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Legal & Policy Challenges »

Reform immigration and security laws to bring more skilled and experienced people into the US

Why Is This Idea Important?: This is probably not most what people want to talk about in economically difficult times. Who needs more foreign people taking away jobs from hardworking Americans. But it isn't that simple. As a matter of fact, the United States of America are founded on base of Immigration. Not only the forefathers were immigrants, in the past immigration also brought the brightest and most skilled people to the US, which eventually became US citizens and put their skills to the benefit of this country. Refusing immingration means besmirching the American history, the honor of the founding forefathers and is deeply un-American. However, uncontrolled immigration overstresses available ressources and capabilities, so controlling and limiting immigration is inevitable. Also, with the events of 9/11, many things changed. There was fear and mistrust, security rules got tighter, regulations much more stringent. Foreign nationals were no longer as welcome as they were in the past. The US started to encapsulate itself from the rest of the world. The US changed from being the county of choice for talented and skilled immigrants to being an immigration-averse country. As a result, it is no longer the preferred country for highly skilled and experienced people for which not only in the US is more demand than supply. The current situation: Legal immigration into the US is not easy. Immigration is controlled by an unflexible country quota system that completely ignores the needs this country and also its domestic industry has for sought-after specialists and fresh talents. Immigration and naturalization processes are complicated, take a very long time and are tiresome. Because of the many complicated and often changing regulations after 9/11, most jobs are labelled "US citizens only" even if the position doesn't touch any security issues. And while it already is bad in areas not touching anything security sensitive, it is even worse in security-related positions. While in other countries their system allows non-citizens to obtain any security clearance and thus to provide to their military capability, in the US it is simply impossible to obtain a security clearance without being US citizen (in theory, non-US nationals can work in security-sensitive areas through a waiver called LAA, but since this is a very complicated and painfully slow process bound to excessive limitations, in reality, it isn't of much use). Also unlike other countries, obtaining a security clearance requires revokation of any dual citizenship. While this might be sensible in cases where citizenship is of one of the instable or politically difficult countries, there simply is no reason why this should be necessary for citizens of our strongest allies (UK, Germany, Sweden, and several other NATO countries), countries we already regularly exchange sensible military and govermental information with, and with which we already have several cross-national security-related agreements. It is also worth mentioning that in fact it already works the other way around, US citizens can get security clearance in these countries without having citizenship, and if they hold citizenship in one of these countries there is no need to revoke US citizenship to become security cleared. America just ignores the fact that citizenship doesn't necessarily correlate with sympathy for a certain government, as the lack of citizenship is not necessarily a sign of the lack of loyality (as proven by the ancestors). At the end of the day, all this shows is mistrust against the US strongest allies, allies that this country needs, especially in these difficult times. On the other side, the US suffers from illegal immigration, which not only stresses the already weakened social system and lead to a rise in crime, but also fuel public resentments against immigration in general. The result: The US has become increasingly unattractive for highly skilled and experienced people. Additionally, there is an increasing activity in China and other (ex-)developing countries to bring in know-how, skills and experience to strengthen and increase their military and industrial power. Already the US industry has problems filling positions requiring specialist skills, knowledge and experience. More and more work is moved outside the US where there are less limitations on whom to employ. The inability to make use of foreign specialists also affects the defense and aerospace industry, while outside competitors get stronger and stronger because they are located in a country with more flexible and less excessively limited immigration laws. So it is very obvious that the current immigration system is not good enough for the requirements of the United States.

To avoid America loosing even more of its technological leadership, President Obama should initiate the following changes:

1.) Reform of immigration law for skilled/experienced people:

- Make the visa and naturalization process more transparent and more efficient.

- Make it easier for people with specialist skills/knowledge/experience to obtain a permanent work visa and to naturalize.

2.) Reform of regulations for obtaining a security clearance:

- Make it possible for foreign nationals which have citizenship in one of an allied countries (UK, Germany, Sweden, certain other NATO countries) and which are security cleared by this country to be able to obtain an US security clearance up to a similar level as the foreign clearance. In case the foreign security clearance is inactive at the time of application, make it a requirement that this clearance is refreshed by the foreign country before an US security clearance can be issued.

- The obtainment of an US clearance shall of course still be bound to appropriate security investigations by US authorities, but these investigations should be done in cooperation with authorities of the foreign country in which the foreign security clearance is held (a similar process already exists for the LAA, a similar but more efficient and transparent process could be used instead). Also, foreign nationals shall have to take an oath on the American Constitution before the clearance can be granted.

- Remove the requirement to revoke secondary citizenship of another country when applying for an US security clearance shall be removed if the applicant holds citizenship of an allied country (like UK, Germany, Sweden and certain other NATO countries).

- Use the already established cooperation infrastructure with our allies (UK, Germany, Sweden, certain other NATO countries) to provide for a standardized and efficient security verification. Make it a requirement that the US part of the clearance process doesn't take more time than it takes for an US citizen.

- Make it possible for security cleared foreign nationals to provide specialist knowledge and experience for this country by allowing them to work for government agencies in a same way as similarly cleared US citizens can do.

3.) Prevent discrimination based on nationality:

- Make it illegal for employers to discriminate against foreign nationals by flagging jobs as "US citizens only" unless there is a valid reason (i.e. affects certain areas of highly critical national security issues).

- Remove the requirement for US employers that exists in some fields to prove that no US citizen is available to fill the position before any foreign national can be hired. Employers should be able to select employees for their skills and experience, and for what they bring to the company, and not being forced to discriminate against foreign nationals.

Submitted by Ben G 2 years ago

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Comments (15)

  1. photosrme said:

    Illegal Aliens here in the United States are Criminals. Hunt them down like any other criminal, and deport them. If they are caught here Illegally in the United States a second time, ship them to a place like GITMO.

    No more Political Correctness. No more molly-coddling. Illegal Aliens cost we the taxpayers.

    2 years ago
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  2. gypsy_sage said:

    Look all immigrants are not bad but we are one country and we are not responsible to fix all problems of the world....If (and I know they do) have problems with their gov.....They have to stand together in their own land and fix the problem.....

    Every group of immigranst....except some european immigrants....come here and demand that we (AMERICANS) change our laws and our culture to cater to them........NO,NO,NO!

    2 years ago
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  3. hersanctuary said:

    why? we have millions of tech savvy CITIZENS looking for work. dont tell me we cant fill any available position with a competent us citizen.

    2 years ago
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  4. calowry said:

    ABOSOLUTELY NO, NO, NO, NO AND NO!!!!!!!!! I have lived overseas and we could not just walk into their country without a visa, work permit and etc. and we certainly could not apply and/or accept any type of monetary, political or any other type of aid nor would I want to. Illegal is illegal. It says what it means and it should mean what it says - ILLEGAL!!!!! That means it is not legal and therefore consequences should apply. Come to this country the correct way and stop stepping on those who do.

    2 years ago
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  5. itsa24.7 said:

    I am a skilled worker. Will I loose MY job to a "more" skilled foreigner? NO WAY!!! Keep American Jobs American!!!!!!!!!!

    2 years ago
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  6. tahlofd03 said:

    Completely agree - while constantly beaten over the head by media & universities with gobbledygook about tolerance, bigotry and open mindedness when it comes to immigration, this campaign applies only to South of border population, who grossly take advantage of existing supporting system , but contribute minimally, if at all to the tax system.

    Priority by proximity in immigration is both unfair and suicidal - hordes of uneducated (and resistent to education) sure provide less than a few hundred of say... Mongolians or Bulgarians with academic interests.

    The Dems' position in this affair confirm once again that all what they want to do is to change the demographic makeup of America in order to keep themselves in power - and no concern whatsoever for this country future.

    This, and the medieval absurdity that grants any foetus delivered on the US territory American citizenship MUST be changed ASAP.

    2 years ago
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  7. brianfh01 said:

    Ben and itsa, the word is "lose". "Loose" means untied, slack. Rhymes with "goose". As a verb, it is very rare, and means to release an arrow from a bow, etc.

    Sorry for losing it, but this stupid confusion bugs me!

    2 years ago
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  8. The only reason we would need more immigration is because we have disdained credible education in American schools in deference to political correctness and the Liberal notion that if we hold any high expectations of our own children we may hurt their itty-bitty feelings. It's a mentality of surrender to graduate our children from High School through "social promotion", and then search foreign soil for future employees who are a little smarter than a rock.

    What person with a reasonable facsimile of a brain thinks we're doing our children a favor by catering to THEIR ideas of what's relevant? By indoctrinating them with lying propaganda about the history of their Nation and the principles and values it was founded on, and encouraging them to become sexually active with the further lie that "condoms allow safe sex"? "WE" are the ones who created this pathetic dearth of intellect and true academia. The first step in correcting the situation is to admit that teaching political correctness and moral releativism was wrong.

    What you're proposing is simply FURTHER surrender and further marginalization of our own children.

    2 years ago
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  9. The United States has the most comprehensive and best thought out immigration laws in the world.

    8 USC ¶ 12 is the Immigration and Nationality chapter of the U.S. Code.

    http://www.law.cornell.edu/uscode/8/usc_sup_01_8_10_12.html

    If you choose to advocate for "Comprehensive Immigration Reform," read our immigration laws first.

    You may find articles that you would want to change for your own benefit, but it is unlikely that a majority of Americans will agree with you.

    The left-leaning Pew Research Center found that 77% of Americans polled selected, “we should restrict and control people coming into the country to live more than we do now.” That was in Nov., 2003, and American citizens have become much more aware and awake in the 5½ years since then. With the current unemployment rate at 9.4%, not counting discouraged workers, American citizens today are much more sensitive about losing their livelihoods - especially losing jobs to illegal alien workers who shouldn't be in the country in the first place.

    http://www.pewtrusts.com/pdf/pew_research_values_110503.pdf

    On May 23, 2007, Rasmussen Reports announced that 72% of registered voters polled say, it is Very Important for “the government to improve its enforcement of the borders and reduce illegal immigration.”

    On May 24, 2007, a New York Times/CBS News poll announced that 69% of American adults believe illegal immigrants should “be prosecuted and deported for being in the U.S. illegally,” while just 24% disagree and say they should not.

    82% believe the federal government could be doing more to “keep illegal immigrants from crossing into this country,” and only 14% say, “the U.S. is doing all it can reasonably be expected to do along its borders.”

    75% favor higher fines and increased enforcement of employers who knowingly hire illegal aliens.

    On June 6, 2007, Rasmussen Reports announced that half of those polled opposed the Senate Comprehensive Immigration Reform bile, er, bill. Only 23% supported it.

    On Nov. 6, 2007, Rasmussen Reports found that 77% of those polled opposed giving driver's licenses to illegal aliens, an under-the-counter granting of legitimacy which then-Gov. Spitzer and Sen. Hillary Clinton proposed and quickly retracted.

    On March 17, 2009, Rasmussen Reports found nearly seven out of ten voters polled supported local law enforcement of immigration laws. 73% of voters said that police officers should automatically check to see if someone is in the country legally when the officer pulls that person over for a traffic violation, while only 21% disagree. 67% of voters said that if law enforcement officers know where immigrants gather to find work, they should conduct surprise raids to identify and deport illegal aliens.

    The U.S. Chamber of Commerce and scofflaw employers, along with La Raza and their ilk, have lobbied in the Senate for amnesty and slack immigration law enforcement. http://www.numbersusa.com/content/polls.html has more polls which show the widespread public opposition to those assorted sordid proposals.

    Even though the media, at the bidding of their advertisers, promote the open borders agenda, American workers know when they're being had, and they won't have it.

    2 years ago
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  10. killnwo1984 said:

    SCREW YOU AND YOUR G_D ALIEN FOREIGN WORKERS! WE NEED A MORATORIUM ON ALL IMMIGRATION UNTIL EVERY SINGLE ILLEGAL ALIEN IS DEPORTED!THEN, WE GO BACK TO PRE- "CHAPPAQUIDDICK TED" IMMIGRATION REFORM LEVELS. HOW MANY MORE SHEEP DO THINK THIS COUNTRY NEEDS? 300+ MILLION NOT ENOUGH FOR YOU? YOU'D BE HAPPY WITH 400-500 MILLION? THIS IS BY FAR THE STUPIDEST, MOST IGNORANT IDEA I HAVE SEEN ON THIS SITE! THIS IS AKIN TO SOMEONE SAYING, "MY HOUSE IS ON FIRE SO CAN YOU BRING ME OVER ANOTHER GALLON OF GASOLINE!"

    SCREW YOU X 2, DUMBA**

    2 years ago
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  11. sboyd8071 said:

    I believe we need to recognize that all we humans are on a small planet and we are unbelievably interconnected. If we would work together to bring the greatest good to the greatest number, we just might survive our current environmental and other crises. Otherwise, we are probably doomed to a life we would not wish on anyone--the few who survive, that is.

    2 years ago
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  12. sboyd8071

    What you're talking about requires world-wide Communism. Your thoughts may be well-intended, but you presume epople will work for little or nothing just as hard as they'll work to provide themselves and their family a more bountiful and comfortable living. They won't. I won't. You also presume that everyone WILL work. They won't. We do what he can and are willing to do to help other people, but those who aren't willing to work and help themselves don't deserve help. Short of Obama-Pelosi-Reid-Frank "redistribution of wealth" Socialism (Communism-lite), we can't provide what you wish for every legal, deserving AMERICAN citizen. Again, your thoughts may be well-intended, but they are also incredibly naive and Utopianistic. We do not owe the world a living, and even God doesn't expect us to provide comfort for the lazy and undeserving.

    2 years ago
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  13. ldyscaper said:

    As an unemployed IT Exec. I believe we should employ educated US citizens BEFORE we give our jobs to those here on Visa. We have too many out of work citizens. Yes, we need immigration reform, but not at the expense of our own.

    2 years ago
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  14. p40n said:

    There is a shortage of engineers and nurses in the US because US citizens major in these fields in college. Companies and hospitals have trouble finding people for these area. Yes, we need to hire people from other countries to fill these positions.

    Also, it is terribly expensive to care for an elderly person in the US. This is a growing problem as the Baby Boomers reach old age. A simple solution is to make it easier for seniors to hire home care workers from countries like the Philippines to take care of them. Philippine domestic help workers earn about $180 per month plus room and board when they work in the UAE. They work 12+ hours a day, 7 days a week for this pay and are glad to get it. Philippine domestic workers earn about $300-$400 a month in Hong Kong (plus R&B). They work 12* hours a day for 6 days per weeek. They are happy to have these jobs because of the poor pay in the Philippines. (A nurse in the Philippines earns $300-$400 a month without R&B). If the US adopts the same policy as Hong Kong, then this could greatly help the senior citizens in the US and GREATLY reduce Medicaid costs !!!!!! (I know this because I've known some Philippine overseas workers.)

    One key to make this work is to offer work visa for selected occupations for which there is shortage of college graduates or for selected occupations like domestic help for seniors.

    2 years ago
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  15. marksc said:

    National Security laws would be hard to equalize. Alan Turing was a homosexual yet he was employed by the British in breaking the Nazi Code. The group he worked with my have shortened the war by two years.

    2 years ago
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