mexico, International
• The Promise of NAFTA
• 8. Moving Beyond Politics and Rhetoric

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Border Facts
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Border Facts

• 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

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Border History

• 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

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Bracero Program 1942-63

• 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

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Border History - 1965

• 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

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Border History - 1976

• 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.

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Border History - 1976

• 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.

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Border History - 1977

• 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

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Bipartisan Select Commission on Immigration
Refugee Policy (SCIRP)

• 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

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Border History

• 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

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The Promise of NAFTA

• 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.

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Pure Economics

• 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

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Logic is not the whole answer

• Culture
• Redistribution of Income Increased labor supply
  will drive down wages
• Social services and Tax issues
• Protectionism/ Xenophobia
• Political posturing and Gridlock

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Post 9/11 Perspectives

• Dept. of Homeland Security
• Fear and Isolationism
• Pressure on Undocumented workers illegal
  entrants
• Concern for protecting U.S. Borders

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Current Immigration Policy

• 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

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National Security Labor Demand

• 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

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Human Rights

• 1,954 people died crossing the U.S.-Mexico border
  between 1998-2004.
• 2004 460 deaths
• 2005 gt500 deaths
• Border crossing deaths doubled
• since 1995.
• Total Berlin Wall Deaths 229
• Causes Exposure, Drowning, Accidents,
  Border Patrol Killings, Vigilante Killings,
  Coyote Killings

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Current Immigration Policy

• 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

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Immigration Policy

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

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A Realistic Guest Worker Program

• Legalization/Amnesty?
• Sanctions?
• Employers? Illegal Entrants? Undocumented
  Residents?
• Worker Visas
• Length?
• Tied to Employer? Employment? Family?
• Labor Rights?
• Social Programs?
• Bilateral Talks - Critical

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Whose Problem?

• U.S.
• Mexico
• International

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Beyond Politics Divisive Rhetoric

• 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 historys lessons no longer
• help frame current issues

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Beyond Politics Divisive Rhetoric

• 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.

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• The Rule of Law
• Principles of Humanity and Rationality
• Checks Balances
• Congress
• President
• Courts
• People
• Press

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Where do we stand?

• 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

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My Recommendations

• 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