June 3, 2006
We are All Better Off Tonight -- NOT!!!!!!!!!!: Arrest and Deportation of Kitchen Workers in Austin
An owner of Texas French Bread is angry after state and federal agents raided his West Campus restaurant and bakery Thursday morning and arrested five kitchen workers on immigration charges. Frederick Murph Willcott, who owns the business with his mother and brother, is angry at his employees, saying they gave him fake work visas and lied when he asked them whether they were in the country legally. Click here for the full story.
As the immigrtaion reform debate continues, we can expect the Bush administration to step up enforcement efforts, see, e.g., sending the National Guard to the border, to show that the president is really serious about border enforcement.
Will Constitutional Problem Derail Immigration Reform?
A procedural glitch is adding new, and possibly significant, hurdles to the drive in Congress to approve sweeping changes to immigration policy.
The problem stems from the Senate bill that would create a guest-worker program and a path to citizenship for many of the illegal immigrants in the United States.
Participants in the guest-worker program would pay income taxes; illegal immigrants would, as part of the legalization process, be required to pay back taxes and new fees.
The Constitution, however, gives the House sole authority to originate bills that include revenue measures and it allows any House member to object if a Senate bill does so.
Late last week, Senate aides said they received word from the House Ways and Means Committee, which has jurisdiction over revenue issues, that it would use that constitutional power to block further consideration of the Senate bill. For full article, click here.
Immigration and African Americans
Latino and African-American activists are trying to lessen
the static between their communities generated by the massive immigrant marches
of the past few months. The time is ripe. Black hostility could be a serious
blow to the political aspirations of both communities.
Several meetings have taken place in cities like Los Angeles and Oakland, Calif., with organizers frankly discussing the tensions and the ways to address them. An article byRene Ciria Cruz.
June 2, 2006
Another National Security Case Goes Array
Recall a pre-September 11 case in which a "foreigner" was accused of endangering the national security? Well, the government and five news organizations agreed Friday to pay former nuclear scientist Wen Ho Lee $1.6 million to settle his lawsuit that accused officials of wrongly identifying him as a suspected spy for China. Lee sued the Justice Department and the Energy Department claiming officials violated his privacy rights when they leaked damaging information about him to the press during a 1999 investigation into files allegedly missing from the nuclear research facility at Los Alamos, New Mexico. Lee was fired from his job and spent nine months in solitary confinement but was never charged. He was released in 2000 after pleading guilty to mishandling computer files, and he received an apology from a judge for his treatment. Click here from the story.
Will you feel safer tonight?
Important Victory in BIA Streamlining Case
In Purveegiin v. Gonzales, the court of appeals of appeals reversed a BIA decision and ruled that the decision to employ single-member review is not a matter “committed to agency discretion.” The regulations provide a “meaningful standard against which to judge the agency’s exercise of discretion,” see Heckler, 470 U.S. at 830, and confer “important procedural benefits” on participants, see Am. Farm, 397 U.S. at 538-39. The agency’s invocation of these provisions is properly subject to judicial review and will be overturned if “arbitrary” or “capricious.” 5 U.S.C. §§ 702, 706(2)(A); see Smriko, 387 F.3d at 296-97." "This case presented a clear factual disagreement between the reviewing Board member and the immigration judge. Panel review was not only appropriate, but required. The Board’s decision to resolve this case through single-member order was arbitrary and capricious, warranting remand for reconsideration by a panel." See the decision at Download purveegiin_v. Gonzales.pdf
Expedited Removal First
As part of the Department of Homeland Security’s (DHS) Secure Border Initiative, U.S. Immigration and Customs Enforcement (ICE) today announced that the first group of 10 family units was deported to Honduras via government aircraft. The flight departed the morning of Thursday, May 25 from the San Antonio International Airport, arriving in Honduras that afternoon.
A total of 120 people boarded the flight, including 21 individuals who were part of family units. ICE worked closely with the Honduran Consul and other Honduran government officials to organize the return, obtain travel documents and country clearance. Under new DHS policy, family units are now subject to Expedited Removal, a process that provides DHS with the authority to expeditiously return applicable illegal aliens to their country of origin as soon as circumstances will allow. As a direct result of this new policy this first group of families spent a total of 10 days at the facility.
New Immigration Law Review Articles
Distinti, Anthony. Note. Gone but not forgotten: how section 212(c) relief continues to divide courts presiding over indictments for illegal reentry. 74 Fordham L. Rev. 2809-2845 (2006).
Hall, Lee. Nomads under the tent of blue: migrants fuel the U.S. prison industry. 6 Rutgers Race & L. Rev. 265-363 (2004).
Hartnell, Helen Elizabeth. Belonging: citizenship and migration in the European Union and in Germany. 24 Berkeley J. Int'l L. 330-400 (2006).
Symposium: Globalization and the New Politics of Labor, Indiana University School of Law-Bloomington, February 11-12, 2005. Articles by Carol J. Pier, Sarah Paoletti, Janie Chuang, Kenneth G. Dau-Schmidt, Carmen Brun, Dawn Lyon, Kevin Kolben and Peer Zumbansen. 13 Ind. J. Global Legal Stud. 77-312 (2006).
2005 Data from Office of Immigration Statistics
Here are some new reports that have just been issued by the federal government's Office of Immigration Statistics:
NEW 2005 FLOW REPORT ON LEGAL PERMANENT RESIDENTS
NEW! 2005 FLOW REPORT ON REFUGEES AND ASYLEES
NEW! 2005 DATA ON LEGAL PERMANENT RESIDENTS AVAILABLE ON LINE
HAVE YOU SEEN...
Legal Permanent Resident Population Estimates for 2004
DID YOU KNOW...
Older editions of the *Yearbook of Immigration Statistics* back to 1996 are at:
TWO WAYS TO OIS
The Ninth Circuit's Efforts to Manage Its Immigration Caseload
The Ninth Circuit has posted information on its website about a discussion of attorneys, judges, and law professors about managing the Court's immigration caseload. Holly Cooper, Mmargaret Johns, and Cappy White from UC Davis attended. According the Ninth Circuit, "[t]he federal circuit court with the most immigration appeals is also the court most active in finding innovative new ways to expedite the legal process while continuing to respect the rights of would-be residents and asylum seekers." Click here for more from the Ninth Circuit.
Job Opening at International Rescue Committee
DIRECTOR, NATIONAL IMMIGRATION PROGRAM,
The IRC Regional
Resettlement Offices (RROs) in the US is seeking a director of its immigration programs.
SCOPE OF WORK:
The Director of the
National Immigration program will supervise the Headquarters team and oversee
U.S.resettlement immigration programs throughout the network of Regional Resettlement Offices. The Director will also manage the immigration services provided by IRC’s anti-trafficking programs. In addition, the Director will lead and coordinate the organization’s representation with the various government agencies with regard to immigration matters.
The Director of the National Immigration Program will report to the Vice President of Resettlement programs. The Director will work closely with immigration staff throughout the Regional Resettlement Offices, and will liaise with colleagues in the Government Relations Department and the President’s Office.
ESSENTIAL JOB FUNCTIONS:
Strategic Planning & Network Development:
· Provide oversight and leadership for the development and coordination of national and field-based activities related to immigration;
· Lead the annual strategic planning process and execute the strategic action plan for a national immigration network;
· Work closely with colleagues in other departments to develop and implement agency-wide policy, protocols, and practice on immigration that are consistent with existing IRC policies and procedures;
· Promote an innovative learning environment through knowledge management mechanisms that facilitate the systematic exchange of information, good practices, and lessons learned.
· Provide day-to-day direct management of national immigration; recruit, supervise, and evaluate immigration program staff, volunteers, and interns;
· Monitor regional and local immigration projects to ensure effective program and fiscal management and sustainability;
· Ensure high quality immigration services through monitoring and training;
· Ensure effective management of the immigration programs through the implementation of monitoring and evaluation systems and coordinated management mechanisms.
Technical Assistance & Capacity-Building:
· Provide supervision and technical support to field and headquarters staff on immigration issues, legal trafficking issues, service delivery, program development and management, resource development, policy issues, and legal matters (in consultation with General Counsel and Vice President of Resettlement) ;
· Conduct program monitoring site visits, as necessary, to resettlement office field locations;
· Conduct network and external trainings to strengthen the capacity of the IRC network and network relationships. This will include the development of training curricula, manuals, memoranda, and other materials; and delivery of trainings, workshops, and seminars.
Representation & Advocacy:
· Serve as a focal point on immigration within the organization, as well as with governmental and non-governmental networks;
· Act as media spokesperson as requested by the Communications Department;
· Work collaboratively with a wide range of administration partners, including the Department of Homeland Security’s divisions of ICE/CIS/CBP and various General Counsel Offices, issues of admission or as assigned with the Department of State’s BPRM and the Department of Justice.
· Represent the International Rescue Committee on various non-governmental and inter-governmental task forces.
· Bachelors Degree + J.D.
· Licensed Member of Bar Association
· Min. 6-8 yrs. progressive work experience involving legal immigration services;
· Min 3 yrs. senior management experience, including program development, monitoring & evaluation, and supervisory experience – Previous advocacy experience desirable;
· Strong analytical, training, oral and written communication, and team-building skills;
· Excellent written + oral communication skills: the ability to communicate effectively with colleagues and partners in a cross-cultural, multi-disciplinary environment, and the ability to present to a varied public;
· Solid diplomatic and networking skills: the ability to effectively manage a variety of internal and external relationships, including relationships with media/communications and donors;
· Proven people management and leadership skills: the ability to lead staff and promote productivity in a pleasant work environment;
· Excellent interpersonal skills: the ability to work effectively with partners and colleagues in a cross-cultural, multi-disciplinary environment;
· Solid organizational skills with the ability to juggle multiple tasks, set priorities, effectively manage time, and meet deadlines;
· The ability to be flexible and work well under pressure in a fast-paced team environment;
· Solid Computer skills: facility with MS Word, Excel, and email/internet software.
Reports to: Vice-President of Resettlement
Position: Regular Full-time Exempt – H49
April 14, 2006
April 14, 2006
To apply submit resume and salary requirements online: www.ircjobs.org
Release of the 2006 Trafficking in Persons Report
Secretary of State Condoleezza Rice will release the sixth annual Department of State Trafficking in Persons Report on Monday, June 5, at 1:30 p.m. in the State Department's Press Briefing Room. Following Secretary Rice's opening remarks, Ambassador John R. Miller, the Secretary's Senior Advisor on trafficking in persons, will respond to press queries, on the record and on camera. The 158-country report is the most comprehensive worldwide report on the efforts of governments to combat severe forms of trafficking in persons, or modern-day slavery. Its findings will raise global awareness and spur countries to take effective actions to counter trafficking in persons. The assessment includes reports on countries determined to have a significant number of victims of severe forms of trafficking. This year, there will be a greater emphasis on forced labor trafficking, including domestic servitude and debt bondage. The entire report is EMBARGOED until the end of the press briefing at approximately 2:30 p.m. on June 5. Electronic Access to the Report via Internet The full text of the report will be available for downloading from the State Department website at www.state.gov as soon as possible after the briefing on Monday, June 5.
More on Texas Being Texas (Not Tejas being Tejas); Check Out a Draft GOP Immigration Plank
There is lots cooking in texas! Texas correspondent Cappy White has uncovered the following development. At the GOP state convention last night, the Temporary Platform Committee issued a three page platform proposal on immigration that includes identifying and expelling all illegal immigrants, denial of access to the courts to seek entry into the United States and the prohibition of social or healthcare services. Under the section dealing specifically with illegal immigration, the title includes the phrase, "No amnesty! No how. No way." The proposal must be approved at the formal Platform Committee meeting this evening. It will be presented to the full convention for ratification, along with the rest of the platform, on Saturday afternoon. Check it out by clicking here.
Texas Never Surprises -- Let's Have Vigilantes on the Internet Enforcing the Border
The BBC is reporting that Texas is enlisting web users in its fight against illegal immigration by offering live surveillance footage of the Mexican border on the internet. The plan will allow web users worldwide to watch Texas' border with Mexico and phone the authorities if they spot any apparently illegal crossings. Texas Governor Rick Perry said the cameras would focus on "hot-spots and common routes" used to enter the US.
Will this help reduce undocumented immigration? Or, will it make matters -- including negative attitudes toward undocumented immigarnts -- worse? When will immigration symbolism turn into real efforts at true comprehensive reform?
June 1, 2006
Another Chapter in the "War on Terror"
The San Francisco Chronicle reports that the latest "terrorism" case has fizzled:
An ice cream vendor charged with lying to the FBI about his son's attendance at a terrorist training camp pleaded guilty to a lesser charge, closing another chapter in a terror probe focused on a town inhabited by hundreds of people of Pakistani origin. Umer Hayat, 48, of Lodi pleaded guilty Wednesday of trying to smuggle $28,000 in cash to Pakistan three years ago rather than face a retrial that was set to begin Monday. Prosecutors agreed to drop charges that he lied to the FBI and to recommend he serve no more jail time after spending nearly a year in custody. "This outcome was not, of course, the one most desired by the government," U.S. Attorney McGregor Scott said. "However, what is for certain is that our region is safer today than it was one year ago." Hayat likely would have faced only a few additional months behind bars if convicted of the two lying charges, Scott said. Hayat smiled as he left the federal courthouse, but would not comment. "He's happy. It's over. Obviously he wants to move on with his life at this point," said defense lawyer Johnny Griffin III. "From day one we've maintained that Umer Hayat is not a terrorist, he had no involvement with terrorist related conduct or activities."
Click here for the full story.
Last year, the indictments in this case were announced with great fanfare and the claim that a terrorist cell had been uncovered in the Central Valley. It was difficult to believe -- an ice cream truck driver and a fruit packer as terrorists? As it turns out, there was more bluster than evidence. But lives were ruined and the Muslim community in Lodi is terrified. Will you feel safer tonight?
Bush Addresses Chamber of Commerce on Immigration Reform
In a speech to the U.S. Chamber of Commerce today, President Bush urged passage of comprehensive immigration reform. In his speech, Bush rejected arguments from some conservative Republicans that the guest worker provision amounts to amnesty for millions of undocumented immigrants.
His remarks appeared aimed specifically at Wisconsin Republican Rep. James Sensenbrenner, architect of the House bill, who called the Senate version a grant of amnesty because it would give many undocumented immigrants a chance eventually to become citizens. Click here.
Migration Information Source--June 1, 2006
The June 2006 issue of the Migration Policy Institute's newsletter reexamines popular notions about both US immigration policy and immigrants and criminality, plus reports stats on the Iranian foreign born, update a guide to the US-Mexico border, and provides an overview of the Senate's immigration bill. In Europe, the newsletter looks at the continent's latest population figures and Sweden's migration challenges. Click here to check it out
NPR Story on Racial Profiling in Immigration Enforcement
U.S. Border Patrol operation on a California highway recently netted the parents of a 12-year-old girl. The parents were in the country illegally and were deported, while their daughter is an American citizen and remains in the U.S. Critics say officials were using racial profiling in deciding who to pull over. Click here to listen.
Senate Members of Conference Committee
The House has not selected conferees. The Senate conferees have not yet been officially selected, however many members of the Senate Judiciary Committee and the bill sponsors were designated as conferees when the Republicans and Democrats struck a deal to move the Hagel-Martinez compromise forward. The following Senators will be conferees:
Senator Arlen Specter (R-PA)
Senator Ted Kennedy (D-MA)
Senator Orrin Hatch (R-UT)
Senator Patrick Leahy (D-VT)
Senator Charles Grassley (R-IA)
Senator Joseph Biden (D-DE)
Senator Jon Kyl (R-AZ)
Senator Herb Kohl (D-WI)
Senator Mike DeWine (R-OH)
Senator Dianne Feinstein (D-CA)
Senator Jeff Sessions (R-AL)
Senator Russ Feingold (D-WI)
Senator Lindsey Graham (R-SC)
Senator Charles Schumer (D-NY)
Senator John Cornyn (R-TX)
Senator Richard Durbin (D-IL)
Senator Mel Martinez (R-FL)
Senator Chuck Hagel (R-NE)
The rumor on the street (from someone lobbying in favor of the Senate bill) is that it will be tough getting a compromise bill through the House. Times are tense, with the search of Rep. Jefferson's office creating even more animosity between the House Republicans and the President. Stay tuned!
Republican Immigration Reform Strategy Memo
Here is an interesting memo on immigration and polling from the Republican National Committee:
TO: Republican National Committee Members
FROM: Matthew Dowd, RNC Senior Advisor
RE: Public Opinion On Immigration Reform
DATE: May 26, 2006
Given the ongoing public and legislative debate on immigration reform, I wanted to provide you with an overview and analysis of public opinion research on this important issue. A review and evaluation of both public and private polls reveals the following:
- Americans believe illegal immigration is a serious problem that the government has failed to address in the past. Doing nothing on this issue is not a solution, as Americans want it fixed today.
- The public wants a comprehensive solution that includes reform on three fronts: (i) strengthening border security/law enforcement to stem the flow of illegal immigration, (ii) enhancing the avenues through which immigrants can lawfully and safely enter the U.S. for work and (iii) creating a compassionate, practical and equitable way for those illegal immigrants already in the U.S. to legally enter the system.
- On the other hand, proposals such as criminalizing illegal immigrants, have significantly less support among the American people.
- The comprehensive approach that emphasizes both security and compassion is unifying, not polarizing – it is supported by Republicans, Independents, and Democrats. Furthermore, majorities of Hispanics back it. Therefore, it is imperative for the Republican Party to talk about immigration effectively and comprehensively and demonstrate leadership on this vital issue as we move toward the mid-term elections.
I. Public Polling Summary
Public polls show that Americans want the government to solve the immigration problem. The public strongly supports a comprehensive approach. For instance:
Expanding the Border Patrol. Eighty percent (80%) in the FOX News poll (4/4-4/5) support increasing the number of officers policing the border, and Gallup (4/6-4/7) shows 81% believe increasing the number of Border Patrol agents will be an effective way to reduce illegal immigration.
Creating a temporary worker program. More than two-thirds of voters – and equally large numbers of Republicans – support creating a temporary worker program. FOX News (5/16-5/18) found 63% of all voters support a temporary worker program and 63% of Republicans supporting it too. Similarly, CBS (5/16-5/17) found 61% of Americans and 62% of Republicans support a temporary worker program.
Providing a way for illegal immigrants already here to obtain legal status. Proposals to allow illegal immigrants who have been in the country for at least five years and meet other requirements (pay a fine, pay back taxes, learn English, and go to the back of the line) to apply for legal status garner wide support. Close to 80% support such a proposal in the CNN poll (5/16-5/17) and 77% in the CBS News poll (5/16-5/17), including 76% of Republicans. And according to the NBC News/WSJ poll (4/21-4/24), more than two-thirds (68%) support the Hagel-Martinez approach that passed the Senate.
Sending the National Guard to help Border Patrol agents secure the border. Voters strongly support the President’s plan to deploy National Guard troops to the Mexican border. 74% support the plan in the ABC News/Washington Post poll (5/12-5/14), 64% support it in the CNN poll (5/16-5/17), and 62% support it in the CBS News poll. Moreover, the CBS poll shows 68% believe National Guard troops will be effective in reducing illegal immigration.
II. RNC Polling Summary
Examining RNC internal polling sheds even more light on the immigration debate. Our most recent poll (5/21-5/23) by Voter/Consumer Research finds:
Overwhelming support exists for a temporary worker program. 80% of all voters, 83% of Republicans, and 79% of self-identified conservatives support a temporary worker program as long as immigrants pay taxes and obey the law.
When voters are given the choice of other immigration proposals, strengthening enforcement with a tamper-proof identity card (89% among all voters, 93% among GOP), various wordings of a temporary worker program (the highest at 85% among all voters, 86% among GOP), and sending National Guard troops to the border (63% among all voters, 84% among GOP) score the highest among both all voters and Republican voters.
Immigration Proposals, Ranked By Overall Support
Voters don’t consider granting legal status to those already here amnesty. Seventy percent (70%) of voters say illegal immigrants who have put down roots in the U.S. should be granted legal status after they go to the back of the line, pay a fine, pay back taxes, learn English, and have a clean criminal record; just 25% say that would be amnesty and we should instead impose criminal penalties on illegal immigrants in the U.S. Republican and conservative opinion is only slightly lower—68% of conservatives and 64% of Republicans support granting legal status over criminal penalties.
Voters want comprehensive reform, including a temporary worker program and legal status, not inaction. When voters are given the choice between a comprehensive reform plan of getting tough on border security and a temporary worker program or no reform at all (below), 71% choose comprehensive reform and 19% choose no reform. Support for comprehensive reform is even higher among GOP base voters—80% of conservatives and 72% of church-going Protestants want comprehensive reform over no reform.
Republican candidates succeed when they support taking action on immigration. Our poll tested a number of messages, and found candidates who talk about comprehensive reform are more successful than those who focus only on border security. For example, a candidate using comprehensive reform language wins 71%—including 52% of Republicans—when matched against a seal-the-border candidate.
- Candidate A “who only supports sealing off the border, stopping illegal immigrants from entering the country, and imposing criminal penalties on immigrants already here”
- Candidate B “who supports comprehensive immigration reform that would beef up border security, enforce laws against companies that hire illegals and creates a temporary worker program that would allow immigrants to work here for a set period of time so long as they register, pay taxes, obey the law, and return home when their permit expires.”
are more likely to support Candidate A
71% are more likely to support Candidate B
Finally, when discussing immigration reform,
tone and language are extremely important. To continue to grow the party, we
must conduct this debate with civility and respect for our nation’s heritage –
as the President has said, we are both a nation of laws and a nation of
immigrants. That is why the American people favor a balanced plan that secures
the border, improves enforcement, enhances immigration avenues AND deals
compassionately and equitably with those who are already here.
Controversy at Notre Dame Law Over Immigration Clinic
Because of a change at Notre Dame, people seeking immigration and asylum services there will not be able to obtain them this year. The university's immigration clinic, which offers free legal advice and services, is not accepting any new cases during for the 2006-7 academic year, according to law school faculty. The two supervising attorneys in charge of Notre Dame's immigration clinic, Barbara Szweda and Lisa Koop, will be working elsewhere. Koop left to work at an immigration clinic in Chicago. Szweda is leaving this week for a similar job in Salt Lake City. For the full story, click here. A petition is on-line expressing concern. the petition reads as follows:
We, the undersigned students, faculty and staff of Notre Dame Law School, believe that the Immigration Clinic is an indispensable part of our law school. We believe that the Immigration Clinic provides essential services to immigrant members of our community and are troubled by its temporary closing, particularly in light of the fact that the Immigration Clinic is the only free legal services clinic in the state of Indiana that assists refugees seeking asylum. We recognize that serving the migrant poor is an essential part of our faith and we affirm the statement of Pope John Paul II, who said, “Catholics who place themselves at the service of migrants and of refugees cannot forget that they are the disciples of Him who is recognized by the attributes of the Good Samaritan and who himself affirms to us that He identifies himself with the poor and the stranger."* In light of the above, we respectfully make the following requests: -That the law school administration publicly recognize that serving the migrant population is an essential element of Catholic Social Teaching and therefore that the Immigration Clinic is an essential part of our law school’s Catholic mission -That the law school administration take immediate steps to ensure that the Immigration Clinic will re-open in 2007 and remain open for the foreseeable future -That two full-time clinical specialists in immigration be hired to replace the outgoing faculty, Barbara Szweda and Lisa Koop, taking the form of either two faculty positions or one faculty and one fellowship position -That the law school administration guarantee indefinite funding for these clinical specialists -That the law school administration make information on the status of the Immigration Clinic available to the student body and ensure that interested students are involved in the process of re-opening the Immigration Clinic. *Speech of John Paul II to the General Assembly of the International Catholic Migration Commission (July 5, 1990) Sincerely,
The petition is at here.