Look around the thread and notice how little the comments defending these policies have to say about the policies themselves. Instead, what they all have in common is a vague underlying fear of being displaced, or sense that something owed to them is being taken.
This comment is itself a perfect example of what I was talking about.
Nobody feels entitled to a visa. It’s aspirational, like applying to a job. People do it because they want a better life, knowing full well they could be denied, or that it may well be temporary.
But if you believe immigrants could take something from you, like your job or housing, then it makes sense you’d project this idea of entitlement onto them. As if by applying they’re implicitly laying claim to something owed to you, a citizen.
In reality the economy is not a fixed pie and nothing is being taken from you. Immigrants take jobs, but they also spend money, pay taxes, start businesses, and need houses built, all of which leads to more jobs. It’s a positive feedback loop that benefits everyone, and a big part of how America’s economy grew into what it is today.
The program has always "threatened" to displace citizens. That's not new and if that were the only reason motivating people then why wait till now to complain? Frankly I don't care if I'm fairly displaced. That's meritocracy at work.
The reality is the program has been abused and stretched far beyond its intent by corporations in pursuit of cheap (I’d argue slave) labor. You cannot, with a straight face, argue that the spirit of the program is being upheld. Come on. People are upset because they are realizing that they haven't been playing fair--the game's been rigged this whole time. I think that's a very understandable and normal human emotion all things considered.
Fraud is illegal. And when people enrich themselves fraudulently it does tend to feel like something has been taken by someone not entitled to it, yes. That works for both the corporations fraudulently hiring H1B and the fraudulent credentialing rings being operated to supply the labor.
It is sad that good people and valid visa holders are swept up in this. Aim your ire at the fraudsters, not the people trying to enforce the law and fix the problem.
Are you calling for open border with no controls? That's the only way to get meritocracy.
The system is set up so the casino wins. You cannot, with a straight face, argue the odds are in your favor, but there are rules about how the casino works, both formal and informal.
When a casino only investigates cases where someone wins $1 million on the slots, to see if there's a fault in the system, while never investigating all the times that people lose, that's technically within the legal system, but the spirit of gambling is not being upheld, and people get upset. Just ask Katerina Bookman.
The immigration system, with the thumb firmly in favor of the interests of capital, is still based on the expectation of good faith by those running the system, as doing otherwise results in orders of magnitude more rules, or an alternate set of unspoken rules based more on vibes.
"Pausing" is a bad faith breaking of the spirit of the system.
I think what he's saying is if a corporation has a genuine need of some high specialist in a skill, and no American has that skill - then okay, such is life - bring in a foreign worker. But corporations have abused the system to unnecessarily employ immigrant labor in lieu of American, because immigrant workers not only tend to earn well below market wages (which is supposed to be illegal), but also tend to be far more easily coerced and loyal because their visa is dependent upon them staying with their employer.
If true, that interpretation hardly seems relevant given that all immigrant visa applications are paused, with the goal of determining whether immigrants are likely to become dependent on public benefits in the US.
It's not simply a pause on immigration by people applying for a category which requires special expertise.
I didn’t follow your casino allegory. Anyway I happen to agree that “pausing” is inhumane. What I’m trying to communicate is we didn’t get here in a vacuum. There is a real problem and good faith attempts have been made to curtail it by putting pressure via “taxes” on the “interests of capital” abusing H1B. Cooperation would have prevented this.
Like most internet meme phrases, this is both trite and inaccurate. The cruelty is not the point. This administration has decided foreigners are the scapegoat, and wants to get rid of as many as they can. It’s heartless, but cruelty is not the objective.
The ultimate goal might be some political aim and in that sense cruelty is not the ultimate point but what is usually meant by this phrase is that the cruelty is not an unintentional oversight, an unintentional side effect. It is intentional (and there to achieve the ultimate political goal).
Normally I’d agree. For this admin the cruelty does actually look intentional as a deterrent. Making it intentionally turbulent to discourage people from trying in the first place.
Yes cruelty is the point for this admin and its voters. They think it makes them more manly looking. They openly brag about it. They glee in it. They go out of their way to endanger goals just to be cruel.
All of that is in the open, if you listen to what they say and watch what they do.
I mean, anyone who is still defending this administration isn't even trying to have a conversation in good faith.
I have a Republican friend who appreciates the Supreme Court Justices, and then suddenly has zero clue about any news story involving the administration, and shrugs off the war. This despite meticulously following Benghazi hearings when it was someone he wanted to dislike. He would rather Trump be Romney, but he's not going to do anything about it whatsoever.
I blame myself for teasing my Italian friend in college over Silvio Berlusconi, and now I've found myself in the same position :(
Right, the point isn't that "Leave to renew" is some kind of horrible policy. Such bad-fucking-faith on display everywhere.
The point is maybe signal to people that we will soon be pausing all visa renewals so people who trivially have good jobs and good records know they ought to literally just plan on moving out of their apartment rather than have to deal with paying thousands of dollars to have someone else move their shit overseas, just to maybe get their visa renewed right when their shit arrives and they have to do the same thing all over again.
This would literally just helping law-abiding folks follow the law. But no, the cruelty is the point.
> the point isn't that "Leave to renew" is some kind of horrible policy
I mean... "leave to renew" is a horrible policy, it's just one that we've normalized since 9/11. It's incredibly wasteful and disruptive, and serves no purpose. There's no legitimate reason why a long-term residential visa like an H1-B can't be renewed by mail or electronically. I can renew my driver's license by mail, and I'm a hell of a lot more likely to cause serious damage with a car than my foreign coworkers are by continuing to do their jobs well.
The reason the State Department hides behind, by the way, is that domestic offices don't have the ability to take biometric data (fingerprints), which is self-evidently pretextual.
This isn't hard: Just give a notice period if you're going to stop processing visas, so people can sell and ship their shit and break their leases before they go.
Just because temporary isn't indefinite doesn't mean we have to be absolute ghouls about how they leave the country
> The terms were clear, visas are a privilege and not a right or automatic entitlement.
They are. Yet can you tell me why you would need to pause all processing in order to retrain your people? Surely they do training all the time without pausing processing.
Your passport is a right too, you wouldn't mind if they paused that request with no indication of when they might resume? And that's including when you're abroad and lost yours. If that happens to you, you'll happily hold the same position?
United States Code plainly disagrees with you, as do the laws of basically every developed nation in the world. Visas are not a right, by definition.
> Your passport is a right too,
I am a citizen, so this isn't a good faith comparison. Citizens naturally have higher priority than visitors, otherwise what's the purpose of citizenship as a concept at all?
> I am a citizen, so this isn't a good faith comparison.
Oh, you still are. You'll get your passport, we just can't tell you when. That's what's happening here. These people aren't being denied, they're told to wait for an indefinite amount of time.
But basically you're saying that you think this is outrageous if it were you, got it.
I've explicitly stated that visas are not a right - which is the legally-consistent opinion and basic English interpretation of the concept. (If visas were a right, why would denial be a possibility? If denial isn't a possibility, what function do they serve?)
> That's what's happening here. These people aren't being denied, they're told to wait for an indefinite amount of time.
What part of "these people" somehow makes them equivalent in entitlement to a nation's citizens - how is this even a question? Not agreeing that borders, citizenship are concepts generally doesn't make them magically cease to exist.
First, that's not what this is talking about. "Leave to renew" becoming "leave, and you will not be renewed" on a whim is insane, self-destructive cruelty.
But also, it's only been "the policy" since 2004. That's technically "decades", but only just, and it was also introduced for idiotic pretextual reasons. The ostensible reason is that domestic State Department offices don't have the equipment to capture biometric data. Seriously. That's the argument. The law doesn't say "you have to leave to renew", it says "you have to get fingerprinted to renew", and conveniently there's nowhere in the United States that can do that, despite every police station in the country having that equipment at this point.
They come with renewal expectations, assuming the situation hasn't changed. Reserving the right to change the rules unilaterally doesn't make you not an asshole if you actually exercise that right. And government only functions if it's predictable - if it's a random-number generator (outside of processes that are explicitly lotteries), what is anyone supposed to do? Why would anyone engage with it?
In most states, employers have broad rights to fire employees at will, including no reason or "he wore the wrong color shirt". That doesn't mean that if you have a dickhead manager who fires you because he doesn't like the color of your shirt isn't a dickhead, and if you defended that manager I would similarly consider you unfit to participate in civil society.
> They come with renewal expectations, assuming the situation hasn't changed
What? Where is this expectation enumerated? An expiration date is in fact defined. I'm not sure where some legal expectation of guaranteed renewal could arise from.
> unilaterally doesn't make you not an asshole if you actually exercise that right.
"Asshole" is a matter of opinion, and rights aren't actually rights if you aren't ever able to exercise them.
> if you defended that manager I would similarly consider you unfit to participate in civil society.
Why have laws, borders at all by these standards? What's the point?
I have good friends on an H1B. I've got plenty of amazing coworkers and teammates on it as well. At the same time, the program has been wildly abused. We don't need to go into the details I'll assume if you are trying to have a conversation in good faith here then you are well aware that companies abuse the H1B program to import literal indentured servants (to the point of there being covert rings that traffic H1B workers with fake credentials into the country) that ultimately aren't serving even the most remote interests of working class America and really just allowing companies to lower costs while increasing profits so boomers can get rich. We can have nice things until people abuse the system en masse. This isn't a new failure mode.
So what do we do? I don't want good people disrupted. But I also morally disagree with everything the abuse of the H1B program represents. What's the solution? It doesn't seem that crazy to me that "tax the companies so they can't undercut local labor so easily" is a reasonable first pass. But we know how that went.
I can't help but think if instead of shouting across the isle there were some amount of bipartisan accountability and shared understanding on the topic then the previous attempts by this administration to curtail the problem would have been more effective and we wouldn't be at a point where people have to take the gloves off.
Suppose a homeless guy knocks on your door and asks if he can stay in your living room. If you say no, or ask for more information, would it be fair for the homeless guy to say "the cruelty is the point"?
To equate immigrants who have followed due process to a homeless person insisting on staying in a property owner's living room is appalling.
It's understandable for everyone to have varying views on immigration and immigrants, but this sort of rhetoric is a vile, racist and xenophobic dog whistle.
"due process" means in concordance with the law. And the law is drafted and implemented by our elected politicians. As a sovereign country, we're allowed to change our laws and our policies.
The homeless person thought experiment is meant to illustrate the existence of tradeoffs. "The cruelty is the point" is essentially rhetoric meant to demonize political opponents, and sweep under the rug the existence of tradeoffs and differences of opinion.
If immigration is such a good idea, people ought to be able to defend it on the merits, instead of pearl-clutching and playing dishonest rhetorical games.
I'm not exactly sure what is so racist or xenophobic about my thought experiment. Homeless people are people too. I'm tempted to pearl-clutch just like you, and accuse you of denying their humanity. Want me to do it?
It is sufficiently incoherent as to suggest you aren't interested in the serious discussion you are requesting in response. You could better refute this by starting with a policy you would consider cruel, and the in turn demonstrating how this one doesn't fit it.
Historically i've tended to agree that "the cruelty is the point" was too dismissive for the policies in question. But with immigration policy of this admin, I'm not sure that's the case. For a while they were deporting people to the equivalent of a Gulag, and literally suggested that if people were afraid of that outcome they should self deport. I think that would be a pretty fair example of a policy where the cruelty was the literal point: The hope was it would be viewed with sufficient fear as to dissuade people from staying in the country illegally. However seriously you think immigration should be taken, and however many people you feel should be deported, there are policy choices that do not involve that level of cruelty that could be chosen instead. That they are intentionally not is what the term "The cruelty is the point" is meant to imply.
>You could better refute this by starting with a policy you would consider cruel, and the in turn demonstrating how this one doesn't fit it.
I actually don't think it is that common for policy to be cruel just for the sake of being cruel ("the cruelty is the point")
>For a while they were deporting people to the equivalent of a Gulag, and literally suggested that if people were afraid of that outcome they should self deport. I think that would be a pretty fair example of a policy where the cruelty was the literal point: The hope was it would be viewed with sufficient fear as to dissuade people from staying in the country illegally.
The point of law enforcement is to deter and prevent lawbreaking, not be cruel for its own sake. Suppose you observe that meals in prison aren't very tasty. Would you criticize this policy on the grounds that "the cruelty is the point"?
You can argue that the punishment is too harsh, but that still doesn't prove that cruelty was the point.
An immigrant who has followed due process is equivalent to a homeless person who has convinced the property owner to willingly let the homeless person stay in the property owner's living room. The property owner is allowed to change their mind about the arrangement at any point, unless and until the person obtains part ownership of the property (citizenship).
It’s not “cruelty” to have and enforce rules. The words “temporary” and “nonimmigrant” is plastered all over the laws that govern these visas. People shouldn’t have treated them as permanent immigration visas. And employers shouldn’t have mislead employees into thinking these were permanent immigration visas.
It’s like saying that it’s “cruelty” to remove someone who uses a 2 hour parking spot as their permanent car parking.
Rules are well and good, but norms are important too.
An immigration system governs people making major life choices, and companies making large investments.
Legally, there's very little the state can't do, there could be a bill passed tomorrow revoking all immigrant visas. But businesses, and by proxy the nation, benefit from work done by these workers.
Sudden unilateral moves like this are stupid on a social level (cause damage to businesses and communities), and on a moral level. "First do no harm" is a principle just as suited to government as medicine. Even if there is a broad consensus for reducing or eliminating H1B visas, why punish people who followed the system as it exists and contributed? It's perfectly possible to pass a bill, stop handing out new visas, and sunset renewals after some 1-2 year timeframe.
It's legal to invite a bunch of guests over and kick them all out after you open the wine, but you're going to lose friends. And ultimately it will be businesses and individuals paying the cost for these needlessly volatile course changes. Tourism and high skilled immigration rates will face lasting harm.
> Rules are well and good, but norms are important too
Not when the norm is open defiance of the rules for decades.
> An immigration system governs people making major life choices, and companies making large investments.
And it also governs the right of people to decide who they want to invite into their country and, ultimately, with whom they want to share democratic governance of their home. Those are important stakes, not to be minimized. But you neglected to mention them.
Defiance of the rules? What rules exactly? The law does make clear that H1-Bs are temporary workers. But it's also permitted to renew, and workers are allowed to pursue immigrant status. In fact, until 1990 there was specific language saying that H1-B's (like all visitor visas) are not supposed to want to stay, they must maintain a foreign residence "which he has no intention of abandoning". This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
To be clear, while a person who enters the US on an H1-B is a temporary worker, they are not prohibited from also seeking a permanent status. So it's fully within the rules, which is why it becomes a question of norms. In the present, the H1-B is (was?) the most popular route to permanent immigration to the US besides family sponsorship.
I specifically said that the government (and the citizenry by extension) can decide who it wants to enter and stay, how much immigration, whatever. But changing the rules suddenly, upending peoples lives who have not broken any rules, through a pathway the US state itself freely established, is immoral and short sighted.
It should go without saying that there are experts across many fields in industry that any country would benefit from attracting. The US is harming its capacity to attract and keep that talent with these ridiculous theatrics.
> This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
Incorrect. H1B still requires non-immigrant intent. The only thing that was struck was requiring the government to presume non-immigrant intent automatically upon some filing for permanent residency. That was not intended to change the system into a de facto permanent residency pipeline.
> It’s like saying that it’s “cruelty” to remove someone who uses a 2 hour parking spot as their permanent car parking.
That's a very weak analogy for the moral issue here.
The consequences are radically different; losing a parking space is a minor inconvenience; losing immigration status can/does involve relocation and upends employment, family, property, and years of life planning / general stability.
No, people are following the rules and politely asking for a renewal in a different country.
The issue here is that they're not being denied, the government is basically refusing to make a decision for an indefinite amount of time.
I'm assuming most normal cases will get their visas eventually, the question is when. In the meantime the applicant can pay rent in the US, find some place to live abroad and maybe continue working from overseas? All so the state department can retrain a few people?
The moral issue is defined by the nature of the rule, not the stakes for someone who has transgressed. Enforcing the rule doesn’t become less legitimate just because someone has invested more in breaking it.
> Enforcing the rule doesn’t become less legitimate just because someone has invested more in breaking it.
Nobody broke any rules here. These are the people folowwing the rules for the legal immigration system.
You just want to break the law as it stands today and not have an immigration system at all. That's a view you can hold and just as valid as any other. Just stop talking about people breaking rules, that's not what this is about, this has nothing to do with illegal immigration.
Why is that how the moral issue is defined? Seems to me the moral issue is the stakes, and I have no idea why I would cede that judgement to you. What's your basis for claiming moral authority? If you don't, please show your homework: what strange anticonsequentialism underlies your claims, and why should I agree with it?
Consequentialism in general is a third-world mindset. But in this particular context it leads to the absurd result that someone who breaks the rules more egregiously is rewarded for doing so.
In first world countries, we focus on rules over consequences. If you build a dwelling on my property, the rule doesn't reward you for making a house rather than a tent. The moral analysis is based on the nature of the rule, not the consequences to those who break the rule.
Which rules are being broken? It seems to me it is the State department that has suddenly and capriciously begun violating immigration law, rather than processing Visa applications according to the laws of this country. Is it because this administration knows it could never hope to pass a law this terrible?
Then you don't see why stealing $10 is a misdemeanor and stealing $1000 is a felony (depending on jurisdiction, but whatever you get the point). Not saying you should see why, just that many clearly do for it to be public policy.
But it makes me wonder: do you think the $10 theft should be punished more heavily (minimum 1 year in prison), or the $1000 theft punished more lightly (maximum 1 year in prison)?
Do you think the moral issue is the same if someone fails to hold a door for you, or if they shoot you? It’s rude either way, right?
I don’t have words for it, but the US has been infected with some kind of hybrid reductionism / nihilism where people think that vicious bad behavior can be enjoyed and justified, even righteously glorified, if a disingenuous analogy can somehow be crafted to something banal and comparatively harmless.
Nobody actually believes it, but it’s become a game of sorts. I don’t like it.
Are we reading different articles? The headline says immigrant visas. The first paragraph says immigrant visas.
“The Trump administration has paused processing of immigrant visas, which allow recipients to move permanently to the U.S., to train visa officers on new guidance ensuring that applicants have enough financial means to support themselves after they arrive.”
American immigration laws are designed to have a small stream of permanent immigration, both to protect american jobs and to protect american culture from foreign influence. That’s what people voted for over decades. The New York Times did a good podcast on the issue. https://youtu.be/xgDdTV7A57w. If you want to define “xenophobic” to encompass that then that’s your choice. I don't think that's a sensible or useful definition. The concept of "xenophobia" only applies to individuals. It's wrong to assume that somebody will be a certain way because of their nationality. That obviously doesn't translate to immigration, which involves the mass movement of people who do have a distinct culture in the aggregate, and do transplant their culture into the U.S.: https://www.sup.org/books/economics-and-finance/culture-tran...
I know a lot of people that support these cruel and chaotic changes to our immigration laws and they are mostly xenophobic - they don’t like people speaking languages other than English at the store, they don’t like religions different than their own, they don’t like family traditions different than their own.
Xenophobia is about assuming that people are different because of their national origin. It's not "xenophobia" if there are actual differences, especially if there are actual changes to someone's society. Treating all cultural differences as equally desirable is cultural relativism. Not everyone who rejects cultural relativism is xenophobic. You're allowed to prefer your own culture and to live in a society that reflects your culture. The countries that most immigrants come from treat that principle as axiomatic.
You’ve successfully mangled the definition of xenophobia.
“A strong aversion, antipathy, or fear of foreigners.” Simple as.
It wouldn’t be wrong if you admitted that you want some degree of xenophobia. But I suppose that sounds even less convincing than your preferred abuse of terminology.
> “A strong aversion, antipathy, or fear of foreigners.”
Yes, it's antipathy to foreigners in and of themselves. It's antipathy based on the mere fact that someone is a foreigner by stereotyping them based on nationality. Antipathy based on actual cultural differences.
This might seem like an academic point but the support of all xenophobic people for these changes doesn't imply that some non-xenophobes don't support these changes (or ones in the same spirit) as well. I don't know what the relative numbers are, but the support of a negative group for a cause doesn't invalidate the cause.
US immigration can be very slow and bureaucratic (even pre-Trump). I hesitate to say but generally, it's not as arbitrary as people think. If things are clearly above board, it works out.
The US still is a destination in very high-demand. There are a huge number of qualified and unqualified people, who would come here in a heartbeat (and it goes without saying, there are a huge number of people who have no interest in moving here).There are clearly agents like the H-1B body shops who have exploited the system. Similarly, masters programs were launched effectively to trade full tuition for an opportunity to enter the US labor market (e.g. all the masters in financial math programs). This doesn't mean we don't get amazing people on H-1Bs or in masters programs but these pathways have been exploited.
Many people desire a sane immigration policy and experience. One that allows promising candidates into the country. The exact definition of a "promising candidate" was outsourced to universities and companies sponsoring these visas. A lot of people have lost trust in those institutions. I don't know what a good solution is but the rise of these policies is a symptom that the current system is not working.
> This might seem like an academic point but the support of all xenophobic people for these changes doesn't imply that some non-xenophobes don't support these changes (or ones in the same spirit) as well.
Americans aren't "xenophobic." I just got back from two weeks in rural Texas and everyone was super nice to me. Nobody was "afraid" that I'm a foreigner. They just don't want me to bring my entire extended family over and in numbers that changes the culture of their home. And people in my dad's village in Bangladesh would hate if some other group did the same thing to them.
People throwing around “phobia” and “ism” is just a way to obscure what they really mean, which is cultural relativism and erasure of the distinction between citizens and foreigners.
Look around the thread and notice how little the comments defending these policies have to say about the policies themselves. Instead, what they all have in common is a vague underlying fear of being displaced, or sense that something owed to them is being taken.
"Instead, what they all have in common is a vague underlying fear of being displaced, or sense that something owed to them is being taken."
This is true for both the citizens and the immigrants.
This comment is itself a perfect example of what I was talking about.
Nobody feels entitled to a visa. It’s aspirational, like applying to a job. People do it because they want a better life, knowing full well they could be denied, or that it may well be temporary.
But if you believe immigrants could take something from you, like your job or housing, then it makes sense you’d project this idea of entitlement onto them. As if by applying they’re implicitly laying claim to something owed to you, a citizen.
In reality the economy is not a fixed pie and nothing is being taken from you. Immigrants take jobs, but they also spend money, pay taxes, start businesses, and need houses built, all of which leads to more jobs. It’s a positive feedback loop that benefits everyone, and a big part of how America’s economy grew into what it is today.
The immigrants have something very specific and real on the line.
The program has always "threatened" to displace citizens. That's not new and if that were the only reason motivating people then why wait till now to complain? Frankly I don't care if I'm fairly displaced. That's meritocracy at work.
The reality is the program has been abused and stretched far beyond its intent by corporations in pursuit of cheap (I’d argue slave) labor. You cannot, with a straight face, argue that the spirit of the program is being upheld. Come on. People are upset because they are realizing that they haven't been playing fair--the game's been rigged this whole time. I think that's a very understandable and normal human emotion all things considered.
Fraud is illegal. And when people enrich themselves fraudulently it does tend to feel like something has been taken by someone not entitled to it, yes. That works for both the corporations fraudulently hiring H1B and the fraudulent credentialing rings being operated to supply the labor.
It is sad that good people and valid visa holders are swept up in this. Aim your ire at the fraudsters, not the people trying to enforce the law and fix the problem.
Are you calling for open border with no controls? That's the only way to get meritocracy.
The system is set up so the casino wins. You cannot, with a straight face, argue the odds are in your favor, but there are rules about how the casino works, both formal and informal.
When a casino only investigates cases where someone wins $1 million on the slots, to see if there's a fault in the system, while never investigating all the times that people lose, that's technically within the legal system, but the spirit of gambling is not being upheld, and people get upset. Just ask Katerina Bookman.
The immigration system, with the thumb firmly in favor of the interests of capital, is still based on the expectation of good faith by those running the system, as doing otherwise results in orders of magnitude more rules, or an alternate set of unspoken rules based more on vibes.
"Pausing" is a bad faith breaking of the spirit of the system.
I think what he's saying is if a corporation has a genuine need of some high specialist in a skill, and no American has that skill - then okay, such is life - bring in a foreign worker. But corporations have abused the system to unnecessarily employ immigrant labor in lieu of American, because immigrant workers not only tend to earn well below market wages (which is supposed to be illegal), but also tend to be far more easily coerced and loyal because their visa is dependent upon them staying with their employer.
If true, that interpretation hardly seems relevant given that all immigrant visa applications are paused, with the goal of determining whether immigrants are likely to become dependent on public benefits in the US.
It's not simply a pause on immigration by people applying for a category which requires special expertise.
I suggest you read up on how we got here.
I didn’t follow your casino allegory. Anyway I happen to agree that “pausing” is inhumane. What I’m trying to communicate is we didn’t get here in a vacuum. There is a real problem and good faith attempts have been made to curtail it by putting pressure via “taxes” on the “interests of capital” abusing H1B. Cooperation would have prevented this.
Is an un-rigged and meritocratic system possible if there are border controls?
If not, then using words like "rigged" and "meritocratic" as a complaint about the current system can only mean that you want no border controls.
If so, how? Every system I can think of can be rigged, and exclude people who have merit, resulting in a system which favors the rich and powerful.
I disagree.
Like most internet meme phrases, this is both trite and inaccurate. The cruelty is not the point. This administration has decided foreigners are the scapegoat, and wants to get rid of as many as they can. It’s heartless, but cruelty is not the objective.
Using people as a scapegoat so you can parade their suffering for your fans is intentional cruelty.
Cruelty is what their base voted for. This is fan service.
The ultimate goal might be some political aim and in that sense cruelty is not the ultimate point but what is usually meant by this phrase is that the cruelty is not an unintentional oversight, an unintentional side effect. It is intentional (and there to achieve the ultimate political goal).
Normally I’d agree. For this admin the cruelty does actually look intentional as a deterrent. Making it intentionally turbulent to discourage people from trying in the first place.
Yes cruelty is the point for this admin and its voters. They think it makes them more manly looking. They openly brag about it. They glee in it. They go out of their way to endanger goals just to be cruel.
All of that is in the open, if you listen to what they say and watch what they do.
I mean, anyone who is still defending this administration isn't even trying to have a conversation in good faith.
I have a Republican friend who appreciates the Supreme Court Justices, and then suddenly has zero clue about any news story involving the administration, and shrugs off the war. This despite meticulously following Benghazi hearings when it was someone he wanted to dislike. He would rather Trump be Romney, but he's not going to do anything about it whatsoever.
I blame myself for teasing my Italian friend in college over Silvio Berlusconi, and now I've found myself in the same position :(
> defending this administration
"Leave to renew" has been policy for decades.
> isn't even trying to have a conversation in good faith.
What about the sweeping halt of all legal immigrant visa processing?
Right, the point isn't that "Leave to renew" is some kind of horrible policy. Such bad-fucking-faith on display everywhere.
The point is maybe signal to people that we will soon be pausing all visa renewals so people who trivially have good jobs and good records know they ought to literally just plan on moving out of their apartment rather than have to deal with paying thousands of dollars to have someone else move their shit overseas, just to maybe get their visa renewed right when their shit arrives and they have to do the same thing all over again.
This would literally just helping law-abiding folks follow the law. But no, the cruelty is the point.
> the point isn't that "Leave to renew" is some kind of horrible policy
I mean... "leave to renew" is a horrible policy, it's just one that we've normalized since 9/11. It's incredibly wasteful and disruptive, and serves no purpose. There's no legitimate reason why a long-term residential visa like an H1-B can't be renewed by mail or electronically. I can renew my driver's license by mail, and I'm a hell of a lot more likely to cause serious damage with a car than my foreign coworkers are by continuing to do their jobs well.
The reason the State Department hides behind, by the way, is that domestic offices don't have the ability to take biometric data (fingerprints), which is self-evidently pretextual.
Why does "temporary" somehow mean "indefinite" to you?
The terms were clear, visas are a privilege and not a right or automatic entitlement.
Is it "cruel" that temporary visitors don't have the right to vote? Why is residency and permission to work somehow any different?
This isn't hard: Just give a notice period if you're going to stop processing visas, so people can sell and ship their shit and break their leases before they go.
Just because temporary isn't indefinite doesn't mean we have to be absolute ghouls about how they leave the country
> The terms were clear, visas are a privilege and not a right or automatic entitlement.
They are. Yet can you tell me why you would need to pause all processing in order to retrain your people? Surely they do training all the time without pausing processing.
Your passport is a right too, you wouldn't mind if they paused that request with no indication of when they might resume? And that's including when you're abroad and lost yours. If that happens to you, you'll happily hold the same position?
> They are.
United States Code plainly disagrees with you, as do the laws of basically every developed nation in the world. Visas are not a right, by definition.
> Your passport is a right too,
I am a citizen, so this isn't a good faith comparison. Citizens naturally have higher priority than visitors, otherwise what's the purpose of citizenship as a concept at all?
I meant that I agreed that visas are a right.
> I am a citizen, so this isn't a good faith comparison.
Oh, you still are. You'll get your passport, we just can't tell you when. That's what's happening here. These people aren't being denied, they're told to wait for an indefinite amount of time.
But basically you're saying that you think this is outrageous if it were you, got it.
> I meant that I agreed that visas are a right.
I've explicitly stated that visas are not a right - which is the legally-consistent opinion and basic English interpretation of the concept. (If visas were a right, why would denial be a possibility? If denial isn't a possibility, what function do they serve?)
> That's what's happening here. These people aren't being denied, they're told to wait for an indefinite amount of time.
What part of "these people" somehow makes them equivalent in entitlement to a nation's citizens - how is this even a question? Not agreeing that borders, citizenship are concepts generally doesn't make them magically cease to exist.
Do you have anything constructive to say about the merits of the leave to renew policy itself? Or the zero notice halt of visa processing?
Or just vague gesturing about how immigrants aren’t entitled to anything? (but you presumably are!)
You know the answer to this. It’s only going to be anti immigrant dog whistles
They've found their thought-terminating cliche for a particular topic and apply it liberally.
First, that's not what this is talking about. "Leave to renew" becoming "leave, and you will not be renewed" on a whim is insane, self-destructive cruelty.
But also, it's only been "the policy" since 2004. That's technically "decades", but only just, and it was also introduced for idiotic pretextual reasons. The ostensible reason is that domestic State Department offices don't have the equipment to capture biometric data. Seriously. That's the argument. The law doesn't say "you have to leave to renew", it says "you have to get fingerprinted to renew", and conveniently there's nowhere in the United States that can do that, despite every police station in the country having that equipment at this point.
> "Leave to renew" becoming "leave, permanently" is insane, self-destructive cruelty.
Which visas legally come with renewal guarantees? Isn't that called permanent residency?
They come with renewal expectations, assuming the situation hasn't changed. Reserving the right to change the rules unilaterally doesn't make you not an asshole if you actually exercise that right. And government only functions if it's predictable - if it's a random-number generator (outside of processes that are explicitly lotteries), what is anyone supposed to do? Why would anyone engage with it?
In most states, employers have broad rights to fire employees at will, including no reason or "he wore the wrong color shirt". That doesn't mean that if you have a dickhead manager who fires you because he doesn't like the color of your shirt isn't a dickhead, and if you defended that manager I would similarly consider you unfit to participate in civil society.
> They come with renewal expectations, assuming the situation hasn't changed
What? Where is this expectation enumerated? An expiration date is in fact defined. I'm not sure where some legal expectation of guaranteed renewal could arise from.
> unilaterally doesn't make you not an asshole if you actually exercise that right.
"Asshole" is a matter of opinion, and rights aren't actually rights if you aren't ever able to exercise them.
> if you defended that manager I would similarly consider you unfit to participate in civil society.
Why have laws, borders at all by these standards? What's the point?
> Where is this expectation enumerated?
Literally in the phrase "immigrant visa". An immigrant visa is definitionally a visa intended for someone to immigrate with.
yes, I remember making fun of my british friends for brexit, and then ...
I have good friends on an H1B. I've got plenty of amazing coworkers and teammates on it as well. At the same time, the program has been wildly abused. We don't need to go into the details I'll assume if you are trying to have a conversation in good faith here then you are well aware that companies abuse the H1B program to import literal indentured servants (to the point of there being covert rings that traffic H1B workers with fake credentials into the country) that ultimately aren't serving even the most remote interests of working class America and really just allowing companies to lower costs while increasing profits so boomers can get rich. We can have nice things until people abuse the system en masse. This isn't a new failure mode.
So what do we do? I don't want good people disrupted. But I also morally disagree with everything the abuse of the H1B program represents. What's the solution? It doesn't seem that crazy to me that "tax the companies so they can't undercut local labor so easily" is a reasonable first pass. But we know how that went.
I can't help but think if instead of shouting across the isle there were some amount of bipartisan accountability and shared understanding on the topic then the previous attempts by this administration to curtail the problem would have been more effective and we wouldn't be at a point where people have to take the gloves off.
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Suppose a homeless guy knocks on your door and asks if he can stay in your living room. If you say no, or ask for more information, would it be fair for the homeless guy to say "the cruelty is the point"?
Tradeoffs exist.
To equate immigrants who have followed due process to a homeless person insisting on staying in a property owner's living room is appalling.
It's understandable for everyone to have varying views on immigration and immigrants, but this sort of rhetoric is a vile, racist and xenophobic dog whistle.
"due process" means in concordance with the law. And the law is drafted and implemented by our elected politicians. As a sovereign country, we're allowed to change our laws and our policies.
The homeless person thought experiment is meant to illustrate the existence of tradeoffs. "The cruelty is the point" is essentially rhetoric meant to demonize political opponents, and sweep under the rug the existence of tradeoffs and differences of opinion.
If immigration is such a good idea, people ought to be able to defend it on the merits, instead of pearl-clutching and playing dishonest rhetorical games.
I'm not exactly sure what is so racist or xenophobic about my thought experiment. Homeless people are people too. I'm tempted to pearl-clutch just like you, and accuse you of denying their humanity. Want me to do it?
It is sufficiently incoherent as to suggest you aren't interested in the serious discussion you are requesting in response. You could better refute this by starting with a policy you would consider cruel, and the in turn demonstrating how this one doesn't fit it.
Historically i've tended to agree that "the cruelty is the point" was too dismissive for the policies in question. But with immigration policy of this admin, I'm not sure that's the case. For a while they were deporting people to the equivalent of a Gulag, and literally suggested that if people were afraid of that outcome they should self deport. I think that would be a pretty fair example of a policy where the cruelty was the literal point: The hope was it would be viewed with sufficient fear as to dissuade people from staying in the country illegally. However seriously you think immigration should be taken, and however many people you feel should be deported, there are policy choices that do not involve that level of cruelty that could be chosen instead. That they are intentionally not is what the term "The cruelty is the point" is meant to imply.
>You could better refute this by starting with a policy you would consider cruel, and the in turn demonstrating how this one doesn't fit it.
I actually don't think it is that common for policy to be cruel just for the sake of being cruel ("the cruelty is the point")
>For a while they were deporting people to the equivalent of a Gulag, and literally suggested that if people were afraid of that outcome they should self deport. I think that would be a pretty fair example of a policy where the cruelty was the literal point: The hope was it would be viewed with sufficient fear as to dissuade people from staying in the country illegally.
The point of law enforcement is to deter and prevent lawbreaking, not be cruel for its own sake. Suppose you observe that meals in prison aren't very tasty. Would you criticize this policy on the grounds that "the cruelty is the point"?
You can argue that the punishment is too harsh, but that still doesn't prove that cruelty was the point.
Nobody is buying the analogy comparing deportation to Gulag equivalents to imperfect prison meals
An immigrant who has followed due process is equivalent to a homeless person who has convinced the property owner to willingly let the homeless person stay in the property owner's living room. The property owner is allowed to change their mind about the arrangement at any point, unless and until the person obtains part ownership of the property (citizenship).
The property owner in this case is the American people, who I'm pretty sure don't support this.
They may have hired a property manager, but if the manager goes rogue, what the owners say is more important.
OK but that's a much different argument from "the cruelty is the point".
The legal perspective doesn't preclude that the cruelty is the point.
Consider the possibility that people might simply have different views from you.
It’s not “cruelty” to have and enforce rules. The words “temporary” and “nonimmigrant” is plastered all over the laws that govern these visas. People shouldn’t have treated them as permanent immigration visas. And employers shouldn’t have mislead employees into thinking these were permanent immigration visas.
It’s like saying that it’s “cruelty” to remove someone who uses a 2 hour parking spot as their permanent car parking.
Rules are well and good, but norms are important too. An immigration system governs people making major life choices, and companies making large investments.
Legally, there's very little the state can't do, there could be a bill passed tomorrow revoking all immigrant visas. But businesses, and by proxy the nation, benefit from work done by these workers.
Sudden unilateral moves like this are stupid on a social level (cause damage to businesses and communities), and on a moral level. "First do no harm" is a principle just as suited to government as medicine. Even if there is a broad consensus for reducing or eliminating H1B visas, why punish people who followed the system as it exists and contributed? It's perfectly possible to pass a bill, stop handing out new visas, and sunset renewals after some 1-2 year timeframe.
It's legal to invite a bunch of guests over and kick them all out after you open the wine, but you're going to lose friends. And ultimately it will be businesses and individuals paying the cost for these needlessly volatile course changes. Tourism and high skilled immigration rates will face lasting harm.
> Rules are well and good, but norms are important too
Not when the norm is open defiance of the rules for decades.
> An immigration system governs people making major life choices, and companies making large investments.
And it also governs the right of people to decide who they want to invite into their country and, ultimately, with whom they want to share democratic governance of their home. Those are important stakes, not to be minimized. But you neglected to mention them.
Defiance of the rules? What rules exactly? The law does make clear that H1-Bs are temporary workers. But it's also permitted to renew, and workers are allowed to pursue immigrant status. In fact, until 1990 there was specific language saying that H1-B's (like all visitor visas) are not supposed to want to stay, they must maintain a foreign residence "which he has no intention of abandoning". This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
To be clear, while a person who enters the US on an H1-B is a temporary worker, they are not prohibited from also seeking a permanent status. So it's fully within the rules, which is why it becomes a question of norms. In the present, the H1-B is (was?) the most popular route to permanent immigration to the US besides family sponsorship.
I specifically said that the government (and the citizenry by extension) can decide who it wants to enter and stay, how much immigration, whatever. But changing the rules suddenly, upending peoples lives who have not broken any rules, through a pathway the US state itself freely established, is immoral and short sighted.
It should go without saying that there are experts across many fields in industry that any country would benefit from attracting. The US is harming its capacity to attract and keep that talent with these ridiculous theatrics.
> This language was struck and the visas became, and still are, the most common defacto "seeking green card" status for workers seeking to move the US.
Incorrect. H1B still requires non-immigrant intent. The only thing that was struck was requiring the government to presume non-immigrant intent automatically upon some filing for permanent residency. That was not intended to change the system into a de facto permanent residency pipeline.
> It’s like saying that it’s “cruelty” to remove someone who uses a 2 hour parking spot as their permanent car parking.
That's a very weak analogy for the moral issue here.
The consequences are radically different; losing a parking space is a minor inconvenience; losing immigration status can/does involve relocation and upends employment, family, property, and years of life planning / general stability.
The moral issue is the same in both cases: there’s a big sign that says “temporary.” People have chosen to ignore the sign.
No, people are following the rules and politely asking for a renewal in a different country.
The issue here is that they're not being denied, the government is basically refusing to make a decision for an indefinite amount of time.
I'm assuming most normal cases will get their visas eventually, the question is when. In the meantime the applicant can pay rent in the US, find some place to live abroad and maybe continue working from overseas? All so the state department can retrain a few people?
> The moral issue is the same in both cases: there’s a big sign that says “temporary.” People have chosen to ignore the sign.
No. Your analogy works well solely for the concept of temporary authorization.
If you're offering up 2h parking as proof that the moral stakes are equivalent...
The moral issue is defined by the nature of the rule, not the stakes for someone who has transgressed. Enforcing the rule doesn’t become less legitimate just because someone has invested more in breaking it.
> Enforcing the rule doesn’t become less legitimate just because someone has invested more in breaking it.
Nobody broke any rules here. These are the people folowwing the rules for the legal immigration system.
You just want to break the law as it stands today and not have an immigration system at all. That's a view you can hold and just as valid as any other. Just stop talking about people breaking rules, that's not what this is about, this has nothing to do with illegal immigration.
Why is that how the moral issue is defined? Seems to me the moral issue is the stakes, and I have no idea why I would cede that judgement to you. What's your basis for claiming moral authority? If you don't, please show your homework: what strange anticonsequentialism underlies your claims, and why should I agree with it?
Consequentialism in general is a third-world mindset. But in this particular context it leads to the absurd result that someone who breaks the rules more egregiously is rewarded for doing so.
Those sure are words. Can you relate them to the question in some way?
In first world countries, we focus on rules over consequences. If you build a dwelling on my property, the rule doesn't reward you for making a house rather than a tent. The moral analysis is based on the nature of the rule, not the consequences to those who break the rule.
> Consequentialism in general is a third-world mindset.
Ah, this must be why so many utilitarian philosophers are European and American.
Which rules are being broken? It seems to me it is the State department that has suddenly and capriciously begun violating immigration law, rather than processing Visa applications according to the laws of this country. Is it because this administration knows it could never hope to pass a law this terrible?
The principle is the same; the magnitude is different. I don't see why adjusting the magnitude should affect the principle.
Then you don't see why stealing $10 is a misdemeanor and stealing $1000 is a felony (depending on jurisdiction, but whatever you get the point). Not saying you should see why, just that many clearly do for it to be public policy.
But it makes me wonder: do you think the $10 theft should be punished more heavily (minimum 1 year in prison), or the $1000 theft punished more lightly (maximum 1 year in prison)?
>you don't see why stealing $10 is a misdemeanor and stealing $1000 is a felony (depending on jurisdiction, but whatever you get the point).
A shift in magnitude follows a shift in magnitude, as expected.
Do you think the moral issue is the same if someone fails to hold a door for you, or if they shoot you? It’s rude either way, right?
I don’t have words for it, but the US has been infected with some kind of hybrid reductionism / nihilism where people think that vicious bad behavior can be enjoyed and justified, even righteously glorified, if a disingenuous analogy can somehow be crafted to something banal and comparatively harmless.
Nobody actually believes it, but it’s become a game of sorts. I don’t like it.
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This entire article is about immigrant visas.
No it’s about B-1 and B-2 visas:
> The State Department and Department of Homeland Security are reviewing all B-1 business and B-2 tourist visas, he said.
https://www.uscis.gov/working-in-the-united-states/temporary... (“B-1 Temporary Business Visitor”)
The very first sentence of the article begins "The Trump administration has paused processing of immigrant visas..."
Are we reading different articles? The headline says immigrant visas. The first paragraph says immigrant visas.
“The Trump administration has paused processing of immigrant visas, which allow recipients to move permanently to the U.S., to train visa officers on new guidance ensuring that applicants have enough financial means to support themselves after they arrive.”
Suspicious given the xenophobic nationalist government the US has in place. "But we're just following the rules!" innocent look
American immigration laws are designed to have a small stream of permanent immigration, both to protect american jobs and to protect american culture from foreign influence. That’s what people voted for over decades. The New York Times did a good podcast on the issue. https://youtu.be/xgDdTV7A57w. If you want to define “xenophobic” to encompass that then that’s your choice. I don't think that's a sensible or useful definition. The concept of "xenophobia" only applies to individuals. It's wrong to assume that somebody will be a certain way because of their nationality. That obviously doesn't translate to immigration, which involves the mass movement of people who do have a distinct culture in the aggregate, and do transplant their culture into the U.S.: https://www.sup.org/books/economics-and-finance/culture-tran...
I know a lot of people that support these cruel and chaotic changes to our immigration laws and they are mostly xenophobic - they don’t like people speaking languages other than English at the store, they don’t like religions different than their own, they don’t like family traditions different than their own.
Xenophobia is about assuming that people are different because of their national origin. It's not "xenophobia" if there are actual differences, especially if there are actual changes to someone's society. Treating all cultural differences as equally desirable is cultural relativism. Not everyone who rejects cultural relativism is xenophobic. You're allowed to prefer your own culture and to live in a society that reflects your culture. The countries that most immigrants come from treat that principle as axiomatic.
You’ve successfully mangled the definition of xenophobia.
“A strong aversion, antipathy, or fear of foreigners.” Simple as.
It wouldn’t be wrong if you admitted that you want some degree of xenophobia. But I suppose that sounds even less convincing than your preferred abuse of terminology.
> “A strong aversion, antipathy, or fear of foreigners.”
Yes, it's antipathy to foreigners in and of themselves. It's antipathy based on the mere fact that someone is a foreigner by stereotyping them based on nationality. Antipathy based on actual cultural differences.
This might seem like an academic point but the support of all xenophobic people for these changes doesn't imply that some non-xenophobes don't support these changes (or ones in the same spirit) as well. I don't know what the relative numbers are, but the support of a negative group for a cause doesn't invalidate the cause.
US immigration can be very slow and bureaucratic (even pre-Trump). I hesitate to say but generally, it's not as arbitrary as people think. If things are clearly above board, it works out.
The US still is a destination in very high-demand. There are a huge number of qualified and unqualified people, who would come here in a heartbeat (and it goes without saying, there are a huge number of people who have no interest in moving here).There are clearly agents like the H-1B body shops who have exploited the system. Similarly, masters programs were launched effectively to trade full tuition for an opportunity to enter the US labor market (e.g. all the masters in financial math programs). This doesn't mean we don't get amazing people on H-1Bs or in masters programs but these pathways have been exploited.
Many people desire a sane immigration policy and experience. One that allows promising candidates into the country. The exact definition of a "promising candidate" was outsourced to universities and companies sponsoring these visas. A lot of people have lost trust in those institutions. I don't know what a good solution is but the rise of these policies is a symptom that the current system is not working.
> This might seem like an academic point but the support of all xenophobic people for these changes doesn't imply that some non-xenophobes don't support these changes (or ones in the same spirit) as well.
Americans aren't "xenophobic." I just got back from two weeks in rural Texas and everyone was super nice to me. Nobody was "afraid" that I'm a foreigner. They just don't want me to bring my entire extended family over and in numbers that changes the culture of their home. And people in my dad's village in Bangladesh would hate if some other group did the same thing to them.
People throwing around “phobia” and “ism” is just a way to obscure what they really mean, which is cultural relativism and erasure of the distinction between citizens and foreigners.