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<v Speaker 1>We simply cannot allow people to pour into the United

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<v Speaker 1>States undetected, undocumented, unchecked.

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<v Speaker 2>And complete the dang fins. This bill that we will

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<v Speaker 2>find today is not a revolutionary bill.

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<v Speaker 1>Have old your bucket where you are.

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<v Speaker 3>We have the facts, and I am, you know, animantly

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<v Speaker 3>against illegal immigrants.

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<v Speaker 2>They're coming in by the thousands, Just unbelievable. All is

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<v Speaker 2>an immorality.

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<v Speaker 1>Who are you rooting for?

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<v Speaker 3>Those masters of the universe are added again, They're not

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<v Speaker 3>sending their best your man, you flowing up.

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<v Speaker 1>Welcome to Parsing Immigration Policy, the podcast of the Center

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<v Speaker 1>for Immigration Studies. My name is Mark Gricorian, executive director

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<v Speaker 1>of the Center, and today we're going to be talking

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<v Speaker 1>about one of the alphabet soup of visas. They start

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<v Speaker 1>with A and I think it for now goes to

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<v Speaker 1>V as in victor. There isn't a W yet, although

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<v Speaker 1>there probably will be. But one we're talking about is

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<v Speaker 1>the J visa. And that's important because it covers a

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<v Speaker 1>whole bunch of different things. Ostensibly, it's for cultural exchange,

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<v Speaker 1>and anybody who's followed immigration long enough knows that that

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<v Speaker 1>kind of term is kind of Orwellian lie, or at

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<v Speaker 1>least an exaggeration because there are some people, there are

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<v Speaker 1>sub categories of this j visa. Some people really are

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<v Speaker 1>coming for cultural exchange or educational exchange purposes, but there's

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<v Speaker 1>a whole lot of people coming basically as foreign workers. Everything.

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<v Speaker 1>Pretty much every visa program turns into a worker program.

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<v Speaker 1>It's kind of like the there's a rule I forget.

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<v Speaker 1>There's several people who have claimed this rule, and that

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<v Speaker 1>is that any organization that isn't explicitly conservative will become

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<v Speaker 1>more liberal over time. Well, I think it's a similar

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<v Speaker 1>thing with visa programs. Any visa program that isn't explicitly

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<v Speaker 1>not for employment will become a foreign worker program over time.

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<v Speaker 1>And so we have in studio our own Jessica Vaughan,

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<v Speaker 1>Director of Policy Studies, who is going to talk about

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<v Speaker 1>what's the story with jay visas. And one of the

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<v Speaker 1>reasons is timely is that many the large parts of

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<v Speaker 1>the Javisa program or programs within the under the JAY

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<v Speaker 1>visa are related to summertime. There's something called summer work travel,

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<v Speaker 1>which she'll talk about. We've did a long, published long

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<v Speaker 1>reports about this a number of years ago. It's also

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<v Speaker 1>a camp counselor's program which is presumably mostly summer related.

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<v Speaker 1>So in a sense, this is the JAVISA is kind

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<v Speaker 1>of a summer visa, though not explicitly or exclusively, And

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<v Speaker 1>so it seemed that it was pretty timely to get

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<v Speaker 1>a kind of overall look at what's going on with javisa. So, Jessica,

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<v Speaker 1>thanks for coming in, and maybe you decide where to start,

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<v Speaker 1>but maybe what are the components of the javisa the

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<v Speaker 1>sub programs under this visa umbrella.

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<v Speaker 2>Hi Mark, Yes, glad to be here. And this is

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<v Speaker 2>another one of those visa programs that was sold to

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<v Speaker 2>US as something a cultural exchange program. But not only

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<v Speaker 2>are these visitors mostly workers, but also few of them

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<v Speaker 2>are meaningful exchanges, which you know, you would think about

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<v Speaker 2>Americans also going overseas, but that only happens in some

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<v Speaker 2>of these programs. And there are about fifteen categories of

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<v Speaker 2>exchange visitor visas, ranging from doctors, o pairs, camp counselors

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<v Speaker 2>to these summer work travel visitors workers who are working

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<v Speaker 2>as lifeguards and scooping ice cream and cleaning hotels and

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<v Speaker 2>so on. There are some that are purely academic short

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<v Speaker 2>term scholars college students participating in a genuine exchange from overseas,

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<v Speaker 2>and then there are plenty of American students who go

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<v Speaker 2>the other direction, or high school students as well, But

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<v Speaker 2>the non work categories only represent twenty percent of the

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<v Speaker 2>total of JAY visas that are given out, at least

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<v Speaker 2>as far as the twenty twenty five numbers go. In

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<v Speaker 2>twenty twenty five, there were two hundred and seventy five

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<v Speaker 2>thousand JAY visas issued, and only twenty percent of them

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<v Speaker 2>were in what we think of as the traditional exchange

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<v Speaker 2>programs like high school fulbright scholars, short term scholars, even

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<v Speaker 2>visiting professors and government visitors are another category, but they're

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<v Speaker 2>all much smaller than the work categories.

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<v Speaker 1>Just the real exchange programs would be just to sort

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<v Speaker 1>of clarify for people like if an American goes to

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<v Speaker 1>Italy for his sophomore year abroad, and some Italians say,

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<v Speaker 1>comes here for his sophomore year, But that's what a

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<v Speaker 1>javisa is kind of supposed to be. And there are

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<v Speaker 1>some people.

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<v Speaker 2>Like that, right, yes, there are some people like that.

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<v Speaker 2>There are some problems in those programs as well, which

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<v Speaker 2>relate back to one of the fundamental problems with the

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<v Speaker 2>entire program, which we can talk about in a little bit.

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<v Speaker 2>But yeah, and it's not an insignificant number of visitors either.

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<v Speaker 2>As I said, two hundred and seventy five thousand people

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<v Speaker 2>coming in under these programs. And the issue here is

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<v Speaker 2>that it is a work visa program, but it is

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<v Speaker 2>run by the State Department, the Bureau of Educational and

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<v Speaker 2>Cultural Affairs, and that director reports to the Undersecretary for

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<v Speaker 2>Public Diplomacy and Public Affairs. So these programs, this visa

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<v Speaker 2>category was invented and sold to the public and to

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<v Speaker 2>Congress as a tool of public diplomacy. This idea that

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<v Speaker 2>I think is pretty controversial that if we just allow

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<v Speaker 2>all these nice foreigners to come here and experience America,

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<v Speaker 2>they're going to love it. They're going to love us,

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<v Speaker 2>They're going to go back home.

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<v Speaker 1>And America right, Well, that's kind of the point. Really. Originally,

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<v Speaker 1>that's the whole reason to have foreign students too, at

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<v Speaker 1>least that's the way you know, jed regular foreign student program.

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<v Speaker 2>But it simply doesn't work that way. It is a

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<v Speaker 2>honestly a lucrative, cheap labor program for the most part,

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<v Speaker 2>and often these experiences are fine. In a lot of

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<v Speaker 2>cases they are exploitative, but someone's making money on it,

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<v Speaker 2>and the people doing that are third parties that the

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<v Speaker 2>organizations that have been a proved by the State Department

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<v Speaker 2>to run these exchange programs. There are more than fifteen

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<v Speaker 2>hundred of them who are approved as quote unquote cultural

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<v Speaker 2>exchange organizations. And they all have these names like the

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<v Speaker 2>Institute for Promoting Global Understanding or you know, the Organization

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<v Speaker 2>for World Peace through Cultural.

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<v Speaker 1>Exchange, did George orwell call your.

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<v Speaker 2>Office right And they're nothing more than glorified staffing companies

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<v Speaker 2>for the most part, at least the ones that run

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<v Speaker 2>the work oriented JVISA programs. And this is part of

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<v Speaker 2>the problem. First of all, these are these programs are

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<v Speaker 2>in the wrong agency you know, State Department should you

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<v Speaker 2>know has no business overseeing these programs. It ought to

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<v Speaker 2>be managed by the Labor Department. But this is the

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<v Speaker 2>other problem is that these sponsors and the State Department

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<v Speaker 2>has basically outsourced all oversight to these companies hu use

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<v Speaker 2>companies who are making big money off of this program

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<v Speaker 2>off of these visas. How does it work? The sponsors

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<v Speaker 2>usually hire recruiters in other countries to find people who

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<v Speaker 2>are willing to pay money thousands of dollars for the

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<v Speaker 2>chance to come and work in the United States, even

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<v Speaker 2>study in the United States. What could go wrong with that, right,

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<v Speaker 2>So then they turn around and offer these workers to

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<v Speaker 2>employers who can pay them pretty much whatever they want.

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<v Speaker 2>They're supposed to house and feed them, but they're not

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<v Speaker 2>usually subject to the kinds of monitoring or wage controls

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<v Speaker 2>that exist, at least theoretically in some of our other

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<v Speaker 2>guest worker programs. And you know, this time sometimes leads

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<v Speaker 2>to exploitation. It's like almost guaranteed to bring exploitation. There's

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<v Speaker 2>only one situation that I know of that has been

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<v Speaker 2>regulated adequately by a state for wages, and that is

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<v Speaker 2>the state of Massachusetts. Because of some horrible cases involving

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<v Speaker 2>pairs and OH pairs are one of the work categories

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<v Speaker 2>under the j VISA program, they passed a state law

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<v Speaker 2>that mandates that OH pairs be paid the state minimum wage.

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<v Speaker 2>And that was very controversial because you know, the placement

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<v Speaker 2>companies who actually have been forced to do a better

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<v Speaker 2>job to screen these people. It used to be that

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<v Speaker 2>almost anybody in some other country could apply as an

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<v Speaker 2>O pair, whether they you know, have any interest in

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<v Speaker 2>caring for children, are any good at it? Now they

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<v Speaker 2>at least have to go through training, and in Massachusetts

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<v Speaker 2>they have to earn minimum wage. So that's a good

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<v Speaker 2>example of how a state is being responsible about it.

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<v Speaker 2>But that's the only state that I know of that

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<v Speaker 2>does that. And I don't think that the state of

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<v Speaker 2>Massachusetts is looking into, for example, the kids work in

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<v Speaker 2>his lifeguards or scoop and ice cream on Cape Cod

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<v Speaker 2>or any of those situations.

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<v Speaker 1>And there's also no labor market test to prevent American

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<v Speaker 1>workers from being displaced or harmed. Right, that's right.

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<v Speaker 2>And a lot of the jobs, particularly under the Summer

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<v Speaker 2>Work Travel program, which is the largest J VISA program

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<v Speaker 2>and it's one hundred and five thousand of these visas

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<v Speaker 2>were given out in twenty twenty five for summer work

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<v Speaker 2>travel in particular.

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<v Speaker 1>And so they're in like resorts basically like you were

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<v Speaker 1>saying Cape Cod, but I mean they're in like beach resorts.

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<v Speaker 1>People often wonder, you know, I'm going to a beach

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<v Speaker 1>resort and there's this bulgarian girl, you know, scooping ice

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<v Speaker 1>cream or whatever it is hotel. Those those are J visa.

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<v Speaker 2>That's exactly right. There's some quote unquote sponsor ie staffing

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<v Speaker 2>company that you know, hired a headhunter to get that

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<v Speaker 2>young woman to pay thousands of dollars to come here

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<v Speaker 2>and hopefully be living in a nice dorm and meeting

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<v Speaker 2>nice people and getting paid, you know, and reasonably working

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<v Speaker 2>reasonable hours. But it doesn't always work out that way.

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<v Speaker 2>And our colleague Jerry Camer wrote about this for years.

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<v Speaker 2>All those stories are on our website. You can even

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<v Speaker 2>read about it in the New York Times, the exploitation

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<v Speaker 2>of j one workers.

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<v Speaker 1>But nothing point was American kids who want summer jobs,

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<v Speaker 1>you know in Ocean City for instance. I think you

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<v Speaker 1>may have worked in summer jobs in Ocean City, Maryland,

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<v Speaker 1>which is on the beach. And Jerry wrote about this.

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<v Speaker 1>A lot a lot of those jobs again, summer you know,

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<v Speaker 1>jobs for college students, teenagers, what have you, would be

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<v Speaker 1>filled in January February before the American kids who maybe

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<v Speaker 1>during spring break would go out there and start lining

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<v Speaker 1>up jobs. Well, it's too bad, jobs are already filled

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<v Speaker 1>by foreign workers.

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<v Speaker 2>That's right. Yeah, worked in an Irish pub on the

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<v Speaker 2>boardwalk in Ocean City for two summers. So these are

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<v Speaker 2>not jobs Americans won't do. These are staffing companies who

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<v Speaker 2>convince employers that they can solve all their recruitment needs

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<v Speaker 2>by bringing in workers from abroad. And by the way,

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<v Speaker 2>even though their name is the Institute for World Peace

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<v Speaker 2>or whatever it is, they're making money off of this

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<v Speaker 2>arrangement sometimes, you know, at the expense of American kids

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<v Speaker 2>not having opportunities and visa workers being abused, and you know,

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<v Speaker 2>when they complain, they don't have any recourse because the

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<v Speaker 2>State Department has totally outsourced oversight to these sponsoring organizations.

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<v Speaker 2>And that is a problem that even when violations occur,

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<v Speaker 2>these staffing companies slash sponsors are almost never barred, never suspended,

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<v Speaker 2>never held accountable for the problems in this program. So

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<v Speaker 2>it's you know, it's sort of at best a cheap

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<v Speaker 2>labor program that does displays Americans, but at worst it

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<v Speaker 2>really can involve human trafficking. Can be a form of

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<v Speaker 2>human trafficking.

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<v Speaker 1>Right.

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<v Speaker 2>Not only that there is a higher than average overstay

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<v Speaker 2>rate in the exchange visitor category that we know, you

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<v Speaker 2>know from the DHS monitoring of overstays that's occurred in

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<v Speaker 2>recent years, and you know some countries have double digit

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<v Speaker 2>overstay rates. We have seen a slight decline in issuance.

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<v Speaker 2>It's not really a significant decline in j visa issuances

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<v Speaker 2>under the Trump administration. The decline is less than ten

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<v Speaker 2>percent from about you know, just over three hundred thousand

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<v Speaker 2>issued in twenty twenty four to about two hundred and

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<v Speaker 2>seventy five thousand in twenty twenty five.

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<v Speaker 1>But that still means a quarter million foreign workers when

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<v Speaker 1>you take out the real exchange people.

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<v Speaker 2>And those declines happen in the scholarly categories. And I

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<v Speaker 2>suspect that it's a result of fewer Chinese being getting

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<v Speaker 2>Jay visas to come here, as you know, and there

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<v Speaker 2>have been some problems with those. There have been these

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<v Speaker 2>cases of Chinese short term scholars who have been caught,

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<v Speaker 2>you know, bringing in monkey brains or taking out you know.

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<v Speaker 1>Espionage, industrial espionage, or stealing secrets.

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<v Speaker 2>Yeah, on American college campuses, no less, but I suspect

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<v Speaker 2>that that's the reason for the decline. The number of

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<v Speaker 2>summer work travel visas has stayed almost exactly the same.

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<v Speaker 1>Interesting.

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<v Speaker 2>Interesting, Yeah, And so there is this high rate of overstays.

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<v Speaker 2>But you know, that's something that really needs to be

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<v Speaker 2>addressed in terms of visa issuances, like and you know,

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<v Speaker 2>countries that with high overstay rates shouldn't be getting these visas,

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<v Speaker 2>and we are seeing a little bit of a decline

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<v Speaker 2>in that in certain situations. But really this is going

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<v Speaker 2>on the way it has always gone on. And in

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<v Speaker 2>my experience and observation, the people who are put in

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<v Speaker 2>charge of this office at the State Apartment, the ECA,

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<v Speaker 2>it's called Educational Cultural Affairs kind of understand their job

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<v Speaker 2>as one of sort of Kumbai, ya feel good, let's

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<v Speaker 2>promote America. And they don't really understand how these programs operate,

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<v Speaker 2>how they're used, and that's a problem. They really need

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<v Speaker 2>to dig down into this a little bit more. It

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<v Speaker 2>usually only happens when there's some kind of scandal.

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<v Speaker 1>Now you may may or may not know this, but

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<v Speaker 1>this is the kind of situation where I would expect

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<v Speaker 1>there's some kind of revolving door where a State Department official.

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<v Speaker 1>It seems like some of them would then move to

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<v Speaker 1>work for these contractors that they've been paying for all

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<v Speaker 1>these years. I mean, this is the kind of you know,

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<v Speaker 1>what is it, one hand washes the other sort of

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<v Speaker 1>revolving door kind of thing.

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<v Speaker 2>There have been people in oversight roles who were career

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<v Speaker 2>Foreign Service officers. I worked with some of them on

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<v Speaker 2>reforms years ago. But usually it is civil service employees,

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<v Speaker 2>you know, which can be a good thing if they

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<v Speaker 2>really take seriously their role in keeping an eye on

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<v Speaker 2>these programs. But historically it just has not worked well.

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<v Speaker 2>I mean, there's just no way. State Department is not

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<v Speaker 2>set up to oversee staffing companies, right exactly, especially fifteen

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<v Speaker 2>hundred of them that are working all over the country.

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<v Speaker 1>Now, they do have to be certified or whatever by

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<v Speaker 1>the stay is a.

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<v Speaker 2>Process, right, yes, But once they get certified again, like

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<v Speaker 2>there's if something goes wrong, there really is no accountability

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<v Speaker 2>that happens. I can't you know. I've tried to find

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<v Speaker 2>an example of a staffing of excuse me, sponsor that

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<v Speaker 2>was barred because of violations, and they can't find one.

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<v Speaker 1>They usually can't do. I mean, the State Department has

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<v Speaker 1>the power.

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<v Speaker 2>To do that, but usually they're just suspended until they

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<v Speaker 2>fix things.

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<v Speaker 1>I see.

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<v Speaker 2>So the sponsor might get rid of some dodgy third

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<v Speaker 2>party that they've allowed to work under their umbrella. But

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<v Speaker 2>it's a very comfortable relationship that they have because this

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<v Speaker 2>is about world peace mart right.

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<v Speaker 1>Right, I understand, yeah.

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<v Speaker 2>Yeah, And I think that's really the key to reforming this.

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<v Speaker 2>I mean, you know, when you think about the kind

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<v Speaker 2>of nightmare scenarios that happen, and there have been many

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<v Speaker 2>of them, it boils down to someone seeing an opportunity

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<v Speaker 2>to make a buck.

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<v Speaker 1>Right.

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<v Speaker 2>The one case I tell people about a lot that

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<v Speaker 2>they're shocked by is this case. And this is how.

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<v Speaker 2>It's not just the summer work travel program. It's also

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<v Speaker 2>some of these academic exchanges. There was a case out

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<v Speaker 2>at Western Iowa Technical Community College, which.

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<v Speaker 1>Is preposterous to begin with, that any community college should

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<v Speaker 1>have any visa access of any kind foreign students to

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<v Speaker 1>any of that stuff. It's ludicrous anyway, Sorry, go ahead.

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<v Speaker 2>So there were dozens, I think it was about three

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<v Speaker 2>dozen from South America who were recruited to come for

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<v Speaker 2>what they were told was a culinary and robotics education program,

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<v Speaker 2>and they literally ended up working long hours in a

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00:18:13.759 --> 00:18:19.799
<v Speaker 2>dog food factory, and the staffing company was garnishing half

296
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<v Speaker 2>their wages for their living expenses in the dorms and

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00:18:24.039 --> 00:18:28.680
<v Speaker 2>their tuition right. And it turned out that the community

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<v Speaker 2>college ended up settling for like eight million dollars to

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00:18:32.079 --> 00:18:35.279
<v Speaker 2>give back to these students. It turned out that the

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<v Speaker 2>person running the staffing company was an employee of the

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<v Speaker 2>community college and a friend of theirs that was being

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00:18:42.839 --> 00:18:45.079
<v Speaker 2>paid to recruit students in South America.

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<v Speaker 1>Unbelievable.

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<v Speaker 2>So explain to me how this is promoting the United

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<v Speaker 2>States of America as a great country and at all

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00:18:55.319 --> 00:19:00.799
<v Speaker 2>enhancing our public diplomacy mission worldwide. It just isn't a.

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00:19:00.680 --> 00:19:02.680
<v Speaker 1>Couple of the other I mean, summer work travel we've

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00:19:02.680 --> 00:19:06.000
<v Speaker 1>talked about, and that's the biggest work program under the

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00:19:06.119 --> 00:19:09.519
<v Speaker 1>JAY visa. But the ones that people might also be

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00:19:09.559 --> 00:19:12.480
<v Speaker 1>more familiar with is the camp counselor's program. Right, there's

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00:19:12.519 --> 00:19:16.920
<v Speaker 1>a separate program to import counselors for summer camps from abroad,

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00:19:16.960 --> 00:19:21.240
<v Speaker 1>because apparently teaching kids how to make little bracelets or

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00:19:21.279 --> 00:19:23.880
<v Speaker 1>whatever it is is a job American two two and

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00:19:23.960 --> 00:19:26.440
<v Speaker 1>also O pairs, which a lot of which more people

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00:19:26.480 --> 00:19:29.440
<v Speaker 1>are going to be familiar with. Anything interesting about those

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00:19:29.480 --> 00:19:31.200
<v Speaker 1>two programs other than the.

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<v Speaker 2>Fact that there, you know, we're still giving out a

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00:19:33.279 --> 00:19:36.559
<v Speaker 2>lot of them. Twenty twenty five, there were thirty two thousand,

319
00:19:36.680 --> 00:19:40.920
<v Speaker 2>four hundred and seventy J one visas issued for camp counselors.

320
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<v Speaker 2>Sure it is absurd, and sixteen thousand, eight hundred and

321
00:19:45.599 --> 00:19:47.279
<v Speaker 2>forty OH pair visas.

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00:19:47.039 --> 00:19:49.359
<v Speaker 1>And the numbers there are interesting because that's a smaller

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00:19:49.359 --> 00:19:53.160
<v Speaker 1>the OH pairs. Obviously it's a smaller number, but OH

324
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<v Speaker 1>pairs are used by a pretty elite layer of society,

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<v Speaker 1>the very kinds of people who either themselves help make

326
00:20:04.440 --> 00:20:09.839
<v Speaker 1>government policy or have the kind of outsized voice like

327
00:20:10.119 --> 00:20:13.599
<v Speaker 1>they're in the same country club as the congressman. And

328
00:20:13.640 --> 00:20:17.000
<v Speaker 1>so it becomes hard to crack down on that kind

329
00:20:17.039 --> 00:20:19.680
<v Speaker 1>of thing because you're going to hear from it from

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<v Speaker 1>your from the wives of your golf buddies, that kind

331
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<v Speaker 1>of thing.

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<v Speaker 2>That is exactly the same with the camp counselors when

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00:20:24.839 --> 00:20:28.200
<v Speaker 2>you think about it. These are camps that are usually

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00:20:28.240 --> 00:20:32.720
<v Speaker 2>in very nice places and have all these nice smiling

335
00:20:33.119 --> 00:20:38.960
<v Speaker 2>people from you know, Bulgaria and Thailand and wherever for

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00:20:39.039 --> 00:20:43.920
<v Speaker 2>this cultural experience at this expensive summer camp. That's how

337
00:20:43.960 --> 00:20:45.640
<v Speaker 2>these programs are perpetuated.

338
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<v Speaker 1>So how much of the specifics of the jvs, of

339
00:20:50.079 --> 00:20:54.240
<v Speaker 1>the particular labor importation programs, how much of those are

340
00:20:54.319 --> 00:20:57.680
<v Speaker 1>set in statue? In other words, is there an actual

341
00:20:57.839 --> 00:21:01.400
<v Speaker 1>law that says there have to be there has to

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00:21:01.400 --> 00:21:03.559
<v Speaker 1>be a camp counselor program, or is that the kind

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00:21:03.599 --> 00:21:07.519
<v Speaker 1>of thing that state departments say developed through regulation and

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00:21:07.559 --> 00:21:08.920
<v Speaker 1>could change through regulation.

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00:21:09.200 --> 00:21:13.240
<v Speaker 2>The State Department has all the discretion to determine these categories,

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00:21:13.279 --> 00:21:15.559
<v Speaker 2>and in fact, they could just decide that we're not

347
00:21:15.599 --> 00:21:18.240
<v Speaker 2>going to have some of these categories at all, right, right,

348
00:21:18.240 --> 00:21:21.200
<v Speaker 2>if somebody had the courage to do that.

349
00:21:21.480 --> 00:21:24.759
<v Speaker 1>It gets back to the country club golf buddies issue.

350
00:21:24.799 --> 00:21:28.559
<v Speaker 2>But so the point is, and I think basically understanding awareness,

351
00:21:28.640 --> 00:21:30.839
<v Speaker 2>Like they're like, oh, that's the full bride program, right,

352
00:21:30.880 --> 00:21:33.680
<v Speaker 2>you know, I mean they just don't understand. So yeah,

353
00:21:33.720 --> 00:21:36.240
<v Speaker 2>this is my understanding is of the law is that

354
00:21:36.279 --> 00:21:39.279
<v Speaker 2>this is totally within the discretion of the State Department

355
00:21:39.559 --> 00:21:42.720
<v Speaker 2>in administer. And there are some programs that they're going

356
00:21:42.799 --> 00:21:45.519
<v Speaker 2>to want to keep, like the government visitor program. That's

357
00:21:45.559 --> 00:21:49.359
<v Speaker 2>when you know, our government sponsors some people to come over,

358
00:21:49.720 --> 00:21:53.279
<v Speaker 2>you know for some kind of interaction or conference, and

359
00:21:53.359 --> 00:21:55.960
<v Speaker 2>you know that's those are good programs. Those are public,

360
00:21:56.119 --> 00:22:00.359
<v Speaker 2>true public diplomacy. But that's not even thirteen hundred people

361
00:22:00.400 --> 00:22:04.519
<v Speaker 2>a year, right, So you could cut this program by

362
00:22:04.559 --> 00:22:09.200
<v Speaker 2>eighty percent and make it an actual public diplomacy program.

363
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<v Speaker 2>But I suppose Congress could direct the State Department or say,

364
00:22:13.160 --> 00:22:15.160
<v Speaker 2>you know, we're only going to fund you to do

365
00:22:15.279 --> 00:22:17.079
<v Speaker 2>these kinds of exchanges.

366
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<v Speaker 1>Well, holding my breath on that, since Congress has trouble

367
00:22:21.119 --> 00:22:23.920
<v Speaker 1>naming post offices, let alone anything else. But the point

368
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<v Speaker 1>is this is something that Secretary Rubio, for instance, could

369
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<v Speaker 1>have his people work on at least rein in if

370
00:22:32.880 --> 00:22:34.319
<v Speaker 1>not get rid of some of these.

371
00:22:34.200 --> 00:22:38.680
<v Speaker 2>Categories to create some oversight right right and meaningful. I mean,

372
00:22:39.240 --> 00:22:42.960
<v Speaker 2>I think that there should be stifferent penalties for sponsors,

373
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<v Speaker 2>and I think also one of the things they could

374
00:22:45.920 --> 00:22:49.079
<v Speaker 2>do very easily is say, if you have any overstays

375
00:22:50.240 --> 00:22:53.240
<v Speaker 2>who came over under the auspices of your sponsored program,

376
00:22:53.599 --> 00:22:56.400
<v Speaker 2>you're not doing it again next year, right right. Some

377
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<v Speaker 2>of the people I know who've worked on the government

378
00:22:58.839 --> 00:23:02.240
<v Speaker 2>run exchange program, and there are people who are getting

379
00:23:02.240 --> 00:23:05.200
<v Speaker 2>the visas who are coming from countries with high overstay rates,

380
00:23:05.920 --> 00:23:08.640
<v Speaker 2>they escort them to the airplane right to make sure

381
00:23:08.640 --> 00:23:11.519
<v Speaker 2>they go home, because they want to preserve that program

382
00:23:11.559 --> 00:23:15.759
<v Speaker 2>for the future. But no such expectation is there for

383
00:23:16.319 --> 00:23:19.680
<v Speaker 2>sponsors in these work j visa programs, and.

384
00:23:19.680 --> 00:23:23.359
<v Speaker 1>There should be and I mean even like look O

385
00:23:23.559 --> 00:23:27.039
<v Speaker 1>pairs for instance. Again the numbers are small, but the

386
00:23:27.160 --> 00:23:30.160
<v Speaker 1>kind of people who are interested in policy are going

387
00:23:30.240 --> 00:23:33.039
<v Speaker 1>to know more about O pairs probably than maybe the

388
00:23:33.079 --> 00:23:36.960
<v Speaker 1>camp counselors of the summer work travel. The pretense is

389
00:23:37.000 --> 00:23:40.799
<v Speaker 1>that there's some kind of cultural exchange going on, whereas

390
00:23:40.880 --> 00:23:45.440
<v Speaker 1>you know, college age girls from some place changing diapers

391
00:23:45.480 --> 00:23:47.160
<v Speaker 1>and they get a day off a week where they

392
00:23:47.160 --> 00:23:48.759
<v Speaker 1>go to the bar, you know what I mean.

393
00:23:48.839 --> 00:23:52.519
<v Speaker 2>And to Americans, it's just.

394
00:23:52.839 --> 00:23:56.079
<v Speaker 1>The whole premise of it is preposterous.

395
00:23:55.920 --> 00:23:58.079
<v Speaker 2>It is. And it's not like again like there are

396
00:23:58.079 --> 00:24:01.279
<v Speaker 2>no Americans who would work, as there are plenty of them,

397
00:24:01.400 --> 00:24:02.279
<v Speaker 2>right yeah.

398
00:24:02.359 --> 00:24:04.799
<v Speaker 1>And the thing is though, and this is and this

399
00:24:04.880 --> 00:24:07.319
<v Speaker 1>is true with the summer work travel for the you know,

400
00:24:07.720 --> 00:24:11.480
<v Speaker 1>resort jobs in the summer, even cam counselors, is that

401
00:24:11.599 --> 00:24:16.680
<v Speaker 1>when this flow of some quarter million foreign workers concentrated

402
00:24:16.680 --> 00:24:20.559
<v Speaker 1>in these areas happens over a number of years, it

403
00:24:20.640 --> 00:24:24.880
<v Speaker 1>distorts the labor market so that when say a O

404
00:24:25.119 --> 00:24:30.319
<v Speaker 1>pair company might otherwise have had a kind of nationwide

405
00:24:30.359 --> 00:24:33.960
<v Speaker 1>recruiting program, well why bother to do that when it's

406
00:24:33.960 --> 00:24:37.160
<v Speaker 1>just so much easier. There's people lining up in Columbia

407
00:24:37.559 --> 00:24:39.720
<v Speaker 1>to go and do it. So let's just take the

408
00:24:39.799 --> 00:24:42.519
<v Speaker 1>kind of path of least resistance and just use the

409
00:24:42.599 --> 00:24:43.720
<v Speaker 1>visa program.

410
00:24:43.440 --> 00:24:46.359
<v Speaker 2>Right, And that's exactly what happens in the J program

411
00:24:46.400 --> 00:24:49.880
<v Speaker 2>summer work travel, just like the other guest worker programs,

412
00:24:49.920 --> 00:24:52.359
<v Speaker 2>whether it's H two B, H two A.

413
00:24:52.359 --> 00:24:54.880
<v Speaker 1>Are there any numerical caps on any of this?

414
00:24:55.119 --> 00:24:55.240
<v Speaker 2>Oh?

415
00:24:55.359 --> 00:24:57.200
<v Speaker 1>No, okay, so it's.

416
00:24:57.039 --> 00:24:59.920
<v Speaker 2>Totally totally unlimited. It's you know, which makes it a

417
00:25:00.079 --> 00:25:00.839
<v Speaker 2>rising that you know.

418
00:25:00.839 --> 00:25:03.480
<v Speaker 1>It's only a coteriated foreign workers.

419
00:25:03.559 --> 00:25:06.359
<v Speaker 2>Yeah, exactly, And summer work travel is only one hundred

420
00:25:06.359 --> 00:25:09.480
<v Speaker 2>and five thousand, So are there maybe it's because there's

421
00:25:09.519 --> 00:25:13.559
<v Speaker 2>only so many people abroad? Will you fork over the

422
00:25:13.599 --> 00:25:14.599
<v Speaker 2>money to the recruiter.

423
00:25:14.640 --> 00:25:17.200
<v Speaker 1>There's seven billion people in the world that probably could

424
00:25:17.200 --> 00:25:19.599
<v Speaker 1>be bigger, and it would get bigger over time if

425
00:25:19.920 --> 00:25:22.559
<v Speaker 1>you know there weren't some kind of oversight or standards. So,

426
00:25:23.759 --> 00:25:26.599
<v Speaker 1>as far as reform goes, are you aware of anything

427
00:25:26.680 --> 00:25:30.839
<v Speaker 1>within state to tighten up on these or are there

428
00:25:30.880 --> 00:25:33.079
<v Speaker 1>any legislative proposals to.

429
00:25:33.079 --> 00:25:36.599
<v Speaker 2>Tighten up No, I'm not aware of anything at the moment.

430
00:25:37.359 --> 00:25:40.480
<v Speaker 2>The State Department, as far as I've seen over decades,

431
00:25:40.680 --> 00:25:43.720
<v Speaker 2>is that they only move to tighten up on it

432
00:25:43.759 --> 00:25:48.480
<v Speaker 2>when there's some scandal, right that emerges as a result.

433
00:25:48.720 --> 00:25:51.119
<v Speaker 1>But even there, you have the same you have a

434
00:25:51.160 --> 00:25:53.920
<v Speaker 1>similar phenomenon to what we've seen over the past couple

435
00:25:53.960 --> 00:25:57.839
<v Speaker 1>of months, where, for instance, ICE or others will crack

436
00:25:57.880 --> 00:26:01.359
<v Speaker 1>down on fraud in some pro cracked on an H

437
00:26:01.400 --> 00:26:07.200
<v Speaker 1>one B fraud or on OPT fraud, but doesn't actually

438
00:26:07.359 --> 00:26:11.400
<v Speaker 1>change the program itself. In other words, if there's I

439
00:26:11.440 --> 00:26:14.240
<v Speaker 1>mean just to pick camp counselors. If there's enough fraud,

440
00:26:14.279 --> 00:26:15.880
<v Speaker 1>I have no idea. If there is or not, or

441
00:26:15.920 --> 00:26:19.599
<v Speaker 1>exploitation or something, then get rid of the thing rather

442
00:26:19.680 --> 00:26:23.359
<v Speaker 1>than make a big show of arresting a couple of

443
00:26:23.359 --> 00:26:27.759
<v Speaker 1>people or maybe debarring a company from participating and then

444
00:26:27.920 --> 00:26:29.799
<v Speaker 1>just its business as usual the next year.

445
00:26:29.960 --> 00:26:33.799
<v Speaker 2>Yes, yeah, that's that's the problem is that nobody wants

446
00:26:33.839 --> 00:26:37.559
<v Speaker 2>to really attack it conceptually. They just always think that

447
00:26:37.599 --> 00:26:41.000
<v Speaker 2>they can fix it through more regulation, when the best

448
00:26:41.039 --> 00:26:42.960
<v Speaker 2>regulation would be not to have it right.

449
00:26:43.000 --> 00:26:46.559
<v Speaker 1>Yeah, and so short of that, which obviously would be

450
00:26:46.559 --> 00:26:49.880
<v Speaker 1>the way to do it, are there some specific concrete things,

451
00:26:50.079 --> 00:26:54.400
<v Speaker 1>you know, two or three things that are realistically achievable

452
00:26:54.839 --> 00:26:57.799
<v Speaker 1>that would at least make this less harmful than it

453
00:26:57.880 --> 00:26:58.599
<v Speaker 1>is already?

454
00:26:59.039 --> 00:27:01.680
<v Speaker 2>The work programs should be turned over to the Labor

455
00:27:01.720 --> 00:27:03.160
<v Speaker 2>Department and given to them.

456
00:27:03.039 --> 00:27:05.720
<v Speaker 1>To regulate, and that could be done right now. There's

457
00:27:05.720 --> 00:27:08.279
<v Speaker 1>a statute doesn't say that it has to be done

458
00:27:08.359 --> 00:27:09.480
<v Speaker 1>by the state department.

459
00:27:10.039 --> 00:27:12.880
<v Speaker 2>Uh, that I'm not sure about. I think there would

460
00:27:12.880 --> 00:27:16.920
<v Speaker 2>have to be change, yes, okay, yes, to do that.

461
00:27:17.279 --> 00:27:19.440
<v Speaker 2>You know, if they feel like, you know, America can't

462
00:27:19.480 --> 00:27:23.559
<v Speaker 2>live without their foreign lifeguards and ice cream scoopers and okay,

463
00:27:23.720 --> 00:27:26.359
<v Speaker 2>Labor department run it like a labor program. There are

464
00:27:26.359 --> 00:27:29.359
<v Speaker 2>penalties for labor violations, and they you know, they know

465
00:27:29.440 --> 00:27:32.640
<v Speaker 2>how to run guestworker programs because that's what it is.

466
00:27:33.240 --> 00:27:35.640
<v Speaker 2>And again, you know, I think there should be deparment

467
00:27:35.880 --> 00:27:39.759
<v Speaker 2>of any sponsor who does not make sure that every

468
00:27:39.799 --> 00:27:44.279
<v Speaker 2>person who comes on a jvisa departs right. And I

469
00:27:44.279 --> 00:27:48.680
<v Speaker 2>think states could get involved also in regulating the employers

470
00:27:49.119 --> 00:27:53.559
<v Speaker 2>who are taking advantage of these programs and the sponsors

471
00:27:53.559 --> 00:27:56.400
<v Speaker 2>that are licensed in their states right to take care

472
00:27:56.440 --> 00:28:00.799
<v Speaker 2>of it. But you know, again, I think it's increasing

473
00:28:00.839 --> 00:28:04.000
<v Speaker 2>awareness of how these programs are actually run that's critical

474
00:28:04.079 --> 00:28:08.640
<v Speaker 2>to getting anybody to take action. There's one other category

475
00:28:08.720 --> 00:28:10.640
<v Speaker 2>of j visas that we haven't talked about, and I

476
00:28:10.640 --> 00:28:13.240
<v Speaker 2>don't want that a lot of people aren't familiar with

477
00:28:13.440 --> 00:28:16.000
<v Speaker 2>how this operates, and that's the what's called the Alien

478
00:28:16.079 --> 00:28:21.480
<v Speaker 2>Physician program. Okay, this one is not a public diplomacy

479
00:28:21.519 --> 00:28:24.759
<v Speaker 2>program in any way. It's really a brain drain program

480
00:28:25.119 --> 00:28:30.119
<v Speaker 2>that allows foreign medical grads to come here on exchange

481
00:28:30.240 --> 00:28:34.839
<v Speaker 2>visas and be placed in what they call underserved.

482
00:28:34.960 --> 00:28:37.119
<v Speaker 1>Areas, rural areas something like that.

483
00:28:37.160 --> 00:28:40.680
<v Speaker 2>To work as doctors and then stay here. And there

484
00:28:40.799 --> 00:28:45.279
<v Speaker 2>were forty six hundred of those given in twenty twenty five.

485
00:28:46.119 --> 00:28:49.000
<v Speaker 2>And you know, we can debate over whether we have

486
00:28:49.000 --> 00:28:53.119
<v Speaker 2>a shortage of doctors and why, but the really insidious

487
00:28:53.119 --> 00:28:58.359
<v Speaker 2>thing about this category is that these foreign doctors actually

488
00:28:59.400 --> 00:29:05.599
<v Speaker 2>are play least first in the annual placement of new

489
00:29:05.960 --> 00:29:10.480
<v Speaker 2>medical school graduates wow into jobs, and you know, they

490
00:29:10.519 --> 00:29:15.480
<v Speaker 2>get their assignments first, and there are literally American medical

491
00:29:15.480 --> 00:29:19.599
<v Speaker 2>school grads who are not able to get jobs right

492
00:29:20.079 --> 00:29:20.799
<v Speaker 2>as a result.

493
00:29:20.880 --> 00:29:24.319
<v Speaker 1>Yeah, there's even an organization Doctors without Jobs right, or

494
00:29:24.359 --> 00:29:29.119
<v Speaker 1>as I call it, and prois that two is a

495
00:29:29.160 --> 00:29:32.839
<v Speaker 1>takeoff on the Doctors without Borders. That's interesting. I forgot

496
00:29:32.839 --> 00:29:35.759
<v Speaker 1>that was under j And there's also isn't there some

497
00:29:35.960 --> 00:29:39.119
<v Speaker 1>issue where they're not allowed to convert to a Green

498
00:29:39.200 --> 00:29:42.160
<v Speaker 1>card while they're here, but they can get a waiver,

499
00:29:42.640 --> 00:29:45.839
<v Speaker 1>and the waivers are like has become kind of the standards,

500
00:29:45.960 --> 00:29:47.319
<v Speaker 1>like everybody gets a waiver.

501
00:29:47.359 --> 00:29:50.039
<v Speaker 2>Right right. There is a section of the law that

502
00:29:50.240 --> 00:29:53.000
<v Speaker 2>says that if you come to the United States on

503
00:29:53.079 --> 00:29:58.559
<v Speaker 2>a jay visa, that you may not return unless you

504
00:29:58.720 --> 00:30:02.759
<v Speaker 2>get a blessing from your home country. But the doctor,

505
00:30:02.960 --> 00:30:05.640
<v Speaker 2>you know that that has there are all these exceptions

506
00:30:05.640 --> 00:30:08.799
<v Speaker 2>to it now and particularly for the doctors that you

507
00:30:08.839 --> 00:30:11.039
<v Speaker 2>know a lot of people are able to avoid that

508
00:30:11.200 --> 00:30:14.119
<v Speaker 2>and end up staying here. In the case of the overstays,

509
00:30:14.119 --> 00:30:18.279
<v Speaker 2>obviously they just stay. They don't care. But that is

510
00:30:18.359 --> 00:30:22.039
<v Speaker 2>something defenders of this program point to as a way

511
00:30:22.039 --> 00:30:23.799
<v Speaker 2>of saying, well, this is not a brain drain. You know,

512
00:30:23.839 --> 00:30:25.799
<v Speaker 2>this is how we make sure they go home, but

513
00:30:26.000 --> 00:30:29.160
<v Speaker 2>it really doesn't work in practice. And I you know, again,

514
00:30:29.240 --> 00:30:32.880
<v Speaker 2>that's something the State Department could look at enforcing more

515
00:30:32.960 --> 00:30:35.079
<v Speaker 2>rigorously than it has.

516
00:30:35.880 --> 00:30:39.079
<v Speaker 1>And good, let's we've hit our half an hour and

517
00:30:39.400 --> 00:30:43.960
<v Speaker 1>just too for people's information, we have a short paper

518
00:30:44.200 --> 00:30:45.960
<v Speaker 1>that's going to be on the website that kind of

519
00:30:46.000 --> 00:30:48.359
<v Speaker 1>gives it's not so much analytical, it's kind of what

520
00:30:48.400 --> 00:30:51.720
<v Speaker 1>are the numbers, what's the current situation, just so people know.

521
00:30:51.759 --> 00:30:54.319
<v Speaker 1>And this really is something that is one of these

522
00:30:54.799 --> 00:30:59.799
<v Speaker 1>guestworker programs like OPT that runs to some degree under

523
00:30:59.799 --> 00:31:01.799
<v Speaker 1>the radar, and actually this is even more under the

524
00:31:01.839 --> 00:31:05.440
<v Speaker 1>radar because at least OPT Optional Practical Training, which is

525
00:31:05.640 --> 00:31:10.920
<v Speaker 1>another Orwellian label, has kind of broken out more into

526
00:31:10.960 --> 00:31:15.119
<v Speaker 1>the public consciousness. Whereas the quarter million foreign workers were

527
00:31:15.160 --> 00:31:19.480
<v Speaker 1>importing every year under various jvs of programs. It's something

528
00:31:19.519 --> 00:31:22.759
<v Speaker 1>that really hasn't broken out into the public and so

529
00:31:23.119 --> 00:31:25.880
<v Speaker 1>hopefully this will bring a little more attention to it,

530
00:31:26.319 --> 00:31:28.880
<v Speaker 1>and I'm confident you will keep your eye on this

531
00:31:29.559 --> 00:31:31.799
<v Speaker 1>in the future. Thanks Jessica for coming in.

532
00:31:31.920 --> 00:31:32.279
<v Speaker 2>Thank you.

533
00:31:32.960 --> 00:31:37.079
<v Speaker 1>That's it for this episode of Parsing Immigration Policy. Thank

534
00:31:37.119 --> 00:31:40.599
<v Speaker 1>you to our guest, thank you to our producer Brian Griffith,

535
00:31:41.000 --> 00:31:43.200
<v Speaker 1>and thanks to all of you for tuning in, and

536
00:31:43.240 --> 00:31:44.680
<v Speaker 1>I hope you'll tune in next week.
