Skip to content

Get Judicial Watch Updates!


Judicial Watch • Kirsanowletter



Page 1: Kirsanowletter


Number of Pages:5

Date Created:August 5, 2014

Date Uploaded to the Library:August 15, 2014

Tags:Kirsanowletter, Amnesty, Illegal Immigration, Obama

File Scanned for Malware

Donate now to keep these documents public!

See Generated Text   ∨

Autogenerated text from PDF

August 2014 
Dear President Obama: write one member the eight-member U.S. Commission Civil Rights and not behalf the Commission whole. has been widely reported the press that you are preparing issue executive order that purports grant legal status and work authorization millions illegal immigrants. write remind you the disastrous effect illegal immigration the employment all Americans, but particularly black Americans. Any grant legal status will serve magnet prospective illegal immigrants and further depress employment opportunities and wages for African-Americans. Given that the labor force participation rate historic low, the unemployment rate 6.2 percent, and there has been precipitous decline household wealth, the timing for such grant legal status could not worse.1 
Public debate has increasingly focused the effect illegal immigration, and low-skilled immigration generally, the employment and wages low-skilled American workers.2 You are undoubtedly familiar with this debate, but will briefly review the data. 2008, the U.S. Commission Civil Rights held briefing regarding the impact illegal immigration the wages and employment opportunities African-Americans.3 The testimony the briefing indicated that illegal immigration disproportionately impacts the wages and employment opportunities African-American men.4 
The briefing witnesses, well-regarded scholars from leading universities and independent groups, were ideologically diverse. All the witnesses acknowledged that illegal immigration has negative impact black employment, both terms employment Anna Bernasek, The Typical Household, Now Worth Third Less, N.Y. Times, July 26, 2014, Press Release, Senator Jeff Sessions, Sessions: Vote for the Reid/Schumer Immigration Plan Vote Against the American Worker (May 14, 2014), 
Illegal immigration the United States recent decades has tended depress both
 wages and employment rates for low-skilled American citizens, disproportionate
 number whom are black men. Expert economic opinions concerning the negative
 effects range from modest significant. Those panelists that found modest effects
 overall nonetheless found significant effects industry sectors such meatpacking and

opportunities and wages. The witnesses differed the extent that impact, but every witness agreed that illegal immigration has discernible negative effect black employment. For example, Professor Gordon Hansons research showed that Immigration accounts for about percent the percentage point decline [from 1960-2000] black employment rates.5 Professor Vernon Briggs writes that illegal immigrants and blacks (who are disproportionately likely low-skilled) often find themselves competition for the same jobs, and the huge number illegal immigrants ensures that there continual surplus low-skilled labor, thus preventing wages from rising.6 Professor Gerald Jayness research found that illegal immigrants had displaced 
U.S. citizens industries that had traditionally employed large numbers African-Americans, such meatpacking.7 
Illegal immigration has disparate impact African-American men because these men are disproportionately represented the low-skilled labor force. The Census Bureau released new report educational attainment after the Commission issued its report. This report, released February 2012, found that 50.9 percent native-born blacks had not continued their education beyond high school.8 The same report found that 
75.5 percent foreign-born Hispanics had not been educated beyond high school, although does not disaggregate foreign-born Hispanics who are legal immigrants from those who are illegal immigrants.9 However, Professor Briggs estimated that illegal immigrants former illegal immigrants who received amnesty constitute third over half the total foreign-born population.10 Foreign-born Hispanics who are the United States illegally are disproportionately male.11 African-Americans who have not pursued education beyond high school are also disproportionately male.12 These poor educational attainment levels usually relegate both African-American men and illegal Id.,at 26. 37, 38-39 31. CAMILLE RYAN JULIE SIEBENS, U.S. CENSUS BUREAU,EDUCATIONAL ATTAINMENT THE UNITED STATES: 2009 (Feb. 2012), available Id. THE IMPACT ILLEGAL IMMIGRATION, supra note 35-36. Peter Skerry, Splitting the Difference Illegal Immigration,NATIONAL AFFAIRS (Winter 2013), (Of the undocumented immigrants over the age currently residing the U.S., there are approximately 5.8 million males, compared 4.2 million females.), available THE IMPACT ILLEGAL IMMIGRATION, supra note 52; see also Anne McDaniel, Thomas DiPrete, Claudia Buchmann Uri Shwed, The Black Gender Gap Educational Attainment: Historical Trends and Racial Comparisons, DEMOGRAPHY 889, 890 (2011) (It well known that black males trail black females range key educational outcomes, including high school graduation, college enrollment, and college completion.), available 

immigrant men the same low-skilled labor market, where they must compete against each other for work.13 
Your proposed executive order will also have negative effect young African-Americans the outset their working lives. Young, low-skilled workers are facing enormous difficulties this economy. recent study from the Brookings Institution found, Only about half high school graduates not enrolled post-secondary education and less than percent high school dropouts worked given month 2011.14 Black teens had the highest labor underutilization rate (defined encompassing the unemployed, the unemployed who desire employment but are not actively looking, and the underemployed) any ethnic group  percent.15 Furthermore, Several variables were negatively associated with teen employment rates given metropolitan area.  [including] the presence immigrants with less than bachelors degree.16 This will affect young people for the rest their lives, those who work during their teenage years have more successful careers than those who did not.17 
Granting legal status millions people who are the United States illegally will continue depress the wages and employment opportunities African-American men and teenagers. also will depress the wages and employment opportunities African-Americas going forward. Since 1986, have seen that granting legal status illegal immigrants, even mere rumors that legal status will granted, increases illegal immigration. Likewise, the evidence indicates that the flood illegal immigrants across our southern border mostly attributable your directive granting temporary legal THE IMPACT ILLEGAL IMMIGRATION, supra note Statement Vernon Briggs, Jr.,at 37. [I]t not everywhere that there likely significant competition between low skilled black workers and illegal immigrant workers, but there are ample circumstances where there  such the large metropolitan labor markets Los Angeles, New York, San Francisco, Chicago, Miami and Washington-Baltimore. Moreover, some the fastest growing immigrant concentrations are now taking place the urban and rural labor markets the states the Southeast  such Georgia, North Carolina and Virginia, which never before were significant immigrant receiving states previous eras mass immigration. Indeed, about percent the nations foreign-born population are now found the states the South  the highest percentage ever for this region. There mounting evidence that many these new immigrants this region are illegal immigrants. Andrew Sum al., The Plummeting Labor Market Fortunes Teens and Young Adults,THE BROOKINGS INSTITUTION, March 2014, available orkforce_Report_FINAL.pdf. Id. Id. 11. Lydia DePillis, The other unemployment crisis: Teenagers are being left out the recovery, Wash. Post,
 May 2014,

status people allegedly brought the United States children. This unsurprising. When you incentivize bad behavior, you get more it. 
The irony that your administrations policies operate cross-purposes. 2013, the EEOC issued guidance regarding the use criminal background checks part prisoner re-entry effort.18 The guidance was premised the fact that African-American males are more likely have criminal record, and therefore, according the EEOC, are more likely harmed the use criminal background checks.19 Yet you are planning issuing executive order that will harm the employment prospects African-American workers now and for years come. one part the executive branch, the EEOC issues misguided policies attempt increase employment opportunities for African-American men, and another part the executive branch, you prepare issue executive order that will decrease employment opportunities and wages for those very same African-American men. 
Additionally, your proposed executive order will have disparate impact the basis national origin. you know, disparate impact theory holds that facially neutral policy can nonetheless constitute unlawful discrimination disproportionately affects particular group. The proposed executive order will just that. will necessarily disproportionately benefit people who are Mexican and Central American, which means that will disproportionately disadvantage other ethnic groups. other contexts, this would considered violation Title VII. 
Lastly, the proposed executive order unfair people who are attempting immigrate legally. The legal immigration process cumbersome, time-consuming, and expensive. took Pablo Pilco, for example, eleven years receive permanent legal status, even though was skilled employee religious television network.20 Even bringing spouse fiance the United States difficult and expensive.21 Through fault their own, people get caught situations where their families cannot sponsor them for green cards.22 Many these people are professionals for whom remaining the country illegally would constitute black mark their record that would harm their future career chances. Most the illegal immigrants who would benefit from your EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ENFORCEMENT GUIDANCE THE CONSIDERATION
 ACT 1964 [hereinafter GUIDANCE] note 16, available See GUIDANCE 8-10. Bryan Lyman, Immigrants find legal paths U.S. long, difficult, USA TODAY, Oct. 24, 2011, Kelsey Harris, These Newlyweds explain why U.S. immigration system needs fixing,THE DAILY SIGNAL,
 July 2014, Brandon Macknofsky, Played the Rules Immigration. Why the U.S. Making Hard for Become Doctor?,THE DAILY SIGNAL, July 28, 2014,

executive order have skills, they lose nothing coming here illegally. Yet your proposed executive order unlikely make the visa process less cumbersome for legal immigrants alleviate visa backlogs. 
For all these reasons, urge you reconsider your proposed executive order. 

 available Id. Finding