Tech Workers Group Takes a Wrong Turn

Many in the world see us Americans as being obsessed about race. Today, for instance, a journalist and book author whom I admire (and have praised here) tweeted that the only reason people, indeed “progressive” ones!, voted for Trump was that they are racist. In certain circles, the “R word” seems to be the default explanation for any problem.

This is not to say that everyone in the US has 100% healthy racial attitudes. Far from it. Today’s testimony in the Harvard admissions lawsuit includes some disturbing stories about the way white students view and treat underrepresented minorities. And need I mention the acts of violence against, blacks, browns and now Jews?

Over the years of my writing on the H-1B work visa, I have explained, with some irritation, to numerous reporters who contact me that H-1B is NOT about race. If one loses a job, directly or indirectly to a foreign worker because the statutes are so lax, one does not care what the race of the foreigner is; losing a job is losing a job. Reporters, coming from their “race is the answer” echo chambers, have a hard time getting this. I’ve been interacting with anti-H-1B activists for nearly 25 years, and I’ve never encountered any with bad attitudes toward people of color; indeed many are POC themselves.

And yet…I was contacted last week by a member of an organization called Protect US Workers (PUW). The member, whom I’ll call Lucinda, asked if I might join in their teleconference. I knew little more about the organization than it was headed by attorney Sara Blackwell. I told Lucinda that I have a profound disagreement with Ms. Blackwell, who I am sure is well-meaning but who is actually harming the cause of H-1B reform by her emphasis on the “Infosyses”; this will result in a LARGER H-1B program, as I’ve explained before.

But Lucinda, in urgent proselytizing mode, repeatedly pressed me to look into PUW’s lobbying against HR 392, a bill being promoted by Immigration Voice, an organization of H-1Bs who are stuck in an interminable wait for green card approval. The cause of their troubles is that current green card law allocates the same yearly number of green cards for each country of origin. Since the tech green card applicants are mainly Indian and Chinese, their wait times are years or even decades. HR 392 would remove the per-country limits while preserving the current overall cap.

I am well aware of the bill (on which I have been neutral), but I wondered why Lucinda was so agitated. If enacted, the bill would not increase the number of jobs available to US citizens and permanent residents. After a few more DM iterations on Twitter, it came out: Lucinda resents the Indians. She’d been mistreated by them, and extrapolates that to all Indians. HR 392 would reduce green cards for “our allies,” in Europe and Israel. She is not bothered by the Chinese H-1Bs, just the Indians. Revenge.

Mind you, I can understand Lucinda’s frustration. I constantly hear from American techies who tell me (and often show me) that Indian recruiters are contacting them for jobs that they (the Americans) will never be actually considered for. And Lucinda’s racial problem appears to be rather mild. But it IS a problem, and apparently is one that is common in PUW, judging from the public tweets.

PUW, “Keep your eyes on the prize.” Don’t get sidetracked.

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Book review: All You Can Ever Know, by N. Chung

For a number of reasons, I looked forward to Nicole Chung’s new memoir, All You Can Ever Know, about growing up as a transracial adoptee in an all-white US town. The book did not disappoint, a beautifully written and highly moving account. (Chung does not name the town, just stating it is in southern Oregon, and she has taken on her birth surname, all apparently to keep privacy for her and her family.)

Chung was born to Korean immigrants in Seattle, then adopted by a white couple at two and a half months. Born severely premature, she still weighed less than six pounds at the time. She writes of being raised by loving parents who did not fully realize the taunts, cruel jokes and above all, isolation, that an Asian kid might suffer in an all-white setting. She had no real school friends until high school. Meanwhile, though likewise being devoted to her parents, she developed an intense desire to connect with her birth family, a yearning that she kept largely to herself. Much later, when she is pregnant with her first child, she starts that process of connection, ultimately with mixed results.

Chung’s account, though apparently fully open, brings to mind questions not raised in the book. I have the impression that Chung’s angst was due much more to her semi-pariah status in school than to her being adopted. Suppose her parents had lived in a more cosmopolitan locale, such as Seattle with its large Asian population, so that Chung would have little or no problem “fitting in” at school. I surmise that her interest in connecting with her birth family might then have been only mild. She writes about being shocked whenever other adoptees have expressed to her such moderate views regarding their birth parents.

I can empathize. Growing up as a Jewish kid in East LA and the San Gabriel Valley, there were various anti-Semitic remarks. Kids can be mean. I must say that my wife and I, visiting Eugene, Oregon this past August, were startled by the stark “whiteness” of the city. Presumably Chung’s hometown was smaller than Eugene, and even whiter and less tolerant, back in the 1980s when she was growing up. Maybe her town is less white today, at least due to a Latino presence.

As we all must, Chung eventually learns the validity of the old adage, “The grass is [misleadingly] greener on the other side of the fence.” Though she develops a precious, close relationship with a birth sister, her search for roots also leads to profound disappointment.

In addition to her unhappiness at school, the fact that Chung spent the first months of life in the Neonatal Intensive Care Unit, devoid of parental touch and nurture, must also have taken a heavy toll. Yet in spite of all the angst, she comes across as a very “together” person, very self-confident and upbeat, in fact more so than her birth sister.

Oddly, as a non-adoptee, I have very little interest in my own roots. I met only one of my four grandparents, and know very little about them. Further back than them, I know absolutely nothing. When I mentioned this recently to a friend, he asked in an emphatic tone, “Why?!” I’d never been asked that before, and had no real answer.

Bottom line: Chung’s book is a powerful read, a courageous laying bare of her psyche. Adoptees and adoptive parents should find it especially moving, but it is a compelling work for any reader interested in race, parenting and so on.

 

 

No One Asked Me, But…

But what about the Kavanaugh case?

Warning: If you are a Republican, you won’t like my conclusion, and you won’t like my reasons. If you are a Democrat, you’ll like my conclusion, but you won’t like my reasons either.

About 10 days ago, I wrote on Twitter that I believe that both Ford and Kavanaugh are telling the truth as they remember it. And more importantly I said, whether fair or unfair to Kavanaugh, Trump ought to withdraw his nomination of BK for SCOTUS. This remains my position today. Below, I will explain my primary reason for this stance, and also bring up some miscellaneous points about the case that will be new to many of you.

I agree with those who feel that the Kavanaugh situation we are currently facing is more like a job interview than a trial, but my view is slightly different. When an employer is filling an open position, she is NOT out to be “fair.” Aside from legal discrimination issues, the employer is not (and should not be) under any obligation to make sure she is hiring the “best” applicant; she merely wants to hire someone who is well-qualified for the job. My point, then, is that in the process, the employer may pass over some applicants who actually are extremely well qualified but whose good qualities are not fully in evidence. The employer has neither the time nor the obligation to dig up such evidence — nor to dig further to find exculpatory evidence if something negative appears on the surface.

In filling a seat on the Court, we, the “employer,” want to be sure the person chosen is well-qualified, which includes qualification in terms of character. If we are not fully satisfied regarding character, we must err on the side of caution, in this case meaning not selecting BK. We have neither the time nor the ability to dig well enough to truly know what happened in 1982. This may well not be fair to him, but as the employer we have no obligation to be fair. I believe Trump should withdraw the nomination, with apologies to Kavanaugh for possible unfairness.

As noted, I still believe this, 10 days after my tweet. I must say, though, that Ford’s testimony raised some concerns in my mind as to whether her claims are fully accurate.

First, there is Prosecutor Mitchell’s probing of Ford during the hearing regarding Ford’s claimed fear of flying. Ford said the events of 36 years ago made her claustrophobic, causing her to be terrified of flying. Yet Mitchell pointed out that Ford enjoys trips to Hawaii and the South Pacific, flights that take 5 to 15 hours or more.

Second, Mitchell asked whether, in Ford’s July 2018 interview with the Washington Post, Ford had shown the reporter her medical records involving her emotional problems. Ford said she could not recall. This is something that Ford should have remembered, and if not, I really have trouble trusting Ford’s memory of the events of 36 years ago, even accounting for the fact that traumatic events tend to stick in one’s memory.

Ford lives in Palo Alto, a staunchly liberal community. It’s basically a hotbed of anti-Trump feelings. One local resident told me that there is no way he can divulge to his friends and neighbors that he voted for Trump. I can easily envision a situation in which Ford’s friends and neighbors — she said she was influenced by her “beach friends” — egged her on, urging her, “You must speak out! This is your chance to bring down Trump and the right wing currently in power! It’s your responsibility as part of the Resistance!” I don’t mean to say Ford is lying, but I think it is quite possible that these exhortations “clarified” her memories of 1982.

Speaking of memory, I have to likewise point out that if Kavanaugh really is the animal that Ford claims — and yes, there are lots of guys like that out there — Kavanaugh would have thought nothing of the incident at the time, and thus would not remember it today.

By the way, I do not fault Kavanaugh for his emotional testimony last week. How would you be reacting if you felt your entire reputation, to stay with you for a lifetime, was being grossly unfairly attacked? Former California Assembly Speaker Willie Brown, a Democrat’s Democrat, said of Kavanaugh’s outburst, “Look, he was just being human. We can’t expect someone to stop being human just because he is a judge.”

Like many people, I am worried about the alarming increase in sensitivity and polarization on many issues. This morning I heard a radio report about an “all-male ballot,” and it took me a few seconds to realize they had said “all-mail.” 🙂 We all need to calm down.

Immigrant Use of Welfare — the Back Story

In searching for an example in a recent Twitter discussion on the Trump administration’s new proposed welfare policy for green card applicants, I stumbled upon this 2013 Canadian Broadcasting Corp. article, titled “Don’t Bring Parents Here for Welfare, Kenney Says: Immigration minister cites ‘abuse of Canada’s generosity’ as changes to family reunification program announced.”

Strong stuff. Hard to imagine what would happen if USCIS Directory Francis Cissna were to use language like that. The immediate reaction would prominently feature the word racist, and maybe even impeach. But to see this from a government minister in the putatively immigrant-welcoming nation of Canada is nothing short of mind-boggling to us immigration researchers.

Until, that is, one reads the details, particularly this passage:

Kenney said the number of older immigrants allowed into Canada must be limited because of the burden they place on the health-care system and other social resources. A set of grandparents could cost the system $400,000, he noted.

$400,000 per elderly immigrant couple! As one person noted in that Twitter exchange, just think how many of the native poor could be helped with that money?

The biggest criticism of the new Trump proposal is that it “suddenly” includes non-cash forms of assistance as welfare in determining who is a “public charge.” But as Mark Krikorian’s article explains, this really is not a radical change from US policy for more than a century.

But more than that, note that the above $400,000 figure is for “the health-care system and other social resources,” the latter including what is called “social housing,” i.e. government-subsidized housing. That is a staggering amount of money, and the fact that it may mostly go to non-cash assistance is irrelevant.

It’s not just the expense, but the effect on scarce resources. In the Bay Area, there are multi-year waits for senior housing, for instance, and since many of the tenants are immigrants, this is causing major hardship for many natives.

My aim here is not to defend the Trump proposal, which I have not yet read, and which focuses on a rather narrow class of foreign nationals, but to explain why this is such an important issue. It is especially important in the case of elderly immigrants, who clearly cannot be self-supporting in most instances.  The seniors are typically sponsored by their adult sons and daughters, who sign affidavits promising to keep the parents off welfare, but the law is riddled with loopholes, both in the US and apparently Canada.

It was thus the elderly use of welfare that sparked the calls for reform in the US, which began in 1993. Note carefully that the Democrats were in control of both the White House and Congress at the time. An administration study found that cash welfare use by immigrant seniors had skyrocketed in the last few years, and the Dems were outraged. They tightened up sponsorship requirements somewhat, and then a more draconian bill was enacted in 1996 (Republican bill signed by Bill Clinton, though the Democratic alternative was only slightly milder).

I viewed all of this rather close to the action. I had done my own study, both statistical and with field interviews, and testified to the House in 1994 and the Senate in 1996. In the latter year, I was also approached by the Clinton White House and consulted with them for a while, in a back-and-forth involving the Urban Institute.

One of the major points in my analysis was data showing that the elderly immigrant recipients of SSI tended to have well-off sons and daughters. This is a big point, as the welfare reform bills, both Democratic and Republican, then being formulated, would come down harshly on the native, low-skilled, low-education poor. To continue to allow the immigrant parents of Silicon Valley engineers stay on the dole while throw poor natives out in the snow would have been egregiously unfair.

Let me be clear: Many immigrants themselves highly resented this abuse, as can be seen in this transcript of a Chinese-language radio program in San Francisco on which I appeared at the time. In other words, the Chinese-immigrant rank and file’s view was entirely opposite to that of the Chinese-American political activists, who howled when reform legislation was proposed. (As I recall, the activists had commissioned the Urban Institute to advocate for them.)

On the other hand…

To penalize working-class immigrants (or in the Trump proposal’s case, applicants for immigration) is, excuse the bold face, blaming the victim. Again, just look at the Bay Area. Low-skilled immigrants are hit with a double whammy: Because of overly high levels of immigration, working-class immigrants are paid lower and lower wages. Meanwhile, also because of high levels of immigration, housing costs in the Bay Area are soaring higher and higher. The natural, understandable result is the low-skilled immigrants need welfare — cash, medical care, housing assistance, food stamps and so on — in order to survive, in spite of working very hard.

All of this, then, is no less than an indictment of our overall immigration policy. A rational analysis, based on full facts, would balance generosity and a sense of humanity with what we can afford and with a recognition of the impacts on both natives and earlier immigrants. But with today’s ultra-politicized climate, rational decision making is sadly out of the question.

One more point on the politics, an interesting irony: As Mark Krikorian’s article points out, the US law on the public-charge criterion was enacted way back in 1882. His point is that the Trump proposal merely implements policy that has been followed for 136 years. Fine, but guess what! That same year, 1882, Congress passed the Chinese Exclusion Act, which barred immigration from China. University Asian-American Studies classes offer the Act as a prime example of America’s racist history. Once the ethnic activists realize this connection to public-charge policy, they will argue, not entirely without justification, that the current Trump proposal for strict enforcement of the public-charge provision was enacted by a racist Congress, rendering the Trump policy morally invalid. Just sayin’…

 

 

 

H.R. 392 (eliminates country caps…)

For some time, activist groups such as Immigration Voice (IV) have lobbied Congress to change the law on green cards. Specifically, the statute limits nationals (by birth) of each country in the world to 20,000 green cards per year. Since the dominant nationality among H-1Bs is Indian (with Chinese a distant second), the same is true for applications for employer-sponsored green cards. This has created longer and longer backlogs, with waits exceeding 10 years or, according to some estimates, forever.

(Note by the way that the employers in question are the “Intels,” i.e. mainstream firms, large and small, who hire foreign students at U.S. campuses and eventually sponsoring them for green cards. The “Infosyses,” i.e. outsourcing firms, only rarely sponsor their foreign workers for green cards.)

IV has been lobbying Congress for years for a remedy, and they were excited to see it finally materialize as H.R. 392, which (not surprisingly) now seems stalled.

I’ve been neutral on the bill, preferring to point out that if the employer-sponsored green card programs were limited to their putative goals — remedying labor shortages and bringing in “the best and the brightest” — there would be no backlog. Back in the 80s, say, a typical wait would be a year or two, and with a decent reform to H-1B and the EB-series green cards, we could easily achieve this.

Although my stance on the bill has been neutral, I have expressed irritation with some foreign workers who refuse to acknowledge that the H-1B and green card programs do have many American (US citizens and permanent residents) victims, for whom the bill’s title, the Fairness for High-Skilled Immigrants Act of 2017, sounds rather Orwellian.

With this in mind, I was rather startled to see this article from the Center for Responsive Politics, a watchdog group concerned with the influence of monied groups in politics. The opening paragraphs sound more like an IV plant than a piece on money on the Hill. The material on lobbying does not appear until the eighth ‘graph, but once it begins, it is interesting and informative.

What is most interesting to me, though, is the article’s excellent coverage of an aspect that I have often highlighted over the years (emphasis added):

According to [IV co-founder Aman] Kapoor, the Indian backlog problem is self-sustaining. People with H-1B status can’t switch jobs for fear of losing their place in line, so some employers seek out Indian candidates to take advantage of their H-1B status and their hopes of receiving a green card. Companies can hire them at entry-level salaries and keep them for a cheap and consistent price, even as they accrue on-the-job experience that might make them more valuable employees. Because their green card applications are attached to their job title, Indian workers can be stuck in the same position for years or decades, unable to accept a pay raise or promotion without starting the whole process over.

Excellent, succinct analysis, but I would replace “some employers” by “many employers, including the big household name firms.” As I wrote for instance in my HuffPo op-ed,

This immobility is of huge value to many employers, as it means that a foreign worker can’t leave them in the lurch in the midst of an urgent project. In a 2012 meeting between Google and several researchers, including myself, the firm explained the advantage of hiring foreign workers: the company can’t prevent the departure of Americans, but the foreign workers are stuck. David Swaim, an immigration lawyer who designed Texas Instruments’ immigration policy and is now in private practice, overtly urges employers to hire foreign students instead of Americans.

This candid statement by Google (which they volunteered, not in response to a question) should have been a bombshell, appearing in a prominent outlet.  Reporters should have been beating a path to my door, asking me for details.  No one ever has, including the ones who contacted me about H-1B because they had seen the HuffPo piece. Go figure.

Ironically, the only one who has ever responded on this was Rep. Ro Khanna,     during the debate between him and me sponsored by the Voice of America.  He DID see that it was a bombshell, and as a staunch advocate for the tech industry he was quite angry at my stating it.  Here is an excerpt from my report on the debate:     

Khanna reacted quite sharply to this, his voice rising. ‘This is a very serious charge! You have no proof! Who at Google said this? What are their names?’ I replied that I had stated this publicly before without objection from Google,and then said, ‘I’ll give you the name of the HR person, who by the way is now at Facebook. You should call Google.’ But of course he did not take me up on the offer.

Here we have a major, indeed iconic, Silicon Valley firm admitting to giving hiring preference to foreign workers. To me, the failure of the press to follow up on such a tantalizing lead is mystifying.

The article also notes that the bill’s shorter waits for Indians would result in longer waits for others, citing Iranians as an example. One can debate what is really “fair” here, but the salient issue is this: If H.R. 392 were ever to be enacted (possibly as part of another bill), Congress would feel it would be forced to enact a companion measure, the so-called Staple a Green Card policy. The latter would grant blanket permanent residency to all STEM graduate students at US schools (“stapling a green card to their diplomas”). Arguably H.R. 392, by simply “rearranging the deck chairs,” would have no adverse impact on U.S. workers, but Staple’s harm on the Americans would be severe, as I have written before.

There is no better example of “the devil is in the details” than H-1B/green card policy.

Crazy Hypocritical

I’ve often written that the word Asian is misused, often for calculated political reasons. For instance, in the currently pending lawsuit against Harvard’s admissions affirmative action (AA) policies, the claim is discrimination against Asian-American applicants, yet the anti-AA movement has been mostly Chinese. Indeed, for the most part, Indian- and other South Asian-Americans have been conspicuously absent, in spite of similar demographics. It’s natural that the anti-AA people want the broader “Asian” umbrella, but this example shows that the term can be misleading.

Another interesting example, pointed out in The Economist‘s September 1 issue, is the movie Crazy Rich Asians. Many Asian-American activists, again mainly Chinese, have praised the film for having an “all-Asian” cast. They had complained for years, quite justifiably, that Hollywood has typically portrayed Asians in negative roles, say menial workers. Now, finally, an “Asian” movie is out, and enjoying high box office success.

Well, not quite, says Banyan of The Economist, writing on how some view the film in multi-ethnic Singapore, the setting of the film. The main characters are ethnic Chinese (though the male lead is half Malay, half white). The Economist, not a publication that plays up identity politics, writes:

For plenty of Asians, the film is more of an affront than a triumph…the film ignores all Asians other than the Chinese kind. One-quarter of Singapore’s population is not Chinese but of Malay or Indian descent. Yet when Malays feature, it is as valet-parking attendants, Indonesians as masseuses…Sikh guards [are portrayed as] buffoonish…What passes for victory in Hollywood can look like a glaring failure in Singapore.

Not sure how Banyan got wind of this, but it’s an important point.

Chain Migration

One of the aims of the White House immigration proposal is to reduce chain migration — John immigrates to the US, then sponsors his wife Mary, who sponsors her brother Bill and so on. As one goes through the chain, the connection to John becomes weaker and weaker, at some point becoming nil.

Ironically, you’ll find no better example of chain migration than this article extolling it. This passage says it all:

The young engineer arrived in America when he was 23 with a good education and little else. He landed a job at a nuclear test site, and built a home in Nevada. Between the 1970s and the mid-1980s, he brought his wife, mother, five sisters and a brother over from India, his native land.

In later years, his siblings sponsored family members of their own, and their clan now stretches from Nevada to Florida, New Jersey to Texas — more than 90 Americans nurtured on the strength of one ambitious engineer, Jagdish Patel, 72.

90! Mr. Patel sounds content and proud, as he well should be. But the implication that that nuclear test site couldn’t have filled its position had he not been available is of course false. Moreover, if any of those 90 people immigrated at or near retirement age, it is very likely that they used government services — cash in SSI, health care in Medicaid, access to subsidized senior housing and so on. (Many government-supported senior housing facilities are heavily populated by immigrants with little or no work experience in the U.S.  This is causing long waiting lists, with many people, native or immigrant, who did work in the U.S. now being frozen out.)

In the last 10 years or so, there is been bipartisan support for ending the core driver of chain migration, the Fourth Preference, under which naturalized citizens can sponsor their adult siblings for green cards — until now. Today, with both parties refusing to cooperate on immigration (and virtually everything else), the Democrats hope people won’t remember the Dems’ past stance, and are treating ending the Fourth Preference as Evil Incarnate.

For the record, I’ll remind everyone that I do not like elitist policies, and thus I oppose the Trump immigration reform proposal. But that doesn’t mean I support the fallacious arguments against it.