October 6, 2007
ICE Sweeps Stir Nationwide Controversey
Frank Eltman of the Associated Press reports:
Long Island officials complained loudly this week about a series of immigration raids, accusing federal agents of a "cowboy mentality" that could have put local police in harm's way.
The attack on the U.S. Immigration and Customs Enforcement agency was so sharp that a congressman stepped in to try and broker a peace.
But such complaints are becoming increasingly common, with local officials from Nevada to Nassau County saying they are fed up with the federal war on illegal immigration. Click herefor the rest of the story.
ICE Sweeps in the San Fernando Valley
Sam Quinones of the LA Times reports:
In an ongoing crackdown, 28 foreign nationals suspected of having ties to street gangs in the San Fernando Valley were arrested by federal immigration agents Friday during early morning sweeps throughout Los Angeles County.
More than 200 U.S. Immigration and Customs Enforcement agents fanned out across the Valley, Palmdale and other areas of the county, raiding residences and arresting members of 15 street gangs, officials said.
Among them was Jorge Torres, 31, a reputed member of the Project Boys in Pacoima whose criminal record includes convictions for drug charges as well as battery on a police officer, officials said. Torres, who has been deported five times, has been indicted by the U.S. attorney's office for reentering the United States.
If convicted, he faces up to 20 years in prison.
"The people targeted in these operations are career criminals who often prey on members of the immigrant community," said Robert Schoch, special agent in charge of ICE in Los Angeles. "We want to send a clear message to foreign national gang members that ICE intends to deal strongly with those who ignore our immigration laws and place our neighborhoods at risk."
Friday's sweep was part of the agency's ongoing crackdown on illegal immigrants with suspected gang affiliations in the Valley. Click here for the for the whole story.
October 5, 2007
A Novel About the Latina/o Experience in New Mexico
“Cibolero,” a new novel by Kermit Lopez, does not deal directly with immigration. It, however, does deal with the "migration" of the southern border of the United States. The novel is set against the backdrop of 1800s New Mexico. Antonio Baca, a former “Cibolero” or buffalo hunter, pursues his daughter's Texas Ranger kidnappers in post-Civil War era New Mexico and Texas. “Cibolero” is a fictionalized account of the Latina/o experience before and after the conquest of the Southwest. I thought it was a good read. For information about the novel, see the official website.
Panel Discussion (National Press Club): Adjudication and Judicial Review in Immigration Cases: How Standards of Review Shape the Dialogue and the Process
On October 25 at the National Press Club, Professor Lenni Benson (New York) will be moderating a panel on behalf of the ABA Immigration Subcommittee of the Section on Administrative Law. The topic: Adjudication and Judicial Review in Immigration Cases: How Standards of Review Shape the Dialogue and the Process October 25, 2007 3:45 p.m.–5:15 p.m. (CLE). Location: The National Press Club, Washington, D.C. Joining Professor Benson me will be Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit, Acting Chair Juan Osuna of the Board of Immigration Appeals, David McConnell, Deputy Director of the Office of Immigration Litigation (U.S. Department of Justice), and John R.B. Palmer, a research scholar at New York Law School. Here is a one page description of the program. Download oct_25_immigration_panel_description.pdf
The Human Impacts of Immigration Raids
There is lots in the news about immigration raids lately, including the post earlier today by Bill Hing. Immigration Orange has a powerful post illustrating the very human impacts of immigration raids.
More New Immigration Books
They keep coming (including a new Borjas book)!
Debating immigration / edited by Carol M. Swain. Cambridge [U.K.] New York, N.Y. : Cambridge University Press, 2007 2007
Diaspora Philanthropy and Equitable Development Conference (2006 : Harvard University) Diasporas and development / editors, Barbara J. Merz, Lincoln C. Chen, Peter F. Geithner. 2007
Foster, Michelle, International refugee law and socio-economic rights : refuge from deprivation Cambridge University Press, 2007
Kochhar, Rakesh, foreign-born Latinos make progress on wages, Pew Hispanic Center, 2007
Mexican immigration to the United States / edited by George J. Borjas. University of Chicago Press, 2007
Wijkhuijs, Levina Johanna Jacoba Administrative response to court decisons : the impact of court decisions on the asylum procedure in the Netherlands 2007
Schuck on Comprehensive Immigration Reform
Peter Schuck (Yale) has a thoughtful analysis of comprehensive immigration reform, which was published in the American Lawyer, at here.
Long Island ICE Raid Criticized
Susan Enriquez reports for Newsday:
When Hempstead residents Cecilia and Fernando presented their passports to federal immigration agents during a raid to prove they were U.S. citizens, authorities accused them of having fake documents.
Fernando said Immigrations and Customs Enforcement agents pulled him aside last Wednesday and forced him to wait downstairs until they were convinced that he was a citizen. He asked to see a warrant, but said he was ignored.
"What they did to us is humiliating," said Fernando, 22, who declined to give his last name. Click herefor the full story.
New Book Release: Opening the Floodgates Why America Needs to Rethink its Borders and Immigration Laws (NYU Press 2007)
"Finally, an unflinching response to immigration alarmists! This brilliant, challenging book outlines an immigration proposal based on the reality that migration flows are not regulated by border enforcement but by social, economic, and political pressures." —Mary Romero, author of Maid in the USA View
Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, particularly on the eve of a presidential election. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.
Immigration Positions of the Presidential Candidates
The N.Y. Times has a nice capsule summary of the various Presidential candidates' views and record on immigration.
Local Impacts of the Current Immigration Climate; Or, Be Careful What You Wish For!
Two recent news stories reveal some of the negative local impacts of the national craze to rid the nation of undocumented immigrants.
AP reports that the superintendent of the Irving, Texas school district said that some immigrant parents had pulled their children (possibly U.S. citizen children) from school over fears that they or their families would be deported. The Mexican Consulate has advised people to avoid driving through Irving, a Dallas suburb, in response to the Irving Police Department’s participation with federal immigration authorities in efforts to arrest and deport undocumented immigrants. The Irving police have turned over more than 1,600 people to immigration officials since the program began last year.
In Virginia, Prince William County's home prices and its Hispanic population rose in tandem during the first half of this decade, a result of a home-building frenzy that became a powerful magnet for immigrant laborers. Undocumented immigrants had little trouble finding jobs and not much trouble getting mortgages. According to the Washington Post, Prince William today "has some of the highest foreclosure rates in the region, with a glut of unsold, depreciating homes. And its elected officials have embarked on one of the most ambitious efforts in the nation to drive out and deport illegal immigrants. That combination -- an excess of housing and new anti-illegal immigrant policies -- is likely to exacerbate the county's weak real estate market, agents and lenders say. Regardless of one's views on immigration, they say, simple arithmetic dictates that if a lot of residents leave the county, the housing meltdown will only worsen."
Immigrant of the Day: Jerry Springer (UK)
Gerald Norman "Jerry" Springer (born February 13, 1944) is the a former mayor of Cincinnati and host of The Jerry Springer Show. Springer was born in London, England in 1944. His parents were refugees from Nazi Germany.
In January 1949, Springer came to the United States, settling in Queens, New York. He earned a Bachelor of Arts in political science from Tulane University and a Juris Doctor degree from Northwestern University. Springer then became a political campaign aide to Robert F. Kennedy and later joined the Cincinnati law firm of Frost & Jacobs.
Before his successful television career, Spring was a politician. In 1970, Springer unsuccessfully ran for Congress. In 1971, he was elected to the Cincinnati city council. Forced to resign in 1974 in a scandal involving a prostitute, Springer won back his seat in 1975. In 1977, the City Council selected him to serve as mayor. In 1982, Springer unsuccessfully sought the Democratic nomination for Governor of Ohio.
The controversial Jerry Springer Show debuted in September 1991. Springer is better known for this long-running show than for his political career.
October 4, 2007
New SSRN Articles
"Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain: America's New Immigrant Entrepreneurs, Part III" VIVEK WADHWA Duke University - Pratt School of Engineering GUILLERMINA JASSO New York University - Department of Sociology, Institute for the Study of Labor (IZA) BEN RISSING Harvard Law School - Labor and Worklife Program, Duke University - Pratt School of Engineering - Master of Engineering Management Program GARY GEREFFI Duke University RICHARD B. FREEMAN National Bureau of Economic Research (NBER), University of Edinburgh - School of Social and Political Studies, Harvard University, London School of Economics & Political Science (LSE) - Centre for Economic Performance (CEP) http://ssrn.com/abstract=1008366
"The War on Terror, Local Police, and Immigration Enforcement: A Curious Tale of Police Power in Post-9/11 America" DAVID A. HARRIS University of Toledo - College of LawFull Text: http://ssrn.com/abstract=1008927
"Migration and the Right to Social Security: Perceptions of Off-Farm Migrants' Rights to Social Insurance in China's Jiangsu Province" INGRID L. NIELSEN Monash University - Department of Management RUSSELL SMYTH Monash University - Department of Economics MINQIONG ZHANG Monash University - Department of Management Full Text: http://ssrn.com/abstract=1009706
"When Informal Adoption Meets Intestate Succession: The Cultural Myopia of the Equitable Adoption Doctrine" MICHAEL J. HIGDON University of Nevada, Las Vegas Full Text: http://ssrn.com/abstract=1009981
"The Trafficking and Exploitation Victims Assistance Program: A Proposed Early Response Plan for Victims of International Human Trafficking in the United States" MARISA SILENZI CIANCIARULO Chapman University-School of Law Full Text: http://ssrn.com/abstract=1010250
Immigration Raids: Citizens Caught in the Crossfire
We reported earlier in the week that federal immigration authorities had conducted raids in New York and Los Angeles. The N.Y. Times reports that citizens have been caught in the cross-fire and has an editorial today condemning the raids:
"[U.S. Immigration & Customs Enforcement] is catching modest numbers of undesirables, but also a much larger by-catch of peaceable immigrants. Its agents have set off waves of fear and outrage, not only among illegal immigrants, but among citizens whose privacy and security they have violated, through unchecked aggression, carelessness and incompetence.
Last week, dozens of federal agents fanned out across Nassau County, Long Island, to execute warrants on accused gang members. County Executive Thomas Suozzi and Police Commissioner Lawrence Mulvey were so dismayed that they have refused to cooperate on further raids until ICE gets its act together.
They described a seriously botched “cowboy” operation by dozens of ICE agents — some in cowboy hats — who had not trained together, used inappropriate weapons and mistakenly drew them on Nassau officers. They said that ICE misled them — that what was supposed to be a targeted gang crackdown was actually something much more sloppy and indiscriminate. They said the agency ignored repeated invitations to check its list of targets against Nassau’s up-to-date gang records and ended up raiding many wrong homes."
Widener School of Law: Immigration Law in Pennsylvania Conference
The Law & Government Institute of Widener School of Law (Harrisburg Campus) will host a discussion of immigration law in Pennsylvania on October 29, 2007. Obviously, with the Hazleton, PA litigation this past year, immigration is a hot issue in the state. An invitation (including registration and CLE information) is accessible through this link.
Golden Venture Documentary
A compelling and timely portrait of human courage, resilience, and compassion, set against a backdrop of bigotry, fear, and political infighting, this is recommended.”
-- Video Librarian
On campuses throughout America, faculty and students are trying to make sense out of the bitterly partisan debate about US immigration policy. Golden Venture, a new documentary available via New Day Films, is a valuable resource to inform that campus discourse.
Golden Venture tells the epic story of the 1993 grounding of the freighter Golden Venture off New York City. Almost 300 Chinese immigrants were aboard. The deaths, detentions and deportations that followed marked a crucial turning point in US immigration policy.
Now the film comes with a powerful new set of resources, including a library of classified documents from the White House, the NSC, INS and other agencies that dramatically illuminate the high level politics behind the Golden Venture crackdown.
Three hundred universities and colleges have already added the film to their collections. To put the film into your catalog, you can now purchase Golden Venture with a 10 percent reduction in price (good through Nov. 15) by calling 888.367.9154 and using promotional code PTSH3R.
If you have any questions, please do not hesitate to contact me directly.
Race and Immigration Down Under (Australia): Election-Year Politics
The N.Y. Times reports that Australia's Immigration Minister Kevin Andrews on Wednesday said refugees from Africa -- including many from Sudan's conflict-torn Darfur region -- were not integrating in Australia. Andrews, whose government faces re-election before December, said Sudanese gangs were causing criminal problems and Canberra would now accept refugees only from conflict areas nearer home, such as Iraq and Myanmar, until at least July 2008.
Australian Human Rights Commissioner Graham Innes said there was no evidence Sudanese were causing more problems than other refugees.
This is not the first time that Austrlaian election-year politics has triggered tough-on-immigrants policies. Prime Minister John Howard, 11 years in power, secured a come-from-behind victory in 2001 after ordering the military to block boats carrying asylum seekers and send them for refugee processing in nearby Pacific nations Nauru and Papua New Guinea. The hard-line policy became known as the Pacific Solution and critics accused Howard of using race-based politics to win the election.
DHS Statistics on Undocumented Immigrants
Immigration-Law-Answers-Blog has posted some statistical information about the undocumented immigrant population based on U.S. Department of Homeland Security data. No real surprises here, an estimated 11.5 million undocumented immigrants with approximately 57% from Mexico. Note that this means that more than 40% of undocumented immigrants are NOT from Mexico.
Arizona Court of Appeals: Undocumented Immigrants Can be Held Without Bail
Denying bail to those not in this country legally who are charged with certain felonies does not violate their constitutional rights, the Arizona Court of Appeals ruled earlier this week. The court rejected arguments that the no-bail requirement, approved by voters in Proposition 100 last year, unfairly targets people who entered this country illegally. Attorneys for the defendant also said it "inflicts punishment without due process.'' Justice Donn Kessler, writing for the unanimous court, acknowledged that the U.S. Constitution "protects all persons present in this country - including illegal aliens - from unjustified and unfair governmental interference with fundamental rights.'' But Kessler said it is clear the purpose of Proposition 100 is not to punish those not here legally but simply to ensure that they appear at their trials. And that, he said, allows a person's legal status to be taken into consideration. The case involves a man originally stopped for possession of an open container of alcohol while in a vehicle. But he ultimately was charged with possession of forged documents related to identification he showed police. Released without bail, he showed up for his initial court hearing. But at that time the judge, following procedures mandated by the Supreme Court in the wake of Proposition 100, ordered him held without bond.
Immigrant of the Day: Charlize Theron (South Africa)
Theron was born in South Africa. At age 16, Theron went to Milan, Italy on a one-year modeling contract, after winning a local competition. Her contract ended while she was in New York City, and she decided to remain there, attending the Joffrey Ballet School, where she trained as a ballet dancer. A knee injury ended this career path when she was 18. Theron moved to Los Angeles and, after eight months there, she was cast in her first film part in the direct-to-video film Children of the Corn III. She followed this with larger roles, and her career skyrocketed in the late 1990s, with box office successes like The Devil's Advocate, The Cider House Rules, and Mighty Joe Young.
Theron starred as serial killer Aileen Wuornos in the film Monster (2003). Film critic Roger Ebert called it "one of the greatest performances in the history of the cinema", for which Theron won an Oscar for Best Actress Oscar at the 76th Academy Awards in 2004, as well as the Screen Actors Award and the Golden Globe Award.
Theron is the first South African to win an Oscar for Best Actress. She became a naturalized U.S. citizen in 2007.