When higher education meeting immigration laws

Scott Thomas Immigration battle and its effects on higher education

Though the immigration debate has sparked tempers on both sides, as well as made politicians nervous and talk show hosts boisterous, the effects can be seen anywhere in the United States. One of these areas not examined as frequently is higher education in the United States.

Modern-day American universities often embrace diversity and welcome students and faculty members from different cultural backgrounds.

As Bob Seese, director of the International Office, said in an e-mail interview “In brief, (bringing in international faculty and students) helps Texas State to have a diverse faculty which brings knowledge and viewpoints that help to enrich the teaching and research missions of Texas State.”

Though many people associate the word immigration with day laborers and people who cross the border illegally, many are people who come here legally to fulfill desired services. According to the Migration Policy Institute, the number of Mexican-born professionals, such as those hired by universities, living in the United States has more than doubled since 1995. According to the Texas Tribune, in 2007 the number was estimated at 552,000. The tribune states this is an increase of more than 20 percent annually.

Furthermore, according to the Pew Hispanic Center, the estimated number of Mexican immigrants in the United States in 2008 was about 12.7 million.

Students and faculty members can be more difficult to recruit because of laws dealing with immigration and who can enter the country. An article in the New York times about the effects of immigration laws on private businesses shows how people from other countries with a desired skill set can be fast tracked into the country. It illustrates this point with a programmer hired by Google. However, it also illustrates the technicalities even these immigrants can face, such as bringing in family members. Though this is talking about a private business with international offices, this anecdote is used to illustrate a larger issue — That even when someone has clearance to enter a country there can still be frustrating technicalities and difficulties. Sees said the most frustrating thing about recruiting international faculty members comes from the lengthy processing times required be the United State Customs and Immigration Services. Indeed, according to the US Customs and Immigration Services Web site, to obtain a permanent residence card (most commonly called a green card), one must submit, • Evidence of inspection, admission or parole into the United States • A copy of the approval notice sent by the US Customs and Immigration Services • A job offer letter from an employer • Two color photos taken within 30 days • At least three different types of forms •

Any other evidence establishing eligibility

Or, as Kosaku Narioka, international student at Texas State, put it simply, “There is a lot of paper work to fill out.” He did downplay it by saying “it’s not a huge deal.” Of course, Narioka is here not for a job offer, like faculty, but on a student visa to study. He came to the United State after going to a Japanese University for two years. He has described coming to the United States as positive with little trouble. However, by any standard, the paperwork can be lengthy.

Seese said that Texas State departments look for the most qualified applicants when hiring, whether they live abroad or not. The departments hire the faculty. It’s the job of the International Offices to get them into the country and keep them here. However, even after faculty members are hired, it can be troublesome keeping them in the country. Few stories can illustrate this as well as that of Byounghak Lee, a professor at Texas State’s physics department. He originally came to the United States on a visa. When that expired last Spring, it became illegal for him to work and receive compensation. Lee obtained a green card, which grants him permanent residence status, in July. However, it was months before obtained the card. During that time his inability to be paid caused a financial strain which he now says has been alleviated somewhat by the provost providing back pay.

Lee said he never believed his situation could devolve into being deported back to his native South Korea. However, Seese said in the past 10 years one faculty member has had to leave the country because of immigration status. So, even though a status from a temporary work visa can expire, that does not mean that individual will be deported. However, even in the realm of higher education, it is not unheard of for professionals to have to leave the country after working here.

Lee’s story illustrates how difficult immigration can be on an individual. However, his problem is also connected to groups’ difficulties in dealing with immigration law. Lee’s problems arose because the International Office messed up a deadline, he said. Lee said after talking with other faculty members he learned the office is understaffed and overworked. Lee said he has seen members of the department responsible for hiring international faculty underprepared and ignorant of immigration law.

“They don’t know the procedures,” he said. “People get in trouble because of it.” Lee, like Narioka, said he has enjoyed his time in America and people have “done their best to take care of me.” He also says the university is more aware of the complications of hiring international faculty members.

One of the concerns of the complication arising from legal immigration is it can lead to illegal immigration, as is argued by the Migration Policy Institute. It is unclear how much illegal immigration would be curtailed by loosening standards. However, one thing is clear: it is difficult to enter the country legally.