August 9, 2008
Border March August 27-31
From Jay Johnson-Castro:
The border wall has not yet been built in Texas. But it is coming...unless we build a wall of opposition.
Here's an important and exciting update...
Two weeks ago, a notice was sent to you regarding the border wall protest walk in El Paso. We thank all who have helped to forward and post this event.
Subsequent to our announcement, many organizations in El Paso have come together to plan a all the details of this march. Here are the details of the update.
The March will NOT be August 19-23. The dates WILL be August 27-31. That allows more time for planning and organizing on the part of the El Paso Planning Group.
Here is a breakdown of the August 27-31protest march against the border wall.
August 27(Wed). Kick off cultural event in Fort Hancock.
August 28 (Thu). From Fort Hancock, walk to Alamo Alto.
August 29 (Fri). From Alamo Alto, walk to Tornillo, hold community event. End in Fabens.
August 30 (Sat). From Fabens, walk to San Elizario, hold community event. End in San Ysleta del Sur with the Tiguas community.
August 31(Sun). Morning ceremony in San Ysleta del Sur . Then to El Paso. After arriving in El Paso, a bi-naional event will be held in Anapra, Chihuahua and Sundland Park, NM.
You know! It was not many years ago that we called an "iron curtain" something immoral and inhumane, something that only cruel and hateful people would do to their fellow man, a product of a totalitarian enemy.
So, from the Pacific Coast to the Gulf and Atlantic coasts, from both sides of the border we invite all citizens of good will, organizations, faiths and media to join us in this peaceful and united protest against the border wall.
Below this update are two letters. One is from Carlos Marentes of the organizing committee in El Paso. The other letter is from Javier Perez, also of the organizing committee in El Paso. If you would like more information or would like a customized flier of the one attached, Javier's contact info follows this letter.
Of any city along the US-Mexico border, El Paso is the one with the deepest and longest history, some four centuries of human struggle and quest to preserve peace and unity. Yet, the far away powers of greed and callous seem to condemn each generation of El Pasoans to more division and oppression.
The border wall is the latest assault against this community. 56 miles of "iron curtain" is the longest stretch of the proposed border wall against any populace along the entire US-Mexico border. While hundreds of miles of border wall has been constructed along the southern 1950 miles of US, of all the border cities, no other city or community is subject to as many miles of border wall. In solidarity, we cannot allow that to happen to them.
We must join them in solidarity to oppose this assault against their community. We can show solidarity in many ways. Join the march, forward this information, donate to the event, post the event on blogs, and encourage the media to not allow such an historic event to be suppressed at the national level.
So, please feel free to join us and liberally share this information with others.
In solidarity against the border wall...
Connecting the Dots...Making a difference
Jay J. Johnson-Castro, Sr.
US-Mexican Peace and Unity March
"One Community United Against the Wall"
To the Residents of the Borderlands,
The people of the border share and are united by a history, a language, a culture. While this land may be separated by an international boundary, the people cannot be divided. As construction begins on the proposed border wall, it stands to not only further divide the land but to divide the people.
We of the border are one community. We are all affected when our neighbors are displaced from their homes, are all affected by waves of violence, by unemployment and anti-immigrant measures. As the borderlands experience a difficult time, we cannot be passive and simply hope for change. We cannot allow our community to be parted and so it is for ourselves and our future that we must stand together in an act of solidarity.
As the border wall cuts the land, it cuts the communities of the border and tries to create differences among them. This wall, imposed upon us by those who do not live here, is said to be a form of "security" but there can be no security when division and hate are created.
It's time that we mobilize to stop the building of the wall!
We are urging you to join the Peace and Unity March against the wall. On Wednesday evening, August 27, marchers will gather at Ft. Hancock for a cultural event to celebrate the beginning of the March. On Thursday August 28, the participants will walk to Alamo Alto. Friday, August 29, the march will stop to rest and a community event in Tornillo and end the day in Fabens. The march will continue Saturday, August 30, an will make a rest stop in San Elizario for a community action, to continue to Socorro. After a morning ceremony in Ysleta del Sur on Sunday, August 31, the march will continue to El Paso. A binational act in Anapra/Sunland Park will end the protest.
Those wishing to take part in the march can do so in a number of ways. Marchers are invited to participate for the entire five days, for any shorter amount of time or for the nightly events only. Donations of food, water, and transportation are needed along with monetary contributions. Whether or not you take part in any other way, everyone can help the march by publicizing it and discussing the issues with your friends, family, and neighbors.
Now is the time to act, now is the time to create the change we want to see. With this march, we will show the world that we are one community united against the wall: one voice speaking out for peace.
Join the march! Let us know if you are willing to participate in any way.
On behalf of the Planning Group
Toll Free Number on Self-Deportation Program
We have previously reported on ICE's invitation to aliens to self deport themselves. Pretty dumb, of course. Sandip Roy of New America Media has these observations:
It’s good to know that despite the colossal mess the country’s immigration system is in, the government is working overtime to fix it.
For example, coming up with something like ICE Scheduled Departure Program for non-criminal fugitive aliens.
It’s so simple, it’s brilliant.
In a nutshell you turn yourself in and you deport yourself. In a tottering economy, you save the tax payers thousands of dollars. And you have the privilege of deporting yourself.
Ask not what ICE can do for you. Ask what you can do for ICE. Like its job, I guess.
There’s even a handy 1-866 toll free number you can call if “you are an immigration fugitive and have questions about whether you qualify for the Scheduled Departure Program.”
I didn’t dare try it out but I imagine it could go like this.
“If you are an illegal immigrant please press 1. Para Espanol marque dos.
Please listen to our menu carefully. Our deportation options have changed.
If you are an illegal immigrant and have no criminal record please press 1.
If you are an illegal immigrant with a criminal record, please press 2.
You have pressed 2. Please state your name and address clearly after the tone. An ICE agent will come by shortly to detain you. Thank you for your cooperation.” Click here for the rest of his comments.
Passport Card Acceptable for I-9 Purposes
USCIS INFORMS THE PUBLIC THAT NEW PASSPORT CARD IS ACCEPTABLE FOR EMPLOYMENT ELIGIBILITY VERIFICATION
WASHINGTON—U.S. Citizenship and Immigration Services is informing the public that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.
Last month, the Departments of State and Homeland Security announced that the new passport card was in full production. The new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda.
While the new card is more limited in its uses for international travel (e.g., it may not be used for international air travel), it is a valid passport that attests to the U.S. citizenship and identity of the bearer. Accordingly, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.
The passport card is considered a “List A” document that may be presented by newly hired employees during the employment eligibility verification process to show work authorized status. “List A” documents are those used by employees to prove both identity and work authorization when completing the Form I-9.
For more information on the Form I-9 process, call the USCIS National Customer Service Center at (800) 375-5283 or visit our Website at www.uscis.gov. Information about E-Verify, a free and voluntary program that allows participating employers to electronically verify the employment eligibility of their newly hired employees, can be obtained by visiting our Website at www.uscis.gov/e-verify or by calling (888) 464-4218.
August 8, 2008
L.A. and SF Seminars on Crimes and Immigration
From the Immigrant Legal Resource Center and Norton Tooby:
2008 Fall Crimes and Immigration Day-Long Seminar Series
Immigration Consequences and Post-Conviction Relief in California
Presented by the Immigrant Legal Resource Center and the Law Office of Norton Tooby
San Francisco, CA
October 25, 2008
Golden Gate University School of Law
536 Mission St.
San Francisco, CA 94105
Rooms 5310 & 2202
9:00 am – 5:00 pm
Los Angeles, CA
November 8, 2008
UCLA School of Law
405 Hilgard Ave.
Los Angeles, CA 90095
Rooms 1447 & 1457
9:00 am – 5:00 pm
Hosted by UCLA School of Law’s David J. Epstein Program in Public Interest Law and Policy--------------------------------------------------------------------------------
A day-long seminar on defending non-citizens for immigration and criminal attorneys:
Separate easy-to-understand, simplified morning session for criminal lawyers.
Separate morning session for immigration lawyers on relief in immigration court.
Joint session for both immigration and criminal lawyers on obtaining post-conviction relief to erase convictions and the immigration consequences of criminal convictions.
Katherine Brady, Senior Staff Attorney, Immigrant Legal Resource Center. Author of Defending Immigrants in the Ninth Circuit (2008), and the chapter on "Representing the Non-Citizen Criminal Defendant" in CEB’s California Criminal Law Procedure and Practice.
Norton Tooby, Author of Tooby’s Guide to Criminal Immigration Law (2008), Tooby’s Crimes of Moral Turpitude (2008), California Post-Conviction Relief (2008), Criminal Defense of Immigrants (2007), Aggravated Felonies (2006), Safe Havens: How to Identify and Construct Non-Deportable Convictions (2005), Post-Conviction Relief for Immigrants (2004), and California Expungement Manual (2002).
Go to ILRC.org for more information.
Naturalization Delay/Voting Rights Challenge Dismissed
The New York Law Journal reports that a federal court dismissed a lawsuit seeking to force the FBI and immigration officials to clear a huge backlog of citizenship applications by legal residents in time for election day (for a previous report on this case, click here). The court refused to grant a preliminary injunction sought by the Puerto Rican Legal Defense and Education Fund and the New York Legal Assistance Group. The action claimed the FBI takes far too long to process the name checks that are a prerequisite to full citizenship. Announcing his decision dismissing all claims from the bench, Judge McKenna said that Congress requires the FBI to conduct a full criminal background check for each applicant for citizenship but, "[i]t does not require it to do so in some specific period of time."
New Immigration Articles
Arash Abizadeh (McGill), Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Borders, Political Theory 36.1 (2008): 37-65. Abstract The article challenges the widespread view that democratic self-determination implies the right of democratic citizens to unilaterally control their own polity's immigration and naturalization laws.be relevant to scholars across disciplinary boundaries. The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate.
"Attrition through Enforcement: A Rational Approach to Illegal Immigration" Tulsa Journal of Comparative & International Law, Vol. 15, 2008 KRIS W. KOBACH (University of Missouri at Kansas City)
Abstract: The public debate about illegal immigration in the United States has been based on the false dichotomy that the only choices are either total removal of all twelve to twenty million illegal aliens or total amnesty. This article proposes a concerted strategy of attrition through enforcement such that if the risk of detention, prosecution and involuntary removal increases, and the probability of obtaining employment decreases, the only rational decision for an illegal alien is to depart the United States on their own. A nation-wide strategy of attrition through enforcement would require, most importantly, employer use of the E-Verify system to verify the work authorization of new employees. Additional components include increasing the removal rate of aliens not convicted of serious felonies, increasing the rate of detention during removal proceedings to prevent absconding, increasing agreements between ICE and state agencies, ending sanctuary cities; and increasing the number of ICE interior enforcement agents. Attrition through enforcement works as has been shown to work in Arizona and through the National Security Entry-Exit Registration System. If implemented nationwide, it would do much to restore the rule of law in immigration and gradually reduce the number of illegal aliens in the United States.
KOBACH IS PERHAPS ONE THE MOST ARDENT LAW PROFESSORS IN THE UNITED STATES IN FAVOR OF INCREASDED BORDER ENFORCEMENT.
ABSTRACT: Senator McCain was born in 1936 in the Canal Zone to U.S. citizen parents. The Canal Zone was territory controlled by the United States, but it was not incorporated into the Union. As requested by Senator McCain's campaign, distinguished constitutional lawyers Laurence Tribe and Theodore Olson examined the law and issued a detailed opinion offering two reasons that Senator McCain was a natural born citizen. Neither is sound under current law. The Tribe-Olson Opinion suggests that the Canal Zone, then under exclusive U.S. jurisdiction, may have been covered by the Fourteenth Amendment's grant of citizenship to "all persons born . . . in the United States." However, in the Insular Cases, the Supreme Court held that "unincorporated territories" were not part of the United States for constitutional purposes. Accordingly, many decisions hold that persons born in unincorporated territories are not Fourteenth Amendment citizens. The Tribe-Olson Opinion also suggests that Senator McCain obtained citizenship by statute. However, the only statute in effect in 1936 did not cover the Canal Zone. Recognizing the gap, in 1937, Congress passed a citizenship law applicable only to the Canal Zone, granting Senator McCain citizenship, but eleven months too late for him to be a citizen at birth. Because Senator John McCain was not a citizen at birth, he is not a "natural born Citizen" and thus is not "eligible to the Office of President" under the Constitution. This essay concludes by exploring how changes in constitutional law implied by the Tribe-Olson Opinion, such as limiting the Insular Cases and expanding judicial review of immigration and nationality laws passed by Congress, could make Senator McCain a citizen at birth and thus a natural born citizen.
We have previously blogged about this article, which was discussed in a N.Y. Times article.
August 7, 2008
People in Glass Houses? Julie Myers Again in the News
Daily Kos has an interesting story about the call of Julie L. Myers, the head of U.S. Immigration and Customs Enforcement. She apparently will ask Congress to consider taking disciplinary action against Representative Luis Gutierrez, who has called for a moratorium on ICE enforcement actions until Congress passes a comprehensive immigration reform bill. In a story on Politico.com, Gutierrez, D-Ill. is quoted on recent ICE arrests of undocumented immigrants in the huge slaughterhouse raid in Postville, Iowa, said: "You know who is in charge now? The Gestapo agents at Homeland Security. They are in charge."
Daily Kos reports that a senior ICE official, speaking on condition of anonymity, said that Julie Myers was "absolutely appalled and deeply angered" by the statement. The official said Myers would send a letter to senior members of Congress asking that disciplinary action be taken against Gutierrez..
Myers recently announced "Operation Scheduled Departure," which will allow undocumented immigrants without criminal records a chance to literally "self-deport" by turning themselves in to immigration agents but probably will get few takers.
Myers is no stranger to controversy. She last fall faced an investigation into her own conduct after the U.S. government released to CNN more than 100 photographs of a Halloween party, including several photos that Myers had ordered erased because they were deemed to be inappropriate and offensive. At the party, Myers gave an award for "most original costume" to an employee wearing prison stripes, a wig with dreadlocks and face-darkening makeup. Nonetheless, Congress confirmed Myer's nomination.
Does anyone see any irony in the rumor that Myers might call for the disciplining of Congressman Gutierrez?
New Immigration Books
Carling, Jørgen Migration, human smuggling, and trafficking from Nigeria to Europe / prepared for IOM 2006
From arrival to incorporation : migrants to the U.S. in a global era / edited by Elliott R. Barkan, Hasia Diner, and Alan M. Kraut. New York, N.Y. : New York University Press, c2008
Grugel, Jean Critical perspectives on global governance : rights and regulation in governing regimes 2007
Mulaj, Kledja, 1969- Politics of ethnic cleansing : nation-state building and provision of in/security in twentieth-century Balkans 2008
Pauw, Robert Litigating immigration cases in federal court American Immigration Lawyers Association, 2007 PAUW IS A FIRST-RATE IMMIGRATION LITIGATOR IN SEATTLE.
Jessica LeAnn Nation, immigration, and environmental security 2008
Labor Law Findings at Agriprocessors
A comment from America's Voice:
FOR BUSH ADMINISTRATION, IMMIGRATION VIOLATIONS TRUMP LABOR ABUSES
Iowa Labor Commissioner’s Investigation Uncovers Multiple Violations of Child Labor Laws at Agriprocessors Meatpacking Plant
(Washington, DC) - Yesterday, the Iowa Labor Commissioner’s Office announced completion of a seven-month investigation into child labor law violations at the Agriprocessors meatpacking plant in Postville, Iowa. The investigation uncovered fifty-seven individual cases of underage hiring, along with multiple other violations of labor laws at the plant. A second phase of the state’s investigation is ongoing. Following is a statement from Lynn Tramonte, Policy Director of America’s Voice:
“After several months of investigation, the Iowa Labor Commissioner’s Office has issued a scathing indictment of Agriprocessors’ treatment of its workforce. Not only did the investigation uncover scores of violations of child labor laws, but the stories of wage theft and physical abuse that have emerged are chilling. America’s Voice applauds the Commissioner for exposing this company’s illegal business practices, and urges him to continue his thorough review of labor law violations at the plant. We also join him in calling on the state Attorney General’s Office to bring justice to the workers harmed by this unscrupulous company.
“The state’s actions are in sharp contrast to those of the federal government, which has ignored U.S. labor laws in favor of high profile immigration raids designed more for their public relations value than for their effective enforcement of the law. Even before the immigration raid, Agriprocessors was notorious for its worker abuse, but the U.S. Department of Labor was missing in action. Clearly the Bush Administration’s priority is winning big headlines that show it is getting tough on immigrant workers, not protecting the people who are putting food on our table.
“The tragedy of this situation is that it didn’t have to happen this way. Agriprocessors didn’t have to exploit its workforce in order to turn a profit. The Bush Administration didn’t have to prioritize the criminal prosecution of hard-working immigrants over the enforcement of labor laws to protect all workers. The tiny town of Postville didn’t have to experience the instability, terror, and family separation created by the Bush enforcement strategy. The U.S. Labor Department must step up to the plate and enforce labor laws against immoral companies like Agriprocessors, and Congress must enact common sense immigration reform so that all workers have a voice.”
For more on undocumented worker exploitation, please read Thomas Frank’s column in the Wall Street Journal : http://online.wsj.com/article/fighting_words.html.
States Without Nations (here and here) has been telling the story of "David," "a US citizen who should have been paroled in 2005 but continues to be held in Hancock State Prison in Sparta, Georgia because of wrongfully initiated deportation proceedings that have twice been terminated by an immigration judge." It appears that even U.S. citizens are not wholly immune from the immigration laws and enforcement net.
Which migrants assimilate best? How do we know?
We previously blogged about the French decision barring citizenship to a Moroccan immigrant woman. The court refused citizenship to a woman immigrant from Morocco, who has lived in France for eight years with a French husband, has three French children and speaks fluent French, was refused citizenship recently on grounds of being insufficiently assimilated (as evidenced by wearing a veil). Laura Agustin, an anthropologist whose work we have previously posted on this blog, published an interesting piece on this case in the Guardian. e says
The conseil d'etat said Faiza Silmi's way of life does not reflect "French values", particularly the goal of gender equality. The judgment claims she lives in "total submission" to the men in her life because she wears the niqab, which covers all of the face except the eyes. The decision was approved by commentators from right, left and centre.
Tuition for Deportable Valedictorian
We have previously reported on the high school valedictorian from Fresno who faced deportation because his parents asylum application was denied. Senator Feinstein introduced a private bill for the family, and now a private citizen has offered to pay his college tuition. John Koopman reports in the S.F. Chronicle:
The future looked bleak for 17-year-old Arthur Mkoyan a couple of weeks ago.
A 4.0 student and the valedictorian at his high school in Fresno, Arthur had lost his chance to study chemistry at UC Davis this year because of immigration problems involving his father, who had come to the United States more than 16 years ago. He wasn't sure if he would stay in the States, get deported or ever finish his education.
Until Sherry Heacox stepped in.
The Danville resident saw a story about Arthur's plight in The Chronicle in July and decided to help him out. She's going to pay for him to go to UC Davis for four years. Click here for the rest of the story.
August 6, 2008
"The U.S. Border Patrol: Recruiting Through Education and a Little Glitz"
What Happens When Local Cops Become Immigration Agents? Arizona Sheriff Joe Arpaio's Immigration-Enforcement Activities Impact Budget, Arrest Rates and Response Times
Maricopa Country, Arizona and Sheriff Joe Arpaio's immigration enforcement activities have made national headlines. While some have praised the Sheriff's tough stance, others have criticized his tactics, claiming they have led to racial profiling, have emptied county coffers, and have detracted from investigating other serious crimes. A recent New York Times op-ed from Mesa, AZ Police Chief George Gascon presents a very different approach than that of Sheriff Arpaio. Gascon advocates a new national approach to solving the problem of illegal immigration, noting that the local police alone cannot resolve the issues underlying undocumented immigration and cannot be responsible for enforcing the broken system. This week OnPoint highlights a new fact sheet summarizing the remarkable results of a recent East Valley Tribune investigation into Sheriff Arpaio's immigration enforcement activities. It is entitled "What Happens When Local Cops Become Immigration Agents? Arizona Sheriff's Immigration-Enforcement Activities Impact Budget, Arrest Rates and Response Times" (Immigration Policy Center, August 5, 2008). Click here Download aztribuneseries86081.txt to read it.
The End of Citizenship?
"The End of Citizenship?" by Jonathan Weinberg (Wayne State) will be publsihed by the Michigan Law Review. It is a review of Peter Spiro's new book Beyond Citizenship: American Identity After Globalization (Oxford Univ. Press 2008). Part I of the review challenges Professor Spiro's view that the value of American citizenship is in decline. Part II critiques his discussion of the lines drawn by citizenship law - who is or can become a citizen - and what those lines mean for the nature of citizenship in the modern age. Part III discusses the meaning of citizenship, and the basis for citizenship and immigration exclusions, in the context of contemporary thinking about citizenship and nationhood. It urges that we can best address citizenship's challenges by opening our borders broadly to people who want to become part of the American experiment.
Professor Weinberg is a thoughtful thinker and this review is well-worth reading.
Some Unknown Economic Impacts of this Nation's "Enforcement Only" Approach to Immigration?
The following is basewd on a story from a reader. What do our other readers think?
Immigration law practices receive a fair amount of cash payments. Historically, one practice once received something on the average of 20-25% of it’s payments in cash. Recently the percentage of cash payments has been trending higher. Last quarter, the practice mentioned above received over 55% of its payments in cash. Is this attributable to the increase in the “enforcement only” approach of the U.S. government?
Assuming that this trend is generalizable, it may be that (1) more undocumented immigrants are being paid under the table, as part of the underground economy: and/or (2) they are afraid of popping up on the grid, and are avoiding the banking system altogether by using check cashing services instead of depositing their paychecks into a bank. Perhaps it is a combination of both.
Either way, it is alarming, and points to the negative impact of “enforcement only” on the overall U.S. economy. If more people are being paid under the table, then the U.S. is losing out on much need tax revenue. If more people are avoiding the banks, it is contributing to the credit crunch or squeeze that we are slowly working our way through, since banks can only lend out a multiple of their deposits. If the percentage of cash that the law practice receives is any indication, then perhaps as many as 30% more of the undocumented are now avoiding banks due to the enforcement only environment. Even using the conservative figure of 12,000,000 undocumented, and assuming a relatively low average salary of $20,000 per worker, then we might be talking about over $50 billion dollars that is not showing up as deposits in banks due to the enforcement only situation that we now are in.Considering that the “stimulus package” that congress passed this year was $150 billion, the loss of $50 billion in annual deposits to the U.S. banking industry is in no small way contributing to the credit squeeze that is crippling our mortgage industry.
Immigrant of the Day: Lopez Lomong (Sudan)
We previously highlighted the immigrants on Team USA now in China for the 2008 Olympics. A Sudanese 'Lost Boy' refugee will lead the U.S. contingent in the opening ceremony Friday at the 2008 Games. It is but another another incredible chapter to the incredible story of Lopez Lomong when his U.S. Olympic teammates chose him as the flag bearer in Friday's opening ceremony.
Lopez Lomong (born January 1, 1985 in Kimotong, Sudan) qualified for 2008 Summer Olympics in the 1500 meters at the United States Olympic track and field trials in Eugene, Oregon. Lomong is one of the Lost Boys of Sudan, a young refugee who was resettled with a foster family in the United States.
Lomong attended high school in upstate New York where he helped lead the cross country and track teams to sectional and state titles, and later competed for Northern Arizona University. In 2007, Lomong was the division I NCAA indoor champion at 3000 meters and the outdoor champion at 1500 meters.
Lomong is a member of Team Darfur, a group of athletes urging China to exert pressure on Sudan's government to address the violent conflict in Sudan's Darfur
Protect them, protect us
This piece by a former US ambassador (Jeffrey Davidow) discusses a very topical issue. At issue are the cases of 51 Mexican nationals who were arrested, tried and sentenced to death in the United States but were denied consular notification and access. Mexico sought a remedy for these U.S. breaches of the Vienna Convention at the International Court of Justice, the principal judicial arm of the United Nations and the international body that the United States and other Vienna Convention signatories had agreed would resolve such disputes. The United States was the first nation to invoke its jurisdiction related to the Vienna Convention, in a case filed against Iran during the 1980 hostage crisis. The court heard the case filed by Mexico and directed a modest remedy: a judicial proceeding in each of the cases to determine whether each defendant´s case was prejudiced by not having consular access. In 2004, the administration of U.S. President George W. Bush attempted to enforce the court judgment by directing states to provide the required judicial review. The U.S. Supreme Court, however, in the Medellín vs. Texas decision issued last March (Jose Ernesto Medellin was put to death by the state of Texas on Tuesday night), held that although the United States is bound by international law to comply with the International Court of Justice decision, neither that decision nor President Bush´s directive is directly enforceable in domestic courts without action by Congress.
Tommy Tancredo Rides Again!!! Press Release: "Tancredo Asks Schwarzenegger to Cut Services to Illegals": Michael Savage -- Call Out the Military!
Rep. Ton Tancredo, an anti-immigrant advocate in Congress (and one time Republican Presidential candidate) who is not seeking re-election, released a letter to California Governor Arnold Schwarzenegger on how to deal with the state's budget crisis. His suggestion -- kick undocumneted immigrants out of the publoc elementary and secondary schools (and thus run afoul of the Supreme Court's 1982 decision in Plyler v. Doe) and stop local government's from adopting sanctuary policies.
Thanks for the advice, Congressman Tancredo. The "blame the illegals" strategy may get you back in the news but will not solve the budget difficulties facing the state, especially since part of the suggested solution calls for defying the Supreme Court and is not truly a viable option.
Media Matters report an even more egregious form of scapegoating by shock jock Michael Savage. Discussing the Italian government's decision to deploy soldiers on city streets to combat crime allegedly committed by illegal immigrants, Savage said:
"So they've done there what we need to do here. We need to get our troops out of Iraq and put them on the streets of America to protect us from the scourge of illegal immigrants who are running rampant across America, killing our police for sport, raping, murdering like a scythe across America while the liberal psychos are telling us they come here to work." Savage added: "[Y]ou turn on the cable news, they're covering again a missing child. Not a missing country but a missing child. ... We hear about the rape of a woman, but not about the rape of the Statue of Liberty. The Statue of Liberty is crying, she's been raped and disheveled -- raped and disheveled by illegal aliens." Click the link above to hear an audio of the diatribe.
August 5, 2008
Latest Research: Immigrants Don't Hurt Native Workers
Businessweek reports on new research by economist Gianmarco Ottaviano of the University of Bologna and Giovanni Peri of the University of California at Davis. They say immigrants compete for jobs with broader swath of native workers, diluting their impact on the least skilled segment of the local workforce. They also say that employers can't substitute an immigrant for an American that easily. They find that immigration's effect on local worker's wages is almost too small to measure. Here is the paper. Download op_redux_july_20081.txt
This latest research contradicts the research of Harvard Economist George Borjas. The issue of immigration's impact on domestic workers has long influenced the immigration debate. And the controversy -- and this study or 100 like it -- will not likely subside soon.