Politics/Law question: Illegal immigration and the minimum wage?

Question

Is there something inconsistent about instituting "immigration reform" (which will likely include some form of amnesty and/or guest worker program) on the one hand, and raising the minimum wage on the other?

Will guest workers be subject to minimum wage and all other employment laws? If they are, then won't the economic incentive to hire "illegal illegals" rather than guest workers or legal citizens or residents be as strong as ever? Or if there will be some exceptions to the prevailing wage laws, then isn't the whole guest worker program a back-door method to repeal the minimum wage? Or do the illegals - those who "take the jobs Americans won't take" already make minimum, meaning that almost everyone is being paid bove the minimum anyway?

It seems like a contradiction to me to relax immigration policy and raise the minimum wage at the same time. I suppose it makes sense if, after this next amnesty, they promise to REALLY crack down on the border - but get real!

Thoughts?

Answer 1

Federal labor laws that set minimum wages such as Davis Bacon (for government construction projects) and the Fair Labor Standards Act (for most all other businesses subject to federal law) require that employers pay their employees the statutory minimum wage per hour regardless of immigration status. That is to say, if they are doing the work, they get the pay, period.

However, there are exemptions from the minimum wage (in the FLSA, especially) that tend to favor occupations that have a high immigrant population - most notably, agricultural work. However, as noted in another answer, an underground economy is created when payments are made in cash under the table and even though legally those payments are required to be at at least the statutory minimum wage, they rarely are and enforcement is difficult because of the lack of a paper trail or other evidence (people being paid under the table are rarely willing to provide testimony to prove such things are going on).

Guest worker programs are different. Their wages are set by surveys to determine what is "prevailing in the industry" and differ by geographical region. Therefore, guest workers here on H-1B visas working in nursing or computer programming, for instance, are required to be paid what American nurses or computer programmers would be paid. Again, though, agriculture is different - sheep herders here on H-2A visas are normally only paid around $1,000-$1,500 per month for being on duty 24/7. But, that's what is "prevailing in the industry." The irony is that if such a low wage is what is continually paid to such workers, it will ALWAYS be the prevailing wage!

My personal thoughts are that there are plenty of American workers who would benefit from a minimum wage increase. And immigration is a multi-pronged problem. We need to make it more attractive for immigrants to stay and work at making their native countries prosper, and less attractive for US employers to exploit their deplorable native conditions by offering - and getting away with paying - only slightly more to them here. The mentality that illegals somehow don't "deserve" minimum wage because even 50% of the US minimum wage is a fortune compared to similar work in their home countries is like saying it's OK to beat your wife every other day because her first husband beat her every day.

Anyway - hope this helps.

Answer 2

NO. Whether you increase or decrease the minimum wage... illegal immigration will still increase. Also, minimum wage is a mandate by the State, and those who benefit the minimum wage law are mostly LEGAL workers, not ILLEGAL workers. ILLEGAL immigrants cross the border not because they hear it from the news that California just increased the minimum wage. They cross the border for the most compelling reason: to have a better life in general. Minimum wage is on a very small fraction or factor of the whole perspective on the illegal immigration problem. Matter of fact, the most "welcoming" factor are the laws that favor illegal immigrants - for example: If George Bush will sign a law that will provide amnesty to illegal immigrants - then that will definitely lure more and more people to cross the border. Since this administration under George Bush and the Republicans favor (or love) illegal immigrants, then we are in deep trouble when they start making laws to provide a path to citizenship for illegal immigrants. So you ask - a hike in minimum wage affects illegal immigration? Nah... hardly a factor at all. Cheers!

Answer 3

It does seem to be a conflict.If the reason so many illegals are here is for their "cheap labor" if they are given amnesty and paid at least minimum wage .where is the "cheap labor" ? Illegal aliens work for below minimum wages here in Arizona and the majority work for cash so it would not help anyone except the illegal if he now would make minimum wage of $ 7 or $8 per hour

One-third of all foreign-born persons in the U.S. are Mexican. Overall, the number of Mexicans in the U.S. has increased from 760,000 in 1970 to 10.6 million in 2004. Nine percent of all Mexicans now reside in the U.S. Over half of all Mexicans in the U.S. are illegal aliens, and in the last decade 80 to 85 percent of the inflow of Mexicans into the U.S. has been illegal.

The public generally perceives illegals to be unattached single men. This is, in fact, not the case. Some 44 percent of adult illegals are women. While illegal men work slightly more than native-born men, illegal women work less. Among female ille­gals, some 56 percent work, compared to 73 per­cent among native-born women of comparable age As well, Mexican women in the U.S. have a considerably higher fertility rate than women remaining in Mexico.

Illegal aliens with low education levels are likely to be a fiscal drain on other taxpayers. This is important because half of all adult illegal aliens in the U.S. have less than a high school education. In addition, recent illegal aliens have high levels of out-of-wedlock childbearing, which increases welfare costs and poverty.

Answer 4

Many (most) illegals are paid in cash so why should they care...with all the "freebies" they get (paid for by American taxpayers) they can work for much less..... Americans should be so lucky!

Answer 5

http://www.heritage.org/Research/Immigration/bg1936.cfm