Saturday, November 26, 2011
rom the Associated Press
Sonoma County officials say they haven't seen any increase in crashes or crime under a policy that allows undocumented immigrants to avoid potential deportation when they're stopped for minor traffic violations.
The policy announced last month allows deputies to accept Mexican consular ID cards called matricula as identification when they stop drivers for infractions such as running stop signs.
Undocumented immigrants from Mexico can't obtain California driver's licenses and previously, when they were pulled over, authorities had to arrest them, which often led to deportation.
Sheriff's Lt. Glenn Lawrence says offending drivers are still cited but now they won't be taken into custody.
More than 1,000 police departments nationwide, including San Francisco's, accept the cards as valid ID.
ImmigrationProf reported earlier this week that Republican Presidential candidate Newt Gingrich had appeared to soften his positions on immigration at the most recent debate of the Republican candidates. Associated Press analyzes how Gingrich is risking drawing conservative ire just as he has become a frontrunner for the Republican nomination.
Friday, November 25, 2011
Dan Kowalski on LEXIS-NEXIS Immigration Law Community tells how, in 2009 ICE and EOIR deported Fred MacDonald, an S13 Canadian Born American Indian. In 2011 ICE admitted it was a mistake, because under INA Sec. 289, 8 C.F.R. 289 and Matter of Yellowquill, 16 I&N Dec. 576 (BIA 1979) S13 American Indians born in Canada are not subject to deportation. In two related federal cases, MacDonald is seeking damages; DOJ has moved to dismiss.
Immigration Article of the Day: Rationing Family Values in Europe and America: An Immigration Tug of War between States and Their Supra-National Associations by Stephen H. Legomsky
"Rationing Family Values in Europe and America: An Immigration Tug of War between States and Their Supra-National Associations" Georgetown Immigration Law Review, Forthcoming. STEPHEN H. LEGOMSKY, Washington University in Saint Louis - School of Law (Chief Counsel, Citizenship and Immigration Services).
Abstract: Family reunification – for decades, the centerpiece of immigration policy practically everywhere – is under siege today in both Europe and the United States. Two trends, however, seem to have escaped notice. First, the most popular restriction strategies have been quantitative controls that “ration” family reunification by reducing or delaying admissions - as distinguished from qualitative immigrant “selection” policies that aim only to screen out individuals with undesirable personal attributes. Second, and perhaps counter-intuitively, the supra-national associations of which these very States are members have been pushing in precisely the opposite direction, constraining the powers of their constituent States to restrict family reunification. The result has been a tug of war, in which States adopt continually tighter restrictions, the supra-national associations respond by limiting States’ powers to restrict, and the States continue to test those limitations. This article documents and describes the increasing barriers to family immigration in the United States and the individual Member States of the European Union, highlights the more specific trend in favor of the rationing strategies, and contrasts the restrictive impulses of the EU Member States and the United States with the resistance from their own supra-national associations. It then hypothesizes several theories for that dissonance.
On Wednesday, the federal district court in Montgomery, Alabama temporarily blocked a section of Alabama immigration law HB 56. A civil rights coalition filed a lawsuit challenging this application of Section 30, which demands ‘papers’ for everyone applying for mobile home tags they need to remain in their homes.
Not really but Big Bird did work with a young undocumented actor. Read about Carlo Alban, a 32-year-old actor who came from Ecuador as a child and was an undocumented immigrant for most of his teenage life. But he was also one of the main characters on Sesame Street for five years. Carlos now is a U.S. citizen.
Thursday, November 24, 2011
Call for Papers, Workshop on Human Trafficking, International Crime and National Security: A Human Rights Perspective Deadline: 30 November 2011
The organizers are inviting submissions for a workshop on human trafficking, international crime and national security with a particular focus on human rights, to be held in Goettingen, Germany, on February 3-4, 2012.
As part of the European Commission’s Project on Indexing Trafficking in Human Beings, this workshop brings together economists, political scientists, and other scholars, as well as policy makers to address emerging problems of human trafficking and transnational crimes. Distinguished Key Note Speaker Beth Simmons (Clarence Dillion Professor of International Affairs, Harvard University, Department of Government)
Submission of Papers Empirical, theoretical and policy-oriented papers on the topics are welcome.
Please submit full papers to [email protected]. The deadline for submission is November 30th, 2011. Decisions will be made by December 31th, 2011.
Workshop Format, Attendance, Registration and Accommodation Presenters of accepted papers are expected to attend the entire workshop. The number of presenters will be limited to about 30. Travel expenses will be reimbursed and accommodation will be provided for presenters of accepted papers.
There is no registration fee.
Workshop Venue: Georg-August University of Goettingen, Germany Goettingen is an old university town located in the central part of Germany. It takes 2 hours from Frankfurt by train.
Program Committee Axel Dreher (Heidelberg University) Eric Neumayer (London School of Economics and Political Science) Seo-Young Cho (University of Goettingen)
Immigration Article of the Day: The Removal of Irregular Migrants in Europe and America by Stephen H. Legomsky
"The Removal of Irregular Migrants in Europe and America" REASEARCH HANDBOOK ON MIGRATION AND INTERNATIONAL LAW, Vincent Chetail, ed., Edward Elgar Publishing, 2012 Washington University in St. Louis Legal Studies Research Paper No. 11-10-03 STEPHEN H. LEGOMSKY, Washington University in Saint Louis - School of Law (Chief Counsel, Citizenship and Immigration Services).
ABSTRACT: If there is a clear trend in the world’s contemporary immigration debates, it is the ascendancy of irregular migration to center stage. The preoccupation with irregular migration in turn has spawned increased attention to, and policy prioritization of, the removal of irregular migrants. This chapter describes the removal processes that are in place in the United States and the European Union, including the use of readmission agreements in the latter. The chapter then seeks to place removal in context by exploring the broader range of policy responses adopted or proposed in the United States and, in some instances, in the European Union.
Wednesday, November 23, 2011
The cover of the November 28th issue of the “New Yorker” includes an illustration of a woman dressed as a pilgrim crossing what looks like the US-Mexico border.
“Too often in politics, very complex subjects are being turned into sound bites, so it’s easy to take them apart,” Niemann, explained to the “New Yorker.” In “Promised Land,” he says, “I draw a parallel between current immigrants and early settlers — the hope is that it will provide context, to help keep things in perspective. Cartoonists, not politicians, should be the ones who condense political discussions into simple images.”
Niemann was born in Germany and moved to New York City in 1997. However, after 11 years he moved back to Berlin with his wife and three sons.
Yesterday, the Department of Justice (DOJ) filed suit against the state of Utah to block the implementation of HB 497, which mandates that local police enforce immigration laws. Several provisions of the law have already been enjoined as a result of previous legal challenges from immigrant rights groups. The DOJ claims that HB 497 violates the Constitution, and the suit is consistent with its other challenges in Alabama, Arizona and South Carolina.
Utah's HB 497 is similar to Arizona's SB1070, however Utah state legislators attempted to couple the enforcement bill with a state-level guest-worker program. The guest-worker program is not yet being challenged by DOJ, as it does not go into effect until 2013.
The DOJ press release states that "the law’s mandates on law enforcement could lead to harassment and detention of foreign visitors and legal immigrants who are in the process of having their immigration status reviewed in federal proceedings and whom the federal government has permitted to stay in this country while such proceedings are pending."
Merrill Clark, Esq. has provided the immigration highlights from the latest Republican Presidential debate, this one ostensibly focusing on on national security See Download Immigration highlights from 11222011 debate.
Here is Merrill' capsule summary:
"Rising Newt Gingrich made the news with his proposal to semi-legalize undocumented people who have been here for a long time. Only 23 mentions of `illegal' rather than previous 36 mentions of `illegal' and this debate was theoretically about foreign policy."
The tenor of the discussion among the candidates was more balanced than the previous debates in which each candidate tried to establish that he or she was were more immigration enforcement-oriented than the next candidate. There was a good deal of support for skilled immigrants and Newt Gingrich sounded willing to conteplate some kind of path to legalization, which Michele Bachmann instantly translated as an "amnesty" for 11 million undocumented immigrants. Are we seeing Newt the Statesman emerging?
Janet Napolitano, the Secretary of Homeland Security, posted this on the White House blog on November 16:
Today I joined local law enforcement and elected officials from communities along the Southwest border at the White House for a roundtable discussion on the ongoing collaboration among federal, state and local partners to keep our border communities safe and secure while facilitating legal travel and trade.
Protecting communities along our borders is vital to our homeland security and critical to our economic prosperity. Since 2009, DHS and partners across the federal government have deployed unprecedented levels of personnel, technology,and resources to the Southwest border. The Border Patrol is better staffed today than at any time in its 87-year history with more than 18,500 agents along the Southwest border, more than double the boots on the ground a decade ago.
The men and women of DHS work closely with our state and local partners each and every day to ensure the safety and security of our borders. As a result, the Southwest border is safer, illegal immigration attempts are at historic lows,and we are seizing more cash, drugs, and contraband. During the meeting, I also conveyed the Obama Administration’s support for these border communities and for communities all across America to helping police officers and first responders who are charged with the responsibility of ensuring a safe, secure and resilient homeland through the American Jobs Act. Even in a difficult economic climate where we are faced with budget cuts across the board, we cannot afford to undermine law enforcement and first responder capabilities and jeopardize public safety. That is why the American Jobs Act provides $5 billion to state and local communities to create or save thousands of police and first responder jobs.
As we discussed in our meeting today, the Southwest border is open for business. While we continue our work securing our borders, we must also facilitate legitimate trade and travel. Our efforts to encourage economic development support jobs in communities along the border and all across America.
The Center for Latin American, Caribbean and Latino Studies has released its annual report on the Latino population of New York City, The Latino Population of New York City, 1990-2010.
This report examines the newly released data from the 2010 Census and the 2010 American Community survey and compares them with data from 1990 and 2000 to determine changes over time among the City's Latino population.
The report includes a series of maps depicting the location, by census tract, of all Latinos and the five largest Latino national subgroups. Here are some of the findings:
The City's Latino population continued its steady increase from 1.7 million people and 24% of the total population in 1990 to nearly 2.4 million and 29% of all New Yorkers in 2010.
Within the Latino population Puerto Ricans declined in absolute and relative terms from 49% of all Latinos in 1990 to 31% in 2010. Over the same period Dominicans increased from 20% to 25% of all Latinos and are poised to surpass Puerto Ricans in absolute terms within the next decade.
Mexicans were the fastest growing Latino national subgroup and increased from 3% to 14% of the City's Hispanic population between 1990 and 2010.
Mexican population increase was linked to large-scale migration after 1990 and extraordinarily high fertility and birth rates compared with other groups. If these rates hold Mexicans will become New York City's largest Latino nationality within two decades.
Ecuadorians also continued to arrive in the City in large numbers between 1990 and 2010.
By 2010 over 80% of the City's Latinos lived in the Bronx, Queens, and Brooklyn.
Politico.Com has a summary of the brewing confrontation, with links to the cert petition and the U.S. Government's brief in opposition, between the United States and Arizona in U.S. v. Arizona. The Court should be deciding on the state of Arizona's cert petition in the next few weeks.
Tuesday, November 22, 2011
From Yahoo News:
In one of South Florida's upscale, rural enclaves, where peacocks roam and horse trails are as common as sidewalks, town leaders decided to bring in much of their money from an unusual business: a prison.
Only the leaders of Southwest Ranches kept their plans quiet from residents for almost a decade, and the project has now ballooned into what would be among the federal government's largest immigrant detention centers. The town would have to pay $150,000 each year to keep the prison, but officials say the town would turn a profit by getting 4 percent of what U.S. Immigration and Customs Enforcement pays the company operating the prison to hold inmates there.
Many residents finally caught wind of the idea this year, when the immigration agency announced a tentative deal, and they're angry. They've held protests at public meetings, contemplated whether to recall the mayor before his March election and whether to amend the town charter to make it easier to fire the city attorney pushing the deal.
The objection over the prison has created an odd set of allies among the town's affluent residents, many of whom are wary of undocumentedl immigrants, and longtime activists who fight for immigrants, legal or not. Read more...
Guest post provided by Jason Thai, marketing manager at FoxTranslate, a document translation service specialized in translating immigration, legal, and business documents in over 30 different languages
With unemployment rates hovering near double digits the last two years and meager growth forecasted by most economists, prospects do not look great for the United States job market. However, does the unfavorable trend signify that the U.S. is becoming a less desirable place to immigrate? More importantly, will the diminished prospects slow down the number of foreigners legally immigrating to the U.S.? Typically, anytime there is a reduction in job opportunities, the desirability of a location diminishes. Yet, it’s not so clear that the U.S. will see a reduction in the number of immigrants. To better gauge the impact of economic conditions on immigration trends, I compared historical unemployment rates (a good metric for overall economic health) against the number of annual green card recipients (permanent resident grants) over the last thirty five years.
Immigration Article of the Day: Hearing Difficult Voices: The Due Process Rights of Mentally Disabled Individuals in Removal Proceedings by Alice J. Clapman
Hearing Difficult Voices: The Due Process Rights of Mentally Disabled Individuals in Removal Proceedings by Alice J. Clapman University of Baltimore School of Law New England Law Review, Vol. 45, p. 101, 2011
Abstract: Every day, immigration judges are faced with unrepresented respondents who present signs of severe mental impairment and possible incompetence. They are given no resources for, or guidance on, how to address the situation. Every day, non-citizens with mental impairments are ordered removed from the United States even though, if their stories were actually heard, they might be found eligible for relief. This article provides both theoretical and practical guidance to the decision makers who must address the problem. The article describes the current situation, in which various decision makers respond to the problem in various ways, often by glossing over it. The article then sets out a legal argument derived from different strands of due process jurisprudence (due process in removal proceedings; civil due process generally; and due process with respect to mentally impaired litigants) for why additional procedural protections are necessary. Finally, the article discusses the types of safeguards that would be feasible and adequate, such as setting a clear competency standard requiring both passive and active abilities, imposing disclosure duties on DHS and investigative duties on the immigration judges, creating an expert panel within DOJ to perform competency evaluations, revising procedural rules to require judges to focus on objective evidence where an applicant is incapable of satisfying the current standards for credible testimony, providing for skilled, court-appointed representation where necessary (in some cases in a hybrid guardian-advocate role), and authorizing immigration judges to terminate proceedings in the rare case in which no other safeguard would be adequate.
Yesterday, as scores of leaders from Congress, the faith and civil rights communities, labor and business launch the “One Family, One Alabama” campaign to push back against Alabama’s anti-immigration bill, H.B. 56, the Center for American Progress released “100 Reasons Why Alabama’s Immigration Law is a Disaster.” The “100 Reasons” webpage outlines how H.B. 56 is damaging the state’s economy, undermining Alabamans health and safety, and jeopardizing the welfare of children and families across the state.
These 100 reasons include 10 Numbers You Need to Know About Alabama’s Anti-Immigrant Law, and the top 10 reasons Alabama’s new immigration law is a disaster for the rule of law, for families, public health, agriculture, education, faith communities, community safety, the state’s economy, and the government.
Monday, November 21, 2011
Effort to Repeal Anti-Immigrant Alabama Law Launched
Lawmakers to Hear From People Affected by Law
(Birmingham, Ala.)—The effort to repeal the anti-immigrant Alabama law kicked off today with people adversely affected by H.B. 56 telling members of Congress their stories.
The Alabama Coalition for Immigrant Justice, comprised of many key groups, is leading the campaign “One Family, One Alabama” to repeal H.B. 56. In September, U.S. District Court Judge Sharon Lovelace Blackburn refused to block the toughest provisions of H.B. 56.
“The law has given police carte blanche to racially profile people,” said Deepak Bhargava, executive director of the Center for Community Change. “We support the effort to repeal the law. Already, dozens of national groups have joined the campaign. This is a wakeup call to other states.”
Several Democratic members of Congress, including immigration reform champion Rep. Luis Gutierrez (D-IL), will hold a hearing tonight to listen to how the law has affected the community. The hearing will include testimony from law enforcement, school and locally elected officials, as well as immigrants affected by the law.
For more information on One Family, One Alabama, go to http://www.acij.net/.