7:30 PM, May 3, 2015 • By DANIEL HALPER
In a memo raising concerns about the Trade Promotion Authority (TPA), Alabama senator Jeff Sessions worries that the trade deal would open immigration floodgates.
"There are numerous ways TPA could facilitate immigration increases above current law—and precious few ways anyone in Congress could stop its happening. For instance: language could be included or added into the TPP, as well as any future trade deal submitted for fast-track consideration in the next 6 years, with the clear intent to facilitate or enable the movement of foreign workers and employees into the United States (including intracompany transfers), and there would be no capacity for lawmakers to strike the offending provision. The Administration could also simply act on its own to negotiate foreign worker increases with foreign trading partners without ever advertising those plans to Congress. In 2011, the United States entered into an agreement with South Korea—never brought before Congress—to increase the duration of L-1 visas (a visa that affords no protections for U.S. workers)," reads part of the memo from Sessions's office.
"Every year, tens of thousands of foreign guest workers come to the U.S. as part of past trade deals. However, because there is little transparency, estimating an exact figure is difficult. The plain language of TPA provides avenues for the Administration and its trading partners to facilitate the expanded movement of foreign workers into the U.S.— including visitor visas that are used as worker visas. The TPA reads:
“The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services... Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade."
"This language, and other language in TPA, offers an obvious way for the Administration to expand the number and duration of foreign worker entries under the concept that the movement of foreign workers into U.S. jobs constitutes 'trade in services.'
"Stating that 'TPP contains no change to immigration law' is a semantic rather than a factual argument. Language already present in both TPA and TPP provide the basis for admitting more foreign workers, and for longer periods of time, and language could later be added to TPP or any future trade deal to further increase such admissions.
"The President has already subjected American workers to profound wage loss through executive-ordered foreign worker increases on top of existing record immigration levels. Yet, despite these extraordinary actions, the Administration will casually assert that is has merely modernized, clarified, improved, streamlined, and updated immigration rules. Thus, at any point during the 6-year life of TPA, the Administration could send Congress a trade deal—or issue an executive action subsequent to a trade deal as part of its implementation—that increased foreign worker entry into the U.S., all while claiming it has never changed immigration law.
"The President has circumvented Congress on immigration with serial regularity. But the TPA would yield new power to the executive to alter admissions while subtracting congressional checks against those actions. This runs contrary to our Founders’ belief, as stated in the Constitution, that immigration should be in the hands of Congress. The Supreme Court has consistently held that the Constitution grants Congress plenary authority over immigration policy. For instance, the Court ruled in Galvan v. Press, 347 U.S. 522, 531 (1954), that 'the formulation of policies [pertaining to the entry of immigrants and their right to remain here] is entrusted exclusively to Congress... [This principle] has become about as firmly imbedded in the legislative and judicial issues of our body politic as any aspect of our government.' Granting the President TPA could enable controversial changes or increases to a wide variety of visas—such as the H-1B, B-1, E-1, and L-1—including visas that confer foreign nationals with a pathway to a green card and thus citizenship.
"Future trade deals could also have the possible effect of preventing Congress from reforming abuses in our guest worker programs, as countries could complain that limitations on foreign worker travel constituted a trade barrier requiring adjudication by an international body.
Twenty-five years after communism, Central and Eastern Europe are in trouble. Feb 16, 2015, Vol. 20, No. 22 • By JEFFREY GEDMIN
The ‘complex’ negotiations with Iran.Dec 8, 2014, Vol. 20, No. 13 • By REUEL MARC GERECHT
Predictably, President Barack Obama and Supreme Leader Ali Khamenei have decided to extend again the Joint Plan of Action, the interim nuclear deal they concluded in November 2013. Unlike the last extension, which was for four months, this one is for seven months; the “political” parts of the deal, Secretary of State John Kerry assures us, should be done by March, while further “technical and drafting” details may take until July.
As Germans celebrate reunification, they are reluctant to confront a Russia that is once again seeking to divide the continent Nov 24, 2014, Vol. 20, No. 11 • By JAMES KIRCHICK
No U.S. leadership, no NATO.Sep 15, 2014, Vol. 20, No. 01 • By JOHN R. BOLTON
Vladimir Putin’s efforts to establish hegemony over Ukraine may now have reached a decisive point both for the balance of power in Central and Eastern Europe and for the NATO alliance. Ukrainian president Petro Poroshenko warned on August 30 that Russia’s invasion of his country and extensive aid to pro-Moscow separatists could soon “reach the point of no return,” becoming a generalized conflict. German foreign minister Frank-Walter Steinmeier said that “the situation is increasingly getting out of control.”
Tiananmen Square and truth-telling. Jun 9, 2014, Vol. 19, No. 37 • By DENNIS P. HALPIN
In a March 28 speech at the Körber Foundation in Berlin, China’s president, Xi Jinping, called for historical truth-telling. He had in mind the Rape of Nanking, the massacre carried out by Imperial Japan’s forces in 1937-38 during their occupation of the then-capital of the Chinese Nationalists (the city is now called Nanjing).
Don’t lose sleep over international ‘control’ of the Internet. Mar 31, 2014, Vol. 19, No. 28 • By ARIEL RABKIN and JEREMY RABKIN
The Commerce Department issued a low-key bureaucratic announcement on March 14: The government will not renew its contract with the Internet Corporation for Names and Numbers (ICANN), under which ICANN has administered the Internet’s domain name system since the mid-1990s. U.S. government supervision will be superseded next year, according to the announcement, by new arrangements to “support and enhance the multistakeholder model of Internet policymaking.”
Mar 17, 2014, Vol. 19, No. 26 • By STEPHEN F. HAYES
On February 23, five days before Russia invaded Ukraine, National Security Adviser Susan Rice appeared on Meet the Press and shrugged off suggestions that Russia was preparing any kind of military intervention: “It’s in nobody’s interest to see violence returned and the situation escalate.” A return to a “Cold War construct” isn’t necessary, Rice insisted, because such thinking “is long out of date” and “doesn’t reflect the realities of the 21st century.” Even if Vladimir Putin sees the world this way, Rice argued, it is “not in the United States’ interests” to do so.
Nov 11, 2013, Vol. 19, No. 09 • By ELLIOTT ABRAMS
There’s a Washington think-tank variation on the board game Risk, and here’s how it goes: I give you a short statement about Obama policy in the Middle East, and you have to say who it’s from.
“The Persians are taking over Iraq and Syria and building a nuclear weapon. Are you Americans crazy? You think you will outsmart them in Geneva? They send Islamic Revolutionary Guard Corps and Hezbollah troops to fight in Syria and you do nothing? You draw a red line over chemical weapons and let Putin erase it?”
Forget chess, Turkey is failing at geopolitical checkers. Nov 4, 2013, Vol. 19, No. 08 • By LEE SMITH
A recent spate of newspaper articles suggests a concerted media campaign targeting Turkey’s foreign intelligence service, the MIT, its director, Hakan Fidan, and almost surely his boss as well, Prime Minister Recep Tayyip Erdogan. In a piece published by the Wall Street Journal and another by the Washington Times, Fidan is said to be supporting al Qaeda affiliates in Syria fighting against forces loyal to President Bashar al-Assad.
12:51 PM, Aug 13, 2013 • By JERYL BIER
In a report to the United Nations Committee Against Torture, the Obama administration unequivocally denies the existence of secret detention facilities operated by any part of the U.S. government.
5:20 PM, Jul 3, 2013 • By THOMAS DONNELLY
For the second time in two years, an Egyptian autocrat has been deposed. In Syria, another embattled tyrant – this one robustly supported by Iran, Hezbollah, and Russia – looks like he might hang on. Across the Muslim world, the political future hangs in the balance.
1:53 PM, Dec 17, 2012 • By DANIEL HALPER
The State Department released a statement today expressing deep concern for Syrian airstrikes targeting Palestinians.
11:18 AM, Oct 1, 2012 • By DANIEL HALPER
A pro-America rally is scheduled to be held tomorrow outside the U.S. embassy in Tel Aviv, Israel. The expression of support for America is being organized by Im Tirzu Movement in order to "remind the United States that Israel is America's best friend in the Middle East"