1.23.2010

'Illegal Me'


In the wake of 911, after my return home from the Americorps, I met my future husband who was and is an "illegal immigrant". He invited me to go salsa dancing - I declined secretly hoping he would ask me to do something else, less daunting for a near 6’ gal. He was relentless and I finally accepted.

Raul and I got married on a beautiful day in June of 2006. We knew going into our marriage that there would be no way for us to legally stay in the states. I ask myself all the time, especially now with two little innocent baby girls, why I got us into this, knowing the repercussions of Raul’s trek across the Arizona desert. In my better moments I thank God for the wonderful man I share my life with and for the people I have come to know because of him.

Our story burns inside me because I know we are not alone. I hope this blog will create awareness, however small, of undocumented immigrants in the U.S and families just like mine.

1.22.2010

The Prospects for Comprehensive Immigration Reform

January 21, 2010

Senate Democrats Press Advocates to Embrace Expanded Enforcement
The Prospects for Comprehensive Immigration Reform
By STEWART J. LAWRENCE

After months of procedural delay and understandable preoccupation with the economy and health care, the White House has quietly announced plans to introduce a comprehensive immigration reform bill in the Senate next month. The move surprised many political observers who have watched the Obama administration constantly postpone action on immigration reform in order to address a host of other policy issues.

1.19.2010

What King's Civil Rights Legacy Means for Immigration Reform

What King's Civil Rights Legacy Means for Immigration Reform


By Seth Hoy, Immigration Impact

Posted on January 18, 2010, Printed on March 9, 2010


Today, we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man whose dream of equality and human rights changed the course of history. His legacy will be remembered this week by people of all colors and creeds who still believe in the American dream and who continue to fight for equality, civil rights and the basic human dignity they deserve. Over the weekend, thousands of human rights activists took to the street in Phoenix, Arizona, to march for civil rights and for "long-overdue federal action on immigration."

So how is immigration a civil rights issue? In a recent editorial, Rev. Harvey Clemons Jr., the pastor of Pleasant Hill Baptist Church in Houston, connects Dr. King’s fight for equality with the struggle many immigrants face today.

Immigration is about human dignity and the nobility of parents of different tribes and nations facing the risk of coming to a foreign land, a land of opportunity, to work for a better tomorrow for their children…Dr. King invoked the truth, the truth being that all humans ought to be treated with a certain dignity. It would be natural for us to look to him as an example for fighting for a just cause.

1.18.2010

Follow MLK's guidance on immigration reform


Follow MLK's guidance on immigration reform
By THE REV. HARVEY CLEMONS JR.
HOUSTON CHRONICLE
Dec. 3, 2009, 7:41PM

It is nothing new for an African-American minister like me to look at Scripture and perceive that something is amiss in our society. That was Martin Luther King Jr.'s story. King dared to read Scripture and proclaim God gave all people the dignity and intelligence to choose which bus seat was right for them, even in Alabama. King's vision included more than justice for black folk. His vision included all God's children, red and yellow, black and white.

King's vision and struggles are important to remember as serious conversations about immigration reform are again beginning to brew, as indicated by the remarks last month of Department of Homeland Security Secretary Janet Napolitano at the Center for American Progress. Though the conversation concerning immigration in America is more ancient than King, King's vision provides a helpful tool with which to view the immigration struggle today. Immigration is about human dignity and the nobility of parents of different tribes and nations facing the risk of coming to a foreign land, a land of opportunity, to work for a better tomorrow for their children.

Nearly 18 months ago, a conversation with a Latino brother demanded that I move my understanding of the immigration issue past propaganda and common perception. Spurred by his passion, friends and I gathered with prominent immigration lawyers, leaders from the Greater Houston Partnership and the Latino community to learn how the immigration system was affecting the daily lives of people in our community and the well-being of our community itself.

The perception garnered from the media is often that undocumented immigrants simply go around the open door of the legal immigration system, but that morning I learned how an unworkable immigration system closes the vast majority of legal avenues for those who desire to immigrate legally. The perception from the media is often that immigrants do not pay taxes; that morning I learned undocumented workers pay taxes and to a much greater degree than what they consume in our state, with an estimated $400 million surplus. Also, I did not know undocumented immigrants contributed more than $17 billion to our state's economy, how an enforcement-only policy would cost our economy $651 billion in annual output, or how immigrant parents lived continually under the threat of being separated from their children. For too long, advocates who fear immigrants have acted as the primary molders of our perception concerning immigration, convincing us all too easily that their fears fall in line with reality.

To many, it seems strange that I, an African-American minister from the Fifth Ward, would focus much of my energy and resources to work along with other leaders in our city for immigration reform. Yet I am a Christian and a disciple with the call to see Christ in the humanity of all who suffer. This was the remarkable passion of King. Today, many others and I share this same passion. King saw the world from the perspective of God's love. God's love gave King the courage to work with all God's children so that the foolishness of fear-mongers would not cut the country off from its pursuit of a more perfect union.

Listen not to false prophets who wrap their politics around the fear of the immigrant. It is not a new song they sing. In fact, it is eerily similar to the songs sung not too long ago. They sang that slavery was God's way until that song sounded ridiculous. They altered the song and sang segregation was God's way until that too sounded ridiculous. Now the song of the false prophets paints the immigrant as a threat to, rather than a pillar of, American society; paints undocumented fathers and mothers working from sunrise to sundown as a drain of our nation's resources rather than a reminder of our heroic beginnings; and paints immigrant children as a national burden rather than our nation's blessing.

Napolitano closed her remarks on immigration by stating that immigration is “ingrained in our national character …. But we must modernize our laws for the 21st century so that this vision can endure. This is a task that is critical, that is attainable, and that we are fully committed to fulfilling.” Like in the days of King, we know much of what we need to do. The only question is whether or not we have the courage to continue the noble legacy with which we have been entrusted by working to be the land of opportunity for all people in all positions of life. Please join us at www.houstonimmigrationreform.org.

In Quake Aftermath, U.S. Suspends Deportations to Haiti


The New York Times
January 14, 2010
In Quake Aftermath, U.S. Suspends Deportations to Haiti
By JULIA PRESTON

Responding to the devastation from the Haiti earthquake, Obama administration officials on Wednesday temporarily suspended deportations of illegal immigrants from that country.

Homeland Security Secretary Janet Napolitano said Haitian deportations would be halted “for the time being,” without specifying a time period. Immigration officials said it was clear they could be putting Haitians’ safety at risk by sending them back to a country staggering from the vast destruction of the quake. About 30,000 Haitians in the United States are facing deportation orders, immigration officials said.

Lawmakers and immigrant advocacy groups renewed calls for the administration to grant Haiti a special status that would shield Haitian immigrants in this country from deportation for an extended period and allow them to work legally. The Haitian government and advocates here have been asking Washington to grant the status, known as temporary protected status, since late 2008.

1.04.2010

Fight on Immigration Reform Looms for Obama in '10

TIME
Fight on Immigration Reform Looms for Obama in '10
By Michael Scherer / WASHINGTON Sunday, Jan. 04, 2009

In the fall of 2007, federal agents raided 11 McDonald's restaurants in the Reno area, rounding up 56 employees on suspicion of working in the country illegally. A couple of weeks later, Barack Obama, then a long-shot candidate for President stumping through Nevada, got asked about the Bush Administration's policy of sporadic workplace immigration raids.

The candidate was unimpressed. "We are not going to solve the problem of 12 million immigrants here, 50 immigrants at a time," Obama said in October of that year. "I think this is much more for show than having a practical effect. We need comprehensive immigration reform."
(See pictures of immigrants in America.)

Two years later, that need is still unaddressed, and it's Obama's Administration that is the target of criticism. President Obama has eliminated the regular workplace roundups of illegal immigrants, but the crackdown on employers of illegal immigrants has, by contrast, increased. In November, the Immigration and Customs Enforcement agency (ICE) announced 1,000 new audits of employers who were suspected of employing illegal immigrants. This followed the July announcement of audits of 654 companies, which included reviews of more than 85,000 employee records and the discovery of more than 14,000 suspect documents. As a result of the crackdown, thousands of undocumented workers were fired from their jobs.
(Read a report card on Obama's first year in office.)

"On the enforcement side, we are really stepping up our efforts to audit employers, to investigate employers for knowing violations, to fine them and to prosecute them when appropriate," says John Morton, Obama's choice as director of ICE. "We are doing it on a much larger scale than it was done before."

According to government records, 1,897 workplace enforcement cases were initiated between April 30 and Nov. 19 of 2009, compared to 605 cases during the same period a year earlier under the Bush Administration. In Los Angeles, the designer clothing company American Apparel fired about 1,800 employees in September following an ICE audit of employee records. In Minneapolis and St. Paul, the contract company ABM fired about 1,200 unionized janitors after a similar investigation.

The scope of the crackdown has raised objections from many of Obama's labor and civil rights supporters, who are demanding a more targeted enforcement effort focused on employers that provide poor work conditions or substandard wages. "These seemingly arbitrary audits represent a version of the flawed thinking that went into the Bush Administration's work-site raids," wrote Service Employees International Union president Andy Stern in a Dec. 11 letter to Homeland Security Secretary Janet Napolitano. "Forcing the dismissal of such a tiny percentage of the hardworking men and women who work long days mopping floors, sewing our clothes, or handling meat on a factory line does not make us any stronger as a nation."

Morton says that the ICE audits, which involve individual checks of employee citizenship documentation, are intentionally broad and part of an effort to get companies to self-regulate. At the same time, the Department of Homeland Security has been marketing the voluntary use of the E-Verify program, an Internet-based system that allows employers to check the citizenship status of new hires. "We have to enforce the law, and the law isn't restricted to people who employ unlawful labor and have abusive working conditions," says ICE's Morton. "The law is that employers must hire people with work authorization."

The crackdown helps set the stage for a major legislative push for immigration reform in 2010, an effort that is supported by unions and the Department of Homeland Security. In a speech at the liberal Center for American Progress in November, Napolitano argued that the stronger enforcement efforts, combined with a more robust border-protection effort in the past year, set the stage for the passage of reform, which would provide a path to citizenship for many of the 12 million illegal immigrants in America. "Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before," Napolitano said. "If we are truly going to fix a broken system, Congress will have to act."

Both Democratic and Republican strategists express hope and concern about a battle over immigration reform this year, which could yield legislation for the President to sign as soon as the summer. For Republicans, the concern is that a divisive battle could motivate Hispanic turnout for Democrats in the 2010 midterm elections. For Democrats, the concern is that independent voters, who are deeply concerned about high unemployment and a still sluggish economy, will see a major fight over citizenship for undocumented immigrants as an unwelcome distraction from other priorities. Democrats have already introduced an immigration bill in the House, and one is expected in the Senate early next year.

Groups opposed to Obama's immigration-reform effort have taken little solace in the stepped-up enforcement efforts, in part because the Obama Administration is not aggressively seeking to deport those workers who are fired for fraudulent paperwork. "Effective enforcement is pretty much past tense," says Bob Dane, a spokesman for the Federation for American Immigration Reform, a conservative group that opposes giving a path to legalization for current undocumented residents. "The illegal workers are clearly allowed to remain in the country."

That said, few doubt that Obama will have an easier time selling the idea of reform that legalizes current undocumented immigrants if he can argue that the reforms would be accompanied by serious enforcement, something that never happened after the last legalization effort. "We know that one-sided reform, as we saw in 1986, cannot succeed," Napolitano said in November. "During that reform effort, the enforcement part of the equation was promised, but it didn't materialize."

All this suggests that 2010 is sure to see even more crackdowns on employers around the country for employing undocumented workers. The President who once dismissed immigration enforcement "for show" is now clearly trying to make a show of his own enforcement chops.

12.23.2009

A Closer Look at Immigration Reform Legislation in the New Year

By Mary Giovagnoli

Everyone pulled out the sports analogies last week when Congressman Luis Gutierrez and his 91 co-sponsors introduced H.R. 4321, the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009—and rightly so, as this bill marks the opening bell in the 2010 immigration debate. It is not only the first major piece of comprehensive reform legislation introduced in the 111th Congress, but the first since the last debate on immigration reform, which took place in May and June of 2007 in the Senate.

But CIR ASAP also marks the end of a year that has been filled with movement on immigration reform. Most of it was not legislative, but reflected instead the change in Presidential administrations. Among the key developments:

-Janet Napolitano, governor of Arizona, an outspoken supporter of the comprehensive immigration reform and smart enforcement strategies, was named Secretary of the Department of Homeland Security. She immediately called for review of enforcement programs that were highly criticized, including 287(g), E-verify, and worksite raids. This review ultimately led to major reforms in detention practices, an end to the massive worksite raids of the past, and a revamping of 287(g).

-President Obama reaffirmed his commitment to CIR over and over again, most notably by calling a White House summit of key Congressional leaders in May, naming Napolitano as his point person for getting reform done. Other cabinet leaders have been pulled into the effort, too. Secretary of Labor Hilda Solis, speaking at the Center for American Progress last week noted that cabinet secretaries and their staff are meeting weekly to coordinate administration efforts on reform.

-The President’s budget included a request for appropriated funds for USCIS, to pay for the costs of processing, asylum refugee, and military naturalization applications. Although Congress ultimately appropriated only a small portion of those funds, the mere fact that the administration recognized the need to revisit current fee structures (in which the agency must fund its operations almost exclusively through fees), marked a major policy departure, and the glimmer of true fee reform.

Still, there’s no denying the significance of the 644 page legislative package introduced last week. While it is a product of 2009, many of the proposals, including detention reforms and family reunification proposals, reflect tremendous work over the years by many of the co-sponsors—including Reps. Woolsey, Roybal Allard, Honda, Grijalva, Reyes, and Berman—while other sections incorporate legislation from Senators Menendez, Durbin, and former Senator Obama. As with all legislation of this type, it is a compilation of new and old ideas, woven together to reflect both a prescription for immigration policy and a plan for bringing along votes.

Does this mean that CIR ASAP is merely a marker bill, one designed to throw down the gauntlet, but not to move? Not exactly. Senator Schumer, as head of the Senate’s immigration subcommittee, and Congresswoman Lofgren, chair of the House Immigration subcommittee, are both expected to champion their own legislative packages in the coming year. It’s anticipated that Sen. Schumer will introduce his own comprehensive package early in 2010, which is likely to change significantly as it goes through committee, and then through the whole Senate. Assuming Senate passage, then the House will have to decide whether to simply take up the Senate bill, introduce a new package, or take CIR ASAP and its fellow proposals (and there will be more, it’s the nature of the game) through committee markups and so forth. So, it’s hard to tell what everything will look like by the time a bill hits the president’s desk. But CIR ASAP contains a number of viable solutions, and the final package will no doubt reflect some of those ideas—and hopefully some of the passion that infuses the bill.

So, while CIR ASAP may be the beginning of an era, it is also the end of a period of transition. The administration has made its position pretty clear. A big chunk of the House has now, too. The next move is Senator Schumer’s—and then the real games begin.

12.13.2009

Comprehensive Immigration Reform to be Introduced December 15

Comprehensive Immigration Reform to be Introduced December 15

December 11, 2009

FOR IMMEDIATE RELEASE
(Washington D.C.) On Tuesday, December 15, Congressman Luis V. Gutierrez (D-IL) will introduce new legislation, the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), to the U.S. House of Representatives. Gutierrez will be joined by members of many different faiths and backgrounds, including the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus and Progressive Caucus.

Who:
Rep. Luis V. Gutierrez (IL-4), Chair of the Congressional Hispanic Caucus Immigration Task Force

Rep. Nydia M. Velázquez (NY-12), Chair of the Congressional Hispanic Caucus

Rep. Yvette D. Clarke (NY-11), Whip of the Congressional Black Caucus

Rep. Mike Honda (CA-15), Chair of Congressional Asian Pacific American Caucus

Rep. Lynn Woolsey (CA-6), Co-Chair of the Congressional Progressive Caucus

Rep. Judy Chu (CA-32)

Rep. Joseph Crowley (NY-7)

Rep. Pedro R. Pierluisi (PR-At large)

Rep. Jared Polis (CO-2)

Rep. Jan Schakowsky (IL-9)

Rep. Jose E. Serrano (NY-16)

Other Members of Congress

What:
Introduction of Comprehensive Immigration Reform Legislation

When:
12:30 pm, Tuesday, December 15, 2009

Where:
Room 2220, Rayburn House Office Building

"We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President," said Rep. Gutierrez. "The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year. It is the product of months of collaboration with civil rights advocates, labor organizations, and members of Congress. It is an answer to too many years of pain —mothers separated from their children, workers exploited and undermined security at the border— all caused at the hands of a broken immigration system. This bill says 'enough,' and presents a solution to our broken system that we as a nation of immigrants can be proud of."

12.10.2009

Testimony on "Oversight of the Department of Homeland Security"

In testimony before the Senate Judiciary Committee yesterday, DHS Secretary Janet Napolitano reiterated the Obama Administration’s plan to push for Comprehensive Immigration Reform legislation early next year.

...Finally, we look forward to working with you on immigration reform. The President is committed to that. He is committed to reform that includes serious, effective and sustained enforcement, that includes improved legal flows for families and workers, and a firm way to deal with those already illegally in the country.

We need to demand responsibility and accountability from everyone involved. The Department of Homeland Security, our law enforcement partners, businesses who must be able to find the workers they need here in America, and immigrants themselves as we enforce the law moving forward.

So I look forward to working with you, Mr. Chairman and Senator Sessions and others on this Committee to develop a path forward early next year to reform the immigration system as a whole.

12.09.2009

In Commemoration of Human Rights Day 2009

December 9, 2009
From FCNL: In Commemoration of Human Rights Day 2009

Hello all,

Becca Sheff at FCNL, the organization I used to work for, wrote this article which was published in yesterday’s E-News. She makes a powerful argument that health is a human right as she discusses why immigrants should be included in the final heathcare reform bill.

Much of what she says also rings true to my work here in Burundi. Check it out:

Health is a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity. ~World Health Organization, 1948

If you don’t have your health, then almost nothing else matters. From the smallest of injuries to grave illnesses, poor health disrupts daily life and can threaten your livelihood or even your survival. What so many of us take for granted – a healthy body, access to health care, and an environment conducive to good health – remains inaccessible for many of today’s immigrants.

This Thursday, December 10, is Human Rights Day, which commemorates the 61st anniversary of the creation of the Universal Declaration on Human Rights. This year, as health care reform advances in Congress and immigration reform is around the corner, let’s take a moment to consider whether immigrants deserve to be in good health.

This should seem like a no-brainer, right? Of course immigrants deserve to be healthy, just like everyone else. But this notion, that people have rights based on their common humanity, is actually not yet well accepted in the United States. It is time for the U.S. government to recognize that the right to health is an essential and basic human right.

Immigrants face multiple barriers to good health. Conflicts abroad can force them from their homelands, sending them on a circuitous journey across national borders with few resources. Environmental destruction can dry up wells, destroy crops, and send people out in search of a better life. Economic disparities and governmental policies can deny immigrants and other marginalized populations access to basic health care even when it is widely available to the rest of the population.

The premise of human rights like the right to health is that people deserve to live with a certain level of dignity, and if they are unable to achieve that on their own, then their government will step in and help them out. Human rights law is a way of holding governments responsible to their people.

International human rights law clearly supports health as a human right. The Universal Declaration on Human Rights and the International Covenant on Economic, Social, and Cultural Rights both state that all peoples have the right to a standard of living that promotes physical and mental health and well-being. In addition, the United States, as a signatory to the Charter of the Organization of American States, is committed to development efforts that promote a healthful life for all.

But how do these international commitments translate on the ground?

If the state of the current health reform legislation is any indicator, then the United States has a long way to go in ensuring that all of its residents – including immigrants – have access to adequate health care. Even with the upcoming reforms, immigrants face significant and unfair restrictions. Undocumented immigrants may not be able to buy coverage in the health insurance exchange even with their own money. Immigrants with green cards, who are in the country legally, would still face a 5-year ban for Medicaid.

From a public health standpoint, it just makes sense to want as many people as possible to have good access to health care. Healthy people make for healthy and productive communities. This is a common-sense solution to a shared problem. From a human rights standpoint, immigrants deserve health care coverage just as much as anyone else.

But the broken U.S. immigration system prevents immigrants from demanding their rights. Undocumented immigrants, unable to adjust their legal status, are particularly at risk of human rights abuses.

One of the most prominent sites of human rights abuses is the immigration detention system. The Department of Homeland Security will detain more than 440,000 immigrants annually by the end of 2009. Most of these immigrants are non-criminal and are suspected only of immigration violations, yet they are detained in jail-like settings and routinely denied access to basic and timely health care. Cases have been documented in which regularly taken medication was withheld, follow-up treatment for cancer was denied, and sick call requests were ignored. At least 104 immigrants have died in detention since 2003. This is unacceptable.

Just about everyone agrees that the U.S. immigration system is broken and needs fixing. Immigrants and their families need workable solutions that make it possible to live with dignity, in a way that is consistent with this country’s values of equality and opportunity. Health is an essential part of this equation.

In honor of Human Rights Day and in recognition of health as a human right, Congress should include immigrants in the final health reform bill and work toward passing humane and comprehensive immigration reform in early 2010.

11.16.2009

We Can Fix This


http://www.americanprogress.org/issues/2009/11/napolitano_event.html

11.13.2009

White House to Begin Push on Immigration Overhaul in 2010

The New York Times
November 14, 2009
White House to Begin Push on Immigration Overhaul in 2010
By JULIA PRESTON

The Obama administration will insist on measures to give legal status to an estimated 12 million illegal immigrants as it pushes early next year for legislation to overhaul the immigration system, Homeland Security Secretary Janet Napolitano said on Friday.

In her first major speech on the overhaul, Ms. Napolitano dispelled any suggestion that the administration — with health care, energy and other major issues crowding its agenda — would postpone the most contentious piece of immigration legislation until after midterm elections next November.

Laying out the administration’s bottom line, Ms. Napolitano said officials would argue for a “three-legged stool” that includes tougher enforcement laws against illegal immigrants and employers who hire them and a streamlined system for legal immigration, as well as a “tough and fair pathway to earned legal status.”

With unemployment surging over 10 percent and Congress still wrangling over health care, advocates on all sides of the immigration debate had begun to doubt that President Obama would keep his pledge to tackle the divisive illegal immigration issue in the first months of 2010.

Speaking at the Center for American Progress, a liberal policy group in Washington, Ms. Napolitano unveiled a double-barrel argument for a legalization program, saying it would enhance national security and, as the economy climbs out of recession, protect American workers from unfair competition from lower-paid, easily exploited illegal immigrants.

“Let me emphasize this: we will never have fully effective law enforcement or national security as long as so many millions remain in the shadows,” she said, adding that the recovering economy would be strengthened “as these immigrants become full-paying taxpayers.”

Under the administration’s plan, illegal immigrants who hope to gain legal status would have to register, pay fines and all taxes they owe, pass a criminal background check and learn English.

Drawing a contrast with 2007, when a bill with legalization provisions offered by President George W. Bush failed in Congress, Ms. Napolitano said the Obama administration had achieved a “fundamental change” in border security and enforcement against employers hiring illegal immigrants. She said a sharp reduction in the flow of illegal immigrants into the country created an opportunity to move ahead with a legalization program.

Some Republicans were quick to challenge Ms. Napolitano’s claims that border security had significantly improved or that American workers would be helped by bringing illegal immigrants into the system.

“How can they claim that enforcement is done when there are more than 400 open miles of border with Mexico?” asked Representative Lamar Smith of Texas, the senior Republican on the House Judiciary Committee. He said the administration should “deport illegal immigrant workers so they don’t remain here to compete with citizen and legal immigrant job seekers.”

But Senator John Cornyn of Texas, the top Republican on the Judiciary subcommittee on immigration, agreed that it was time to open the immigration debate. “My commitment to immigration reform has not changed,” he said in a statement Friday. “I am interested in seeing a proposal sooner rather than later from President Obama.”

Senator Charles E. Schumer, Democrat of New York and the chairman of that subcommittee, has been writing an overhaul bill and consulting with Republicans, particularly Senator Lindsey Graham of South Carolina. Mr. Schumer said that the administration’s agenda was “ambitious,” but that he was “confident we can have a bipartisan immigration bill ready to go under whatever timeline the president thinks is best.”

Ms. Napolitano has been leading the administration’s efforts to gather ideas and support for the immigration overhaul, meeting in recent weeks with business leaders, religious groups, law enforcement officials and others to gauge their willingness to go forward with a debate in Congress.

Framing the administration’s proposals in stark law and order terms, she said immigration legislation should include tougher laws against migrant smugglers and more severe sanctions for employers who hire unauthorized workers.

Ms. Napolitano said that the Border Patrol had grown by 20,000 officers and that more than 600 miles of border fence had been finished, meeting security benchmarks set by Congress in 2007. She was echoing an argument adopted by Mr. Bush after the bill collapsed in 2007, and by Senator John McCain, Republican of Arizona, in his race against Mr. Obama. They said Americans wanted to see effective enforcement before they would agree to legal status for millions of illegal immigrants.

Some immigrant advocates were dismayed by Ms. Napolitano’s approach. Benjamin E. Johnson, executive director of the American Immigration Council, praised her package of proposals, but said some enforcement policies she outlined “have proven to do more harm than good.”

11.02.2009

Over 100 Democrats Push Obama on Immigration Reform

Over 100 Democrats Push Obama on Immigration Reform

Posted By La Prensa San Diego On October 30, 2009 @ 7:28 pm

By Marcelo Ballvé

Is immigration reform back?

Hoping to jump-start a major legislative drive on immigration reform in the U.S. Congress, more than 100 pro-reform House Democrats signed a letter reminding President Obama of his administration’s commitment to overhaul immigration.

The letter was clearly meant to nudge the White House toward engaging an issue it has allowed to languish.

The letter expressed House Democrats’ “commitment to fix our broken immigration system” and cited “strong support for moving forward on fair and humane comprehensive immigration reform this year.” One of the signees, Rep. Luis Gutierrez, an Illinois Democrat, is gearing up to introduce a major immigration reform bill as early as next month.

Immigration advocates and their allies in Congress believe there is a window for immigration reform to pass early next year, before midterm elections complicate the political calculus.

“The room for doing this is very tight,” Gutierrez said earlier this month on the Spanish-language Univision network’s political talk program, “Al Punto.” “We have to do it in February or early March of next year.”

The renewed buzz around reform has raised expectations in the Hispanic community, but since such hopes have been dashed before, there is still an undercurrent of skepticism.

Despite the stirrings in the lower House of Representatives, it’s still unclear how much traction an immigration fix has in the Congress overall. Gutierrez’s bill and the letter to President Obama are only opening plays in a long campaign to push immigration to the center of Washington, D.C.’s always crowded agenda.

The recent moves might help Democrats show Hispanic voters that the party is aware of widespread frustration with the current immigration system. But there’s still no clear commitment to a timetable for an overhaul, or certainty that it will come.

“The timeline for immigration remains uncertain,” acknowledged Rep. Joseph Crowley, the New York Democrat who organized the letter on immigration sent to President Obama and signed by 111 House Democrats.

Time, he went on to admit, is short. Because of the November 2010 elections, “the further we go into next year… the more difficult I think it will be to address this issue” as risk-averse incumbents avoid controversial issues like immigration.

Rep. Crowley spoke during a teleconference call with reporters organized last week by the National Immigration Forum, a nonpartisan pro-immigration advocacy group in Washington, D.C., and New America Media.

Immigrant advocates know that once health care reform is settled, immigration will compete with other crucial issues, including banking regulation and the interrelated climate and energy questions, for political attention, said Ali Noorani, National Immigration Forum’s executive director.

That is why pro-immigration groups like his are organizing letter-writing, fax, and email campaigns, to create a groundswell that will inject urgency into their demands that Congress act on immigration.

As always, immigration reform pivots on one sensitive question: What happens with the nation’s 12 million undocumented immigrants?

While most pro-reform advocates envision a path to some sort of legal status for undocumented immigrants already in the country, opponents call such plans an amnesty that would encourage still more illegal immigration.

The cries of “amnesty” sunk Congress’s last serious attempt to reform immigration in 2007, and this time pro-reform advocates want to ensure that they are not drowned out by anti-immigration voices.

“We must keep up the drumbeat,” wrote Tamar Jacoby, head of Immi-grationWorks USA, a pro-immigration business group, in an e-mail to supporters. “Many members of Congress still don’t get it. Many are still leery of immigration. And when they go home to their districts, they still hear only the voices shouting ‘No.’ We have to help change that.”

Local groups advocating for immigrants’ rights are striving to be proactive.

“We need to take control of this [reform] timeline,” said Chung-Wa Hong, New York Immigrant Coalition executive director.

Hong, who participated in the teleconference last week with Rep. Crowley, said immigrant voters “are angry – they voted for change and they’re seeing more of the same.” She said that only a surge of voter demands for an immigration overhaul would galvanize Congress into action, and any expectations of a Washington, D.C.-initiated fix were politically naive.

Part of the problem for immigration reform is partisanship. Rep. Crowley could cite only one possible Republican backer by name: Arizona Rep. Jeff Flake.

When pushed to outline a reform plan that House Democrats could get behind, Rep. Crowley emphasized tighter border security and the targeting of “bad actor” employees who exploit undocumented immigrants. These get-tough measures are clearly designed to attract Republican support for a reform bill that would presumably create a path to legalization for those without papers.

President Reagan tried a similar “carrot and stick” plan in 1986, granting legal status to millions of undocumented along with cracking down on employers who hired unauthorized workers.

But there is little indication that present-day Republicans have an appetite for following Reagan’s lead. Michael Steele, president of the Republican National Committee, has long blamed the 1986 immigration law for today’s illegal immigration crisis.

More recently, in his own appearance on Univision’s Al Punto program, Steele said he was sick of politicians exploiting the “hot politics” of immigration. He also advocated for immigrants to assimilate by working hard, eating apple pie and learning the Star Spangled Banner.

But he gave no specifics on what sort of an immigration reform plan Republicans might be willing to hammer out with Democrats.

Noorani, of the National Immigration Forum, believes immigration reform has a “very, very good opportunity to move early in 2010.”

But until a substantive debate on immigration begins to build in Congress and nationwide, it will remain unclear whether the deadlock on immigration really is loosening.

10.28.2009

The LAPD fights crime, not illegal immigration

Opinion

The LAPD fights crime, not illegal immigration
The outgoing chief of police urges the department to keep focusing on community outreach.
By William J. Bratton

October 27, 2009

On March 12, Juan Garcia, a 53-year-old homeless man, was brutally murdered in an alley off 9th and Alvarado streets in the Westlake District, just west of downtown Los Angeles. At first, the police were stumped; there were no known witnesses and few clues. Then a 43-year-old undocumented immigrant who witnessed the crime came forward and told the homicide detectives from the Rampart station what he saw. Because of his help, a suspect was identified and arrested a few days later while hiding on skid row. Because the witness was not afraid to contact the police, an accused murderer was taken off the streets, and we are all a little bit safer. Stories like this are repeated daily in Los Angeles.

Keeping America's neighborhoods safe requires our police forces to have the trust and help of everyone in our communities. My nearly 40 years in law enforcement, and my experience as police commissioner in Boston and New York City and as chief in Los Angeles, have taught me this.

Yet every day our effectiveness is diminished because immigrants living and working in our communities are afraid to have any contact with the police. A person reporting a crime should never fear being deported, but such fears are real and palpable for many of our immigrant neighbors.

This fear is not unfounded. Earlier this month, Homeland Security Secretary Janet Napolitano announced that 11 more locations across the United States have agreed to participate in a controversial law enforcement program known as 287(g). The program gives local law enforcement agencies the powers of federal immigration agents by entering into agreements with Homeland Security's Immigration and Customs Enforcement, or ICE. Although many local agencies have declined to participate in 287(g), 67 state and local law enforcement agencies are working with ICE, acting as immigration agents.

Some in Los Angeles have asked why the LAPD doesn't participate. My officers can't prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported. That basic fact led to the implementation almost 30 years ago of the LAPD's policy on immigrants, which has come to be known as Special Order 40. The order prohibits LAPD officers from initiating contact with someone solely to determine whether they are in the country legally. The philosophy that underlies that policy is simple: Criminals are the biggest benefactors when immigrants fear the police. We can't solve crimes that aren't reported because the victims are afraid to come forward to the police.

The idea of engaging all members of the public in reporting crime and identifying criminals not only helps us with short- and medium-term goals of reducing crime; it helps improve relations with community members. We all have an interest in helping our young people develop into healthy, educated and law-abiding adults. Breeding fear and distrust of authority among some of our children could increase rates of crime, violence and disorder as those children grow up to become fearful and distrustful adolescents and adults. That is why the Los Angeles Police Department has not participated in 287(g) and the federal government is not pressuring the department to do so.

Americans want a solution to our immigration dilemma, as do law enforcement officials across this nation. But the solution isn't turning every local police department into an arm of Immigration and Customs Enforcement.

The Police Foundation published a report in April titled "The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties." The report confirms that when local police enforce immigration laws, it undermines their core public safety mission, diverts scarce resources, increases their exposure to liability and litigation, and exacerbates fear in communities that are already distrustful of police.

The report concluded that to optimize public safety, the federal government must enact comprehensive immigration reform. As police chief of one of the most diverse cities in the United States, and possibly the world, I agree. As I leave my position as leader of the LAPD, I will encourage my successor to adopt the same rigid attitude toward keeping Special Order 40 and keeping the mission of the men and women of the department focused on community cooperation instead of community alienation.

Working with victims and witnesses of crimes closes cases faster and protects all of our families by getting criminals off the street. We must pass immigration reform and bring our neighbors out of the shadows so they get the police service they need and deserve. When officers can speak freely with victims and witnesses, it goes a long way toward making every American neighborhood much safer.

William J. Bratton is chief of the Los Angeles Police Department. The Police Foundation's report is available online at http://www.policefoundation.

10.21.2009

Police chiefs press for immigration reform

By Dennis Wagner, The Arizona Republic
PHOENIX — Some of the nation's top cops on Wednesday called upon Congress to promptly adopt an immigration reform measure, saying local law enforcement agencies across America are struggling to deal with crime and confusion caused by a broken system.
About 100 police chiefs and administrators from Framingham, Mass., to San Diego joined Department of Homeland Security officials in Phoenix for a National Summit on Local Immigration Policies sponsored by the Police Executive Research Forum, a nonprofit law enforcement educational organization.

During closed discussions, the participants agreed that America needs a comprehensive new law containing guest-worker programs, a means for immigrants to become permanent residents and federal enforcement of the prohibition against hiring illegal immigrants, according to Chuck Wexler, the forum's executive director.

Dennis Burke, senior adviser to Homeland Security Secretary Janet Napolitano, agreed with the police chiefs.

"Congress needs to work quickly," Burke said. "Delay is not painless. Secretary Napolitano has said the situation the country is in is not defensible."

The meeting focused on the struggles of community police agencies in coping with unlawful immigration and related crime. Police administrators said Department of Homeland Security enforcement efforts have inconsistent and unreliable for years, leaving police and sheriffs agencies to establish helter-skelter policies that polarize the public.

"It's starting to tear my town apart," said Steven Carl, the chief in Framington, "especially with the economy going south. You see a hatred toward the immigrant population."

Larry Boyd, police chief in Irving, Texas, said he has been "beaten over the head" by conservative groups for not going after illegal aliens, and by Latino groups for enforcing immigration laws. "Neither side was dealing with factual information," Boyd added, "but it's an issue the media loves to cover."

Phoenix police Chief Jack Harris noted that Arizona's capital city leads the nation in kidnappings — mostly involving human-smuggling syndicates that reflect federal policy failures. "It needs to be fixed, and it needs to be done sooner rather than later," Harris said.

Alan Bersin, President Obama's border czar, assured police administrators that a transformation is underway in Homeland Security.

"There's no question that under this secretary there's been a sea change," Bersin said, adding that ICE already is focusing more on workplace violations rather than immigrant roundups. However, he concluded, enforcement is likely to remain schizoid "until there is a reform of immigration law that is acceptable to the American people."

Police administrators were especially critical of the government's so-called "287(g)" program which provides for state and local police to enforce immigration law. The program has created nationwide confusion and controversy.

Paul Lewis, an associate professor of political science at Arizona State University who recently surveyed 237 U.S. police agencies, said nearly one-fifth of the departments have a policies that eschew immigration enforcement, 28% pursue undocumented aliens to some extent, and nearly half have no immigration enforcement policy at all.

George Gascón, outgoing police chief in Mesa, Ariz., noted that 60 Maricopa County Sheriff's deputies raided his suburban City Hall and library recently, looking for undocumented workers. Gascón said only three were arrested, adding, "I have seen the ugly side of this enforcement."

Many of the chiefs stressed that state and local immigration enforcement conflicts with community policing because it makes undocumented aliens fearful of reporting crimes or serving as witnesses. They said short-sighted policies lured the estimated 11.5 million undocumented immigrants into the United States, and the enforcement debate has been oversimplified by advocacy groups.

"I think a lot of people are trying to see, well, where's the new (Obama) administration going to go with this?" added Boyd, the Irving, Texas, police chief.

10.13.2009

Immigration Rally, Tied to a New Bill, Draws Thousands

The New York Times
October 14, 2009
Immigration Rally, Tied to a New Bill, Draws Thousands
By IAN URBINA
WASHINGTON — Thousands of immigrants came to Capitol Hill on Tuesday for a day of lobbying and an afternoon rally calling for comprehensive immigration reform.

The event was timed to the unveiling of an immigration bill by Representative Luis V. Gutierrez, a Democrat from Illinois and the chairman of the Immigration Task Force of the Congressional Hispanic Caucus.

With President Obama’s stated commitment to immigration reform, advocates for immigrants said they hoped to revive a debate that has been overshadowed by other priorities, like the economy and the wars in Afghanistan and Iraq. As deportations continue to rise, immigration reform is needed now, they said, to allow illegal immigrants to obtain legal status and to stop families from being torn apart.

“We need a bill that says if you come here to hurt our communities, we will not support you; but if you are here to work hard and to make a better life for your family, you will have the opportunity to earn your citizenship,” Mr. Gutierrez said in a prepared statement. “We need a law that says it is un-American for a mother to be torn from her child, and it is unacceptable to undermine our workforce by driving the most vulnerable among us further into the shadows.”

Immigration reform faces a difficult road. President George W. Bush twice failed to get Congress to pass similar legislation. President Obama recently said his administration would pursue reform this year but expected no action on legislation before 2010.

Tuesday’s event was sponsored by various immigrant advocacy groups, including the Reform Immigration For America campaign, the National Capital Immigration Coalition, and Families United/Familias Unidas. It attracted convoys of buses, vans and cars carrying more than 3,000 protesters from at least 17 states.

Immigrants, religious leaders, members of Congress and immigrant advocates planned to gather on the West Lawn for speeches and a prayer vigil at 3 p.m. Similar rallies were being held in at least 20 cities around the nation, including Los Angeles, Milwaukee, Denver and Albany.

“I’m here representing the undocumented workers who cleaned Ground Zero and its surrounding area after the 9/11 terrorist attacks,” said Rubiela Arias, 43, an illegal immigrant from Colombia. She described how she came from Medellín to New York in 1998 with her 5-year-old son, seeking a safer place for her family.

“I worked for eight months cleaning the dust and debris surrounding the World Trade Center,” said Ms. Arias, who cleans offices in Manhattan and was dressed in a light-blue T-shirt with a sticker reading, “Reform Immigration for America.” “There was no question about immigration status. We were all New Yorkers; we were all Americans.”

In June, Senator Charles Schumer, Democrat from New York, announced what he called seven principles that would give form to his own reform proposal, including the need to “curtail future illegal immigration,” to have “operational control of our borders” and a “biometric-based employer verification system.” Mr. Schumer, who has been working with Senator Lindsey Graham, Republican of South Carolina, said he would introduce a bill by Labor Day but missed that deadline.

Mr. Gutierrez’s bill, which is likely to propose less restrictive terms than Mr. Schumer’s plan for allowing illegal immigrants to become legal citizens, is partly meant to pressure his Congressional colleagues.

A main purpose of the rally was to highlight the way current immigration law splits families.

“Families deserve better than this from our government,” said Peter Derezinski, a 17-year-old high school senior and a United States citizen whose father was deported to Poland in April 2008 after 18 years as a truck driver and an air-conditioning repairman in Chicago. “We need to fix our broken immigration system so our parents who have contributed to this nation’s economy in a positive way have a chance of reuniting with their children.”

Robin Ferschke, who was traveling from Maryville, Tenn., said she planned to talk to lawmakers about changing the law so that her daughter-in-law and grandson could live legally in the United States. Ms. Ferschke’s son, Sgt. Michael Ferschke, a 22-year-old Marine radio operator, was killed in Iraq in 2008, leaving his Japanese widow and their infant son in immigration limbo.

While Sergeant Ferschke was deployed to Iraq, he learned that his girlfriend was pregnant. They decided to get married by proxy, a method that has a long history in the military when the bride and groom cannot be in the same place for a ceremony. The boy was born in Japan and holds dual citizenship.

But under a 1950s legal standard meant to curb marriage fraud, the wedding is not recognized for immigration purposes even though the military recognizes the unions.

“The laws we have now are inhumane and need to be changed,” Ms. Ferschke said. “So I came to beg lawmakers to change that and not force my daughter-in-law and my grandson to leave the country.”

Comprehensive Immigration Reform Must Protect Privacy And Civil Liberties, Says ACLU

October 13, 2009
1:44 PM
ACLU
Claire O’Brien, (202) 675-2312; media@dcaclu.org

Comprehensive Immigration Reform Must Protect Privacy And Civil Liberties, Says ACLU
WASHINGTON - October 13 - Rep. Luis V. Gutierrez (D-IL) will join with other House Democrats this afternoon to outline priorities for comprehensive immigration reform legislation. The American Civil Liberties Union applauds Congress’s efforts to overhaul the broken immigration system and urges leaders in Washington to work for legislation that does not sacrifice civil liberties and personal privacy.


“The ACLU is encouraged by the willingness of congressional leaders to lay out details of immigration reform, but we strongly oppose any reforms that would unnecessarily violate the privacy of Americans,” said Michael Macleod-Ball, Acting Director of the ACLU Washington Legislative Office. “We urge lawmakers to reject any proposed immigration reform measures that include a biometric national worker ID system or a universal compulsory electronic employment verification system. These systems come at enormous cost to the American public and do little to prevent the hiring of undocumented workers. It is unacceptable to force Americans to be fingerprinted and photographed in order to work.”

The ACLU also calls on members of Congress to reject any legislation that gives state and local authorities a role in enforcing federal civil immigration laws. 287(g) agreements between the federal government and state and local law enforcement have led to racial and ethnic profiling across the country. Such agreements undermine effective law enforcement, creating an environment of fear that discourages immigrant communities from cooperating with the police. Cities and states cannot be allowed to supersede national immigration policy by enacting their own laws targeting immigrant communities.

Immigration reform legislation must also address due process failures embodied in current immigration law. Congress should pass provisions that end prolonged detention of people who pose no risk or danger; restore discretion so immigration judges can consider U.S. citizen children and spouses when rendering deportation decisions; and repeal summary procedures that deny fair immigration hearings.

“Comprehensive immigration reform must ensure American core values of due process and equal protection under the law, affording people the right to go to the federal courts to enforce the law and the Constitution,” said Joanne Lin, ACLU Legislative Counsel. “The power of courts to review the practices and policies governing implementation of legalization is essential to upholding fundamental rights, enforcing the Constitution, ensuring the rule of law and preventing bureaucratic abuses.”

10.12.2009

Wrong Paths to Immigration Reform

October 12, 2009
Wrong Paths to Immigration Reform

All last week the people of Phoenix witnessed public outbursts by their sheriff, Joe Arpaio, as he railed against the Department of Homeland Security for supposedly trying to limit his ability to enforce federal immigration laws. He vowed to keep scouring Maricopa County for people whose clothing, accents and behavior betrayed them as likely illegal immigrants. He said he had already nabbed more than 32,000 people that way, and announced his next immigrant sweep for Oct. 16.

The spectacle raises two critical questions that the Obama administration is in danger of getting wrong.

One is the specific question of whether the federal government should keep Sheriff Arpaio in its 287(g) program, which deputizes local law enforcement to act as immigration agents in street patrols and in jails. The answer is absolutely not. Sheriff Arpaio has a long, ugly record of abusing and humiliating inmates. His scandal-ridden desert jails have lost accreditation and are notorious places of cruelty and injury. His indiscriminate neighborhood raids use minor infractions like broken taillights as pretexts for mass immigration arrests.

To the broader question of whether federal immigration enforcement should be outsourced en masse in the first place, the answer again is no.

It was only days ago that Homeland Security Secretary Janet Napolitano unveiled a plan to repair the rotting immigration detention system. The Bush administration had outsourced the job to state, local and private jailers, with terrible results: inadequate supervision, appalling conditions, injuries and deaths.

Ms. Napolitano wants to centralize federal control over the system that handles detainees. But she insists on continuing to outsource and expand the flawed machinery that catches them, including 287(g) and a system of jailhouse fingerprint checks called Secure Communities, which increase the likelihood that local enforcers will abuse their authority and undermine the law.

Rather than broadening the reach of law enforcement, using local police can cause immigrant crime victims to fear the police and divert the police from fighting crime. It leads to racial profiling, to Latino citizens and legal residents being asked for their papers. Responsible sheriffs and police chiefs across the country have looked at 287(g) and said no thanks.

Programs like 287(g) rest on the dishonest premise that illegal immigrants are a vast criminal threat. But only a small percentage are dangerous felons. The vast majority are those whom President Obama has vowed to help get right with the law, by paying fines and earning citizenship. Treating the majority of illegal immigrants as potential Americans, not a criminal horde, is the right response to the problem.

10.06.2009

Agency Plans for Visa Push by Residents Made Legal

The New York Times
October 2, 2009
Agency Plans for Visa Push by Residents Made Legal
By JULIA PRESTON

Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency’s director said Thursday.

“We are under way to prepare for that,” Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency’s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress.

The citizenship agency faces a difficult balancing act, preparing for a potential workload bigger than any it has faced, based on legislation in early stages of discussion that is fiercely opposed by many lawmakers in Congress. Also, the agency must work to reduce backlogs and delays that have hampered its performance.

There are no official estimates of the number of illegal immigrants who would apply for legal documents. The Pew Hispanic Center and the Center for Immigration Studies, two research groups in Washington, estimate that at least 10.8 million illegal immigrants live in this country. But a large number of those would not be eligible for legal status for many reasons, including past immigration violations.

Currently, the citizenship agency can handle applications from about six million immigrants a year, Mr. Mayorkas said, including the time-consuming collection of fingerprints and other biometric identity information. Under some plans for legalization, the agency might receive that many applications in a few weeks.

An example of the planning, Mr. Mayorkas said, is an effort to improve the agency’s ability to receive applications via postal mail at secure reception points known as lockboxes. The agency currently receives about 65 percent of applications through lockboxes, which is more efficient than receiving them through local offices. The agency is trying to move quickly to receive all applications through lockboxes.

One idea calls for illegal immigrants to start the legalization process by verifying their presence in the United States through a simple registration form mailed to a lockbox, according to officials familiar with the planning.

As part of the planning, Homeland Security Secretary Janet Napolitano, Mr. Mayorkas and other officials have held meetings around the country in recent weeks to gather suggestions from the public for the overhaul.

The Obama administration’s planning contrasts with that of the Bush administration, which also supported a legalization program. Some opponents of President Bush’s proposal, which was defeated in Congress in 2007, cited the immigration agencies’ lack of preparation.

Some lawmakers who oppose the overhaul have questioned whether the planning was a good use of limited resources. “There is a risk to national security that they will take their eyes off background checks of immigrants,” said Representative Steve King of Iowa, the senior Republican on the House immigration subcommittee, “while they are busy setting up for legislation that has not been introduced in any way, shape or form.”