Crack And Patches: A Contractor’s Guide To Understanding Trump’s Immigration Plans

Disclaimer: As I write this post, we are less than 48 hours post Trump’s latest Twit-Storm about an imaginary wiretap of Trump Towers.  We are also four hours from the unveiling of his latest project – the New and Improved Travel Ban.

As a General Practice Law firm who often represents contractors, Trump’s Immigration policy is becoming eerily like a construction defect case. His policy of enforcement is structurally defective because he is trying to pour concrete while at the same time he is in the process of demolition.  So while Trump does his splashy round-ups of undocumented aliens for deportation, he has no policy to stop the spring flow of immigrants coming across to work in agriculture, construction or hospitality.  The patch is to deport people; the fix would be to streamline the processing of legal, short term employment visa’s that would assist domestic business and expand the economy. It would also encourage return migration with the promise of reasonable entry for the following season. This would mean immigrants wouldn’t be crossing the border or feeling trapped in the country after the seasonal work ends.  A positive byproduct an effective short-term visa program, would be economic support for countries like El Salvador, Honduras, and Guatemala.  It would be a win-win in economic sectors that do not pay the cost of living for American workers and who must keep inflation down for middle-America.  Another patch to a broken immigration structure, is to terminate premium processing of H-1B visas, which will create administrative chaos for applicants and employers who are moving from a University research departments to private facilities.  The crack is that the wait time for permanent resident applications have become almost current.  A current visa processing system is good, but in Trump World it would be viewed as a crack in the wall.  The practical effect means that it may be easier to make a permanent foreign hire than short term one.

Another patch is to lock-up refugees seeking asylum; the crack is that his global foreign policy agenda will create more refugees by cutting the State Department budget, foreign aid programs, and inflaming already war-torn conflict areas with more military intervention.  At some point, the United States public, as well as the European Union will connect the dot – not dots – between engaged and fair economic foreign policy and the Immigration crisis that they decry and feeds the angst of duped Nationalists.  If the stated goal is to stop global migration and keep populations homogenous – a bad idea for economic and societal growth – then stop the demand for Immigration.

Trump’s Immigration policy has all the hallmarks of a construction project that is destined to be structurally defective, lead to endless litigation, and ultimately fail for lack of planning and poor execution.



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