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08/11/10 | Pew Report Sheds Little Light on Birthright Citizenship

Washington D.C. - Over the last several weeks, a handful of elected officials have re-ignited a call for the repeal of birthright citizenship. Claiming that countless unauthorized and temporary immigrants are coming to the United States solely to give birth, some are suggesting changing the Fourteenth Amendment of the U.S. Constitution, thereby forcing the U.S. government to individually determine the citizenship of every single child born in the country.

A new report from the Pew Hispanic Center is intended to provide data on the numbers of children born to unauthorized immigrants each year. However, the report offers no real clarity on the question of birthright citizenship. Limitations in the Census data upon which the report is based make it impossible to determine how many children are born into families in which both parents are unauthorized or temporarily in the United States. As a result, the report is only able estimate that 340,000 of the 4.3 million children born in the United States in 2008 had at least one unauthorized parent. In other words, this figure includes families in which one parent is unauthorized and the other a U.S. citizen or legal immigrant, so we still have no idea how many children would be affected by a change to the Fourteenth Amendment. If anything, the Pew report highlights how complicated this issue is given that so many unauthorized immigrants live in "mixed status" families that also include U.S. citizens and legal immigrants.

In sum, the new Pew report does not add anything to the current "debate" over birthright citizenship. It only makes it clearer that unauthorized immigrants are integrated into American families.  Ultimately, when discussing birthright citizenship, it is not about the numbers. The rhetoric surrounding the proposed repeal of birthright citizenship is divisive and runs counter to American values. Furthermore, repealing birthright citizenship would be expensive and impractical, and it would impact every single American. Most importantly, it is not a solution to the broken immigration system. Rather, it is simply a distraction that keeps us from addressing the real issues at stake.  

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

07/06/10 | FAIR's Distorted Fiscal Snapshot of Unauthorized Immigrants

Washington D.C. -  Today, Fox News is reporting on data provided to them by the Federation for American Immigration Reform (FAIR) which amounts to a highly misleading fiscal snapshot of the costs allegedly imposed on U.S. taxpayers by unauthorized immigrants.  However, in its rush to portray unauthorized immigrants as nothing more than a drain on the public treasury, FAIR completely discounts the economic contributions of unauthorized workers and consumers.  Moreover, FAIR inflates their cost estimate by indiscriminately lumping together native-born, U.S.-citizen children with their unauthorized parents.


FAIR's report suffers from three fatal flaws:

  • The report notes that the single biggest "expense" it attributes to unauthorized immigrants is the education of their children, yet most of these children are native-born, U.S. citizens who will grow up to be tax-paying adults.  It is disingenuous to count the cost of investing in the education of these children, so that they will earn higher incomes and pay more in taxes when they are adults, as if it were nothing more than a cost incurred by their parents.
  • The report fails to account for the purchasing power of unauthorized consumers, which supports U.S. businesses and U.S. jobs.
  • The report ignores the value added to the U.S. economy by unauthorized workers, particularly in the service sector.

In contrast to FAIR's report, the Perryman Group estimated that if all unauthorized workers and consumers were somehow removed from the U.S. economy, the United States would lose $552 billion in total economic activity ("expenditures"), $245 billion in Gross Domestic Product (GDP), and 2.8 million jobs. 

FAIR's data is meant only to reinforce their vision of "attrition through enforcement." It is not rooted in an effort to move the immigration debate forward. The public and the President have made it clear that deporting 11-12 million immigrants isn't reasonable or feasible. Therefore, passing comprehensive immigration reform - which would yield a cumulative $1.5 trillion in added U.S. gross domestic product over 10 years - is the only sound economic decision the United States can make. 

06/08/10 | Reality at the U.S. Mexico Border

Washington D.C. - On Monday, the Immigration Policy Center (IPC) hosted a teleconference with border and national-security experts who dissected the myths linking immigration and border violence. These experts shared their analyses of the reality of crime and violence along the U.S.-Mexico border, what the real sources of violence are, and how the U.S. should respond.  They all made the point that nearly twenty years of immigration policy focusing on "securing the border first" has failed to address the underlying issues and criminal cartels that are the real cause of violence along the border.  The experts noted that immigration laws and policies of the past two decades have, ironically, made the border less safe and have actually benefitted the traffickers and smugglers who operate at the border.

Benjamin Johnson of the American Immigration Council stressed the need to disentangle unauthorized immigration and border violence as a means for solving both problems, noting that "we are pursuing a lopsided approach of border-enforcement only and placing the highest priority on prosecuting nonviolent border-crossers rather than dangerous criminals. Everyone wants an easy solution to solving our problems at the border, but the reality is a simple solution does not exist for complex problems."
 
According to David Shirk, Director of the Trans-Border Institute at the University of San Diego,
"the Border Patrol has doubled to 20,000 agents, there are also more than 3,000 Immigrations and Customs Enforcement agents, 300 National Guard troops (with 1,200 more on their way), and a significant surge in the number of Alcohol, Tobacco, and Firearms personnel. However, border security-only advocates say that this is still not enough. Further saturating the border is costly and ineffective. Indeed, the border-centric approach has encouraged drug trafficking organizations to evolve from relatively small-scale, low-level operations in the 1980s into the highly sophisticated, heavily-armed criminal organizations that are today seriously undermining the Mexican state. The flow of drugs and immigrants continues practically unabated, despite these very costly investments in border security."
 
He added, "the argument that can be made is that we have gone as far as reasonable to secure this part of the comprehensive approach. We have entered into a free trade agreement with Mexico that allows the flow of goods and capital, but we have not figured out how to manage labor. Border security is made difficult by the creation of a haystack of people; 200,000 people were apprehended at the border last year and 200 were found to have criminal histories. In my view, we need to figure out how to get the 99% of people who don't pose a threat out of the way through work-visa programs or other means. This would make the Border Patrol's job much easier by shrinking the size of the haystack."
 
Jennifer Bernal Garcia of the Center for New American Security explained, "it's true that the U.S. faces a problem of national security relevance at its border. However, focusing on the problem of crime rather than crime and immigration is needed. When you build a fence, you are pushing immigrants straight into the arms of criminal cartels. There hasn't been enough of a focus placed on prosecution and enforcement measures against criminal cartels. Many think that the border is the 'choke point,' but drug cartels are sprawled out. We must think beyond the border. Going after scapegoats at the border does nothing to change or deter the criminal element."  She explains, "what is needed along the border is a coordinated strategy among federal agencies and foreign governments, not incremental acts and feel-good deployments. Such a broad strategy would focus on reducing criminal groups' ability to violently contest state authority, both by diminishing the sources of their proceeds (drugs) and their social base (through a mix of regional law enforcement and social programs)." 

Aarti Kohli of the Warren Institute at California State University at Berkeley noted that programs like Operation Streamline, which places all illegal border crossers in federal criminal proceedings in certain regions, are examples of a misdirected policy.  "All border crossers regardless of their criminal history are pushed through federal district courts rather than through the civil immigration court. One of the unintended consequences is that resources are taken from prosecuting higher-level offenses. In 2009, federal prosecutors in border districts turned away 1,800 drug prosecutions mostly because they did not have enough investigative and prosecutorial resources. We have created an environment where non-violent border crossers are being prioritized over more dangerous criminals like kidnappers, drug smugglers, and others."  In a recent report she found that "between 2002 and 2008, federal magistrate judges along the U.S.-Mexico border saw their misdemeanor immigration caseloads more than quadruple. Criminal prosecutions of petty immigration-related offenses increased by more than 330% in the border district courts, while smuggling and drug trafficking charges were brought less frequently or remained flat."

The panel made the compelling point that "border security first" as a policy choice long ago reached the point of diminishing returns.  Reducing illegal immigration will not be accomplished solely by securing the border, but by a coordinated and comprehensive strategy. Creating sensible immigration policies, while simultaneously and comprehensively addressing the criminal issues that are at the heart of border violence, is the only way to provide genuine security along the border and throughout the United States.

Listen to the telephonic.
 
To read further information see:

05/25/10 | When is Enough, Enough?

Washington, D.C. - Following a meeting to discuss comprehensive immigration reform with Senate Republicans, President Obama announced that he would send 1,200 National Guard troops to the U.S.-Mexico border and would request $500 million for additional border personnel and technology as part of the Emergency Supplemental Appropriations Bill.

As we have seen time and time again, efforts to overhaul the entire immigration system have taken a back seat to the political expediency of pouring more money into border enforcement.  While it is clear that border violence must be addressed, it is also clear that enforcement alone is not a solution to our country's immigration problems.  

Over the last two decades, the United States has spent billions of dollars on border enforcement.  Since 1992, the annual budget of the U.S. Border Patrol has increased by 714 percent. At the same time, the number of Border Patrol agents stationed along the southwest border has grown by 390 percent.  Interior enforcement has expanded as well, and detentions and deportations are at record levels.  However, during the same time period, the number of undocumented immigrants in the United States has roughly tripled from 3.5 million in 1990 to 11.9 million in 2008. Yet close family members of American families continue to wait in visa backlogs that routinely last 5 to 7 years, and Americas competitiveness in the global market place is challenged by difficulties recruiting and retaining exceptional foreign workers.  

The President stated that the goal of the additional resources is to quell the violence along the border. While many are frustrated by the continued funding of border enforcement activity to the exclusion of other issues, the only bright side is that this approach seems to acknowledge that the real sources of violence and crime along the border  are  not immigrants but drug cartels and gun trafficking.

"Those Members of Congress who have insisted on 'border enforcement first' for years must now acknowledge that we are pouring ample resources into enforcement and must be prepared to move on to step two-comprehensive immigration reform," stated  Ben Johnson, Executive Director of the American Immigration Council. "We need to address the root causes of illegal immigration and create a functional legal immigration system for the 21st century. The American people are hungry for real reform.  We can no longer wait for politicians to squeeze every last political point out of this issue; we need real leadership that is focused on solutions, not headlines."

05/20/10 | Second Grader Speaks to First Lady on behalf of 5.5 Million Children in the U.S.

Washington D.C. - In the midst of a loud, long and contentious battle over immigration, a soft voice emerged yesterday which spoke volumes about our nation's broken immigration system - and the fear and havoc it creates in the lives of million of young people in America. "My mom... she says that Barack Obama is taking everybody away that doesn't have papers," whispered a second grade girl in Silver Spring, Maryland, to Michele Obama during her visit to that school yesterday. Her honesty was powerful testimony on behalf of 5.5 million children (75% of which are U.S. Citizens) in America, who have at least one parent without proper immigration status. 


For several years a range of academics have documented the powerful effect this uncertain future is having on the lives of children in America. The Immigration Policy Center has produced fact sheets and provides links which highlight these various studies.

  • Protecting Children in the Aftermath of Immigration Raids highlights the consequences of parental arrest, detention, and deportation on 190 children in 85 families in six locations across the country. The report found that raids and other ICE actions that separate parents and children pose serous risks to children's immediate safety, economic security, well-being, and long-term development. In most cases, two-parent homes became single-parent families after one parent was detained.  At least 20 families in the study were forced to decide whether children-many of whom are native born U.S. citizens-would leave the country with their deported parent or remain with the other parent or other relatives. The Urban Institute interviewed families affected by ICE actions at the following six sites.
05/18/10 | Anti-Immigrant Group Recommends Economic Self-Destruction for Arizona

Washington D.C. - In data released "exclusively to FoxNews.com," the Federation for American Immigration Reform (FAIR) - architects of the new Arizona law SB1070 - claim that unauthorized immigrants in Arizona are costing the state's taxpayers $2.7 billion per year for education, medical care, and incarceration. The release of this "fiscal analysis" takes advantage of the absence of any legitimate economic analysis by the state on what SB1070 will cost. However, judging from FAIR's track record when it comes to these kinds of state estimates, it is likely that their numbers are virtually meaningless. In its most recent state studies on unauthorized immigration in Maryland, Pennsylvania, and Virginia, for instance, FAIR has dramatically exaggerated the fiscal "costs" imposed by unauthorized immigrants by including schooling and medical care for their native-born, U.S.-citizen children in its estimate, and conveniently forgetting to account for the economic role that unauthorized workers play as consumers who help support local economies.

FAIR's latest data fails to account for the property, sales, and income taxes paid by unauthorized immigrants. Nor does the data account for the consumer purchasing power of unauthorized immigrants - what they spend on goods, services, and housing - which actually creates jobs and generates additional tax revenue. They seem to forget that deporting workers also means deporting consumers and taxpayers.

However, in all fairness, they do acknowledge that the costs of implementing SB1070 will add to the economic strain on the state. In the absence of any state-generated fiscal data on the cost of the law's implementation, some Arizonans have pointed to a fact sheet produced by Yuma County Sheriff Ralph E. Ogden in response to similar legislation proposed in 2006. The Yuma county snapshot of enforcement costs is a sobering reminder of the overwhelming financial costs - up to $100 million for just one Arizona county - that will ensue if the state attempts to enforce its new law.  Ultimately, this law will cost Arizona hundreds of millions of dollars to implement. Yet those costs are only part of the story and don't even account for lost revenue from losing a part of the workforce, not to mention a growing boycott and expensive lawsuits from which the state will have to defend itself.

For further information see: 

04/23/10 | Implementation Costs of SB 1070 to One Arizona County

Washington D.C. - Today, Arizona Governor Jan Brewer may sign into law a bill that has the potential to sink her state much deeper into the red than it already is. Touting a $10 million investment into local law enforcement from discretionary federal stimulus money the state received from the American Recovery and Reinvestment Act, Governor Brewer is gambling with Arizona's economy. The costs associated with SB 1070 have not been quantified by the Arizona legislature but it is safe to assume that $10 million dollars is only a drop in the bucket towards what it would actually cost to enforce this law. 

In Arizona, when a bill is introduced in the state legislature, a "fiscal note" is attached which lays out the cost of implementation. In the case of SB 1070, the accompanying fiscal note is shockingly lacking in detail, concluding that "the fiscal impact of this bill cannot be determined with certainty. We do not have a means to quantify the number of individuals arrested under the bill's provisions or the impact on the level of illegal immigration." At a time when Arizona is facing a multi-billion dollar deficit, however, enacting an enforcement program that will surely run into the hundreds of millions of dollars is fiscally irresponsible at best.

In the absence of any current fiscal data on the cost of SB 1070's implementation, some Arizonans are pointing to a fact sheet produced by Yuma County Sheriff Ralph E. Ogden in response to similar legislation proposed in 2006. Yuma County is one of Arizona's 15 counties, with a population of about 200,000.

The 2006 fact sheet estimates the costs of a bill which would have authorized the police to arrest illegal immigrants on trespassing charges if they were simply present in the state (the bill was eventually vetoed by then Governor Janet Napolitano).  The Yuma County Sherriff's fact sheet shows a staggering potential cost to Yuma County law-enforcement agencies. The Sherriff estimated:

  • Law-enforcement agencies would spend between $775,880 and $1,163,820 in processing expenses;
  • Jail costs would be between $21,195,600 and $96,086,720;
  • Attorney and staff fees would be $810,067-$1,620,134;
  • Additional detention facilities would have to be built at unknown costs.

Furthermore, in an email between Yuma County Attorney Jon Smith and Arizona lawmakers, Smith added that there would be even more costs to implementing SB 1070 than just what Ogden had outlined, and noted that his county was already struggling with a budget deficit by furloughing employees and forcing days off without pay. He wrote:

"It was also noted that the Superior Court, Justice Courts and Municipal Courts would also realize increased costs if that legislation passed. Although such increases were not calculated, it was and should be noted that such would include additional court staff, interpreters, administrative staff and pre-trial services. In a percentage of those cases, Juvenile Court and the juvenile detention facility would have also recognized cost increases...An increase of this proportion would stifle all areas of the system, from the moment of arrest to the point of conviction, sentencing and incarceration.  Already LEA (law enforcement agencies) are fighting to stay afloat through the use of furloughs, and mandated days off with pay.  I really doubt the fines and fees assessed will be able to match the need and cost associated."

The Yuma county snapshot of enforcement costs is a sobering reminder of the overwhelming financial harm that SB 1070 could cause the state of Arizona.  Ultimately, those costs are only part of the story and don't even account for lost revenue such as tax contributions and consumer purchasing, as well as the potentially expensive lawsuits that will likely ensue if this law if it is signed by the Governor.

04/21/10 | How Much Will Arizona's Immigration Bill (SB1070) Cost?

Washington, D.C.- Frustrated by Congress' failure to pass comprehensive immigration reform, states across the country continue considering legislation that relies heavily on punitive, enforcement-only measures which not only fail to end unauthorized immigration but also have the potential to dig their state's finances deeper into a hole.

The latest example of this kind of policy nose dive is in Arizona. A recent bill, "Support Our Law Enforcement and Safe Neighborhoods Act" (SB 1070), was passed by the Arizona State legislature and awaits the signature of Arizona Governor Jan Brewer. As the Governor ponders whether or not to put her signature on SB 1070, she should consider the potential economic impact of the bill, which would require police to check a person's immigration status if they suspect that person is in the United States illegally. This bill, if it becomes law, will likely affect not only unauthorized immigrants, but all immigrants and Latinos in general. Given the vital role that immigrants and Latinos play in Arizona's economy, and considering Arizona's current budget deficit of $3 billion dollars, enacting SB 1070 could be a perilous move.

At a purely administrative level, Gov. Brewer should take into consideration the potential costs of implementation and defending the state against lawsuits. As the National Employment Law Project (NELP) points out in the case of other states that have passed harsh local immigration laws, Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted. This is in addition to the cost of implementation. For instance, NELP observes that "in Riverside, New Jersey, the town of 8,000 had already spent $82,000 in legal fees defending its ordinance" by the time it was rescinded in September, 2007. Also in 2007, the county supervisors in Prince William County, VA were unwilling to move forward with the police enforcement portion of the immigration law after they found that the price tag would be a minimum of $14 million for five years.

More broadly, Gov. Brewer should keep in mind that, if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002, the last year for which data is available. The Perryman Group estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well.

With Arizona facing a budget deficit of more than $3 billion, Gov. Brewer might want to think twice about measures such as SB 1070 that would further imperil the state's economic future and try instead to find ways in which she can bring additional tax revenue to her state while pursuing smart enforcement that will actually protect Arizonans.

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For press inquiries contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

04/09/10 | Immigration Reform with Legalization Does Help U.S. Economy and Newly Legalized

Washington D.C. - A new report from the Public Policy Institute of California (PPIC), entitled Immigrant Legalization: Assessing the Labor Market Effects, yields both some enlightening and some potentially misleading results about the likely impact of a legalization program.  Because the PPIC report focuses on legal status acquired under current immigration law, it does not reflect the long-term benefits and gains that follow from a comprehensive immigration reform package which includes legalization.

While the PPIC report dovetails with other reports when it concludes that legalization would not have a negative impact on native workers' wages and employment, their findings on the wages and mobility of the newly legalized differ from other academic studies on how immigrants fare after legalization.  This difference can be attributed to the fact that PPIC looks at legalization only, and how the newly legalized are doing just 4-13 months after becoming legalized. Almost all other previous studies haven take a longer term view of their success.

PPIC relies upon data from the New Immigrant Survey (NIS), a sample of foreign-born individuals who acquired legal permanent resident (LPR) status between May and November 2003.  It is important to keep in mind that the NIS is not representative of the unauthorized-immigrant population as a whole.  As opposed to the individuals captured in the NIS, most unauthorized immigrants do not have a means of acquiring legal status.  Moreover, individuals in the NIS were interviewed 4-13 months after acquiring LPR status.

Despite these limitations in the NIS data, the PPIC report uses it to conclude that immigrants who receive legal status do not experience significant upward mobility in their occupation or wages. Unfortunately, 4-13 months is far too short a time to witness the sort of upward socioeconomic mobility that legalization would facilitate.  For instance, a report on beneficiaries of legalization under the 1986 Immigration Reform and Control Act (IRCA) revealed pronounced upward mobility in terms of education, wages, homeownership, and occupation between 1990 and 2006:

  • In 1990, only 30 percent of IRCA immigrants 16-24 years old had a high-school diploma or better.  By 2006 (when that group was 31-41 years old), the share had increased to 58 percent.
  • The real wages of IRCA immigrants in all age groups increased between 1990 and 2006.
  • While 34 percent of IRCA immigrants age 35-44 years owned homes in 1990, 68 percent owned homes in 2006.
  • The share of younger IRCA immigrants employed in managerial-level positions rose substantially, from 9 percent in 1990 to 17 percent in 2006.

Although the PPIC report is right that a new legalization program for unauthorized immigrants poses no danger to native-born workers and taxpayers, it vastly underestimates the significant economic benefits that would likely flow from legalization.  This stems in part from the report's questionable finding that roughly 90 percent of all unauthorized immigrants already pay taxes and that legalization therefore would bring few new taxpayers into the system.  Most other authoritative estimates suggest that around half of unauthorized immigrants currently pay taxes.  Legalization would bring more people into the tax system than PPIC assumes, and would yield increasing tax revenue over time as the wages of newly legalized workers rise.

A recent report from the Immigration Policy Center and Center for American Progress concludes that, in the first three years after legalization, the higher earning power of newly legalized workers would translate "into an increase in net personal income of $30 to $36 billion, which would generate $4.5 to $5.4 billion in additional net tax revenue." This is a significant increase that reflects upward mobility among legalized workers which takes years, not months, to achieve.

04/02/10 | Enforcement Gone Wild

Washington, D.C. - Today, the Department of Homeland Security’s Office of the Inspector General (OIG) issued a long-awaited report that offers a damning critique of the 287(g) program, confirming many of the criticisms levied against the program by community leaders, law enforcement officials, and immigration groups, including the Immigration Policy Center. Despite problems with the 287(g) program, it has recently been expanded to additional jurisdictions.

The report, The Performance of 287(g) Agreements, identifies numerous shortcomings that lead to abuse and mismanagement and raises serious questions about the wisdom of state and local immigration enforcement partnerships with ICE.

According to the report, the 287(g) program:

  • Is poorly managed and supervised, and ICE has not instituted controls to promote effective program operations;
  • Lacks strict guidelines for implementation, which results in different implementation methods in different jurisdictions;
  • Lacks an adequate and consistent vetting process for jurisdictions that apply for the program, as well as for officers applying to be deputized under the program;
  • Does not gather data necessary to track how the program is being used;
  • Lacks a process for reviewing Memorandums of Agreement (MOAs) on a regular basis, and for modifying or terminating an MOA as necessary.
  • Has not taken action against law enforcement agencies that are clearly violating the terms of the MOA, nor adequately trained deputized officers about immigration law or their authority under the MOA;
  • Lacks public outreach efforts, and often provides the public with misleading or inaccurate information about the 287(g) program.

This report follows on the heels of recent revelations and reports that ICE is failing to prioritize genuine threats to the community. The Washington Post recently reported that a senior ICE official sent a memo to field offices outlining an enforcement strategy which emphasized large enforcement quotas rather than focusing on serious criminals. Similarly, the OIG found that 287(g) programs have not prioritized serious criminal immigrants, and performance standards by which local officers are evaluated focus on the number of immigrants encountered, not the seriousness of their crimes.

"The OIG report is further evidence that the Administration has yet to distinguish between deporting large numbers of immigrants and making us safe,” said Mary Giovagnoli, Director of the Immigration Policy Center. "In the rush to engage state and local law enforcement on federal immigration matters, ICE has created a program that lacks oversight, undermines community relations, and breeds mistrust. As proven time and time again, a deportation-driven strategy exacts a high toll on individuals and communities with little real impact in stopping illegal immigration.”

For more information on the 287(g) program, read:

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For press inquiries contact Mary Giovagnoli at mgiovagnoli@immcouncil.org or 202-507-7511