United States

Immigration Ban Issued Using Pretext of Pandemic

On April 22, President Trump issued an executive order entitled, "Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labour Market During the Economic Recovery Following the COVID-19 Outbreak." The order went into effect at 11:59 pm April 23. It is in force for 60 days, and may be renewed.

In the proclamation, the Trump administration claims that because of the economic disruption caused by the pandemic, "we must be mindful of the impact of foreign workers on the United States labour market, particularly in an environment of high domestic unemployment and depressed demand for labour."

The Trump administration goes on to posture as a defender of minorities and those with disabilities in justifying the immigration ban, saying "Excess labour supply affects all workers and potential workers, but it is particularly harmful to workers at the margin between employment and unemployment, who are typically 'last in' during an economic expansion and 'first out' during an economic contraction. In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and the disabled." The proclamation carries on according to this self-serving neo-liberal method of justifying reaction by citing high ideals.[1]

According to the measures in the bill, U.S. citizens seeking immigrant visas for a parent, adult child or sibling can no longer do so. It also requires a 30-day review of temporary visas. News agencies point out that the proclamation contains nearly identical provisions to an immigration bill rejected by the U.S. Senate in February 2018. Regarding the Trump administration's claims that the proclamation is to prevent immigrants from taking jobs away from U.S. citizens, Forbes magazine points out that "The U.S. unemployment rate in February 2018 was only 4.1 per cent when the administration attempted to stop immigrants from entering the United States in the same categories as were included in the April 22, 2020, presidential proclamation." Thus, the Trump administration has effectively used the pandemic to change immigration law without passing a bill through Congress.

On April 25, a coalition of civil rights and legal organizations filed a motion asking the U.S. District Court for the District of Oregon "to halt implementation of this ban to the extent that it prevents immigrant visa applicants abroad from accessing emergency and urgent consular processing services."

The coalition debunks the justifications given for the ban, saying, "The presidential proclamation claims that, with limited exceptions, the continued entry of immigrants presents a risk to the U.S. labour market in the wake of the COVID-19 outbreak. But the reality is that immigrants are the backbone of the U.S. economy, are already on the front lines of pandemic response, and will also be key to the economic recovery. Experts anticipate the family immigration ban would likely reduce population growth and make economic recovery more challenging after the COVID-19 economic downturn. Decades of economic research tell us that having more immigrants actually boosts consumer demand, creates jobs, and provides an increasingly precious source of national economic strength.

"By denying family reunification visas, this immigration ban will deny entry to thousands of grandparents coming to provide child care for essential workers who are packing and delivering our food, treating patients in our hospitals and researching treatments and vaccines for the virus. It could also change the visa classification for a teenager nearing their twenty-first birthday who will age out of their eligibility for a visa while the ban is in effect -- setting them back years, or even decades, in the immigration process."

On the occasion of May Day, it is important to recall that the U.S. working class has revived the tradition of May Day as an occasion to militantly affirm workers' rights and their essential role as the producers of society's wealth, and that this was done precisely with immigrants and undocumented workers leading the way as an integral part of the working class. The refusal of the U.S. working class to be split on a racist basis or incited to racism has been reaffirmed throughout the Trump presidency by the broad opposition to travel bans, the militarization of the border with Mexico, and the raids and inhuman detentions carried out by Immigration and Customs Enforcement.

The U.S. working class will surely not be fooled by this attempt to incite them on a racist basis, or attempts to divide workers on a racist basis. Nor will working people be diverted from defending their rights and the rights of all, or from holding the Trump administration and others to account for their crimes against working people during the pandemic.

Targeting Frontline Workers Fighting the Pandemic

The callous opportunism of the Trump administration on matters of immigration during the pandemic is further revealed in its attempt to repeal the immigration policy known as Deferred Action for Childhood Arrivals (DACA) that provides limited protections for those who came to the U.S. without documentation during childhood. Since coming to power, the Trump administration has sought to eliminate DACA, but this has been challenged by several states and is currently blocked by court order. Now, in the midst of the COVID-19 pandemic, the Supreme Court is expected to rule on the matter as early as May 4.

DACA was created in June 2012 as an executive branch memorandum. Those who successfully apply for DACA can defer deportation for a renewable two-year period, with eligibility for work permits during that time. It does not provide a path to citizenship. Currently about 700,000 people have been granted DACA status.

Workers who are DACA recipients are integral to the U.S. economy and the security and well-being of its people, especially during the pandemic.

An April 6 study by the think tank, the Center for American Progress, states that across the U.S., "202,500 DACA recipients are working to protect the health and safety of Americans as the country confronts COVID-19. They are ensuring that children are still being educated; food is still being grown, packaged, cooked, shipped, and put on the shelves of grocery stores; patients are being cared for; and much more. DACA recipients, for example, are doctors and medical students, putting their own health and safety on the line. They are also teachers, striving to provide a sense of well-being and continuity to America's youngest generation remotely. Such roles are crucial at a time when the United States is facing a critical shortage of workers in both professions."

The study informs that an estimated 29,000 DACA recipients are frontline health care workers, and that states with the most DACA recipients are also home to the largest number of DACA recipients working in health care occupations, noting that California has 8,600; Texas, 4,300; New York, 1,700; Illinois, 1,400; Florida, 1,100; Arizona, 1,000; and Washington, 1,000. Yet another 12,700 work in the health care industry doing housekeeping, food services, management and administration, in both hospitals and nursing homes.

In the education sector, the study says that "14,900 DACA recipients are among the hundreds of thousands of teachers who have pivoted from the physical to the digital classroom, including 4,300 in California, 2,800 in Texas, and 1,000 in Illinois."

As concerns food, the study informs that "From farms to grocery stores and distribution centres to restaurants, more than a quarter of employed DACA recipients -- 142,100 -- work in food-related occupations or industries across the country. Despite the fact that this sector includes so many different occupations, all food-related workers are undoubtedly impacted by COVID-19 in one way or another.

"On the production end, 12,800 DACA recipients work in the farming and agriculture industry -- with the vast majority as agricultural labourers -- and 11,600 DACA recipients work in the food manufacturing industry, processing these agricultural products into a food product that can be sold.

"To distribute food from production to its end users, 4,700 DACA recipients work in food-related wholesale trade, and 8,800 DACA recipients work in food warehousing, transportation, and delivery.

"Another group of essential food-related workers are those keeping grocery stores open and operable. That includes 14,900 DACA recipients, employed in roles such as cashiers (6,000); stockers and labourers (2,900); and supervisors (1,200).

"The majority of DACAmented workers in this industry are working in restaurants or food service establishments (82,200). This includes 23,700 servers; 20,800 cooks and prep workers; and 10,800 cashiers. While carryout restaurants and quick service food operations are deemed essential by [Department of Homeland Security], dining-in remains widely shuttered, and the restaurant industry has seen remarkable closures and layoffs.

"And these statistics likely don't capture another critical group: DACAmented warehouse workers, now playing a larger role in moving food directly to consumers across the country, along with gig economy delivery drivers."

DACA recipients also face uncertainty regarding renewal of their DACA status or work permits, as the U.S. Citizenship and Immigration Service (USCIS) has closed its field offices until June 3 due to the pandemic. DACA recipients and rights organizations are demanding that the government provide automatic renewal while the USCIS field offices remain closed.

DACA recipients and various organizations are urging the Supreme Court to delay any decision until after the COVID-19 pandemic has been overcome.

Note

1. To read the full proclamation, click here


This article was published in

Volume 50 Number 15 - May 2, 2020

Article Link:
United States: Immigration Ban Issued Using Pretext of Pandemic


    

Website:  www.cpcml.ca   Email:  editor@cpcml.ca