1. H-2B program debater continuous
2. CA raids nab 1,157 illegals
3. TX city to end defense of policy
4. Formula predicts trends

1.
Visa reforms mired in debate
By Sarah Shemkus
The Cape Cod Times (MA), September 30, 2008

Culloden, Jamaica -- As Donovan Fraser led visitors down a roughly paved road toward his house this summer, he flipped through the pages of his passport.

A visa was adhered to almost every page, each one representing a year that Fraser had traveled to the United States, worked for several months and returned to his home in Jamaica.

"I go and come back nine times," he said.

He seemed amazed at the idea that he might want to settle permanently in United States.

He has a family in Jamaica, and friends. He has a house he has spent years building.

The only thing he doesn't have in Jamaica is a job; for that he has depended on going to Cape Cod as a seasonal worker on an H-2B visa, one of several work authorizations that let foreign residents hold temporary jobs in the United States.

The practice of hiring temporary guest workers like Fraser is a central element of most recent attempts at immigration reform.

But as lawmakers look to existing programs as models for future reform, the H-2B visa system shows that while the temporary, legal employment of foreign workers can be a boon to American businesses, questions persist about the economics and ethics of the current approach.

The H-2B program began in 1986 as a way to authorize businesses to use foreign workers when no American employees could be found.

The program's regulations include provisions intended to ensure that workers from abroad don't take jobs from Americans or drive down wages. Employers applying to use workers on H-2B visas must provide proof that they have searched unsuccessfully for U.S. workers and they must pay the prevailing wage for a particular job, as defined by the federal Department of Labor.

Visa holders can stay in the country for up to nine months, and may work for only the company, or companies, that originally applied for the visa.

When that position ends, they may apply for a visa extension to work a new job. In total, H-2B workers may stay in the country for three consecutive years.

The number of H-2B visas that can be issued each year is limited to 66,000.

This cap was reached for the first time in 2004, and Cape employers, dependent on their annual work force of 5,000 to 6,000 H-2B workers, found themselves scrambling to staff their businesses.

In May 2005, Congress provided relief by passing legislation that allowed workers who had previously come to the country on H-2B visas to return under an authorization known as H-2R. The law was renewed in October 2006, but expired a year later.

Since then, several attempts have been made to extend the returning worker exemption, but none has succeeded.

The main obstacle has been the opposition of members of the Congressional Hispanic Caucus, who would prefer to see a comprehensive immigration reform package rather than piecemeal changes to individual programs.

Because the workers know they will be able to return to desirable jobs each year, they are generally considered less likely to overstay their visas.

Though no federal data are available, those with close knowledge of the program on the Cape and in Jamaica said that H-2B visa overstays are very rare.

"I'd be surprised if it's more than 2 percent," said Matthew Lee, a Centerville lawyer who specializes in immigration.

This cycle of working abroad and returning home, known as circular migration, is considered by some immigration policy experts to be highly desirable.

Employees' home countries receive remittances that help improve their economies, and, when the workers return, they may bring with them new skills and knowledge that could benefit their communities, said Dovelyn Agunias, associate policy analyst for the Migration Policy Institute, a Washington, D.C., think tank that believes immigration can be socially and economically advantageous.

The countries that receive these workers get a valuable source of labor to fill jobs that domestic workers are reluctant to take, she said.

The H-2B visas are particularly vital for employers in areas that are heavily dependent on seasonal tourism, supporters of the program said. These regions, such as the Cape, rarely have enough domestic workers to staff the large numbers of jobs that open up during the peak season.

"Our problem is that we have seasonal jobs available and not full-time jobs," said William Zammer, who owns three restaurants on Cape Cod and has, in seasons past, employed more than 100 H-2B workers. "People want full-time jobs."
. . .
"There is no such thing as a labor shortage," said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington, D.C.-based group that advocates a strict immigration policy. "When companies find it hard to find American workers, that's a free-market signal that they need to change what they're doing."

Whether the H-2B visa is modified, eliminated or replaced entirely with a new guest worker system, the much-desired changes are unlikely to occur quickly.

Legislators and employers doubt that any action will be taken on the H-2B program before the new president takes office early next year.
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http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20080930/NEWS/80...

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2.
Statewide immigration raids result in 1,157 arrests
Federal agents target those who ignored deportation orders or returned to the U.S. illegally. More than 400 are arrested in the Los Angeles area.
By Francisco Vara-Orta
Los Angeles Times, September 30, 2008

Federal immigration agents arrested more than 1,150 people in the largest collective sweep by specialized enforcement teams in California, authorities said today.

The sweep targeted those who ignored deportation orders or returned to the United States illegally after being deported, said U.S. Immigration and Customs Enforcement spokeswoman Virginia Kice.

The raids, which ended Saturday, produced 436 arrests in the San Francisco area, 420 in the Los Angeles area and 301 in the San Diego area.

Of the 1,157 illegal immigrants arrested statewide, 595 had outstanding deportation orders and 346 had prior criminal convictions, Kice said. Those arrested come from 34 countries.
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http://www.latimes.com/news/printedition/california/la-me-raids30-2008se...

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3.
Farmers Branch to stop defending one ordinance to ban illegal immigrant rentals
By Frank Trejo and Stephanie Sandoval
The Dallas Morning News, September 30, 2008

Farmers Branch has decided to stop fighting for one of its ordinances to ban housing rentals to illegal immigrants and will instead concentrate on defending a replacement.

City officials had vowed to support the earlier measure, which a federal judge recently declared unconstitutional, to the U.S. Supreme Court if necessary.

But city officials said the newer measure, Ordinance 2952, is more likely to withstand legal challenges and would still carry out the will of the voters who approved the earlier one, Ordinance 2903.

"Basically," City Manager Gary Greer said Monday, "I looked at as much information as I possibly could – at the way the ordinance has been seen by the court, the fact that it was voted on by the people and passed, the things I've heard from our policymakers.

"And I looked at where we were financially in regards to all these court battles."

The earlier ordinance would have required landlords to confirm that prospective tenants were in the country legally before renting to them. The newer measure would shift that task to city officials using a federal database. And it would apply to rental houses, as well as apartments.

The decision not to further defend Ordinance 2903 brought "I told you so" comments from some opponents, who had long argued that the ordinance would be struck down despite the expenditure of large sums in legal fees.

"I've been saying since the very first day that it was unconstitutional, that it would be expensive, divisive and would never go into effect," resident Christopher McGuire said. "I haven't changed my tune for more than two years."

Mayor Tim O'Hare, who as a council member instigated the city's efforts to expel illegal immigrants, said he hasn't changed his tune, either.

"We still think it's a constitutional ordinance," said Mr. O'Hare, who had said both before and after the measure's overwhelming approval in a May 2007 election that officials would defend it to the high court if necessary. "But economic times have changed with the economy the way it is. We still feel like we're carrying out the will of the people of our city, pursuing 2952."

The decision not to appeal came as the city learned that attorneys for the plaintiffs in the 2903 case are seeking more than $900,000 in legal fees and court costs from the city.
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http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-fb...

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4.
New formula helps predict immigration patterns
By Will Dunham
Reuters, September 29, 2008

Washington, DC (Reuters) -- Scientists have devised a formula to allow countries to predict immigration trends, according to a study published on Monday.

The new mathematical model is based on a detailed study of the flow of people into 11 countries including the United States, Britain and Australia from 1960 to 2004, a team led by Joel Cohen of the Rockefeller University in New York said.

The formula looks at factors such as population size and density of the countries people are leaving as well as those they are entering, and the distance between those places.

The mathematical model can be used to predict immigration trends in individual countries and regions, the researchers said, although they did not make such calculations.

"I think that the model we have will permit international institutions and countries to do a much better job of projecting future migrant flows as part of overall population projections," Cohen said in a telephone interview.

With low fertility rates in Europe, the United States and elsewhere, immigration has become an increasingly important factor in population changes worldwide, he said.
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http://www.reuters.com/article/idUSTRE48S8F820080929