IPC In The News

Guest commentary: Michigan should avoid divisive immigration laws

Gov. Rick Snyder on Monday will make his first major policy speech on immigration. Snyder already has signaled his opposition to an Arizona-style immigration bill, saying any such measure would further divide our state. Here's why that's a wise position.

Our immigration system has no capacity to deal with some 12 million undocumented people already in this country. Deportation is tearing families apart, and a backlog in processing applications creates agonizingly long wait times. Reports of overzealous immigration enforcement -- including stakeouts at a Detroit elementary school -- are only the most recent examples of why we must overhaul this system. But fair, humane legislation demands a comprehensive approach from the White House, not the statehouse.

Immigration bills were introduced in 23 states last year. At least five states have enacted "show me your papers" laws. Arizona blazed the path in 2010 with a sweeping measure that makes it a crime for people to fail to carry immigration documents, and gives police broad powers to detain anyone suspected of being in the country illegally.

A blatantly unconstitutional Alabama law goes even further, requiring school officials to verify the immigration status of children and their parents, authorizing police to demand papers during traffic stops, and even criminalizing Alabama residents for day-to-day interactions with undocumented individuals.

Such patchwork, state-by-state measures virtually guarantee the proliferation of racial profiling -- an issue with which the Arab-American community is all too familiar.

Published In: Detroit Free Press | 07/14/11

Rep. Hansen Clarke and 3 Facts About Undocumented Immigration

At a recent event in Detroit organized by the Alliance for Immigrants Rights to address local racial profiling of Latinos by ICE, U.S. Rep. Hansen Clarke took a step that few people — let alone politicians — take: he admitted that his father was likely an undocumented immigrant.

Clarke told community members, “I’m the son of an undocumented immigrant — and I’m proud to say that.” Clarke spoke at the forum at Hope of Detroit Academy, a school targeted in March by ICE agents who are now being investigated after going after parents as they dropped their kids off at school.

Clarke is of African-American and Bangladeshi descent. His African-American mother raised him as a single parent after his father who emigrated from Bangladesh, passed away when Hansen was eight years old. Hansen, the first U.S. Congressman of Bangladeshi descent, told the Detroit Free Press his father was ” ‘more than likely undocumented’ when he came to the U.S. His father immigrated in the 1930’s from pre-Partition India, then under British rule, and died in 1965.” (We would have liked to link back to the Free Press article, but are tired of linking to articles with the i-word in the title, especially as this man did not call his father “illegal.”)

In this anti-immigrant climate, Rep. Clarke took some political risk in admitting something about his family’s past that many other public officials would also be correct in disclosing. One of the most popular comebacks from a range of people — including minutemen border militia, hardcore immigration restrictionists like Numbers USA and the like, and both Republicans and Democrats — is that people need to get papers the “legal” way and “get in line,” just like their parents or grandparents or some ancestor did.

Published In: Colorlines Magazine | 07/13/11

DREAM Act sparks debate, misinformation, and fear

After reading the 200 plus comments last week, I realized that despite my laying out the case for the DREAM Act, that there were many misconceptions as well as real questions out there that deserve answers and clarification.

There were also readers who wrote insightful comments, sometimes even using their own experiences to highlight what the DREAM Act would mean. And I encourage more of you to write in.

A thank you to all who left comments.

I hope to further the dialogue by tackling ten points made by readers who showed real concern or didn’t have all the facts about DREAMers, the young people this bill would affect.

1. Illegal immigrants flooding over our borders are the problem.

Actually the problem is more complicated than that.

Out of the estimated 11 to 12 million undocumented aliens living in America, 40-45% came here on visas from places as diverse as India, Russia, or Ireland and then never returned home. They arrived on tourist, student, business, and temporary worker visas. (Senate Homeland Security and Governmental Committee Report and GAO)

Since 2007, more than 300,000 people each year have remained on our shores after their visas expired. (ICE report to Congress)

By the way, an interesting side fact: six of the 9/11 hijackers had overstayed their visas.

2. DREAMers will take away jobs.

There is no evidence that citizenship for DREAMers would cost jobs for American workers. Instead it has been found that immigrants actually expand and enrich the economy as these young people become productive, tax paying individuals. (Federal Reserve Bank of San Francisco Report)

America needs as many talented college graduates that it can muster. Right now, we are encouraging people from abroad to come to America to go to college with majors in science and technology.

Published In: Washington Times | 07/13/11

Mandatory E-Verify opponents say it must be part of comprehensive immigration reform

Mandatory E-Verify opponents do not propose eliminating an employee verification program, but say businesses need one that works well for employers — especially small companies — and workers.

Analysts and business organizations have argued that E-Verify alone would hurt Florida and the U.S. economy, but those same organizations say that a program that allows employers to verify a workers immigration status must be part of federal immigration reform.

The Immigration Policy Center compares the “Legal Workforce Act of 2011″ of Rep. Lamar Smith’s R-Texas, which would make the E-Verify system mandatory for all employers within three years, and Sen. Robert Menendez’s “Comprehensive Immigration Reform Act of 2011,” which also includes mandatory E-Verify. The bill filed by Menendez includes a program to require immigrants who were undocumented as of June 1 to register with the government, learn English and pay fines and taxes on their way to becoming Americans.

The Policy Center explains that:

Like all comprehensive immigration reform (CIR) bills since 2005, the Menendez bill allows for a mandatory E-Verify system only in context to other elements of comprehensive immigration reform, like a generous legalization program, reforms to family- and employment-based systems, border and interior enforcement and integration programs. Under Menendez’s bill, current unauthorized workers would have a chance to legalize their status, and future workers could come through newly created legal channels.

The Policy Center adds that, although some groups will continue to oppose mandatory E-Verify even as part of comprehensive immigration reform, “others have realized that if E-Verify isn’t going anyway, it had better work well and provide strong protections for workers.”

Published In: Florida Independent | 07/11/11

Are Immigrants Flooding the Military for U.S. Citizenship?

Are immigrants joining the military to circumvent the U.S. immigration system’s notorious backlogs and win citizenship for themselves and visas for their family? A new article from AFP seems to suggest so. The piece tells the story of Darby Ortego, a 25-year-old Filipino-American who became a citizen this year after serving in the military. He’sbeen stationed in Afghanistan.

AFP reports:

Like thousands of fellow Filipinos, he sees the US military as a fast-track to American citizenship, securing his own future and also helping his family back home. “I joined up to get my mom to America,” said Private Ortego, who is deployed at Combat Outpost Sabari in Khost, where US troops clash with Taliban rebels based across the border in Pakistan. “I want to bring my mom from her village in the Philippines to Nevada, where I live. I want her to be with me.” Ortego is one of the roughly 9,000 legal immigrants who join the US armed forces each year from countries as far apart as Panama, Nigeria, Liberia and Turkey.

The piece goes on to suggest that joining the military is a straightforward route to citizenship that many are taking.

In the last 10 years, nearly 69,000 immigrant troops have become US citizens while serving. Naturalisation takes just months for serving military personnel compared to years for regular legal immigrants. Unemployment and poverty in their homeland have driven millions of Filipinos abroad to search for work, often on construction sites or as domestic staff. “It is better in the US because there are more opportunities. You can find a job and they will pay a decent amount,” said Ortego, who sends money back to his family in Northern Samar province.

All true as it is, except that in order to even qualify for military service, foreign nationals must first have a green card, which is nearly impossible to come by these days. Military service is not exactly the breezy fast track to citizenship it can appear to be.

Published In: Colorlines Magazine | 07/06/11

Criminal immigration prosecution numbers continue to rise

The Southern and Middle Federal Judicial Districts of Florida were among the top 10 districts in the nation in the number of criminal immigration prosecutions in the first six months of fiscal year 2011.

New data from the Transactional Records Access Clearinghouse at Syracuse University shows that criminal prosecution for illegal reentry was the most commonly recorded lead charge brought by federal prosecutors — accounting for nearly half of all criminal immigration prosecutions filed.

The data shows that the Florida districts have contributed more than 420 criminal immigration prosecutions, while clearly showing that the vast majority of these cases occur in the Southwest border states.

The Transactional Records Access Clearinghouse report notes that individuals who are not criminally prosecuted may be deported administratively. It adds that the vast majority of immigration apprehensions are dealt with via administrative actions such as “removals” and “voluntary departures.”

The data shows a steady rise of criminal prosecutions for illegal reentry, a felony offense, from 2009 through 2011. According to the authors, this charge has surpassed illegal entry as the most common federal immigration prosecution charge.

Commenting on this data, the Immigration Policy Center states that comparing the prosecution for illegal reentry data with prosecution for weapons-related offenses shows that the “federal government is prioritizing immigration enforcement over potentially far more dangerous activities, such as gun smuggling.”

According to the Policy Center, the data shows that while more than 18,500 cases of illegal reentry were prosecuted, “the number of weapons prosecutions continues to decline. In the month of January 2011 there were only 484 new weapons prosecutions—the lowest level since January 2001. Weapons prosecutions are down 7.9% from this time last year, and 28.8% from 2006.”

Published In: Florida Independent | 07/05/11

Senators introduce comprehensive immigration reform bill

U.S. Sens. Robert Menendez, D-N.J., Harry Reid, D-Nev., Patrick Leahy, D-Vt., Dick Durbin, D-Ill., Chuck Schumer, D-N.Y., John Kerry, D-Mass., and Kirsten Gillibrand, D-N.Y., reintroduced a comprehensive immigration reform bill on Wednesday.

Menendez’s office said in press release that the bill is “aimed at addressing the broken immigration system with tough, smart, and fair measures.”

The Immigration Policy Center explains that Menendez’s proposal includes the creation of Lawful Prospective Immigration (LPI) status. Applicants for LPI status would be required to submit biometric data, go through security checks and pay a fine. After six to eight years of LPI status, undocumented immigrants could transition to Legal Permanent Resident status only after they pay taxes and additional fines, learn English and U.S. civics, and undergo additional background checks. And even then, LPIs would have to wait behind those already in line for LPR status.

The Policy Center also says the bill includes improvements to regulate the future flow of legal immigrants by creating a standing commission that would study labor market and economic conditions to determine the number of employment-based visas needed. The bill also supports programs that better facilitate immigrant integration, such as enhanced policies to help immigrants learn English and grants for states that successfully integrate newcomers.

The release issued by Menendez adds that the

Comprehensive Immigration Reform Act of 2011 includes both a mandatory employment verification system and a program to require undocumented immigrants in the U.S. as of June 1, 2011 to register with the government, learn English, and pay fines and taxes on their way to becoming Americans.

Published In: Florida Independent | 06/23/11

ICE issues memo on ‘prosecutorial discretion’

John Morton, executive director of Immigration and Customs Enforcement (aka ICE), issued a memo (.pdf) last Friday that provides ICE personnel “guidance on the exercise of prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.”

The memo is one among several issued over the past 30 years by federal immigration authorities on how to exercise prosecutorial discretion. This latest memo explains that “the term ‘prosecutorial discretion’ applies to a broad range of discretionary enforcement decisions” that can include deferred action but also the execution of a deportation order. It offers guidelines on how to use discretion on a case-by-case basis and states that “decisions should be based on the totality of the circumstances, with the goal of conforming to ICE’s enforcement priorities.”

According to the Immigration Policy Center, there are factors that lead to the use or exercise of prosecutorial discretion in an immigration case, “with respect to investigations, arrests, detention, parole, the initiation of removal proceedings, continued litigation of removal proceedings, and even the execution of final removal orders. Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.”

The Morton memo adds that “when weighing whether an exercise of prosecutorial discretion may be warranted for a given alien, ICE officers, agents, and attorneys should consider all relevant factors.”

The memo lists a series of factors that would allow ICE officials to use discretion:

• If the alien came to the United States as a young child.

• Whether someone has graduated from a U.S. high school or has successfully pursued or is pursuing a college or advanced degree.

Published In: Florida Independent | 06/23/11

America's red-blue divide widens on illegal immigrants

America's red and blue states are increasingly going in exactly opposite directions on the issue of illegal immigration – a testament to how difficult finding middle ground has become on the federal level.

Earlier this month, Alabama followed Georgia and, most famously, Arizona in passing sweeping anti-illegal-immigration legislation. In many respects, Alabama's is the most comprehensive bill of the three, forcing schools to report how much they're spending to educate kids of illegal immigrants, for example.

That same week, however, New York State followed the lead of Illinois and opted out of the federal Secure Communities program, which is designed to identify and deport illegal immigrants in US jails who are convicted of certain felonies. They have criticized the program as casting too broad a net, deporting even "busboys and nannies." Several days later, Massachusetts also opted out, and California could be next.

As Washington has punted on federal immigration reform, states have become the laboratories to test new approaches. The picture that is emerging, though, is one of a nation divided against itself on the issue.

In the broadest terms, states with a long history of assimilating foreign-born migrants are largely defending the ideal of the United States as a "nation of immigrants," legal or illegal. Meanwhile, states that have before been largely isolated from immigration patterns are now taking a "the law is the law" approach.

The result is a pattern that roughly fits the red-blue divide with the South and inner West opposed by the Northeast and West Coast. But the patchwork of immigration policy could have a silver lining: As states struggle with the issue, their efforts could provide starting points for more meaningful federal reform.

Published In: Christian Science Monitor | 06/21/11

Mary Giovagnoli: What ICE's Latest Memo on Prosecutorial Discretion Means for Future Immigration Cases

Last week, Director of Immigration and Customs Enforcement (ICE) John Morton reminded ICE officials of their duty and obligation to use good judgment in the prosecution of immigration cases in a new memo. In a culture where many people still believe that "enforcing the law" and "removing people" are exactly the same, Morton's new memo is likely to shake some things up. While Morton's memo doesn't change the law in any way or end controversial programs like Secure Communities, it does serve as a much-needed guide for ICE officials on how, when and why to exercise prosecutorial discretion in immigration cases.

In the memo, Morton reminds ICE officers and attorneys that they should never assume that they are powerless to affect the outcome of a case -- instead, that authority rests with individual officers and attorneys to determine whether or not the positive factors in a given case outweigh the value of prosecuting that case. In fact, ICE officials need to do this regardless of whether or not immigrants or their attorney have asked for an exercise of prosecutorial discretion. The memo reiterates the need to triage cases based on ICE priorities, emphasizing the goal of putting limited resources into cases and activities that protect the country by going after those who seek to do it harm.

Published In: Huffington Post | 06/21/11