October 15, 2005
October 2005 Rural Migration News summarizes the most important migration-related affecting immigrant farm workers in California and the United States during the preceding quarter. Topics are grouped by category: Rural Areas, Farm Workers, Immigration, Other, and Resources. There are two editions of Rural Migration News. The paper edition has about 10,000 words, and the email version about 20,000 words. Distribution is by email. If you wish to subscribe, send your email address to: email@example.com Current and back issues can be accessed at: http://migration.ucdavis.edu There is no charge for the email Migration News. The News is the brainchild of Philip Martin, Department of Agricultural Economics, University of California, Davis, California 95616 USA.
Border Patrol Agents Sentenced
Two Border Patrol Agents involved in a scheme to smuggle drugs and undocumented immigrants were sentenced in El Paso on Wednesday. David Garcia was sentenced to two years in Prison and Jesus Delgado to one year plus one day. Garcia pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance (50 kilograms of marijuana) through a checkpoint for $1,000.
Source: El Paso Times, Oct. 13, 2005
October 14, 2005
Guatemala Seeks TPS in U.S. for its Citizens
On October 14, it was reported that the president of Guatemala, Oscar Berger, asked his American counterpart, George W. Bush, a special treatment for thousands of undocumented immigrants, as a way to contribute to alleviate the disaster caused by heavy rains, that left over two thousand dead and disappeared. "I told (on a telephone call) the president (Bush) that the Temporary Protected Status (TPS) is the best contribution he could make to our country, as a symbol to our brothers and sisters that live abroad, but that means an enormous contribution to the economy", said the Guatemalan president. "I understand that (Bush) will make his best effort. That’s what he told me", on the telephone call that he received on Thursday, when the American president gave him his condolences and promised to help in the process of reconstruction. TPS is a special permission that the United States grants to undocumented nationals of countries that suffer natural disasters or armed conflicts. Detentions and deportations are stopped during the period of protection. Thanks to Dan Kowalski for the tip!
New Immigration Study
Rethinking the Gains from Immigration: Theory and Evidence from the U.S. by Gianmarco I.P. Ottaviano, Giovanni Peri - #11672 (ITI LS)
Recent influential empirical work has emphasized the negative impact immigrants have on the wages of U.S.-born workers, arguing that immigration harms less educated American workers in particular and all U.S.-born workers in general. Because U.S. and foreign born workers belong to different skill groups that are imperfectly substitutable, one needs to articulate a production function that aggregates different types of labor (and accounts for complementarity and substitution effects) in order to calculate the various effects of immigrant labor on U.S.-born labor. We introduce such a production function, making the crucial assumption that U.S. and foreign-born workers with similar education and experience levels may nevertheless be imperfectly substitutable, and allowing for endogenous capital accumulation. This function successfully accounts for the negative impact of the relative skill levels of immigrants on the relative wages of U.S. workers. However, contrary to the findings of previous literature, overall immigration generates a large positive effect on the average wages of U.S.-born workers. We show evidence of this positive effect by estimating the impact of immigration on both average wages and housing values across U.S. metropolitan areas (1970-2000). We also reproduce this positive effect by simulating the behavior of average wages and housing prices in an open city-economy, with optimizing U.S.-born agents who respond to an inflow of foreign-born workers of the size and composition comparable to the immigration of the 1990s.
Wal-Mart Janitors' Lawsuit
U.S. District Judge Joseph Greenaway denited Wal-Mart's motion to dismiss a suit filed by janitors who were rounded up in immigration raids at Wal-Mart stores. The judge allowed claims on overtime pay and minimum wage to stand, while dismissing other claims, including one that alleged workers were subject to involuntary servitude. Last spring, Wal-Mart agrred to pay an $11 million civil fine to end a federal probe into the use of undocumented workers in 21 states.
Source: Newsday, Oct. 8, 2005
CHEWBACCA TO BECOME A U.S. CITIZEN
On October 14, 2005, the Asociated Press reported that
"A long time ago, in a galaxy far, far away, a Wookiee named Chewbacca growled and howled his way through "Star Wars" movies. On Monday, the actor who played him will take the oath to become an American citizen. British-born Peter Mayhew, 60, will be among 441 people who will become naturalized Americans in a ceremony in Arlington, Texas. His wife of six years, Angelique, is a Texan."
Glad that the moral character and "attached to constitutional principles" requirements did not pose any problems for good ol' Chewy. :) Sci fi afficionado (and Professor) Arturo Gándara scooped this story for the ImmigrationProf Blog.
October 13, 2005
Immigration Violations and VAWAThe House and Senate versions of the Violence Against Women Act (VAWA) of 2005 contain provisions that have raised concern by the American Immigration Lawyers Association. The Senate version contains an amendment offered by Senator Jon Kyl (R-AZ) that authorizes any federal agency to collect DNA samples from anyone who is arrested or any non-U.S. person who is detained under federal authority and add these DNA profiles to the federal (CODIS) DNA database. Under this proposal, people who are detained on possible immigration violations may be foreced to submit their DNA to federal officials, even if no criminal or immigration proceedings are initiated. The House version of VAWA includes an amendment offered by Representative Steven King (R-IA) that would prohibit any person convicted of domestic violence from sponsoring a visa applicant in the future. By punishing the innocent relatives of people convicted of such crimes, the proposal will have the serious negative effect of discouraging domestic violence survivors from reporting their abusers. bh
The October 2005 issue of Migration News published by Economist Phil Martin at U.C. Davis is now available. Migration News summarizes the most important immigration and integration developments of the preceding quarter. The purpose of Migration News is to provide a quarterly summary of recent immigration developments that can be read in 60 minutes or less. Distribution is by email. If you wish to subscribe, send your email address to: Migration News firstname.lastname@example.org Current and back issues may be accessed via Internet on the Migration News Home Page http://migration.ucdavis.edu There is no charge for an email subscription to Migration News.
October 12, 2005
"Crime Control" and the Border
The AP reports that The U.S. government is dispatching federal agents to Texas. The "Violent Crime Impact Team" will go to the border city of Laredo, Attorney General Gonzales told reporters Wednesday at the Justice Department. The team will likely include agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service; FBI; and Drug Enforcement Administration. The El Paso Times ran this brief story about the Team.
Such teams have been deployed before along the southern border. This effort and others like it bear close watching by those interested in the interplay between the federal government's crime control and immigration control measures.
New Immigration and Human Rights Articles
Abdel-Monem, Tarik. How far do the lawless areas of Europe extend? Extraterritorial application of the European Convention on Human Rights. 14 J. Transnat'l L. & Pol'y 159-214 (2005).
Martin, Charles H. Comparative human rights jurisprudence in Azerbaijan: theory, practice and prospects. 14 J. Transnat'l L. & Pol'y (2) 215-251 (2005).
May, Joseph. Comment. An analysis of selected holdings by the Inter-American Court of Human Rights. (Berenson Case, Judgment of Nov. 25, 2004, Inter-Am. Ct. H.R., Ser. C, No. 119, 2004, available at http://www1.umn.edu/humanrts/iachr/C/119-esp.html, last visited Feb. 20,
2005.) 20 Am. U. Int'l L. Rev. 867-902 (2005).
Roxstrom, Erick, Mark Gibney and Terje Einarsen. The Nato bombing case(Bankovic et al. v. Belgium et al.) and the limits of Western human rights protection. 23 B.U. Int'l L.J. 55-136 (2005).
Shapovalov, Aleksandr. Should a requirement of "clean hands" be a prerequisite to the exercise of diplomatic protection? Human rights implications of the International Law Commission's debate. 20 Am. U. Int'l L. Rev. 829-866 (2005).
Short, Farrah-Marisa Chua. Comment. An experiment in protecting workers' rights: the garment industry of the U.S. Commonwealth of the Northern Mariana Islands. 7 U. Pa. J. Lab. & Emp. L. 971-989 (2005).
Beckman, Kristin L. Comment. Banned from the bar: classification of the temporary alien in Louisiana. 51 Loy. L. Rev. 139-164 (2005).
Stewart, Loren G. Student article. Pointing towards clarity or missing the point? A critique of the proposed "social group" Rule and its impact on gender-based political asylum. 8 J.L. & Soc. Change 37-62 (2005).
SUMMER REFUGEE/WOMEN'S RIGHTS LAW CLERK POSITIONS
The Center for Gender and Refugee Studies (CGRS), a national research and advocacy organization that works in support of women seeking asylum from gender persecution, seeks full-time Law Clerks for Summer 2006. The Center is based at UC Hastings in San Francisco and directed by Resident Scholar Karen Musalo.The law clerks will be involved in the full range of CGRS's work, and will be engaged in research and writing on key legal issues (including appellate advocacy), the development of country conditions information, including the preparation of expert witness affidavits, and national policy work carried out in collaboration with partner organizations. For more information on CGRS, see <cgrs.uchastings.edu/>. Experience or background in immigration or asylum law required. Positions run from June 1 to Aug. 15; salary approximately $2150/month. Each year, CGRS awards the "Judith Stronach Women's Rights Fellowship" to the student law clerk whose idealism and dedication to women's rights and refugee rights exemplifies the highest ideals of service and commitment to social justice. Interested applicants should mail a letter, resume, writing sample, and references, postmarked by December 16, 2005, to the addressed listed below.
CGRS Summer Law Clerk Position, UC Hastings College of the Law, 200 McAllister Street, San Francisco, CA 94102.
The cover letter should include how the applicant's background is relevant to an organization committed to diversity in all respects. CGRS is an equal opportunity employer (EOE). All qualified persons including people of color, lesbians and gay men, and women are encouraged to apply. Please also indicate eligibility for work study (not required). Please no calls; no applications by fax or email.
A report by the Arizona Hispanic Chamber of Commerce notes a monumental shift taking place across the country and in Arizona: a wave of second-generation Latinos will give rise to sweeping changes. In 15 years, the group, which is the logical result of decades of heavy immigration to the U.S., will reach 21.7 million, the largest group among Lainos, outnumbering immigrants and third-generation Latinos. Already, today's 20- to 30-somethings are the leading edge of the transformation, and their impact is being felt in music, food, classrooms and businesses. Latinos' share of purchasing power in the U.S. will nearly double over the next decade, to more than 11 pecent. In 2009, they will spend $1 trillion.
Source: Yvonne Wingett, Arizona Republic, Oct. 11, 2005.
Texas Joins (Anti) Immigration Bandwagon
Governor Rick Perry of Texas has decided to join the governors of Arizona (declaring a state of emergency along the border), California (declaring the need for a California Border Patrol and praising the Minutemen), and New Mexico (declaring a state of emergency along the border) in the national immigration debate. Perry announced a "Border Security Plan" that will fully utilize state and local police, and have the National Guard provide training and participate in exercises, to combat the "border threat." For details, see Download 1012_border_security_laredo.pdf
Although it has little to do with immigration, "America's team," the New York Yankees, were eliminated in the MLB playoffs by the Los Angeles Angels (which, if translated from Spanish, means "The Angels Angels").
The Impact Of Our Laws On American Families Catholic Legal Immigration Network, Inc. provides a detailed 80- page report on the harsh consequences to American families from our unjust immigration statutes. http://www.ilw.com/articles/2005,1012-clinic.pdf
The Congressional Research Service produced a report on immigration policy on expedited removal of aliens. http://www.ilw.com/immigdaily/news/2005,1012-crs.pdf
Fundamental Immigration Reform on the Horizon?
From the Immigration Daily (Oct. 12, 2005) at www.ilw.com
"The severe retrogression that we have witnessed of late has brought to the fore some critical problems with our system of legal, employment-based immigration. Congress is apparently working on several allievating measures. The scale of the problems, this time, however, is so large, that some of the solutions that Congress enacts may have repurcussions beyond legal, employment-based immigration. What retrogression fundamentally highlights is that our system for legal, employment-based immigration is one where demand and supply are totally out-of-whack. In bringing them closer to alignment, Congress will likely move some direction along solving the larger mis-alignment between supply and demand that is the foundation for the large undocumented population that we currently have. Of course, there are some like Rep. Hayworth who apparently believes that the US Congress can suspend the law of supply and demand, but fortunately, he is in the minority in holding this opinion, as a vote on the floor of the House will likely show. Immigration policy over the next few weeks and months will be at a critical juncture - a wise choice by Congress will bring much benefit to the nation, and an unwise choice will doubtless set up a much bigger confrontation with reality in the future. In ordinary circumstances, we can count on our politicians to postpone the inevitable to a day of future reckoning, though one should not blame them overly for this natural shortcoming. But this time, a postponement may have significant political costs to one or both political parties. The stars appear to be aligning for fundamental immigration reform. It may be here earlier than anyone thinks."
Isn't it wishful thinking to suggest the possibility that "fundamental immigration reform" is a distinct possibility in the near future? What shape might that form take? Would the Minutemen's proposals carry sway in these times?
October 11, 2005
State and Local Immigration Regulation?
Paul Vitello's October 6, 2005 New York Times article "As Illegal Workers Hit Suburbs, Politicians Scramble to Respond" http://www.nytimes.com/2005/10/06/nyregion/06immigrate.html raises the issue whether it makes sense for state and local government's to be making laws affecting immigrants and immigration enforcement. Varied policies toward immigrants often are spurred by the emotional politics surrounding immigration law. The heated controversies over the regulation of day laborer pick-up sites, enforcement of zoning ordinaces, calls for state troopers to enforce the immigration laws (or creation of a California Border Patrol, as Governor Arnold advocated on Los Angeles talk show radio) suggests that state and local governments may be too susceptible to anti-immigrant impulses. Thanks for the tip Lee Hall!
Zavala v. Wal-Mart and the TVPA
In the recently decided case of Zavala, et al. v. Wal-Mart, 2005 WL 2473662 (D.N.J.), Wal-Mart and other defendants moved to dismiss claims brought against them by a class of undocumented migrants under common law tort, the Fair Labor Standards Act, and RICO. The District Court granted the Defendants' motion to dismiss plaintiffs' RICO claims. The plaintiffs had raised involuntary servitude as one of many alleged predicate offense for the RICO claim. The portion of the decision dismissing the RICO claims as predicated on involuntary servitude is based entirely on case law that preceded the Trafficking Victims Protection Act. Did the court miss an important point of the TVPA, which not only makes involuntary servitude a predicate offense for RICO, but also expands the definition (or at least codifies an expansive definition) of involuntary servitude?
On 09/29/2005, the Subcommittee on Immigration, Border Security, and Claims Oversight held a hearing on "Dual Citizenship, Birthright Citizenship, and the Meaning of Sovereignty." For the testimony of Professors John Eastman (Chapman) and Peter Spiro (Georgia),as well as related material, see
PBS Series on Rodi Alvarado Case
The National Immigration Project urges you to tune in to PBS TV on Oct. 26 to watch the story of Rodi Alvarado, the courageous asylum seeker who fled Guatemala after suffering ten years of brutal domestic violence. Rodi's story will be featured on "Destination America," a four-part series examining an array of immigration and refugee issues. The fourth episode, airing Oct. 26 (check local listings for times), features a segment on Ms. Alvarado's claim for refugee protection, entitled "Breaking Free: A Woman's Journey." Rodi Alvarado's highly publicized case is at the center of the push for protecting women who flee serious violations of their human rights. More information is available here: http://cgrs.uchastings.edu/campaigns/rodi/
Check local listings here http://www.pbs.org/destinationamerica/