August 25, 2007
Morristown Traffic Checks Should Not Occur
State and federal officials have told the Morristown mayor that police should not be checking the immigration status of people pulled over for traffic stops or minor crimes.
Plans by Mayor Donald Cresitello, outlined in a letter to U.S. Attorney Christopher Christie on Aug. 16, called for police to make immigration checks during routine traffic stops and low-level crimes.
David Wald, a spokesman for Attorney General Anne Milgram, told The Star-Ledger of Newark for Saturday's editions that the checks are "something our office thinks should not happen."
In a letter Friday, Christie also told Cresitello that his plans "directly contradicted" plans by Milgram to check the immigration status of people charged with serious crimes or drunken driving. Click here for the rest of the story.
California Without a Mexican? (We Could Lose Some Bloggers)
"The 2004 film `A Day Without a Mexican' was a political satire: an exaggerated fantasy about what would happen in California if all the immigrant workers suddenly disappeared. But now it seems that life may imitate art. Federal immigration authorities are readying a new enforcement tool that could indeed, if applied effectively, all but cripple the California economy. A new fence? A massive influx of Border Patrol agents? A fleet of airborne drones? No. The new weapon is a simple two-page letter that will go out next month to companies whose employees' names and Social Security numbers do not match those on record at the Social Security Administration."
New SSRN Articles
"From Weakness to Might Through Empowerment of Rights: IDPs in the North and East of Sri Lanka" BIMALI AMERESEKERE, Affiliation Unknown Full Text: http://ssrn.com/abstract=981501
"Equality in the War on Terror" Stanford Law Review, Vol. 59, No. 5, p. 1365, 2007 NEAL KUMAR KATYAL Georgetown University Law Center Full Text: http://ssrn.com/abstract=982369
"Ethnic Scientific Communities and International Technology Diffusion" WILLIAM R. KERR Harvard Business School Full Text: http://ssrn.com/abstract=983573
"The Protection of Refugees under the Common European Asylum System: The Establishment of a European Jurisdiction for Asylum Purposes and Compliance with International Refugee and Human Rights Law" Cuadernos Europeos de Deusto, Vol. 36, pp. 153-182, March 2007 MARIA-TERESA GIL-BAZO University of Newcastle upon Tyne (UK) - Newcastle Law School Text: http://ssrn.com/abstract=983722
(Not) Found Chained to a Bed in a Brothel: Conceptual, Legal, and Procedural Failures to Fulfill the Promise of the Trafficking Victims Protection Act" Georgetown Immigration Law Journal, Forthcoming DINA FRANCESCA HAYNES New England School of Law Full Text: http://ssrn.com/abstract=984927
Are You Feeling Safer? Terror Suspect List Yields Few Arrests 20,000 Detentions in '06 Rile Critics
Ellen Nakashima writes that the U.S. "government's terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list's effectiveness."
Immigrants Seek to Unionize In Big Apple
The Washington Post has an interesting article on efforts by low wage immigrant -- including undocumented -- workers to unionize in New York City. Immigrant unionization efforts, which belie the stereotype that immigrants are a wholly pliant workforce, have been seen in cities and industries acrosd the country in recent years, with the Janitors for Justice movement in Los Angeles perhaps the most well known.
According to the Post, the deliverymen of the Saigon Grill labored for years at the bottom of Manhattan's food chain. Biking swiftly down the avenues in biting cold and searing heat, they schlepped up high-rises and walk-ups with bags of food. "Then they surprised their bosses by serving up something unexpected: a revolt. The 30 men -- all immigrants, including undocumented workers frustrated with the poor conditions and low wages that are often a fact of life in America's underground economy -- banded together in an effort to unionize."
UPDATE The number of immigrant wage and salary workers who were union members grew by 30 percent from 1996 to 2006, as the number of immigrant workers in the U.S. wage and salary workforce increased by 66 percent. Meanwhile, the number of native-born wage and salary workers in unions decreased by about 9 percent. The Migration Information Source released data on August 28 showing that, in 2006, immigrants made up 15 percent of the U.S. workforce and 12 percent of union members. Despite overall declines in the proportion of both native- and foreign-born wage and salary workers who belong to unions in the last decade, as immigrants' share of workers in the United States has increased, so has their union membership. Some key findings, based on Census survey data, are: * In 2006, 19.74 million immigrant wage and salary workers were employed in the United States, a 66 percent increase over 1996. Immigrants' share of all wage and salary workers increased from 11 to 15 percent in that time. * Twelve percent of the 15.36 million union members in 2006 were foreign born, an increase of 3 percentage points over 1996. * Nearly one in 10 immigrant wage and salary workers was a union member in 2006. * Native-born wage and salary workers have been more likely to belong to labor unions than foreign-born wage and salary workers over the past decade. * Foreign-born wage and salary workers were underrepresented in labor unions compared to their share of all wage and salary workers, including in manufacturing, construction and mining unions. * Foreign-born wage and salary workers were overrepresented in unions compared to their share of wage and salary workers in leisure and hospitality, professional and business services, wholesale and retail trade, and agriculture-related industries. The Migration Information Source Spotlight is available here.
Words of Wisdom on the Newark Tragedy
As we previously reported, none of the Republican presidential candidates want to be "outimmigranted." Republican presidential candidates Mitt Romney, Rudolph W. Giuliani and Tom Tancredo have suggested that the Newark murders, in which an undocumented immigrant stands accused, show the consequences of failures in immigration policy.
The Washington Post reports that those closest to the killings say they are less concerned about the suspects' immigration status than their history of violence, noting that alleged ringleader Jose Lachira Carranza was released on bail after three previous felony. "Whether he was a citizen of our country or not, he was prone to violence and he should not have been released," said James Harvey, whose son was one of the students killed. "The state had him in custody and let him out on bail -- that's more important than that they didn't check their immigration status," he said.
Back to School: More Immigration "Games" from the College Republicans
Last spring, UC Davis's College Republicans sparked controversy with an "illegal" immigration "game" in the campus quad. Earlier in the spring similar games sprung at NYU and Boise State. Well it is Back to School time!
As students returned to Wichita State University for the fall semester, the College Republicans invited students to compete in an illegal immigration obstacle course. According to news repports, "participants strapped on fake suicide bombs, jumped over a fence, strapped on a backpack and ran toward a blow-up doll of Kansas Governor Kathleen Sebelius, giving her a high-five at the finish." The event was aimed at educating students about a 2004 Kansas law that allows some undocumented immigrant residents to pay the same fees as other Kansas residents.
"I was a little upset and disgusted," says Hector Castania of the student Hispanic organization. Organizers say it was an effective way to get student attention and inform them about what's going on. According to news reports, the Student Activity Council gave the College Republicans approval for the event.
Given what we have seen on immigration from many of the Republican Presidential candidates, it should be no surprise that the College Republicans are seeking to exploit the immigration issue in a similar fashion.
Seventh Circuit on Female Genital Mutilation in Nigeria
In Oyekunle v. Gonzales, (7th Cir. Aug. 22, 2007), the U.S. Court of Appeals, in an opinion by Judge Richard Posner, addressed a case in which a Nigerian woman sought asylum based on feared FGM upon the birth of her first son: "The Board's decision fails to build a bridge between the evidence and the conclusion that the petitioner lacks a well-founded fear of persecution if she is returned to Nigeria. All the evidence to which the Board referred either supports or is consistent with her having such a fear. The petition for review is therefore granted, the Board's order vacated, and the matter returned to the Board for further proceedings consistent with this opinion." Oyekunle v. Gonzales, Aug. 22, 2007. "The Board's decision fails to build a bridge between the evidence and the conclusion that the petitioner lacks a well-founded fear of persecution if she is returned to Nigeria. All the evidence to which the Board referred either supports or is consistent with her having such a fear. The petition for review is therefore granted, the Board's order vacated, and the matter returned to the Board for further proceedings consistent with this opinion." Care of www.bibdaily.com
This is part of a growing body of FGM asylum law based on Matter of Kasinga (BIA 1996).
August 24, 2007
Race and Immigration in the New Ireland Keough-Naughton Institute conference, University of Notre Dame, October 14-17, 2007
On Thursday, June 28th, Ireland elected its first black mayor, Rotimi Adebari, a Nigerian who arrived seven years ago as an asylum seeker. This event points to the rapid population explosion the country is experiencing. Ireland has undergone profound changes in the last decade, not simply by reversing a long history of emigration, but also by attracting hundreds of thousands of new immigrants, many of these from Eastern Europe, Africa, and Asia. The arrival of over 207,000 Poles alone in the last decade is changing the face of the Irish nation and the Irish Catholic Church. The world accepted the Irish. Will the Irish accept the world? That is the question the Notre Dame Keough-Naughton Institute conference on “Race and Immigration in the New Ireland” (October 14-17) will address.
The conference will open with a keynote address on campus in Washington Hall Sunday evening, October 14th, by Mary Robinson, the former President of Ireland and U.N. High Commissioner for Human Rights. President Robinson’s speech will also help the University of Notre Dame celebrate the 25th anniversary of its Center for Social Concerns. The conference panels Monday through Wednesday will focus on “The Demographics of the New Ireland,” “Race,” “Legality and Rights,” “Work and Labor,” “The Experience of Women,” “Sport in the New Ireland,” “The Linguistic Challenge of Multi-Cultural Ireland,” “Social Integration,” on “What Ireland can learn from North-American and European Experience,” on relations “North and South,” and “Religion in the New Ireland.” The conference on Race and Immigration in the New Ireland will close Wednesday October 17th with a keynote address at 11:15 A.M. in the McKenna Hall Center for Continuing Education by Notre Dame Keough Family Professor of Irish Studies, Luke Gibbons. Among the distinguished participants, the conference speakers include John Haskins, the Senior Civil Servant responsible for Irish immigration policy; David Begg, the General Secretary of The Irish Congress of Trade Unions; Donncha O’Connell, the Dean of National University at Galway Law School; Salome Mbugua, the National Director of AkiDwA, the Irish African Women’s Association; Minister Éamon Ó Cuív; Cork hurler Seán Óg Ó hAilpín; Anna Lo, Member of the Northern Ireland Assembly and the first East Asian elected to a European parliament; Steve Garner of the University of Western England; Pat Hickey, President of the European Olympic Committee; Matthew Frye Jacobson of Yale University; Ali Selim, Secretary of the Islamic Cultural Centre of Ireland; Isabela Grawbowski-Lusinski of the University of Warsaw; journalists Susan McKay and Patsy McGarry; Anaele Diala Iroh of the Dublin Institute of Technology; Philip Watt of the National Consultative Committee on Racism and Interculturalism; Ronit Lentin and Pádraig Ó Riagáin of Trinity College-Dublin; Mike Cronin of Boston College; Niamh Hourigan of University College Cork; Mary Corcoran of National University at Maynooth; Carmen Frese of University College, Dublin; Abel Ugba of the University of East London; and, along with Luke Gibbons, Jorge Bustamante and Tony Messina of Notre Dame. They will be joined by scholars, policy-makers and representatives from various groups making up what has come to be called the New Ireland. The conference will also host a performance Tuesday and Wednesday evenings at 8:00 P.M. in the DeBartolo Center for the Performing Arts Decio Theater of the play, “The Kings of The Kilburn High Road,” by Arambe Productions, Ireland’s first African Theatre Company led by Nigerian Bisi Adigun. There will also be a pre-conference Saturday Scholar Lecture by Professor Luke Gibbons in the Snite Museum on Saturday, October 13th at noon, and a film, “In America,” to be shown Sunday afternoon, October 14th, at 4:00 P.M. in the Marie DeBartolo Center for the Performing Arts. Participants are welcome to register for the conference on line at https://marketplace.nd.edu/cce/
CRS Report On Trafficking In Persons
The Congressional Research Service's report on trafficking in persons states that before 2000, US laws were widely believed to be inadequate to deal with trafficking in women and children or to protect and assist victims.
ICE Threat: Immigration Raids To Continue through Census 2010
The N.Y. Times reports that, "[i]n contrast to the months before and after the 2000 census was conducted, raids on illegal immigrants will not be suspended during the population count in 2010, federal officials say. `We would not even consider scaling back our efforts,' said Pat A. Reilly, a spokeswoman for the Immigration and Customs Enforcement agency. The census counts all residents, legal and illegal."
Such threats are unlikely to contribute to an accurate population count in Census 2010. frightened immigrants will be more likely to hide out from Census takers. One also has to wonder about the purpose of the promise to continue raids. 2008 is a presidential election year and we will have a new president by the time Census 2010 commences. The new president likely will not agree with President Bush on many immigration matters. ICE officials should be weary of making promises that the agency might not be able to keep.
Mistakes Were Made But No Profiling, Says Feds: A Quarter Million Dollars and Apology to Iraqi Refugee for "Mistakes"
The U.S. government has issued a written apology an paid 4250,000 to settle case involving an Iraqi refugee who was improperly detained and almost deported after arrested in Montana, the American Civil Liberties Union branch in Seattle announced yesterday. The ACLU said the case should make clear to the Customs and Border Protection agency that racial profiling was both illegal and ineffective. “The whole reason that he was stopped to begin with was that he appeared Middle Eastern to the agents at the train station,” said Doug Honig, the spokesman for the A.C.L.U. in Washington State. “This sends a strong message that basing law enforcement solely on ethnic profiling is not proper.”
Jeffrey C. Sullivan, the United States attorney for the Western District of Washington, who signed the apology, said the case was about getting the law concerning refugees wrong and nothing else. The U.S. government has expressed regrets and admitted that the Iraqi refugee was mistakenly detained and nearly deported. The Justice Department denies that the man was the victim of ethnic profiling.
For the NPR story, click here.
Immigrant of the Day: Judge Alex Kozinski (Romania)
Alex Kozinski (born July 23, 1950), a judge on the U.S. Court of Appeals for the Ninth Circuit, was born 1950 in Bucharest, Romania. His parents, both Holocaust survivors, brought him to America in 1962 when he was 12. and settled in Los Angeles. Judge Kozinski's father, Moses, ran a small grocery store there.
Judge Kozinski earned his A.B. in economics and J.D. from UCLA; he clerked for then-Ninth Circuit Judge, now Supreme Court Justice, Anthony Kennedy and Chief Justice Warren Burger. Judge Kozinski spent 1977 to 1981 in private practice. In 1981, he went to serve as a counsel in the White House under President Ronald Reagan.
In 1982, Kozinski was appointed chief judge at U.S. Court of Federal Claims. In 1985, at age 35, he was appointed to the Ninth Circuit by President Reagan. At the time, Judge Kozinski was the youngest federal appeals court judge in the United States.
Judge Kozinski has won admirers across the political spectrum who praise his intellect, common sense decisions, and libertarian instincts. He has the reputation as an active and sometimes intimidating questioner during oral argument.
Judge Kozinski has authored numerous opinions on the Ninth Circuit. One of particular interest to readers of this blog is his concurrence in Rodriguez-Roman v. INS, 98 F.3d 416 (9th Cir. 1996), an asylum case in which the applicant had fled Cuba. in the concurrence, Judge Kozinski discusses the persecution at the hands of communist regimes, something that his family experienced first-hand in Romania.
interestingly, Judge Kozinski, known as a conservative with a libertarian bent, is friends with arch-liberal U.S. Circuit Judge Stephen Reinhardt. To listen to Judges Reinhardt and Kozinski discuss judicial activism and related issues, click here.
As an essayist, Judge Kozinski's writing is clear and often humorous, and has been featured in mainstream publications such as Slate, The New Yorker, The New Republic and National Review.
Judge Kozinski Trivia: As a younger man, Kozinski appeared on the popular television show The Dating Game and won a date. His opening greeting: "Good afternoon, flower of my heart." In 2004, Judge Kozinski was elected the "Number 1 Male Superhottie of the Federal Judiciary" by a vote on the blog "Underneath Their Robes."
Elvira Arellano's Son Accompanied to Houston
Leonor Garza reports in the Houston Chronicle:
The arrest and deportation of single mother Elvira Arellano — who has become a polarizing international figure in the immigration debate — has reinvigorated activists pushing Congress to reform the nation's immigration laws before the next presidential election, her supporters said during a visit to Houston on Thursday.
Accompanied by the Chicago pastor and wife who are now his guardians, 8-year-old Saul Arellano visited southwest Houston's Central American Resource Center, or CRECEN, Thursday but did not want to talk to reporters, sitting quietly as activists called for laws that don't divide families.
"Through her witness, there was a human face to that struggle and she brought the risks of family unity into the midst of the debate," said the Rev. Walter Coleman, pastor of Chicago's Adalberto United Methodist Church. Click here for the rest of the story.
New Jersey Town Abandons Anti-Immigrant Law
This Burlington County town is beginning to undo an ordinance that sought to penalize those who rent or hire illegal immigrants.
The township committee voted 4-1 to introduce an ordinance to rescind the Immigration Relief Act Thursday. Committee member Marcus Carroll voted against it.
The measure was never enforced. Click here for the whole story.
August 23, 2007
Where are Those "Illegals"?
According to Washington Times news story, "A 2006 audit showed federal, state and local governments are among the biggest employers of the half-million persons in the US illegally using `non-work' Social Security numbers - numbers issued legally, but with specific instructions that the holders are not authorized to work in the US." Immigration Daily (www.ilw.com) responds: "For those who call for the whole weight of federal enforcement to descend on private sector employers, perhaps ICE should hold off until all governmental agencies have been cleaned out first."
Ann Coulter Spews Vile at Elvira Arrellano
Pink Flamngo has a nice story about Ann Coulter's latest rant about "criminal aliens", recent deportee Elvira Arrellano, and dreaded liberals. After listing every horrible case of a "criminal alien" she can think of, Coulter attacks Arrellano:
"So far, the only thing Arellano has contributed to America is one illegitimate child.
Arellano is part of the advance wave of left-wing, Third World colonization of America. Democrats claim there are `two Americas.' If they have their way, there will be two Latin Americas.
Liberals know they're losing the demographic war. Christians have lots of children and adopt lots of children; liberals abort children and encourage the gay lifestyle in anyone with a flair for color. They can't keep up." (emhasis added).
IDB Reports Remittances Slowing
A new study commissioned by the Inter-American Development Bank (IDB), shows that the percentage of Mexican immigrant adults sending remittances to Mexico has decreased significantly, especially in U.S. states that have only recently seen an increase in immigrant populations in their communities-commonly referred to as "new arrival areas." The study surveyed Mexican and Central American immigrants including citizens, legal residents, and undocumented immigrants. Click here (pdf format required).
Report on State Immigration Legislation
All 50 state legislatures have considered legislation this year that would affect immigration and/or immigrants. According to a report by the National Conference of State Legislatures (NCSL), at least 1400 pieces of legislation relating to immigration and immigrants have been introduced among the 50 state legislatures. By early July, 170 bills had become law in 41 states.
Immigrants are Learning English
In the wake of congressional failure to pass immigration reform legislation this year, hundreds of state and local governments across the country are considering thousands of legislative proposals that target undocumented immigrants. The "English only" resolution that the Culpeper, Virginia, County Board of Supervisors passed on August 9th is but one such resolution. Supporters of the Culpeper resolution, like their counterparts elsewhere in the country, claim that one reason they acted is the supposed reluctance of Latino immigrants to "assimilate" into U.S. society. The best available evidence, however, shows that the children and grandchildren of today's immigrants from Latin America are learning English and moving up the socioeconomic ladder in much the same way as the descendants of the European immigrants who came here a century or more ago. Immigration Policy Center Research Associate Walter Ewing rebuts the arguments of "English Only" supporters and finds in this Perspective that, in fact, today's Latino immigrants are integrating into U.S. society as successfully as did their Irish, German, and Italian predecessors. Click here for Walter's full report.