I am always reminded when watching a congressional hearing that the first duty of Congress is to keep the Executive in check. Today was no exception as I tuned into the U.S. Senate Committee on the Judiciary’s hearing on the Employment Based Immigrant-Fifth Preference Program. The chairman of the committee, Senator Chuck Grassley, Republican of Iowa, called the meeting to discuss the problem of fraud in the program.
The EB-5 immigrant investor program promotes foreign direct investment in the United States by granting a green card (permanent residency) to an immigrant and his or her family where the immigrant invests $1 million or $500,000 in an investment that targets rural or underserved urban areas.
I was less interested in the fraud aspect, hoping that between any discussion of the downside of theft that the panel and its lone witness would shed some light on its benefits.
I should have known better….
A number of Democratic members of the panel, Senator Dick Durbin, Democrat of Illinois, and Senator Diane Feinstein, Democrat of California, decided to go off script and ask questions that had more to do with the issue of children being separated from parents detained at a Mexican-U.S. border non-port of entry versus how to tweak an investment program so that underserved communities in the United States get some economic attention.
It is no wonder that Congress gets blamed for not getting things done. One could argue that one thing these senators could have gotten done was ask why there were no immigrant investor regional centers in the United States Virgin Islands or Puerto Rico. Given the high rates of poverty in both territories and the need for more economic development, attracting investment to underserved areas like U.S. Caribbean territories should have been among the committee’s priorities. If they had any sense of awareness, one look at the calendar should have told them that it was that time of the year where Caribbean territories are preparing for another hurricane season. Maybe one of those foreign immigrants they give so much credit to as innovators could be incentivized to invest a million or so dollars in the USVI or Puerto Rico in exchange for a visa….
… but that’s asking too much …
The political takeaway here is that criticism of any sitting president’s policy is the “doing something” that Congress is best at. You have to apply an entropy effect approach to understanding congressional politics. Taking time to conflate the EB-5 program with President Trump’s “zero tolerance” policy on immigrants trying to enter the U.S. without a visa should not be a surprise. It should be expected.