California is poised to nullify immigration enforcement ordinances in about a half dozen Inland Empire cities – and to continue to buck a national trend – by restricting the use of E-Verify, the national online database used to check the immigration status of workers.
Under the Employment Acceleration Act, passed by the state Senate last week and currently awaiting Gov. Jerry Brown’s signature, state and local governments could not require California businesses to use the database to ferret out undocumented employees.
California’s approach is an anomaly. States and cities across the country have passed laws that mandate use of the E-Verify system as part of a strategy to curb illegal immigration and ensure that scarce jobs go to U.S. citizens and legal residents.
The act conflicts with the Legal Workforce Act [PDF], a bill pending in the U.S. House of Representatives that would require the use of E-Verify by all American employers.
The California bill has been cited as a reason that the national legislation, which is being marked up this week in the House Judiciary Committee, is necessary.
“California has the second-highest unemployment rate in the U.S., yet elected officials in Sacramento just sent a bill to the Governor’s desk that will further diminish job opportunities,” bill sponsor Rep. Lamar Smith, R-Texas, said in a statement. “California’s E-Verify opt-out bill shows exactly why we need a federal E-Verify law.”
If the Employment Acceleration Act becomes law, it would create ripple effects at the local level, trumping city ordinances adopted in a number of Inland Empire cities – including Temecula, Lake Elsinore, and Lancaster – that currently mandate the use of the E-Verify system as a prerequisite to running a business.
Citing the importance of local control, state senators representing these communities have opposed the bill.
This year, we’re kicking off Hispanic Heritage Month with the disheartening news that Latinos, for the first time in American history, comprise the majority of inmates in federal prison. One reason for this, according to the Transactional Records Access Clearinghouse at Syracuse University, is the unprecedented amount of undocumented immigrants being arrested and charged rather than deported. The trend is a tactic on the part of the Obama administration, (and the Bush administration before them), says Walter Ewing, senior researcher at the Immigration Policy Center, to butter up conservative litigators for immigration reform.
“It’s a losing strategy because it’s never going to be enough for them,” Ewing told political watchdog site Colorlines, referring to members of Congress who demand “a secure border” before they can consider immigration reform.
Meanwhile, those sneaking into the United States to willingly perform labor for minuscule wages are finding themselves involved in a far more diabolic system than they bargained for. Namely, privatized prisons motivated by profit.
Corrections Corp. of America, (it sounds like something out of a Monty Python skit, but it’s sadly very real), runs more than 60 prisons and immigrant-detention centers across the country. According to the Center for Responsive Politics, a nonpartisan organization that tracks the effect of money on U.S. politics, CCA has spent more than any other corrections company–$17.6 million– lobbying politicians, contributing to their campaigns and hiring their former staff. They also lobby the Department of Homeland Security and its Immigration and Customs Enforcement division which just so happens to contract with CCA and other private companies for immigration-detention centers.
Though CCA says they only lobby to educate policy makers, one can’t help but notice that what they lobby for is tougher prison sentences. After all, it’s how they make their money.
On June 20, 2011, Pennsylvania State Rep. Tony Payton Jr. (D-Philadelphia) introduced the Pennsylvania Dream Act, HB 1695, which mirrors the failed national-level bill that would have granted undocumented youth in-tuition rates at public universities. If the bill is passed, Pennsylvania would become the 12th state, following the recent Illinois passage, to sign such legislation.
Presently, in Pennsylvania, in-state tuition costs for the 2011-2012 school year are $6,240, while out-of state tuition ranges from $9,360 to $15,600, according to the Pennsylvania State System of Higher Education. Undocumented students are not eligible for these in-state tuition rates, even though many of them have been residing in the state of Pennsylvania for significant periods of time.
The Pennsylvania legislation, like other state-level bills, builds a series of strict residency guidelines that undocumented students who request in-state tuition rates must demonstrate.
These guidelines, published by Dream Activist Pennsylvania, the main pro-immigration organization in Pennsylvania sponsoring the bill, include the requirement that students must have attended a public or nonpublic secondary school in the Commonwealth for at least three years. They must also have graduated from a public or nonpublic secondary school in the Commonwealth. And, in an often overlooked provision, students or their parents must have filed Pennsylvania income taxes annually for three years while attending school to qualify.
It's important to note that while the bill mirrors national-level legislation, states do not have the power to afford citizenship; only the federal government has that legal authority. Due to this fact, the Dream Act grants undocumented youth only the ability to attend college at in-state tuition rates, meaning that legally securing a job after receiving a degree is not possible.
In a paper published today by the Immigration Policy Center, former Arizona Attorney General and 2010 Democratic candidate for governor Terry Goddard strikes out at the state’s current border enforcement strategies and attempts to lay out what he sees as a superior binational approach to border security.
In criticizing Arizona’s current approach to border enforcement, Goddard writes, “Again and again, symbols trump reality, misinformation buries the truth.” Goddard is referring to recent efforts to build a massive wall, stretching the entire length of the U.S.-Mexico border, an effort derided by many as simultaneously impractical and ineffective. Goddard is similarly critical of the federal Secure Communities program, in which local law enforcement is employed to enforce immigration law. He argues that these largely symbolic and rhetorical efforts at securing the border could in fact be making current problems worse.
Goddard’s solutions to solving current problems at the Arizona-Sonora border focus not on undocumented immigrants but rather on what he sees as the larger issue in this region: Mexican drug cartels. He argues that the U.S. and Mexican governments must approach the cartels as business enterprises. In order to disable them, Goddard writes that the countries must work together to stanch the flow of money into these criminals’ hands.
For Goddard, because the Tucson Sector is the primary locus through which people and resources are smuggled back and forth across the border, it is here where any successful effort to abolish border violence must begin. This means that Tucson must serve as a model to the rest of the border region of how effectively securing the border starts not with capturing and deporting undocumented migrants, but with capturing and arresting the criminals that facilitate these individuals’ cross-border movement and propagate the border region’s larger criminal environment.
Deportation is clearly not punishment enough for the Obama administration. Not only has President Obama deported more people in his tenure than in any of his predecessors, his administration is responsible for the most aggressive spike in federal prosecutions of immigration offenses. Now, Latinos are the majority of those who are sent to federal prison for felonies, according to a new report (pdf) from the U.S. Sentencing Commission.
The spike, other numbers show, has been driven in large part by the federal government’s aggressive prosecution of immigration offenses.
Where once people who were caught trying to enter the country without papers were allowed to opt for voluntary removal and kicked back across the border, today the federal government is choosing to file charges against people and incarcerate people before deporting them. It’s a profound enough change in policy that it’s changing the demographics of incarceration rates.
In the first nine months of the year Latinos were 50.3 percent of all those who were sentenced to federal prison for felony convictions. Blacks made up 19.7 percent and whites 26.4 percent. Latinos are just 16 percent of the general population though, according to the Census. This is the first year that Latinos have become the majority of those sent to prison for federal felonies.
The aggressive prosecutions are driven by a failed political strategy, immigration experts say. The Obama administration has stepped up its enforcement efforts with the hopes of encouraging a recalcitrant Congress to take up comprehensive immigration reform. “They seem to be trying to look tougher and tougher on enforcement as a down payment on immigration reform in the future,” said Walter Ewing, senior researcher at the Immigration Policy Center.
On 9-11, three sixth-graders along with their teachers were among the passengers killed on American Flight 77 when terrorists crashed the plane into the Pentagon.
I remember later that month dropping in on a class of sixth-graders at May Street Elementary School here in Worcester to get a sense of how they saw themselves and their lives.
That trek ended up being a heartening experience, because in those students, during what was a bleak moment in this country’s history, I found hope, optimism and a hunger to be neighborly.
“What I have learned from this is that we should help each other,” Suzanna, one of the students, told me.
I can only hope now, 10 years after, that Suzanna and her classmates of that year are hanging on to their hopeful and neighborly sixth-grade badges.
Yet, if some of them have lost faith, I wouldn’t be surprised because the billowing dark clouds of that horrific day are still chasing the good in us, still stirring in us a growing hardness, and a crassness in behavior that is threatening to be the norm.
Although many think it is a good and even a righteous battle, there is hardness in the never-ending and costly war we have launched on terror.
We know of the 3,000 innocent lives that perished in those 9-11 attacks, but how many of us have reflected on, according to some estimates, the almost 1 million U.S., Afghan, Iraqi and coalition troops and civilians who have been killed over the course of the Iraq and Afghanistan wars?
We talked about ending these wars, but primarily the debate seems to be over the amount of money we will save, and not the number of lives.
Although many think it is necessary, there is hardness in how we engage one another.
In the days leading up to the tenth anniversary of 9/11, I walked around New York City with Nayana Sen and Leigh Thompson, asking people what they thought about immigration and the slurs too often used to describe immigrants today. We started out at Battery Park, where people take ferries out to see the Statue of Liberty and Ellis Island. The site is part of the Immigration and Civil Rights Sites of Conscience Network, committed to use historical perspective in order to stimulate ongoing local and national conversations on immigration and its related issues, promote humanitarian and democratic values, and treat all audiences as stakeholders in the immigration dialogue.
Inspired by the Sites of Conscience’s work, we asked people what they knew about their families’ roots in the U.S., what they thought about how immigrants are treated now and whether or not they agree with use of the i-word to describe people.
In most of our pre-interviews, people wanted to be on camera—but as soon as we said “immigration,” we got confused looks, artful turn-downs and fast walkers. It was a reality check about how unprepared and uncomfortable a lot of people feel when faced with this urgent topic.
WASHINGTON, D.C. – The Immigration Policy Center released a summary of recent data on Mexican migration to and from the United States. The data reveals an emerging new reality: fewer immigrants are coming, fewer are leaving, and a majority of the unauthorized population has been here for a decade or longer.
Although this data deals with Mexican immigrants as a whole and not just the unauthorized, it is a useful indicator of what is taking place in the unauthorized population. More than half (55 percent) of Mexican immigrants in the United States are unauthorized, and roughly three-fifths (59 percent) of all unauthorized immigrants are from Mexico.
The study comes on the heels of reports from the Pew Hispanic Center and the RAND Corporation about the state of immigration today. According to the Immigration Policy Center, the new trends suggest that U.S. immigration policies must transition away from the current efforts to drive out unauthorized immigrants with deep roots in this country, and move toward a more nuanced set of policies that help immigrants who are already contributing to the economy to more fully integrate into U.S. society.
Today, the Immigration Policy Center releases Using All the Tools in the Toolbox: How Past Administrations Have Used Executive Branch Authority in Immigration by Mary Giovagnoli, Esq. The paper examines the political battle over implementation of provisions of the Nicaraguan Adjustment and Central American Relief Act (NACARA) during the late 1990s.
It also looks at the role of executive branch authority during a key moment in the Bush Administration’s work on comprehensive immigration reform. Using the tools of executive branch authority, both the Clinton and Bush Administrations made the most of what the law had to offer, staying within the letter of the law, but opting for interpretations that reflected differing, but legally permissable, readings of the law. This lesson is worth recalling in the fight over prosecutorial discretion and administrative relief today.
The Department of Homeland Security’s (DHS) plan to review 300,000 immigration cases to assess whether they fall within the Administration’s enforcement priorities has already inflamed critics. Because the Administration may close some low priority cases in order to focus its limited resources on more serious cases, critics are immediately claiming this is an “amnesty.” But the DHS announcement is about using executive branch authority—in this case, prosecutorial discretion—to carry out its policy priorities.
The ability of whether the President can use discretion in the immigration arena has become the flavor of the month. The announcement by the DHS on August 18, 2001 under which 300,000 individuals who are low priority can hope to have their cases closed and obtain work authorization was welcomed. The details about how this policy will play out are nicely explained in a Legal Action Center advisory. Although many were pleasantly surprised by this policy, within days of the announcement even advocates for immigration reform have become skeptical about whether this policy will have a dramatic and far reaching impact. Obama supporters have even gone so far to accuse the Obama administration for mere window dressing in order to keep certain voters on his side in the next elections. Commentators such as Dan Kowalski also justifiably feel that ICE personnel will continue to ignore this policy, and choose not to exercise their discretion favorably.
While the President has his critics within the pro-immigration camp regarding his new announcement on discretion, the attempt by immigration restrictionists in Congress to blunt the June 17, 2011 Morton Memo on prosecutorial discretion when viewed in a larger context repeats an old pattern. For instance, Congressmen Lamar Smith (R-TX) and Senator Vitter have proposed a most unusual piece of legislation suitably called the HALT Act (Hinder the Administration’s Legalization Temptation Act) that will suspend all of the Administration’s discretionary relief until January 21, 2013, which is the day after the next Presidential inauguration.