Putting the Immigration Reforms to Work

Rarely if ever in U.S. history has any law so quickly produced the kind of massive impact triggered by the new immigration reform legislation.

Even though the penalty phase of the law has yet to begin, government figures show that the goal of curbing illegal immigration--believed by many to be impossible--can be achieved.

Within months after the law was passed, the illegal flow of workers into this country began to drop precipitously--down last month by as much as an estimated 60% from a year earlier.

The law’s dramatic effect so far clearly indicates that this country can substantially slow the flood of illegal aliens, who for decades have poured across U.S. borders.

Immigration reform opponents have long maintained that even a law enforced by armed guards posted on a barrier like the Berlin Wall stretched along the entire southwestern U.S. border could not stop the flow of foreign workers who come here in a desperate search for jobs.

But supporters of immigration reform have argued that it could be done. Further, they have contended that if the enormous supply of cheap foreign labor was thereby reduced significantly, wages and benefits would go up enough to attract unemployed Americans to jobs that had been filled by easily exploited illegals.

After more than a decade of debate, Congress overcame the doubters and employers who want cheap labor by passing the Immigration Reform and Control Act of 1986.

Congress agreed to legalize millions of aliens, an unprecedented, sensible action. And it also said employers who knowingly hire illegals should face stiff penalties.

The law was passed in November, but the penalizing of employers who violate it does not begin until July 1. And initially, only warnings will be given, anyway.

Nevertheless, the flow of illegals across the border began to recede months ago, proving that foreigners will not come here in droves if employers don’t offer them plenty of jobs.

No one knows all the reasons that the new immigration reform act has had such a powerful impact. But it is partly because of an amazing word-of-mouth grapevine that links this country to labor sources in Mexico.

Government experts in the United States and Mexico say that after the law passed, word spread abroad rapidly that customary employers of illegals in this country had stopped hiring them because of the prospect of hefty penalties.

The experts also say that large numbers of illegal aliens who normally return to Mexico and other countries during the Christmas holidays did not leave the United States last year because they feared that the new law would prevent them from returning to their jobs. That also helped reduce the number of illegals crossing the border while keeping them in the work force here.

Crossings Rise

In just the last three weeks, however, the number of illegal border crossers has begun to rise again. It seems that a new message is going around Mexico: Those first stories on the grapevine were exaggerated. U.S. employers will, after all, continue to offer jobs to illegals in violation of the new law and risk the penalties.

The conclusion for us, though, is that the law will work if it is rigorously enforced. That’s especially important, because at least some employers apparently are not above using deceptive tactics to get Congress to kill or at least weaken the historic law.

As the flow of illegals into this country slowed, employers who routinely hired mostly illegals began to complain bitterly that, suddenly, their workers had almost disappeared.

Seemingly sincere cries of labor shortages came from garment manufacturers in Los Angeles, growers in the Northwest and parts of California, and owners of hotels and restaurants in many parts of the country--all traditional users of the cheap labor of illegals.

Orchestrated Plan

However, checks with government employment offices, university experts, unions and others raise serious suspicions about many of the claims of labor shortages, or the cause of those that actually exist. Some of the loud cries of shortages have the earmarks of an orchestrated plan to influence Congress.

Remember, manufacturers are allowed to keep workers who were on their payrolls as of Nov. 6, 1986. Employers are not required to prove their workers are here legally, just that they were working by that date.

So, users of illegal aliens run into problems only when they have to find replacement workers or people for new positions.

Yet, suddenly, photos started appearing on TV and in newspapers across the country showing garment plants with sewing machines that were idled by a lack of workers.

What happened to those illegals already working who legally could have stayed on the job? The suspicion is that at least some garment manufacturers manufactured a false appearance of a critical labor shortage to get “relief” from the law.

There are other suspicious aspects about reports of shortages. For instance, the purpose of the law was to curb the endless supply of cheap labor and thereby push wages up to attract jobless workers who are here legally.

But the California Employment Development Department reports that many garment companies seeking help in finding workers still offer only the minimum wage of $3.35 an hour, with no fringe benefits. That isn’t even enough to attract many poverty-level workers.

Some firms have boosted their wage offers by 25 cents an hour, but provided no benefits such as health insurance.

Steve Nutter, Western director of the International Ladies Garment Workers Union, said unionized garment shops that pay sewing machine operators $5.50 an hour, plus fringe benefits, have no labor shortages.

There also are doubts about alleged labor shortages in agriculture.

Few growers in the Northwest who have said they urgently need workers followed their usual practice of asking California employment offices for help. And the wages offered by growers have not been raised to attract workers.

As for California, a spokeswoman for the employment department said: “We’re not aware of a great labor shortage in this state, at least not yet.”

Some California growers have asked state employment offices for workers, but they have raised wages only slightly, if at all, to ease the “shortages.”

When wages are raised, however, labor shortages disappear. Even though the immigration law has reduced the supply of illegal workers, there are plenty of people here legally who want jobs offering decent pay.

An example: A Marysville peach grower asked the department for tree trimmers, offering to pay $2 for each tree trimmed. Twenty workers were sent to the grower, but none arrived.

Offered More

On their way, they found jobs with growers who were offering $2.50 to $3 a tree. Those growers did not ask the state for help in recruiting.

Dolores Huerta, vice president of the United Farm Workers Union, said growers want to recruit in Mexico.

“Why don’t they look in this country? Many farm workers here are looking in vain for jobs,” she said, adding that unionized ranches don’t have labor shortages.

U.S. Rep. Howard L. Berman (D-Panorama City), a key architect of the new law, said immigration officials could avoid any possible labor shortages in agriculture by speeding job certifications. This would apply to farm workers eligible for the jobs because they have worked here before but are now in Mexico.

An indication of the potential effectiveness of the new law is the number of illegals arrested by the U.S. Border Patrol. It is estimated that for every person apprehended, three others arrive undetected.

In San Diego County, the most active border-crossing area, the number of apprehensions began dropping almost as soon as the law was adopted in November. By March, the total was off 33% from the same month a year earlier, and by May, arrests were down an astonishing 61%.

South Americans

Even more startling is the drop in the apprehension rate of illegals from Central and South America.

The decline in non-Mexicans coming here illegally began in January, when apprehensions of this sort plunged 48% from the same month in 1986. The unprecedented trend continued, with arrests down 79% in May and 69% so far this month.

In the past few weeks, the illegal flow of Mexicans across the border began rising again, but the total, as gauged by border arrests, still is down from last year. So far this month, apprehensions are running 16% below the rate of June, 1986.

The fact that the huge reduction in apprehensions of non-Mexicans continued this month indicates that either they haven’t heard U.S. employers still are willing to hire illegals or that the costs of getting here are so high that they are waiting until they are again assured jobs.

Congress has to resist pressure to kill or weaken the basic elements of its daring experiment to regain control of this nation’s borders.

There need not be a shortage of workers if once-illegal aliens exercise their new right to work here and if higher wages are offered to swell the work force.