America has an innovation problem. The H-1B visa backlog is making it worse.

“Since the early 20th century, the US has been a world leader in innovation and technical progress. In recent decades, however, some experts have worried that the country’s performance on these fronts has been slowing, even stalling.

There are many possible explanations for this phenomenon, but one has seemed especially salient in recent years: an immigration system that discourages, and often turns away, the most highly skilled and talented foreign workers.

Historically, immigrants have played a vital role in American innovation. As Jeremy Neufeld, an immigration policy fellow with the Institute for Progress, a new innovation-focused think tank, remarked to me, “It’s always been the case that immigrants have been a secret ingredient in US dynamism.” Robert Krol, a professor of economics with California State University Northridge, describes it this way: “The bottom line is that when you look at the impact of immigrants — whether you think about starting businesses or innovating patents — they have a large, significant impact.”

Multiple analyses of historical immigration patterns show that more migrants to a region correlates with a higher rate of innovation and related economic growth. By contrast, when immigration is more restricted, companies — especially tech companies and those that conduct innovative R&D work — are less successful, and growth in jobs and wages slows. Studies have also shown that immigrants tend to be entrepreneurial: Based on survey data between 2008 and 2012, 25 percent of companies across the US were founded by first-generation immigrants. Other research shows that immigrants are more likely than native-born US citizens to register patents.

As Neufeld points out, the Covid-19 pandemic might have gone much worse if immigration had always been as restrictive as it is now. A number of co-founders and critical researchers with Moderna are immigrants, as is Katalin Karikó, a pioneer of mRNA research — who, if she had tried to immigrate after the 1990 H-1B reforms to the skilled guest worker program, might not have been able to come to the US at all.

Those H-1B guest visas are at the center of the issue today, some experts say. Designed in 1990 to bring in skilled professionals to meet labor market shortages, visas through the H-1B guest workers program are sponsored by employers, who submit petitions to bring in particular foreign professionals appropriately qualified for specific, highly skilled roles. Guest workers generally need at least a bachelor’s degree in a relevant field.

According to the United States Citizenship and Immigration Services (USCIS), there are about 580,000 foreign workers currently on H-1B visas, a small percentage of the US workforce and immigrant population. But they are disproportionately concentrated in STEM, particularly computer-related occupations, often in fields where cutting-edge technologies are being developed.

Unfortunately, the H-1B process is falling increasingly out of date and badly failing to serve its original purpose of turning on the talent tap for top innovative companies. Congress sets an annual cap on how many H-1B visa holders can come in, and that cap is now far below what the labor market demands. The crush of applications once the window opens for a given year on March 1 is so intense that, in every year since 2014, USCIS has resorted to a lottery system instead of a first-come, first-serve process. That means that year in and year out, hundreds of thousands of high-skilled workers from abroad try to come to the US and ultimately fail, so that both the prospective employee and the company hoping to hire them end up losing out on their preferred option.”

America’s Founders Raged Against Qualified Immunity, Trade Restrictions, and Anti-Immigrant Policies

“The Declaration of Independence is probably best known for the panache of its opening and closing stanzas. Those bits about “the course of human events” and the pledging of “our lives, our fortunes, and our sacred honor” suggest that the authors and signers understood the political and historical significance of the moment—and, after all, you can’t have a revolution without a little linguistic dancing.
But the bulk of the document—it’s just 1,330 words; take a moment to read it today—is dedicated not to grand statements about self-evident truths or sweeping philosophical claims.

Mostly, it’s a laundry list of complaints about how the government really sucks.”

Title 42 Expulsions Made the Border Less Secure

“Customs and Border Protection (CBP) invoked Title 42 in nearly 1.8 million migrant encounters between April 2020 and March 2022, amounting to 61 percent of total encounters. Title 42 allowed immediate expulsion and barred affected migrants from applying for asylum.

Although immigration opponents pointed to those numbers as proof of the policy’s necessity, the figures were inflated. Because Title 42 is a health measure, immigration officials could not impose reentry penalties on expelled migrants. With no disincentive for reentry, the share of encounters that involved repeat crossers jumped to 27 percent in 2021, nearly four times higher than in 2019.

Excluding repeat crossings, the number of border apprehensions resembled pre-pandemic levels. Border hard-liners ignored that point, pointing to headlines announcing record CBP apprehensions. Meanwhile, most would-be migrants were unable to request asylum at a port of entry, opting instead to congregate at the border. That was the natural result of shutting down more orderly immigration channels.”

” The Title 42 order has led to more frequent and less predictable migrant inflows. With proper planning, its phaseout could result in more efficient processing at the border. Restoring the asylum-seeking process, coupled with expanding opportunities for temporary work visas and economic migration, could help prevent both harm to migrants and chaotic scenes at the border.”

The Supreme Court just let a Trump judge seize control of ICE, at least for now

“the Supreme Court handed down a brief, 5-4 decision that effectively places Drew Tipton, a Trump-appointed federal trial judge in Texas, in charge of many of Immigration and Customs Enforcement’s (ICE) decisions about which immigrants to target.

The decision was largely along party lines, except that Justice Amy Coney Barrett joined the Court’s three Democratic appointees.

The decision in United States v. Texas is temporary, but the upshot of this decision is that Tipton will effectively wield much of Homeland Security Secretary Alejandro Mayorkas’s authority over how ICE officers prioritize their time for as much as an entire year — and that’s assuming that the Biden administration ultimately prevails when the Court reconsiders this case next winter.

At issue in this case is a perfectly standard decision Mayorkas made last September. Federal law provides that the secretary of homeland security “shall be responsible” for “establishing national immigration enforcement policies and priorities.” Pursuant to this authority, Mayorkas issued a memo to ICE’s acting director, informing him that the agency should prioritize enforcement efforts against undocumented or otherwise removable immigrants who “pose a threat to national security, public safety, and border security and thus threaten America’s well-being.”

Then-secretaries of homeland security issued similar memos setting enforcement priorities in 2000, 2005, 2010, 2011, 2014, and 2017.

Not long after Mayorkas handed down his memo, however, the Republican attorneys general of Texas and Louisiana went to Tipton, a Trump judge with a history of handing down legally dubious decisions halting Biden administration immigration policies, asking Tipton to invalidate Mayorkas’s memo. Tipton obliged, and an especially conservative panel of the United States Court of Appeals for the Fifth Circuit allowed Tipton’s order to remain in effect.

DOJ asked the Supreme Court to stay Tipton’s decision, temporarily restoring an elected administration’s control over federal law enforcement while this case proceeds. But the Court just refused. And it did so without explanation.”

This Political Dissident Faces Death Threats if He Goes Back to Nicaragua. Why Was His Asylum Claim Denied?

“Biden administration officials are now working to undo some of the harmful legal policies put in place by Trump-era attorneys general—less visible than controversial measures like the border wall and family separation, but nonetheless damaging to due process and punitive toward the people who seek asylum on American soil. Last June, Attorney General Merrick Garland scrapped rules that made it difficult for victims of domestic violence or gang violence, as well as family members of threatened individuals, to qualify for asylum.”

Greg Abbott Spent $1,400 a Head To Bus Migrants to D.C. for a Political Stunt

“In early April, Texas Gov. Greg Abbott unveiled a controversial plan to send buses full of undocumented immigrants to Washington, D.C. The policy, Abbott said, would “help local officials whose communities are being overwhelmed by hordes of illegal immigrants.”

But it turns out those communities might be stuck footing the hefty bill for Abbott’s busing scheme. According to state records obtained by Dallas–Fort Worth’s NBC 5, bussing costs came out to over $1.6 million in April and May. With 1,154 migrants transported during that period, the per-rider cost was roughly $1,400.

That’s far more expensive than a commercial bus or train ticket would’ve cost—a one-way journey from El Paso, Texas, to Washington, D.C., runs somewhere between $200 and $300 as of this article’s writing. It’s also more expensive than a first-class plane ticket from a border town to Washington, which NBC 5 reported ranged between $800 and $900. And it’s more than the public spends on average to transport a student to school for an entire school year.

NBC 5 notes that costs are so high in part because the state has hired security guards to staff each bus.”

“Costs are further inflated by the fact that buses drive back to Texas from Washington empty, having dropped off their passengers. Texas, however, gets billed for all total mileage.”

“Abbott’s busing plan is by no mean his only expensive anti-immigrant endeavor. He vowed last year to build a wall along his state’s border with Mexico, initially transferring $250 million in state revenues to the project as a “down payment.” A donation page for the wall has collected $55,322,273 as of May 27—unlikely to make a significant dent, given that a section of former President Donald Trump’s border wall in Texas came out to $27 million a mile. Abbott’s border-securing mission, Operation Lone Star, costs taxpayers over $2.5 million per week. That effort also left hundreds of migrants in pretrial detention for weeks or months over misdemeanor trespassing charges”

How the US is failing refugees, in one chart

“For the first time on record, the global number of people forced to flee their homes has crossed the staggering milestone of 100 million, according to recent data from UNHCR, the UN Refugee Agency.

That 100 million includes refugees, asylum seekers, and those displaced inside their borders by conflict. If they were a single country, it would be the 14th most-populous nation in the world.

“It’s a record that should never have been set,” UN High Commissioner for Refugees Filippo Grandi said in a press statement. “This must serve as a wake-up call.”

It should especially serve as a wake-up call for rich countries like the United States that have fallen short of their moral and political responsibilities to the displaced.

“We very much have a national mythos around being a safe haven and being a nation of immigrants,” said Elizabeth Foydel, the private sponsorship program director at the nonprofit International Refugee Assistance Project. “And for a long time, the US was the top country in terms of resettlement. But I think it’s definitely fair to say that we’ve been falling short over the past several years. You see a pretty significant decline overall.””

“Part of the work of rebuilding the US resettlement program is undoing the damage that was done under previous administrations. That means staffing up the government agencies that do resettlement and streamlining the security vetting process.

The Biden administration is also working on getting a private sponsorship program up and running by the end of this year, one that would allow Americans to sponsor not only Afghan refugees, as I’ve previously written about, but refugees from any country.”

“For anyone interested in becoming a sponsor through this program, it’s a good idea to start preparing now, since it will likely require a fair amount of money. Canada’s highly successful private sponsorship program, for example, requires a sponsor to raise nearly $23,000 USD to bring over a family of four refugees. The US equivalent of that program could easily require money on a similar scale.

But it would be well worth it, since it would provide an immigration pathway so more vulnerable people can enter the US. Importantly, the State Department has signaled that any refugees who come to the US via private sponsorship will be in addition to the number of traditional, government-assisted resettlement cases.”

The Twisted Logic Behind The Right’s ‘Great Replacement’ Arguments

“This more mainstream version of the replacement theory hides behind justifications that the criticism of changing American demographics is about politics and power. It’s a narrative so prevalent on the right that nearly half of Republicans believe that immigrants are being brought to the country for political gains. According to a poll conducted in December by the AP-NORC Center for Public Affairs Research, 47 percent of Republicans agreed with the statement that “there is a group of people in this country who are trying to replace native-born Americans with immigrants who agree with their political views.”

But those justifications are built on false assumptions about American demographics and immigration: that white people will soon be a minority in this country, that immigrants and non-white voters are all Democrats, and that no longer being the majority group means a loss of power. When those assumptions are torn down, the true justifications for these fears become transparent.

The theory’s first inaccurate assumption is that white Americans will soon become a minority population. But using any nuanced reading of the data, that’s not true. Yes, in 2015, the U.S. Census Bureau published a population projection that by the year 2044, non-Hispanic white Americans would no longer be a numerical majority in the country. But not being the majority is not the same as being a minority: Even in that projection, non-Hispanic white Americans would still make up a plurality of the population compared with any other race. And non-Hispanic white Americans are not the only white Americans. When you include American Latinos who identify as solely white, you wind up with “more than 70 percent of the population identifying at least in part as white in 2044 and over two-thirds in 2060,” according to research published last year in the journal “Perspectives on Politics.””

“The same research showed that presenting the demographic-shifts story as “majority-minority by 2044” prompts white Americans to say they feel more anxious and less hopeful. But when you present the same demographic changes in a more nuanced (and accurate) narrative around a rise in multiculturalism and Americans who identify as more than one race, white Americans’ self-reported anxiety was lower, even compared with a control group presented with basic facts about demographic changes with no narrative framing, according to the same study.

It’s almost like inaccurately framing demographic shifts as a zero-sum game leads to inaccurate perceptions among Americans that can amplify fear and resentment.”

“Another plot hole in the mainstream replacement narrative is the assumption that immigrants will solely support the Democratic party. Stefanik’s campaign ran a Facebook ad in September that echoed replacement-theory rhetoric. “Radical Democrats” were planning “a PERMANENT ELECTION INSURRECTION,” the ad claimed. “Their plan to grant amnesty to 11 MILLION illegal immigrants will overthrow our current electorate and create a permanent liberal majority in Washington.”

Carlson, too, has repeatedly warned of a so-called Democratic plot to “import an entirely new electorate from the Third World and change the demographics of the U.S. so completely they will never lose again.”

But even he concedes that this narrative is flawed, pointing out in his show last week that many non-white and immigrant voters are, in fact, Republican. In the 2020 election, roughly 2 in 5 Latino voters cast a ballot for then-President Donald Trump. And, as my colleague Alex Samuels has written, messaging about racial grievances might, perhaps counterintuitively, attract some Latino voters to the Republican Party. In fact, the GOP attracts voters from every racial group, and while white voters may be its base, not all nonwhite or immigrant voters are Democrats.”

The solution to “differential demography” is more migration

“In 2020, the general fertility rate in the US hit its lowest level on record, and provisional data for the first six months of 2021 showed a 2 percent decline in the number of births compared to the same time period in the previous year.

And what’s happening in the US is taking place in much of the rest of the world, as people are slower to marry and slower to have children.

That trend has helped contribute to what will be one of the dominant themes of the 21st century: the slowdown of population growth, especially in developed countries, and the eventual shrinking of the number of human beings on the planet.”