ADI 2010 Topic Lecture

Dr. Dave Hingstman

University of Iowa

2010-11 Policy Topic• Resolved: the United States Federal Government

should substantially increase the number of and/or substantially expand beneficiary eligibility for its visas for one or more of the following: employment-based immigrant visas, nonimmigrant temporary worker visas, family-based visas, human trafficking-based visas.

Social contexts for this topic

• Arizona passes HB 1070 and sends the police after migrants

• The Great Recession spurs pressure for immigration reform

What is a visa?• A visa allows a foreign citizen to travel to a U.S.

port-of-entry and request permission from the U.S. immigration officer to enter the United States. It does not guarantee entry into the U.S.

http://www.educationusa.info/pages/students/visa.php

• The US Immigration and Naturalization Act [“INA”] §212 specifies admissibility criteria that may prevent entry regardless of visa status

The number of visasThe US Bureau of Consular Service, Dept of State, and US

Citizenship & Immigration Services (“USCIS”), Dept of Homeland Security, supervise visa issuance

• Immigrant visas issued in FY 2009 = 468,770

• Nonimmigrant visas issued in FY 2009 = 5,804,182

http://www.travel.state.gov/pdf/FY09AnnualReport_TableI.pdf

Why increase the number of visas?

• The US Congress caps the number of visas in each category. The demand for most categories of US visas far outstrips the supply.

Some possible advantage claims: increase intercultural awareness boost economic growth & innovation reunite and strengthen families achieve justice for the disadvantaged reward those who defend US security increase US international prestige

Beneficiary eligibility for visas

• Beneficiary defined: “The visa applicant who is named in a petition to USCIS.”

http://immigration.about.com/od/immigrationglossary/g/ Beneficiary.htm

• Eligibility defined: “To be eligible to apply for an immigrant visa, a prospective immigrant first has to prove that she fits within a particular statutory category of eligibility AND that a visa number is available at the time she files her application to immigrate.”

http://www.pbl.net/IMMIGRANT_SELECTION_SYSTEM.doc

Statutory visa categories

• Immigrant visas (permanent residency)[underlined categories correspond to topic wording]

FB-1, FB-2A, FB-2B, FB-3, FB-4 & IR (immediate relative) categories Family-based preference (FB visas) -- 176,203 in FY 2009

Immediate relative (IR visas) -- 227,517 in FY 2009

EB-1, EB-2, EB-3, EB-4 and EB-5 categories [“green card”] Employment-based preference -- 13,286 in FY 2009

Special immigrant visa (SIV) category Iraq and Afghani translators, spouses & children -- 4,324 in FY 2009

Diversity (DV-1, DV-2, DV-3) categories (lottery) Immigrants from nations historically unrepresented-- 46,761 in FY 2009

Statutory visa categories

• Nonimmigrant visas (minimum length 90 days)A. Temporary workers [underlined categories correspond to topic wording] USCIS, June 27, 2010 update• E-1, E-2, and E-3 categories treaty traders and employees, treaty investors and employees, and certain Australian “specialty” professionals -- 34,638 in FY 2009• H-1B, H-1C (expired 12/09), H-2A, H-2B, H-3, and H-4 categories workers in specialty occupations, registered nurses working in shortage areas, temporary agricultural workers, temporary non-agricultural workers, trainees other than medical or academic, and children -- 278,168 in FY 2009• L-1A, L-1B and L-2 categories intracompany transfers in management or specialized work and family members -- 124,275 in FY 2009• O-1, O-2, and O-3 categories persons with extraordinary ability in a field and assistants and family members--16,466 in FY 2009• P-1A, P-1B, P-2, P-3, and P-4 categories recognized athletes or entertainers; cultural exchange performers; teaching artists or entertainers -- 34,010 in FY 2009• I, Q-1, Q-2, R-1, R-2 and TN categories media representatives, cultural exchange instructors; religious workers and NAFTA professionals -- 28,103 in FY 2009

Statutory visa categories

• Nonimmigrant visas (minimum length 90 days)B. Family-based visas [underlined categories correspond to topic wording]

• K-1, K-2, K-3, and K-4 categories fiancés (to marry in 90 days) and spouses of US citizens and their children -- 40,645 in FY 2009

• V category spouses and children of permanent residents with pending permanent resident papers -- 0 in FY 2009

Statutory visa categories

• Nonimmigrant visas (minimum length 90 days)C. Human trafficking-based visas[underlined categories correspond to topic wording]

• T-1 category victims of “severe trafficking” who agree to assist law enforcement authorities in the investigation or prosecution of such trafficking and who would face “a significant possibility of retribution or other hardship if removed from the US -- 95 in FY 2009

• U category victims who suffer “substantial physical and mental abuse” resulting from any of a long list of criminal activities including domestic violence and who have been helpful to law enforcement -- 13 in FY 2009 [possibly topical if related to trafficking]

Statutory visa categories• Nonimmigrant visas (minimum length 90 days except C categories)D. Miscellaneous• A category foreign government officials -- 102,825 in FY 2009• B-1, B-2, or B-1,2 categories business visitors not employed by US companies, pleasure visitors, or both purposes -- 42,261; 443,100; and 2,924,368 in FY 2009• C-1, C-2 and C-3 categories foreigners in transit through the US for no more than 29 days -- 124,275 in FY 2009• C-1/D and D categories persons traveling to join a ship or aircraft crew and persons serving on ship or aircraft crews --205,893 and 23,634 in FY 2009• F-1, F-2, F-3 categories students engaging in full or part time academic study -- 353,798 in FY 2009• G-1, G-2, G-3, G-4, and G-5 categories representatives to and employees of international organizations and their personal attendants -- 43,876 in FY 2009• J-1 and J-2 categories exchange visitors and their families -- 345,541 in FY 2009• M-1, M-2 and M-3 categories vocational students and families -- 9,507 in FY 2009• NATO 1 through 6 and N7 & N8 categories representatives to and employees of NATO and parents and children of long-term NATO-based residents -- 7,312 and 12 in FY 2009• S-1, S-2 and S-3 categories foreigners assisting in law enforcement activities, and their families -- 0 in FY 2009

Why expand visa eligibility?• Each visa category has a number of specific eligibility

requirements. Under §221(g) of the INA, the petitioner for a visa has the burden to prove to government officials that s(he) meets those requirements. This discourages some potential migrants.

Some possible advantage claims:

end unjustified discrimination increase intercultural awareness boost economic growth & innovation redefine and strengthen families achieve justice for crime victims

Critical Aff Case Structures

A. Visa quota and eligibility procedures are complicitous with racial, ethnic, and gender discrimination

1. Slavery is embedded in immigration policy

2. Ethnic preferences reflect stereotypes

3. Hetero males get eligibility privileges

Critical Aff Case Structures

B. Our relationship to the resolution challenges exclusionary immigration policies

1. Critical resistance can be performed through narratives and ethnographies, metaphorical analysis of personal experience. . .

2. Demands on the state can spur movements

3. Transversal thinking can change ontologies

Family-based visa case structures

A. Current visa quotas and eligibility requirements hurt family integrity

1. Fail to recognize non-traditional families

2. Fail to prioritize best interests of the child

3. Fail to overcome gender discrimination

Family-based visa case structures

B. Family integrity is key to solving social problems

1. Heteronormativity and homophobic violence

2. Child abuse, neglect, and abandonment

3. Patriarchy and gendered violence

Employment-based immigrant visa case structures

A. Current EB visas fail to meet the need for long-term employment in the United States

1. Highly skilled employees

2. Guest workers

3. Sports players and artists

Employment-based immigrant visa case structures

B. Long-term employment visas will benefit the US

1. Economic competitiveness & technological innovation

2. Comprehensive Immigration Reform

3. Artistic, musical, and sport performances are sublime and promote intercultural awareness

Temporary worker nonimmigrant visa case structures

A. Current nonimmigrant fail to meet the need for short-term employment in the United States

1. Highly skilled and guest employees

2. Shortage occupations (doctors & nurses)

3. Cultural exchange performances

Temporary worker nonimmigrant visa case structures

B. Nonimmigrant temporary worker visas benefit the US

1. Increase economic growth and competitiveness2. Increase the quality and lower cost of essential

services, such as health care3. Increase intercultural understanding and improve

international relations

Human trafficking-based visa case structures

A. Current human trafficking visa quotas and eligibility perpetuate the problem

1. T visas impose a law enforcement cooperation requirement

2. T visas place the presumption against the trafficking victim

3. T visas demonize sex workers

Human trafficking-based visa case structures

B. Expanding quotas and eligibility will reduce human trafficking harms

1. Anonymity increases information and reduces stigma

2. Reversing presumptions recognizes power differentials

3. Recognizing sex work as legitimate overcomes oppressive attitudes toward sexuality

Popular case options with topicality questions

1. Reduce admissibility requirements (statutory rape, victimless crimes, vaccinations, polygamy,

2. Increase asylum or refugee visas

3. Create a new class of visas

4. Add rights to government services to visas

5. Reform the removal and deportation process