Saturday, October 22, 2005

Immigration Enforcement in the Heartland

The Journal News, a local newspapers from Butler County in Southern, Ohio, in  a October 22, 2005 article, reports that County offocials have been encouraged by President Bush's statement on October 21 that he wanted to deporta all undocumented immigrants from the United States.  According to the article,

"Less than 24 hours after President George W. Bush announced a national initiative to reduce the numbers of illegal aliens living in the United States, Butler County officials launched its own initiative to rid the county of undocumented, foreign-born residents.In a joint press conference Friday morning, Sheriff Richard K. Jones, county Commissioner Michael Fox and state Rep. Courtney Combs, R-Hamilton, announced a multi-tiered program they said is the first of its kind in the country.  For starters, beginning on Monday Jones will be requiring a declaration of citizenship from all inmates booked into the county jail. Meanwhile, Combs is drafting new state legislation that will make it a state offense for illegal aliens to cross over Ohio's borders.  For his part, Fox is working on initiatives to discourage employers from hiring illegal aliens."

This is part of a pattern of state and local governments entering the immigration imbroglio.  A few months ago, a New Hampshire city tried to prosecute an undocumented man for violating state trespass laws, only to have a court throw out the charge.  Governors of California, Arizona, and New Mexico have taken steps to condemn illegal immigration.  On the private side, but with the support of some public officials, such as Congressman Tom Tancredo, the Minutemen have made a tour of the Southwest and "patrolled" the border.

One can only wonder where we will be going from here and what would happen if state and local governments were given more power over immigration and immigrant laws.  For example, how might local police go about assisting the federal government in enforcing the immigration laws if permitted to do so by the U.S. government?

Note also how the state and local officials felt encouraged to act by President Bush's statement about removals, even though it clearly is part of a ploy to get his immigration reform plan enacted by Congress.  As the first DHS Secretary admitted, it is not possible to remove all undocumented persons from the United States.  Nor does it seem possible, under current laws, to eliminate the growth of an undocumented population after "regularizing" those already here.  remember IRCA in 1986?  Still, President Bush's statements gave encouraged the Ohio locals to act and we probably will soon hear the Minutemen proclaiming that they are only seeking to help Presidnt Bush keep his promise.


October 22, 2005 | Permalink | Comments (0) | TrackBack (0)

Friday, October 21, 2005

Bush Determined to Deport Every Undocumented Alien

Earlier this week, as his administration continued to press for a guestworker program, President Bush stated that his goal is eventually to expel "every single" undocumented alien from the U.S. Bush believes that a temporary worker program would give the undocumented an incentive to come out of hiding and work for six years before being forced to leave. His newer, harder line is believed to be an attempt to assuage his conservative political base, much of which is upset over his nomination of Harriet Miers to the Supreme Court.
Source: The Washington Times, Oct. 19, 2005

October 21, 2005 | Permalink | Comments (0) | TrackBack (0)

Immigrants Detained at Katrina Job Site

Agents from the Immigration and Customs Enforcement agency detained more than 100 temporary contract workers on possible immigration violations. source: New Orleans Times-Picayune, Oct. 21, 2005

Earlier this week, Senator Mary Landrieu, a Louisiana Democrat, asked ICE to investigate reports that the use of undocumented workers by contractors hired to do Hurricane Katrina relief work was becoming "chronic." Her office received complaints that 75 electronicians hired to help put together a tent city at a Naval Air Station had been replaced by workers willing to work for less money. Based on that request, ICE conducted a raid on Wednesday and made the arrests.

Source: New Orleans Times-Picayune, Oct. 21, 2005


October 21, 2005 | Permalink | Comments (0) | TrackBack (0)

Anti-Immigrant Advertising Campaign

The group Let Freedom Ring, Inc. has been running a pair of ads promoting the idea of building "a state-of-the-art border security fence" along the US boundary with Mexico. It said it bought $100,000 worth of air time for the ad, which was seen nationally on CNN and Fox News. For critical commentary, see the article "We Need A Fence? TV ads say 'easy immigration from Mexico' provides cover for terrorists. But the 9/11 hijackers had visas. And what about Canada?" at With a threatened Tom Tancredo Presidential bid in 2008 on an anti-immigrant platform, the Minutemen (who Gerald Torres assures me are not popular in Texas), and ad campaigns like this, what kind of immigration "reform" can we expect? Are we returning to the dark days of nativism and racism of the early 1990s and Proposition 187?


October 21, 2005 | Permalink | Comments (0) | TrackBack (0)

University of California Linguistic Minority Research Institute

The University of California Linguistic Minority Research Institute has revised its website and expanded its scope to not only disseminate information about UC LMRI products and activities, but also to disseminate information from other organizations on linguistic minorities and on related populations of racial and ethnic minorities and immigrants. Examples:Recent research reports on linguistic minorities, racial and ethnic minorities, immigrants, student achievement, teachers and teaching, and educational reform; data and statistical information; educators on research, instructional materials, assessments, and resources; Proposition 227; Links to international, national, state, and university research centers and organizations; Selección de Recursos en Español.

Check out the website at

Lmresearch is a mailing list to distribute research information affecting linguistic, ethnic, and racial minorities and immigrants. To subscribe:


October 21, 2005 | Permalink | Comments (0) | TrackBack (0)

A New Amnesty?

Immigration Daily states the following about amnesties:

"Critics oppose legalization because it "unfairly" rewards lawbreaking and because amnesty encourages further illegal immigration. However, legalization is essential to any meaningful immigration reform. History has taught us that certain laws that fly in the face of reality are repealed, while reality is not. For example, Prohibition was eventually repealed because having a law prohibiting alcohol didn't prevent anyone from drinking and didn't provide reasonable justification for alcohol's ban, instead it created an underground economy where a few profited from supplying market demand. Moreover, it created a threat to public health and safety because bootlegging individuals often times concocted beverages which were poisonous and dangerous to the public and made lawbreakers out of people whose only crime was to imbibe a social drink occasionally. Similar parallels can be found with the unwise laws prohibiting squatters on the Louisiana Purchase lands from obtaining title. Likewise, opportunity to gain legal status must be afforded to the undocumented because our economy and the marketplace will continue to employ hardworking immigrants, regardless of their legal employment status. Failure to fix our broken immigration system will only continue to create an environment of exploitation resulting in harm to everyone living in America. The blame lies with Congress for its widely held belief that the term "amnesty" is pejorative. Amnesty is simply righting Congress's prior wrong. Amnesty is the right thing to do."

There has been much discussion over the last few years about the pros and cons of guest worker programs, which everyone knows is one of the priorities of the Bush administration. To this point, there has not been much of a defense of "amnesty" or "regiularization" programs, one part of immigration reform important to many immigrant rights activists.


October 21, 2005 | Permalink | Comments (0) | TrackBack (0)

Thursday, October 20, 2005

American Psychological Association Immigration Summit

The American Psychological Association is holding an expert summit on immigration in San Antonio, Texas on February 2, 2006.  Attached is a flyer with more information about the conference, and a call for posters:

Download summit_draft_for_call_for_posters1.doc

Download summit_newsletter_announcement1.doc


October 20, 2005 | Permalink | Comments (0) | TrackBack (0)

Red Cross Evicting Latino Katrina Victims?

Some rights groups are reporting discrimination and intimidation against Latinos in Red Cross shelters. Immigrants rights worker Victoria Cintra and her husband, who were displaced from their Mississippi home by Hurricane Katrina claims that immigrants are being victimized by the Red Cross. Cintra, who works for the Mississippi Immigrants Rights Alliance says she has witnessed the ejection of Latinos, under threat of deportation, from two Mississippi Red Cross shelters. She estimates that 50 to 60 Latinos left one shelter in West Harrison County and another 40 had to leave the Red Cross shelter in one site outside of Biloxi.

Source: Elena Shore, Pacific News Service, Oct. 19, 2005

October 20, 2005 | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 19, 2005

Undocumenteds Sue for U Visas

A group of undocumented immigrants, represented by Peter Schey, who were victims of violent crimes sued DHS on Tuesday, demanding that immigration authorities issue them U visas for cooperating with law enforcement. Under 2000 legislation, undocumented immigrants are eligible for U visas if they help law enforcement agencies in the investigation or prosecution of some crimes, including rape, domestic violence, murder and human trafficking. The visas would enable them to work and live in the U.S. without fear of deportaiton and to apply for LPR status after 3 years.

The suit was filed in Los Angeles on behalf of plaintiffs from California, Arizona, and Texas. A USCIS spokesman acknowledged that none of the special U visas have been issued anywhere in the U.S. because DHS is still working out procedures.

Source: Los Angeles Times, Oct. 19, 2005

October 19, 2005 | Permalink | Comments (0) | TrackBack (0)

Mexican Immigrants and the E.R.

Recent immigrants from Mexico are half as likely to use emergency rooms as U.S.-born whites and Mexican Americans, according to a study released Thursday by the University of California and the Mexican government. Fewer than 10% of recent Mexican immigrants - whether they came in legally or not - reported using an emergency room in 2000, according to the study, based on an analysis of the U.S. National Health Interview Survey conducted in 2000 by a unit of the U.S. Department of Health and Human Services. In contrast, 20% of U.S.-born whites and Mexican Americans used an emergency room during the same time period.

Source: Los Angeles Times, Oct. 14, 2005

October 19, 2005 | Permalink | Comments (0) | TrackBack (0)

New Urban Institute Report

A New Urban Institutute Report The New Demography of America's Schools: Immigration and the No Child Left Behind Act by

Randolph Capps, Michael E. Fix, Julie Murray, Jason Ost, Jeffrey S. Passel, Shinta Herwantoro

U.S. schools are experiencing rapid demographic change due to high levels of immigration, while they at the same time they are implementing the federal No Child Left Behind (NCLB) Act. NCLB holds schools accountable for the performance of limited English proficient (LEP) children and other groups that include many children of immigrants. This report describes the demographics of children of immigrants, and the considerable overlap among NCLB's protected groups: LEPs, low-income students, blacks, Hispanics and Asians. The report describes variations in characteristics among children with parents born in different countries, and discusses implications for NCLB implementation in high-LEP schools and districts. For the press release and link to the report, see

Immigrants in the public schools long has been a significant policy question.  Although immigration regulation is within the exclusive jurisidiction of the federal government, most elementary and secondary education, including that of immigrant children, is paid for by state and local government.  This is unlikely to change in the short-term and we will likely see fiscal pressures on many school districts to pay for the education.

October 19, 2005 | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 18, 2005

Confused Minuteman?

The El Paso Times reports that in a strange twist, a Minuteman was "dismissed" from the volunteer border patrol group for giving a ride, food and water to two undocumented immigrants.  The EPT reports that "[t]he incident, which occurred two weeks ago near Hachita, N.M., led the Border Patrol to investigate whether the patroller from the Minuteman Civil Defense Corps was helping or detaining the migrants, both illegal actions."  Here's the full story. :-)


October 18, 2005 | Permalink | Comments (0) | TrackBack (0)

Clinic Staff Attorney Position

UC Davis School of law is seeking an attorney to serve as staff attorney/lecturer for three clinical programs: Immigration, Civil Rights, and Prison Law. The three clinics share a common client group: immigrants who are detained in jails, immigration detention facilities, or prisons. Working in cooperation with the other clinical supervising attorneys, the attorney will supervise students who represent such persons in administrative or judicial proceedings. The attorney also will lead seminar discussions and critique students in their interviewing, counseling, negotiation, drafting, legal research and trial advocacy skills.

Experience in immigration law and/or federal litigation preferred. This is a fulltime year-to-year appointment in a non-tenure-track lecturer position. Spanish language skills are desired. California State Bar membership is preferred, or the applicant must otherwise be eligible to practice in Immigration Court, with a commitment to complete the California Bar examination during 2006.

Please send a resume and cover letter by November 15, 2005, to Professor Bill Hing, Chair of the Faculty Appointments Committee, School of Law, University of California, 400 Mrak Hall Drive, Davis, CA 95616. The University of California is an Equal Opportunity/Affirmative Action Employer and has a strong commitment to diversity among its faculty.

October 18, 2005 | Permalink | Comments (0) | TrackBack (0)

Immigration and Crime Article

Robert A. Mikos, "Enforcing State Law in Congress's Shadow," 90 Cornell L. Rev. 1411 (2005) analyzes, from a law and economics perspective, how federal sanctions based on violations of state law may cause defendants to contest state charges more vigorously, thus producing unintended consequences. First, the sanctions make it more costly to enforce state laws. Second, states may attempt to evade the harsh consequences under federal laws through a variety of means. Of particular interest to readers of this blog, Professor Mikos uses the federal immigration law's reliance on state criminal convictions as a basis for removal as one of his two case studies.   To download a copy of the article, see

October 18, 2005 | Permalink | Comments (0) | TrackBack (0)

National Center for Refugee & Immigrant Children Training (DC)

The National Center for Refugee & Immigrant Children was established in 2005 to match unaccompanied children released from U.S. custody with pro bono legal and social services. The Center was created by a generous grant from United Nations High Commissioner for Refugees Goodwill Ambassador, Angelina Jolie. The Center invites you to attend a free training session to learn the basic skills necessary to represent an unaccompanied child in immigration court. This training will include a review of key immigration laws and procedures as well as the unique requirements necessary to represent a child.

Date: November 2, 2005

Time: 4:00-7:00 p.m.

Location: Skadden, Arps, 1440 New York Avenue, NW, 11th Floor, Conference Room 11-A, Washington, D.C. 20005 To register for the training, please reply to or via fax at 202-393-5760.

October 18, 2005 | Permalink | Comments (0) | TrackBack (0)

Immigration Testimony LIVE on Oct. 18

Michael Chertoff, Secretary of Homeland Security, and Elaine L. Chao, Secretary of Labor, appear at a Senate Judiciary Committee hearing on immi gration reform. The Senate is now considering the McCain-Kennedy bill, which creates a guest worker program, and the Cornyn-Kyl bill, which focuses on improved border security. To watch live, see

October 18, 2005 | Permalink | Comments (0) | TrackBack (0)

Monday, October 17, 2005

No immigration reform this year?

The Associated Press, quoting John Cornyn, is reporting in a tiny story here that the Senate will not consider issues of immigration reform until January. jc.

October 17, 2005 | Permalink | Comments (0) | TrackBack (0)

U.S. Committee of the Judiciary Hearing (Oct. 18) on Comperehensive Immigration Reform II

Here's the latest on the immigration reform hearing today before the Judiciary Committee:

Download statement_of_secretary_michael_chertoffjudiciary_committee101805final.doc

Secretary Chertoff offers a three-pronge approach to immigration reform:  (1) increased border enforcement; increased interior enforcement; and (3) a guest worker program.  He fails to offer an explanation (1) why increased enforcement is likely to be effective, (2) what kind of interior enforcement he envisioned besides removing "criminal aliens" and the same old past policies; and (3) why the nation really needs a guest worker program.  It sounds like the same-old piecmeal approach to immigration reform.

Download labor_secretary_s_twp_testimony_v2_clean_1_.doc

Secretary of Labor Elaine Chao agrees with Secretary Chertoff.  She endorses a guest worker program for U.S. labor (emplpoyer) needs. She does not really mention interior, especially workplace, enforcement.

Download SharryTestmy.doc

Frank Sharry, Executive Director of National Immigration Reform,  advocated the need for an imaginative, comprehensive strategy for reform, much more realistic than that pursued by the Bush Administration.  There is much to support Sharry's position.

Download KrikorianTesmy.doc

Mark Krikorian of the restrictionist Center for Immigration Studies, endorses greater enforcement, greater enforcement, greater enforcement . . . .

Download MasseyTestmy.doc

Professor Dopuglas S. Massey sees the immigration systems as broken and the worst of all worlds.  He also sees the issues as primarily dealing with immigratuion from Mexico.

Immigration guru Dan Kowalski's response:  "Chertoff promises to end `catch and release.'  Query: Where to detain all those formerly released?  Prediction: ICE will build "tent cities" in the desert, raising all sorts of civil rights questions.  Plus, building those tent cities will be a juicy plum for...Halliburton?"

October 17, 2005 | Permalink | Comments (0) | TrackBack (0)

Immigration and Criminal Law

The crossover between immigration and criminal law is one of the most complex and technical areas of law today. The Defending Immigrants Partnership is a collaborative effort of several organizations designed to educate and assist criminal defenders who represent noncitizens. To learn more about the Partnership and to see the analyses of criminal laws in several states, see One of the participant partners is the Immigrant Legal Resource Center in San Francisco. One of the ILRC's related projects is the Families and Community Against Deportation project designed to provide information and support to familes affected by deportation. Contact Angie Junck at, for more information

October 17, 2005 | Permalink | Comments (0) | TrackBack (0)

Manhattan Institute Poll on Immigration

According to a Manhattan Institute for Policy Research poll, likely Republican voters, do not favor an enforcement-only approach to illegal immigration. A new poll of 800 registered "likely" Republican voters conducted by the Tarrance Group for the Manhattan Institute on October 2-5, 2005 show that the Republican rank and file strongly favor earned legalization for all illegal immigrants, and enacting this reform would have a positive impact on their view of Congress and President Bush. For details, see

The poll is consistent with the fact that Republicans are not monolithic on immigration, with the nativist wing having very different views than the free marketeers. One of the difficulties posed to immigrants rights activists is that the Pat Buchanan. Tom Tancredo, and Minutemen get much more press.  Watch Lou Dobbs on CNN almost any night of the week to check this out.  In addition, anti-immigrant activists can tap into populist appeal against big government, big business, and "illegal aliens."  This tack also appeals to some rank-and-fiile Democratic voters.  What can be done?

October 17, 2005 | Permalink | Comments (0) | TrackBack (0)