December 17, 2011
Immigration and the Latest Republican Debates
Merrill Clark has provided ImmigrationProf with the immigration portions of the two most recent Republican Presidential debates. See Download Immigration Portions of 12112011 and Download Immigration Portions of 12112011.
The most surprising immigration part from the December 11 and 15, 2011 debates was in the second debate the question-statement of moderator Bret Baier of Fox News to Jon Huntsman regarding a recent Fox News poll:
"Governor Huntsman, a recent FOX News poll showed that 66 percent of voters believe that the government should allow a pass to citizenship for the illegal immigrants who are already here in this country. Nearly three-quarters of Latinos agree. Given these majorities and given the growing importance of the Latino vote in the general election, does the Republican presidential candidate need to take a more moderate approach on this issue if he hopes to defeat President Obama?"
Wow, maybe Fox News is fair and balanced or, more likely, trying to help moderate the extreme Republicans to try win the election.] Despite the overwhelming majority of 66% people in favor of a "pass," per Fox News, and who will doubt that, probably the most "near progressive" of the Republican candidates on immigration is Newt Gingrich, who advocates legalizing someone here for 25 years with a job, kids and grandkids. As conservative Fox News was delicately trying to point out, there is a huge chasm between what the Republican candidates are advocating and what the American people want. I never thought I would say this, but: Good job Fox News!
Google Joins Fight Against Human Trafficking and Slavery
Last Wednesday, internet search giant Google announced that it will provide $11.5 million in grants to organizations working to end modern-day slavery and human trafficking. Gary Haugen, head of International Justice Mission, one of the grant recipients, called the move a "game-changing investment." Unfortunately, as ImmigrationProf has reported, human trafficking and slavery is a poroblem in the United States and the world over.
Sheriff Joe "Defiant" in Face of Justice Department Report
Earlier this week, ImmigrationProf posted the Department of Justices report on the pattern and practice of civil rights violations of Latinos an dimmigrants by the Maricopa County (Arizona) Sheriff's office.
The Arizona Republic reports that Sheriff Joe Arpaio "remained defiant . . . Sheriff Joe Arpaio said the Justice Department conclusions made public this week focused on `isolated incidents.' He said he is willing to enter talks with federal officials but will not allow them to monitor his office."
It is hard to see how Sheriff Arpaio can say that the Justice Department focused on "isolated incidents" (although it is somewhat startling that he does not deny that any of the incidents occurred). Offering details, dates, and more, the Justice Department concluded that the County engaged in discriminatory policing, including racial profiling of Latinos and discriminatory treatment of limited English proficient inmates. The Department concluded that the County engages in police practices that violate the U.S. Constitution and various federal statutes. The report found a "pervasive culture of discriminatory bias against Latinos at MSCO that reaches the highest levels of the agency.” (emphasis added). “In [Maricopa County Sheriff Office's] jails, detention officers directed racial slurs at Latino inmates. . . . Our investigation also found that MSCO detention officers called Latinos `wetbacks,’ `Mexican bitches,’ `fucking Mexicans,’ and `stupid Mexicans’ when either talking among themselves or addressing Latino inmates.” “Sheriff Arpaio has promoted a culture of bias in his organization and clearly communicated to officers that biased policing would not only be tolerated, but encouraged.” (emphasis added). It sounds like the Justice Department found more than simply a few "isolated inclidents" of discrimination but a pattern and practioce of egregious discrimination against Latinos.
Radio Program on Access to Education: Michael Olivas Speaks
LIsten to, among others, Professor Michael Olivas (Houston; President, Association of American Law Schools) discuss undocumented students and access to education. Olivas is the author of the new book No Undocumented Child Left Behind (NYU Press 2012). The program airs Friday 10pm, Saturday 5am, 11am, 8pm and Sunday 12am, 7pm ET on Sirius XM 113 and via the web on Bloomberg Radio.
December 16, 2011
2011 World Migration Report
The International Organization for Migration has just released its 2011 World Migration Report, which calls for more informed and transparent communication about migration. The report notes that anti-immigrant sentiment is on the rise and discusses how migration policy is heavily influenced by public opinion, which in turn is greatly impacted by the media. It then provides strategies for depoliticizing the debate and supporting balanced media reporting.
Legal Immigration to the United States
More than 1 million people became legal permanent residents in the United States in 2010. Nearly two-thirds of new lawful premanent residents are immigrants with family ties in this country, report Migration Policy Institute's Carola Balbuena and Jeanne Batalova in this updated look at the latest statistics on legal immigration.
On International Migrants Day: End Detentions and Deportations
From the Natinal Network for Immigrant and Refugee Rights:
On International Migrants Day, December 18:
U.S. Immigrant Rights Groups Urge An End to Detentions & Deportations,
Cite High Human Cost to Immigrant Families
(Oakland, CA) As we approach International Migrants Day (December 18), U.S. immigrant rights groups urge the U.S. government to take immediate measures to end the detention and deportation of immigrant women, men and children, and its subsequent high human cost. 2011 marked a record year of deportations, coupled with ongoing detentions that separate and destabilize families and undermine community health, most recently highlighted by the DOJ's scathing report of Maricopa County's systemic human rights violations and DHS's decision to suspend 287(g) in the county.
“Despite the Obama Administration’s claims that they are only deporting so-called dangerous criminals, we witnessed the most deportations ever in the history of the U.S., including a record number of un-accompanied minors and long-term residents who are prosecuted for illegal re-entry,” declared Catherine Tactaquin, Executive Director of the National Network for Immigrant and Refugee Rights (NNIRR). “Until there is an end to these punitive enforcement programs and practices, and concrete steps are taken toward durable solutions to regularize the status of undocumented immigrants, our communities will experience another generation of oppression and hardship.”
Earlier this year, NNIRR released a human rights report, Injustice for All: Rise of the Immigration Control Regime, which documented long-standing human rights abuses through existing policies and practices, such as “Secure Communities,” that result in the vile persecution of immigrant families, workers and communities.
“The recent ICE raid at Shogun Buffet, an Asheville restaurant, resulting in the detention and possible deportation of a dozen immigrant workers shows the Obama Administration’s strategy of ‘smart enforcement’ is more of the same under the Bush Administration. It is shameful that the Administration continues these punitive policies that crush families, tear parents away from their children, and subject them to emotional and physical trauma,” stated Laura Rivas, co-author of the report. “Every day this year, the U.S. commits grave human rights violations. By criminalizing an entire class of people due to their immigration status, perceived or real, our government has also made them more vulnerable to abuse, discrimination and economic exploitation.”
As this year’s International Migrants Day comes on the heels of the 5th Global Forum on Migration and Development (GFMD) in Geneva, Switzerland, NNIRR called attention for global governance to respond to the human rights crisis facing migrants around the world.
“The U.S. has now taken leadership within the GFMD process,” commented Colin Rajah of Migrants Rights International (MRI), which has been organizing parallel civil society forums and actions in conjunction to the GFMD, “But after half a decade of dialogue, it is time for action as we witness ever-worsening conditions for migrants around the globe. We urge the U.S. to set an example with relief for undocumented immigrants from persecution within the U.S. And the U.S. can play a stronger role in shaping global governance to protect the human rights of all migrants, regardless of status or their perceived economic value to a country.”
International Migrants Day was recognized by the United Nations in 2000 to commemorate the passage of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (commonly referred to as the Migrant Workers’ Convention) on December 18, 1990. NNIRR is renewing its call to the U.S. to ratify this critical Convention and commit to ending punitive enforcement policies and practices.
NNIRR is also joining a global day of action against racism and for the rights of migrants, refugees and displaced people, in which dozens of actions are being taken up around the world.
Immigrant community groups around the U.S. are also marking International Migrants Day with marches, press conferences, candle-light vigils, cultural events, art-exhibits, film-screenings in cities such as Honolulu, HI; Tucson, AZ; Oakland, CA; Chicago, IL; Asheville, NC; and New York, NY.
To view a partial list of events as well as details and contact information, click here.
The Facts about the SAVE Program
From the Immigration Policy Center:
Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet
Washington D.C. - Alabama and other states that have passed harsh anti-immigration laws want a fast, simple way to determine whether someone is lawfully or unlawfully present in the United States. These states are planning to lean heavily on the Systematic Alien Verification for Entitlements (SAVE) program to verify an individual's status.
However, there is no magic database or system that gives the simple, speedy determination of unlawful presence that states crave. The SAVE program, operated by the United States Citizenship and Immigration Services (USCIS), does not and was never designed to meet these needs.
This fact sheet explains the purposes of the SAVE program, its limitations, and its inability to meet the demands placed upon it by state legislators seeking an easy answer to the lawful presence question.
To view the fact sheet in its entirety see:
University of Miami Immigration Clinic Position
The Immigration Clinic at the University of Miami School of Law is advertising for a Practitioner-in-Residence/Lecturer position to start in July or August 2012. The position is to work with me to teach and run all aspects of the Immigration Clinic. It is a temporary position with a contract that is for one year, renewable for up to three years. Applicants should have practice experience representing noncitizens, a demonstrated commitment to public interest law, strong academic credentials and writing ability, and the potential for a being a successful teacher. Preference will be given to applicants with post-law school practice experience. While a bar license from any state is required, a Florida bar license is not required. Fluency or proficiency in Haitian Creole or Spanish is a plus. To apply, email a resume, statement of interest including career goals and other relevant experience, a writing sample, a list of three references and their contact information, and your law school transcript to BOTH: ImmigrationClinicPosition@law.miami.edu and firstname.lastname@example.org. Applications will be considered on a rolling basis after January 31, 2012. Applicants are encouraged to apply before January 31, 2012.
December 15, 2011
Death on the Border Chapter 1001: DESERTED: THE HUMAN RIGHTS CRISIS ON OUR SOIL
Breakthrough today released DESERTED: THE HUMAN RIGHTS CRISIS ON OUR SOIL, a brief video vividly depicting the scale and impact of migrant deaths in the Arizona desert.
ImmigrationProf has frequently highlighted the fact that migrants are regularly dying along the U.S./Mexico border. This is a tragic situation that has attracted little public attention or sympathy.
Migrant Deaths Along the Arizona-Mexico Border Continue
DESERTED: THE HUMAN RIGHTS CRISIS ON OUR SOIL
New video documents shocking rate of migrant deaths in Arizona desert
NEW YORK, NY – December 15 – Innovative global human rights organization Breakthrough today released DESERTED: THE HUMAN RIGHTS CRISIS ON OUR SOIL, a brief video vividly depicting the scale and impact of migrant deaths in the Arizona desert.
Just this Monday, the United States Supreme Court said it would review Arizona’s controversial anti-immigration law (S.B. 1070). On Tuesday, a federal judge temporarily blocked part of Alabama’s immigration law (H.B. 56), considered the toughest in the nation.
Yet as debate rages in courts and communities about those migrants who do make it here, scant attention is paid to those who do not, say advocates.
“Thousands of people are starving, suffering and dying on our own soil. Families are destroyed every day. This crisis transcends the particulars of the immigration debate. It demands humanitarian aid and humane reform. And it challenges us to reaffirm the true American values of family and dignity,” said Mallika Dutt, president and CEO of Breakthrough.
The remains of at least 6,000 migrants have been found on U.S. desert land since U.S.-Mexico border policies were implemented in the 1990s. Some groups estimate that for each set of remains recovered, those of 10 more people are lost to the harsh desert elements. Advocates and authorities attribute the escalating number of deaths not only to rising heat but also to ever-tightening border security that forces migrants into more remote and dangerous terrain.
DESERTED includes chilling images of a Tucson morgue in which row after row of body bags contain John and Jane Does whose families may never know what happened to them. DESERTED calls on viewers — who may hold diverse opinions about U.S. immigration — to recognize these deaths as a humanitarian emergency and call for an end to this human rights crisis.
Breakthrough has released DESERTED in advance of the United Nations’ International Migrants Day, observed annually on December 18 to recognize the efforts, contributions and rights of migrants worldwide. Activist groups featured in the video are the Coalición de Derechos Humanos, DRUM (Desis Rising Up and Moving), and VAMOS Unidos. The video urges viewers to learn more about and take action to end this crisis by visiting No More Deaths (www.nomoredeaths.org) and Coalición de Derechos Humanos (www.derechoshumanosaz.net).
DESERTED may be viewed here:
This history of Operation Gatekeeper is covered in my text: Defning American Through Immigration Policy.
Limited English Proficient Individuals in the United States: Number, Share, Growth, and Linguistic Diversity
The Migration Policy Institute has releasedLimited English Proficient Individuals in the United States: Number, Share, Growth, and Linguistic Diversity By Chhandasi Pandya, Margie McHugh, and Jeanne Batalova. Here is an abstract:
The number of US residents who are deemed to be Limited English Proficient (LEP) has increased substantially in recent decades, consistent with the growth of the US foreign-born population. With LEP individuals now representing 9 percent of the US population, an increasing number of states and localities must grapple with issues of communication and English language learning. This data brief offers the most up-to-date analysis on the number, share, growth, and linguistic diversity of LEP individuals in the United States from 1990 to 2010 at the national, state and metropolitan-area levels, with maps and detailed state-level data.
U.S. DOJ's Investigation of the Maricopa County Sheriffs Office: A Textbook Pattern and Practice of Civil Rights Violations of Latinos and Immigrants
The long-awaited report on the Department of Justice's investigation of Maricopa County Sheriff Joe Arpaio's office, featured often on ImmigrationProf, is finally complete. Read it for yourself. The facts -- and rampant and flagrant -- violations of civil rights of immigrants and Latinos is shocking. Racial profiling, police brutality, racial slurs, discriminatory detention practices, etc. are all documented in the lengthy report. It makes one wonder how this could happen in the modern United States!
Here is the AP summary of the report:
"The federal government issued a scathing report Thursday that outlines how Maricopa County Sheriff Joe Arpaio's office has committed a wide range of civil rights violations against Latinos, including a pattern of racial profiling and discrimination and carrying out heavy-handed immigration patrols based on racially charged citizen complaints.
Here is the "remedial measures" section of the DOJ report:
"The factual findings detailed above provide reasonable cause to believe that [Maricopa County Sheriff's Office (MCSO)] has committed violations of the First, Fourth, and Fourteenth Amendments to the United States Constitution, Section 14141, and Title VI. The Civil Rights Division accordingly notifies you that, absent MCSO taking clear steps toward reaching an agreement with the Division to correct these violations in the next 60 days, the United States will conclude that voluntary compliance is not possible and will initiate civil litigation to compel compliance with Section 14141 and Title VI. Should MCSO indicate within those 60 days that it does not intend to work with the Division, we may initiate suit in fewer than 60 days. MCSO is further cautioned not to intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the civil rights laws we enforce.
The constitutional violations and institutional deficiencies highlighted above are the product of an ingrained culture that encourages and tolerates the discriminatory treatment of Latino persons and an agency that lacks the requisite policies and practices to ensure effective and constitutional law enforcement. Reform will require sustained commitment to long-term structural, cultural, and institutional change, including, but not limited to, the following:
• Training for Deputies: MCSO must develop effective and meaningful training for deputies in constitutional policing, including how to perform stops, searches, seizures, and arrests consistent with the requirements of the Fourth and Fourteenth Amendments.
• Special Operations and Specialized Units: MCSO must develop and implement detailed policies, procedures, and training regarding (1) special operations, including, but not limited to, crime suppression sweeps or saturation patrols, worksite raids, drop house raids, and roving smuggling patrols, and (2) specialized units, including, but not limited to, SWAT, HSU, and CES.
• Data Collection and Risk Management: MCSO must develop and implement a data collection system regarding all law enforcement activity in order to enable MCSO to supervise, manage, and intervene, when appropriate. Such a program requires detailed auditable reports for traffic and pedestrian stops; immigration-related stops, raids, or inquiries; searches and seizures; and worksite raids.
• Complaint System and Internal Affairs: MCSO must develop and implement a comprehensive complaint, investigation, and disciplinary system to enable it to hold officers accountable when they violate policy and/or the law. The complaint system must be accessible to all community members and allow the public to make complaints against MCSO staff and deputies without fear of retaliation. The internal investigative process should include clear avenues for adjudication, discipline, and criminal prosecution, if necessary, as well as access for LEP individuals.
• Language Access: MCSO must develop and implement a comprehensive language access program for its deputies and officers who encounter LEP individuals in the jails and for its enforcement activity in the community. Training on this program must be routine and detailed, such that all staff are aware of their language access obligations and are held accountable for failure to implement appropriate measures.
• Community Outreach: MCSO must meet the law enforcement needs of all its residents, regardless of their race or ethnicity. To that end, MCSO must engage with and reach out to Maricopa County's Latino residents to ensure that it is fairly and effectively providing them with law enforcement services.
We strongly believe that effective policing and constitutional policing go hand in hand. In recent years, we have worked productively and collaboratively with law enforcement agencies across the country, increasingly at their request, to address serious concerns that threaten to undermine public confidence and hinder operational effectiveness. Our goal in every case is to work collaboratively to obtain a detailed understanding of the precise challenges and their root causes, and to develop and implement sustainable reform measures that will reduce crime, ensure respect for the Constitution, and increase public confidence in law enforcement. We stand ready to work cooperatively with you to address the concerns outlined in this letter, and we remain prepared to take prompt, appropriate legal action if you choose to forego collaboration. The violations we have identified are serious, and voluntary compliance with the Constitution and federal law will require a detailed agreement incorporating the foregoing remedial measures. Given the systemic nature of the constitutional violations, effective compliance in this case will require federal judicial oversight; a court-enforceable agreement will provide the structure, transparency, and accountability necessary to achieve sustained success."
“The Department of Homeland Security (DHS) is troubled by the Department of Justice’s (DOJ) findings of discriminatory policing practices within the Maricopa County Sheriff’s Office (MCSO). Discrimination undermines law enforcement and erodes the public trust. DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO’s 287(g) jail model agreement and is restricting the Maricopa County Sheriff’s Office access to the Secure Communities program. DHS will utilize federal resources for the purpose of identifying and detaining those individuals who meet U.S. Immigration Customs Enforcement’s (ICE) immigration enforcement priorities. The Department will continue to enforce federal immigration laws in Maricopa County in smart, effective ways that focus our resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.”
Support Families Fired by I-9 "Silent Raid" Audits
Support 200 Families fired by the ICE I-9 Audit (Electronic Raid) at Pacific Steel Foundry in Berkeley
Sunday, December 18th, 2 p.m. to 4 p.m.
Press conference at 2 pm. Music, program and food to follow.
Also U.N. International Day of the Migrant
St. Mark's Catholic Church
159 Harbour Way, Richmond, CA 94801
Members of East Bay local governments, community, labor and faith organizations are holding a gathering to show support to nearly two hundred workers at Pacific Steel in Berkeley, CA who have been fired due to an ICE raid. Many had worked at the foundry for over a decade, some over two. Workers are parents, homeowners, and established members of the community. "Many of us are buying homes, or have lived in our homes for years," said one worker. "We have children in the schools. We pay taxes and contribute to our community. What is happening to us is not just, and hurts our families."
Please bring canned goods, pasta, spaghetti sauce or $5 Safeway or Lucky's giftcards to help children and families affected by the latest Immigration and Customs Enforcement (ICE) attack on our local economy and our entire community. Donations can be arranged to be dropped off at another time as well.
Dec. 18th, is the U.N. International Day of the Migrant as a reminder of the rights guaranteed to all migrants regardless of status by the Migrant Workers Convention. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families affirms the human rights of all migrants, regardless of citizenship or immigration status, and recognizes that migrants are men, women, children, and families - not just economic commodities.
Please show your support for immigrants right here in our own community. Mexican holiday refreshments will be provided, please come to show solidarity!
Sponsored by the Pacific Steel Co. Workers Committee, Richmond Progressive Alliance, East Bay Interfaith Immigration Coalition, Alameda County United in Defense of Immigrant Rights, Glass Molders Pottery Plastics Workers Union Local 164B and Kehilla Community Synagogue.
For more information, contact Rev. Deborah Lee, <tel:415-297-8222>415-297-8222 or Nicole Valentino, <tel:510-620-6527>510-620-6527.
Gringrich Immigration Plan is Twisted
From the Center for American Progress:
Newt Gingrich is the only top-tier candidate standing to express support for anything short of massively expensive and economically self-defeating enforcement policy. He has characterized his approach to immigration as humane, compassionate, and realistic. But is it really a kinder, gentler, approach that could actually win Latino support in the general election if he wins the nomination? In a word, no. In fact, Gingrich twists himself up like a pretzel trying to be all things to all voters.
In this issue brief, Marshall Fitz takes a closer look at Newt Gingrich’s immigration proposal and strategy and concludes it is doomed to fail for three reasons.
Scholars Eye SB 1070 as Among Court’s “Biggest Immigration Cases Ever”
Julianne Hing on ColorLines looks at the possible impacts of a Supreme Court decision in United States v. Arizona.
STUDY: IMMIGRATION CREATES JOBS FOR U.S. WORKERS
The American Enterprise Institute (AEI) and the Partnership for a New American Economy today released a report analyzing the impact of immigration on the American economy. The nationwide study, based on a multi-year statistical analysis, offers new evidence that immigrants create jobs for American workers, and that immigrants with specific skill types do not compete with native workers, but complement them and improve their employment outlook.
The report – “Immigrants and American Jobs,” by economist and professor Madeleine Zavodny – analyzes the relationship between the foreign-born workforce and the employment rate for native U.S. workers. The report focuses on two groups often seen by policymakers and employers as critical to the economy: foreign-born adults with advanced degrees and foreign workers here on temporary-employment visas. In both cases, the analysis shows that more foreign-born workers means more jobs for U.S. natives – as many as 262 more native-born workers employed for every 100 foreign-born workers with advanced U.S. degrees who work in science, technology, engineering, or math (“STEM”) fields.
The report also looks at the fiscal impact of the foreign-born and finds that, on average, all immigrants pay more in taxes than they receive in benefits, particularly for highly educated immigrants. Together, the data shows that policy reforms designed to accommodate more of these categories of immigrants would boost employment, while making a positive contribution to government budgets.
U.S., EUROPEAN IMMIGRATION VIEWS STABLE DESPITE ECONOMIC CRISIS AND ARAB SPRING
A new public opinion survey out today shows that in the midst of the global economic crisis and “Arab Spring,” attitudes toward immigration remain stable in the United States and five European countries. According to the 2011 Transatlantic Trends: Immigration survey, most Americans and Europeans see immigration as a problem yet remain optimistic about immigrant integration. The survey also shows that while most disapprove of government management of immigration, a majority of Americans and Europeans support centralized immigration policies over local ones.
My Life as an Undocumented American
Krsna Avila is the legal services manager at the Educators for Fair Consideration (E4FC), an organization dedicated to helping immigrant students achieve the ‘American dream’ of college and citizenship. E4FC provides direct support and advocacy for immigrant students who have grown up in the United States but face challenges due to financial need and immigration status. After years as an undocumented immigrant, Mr. Avila finally became a permanent resident of the United States recently. In his post, Mr. Avila describes how his view of himself as an American was shattered when he discovered his status as an undocumented immigrant. He describes how his status as an undocumented immigrant affected his emotions and his identity.
Click here to read "My Life as an Undocumented Immigrant."
U.S. Citizens Harmed by Aggressive Immigration Enforcement
Julia Preston for the New York Times reports on the growing number of U.S. citizens who have been detained under programs with local police officers, namely Secure Communities. "In a spate of recent cases across the country, American citizens have been confined in local jails after federal immigration agents, acting on flawed information from Department of Homeland Security databases, instructed the police to hold them for investigation and possible deportation." For a story of one U.S. citizen in Los Angeles, who was detained by ICE, click here. For more examples, click here.
There have been reports of U.S. citizens being placed in removal proceedings.