New York Times: “Japan Limited Immigration; Now It’s Short of Workers”

Japan’s strict stance on immigration—it has very little illegal immigration and is officially closed for those seeking low-skill labor—has led to worker shortages in many industries. Similar to the United States and other developed countries, Japan has had a difficult time finding workers for low-skill and low-wage jobs in the food, manufacturing, healthcare, and restaurant industries, and these labor shortages have helped put a brake on economic growth:

That is prompting Japan to question some fundamental assumptions about its labor needs. The debate is politically delicate, but changing realities on the ground—in Japan’s factories and fields—are forcing politicians to catch up. Japan’s total foreign-born labor force topped one million for the first time last year, according to the government, lifted in part by people entering the country on visas reserved for technical trainees.

While the government has incredibly strict immigration policies, lawmakers created immigration loopholes, most notably a “trainee” program, to allow hundreds of thousands of low-wage workers from such countries as China, Vietnam, the Philippines, and Cambodia, fill empty jobs. As the Japanese population shrinks, in the last five years the trainee program has doubled in size, to over 200,000, according to official data, and there are plans to expand it. The “trainee” designation is not entirely accurate, since apart from a short period of language study, most trainees “receive little or no instruction that would distinguish them from regular manual laborers,” specialists and participants say. “The system is like calling a crow white,” Yoshio Kimura, a member of Parliament from the governing Liberal Democratic Party who heads the party’s labor committee, tells the New York Times. “What we’re really doing is importing labor.”

Because of decades of low birthrates, the number of working-age Japanese has been falling since the mid-1990s. Official census figures confirmed recently that Japan’s population shrank by nearly a million during the last half-decade. Nationwide unemployment is at three percent. The situation is serious in some industries with three to four positions open in nursing care and construction for every person who applies, according to government surveys.

Despite its popularity and critical function it plays because of the declining population, the trainee program is full of abuse. Nobuya Takai, a lawyer who has represented foreign trainees in labor disputes, explains that since companies do not hire the trainees directly, but through a myriad of government and private-sector middlemen, most trainees end up thousands of dollars in debt to pay broker fees before they even arrive. Moreover, since trainees cannot easily switch jobs, they do not have the option to leave a bad or abusive employer. “They can’t change jobs, and they lose money if they go home,” Takai says. Complaints about unpaid labor are common. Liu Hongmei, a Chinese worker, quit her Shanghai clothing factory job because she was promised wages three times her $430-per-month Chinese wage. “It seemed like a big opportunity,” she says. She arrived in Japan in debt after paying brokers $7,000 to arrange her visa, and found difficult working conditions and lower-than-promised pay. Her bosses, she says, “treat us like slaves.” In 2011, an American State Department report on human trafficking indicated the trainee program had inadequate protections against “debt bondage” and other abuses.

Some argue that Japan’s anti-immigrant stance and worker shortage problems may be a warning for other developed countries as they make possible changes to immigration policy. Present Trump campaigned on calls for a crackdown on undocumented  immigrants, saying they “compete directly against vulnerable American workers.” He also promised to cut back legal immigration with new controls to “boost wages and ensure open jobs are offered to American workers first,” although a study last year found, with few caveats, that immigrants do not take Americans’ jobs and in many cases create jobs.

Japanese parliament has approved the creation of a new agency to oversee the trainee program last year, in response to criticism over worker abuse. Additionally lawmakers plan to bring in more workers, and allow more kinds of businesses to hire them, including nursing homes and cleaning companies for offices and hotels. Kimura and some other lawmakers want to establish a formal guest worker system, though it would still not open a path to permanent stays. “If we want economic growth in the future, we need foreigners,” Kimura says.

AP: “Obama ends visa-free path for Cubans who make it to US soil”

President Barack Obama announced last Thursday that he is ending a longstanding US immigration policy allowing Cubans who arrive in the US to stay and become legal residents. The change for this policy, commonly referred to as the "wet foot, dry foot" policy, comes after months of negotiations and is an attempt to “normalize relations” with Cuba. It is contingent upon Cuba agreeing to take back certain Cuban nationals in the US who have been ordered removed. 

In a statement, President Obama called the "wet foot, dry foot" policy outdated. “Effective immediately, Cuban nationals who attempt to enter the United States illegally and do not qualify for humanitarian relief will be subject to removal, consistent with US law and enforcement priorities,” he said. “By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries.” 

Since President Obama is using an administrative rule change to end the policy, President-Elect Trump could undo the change after the inauguration this week; however, ending a US policy that has allowed hundreds of thousands of people to enter the US without documentation would arguably seem to align with Trump’s comments on enacting tough immigration policies.

The Cuban government issued a statement calling the agreed upon policy change “an important step in the advance of bilateral relations” that will guarantee “regular, safe and orderly migration.” The government said the policy encouraged illegal travel in unseaworthy vessels, homemade rafts, and inner tubes.

The "wet foot, dry foot" policy was created by President Bill Clinton in 1995 to revise a more liberal immigration policy that allowed Cubans captured at sea to enter the US and become legal residents in a year. This change to the “wet foot, dry foot” policy comes after President Obama and Cuban President Raul Castro established full diplomatic ties and opened embassies in their respective capitals in 2015. In anticipation of this policy change, there has been an increase in Cuban immigration, particularly across the US-Mexico border. According to statistics published by the Department of Homeland Security, since October 2012 more than 118,000 Cubans have entered at ports of entry along the border, including more than 48,000 people who arrived between October 2015 and November 2016.

As part of the changes, the Cuban Medical Professional Parole Program, started by President George W. Bush in 2006, is also being rescinded. The measure permitted Cuban doctors, nurses, and other medical professionals to seek parole in the US while on assignments abroad, but the president noted these doctors can still apply for asylum at US embassies around the world. "By providing preferential treatment to Cuban medical personnel, the medical parole program…risks harming the Cuban people," Obama said in his statement.

Reactions to the change in policy are varied. "People who can't leave, they could create internal problems for the regime," Jorge Gutierrez, an eighty-year-old veteran of the Bay of Pigs invasion, tells the AP. He adds: "From the humanitarian point of view, it's taking away the possibility of a better future from the people who are struggling in Cuba." Representative Illeana Ros-Lehtinen, a Florida Republican who immigrated to the US from Cuba as a child, says that eliminating the medical parole program is a "foolhardy concession to a regime that sends its doctors to foreign nations in a modern-day indentured servitude." 

Even with this policy change, Cubans are still covered by the 1966 Cuban Adjustment Act, which grants them permanent residency after they have been in the US for one year. Up until the policy change last week, Cuban nationals who made it to the US were given temporary “parole” status for the one year, but this will no longer be granted. While the change in policy is effective immediately, those already in the US and being processed under both the "wet foot, dry foot" policy and the medical parole program will be able to continue the process toward obtaining legal status. Officials also say the change in policy does not affect the lottery that allows 20,000 Cubans to come to the US each year.