Immigration Issues in Trade Agreements [Updated January 25, 2007]   [open pdf - 163KB]

From the Summary: "The connections between trade and migration are as longstanding as the historic movements of goods and people. The desire for commerce may often be the principal motivation, but the need to send people to facilitate the transactions soon follows. Recognition of this phenomenon is incorporated into the Immigration and Nationality Act (INA), which includes provisions for aliens who are entering the United States solely as 'treaty traders' and 'treaty investors.' Although the United States has not created a common market for the movement of labor with our trading partners, there are immigration provisions in existing free trade agreements (FTAs) that spell out reciprocal terms regulating the 'temporary entry of business persons.' Immigration issues often raised in the context of the FTAs include whether FTAs should contain provisions that expressly expand immigration between the countries as well as whether FTAs should require that the immigrant-sending countries restrain unwanted migration (typically expressed as illegal aliens). The question of whether the movement of people -- especially temporary workers -- is subsumed under the broader category of 'provision of services' and thus an inherent part of any free trade agreement also arises. Even in FTAs that do not have explicit immigration provisions, such as the United States-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA), there may be a debate over the effects that FTAs might have on future migration."

Report Number:
CRS Report for Congress, RL32982
Public Domain
Retrieved From:
National Agricultural Law Center http://www.nationalaglawcenter.org/crs/
Media Type:
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