WASHINGTON, DC - The American Immigration Lawyers Association (AILA) believes Congress took a disturbing step backwards today - to an era of employment protectionism. Adopting by voice vote an amendment by Senators Sanders (I-VT) and Grassley (R-IA) - who like to frame issues through an "us versus them" lens - the Senate caved to an old reactionary instinct: when times get tough, turn inward, put on the blinders, and hunker down. Unfortunately, we know empirically that this instinct is deeply counterproductive to economic growth and creates a climate of jingoistic divisiveness.

The Sanders-Grassley amendment that was originally filed made no pretense about the objective: it barred TARP fund recipients from hiring foreign workers under the H-1B program for one year. In part, we suspect, because of the ugly optics surrounding such a blatantly protectionist message, the amendment was subsequently dressed up with some qualifiers and legal niceties. But the net effect of the amendment that ultimately passed is the same: the financial institutions who receive funding under the program will be hard pressed to hire any foreign nationals (or extend the visas of currently employed foreign workers) for a 2-year period.

A March 2008 National Foundation for American Policy report (NFAP report) has shown that for every H-1B position requested by an S&P 500 U.S. technology company, overall employment at the company increased by five workers. The report also found that among companies in the study sample experiencing layoffs, for every H-1B position requested, total employment was estimated to be two workers more than it otherwise would have been.

Instead of seeing the current economic calamity as a global problem and immigrants as part of the collective solution, the Senate unwisely chose to restrict the financial industry's access to top-flight global talent who can help create jobs for U.S. workers. In these difficult economic times, we cannot afford knee-jerk, fear driven policies that will stymie growth. Our nation's capacity to funnel the world's diverse talent pool into a highly productive economic engine is a central reason that we are the wealthiest nation in history.

AILA calls on Congress to adopt forward-looking policies that embrace our status as the preeminent landing spot for the world's best and brightest. It is time to turn our back on short-sighted, insular policies, not on the world's highest achievers who can help lift us from our economic malaise.